07/10/2023 City Council Special Agenda PacketJuly 10, 2023 | 6:00 PM Page 1 of 6 City Council
Special Meeting Agenda
CITY COUNCIL
AGENDA PACKET
CITY COUNCIL CHAMBERS, CITY HALL
7351 ROSANNA STREET, GILROY, CA
95020
SPECIAL MEETING | 6:00 PM
MONDAY, JULY 10, 2023
MAYOR
Marie Blankley
COUNCIL MEMBERS
Rebeca Armendariz
Dion Bracco
Tom Cline
Zach Hilton
Carol Marques
Fred Tovar
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
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
publiccomments@cityofgilroy.org or mailed to the Gilroy City Clerk’s Office at City Hall, 7351 Rosanna Street,
Gilroy, CA 95020. Comments received by the City Clerk’s Office by 1 p.m. on the day of a Council meeting will be
distributed to the City Council prior to or at the meeting and available for public inspection with the agenda packet
located in the lobby of Administration at City Hall, 7351 Rosanna Street prior to the meeting. Any correspondence
received will be incorporated into the meeting record. Items received after the 1 p.m. deadline will be provided to
the City Council as soon as practicable. Written comments are also available on the City’s Public Records Portal at
bit.ly/3NuS1IN.
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 review of any final administrative determination reached at this meeting is governed
by Section 1094.6 of the California Code of Civil Procedure.
A Closed Session may be called during this meeting pursuant to Government Code Section 54956.9 (d)(2) if a point
has been reached where, in the opinion of the legislative body of the City on the advice of its legal counsel, based
on existing facts and circumstances, there is a significant exposure to litigation against the City.
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Special Meeting Agenda
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 the 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.
To access written translation during the meeting, please scan the QR Code or
click this link:
Para acceder a la traducción durante la reunión, por favor escanee el código QR
o haga clic en el enlace:
bit.ly/3FBiGA0
Choose Language and Click Attend | Seleccione su lenguaje y haga clic en
asistir
Use a headset on your phone for audio or read the transcript on your device.
Use sus auriculares para escuchar el audio o leer la transcripción en el
dispositivo.
The agenda for this special meeting is as follows:
1. OPENING
1.1. Call to Order
1.2. Pledge of Allegiance
1.3. Invocation
1.4. City Clerk's Report on Posting the Agenda
1.5. Roll Call
1.6. Orders of the Day
1.7. Employee Introductions
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Special Meeting Agenda
2. CEREMONIAL ITEMS - Proclamations and Awards
2.1. Retirement Proclamation – Gilroy Golf Course General Manager Don
DeLorenzo
2.2. Retirement Proclamation – Police Sergeant John Ballard
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 publiccomments@cityofgilroy.org or mailed to the Gilroy City
Clerk’s Office at City Hall, 7351 Rosanna Street, Gilroy, CA 95020. Comments received by
the City Clerk’s Office by 1:00pm on the day of a Council meeting will be distributed to the
City Council prior to or at the meeting and available for public inspection with the agenda
packet located in the lobby of Administration at City Hall, 7351 Rosanna Street, prior to
the meeting. Any correspondence received will be incorporated into the meeting record.
Items received after the 1:00pm deadline will be provided to the City Council as soon as
practicable. Written material provided by public members under this section of the agenda
will be limited to 10 pages in hard copy. An unlimited amount of material may be provided
electronically.
4. REPORTS OF COUNCIL MEMBERS
Council Member Bracco – Downtown Committee, Cities Association Santa Clara County
Board of Directors (alternate), Santa Clara County Library Joint Powers Authority, Santa
Clara Valley Water Commission, Santa Clara Valley Water Joint Water Resources
Commission, SCRWA
Council Member Armendariz – Downtown Committee, Santa Clara County Library Joint
Powers Authority (alternate), Santa Clara Valley Habitat Agency Governing Board, Santa
Clara Valley Habitat Agency Implementation Board, Silicon Valley Clean Energy Authority
JPA Board (alternate), South County United for Health
Council Member Marques – ABAG, Downtown Committee, Gilroy Gardens Board of
Directors, Santa Clara Valley Habitat Agency Governing Board, Santa Clara Valley Habitat
Agency Implementation Board, SCRWA (alternate)
Council Member Hilton – CalTrain Policy Group (alternate), Silicon Valley Clean Energy
Authority JPA Board, South County United for Health (alternate), VTA Policy Advisory
Committee
Council Member Cline – Downtown Committee, Gilroy Economic Development Partnership
(alternate), Gilroy Sister Cities Association, Gilroy Youth Task Force, Silicon Valley Regional
Interoperability Authority Board, VTA Policy Advisory Committee (alternate), Visit Gilroy
California Welcome Center Board, VTA Mobility Partnership Committee
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Special Meeting Agenda
Council Member Tovar – Downtown Committee, Gilroy Youth Task Force (alternate),
Santa Clara County Expressway Plan 2040 Advisory Board, Santa Clara Valley Water
Commission, SCRWA, South County Youth Task Force Policy Team
Mayor Blankley – ABAG (alternate), CalTrain Policy Group, Cities Association Santa Clara
County Board of Directors, Downtown Committee, Gilroy Economic Development
Partnership, Gilroy Sister Cities Association (alternate), Gilroy Youth Task Force, Santa
Clara Valley Water Joint Water Resources Commission, SCRWA, South County Youth Task
Force Policy Team, VTA Board of Directors, VTA Mobility Partnership Committee 5. COUNCIL CORRESPONDENCE
6. FUTURE COUNCIL INITIATED AGENDA ITEMS
7. CONSENT CALENDAR
All matters listed under the Consent Calendar are considered by the City Council to be routine and will
be enacted by one motion. There will be no separate discussion of these items unless a request is
made by a member of the City Council or a member of the public. Any person desiring to speak on any
item on the consent calendar should ask to have that item removed from the consent calendar prior to
the time the Council votes to approve. If removed, the item will be discussed in the order in which it
appears. 7.1. Approval of the Action Minutes of the June 19, 2023 City Council Regular
Meeting
7.2. Approve Amendments to Gilroy Youth Commission Bylaws
7.3. Claim of Maria Salinas (The City Administrator recommends a "yes" vote
under the Consent Calendar shall constitute denial of the claim)
7.4. Claim of David Humberto Garcia Mejia (The City Administrator
recommends a "yes" vote under the Consent Calendar shall constitute
denial of the claim)
7.5. Claim of Eliseo Ramirez Pacheco (The City Administrator recommends a
"yes" vote under the Consent Calendar shall constitute denial of the claim)
7.6. Claim of Ameera Kleder Barnes (The City Administrator recommends a
"yes" vote under the Consent Calendar shall constitute denial of the claim)
7.7. Claim of Rosaura Aguilar (The City Administrator recommends a "yes"
vote under the Consent Calendar shall constitute denial of the claim)
7.8. Claim of Karen Clinton (The City Administrator recommends a "yes" vote
under the Consent Calendar shall constitute denial of the claim)
7.9. Claim of Sandra Lopez (The City Administrator recommends a "yes" vote
under the Consent Calendar shall constitute denial of the claim)
8. BIDS AND PROPOSALS (NONE)
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Special Meeting Agenda
9. PUBLIC HEARINGS
9.1. Introduction and First Reading of an Ordinance Adding Chapter 16B,
Sidewalk Vending, to the Gilroy City Code
1. Staff Report: Sharon Goei, Community Development Director
2. Open Public Hearing
3. Close Public Hearing
4. Possible Action:
1. Motion to read the ordinance by title only and waive further reading of the
ordinance; and
2. Introduce an ordinance adding Chapter 16B, Sidewalk Vending, to the
Gilroy City Code, which provides permit requirements and standards for
sidewalk vending.
10. UNFINISHED BUSINESS
10.1. Annual Appointments to City Boards, Commissions, and Committees With
Seats Vacant or Expired as of June 19, 2023
1. Staff Report: Thai Nam Pham, City Clerk
2. Public Comment
3. Possible Action:
Appoint members to City Commissions with seats vacant or expired as of
June 19, 2023.
11. INTRODUCTION OF NEW BUSINESS
11.1. Council Direction Concerning the City's Ongoing Membership in the Cities
Association of Santa Clara County
1. Staff Report: Bryce Atkins, Assistant to the City Administrator
2. Public Comment
3. Possible Action:
Council discussion regarding the continued status of the City of Gilroy as a
member of the Cities Association of Santa Clara County. 11.2. Selection of Voting Delegate for the League of California Cities 2023
Annual Conference
1. Staff Report: Thai Nam Pham, City Clerk
2. Public Comment
3. Possible Action:
Staff recommends that the City Council authorize a Council Member as the
Designated Voting Delegate to attend the 2023 League of California Cities
Annual Conference on behalf of the City, along with up to two alternate voting
delegates.
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Special Meeting Agenda
11.3. Consent of the Appointment of Karl Bjarke as Interim Public Works
Director (Retired Annuitant) Effective July 11, 2023 and Adoption of a
Resolution of the City Council of the City of Gilroy Approving the
Appointment and Employment Agreement
1.Staff Report: LeeAnn McPhillips, Administrative Services and Human
Resources Director / Risk Manager
2.Public Comment
3.Possible Action:
a)Consent of the City Administrator's recommendation to appoint Karl Bjarke
as Interim Public Works Director (as a retired annuitant) effective July 11,
2023.
b)Adopt a Resolution of the City Council of the City of Gilroy approving the
appointment of Karl Bjarke as Interim Public Works Director (Retired
Annuitant) pursuant to California Government Code Section 21221(h) and
authorizing the City Administrator to execute the employment agreement.
12.CITY ADMINISTRATOR'S REPORTS
12.1. Visit to Gilroy Sister City Angra do Heroismo
13.CITY ATTORNEY'S REPORTS
14.ADJOURNMENT
FUTURE MEETING DATES
August 2023
7 Regular Meeting - 6:00 p.m
21 Regular Meeting - 6:00 p.m
September 2023
11 Regular Meeting - 6:00 p.m
18 Regular Meeting - 6:00 p.m
October 2023
2 Regular Meeting - 6:00 p.m
16 Regular Meeting - 6:00 p.m
Meetings are webstreamed on the City of Gilroy’s website at gilroy.city/meetings.
Page 1 of 8
City of Gilroy
City Council Regular Meeting Minutes
Monday, June 19, 2023 | 6:00 PM
1.OPENING
1.1 Call to Order
The meeting was called to order by Mayor Blankley at 6:00 PM.
1.2. Pledge of Allegiance
Council Member Armendariz led the pledge of allegiance.
1.1 Invocation
There was none.
1.2 City Clerk's Report on Posting the Agenda
City Clerk Pham reported on the posting of the agenda.
1.3 Roll Call
Attendance Attendee Name
Present Rebeca Armendariz, Council Member
Dion Bracco, Mayor Pro Tempore
Tom Cline, Council Member
Carol Marques, Council Member
Fred Tovar, Council Member
Marie Blankley, Mayor
Absent Zach Hilton, Council Member
1.4 Orders of the Day
There were none.
1.5 Employee Introductions
Police Chief Espinoza introduced Chris Silva and Jesus Cortez, who were
promoted to Corporal and Sergeant, respectively.
Assistant to City Administrator Atkins introduced Daniel Scott, Community
Resilience Coordinator.
2.CEREMONIAL ITEMS - Proclamations and Awards
There were none.
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
Mayor Blankley opened Public Comment.
The following members spoke on items that were not on the agenda:
Ron Kirkish spoke about the Council Member's attendance at meetings. DRAFT7.1
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Michelle Campbell gave a report about the Downtown Wine and Art Walk
event.
Sharon Luna invited the council and public to a town hall meeting at San
Martín's Lions Club on June 29, 2023, at 6:30 PM. The meeting will focus
on the critical topic of lead in the environment.
Robert Zepeda addressed the council, expressing concerns about the
decline of the United States.
Cristian Moadragon emphasized the importance of building a stronger
community and urged everyone to collaborate for that purpose.
Wes White advocated for the rights and well-being of the LGBT+
community.
Todd Langton advocated for the unhoused population and appealed to
the Council to display greater compassion toward them.
Robert Aguirre also advocated for the unhoused individuals and voiced
his concerns to the Council.
There being no further speakers, Mayor Blankley closed Public Comment.
4. REPORTS OF COUNCIL MEMBERS
Council Member Bracco had no report.
Council Member Armendariz had no report.
Council Member Marques reported on Downtown Committee and Santa Clara Valley
Habitat Agency Governing Board.
Council Member Cline reported on the Garlic City Car Show.
Council Member Tovar reported on SCRWA, the Garlic City Car Show, Juneteenth
acknowledgment, visiting Gallery 1202 for the "Flamin' Hot" art show by Ruben Dario Villa,
and attending John Ballard's retirement.
Mayor Blankley reported VTA Board of Directors, CalTrain Policy Group, and SCRWA.
5. COUNCIL CORRESPONDENCE
There were none.
6. FUTURE COUNCIL INITIATED AGENDA ITEMS
There were none.
7 BOARD AND COMMISSION INTERVIEWS
7.1. Interviews for Open Seats on Boards, Commissions, and Committees with
Terms Expired or Vacant as of June 19, 2023, for Future Appointment
Scheduled for July 10, 2023
City Clerk Pham provided a brief report to Council.
Council accepted the two applications for open seats and proceeded to interview
applicants.
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8. CITY COUNCIL TRAINING
City Attorney Faber provided the training to Council and responded to Council Member
questions.
9. CONSENT CALENDAR
Mayor Blankley asked Council if there is any item they wish to pull from the Consent
Calendar. Council Armendariz requested that Item No. 9.9 be pulled from the Consent
Calendar.
Mayor Blankley opened Public Comment. There being no speakers, Mayor Blankley opened
Public Comment.
Motion: Approve the Consent Calendar except for Item No. 9.9.
RESULT: Pass
MOVER: Fred Tovar, Council Member
SECONDER: Dion Bracco, Mayor Pro Tempore
AYES: Council Member Armendariz, Mayor Pro Tempore Bracco, Council
Member Cline, Council Member Marques, Council Member Tovar, Mayor
Blankley
9.1. Approval of the Action Minutes of the June 5, 2023 City Council Regular
Meeting
A motion was made to approve the minutes.
9.2. Accept the Appointment of a Representative to the Sourcewise Advisory
Council with a Term Ending June 30, 2026.
A motion was made to accept the Parks and Recreation Commission’s
recommendation of Dyanne Hofstad to serve on the Sourcewise Advisory
Council with a term ending June 30, 2026.
9.3. Approve a Second Amendment to the Agreement with SDI Presence for
Information Technology (IT) Consulting and Project Support Services for
an additional $120,000, for a total not-to-exceed amount of $309,000
A motion was made to approve the second amendment to the agreement with
SDI Presence.
9.4. Adoption of a Resolution of the City Council of the City of Gilroy Approving
a Fiscal Year 2022-2023 Budget Amendment for $18,404 for an Edward
Byrne Memorial Justice Assistance Grant
A motion was made to adopt the resolution.
Enactment No.: Resolution No. 2023-43
9.5. Approval of a Fifth Amendment to the Agreement with Lynx Technologies
for Geographic Information System (GIS) Support and Maintenance for an
additional $96,775, for a total not-to-exceed amount of $448,590
A motion was made to approve the fifth amendment with Lynx Technologies.
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9.6. Approve First Amendment to Agreement with The Pun Group LLP for a
Two-Year Extension to Provide Annual Financial Audit and Reporting
Services with a Revised Not-to-Exceed Amount of $388,364
A motion was made to approve the first amendment to the agreement with The
Pun Group LLP.
9.7. Approval of a Notice of Acceptance of Completion for the FY23 Annual
Citywide Curb Ramp Project No. 23-PW-280 and Approval of a Final
Contract with J.J.R. Construction in the Amount of $159,065
A motion was made to approve the Notice of Acceptance.
9.8. Adoption of an Ordinance Amending Gilroy Crossings Phase II
Commercial/Industrial Planned Unit Development Zone District for
Property Located at 6970 Camino Arroyo
A motion was made to adopt the Ordinance.
Enactment No.: Ordinance No. 2023-06
9.9. Adoption of an Ordinance of the City Council of the City of Gilroy Adding
Chapter 5 to the Gilroy City Code Relating to Banning the Use of Certain
Public Rights-of-Way as Sleeping or Living Accommodations
Council Member Armendariz pulled the item out of the Consent Calendar.
Mayor Blankley opened Public Comment.
The following members spoke in opposition to the proposed ordinance:
Robert Aguirre
Tristia Bauman
Todd Langton
Wes White
Ron Kirkish spoke in favor of the proposed ordinance.
Cristian Moadragon spoke on the need for unity to find the solution to
address the issue of homelessness.
There being no further speakers, Mayor Blankley closed Public Comment.
Motion: Adopt the Ordinance of the City Council of the City of Gilroy
Adding Chapter 5 to the Gilroy City Code Relating to Banning the Use of
Certain Public Rights-of-Way as Sleeping or Living Accommodations
RESULT: Pass
MOVER: Dion Bracco, Mayor Pro Tempore
SECONDER: Fred Tovar, Council Member
AYES: Mayor Pro Tempore Bracco, Council Member Cline, Council
Member Marques, Council Member Tovar, Mayor Blankley
NAYS: Council Member Armendariz
Enactment No.: Ordinance No. 2023-07
10. BIDS AND PROPOSALS
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10.1. Approve the Purchase of Three Public Works Vehicles (One 2024 Ford
F650 with Rugby Dump Bed; One 2024 Ford F650 Utility Truck with
Hydraulic Telescopic Crane and Vanair Hydraulic Drive Air Compressor;
and One 2024 Ford F750 Water Tank Truck with 1500 Gallon Water Tank
and Honda WB20XT External Gas Engine) in the Combined Amount of
$518,125
Assistant City Administrator LeeAnn McPhillips provided staff presentation and
responded to Council Member questions.
Mayor Blankley opened Public Comment. There being no speakers, Mayor
Blankley closed Public Comment.
Motion: Waive the requirement for a single bid submittal from Transwest
Truck Center, LLC for Project No. 23-PW-283 and award the Purchase of
Three Public Works Vehicles:
• One 2024 Ford F650 with Rugby Dump Bed from Transwest Truck
Center, LLC in the amount of $110,625 (Project No. 23-PW-282)
• One 2024 Ford F650 Utility Truck with Hydraulic Telescopic Crane
and Vanair Hydraulic Drive Air Compressor from Transwest Truck
Center, LLC in the amount of $276,500 (Project No. 23-PW-283)
• One 2024 Ford F750 Water Tank Truck with 1500 Gallon Water Tank
and Honda WB20XT External Gas Engine from Transwest Truck
Center, LLC in the amount of $131,000 (Project No. 23-PW-284);
Approve up to $15,000 as a contingency should there be any year/model
or commodity surcharges or modifications placed on these vehicles
and authorize the City Administrator to execute the purchase contracts
and associated documents.
RESULT: Pass
MOVER: Fred Tovar, Council Member
SECONDER: Tom Cline, Council Member
AYES: Council Member Armendariz, Mayor Pro Tempore Bracco,
Council Member Cline, Council Member Marques, Council
Member Tovar, Mayor Blankley
10.2. Authorize the City to Enter into a Ten-year Master Services and Purchasing
Agreement with Axon Enterprises, Inc., to Purchase the Police Officer
Safety and Fleet Bundle to Include Body-Worn Cameras, Conducted
Energy Weapons (Tasers), In-Car Camera System, and Digital Evidence
Storage for $3,791,290
Police Captain Rocha provided staff presentation and responded to Council
Member questions.
Mayor Blankley opened Public Comment. There being no speaker, Mayor
Blankley closed Public Comment.
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Motion: Authorize the City of Gilroy to enter a ten-year Master Services
and Purchasing Agreement with Axon Enterprises Inc. for $3,791,290 to
upgrade and replace the Police Department's body-worn cameras,
conducted-energy weapons (Tasers), in-car cameras, and digital evidence
storage capabilities and authorize the City Administrator to execute the
Master Services and Purchasing Agreement and related purchasing
documents.
RESULT: Pass
MOVER: Fred Tovar, Council Member
SECONDER: Dion Bracco, Mayor Pro Tempore
AYES: Council Member Armendariz, Mayor Pro Tempore Bracco,
Council Member Cline, Council Member Marques, Council
Member Tovar, Mayor Blankley
11. PUBLIC HEARINGS
There were none.
12. UNFINISHED BUSINESS
There were none.
13. INTRODUCTION OF NEW BUSINESS
13.1. South County Youth Task Force Report
Police Chief Espinoza introduced South County Youth Task Force Coordinator
Cruz, who provided staff presentation for 13.1, 13.2, 13.3, and 13.4, collectively
and responded to Council Member questions.
Mayor Blankley opened Public Comment for items 13.1, 13.2, 13.3, and 13.4.
There being no speakers, Mayor Blankley closed Public Comment.
Council received the report for Item 12.1.
13.2. Ratification of the First and Second Amendment, and Approval of a Third
Amendment, to the Agreement with Community Solutions in an Amount
Not to Exceed $401,800 for Support with South County Youth Task Force
Strategies
Motion: Ratify the First and Second Amendments to the AGreement with
Community Solutions.
RESULT: Pass
MOVER: Fred Tovar, Council Member
SECONDER: Carol Marques, Council Member
AYES: Council Member Armendariz, Mayor Pro Tempore Bracco,
Council Member Cline, Council Member Marques, Council
Member Tovar, Mayor Blankley
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Motion: Approve a Third Amendment to the agreement with Community
Solutions for a total not-to-exceed amount of $401,800 to continue to
provide programs and services for disadvantaged at-risk youth in South
County utilizing South County Youth Task Force’s grant funds and
contributions and authorize the City Administrator to execute the
Amendment.
RESULT: Pass
MOVER: Carol Marques, Council Member
SECONDER: Tom Cline, Council Member
AYES: Council Member Armendariz, Mayor Pro Tempore Bracco,
Council Member Cline, Council Member Marques, Council
Member Tovar, Mayor Blankley
13.3. Adoption of a Resolution Approving a Budget Amendment in Fiscal Year
2023-24 Adding an Additional $331,406 from the County of Santa Clara,
District Attorney Office to the South County Youth Task Force Fund 227
Motion: Adopt a resolution of the City Council of the City of Gilroy
approving a budget amendment in Fiscal Year 2023-24 adding an
additional $331,406 in expenditures and offsetting revenue from the
County of Santa Clara District Attorney’s Office to the South County
Youth Task Force Fund 227.
RESULT: Pass
MOVER: Rebeca Armendariz, Council Member
SECONDER: Fred Tovar, Council Member
AYES: Council Member Armendariz, Mayor Pro Tempore Bracco,
Council Member Cline, Council Member Marques, Council
Member Tovar, Mayor Blankley
Enactment No.: Resolution No. 2023-44
13.4. Amendment to a Service Agreement with the County of Santa Clara
Probation Department for the South County Youth Task Force Violence
Prevention Services for FY 2024-2027
Motion: Approve an amendment to the Service Agreement with the County
of Santa Clara Probation Department for South County Youth Task Force
Violence Prevention Programs and authorize the City Administrator to
execute the Amendment to the Service Agreement and related documents.
RESULT: Pass
MOVER: Tom Cline, Council Member
SECONDER: Carol Marques, Council Member
AYES: Council Member Armendariz, Mayor Pro Tempore Bracco,
Council Member Cline, Council Member Marques, Council
Member Tovar, Mayor Blankley
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14.CITY ADMINISTRATOR'S REPORTS
There was no report.
15.CITY ATTORNEY'S REPORTS
There was no report.
16.ADJOURNMENT IN CELEBRATION OF JUNETEENTH
Mayor Blankley adjourned the meeting in celebration of Juneteenth at 8:41 PM.
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 DRAFT7.1
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City of Gilroy
STAFF REPORT
Agenda Item Title:Approve Amendments to Gilroy Youth Commission
Bylaws
Meeting Date:July 10, 2023
From:Jimmy Forbis, City Administrator
Department:Recreation
Submitted By:LeeAnn McPhillips, Administrative Services & Human
Resources Director/Risk Manager
Prepared By:Adam Henig, Recreation Manager
STRATEGIC PLAN GOALS Not Applicable
RECOMMENDATION
Approve the recently amended Youth Commission Bylaws.
EXECUTIVE SUMMARY
The Youth Commission Bylaws were originally adopted in 2010. Recently, the
Commission approved amending bylaw language to be consistent with current
practices.
BACKGROUND
The Youth Commission Bylaws are intended to provide additional guidance and
structure for the Commission, specifically on how to conduct the business of the
Commission, responsibilities for the performance and conduct of commissioners, and
generally how the Commission is to function as a team.
During the February 13, 2023 meeting, staff recommended that the Youth Commission
update its bylaws. At the March 13, 2023 and July 5, 2023 meetings, the Commission
discussed and approved updates to the bylaws as noted in the Analysis Section below.
Bylaw amendments are to be approved by the City Council before they are
implemented.
7.2
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Motion to Approve Amendments to Gilroy Youth Commission Bylaws
City of Gilroy City Council Page 2 of 3 July 10, 2023
ANALYSIS
The proposed bylaw changes are attached, but the following provides an explanation:
•Section 2. Memberships
o (#2a) The Parks and Recreation Commission is not involved in the
selection process for Youth Commissioners. Selections are made by the
City Council. This language will be removed.
•Section 3. Officers
o (#1) The Commission agreed to elect a Treasurer but will not have a
recording secretary, which will be removed.
•Section 4. Meetings
o (#1) The Commission has been meeting once per month during the school
year and will continue the current practice adding additional special
meetings when needed.
o (#6) There is no Parks and Recreation Commissioner serving as a liaison.
This will be removed.
o (#7) There is no outgoing chairperson position and mention of it will be
removed.
•Section 6. Committee
o (#3) The Commission does not appoint other commissioners to serve as
liaisons to other policy bodies and groups of the City. This does not apply
to the Youth Commission and has been removed.
•Section 7. Attendance
o (#2) The attendance policy in the bylaws has been superseded by "City
Council Resolution No. 2022-58, Attendance Policy for City Boards,
Commissions and Committees.” The Commission agreed to adopt the
attendance policy to reflect the 2022 City Council resolution.
•Section 8. Amendments
o (#4) Council will be notified of any amendment to the bylaws that is
approved by the Commission; however, Council does not need to formally
approve the bylaw change for it to take effect.
ALTERNATIVES
The Council may revise the proposed changes.
FISCAL IMPACT/FUNDING SOURCE
There is no fiscal impact.
NEXT STEPS
If Council approves the amended bylaws, the bylaws will immediately take effect.
7.2
7.2
Page 16 of 89
Motion to Approve Amendments to Gilroy Youth Commission Bylaws
City of Gilroy City Council Page 3 of 3 July 10, 2023
Attachments:
1. Attachment - Youth Commission Bylaws Proposed Changes
7.2
7.2
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1
Approved by Gilroy Youth Commission March 13, 2023 and July 5, 2023
8
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City of Gilroy Youth Commission
BYLAWS
PROPOSED CHANGES in RED
SECTION 1. Powers and Duties. The Youth Commission (Commission) shall be
advisory to the City Council (Council) and shall have the following powers and duties:
1. Provide Council advice from the youth of the Gilroy community.
2. Study problems, activities and concerns of the youth; hold forums on these problems, and
recommend community programs to the Council which the Commission finds necessary and/or
desirable.
3. Involve the youth of Gilroy in their community, and provide information about issues in
their city government which pertain to them.
4. Work with other City commissions and City Council in providing input on youth issues
in our community.
5. Annually determine the Commission’s goals and objectives and report these to the
Council.
SECTION 2. Membership.
1. Any person who lives in the Gilroy Unified School District and who will be between 13 –
19 years of age during the year following his or her appointment will be eligible for membership
on the Commission.
2. There will be eleven (11) members of the Commission. They shall be appointed by the
City Council of the City of Gilroy.
2a. Selection of the Commission’s founding members will be made by the City
Council upon recommendations made by the Parks & Recreation Commission.
The Parks and Recreation Commission shall review the list of applicants for Commission
positions, conduct interviews, and nominate a slate of candidates for appointment. The founding
7.2
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Approved by Gilroy Youth Commission March 13, 2023 and July 5, 2023
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nominating committee shall also provide a list of alternates in the case of a vacancy on the
Commission.
3. Terms of appointments to the Commission shall commence in September of each year
and shall be for a term of two years. A commissioner will not serve more than three terms.
4. Vacancies on the Commission during the year shall be filled by City Council.
5. In appointing members of the Youth Commission, every effort will be made to
consciously consider ethnicity, gender, school grade, and geographical residence in an attempt to
more fully represent all segments of Gilroy’s youth population.
SECTION 3. Officers.
1. Annually, the Commission shall elect from its membership a Chairperson, Vice
Chairperson, Recording Secretary and Treasurer.
The Chairperson shall preside at all meetings of the Commission, and shall supervise the
efficient and responsible operation of the Commission.
The Vice Chairperson shall preside at Commission meetings in the absence of the Chairperson,
shall assume specific leadership responsibilities as determined by the Chairperson, and shall
assist the Chairperson in fulfilling his or her responsibilities as needed.
The Recording Secretary shall record all minutes of Commission meetings to present to the full
Commission for approval at the following regular meeting.
The Treasurer shall be responsible for maintaining the Youth Commission budget and reporting
on said budget balance at each regularly scheduled meeting.
SECTION 4. Meetings.
1. The Commission shall meet not less than once each month during the school year.
2. Each Commission meeting shall be open to the public and is subject to the Brown Act,
California Government Code Section 54950 et. seq. The Commission shall keep written minutes
of all meetings.
3. Special meetings may be called by the Commission provided at least three days’ notice is
given to all members and to the media, all in accordance with the Brown Act and City Charter
Section 904.
7.2
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4. The Commission shall publish an annual calendar, subject to change, indicating the
regularly scheduled meetings for the entire year.
5. The first meeting of each year shall be an orientation meeting that shall include outgoing
members of the Commission, and a review of the bylaws. The second meeting shall be an
extended meeting in which issues and concerns are identified, and planning for the year begins.
6. A Parks & Recreation Commissioner will serve as a liaison with no voting powers.
7. The outgoing chairperson may serve as an advisor to the Commission for one year with
no voting powers.
SECTION 5. Quorum.
1. A quorum is necessary at a Commission meeting for any action to be taken. A majority
of the Commission shall constitute a quorum.
2. In the event that there is no quorum, any discussions which are held by those assembled
shall be regarded as informal. No action may be taken.
SECTION 6. Committees.
1. Committees shall be formed, as needed, in relation to the responsibilities of the
Commission. As needs dictate, these may be standing committees that function throughout the
year, or task-oriented committees that function only until the task is completed.
2. Youth who satisfy the membership requirements for membership on the Commission but
who are not on the Commission may be appointed to any task-oriented committee by the
approval of the Commission.
3. The Commission may appoint representatives of the Youth Commission to serve as
liaisons to other policy bodies and groups of the City. Commission representatives shall report
out to the full Commission of the actions at said meetings.
7.2
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Approved by Gilroy Youth Commission March 13, 2023 and July 5, 2023
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SECTION 7. Attendance.
1. Commission members are expected to attend all meetings of the Commission.
2.Per City Council Resolution No. 2022-58, Attendance Policy for City Boards,
Commissions and Committees, a commissioner who is absent in a calendar year for more than
33% of the total Regular Meetings scheduled to be held in that calendar year will be subject to
potential termination of membership from the Body, upon action of the City Council.
Whenever a member of the Commission has missed a combination of three regular Commission
meetings, special meetings, work meetings, or Commission sanctioned events without
permission of the Commission as expressed in its official minutes, his or her office shall become
vacant. Attendance records shall be kept and members shall be informed by letter when he or
she has reached two absences from regular meetings, special meetings, work meetings, or
Commission sanctioned events.
Absences will be deemed as excused and recorded in the Commission’s minutes only if the
Commission advisor or Chairperson is notified forty-eight (48) hours in advance of the meeting.
SECTION 8. Amendments.
1. Amendments to these bylaws may be initiated at any Commission meeting, to be voted
upon not sooner than the next regularly scheduled meeting.
2. Recommendation of any amendment shall require a two-thirds (2/3) vote of Commission
members.
3. These amendments must be submitted to the City Council.
4.Upon approval by the City Council, amendments shall take effect immediately, unless
otherwise stipulated in the amendment or by the City Council.
7.2
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Page 1 of 1
City of Gilroy
STAFF REPORT
Agenda Item Title:Claim of Maria Salinas (The City Administrator
recommends a "yes" vote under the Consent
Calendar shall constitute denial of the claim)
Meeting Date:July 10, 2023
From:Jimmy Forbis, City Administrator
Department:Administrative Services
Submitted By:LeeAnn McPhillips, Administrative Services and Human
Resources Director / Risk Manager
Prepared By:LeeAnn McPhillips, Administrative Services and Human
Resources Director / Risk Manager
STRATEGIC PLAN GOALS Not Applicable
RECOMMENDATION
Based on the recommendation from Municipal Pooling Authority (MPA) and/or legal
counsel, this claim is recommended for rejection.
EXECUTIVE SUMMARY
Based on the recommendation from Municipal Pooling Authority (MPA) and/or legal
counsel, the following claim is submitted to the City Council for rejection at the July 10,
2023 meeting:
• Claim of Maria Salinas
Attachments:
1. Claim of Maria Salinas
7.3
7.3
Page 22 of 89
7.3
7.3
Page 23 of 89
7.3
7.3
Page 24 of 89
Page 1 of 1
City of Gilroy
STAFF REPORT
Agenda Item Title:Claim of David Humberto Garcia Mejia (The City
Administrator recommends a "yes" vote under the
Consent Calendar shall constitute denial of the claim)
Meeting Date:July 10, 2023
From:Jimmy Forbis, City Administrator
Department:Administrative Services
Submitted By:LeeAnn McPhillips, Administrative Services and Human
Resources Director / Risk Manager
Prepared By:LeeAnn McPhillips, Administrative Services and Human
Resources Director / Risk Manager
STRATEGIC PLAN GOALS Not Applicable
RECOMMENDATION
Based on the recommendation from Municipal Pooling Authority (MPA) and/or legal
counsel, this claim is recommended for rejection.
EXECUTIVE SUMMARY
Based on the recommendation from Municipal Pooling Authority (MPA) and/or legal
counsel, the following claim is submitted to the City Council for rejection at the July 10,
2023 meeting:
• Claim of David Humberto Garcia Mejia
Attachments:
1. Claim of David Mejia
7.4
7.4
Page 25 of 89
7.4
7.4
Page 26 of 89
7.4
7.4
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Page 1 of 1
City of Gilroy
STAFF REPORT
Agenda Item Title:Claim of Eliseo Ramirez Pacheco (The City
Administrator recommends a "yes" vote under the
Consent Calendar shall constitute denial of the claim)
Meeting Date:July 10, 2023
From:Jimmy Forbis, City Administrator
Department:Administrative Services
Submitted By:LeeAnn McPhillips, Administrative Services and Human
Resources Director / Risk Manager
Prepared By:LeeAnn McPhillips, Administrative Services and Human
Resources Director / Risk Manager
STRATEGIC PLAN GOALS Not Applicable
RECOMMENDATION
Based on the recommendation from Municipal Pooling Authority (MPA) and/or legal
counsel, this claim is recommended for rejection.
EXECUTIVE SUMMARY
Based on the recommendation from Municipal Pooling Authority (MPA) and/or legal
counsel, the following claim is submitted to the City Council for rejection at the July 10,
2023 meeting:
• Claim of Eliseo Ramirez Pacheco
Attachments:
1. Claim of Eliseo Ramirez Pacheco
7.5
7.5
Page 28 of 89
7.5
7.5
Page 29 of 89
7.5
7.5
Page 30 of 89
Page 1 of 1
City of Gilroy
STAFF REPORT
Agenda Item Title:Claim of Ameera Kleder Barnes (The City
Administrator recommends a "yes" vote under the
Consent Calendar shall constitute denial of the claim)
Meeting Date:July 10, 2023
From:Jimmy Forbis, City Administrator
Department:Administrative Services
Submitted By:LeeAnn McPhillips, Administrative Services and Human
Resources Director / Risk Manager
Prepared By:LeeAnn McPhillips, Administrative Services and Human
Resources Director / Risk Manager
STRATEGIC PLAN GOALS Not Applicable
RECOMMENDATION
Based on the recommendation from Municipal Pooling Authority (MPA) and/or legal
counsel, this claim is recommended for rejection.
EXECUTIVE SUMMARY
Based on the recommendation from Municipal Pooling Authority (MPA) and/or legal
counsel, the following claim is submitted to the City Council for rejection at the July 10,
2023 meeting:
• Claim of Ameera Kleder Barnes
Attachments:
1. Claim of Ameera Kleder Barnes
7.6
7.6
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7.6
7.6
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7.6
7.6
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Page 1 of 1
City of Gilroy
STAFF REPORT
Agenda Item Title:Claim of Rosaura Aguilar (The City Administrator
recommends a "yes" vote under the Consent
Calendar shall constitute denial of the claim)
Meeting Date:July 10, 2023
From:Jimmy Forbis, City Administrator
Department:Administrative Services
Submitted By:LeeAnn McPhillips, Administrative Services and Human
Resources Director / Risk Manager
Prepared By:LeeAnn McPhillips, Administrative Services and Human
Resources Director / Risk Manager
STRATEGIC PLAN GOALS Not Applicable
RECOMMENDATION
Based on the recommendation from Municipal Pooling Authority (MPA) and/or legal
counsel, this claim is recommended for rejection.
EXECUTIVE SUMMARY
Based on the recommendation from Municipal Pooling Authority (MPA) and/or legal
counsel, the following claim is submitted to the City Council for rejection at the July 10,
2023 meeting:
• Claim of Rosaura Aguilar
Attachments:
1. Claim of Rosaura Aguilar
7.7
7.7
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7.7
7.7
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7.7
7.7
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Page 1 of 1
City of Gilroy
STAFF REPORT
Agenda Item Title:Claim of Karen Clinton (The City Administrator
recommends a "yes" vote under the Consent
Calendar shall constitute denial of the claim)
Meeting Date:July 10, 2023
From:Jimmy Forbis, City Administrator
Department:Administrative Services
Submitted By:LeeAnn McPhillips, Administrative Services and Human
Resources Director / Risk Manager
Prepared By:LeeAnn McPhillips, Administrative Services and Human
Resources Director / Risk Manager
STRATEGIC PLAN GOALS Not Applicable
RECOMMENDATION
Based on the recommendation from Municipal Pooling Authority (MPA) and/or legal
counsel, this claim is recommended for rejection.
EXECUTIVE SUMMARY
Based on the recommendation from Municipal Pooling Authority (MPA) and/or legal
counsel, the following claim is submitted to the City Council for rejection at the July 10,
2023 meeting:
• Claim of Karen Clinton
Attachments:
1. Claim of Karen Clinton
7.8
7.8
Page 37 of 89
7.8
7.8
Page 38 of 89
7.8
7.8
Page 39 of 89
Page 1 of 1
City of Gilroy
STAFF REPORT
Agenda Item Title:Claim of Sandra Lopez (The City Administrator
recommends a "yes" vote under the Consent
Calendar shall constitute denial of the claim)
Meeting Date:July 10, 2023
From:Jimmy Forbis, City Administrator
Department:Administrative Services
Submitted By:LeeAnn McPhillips, Administrative Services and Human
Resources Director / Risk Manager
Prepared By:LeeAnn McPhillips, Administrative Services and Human
Resources Director / Risk Manager
STRATEGIC PLAN GOALS Not Applicable
RECOMMENDATION
Based on the recommendation from Municipal Pooling Authority (MPA) and/or legal
counsel, this claim is recommended for rejection.
EXECUTIVE SUMMARY
Based on the recommendation from Municipal Pooling Authority (MPA) and/or legal
counsel, the following claim is submitted to the City Council for rejection at the July 10,
2023 meeting:
• Claim of Sandra Lopez
Attachments:
1. Claim of Sandra Lopez
7.9
7.9
Page 40 of 89
7.9
7.9
Page 41 of 89
7.9
7.9
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Page 1 of 6
City of Gilroy
STAFF REPORT
Agenda Item Title:Introduction and First Reading of an Ordinance
Adding Chapter 16B, Sidewalk Vending, to the Gilroy
City Code
Meeting Date:July 10, 2023
From:Jimmy Forbis, City Administrator
Department:Community Development
Submitted By:Sharon Goei, Community Development Director
Prepared By:Jon Biggs, Special Assistant to City Administration
STRATEGIC PLAN GOALS Promote Economic Development Activities
RECOMMENDATION
1. Motion to read the ordinance by title only and waive further reading of the
ordinance; and
2. Introduce an ordinance adding Chapter 16B, Sidewalk Vending, to the Gilroy City
Code, which provides permit requirements and standards for sidewalk vending.
EXECUTIVE SUMMARY
Legislation adopted at the State level (State Senate Bill 946 or SB 946) now allows
vendors to sell food and merchandise on pedestrian paths, public sidewalks, and, in
certain instances, public parks. Although the Gilroy City Code includes requirements for
mobile vending (Chapter 16A of the Gilroy City Code), those requirements are not in
line with current State legislation for sidewalk vendors, and the proposed ordinance
provides permit requirements and standards for those seeking to sell goods or foods on
City-owned paths, sidewalks, and parks.
POLICY DISCUSSION
State legislation has decriminalized sidewalk vending and the sale of food and goods on
public sidewalks, pathways, and parks; assuming required permits and licenses (e.g.,
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County Health Permit or City Business License) are in possession of the vendor.
Although SB 946 places limits on the City’s ability to regulate sidewalk vendors, this
legislation still provides the City with the authority to adopt requirements regulating the
time, place, and manner of sidewalk vending so long as the requirements are directly
related to objective health, safety, or welfare concerns. In response to City Council
direction at its meeting of April 17, 2023, staff has drafted the attached ordinance
regulating sidewalk vending in the City. The proposed regulations are intended to
protect the public’s health, safety, and welfare and have been developed based on input
from the community, the City Council, and sidewalk vending regulations from other
cities. The proposed regulations are intended to address anticipated issues; however,
amendments to this code may be needed in the future to address unanticipated issues
or changes in State law.
BACKGROUND
The Safe Sidewalk Vending Act, which was signed by the Governor in 2018 and
became effective on January 1, 2019, is a law that decriminalized and legalized
sidewalk vending.
This law defines a “sidewalk vendor” as a person who sells food or merchandise from a
pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-
motorized conveyance on a sidewalk or pedestrian path. SB 946 defines a sidewalk
vendor as either a “roaming sidewalk vendor,” which is someone who moves around, or
a “stationary vendor,” which is a vendor at a fixed location.
Although SB 946 places limits on the City’s ability to regulate sidewalk vendors, this
legislation still provides the City with the authority to adopt requirements regulating the
time, place, and manner of sidewalk vending so long as the requirements are directly
related to objective health, safety, or welfare concerns. Note that SB 946 explicitly
states, “... perceived community animus or economic competition does not constitute an
objective health, safety, or welfare concern.”
Following are some key elements of SB 946 that outline what a city can and cannot do
to regulate “sidewalk vendors”:
What a city CAN do:
▪Limit hours of operation;
▪Prohibit stationary sidewalk vendors in residential districts (mobile vendors are
allowed to operate in residential zone districts);
▪Prohibit sidewalk vending near farmers’ markets, swap meets, and permitted
special events;
▪Require that sanitary standards be met;
▪Require compliance with the Americans with Disabilities Act;
▪Require a permit or license;
▪Request information about the business operations.
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What a city CANNOT do:
▪Require vendors to operate in a specific area (unless it is necessary to protect
the public’s health, safety, and welfare);
▪Require a vendor to obtain permission to operate from a business, entity, or
person other than a government entity;
▪Prohibit sidewalk vendors from operation in public parks unless there is a
concession agreement for the operation of the park or in order to protect the
public’s health, safety, and welfare;
▪Restrict the number of sidewalk vendors unless necessary to protect the public’s
health, safety, and welfare.
At its meeting on April 17, 2023, staff provided the City Council with an overview of this
new state legislation and requested direction on whether it should draft a set of
regulations specific to sidewalk vending. Following the staff presentation, questions, and
public comment, the City Council directed staff to develop an ordinance that regulates
sidewalk vending.
The City Council also expressed a desire to engage the community in order to provide a
better understanding of the recent State legislation that allows for sidewalk vending and
to gather input to be used to help formulate permitting and standards for sidewalk
vendors.
Staff held a community workshop on the evening of June 8, 2023, which was well
attended (approximately 57 adults were in attendance) by various segments of the
community who sought clarifications and asked questions in addition to providing input
on the process and standards by which sidewalk vending would be permitted. Some of
the comments received included the need for and support of a sidewalk vending
permitting program, as these rules and regulations are necessary. Many acknowledged
that they support sidewalk vending if it is regulated and not negatively impacting other
businesses or the community. They also stated they want simple, fair, and easy-to-
understand regulations in multiple languages. Other sidewalk vendors mentioned they
wish to comply with the rules or regulations to vend legally, and they attended the
community meeting to better understand the next steps. A suggestion made by one of
the attendees was regarding if there was an ability for the sidewalk vending program to
have two different application fees - one for applicants residing in the City of Gilroy and
another for non-residents, as a way to support and enhance opportunities for local
vendors. The attendees’ input has made its way into the draft regulations the City
Council is considering.
ANALYSIS
Attached for City Council consideration is a draft ordinance that adds a new chapter,
16B, Sidewalk Vending, to the Gilroy City Code. These regulations provide permit
requirements and a set of standards for sidewalk vending along with other elements that
provide for enforcement of these rules. Among its various elements, the draft ordinance
includes the following components:
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▪Definitions
▪Sidewalk vending standards
▪Restricted vending times and locations
▪Permit applicability
▪Sidewalk vending permit application and fees
▪Sidewalk vending permit approval, conditions, denial, or revocation
▪Sidewalk vending permit expiration and renewal
▪Administrative citations
▪Impoundment
The draft ordinance provides for permit requirements and a set of standards intended to
address health, safety, or welfare concerns.
Key among the elements of the proposed ordinance is the requirement that vendors in
the city obtain a sidewalk vending permit prior to selling food or goods. The permit
process requires that other licenses or permits, such as a County Health Permit and
City Business License, be obtained before the City’s Sidewalk Vending Permit can be
issued. Also required will be evidence that a State Seller’s Permit has been obtained so
that appropriate sales tax is collected and accounted for. One other standard for
vendors requires that all permits be displayed so that it will be easy to identify those
vendors that have obtained all the necessary permits and approvals and those that
have not. This will assist in enforcement efforts.
In addition to obtaining the required permits, applicants will need to indemnify the City
and provide proof of General Business Liability insurance in amounts satisfactory to the
City’s Risk Manager.
The regulations also provide a comprehensive list of standards that sidewalk vendors
must abide by while conducting their vending operations. The standards include among
others, requirements for the location of a stationary vendor, signage, separation
distance to storm drains, clean-up of grease or oil splatter, and a prohibition on
attaching or storing vending components on public fixtures such as street signs or
benches to name some examples.
The State legislation also provides for fines (by way of an Administrative Citation), but
no criminal charges, that can be assessed against anyone found not in compliance with
the permit requirements and standards. These have been included in the draft
ordinance. State legislation places limits on the fines that can be charged. For those
having a valid sidewalk vending permit, a violation of the City’s vending program is only
punishable by the following fines: $100 for the first violation, $200 for the second
violation, and $500 for any additional violation within one year of the first violation. For
those without a valid sidewalk vending permit, the fines are $250 for the first violation,
$500 for the second violation, and $1,000 for any additional violation within one year of
the first violation. The proposed ordinance also allows for the impoundment of vending
materials in certain instances, such as if the materials are abandoned, create a safety
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issue, or when a vendor fails to comply with enforcement direction, which can help
further compliance with the sidewalk vending program.
SB 946 requires the local authority to inform the person who is issued a fine of his or
her right to request an “ability-to-pay determination” and to provide instructions for
requesting such a determination. If the person establishes that he or she is unable to
pay because of the person’s financial condition, the person will only be required to pay
20 percent of the administrative fine. The draft ordinance being considered by the City
Council includes provisions for this.
The proposed ordinance also provides that the City Council, by resolution, can set the
application fee for processing sidewalk vending permits. Staff will return to Council with
a recommended fee and a resolution adopting the fee.
As permitted under State law, the proposed ordinance also restricts the time and
locations where stationary sidewalk vending can be conducted. These restrictions
include any City-owned park where the City has entered into an agreement for
concessions that exclusively permits the sale of food or merchandise by the
concessionaire and areas that are zoned exclusively residential
The ordinance provides that roaming and stationary sidewalk vending shall not be
permitted on a bike path, a street (including within on-street parking spaces), within a
driveway, or in a public parking lot.
The ordinance also allows the City Council, by resolution, to designate no vending or
limited vending zones due to objective health, safety, or welfare concerns.
One other item of note, sidewalk vendors will need to comply with Article VI., the
Mandatory Organic Waste Disposal Reduction, of the Gilroy City Code. These
requirements are not included in the draft ordinance as this is a stand-alone set of
regulations that vendors will need to comply with. Information on these requirements will
be provided to sidewalk vendors during the permitting process.
The draft ordinance being considered by the City Council, if introduced, is the next step
towards permitting and regulating sidewalk vending in a manner that helps protect the
health, safety, and welfare of the community, while complying with State law.
ALTERNATIVES
Following are some alternatives the City Council might consider:
▪Decline the introduction of the ordinance. This alternative is not recommended as
regulations (e.g., permits and standards) help to minimize potential impacts from
sidewalk vendors and provide a legal framework for vendors to obtain compliance.
▪Identify amendments or modifications to the proposed ordinance and direct staff to
return with a revised ordinance.
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FISCAL IMPACT/FUNDING SOURCE
The introduction and adoption of the ordinance will have a minimal fiscal impact.
However, there will be staff time consumption across multiple departments in
implementing the ordinance. For example, staff will need to create educational
materials; conduct outreach; develop documents, forms, and procedures, including
configuration in the new permit system; perform permit review and processing; enforce
standards and regulations; and coordinate with outside agencies. Additional resources
will be needed to implement the ordinance. Staff will consider the staff time and cost
and return with a resolution for the City Council to consider the appropriate application
fee.
NEXT STEPS
If the proposed ordinance is introduced, it will be placed on the consent calendar of the
next City Council meeting for adoption. The ordinance will become effective 30 days
following adoption.
Attachments:
1. Proposed Ordinance
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ORDINANCE 2023-XX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GILROY ADDING CHAPTER 16B, SIDEWALK VENDING,
TO THE GILROY CITY CODE
WHEREAS, in 2019, California Senate Bill (“SB”) 946 (Sidewalk Vendors) became
law, decriminalizing commercial sidewalk vending and limiting local government’s ability
to restrict sidewalk vending; and
WHEREAS, since SB 946 became law, it has become clear that, in order to
promote public health, safety, and welfare, the City requires a comprehensive City-wide
dedicated sidewalk vending permitting and regulatory scheme that both complies with
state law and is effective at regulating sidewalk vending in public spaces; and
WHEREAS, at its meeting of April 17, 2023, staff presented the City Council with
an overview of sidewalk vending legislation adopted by the State of California, and
following public comment and input, the City Council directed that staff draft an ordinance
containing permit requirements and standards for sidewalk vending in the City; and
WHEREAS, if properly regulated, sidewalk vending can foster vibrant public
spaces, promote a diverse and inclusive local economy, and create economic
opportunities for low-income and immigrant communities; and
WHEREAS, at the same time, inadequately regulated sidewalk vending has
caused and will be expected to cause negative future impacts on public health, safety,
and welfare. For example, inadequately regulated sidewalk vending has caused or been
associated with numerous negative consequences in Gilroy and as reported by staffs of
other cities as well, including unsafe overcrowding; decreased accessibility for persons
with disabilities; a lack of adequate access for first responders, and emergency personnel;
the monopolization of public spaces for private commercial use; traffic safety concerns
for motorists, bicyclists, and pedestrians; diversion of pedestrians into bike lanes or
vehicular lanes; parking congestion; accumulation of trash and pollution in public spaces;
altercations arising amongst vendors competing for locations from which to vend their
food or goods; foodborne illnesses; the sale of counterfeit goods; and a lack of sales tax
being collected; and
WHEREAS, the intent of this ordinance is to effectively regulate sidewalk vending
in a way that: (a) complies with state law; (b) addresses objective public health, safety,
and welfare concerns; and
WHEREAS, the project is exempt from CEQA review based on CEQA Guidelines
subsection 15061 (b) (3) in that the adoption of this ordinance does not have the potential
to cause a significant effect on the environment because it provides additional rules and
procedures intended to provide for the protection of health, safety, and welfare in the City
for commercial activity, sidewalk vending, determined by the State of California to be
permissible across the State.
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Ordinance No. 2023-XX
Sidewalk Vending
City Council Special Meeting | July 10, 2023
Page 2 of 2
8
8
0
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE
CITY OF GILROY ADDS CHAPTER 16B, SIDEWALK VENDING, ATTACHED AS
EXHIBIT ‘A’, TO THE GILROY CITY CODE.
PASSED AND ADOPTED by the City Council of the City of Gilroy at a regular
meeting duly held on the __ day of ___ 2023 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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DRAFT
EXHIBIT ‘A’ of ORDINANCE 2023-XX
CHAPTER 16B
SIDEWALK VENDING
Sections
16B.1 Intent and purpose.
16B.2 Definitions.
16B.3 Sidewalk vending standards.
16B.4 Restricted vending times and locations.
16B.5 Permit applicability.
16B.6 Sidewalk vending permit application and fees.
16B.7 Sidewalk vending permit approval, conditions, denial, or revocation.
16B.8 Sidewalk vending permit expiration and renewal.
16B.9 Administrative citations.
16B.10 Impoundment.
16B.1 INTENT AND PURPOSE.
(a) The city council of the city of Gilroy declares that:
(1) If properly regulated, sidewalk vending can foster vibrant public spaces, promote a
diverse and inclusive local economy, and create economic opportunities for low-income and
immigrant communities.
(2) At the same time, inadequately regulated sidewalk vending has caused and will be
expected to cause in the future negative impacts to the public health, safety and welfare. For
example, inadequately regulated sidewalk vending has caused or been associated with
numerous negative consequences in Gilroy and as reported by staffs of other cities as well,
including unsafe overcrowding; decreased accessibility for persons with disabilities; a lack of
adequate access for first responder and emergency personnel; the monopolization of public
spaces for private commercial use; traffic safety concerns for motorists, bicyclists, and
pedestrians; diversion of pedestrians into bike lanes or vehicular lanes; parking congestion;
accumulation of trash and pollution in public spaces; altercations arising amongst vendors
competing for locations from which to vend their food or goods; foodborne illnesses; the sale of
counterfeit goods; and a lack of sales tax being collected.
(3) Sidewalk vending must be regulated to address the concerns discussed above.
(b) The purpose of this chapter is, therefore, to promote the public peace, safety, health, and
welfare by ensuring rapid access for first responder and emergency personnel; improving sidewalk
accessibility for persons with disabilities; facilitating ingress into and egress from vehicles,
maintaining rights-of-way to buildings, and public spaces; maximizing use and promoting
maintenance of public rights-of-way, parks, and other public spaces; and reducing the city’s
exposure to civil liability.
16B.2 DEFINITIONS.
For the purpose of this chapter, the following words and phrases are defined as follows:
(a) “Food” means raw, cooked, or processed edible substance, ice, beverage, an ingredient used
or intended for use or for sale in whole or in part for human consumption, chewing gum and/or any
other items defined as food by the California Retail Food Code.
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(b) “Mobile vendor” means any person in charge of or driving any motorized mobile vending
vehicle requiring a state driver’s license to operate, either as an agent, employee, or otherwise under
the direction of the owner.
(c) “No vending or limited vending zone” means an area where sidewalk vending is prohibited or
limited due to objective public health, safety, or welfare concerns. The city council may establish no
vending or limited vending zones by resolution, as set forth in Section 16B.4 (c).
(d) “Roaming sidewalk vendor” means a sidewalk vendor who moves from place to place and
stops only to complete a transaction.
(e) “Sidewalk vending” means to sell, offer for sale, expose or display for sale, solicit offers to
purchase, or to barter food, goods, or merchandise on any public sidewalk, pedestrian path, park, or
other public property, with or without the assistance of a vending device, or to require someone to
pay a fee or to set, negotiate, or establish a fee before providing any such food, goods, or
merchandise, even if characterized by the sidewalk vendor as a donation.
(f) “Sidewalk vending permit” means a permit or card issued by the city to a sidewalk vendor
pursuant to Section 16B.7.
(g) “Sidewalk vendor” means a person who sells food or merchandise from a vending device or
from one’s person, upon a public sidewalk, pedestrian path, park, or other public property. This term
is inclusive of both roaming and stationary sidewalk vendors.
(h) “Stationary sidewalk vendor” means a sidewalk vendor who vends from a fixed location.
(i) “Vending device” means a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack,
nonmotorized conveyance (including trailers), freestanding table, chair, box, stand, or any container,
structure, or other object used or capable of being used for holding, selling, advertising, or displaying
tangible things, together with any associated seating facilities. “Vending device” does not include any
street furniture such as benches or planters, any other structure permanently installed by the city of
Gilroy or with the consent of the city of Gilroy.
16B.3 SIDEWALK VENDING STANDARDS.
(a) Sidewalk vendors shall comply with this section in order to prevent unreasonable conflicts with
pedestrian and vehicular traffic, prevent improper disposal of trash, and to assure that pedestrians
(including pedestrians with disabilities) have adequate and accessible thoroughfares, to minimize trip
and fall hazards, to address driver visibility concerns, and to address other public health, safety, and
welfare concerns:
(1) Vending devices shall be at least eighteen inches in height. No person engaged in
sidewalk vending may display or sell their wares on the ground, or on a cloth, tarp, or other
similar material on the ground.
(2) No food sidewalk vendor may be accompanied by or in the custody or possession of an
animal, except a service animal. Merchandise sidewalk vendors may have one service animal.
(3) To maintain accessibility standards, sidewalk vendors shall not place or allow any
obstruction to be placed on the sidewalk that would reduce the width of the sidewalk below a
minimum of forty-eight inches excluding curb, except for the brief duration of time for a
roaming sidewalk vendor to conduct a sale. Sidewalk vendors shall maintain their vending
devices at all times in a manner that provides sufficient access to the sidewalk and avoids
impeding the flow of pedestrian traffic. At no time, may a sidewalk vendor operate in such a
fashion that would violate or cause a violation of the Americans with Disabilities Act or state
law on accessibility, or cause the sidewalk to narrow in a fashion that violates the accessible
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path of travel for persons with disabilities, including persons who use wheelchairs or other
mobility devices.
(4) Sidewalk vendors shall not use easy-ups, tents, or similar shade structures unless their
sidewalk vending permit specifically authorizes such use. Use of these types of structures shall
be requested in the sidewalk vending permit application.
(5) Sidewalk vendors shall not vend to occupants of motorized vehicles in operation.
(6) Sidewalk vendors shall not cause onlookers, customers, or others to obstruct the
accessible path of travel for persons with disabilities, or the free flow or view of pedestrian or
vehicular traffic.
(7) To maintain the free movement of pedestrians and/or vehicles, sidewalk vendors shall
not use signs in connection with the sale, display, or offering for sale of items, except for those
signs affixed to or painted on a vending device.
(8) Vendors shall not use generators unless their sidewalk vending permit explicitly allows for
generator use. Use of generators may be requested in a sidewalk vending permit application.
(9) Sidewalk vendors must provide a trash receptacle for customers and employ good faith
efforts to ensure proper disposal of customer trash. Prior to leaving any vending location, the
sidewalk vendor shall pick up, remove, and dispose of all trash generated by the vending
operations and/or the vendor’s customers within a twenty-foot radius of the vending location.
Sidewalk vendors are responsible for disposing of the trash associated with their business and
may not use city receptacles for this purpose.
(10) Sidewalk vendors must include any necessary measures needed to prevent and
promptly clean up the splatter of fats, greases, or oils on surroundings.
(11) Sidewalk vendors must appropriately dispose of fats, greases, or oils.
(12) At all times while vending, food sidewalk vendors shall possess and display in plain view
on the vending device a valid permit from the County of Santa Clara Department of
Environmental Health.
(13) At all times while vending, sidewalk vendors shall possess and display in plain view on
their person or on their vending device a valid sidewalk vending permit issued pursuant to
Section 16B.7.
(14) Vending devices shall not be chained, fastened, or affixed at any time to any building or
structure, including, but not limited to, lampposts, parking meters, traffic signals, fire hydrants,
benches, bus shelters, trash cans, street signs, trees, or other objects within the public right-of-
way. No vending device shall become a permanent fixture on the vending site or be
considered an improvement to real property.
(15) Vending devices shall not be left or stored unattended on public property or within the
public right-of-way.
(16) Sidewalk vendors shall not vend or distribute: (A) live animals, wildlife, fish, fowl, or
insects; or (B) items that are otherwise illegal to sell or distribute under other laws (such as
unlawful narcotics, cannabis, weapons, and counterfeit merchandise). Note that the unlawful
possession or distribution of items is punishable according to the terms of applicable federal,
state, or local law making such possession or distribution illegal.
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(17) Sidewalk vendors shall not use sidewalks or public property as storage for extra
inventory, merchandise, or personal belongings, except for: (A) vending devices, items placed
on or in vending devices, and associated seating; and (B) personal belongings wholly
contained underneath or inside of a vending device.
(18) No person shall use any street furniture, including any bench, planter, utility cabinet, or
other street furniture or structure permanently installed on public property, for the display, sale,
or distribution of food, goods, or merchandise.
(19) Sidewalk vendors shall not interfere with access or use of city infrastructure, including
city benches, bike racks, wheelchair access ramps, stairs, parking meters, trash receptacles,
or recycling receptacles.
(20)Sidewalk vendors shall not block access to or create unreasonable congestion at: (A) a
corner of any street intersection; (B) any fire hydrant, fire call box, emergency exit, or other
emergency facility; (C) any curb which is designated as white, yellow, green, blue, or red zone,
or a bus zone; (D) any egress and ingress location of a building, facility, or stairway access
point; (E) any driveway or driveway apron; (F) upon or within any roadway, median strip, or
dividing section; or (G) at any parking pay station.
(21) Stationary sidewalk vendors shall not locate their vending device over or within fifteen
feet (15’) of a storm drain.
(22) Trailers are not permitted on the sidewalk pursuant to California Vehicle Code 22500(f).
Violation of this rule is punishable in accordance with the terms of the California Vehicle Code.
(23) Sidewalk vendors shall be responsible for their own compliance with all applicable
federal, state, and local laws, including without limitation state food preparation, handling, and
labeling requirements; fire codes and regulations; noise standards; alcoholic beverages,
tobacco products, cannabis, electronic cigarette, smoking devices and controlled substances
regulations; sanitation and health standards and the Americans with Disabilities Act and other
disability access standards (both state and federal).
(24) Sidewalk vendors shall not operate or vend in a way that violates the terms or
conditions of their sidewalk vending permit.
(b) The city administrator or their designee may promulgate regulations governing sidewalk
vending to enforce the provisions of this chapter and to address objective health, safety and welfare
concerns. A violation of such regulations shall constitute a separate violation of this chapter.
16B.4 RESTRICTED VENDING TIMES AND LOCATIONS.
(a) Unless specifically permitted by another provision of this municipal code, to ensure rapid
access by first responder and emergency personnel; to improve sidewalk accessibility for persons
with disabilities; to facilitate ingress into and egress from vehicles, rights-of-way, buildings, and
public spaces; to maximize use and promote maintenance of public rights-of-way, parks, community
landmarks; and to reduce the city’s exposure to civil liability, stationary sidewalk vending is not
permitted in the following limited areas:
(1) In any city park where the city has entered into an agreement for concessions that
exclusively permits the sale of food or merchandise by the concessionaire;
(2) In areas that are zoned exclusively residential.
(b) For the same reasons identified in subsection (a), both stationary and roaming sidewalk
vending shall not be permitted in the following limited areas:
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(1) On a bike path, a street (including within on-street parking spaces), within a driveway, or
in a public parking lot.
(c) The city council, by resolution, may from time to time designate no vending or limited vending
zones due to objective health, safety, or welfare concerns. In designating a no vending or limited
vending zone, the city council shall first determine that vending without limitation in the area would
impede or interfere with public health, safety, or welfare.
(d) This section shall not be construed as prohibiting events that are conducted pursuant to, and in
accordance with, a Special Event Permit issued by the city.
16B.5 PERMIT APPLICABILITY.
(a) A sidewalk vending permit shall only permit the operation of one vending device at any one
time.
(b) No permit granted pursuant to this chapter shall be transferable.
(c)An approved stationary sidewalk vending permit grants the permittee the privilege of occupying
a particular portion of the public path or sidewalk for the purpose of conducting the approved
vending business. An approved stationary vending permit does not grant the permittee any estate or
other property right or interest to operate at the location for which the permit is issued and/or to
operate at any location in the public street.
16B.6 SIDEWALK VENDING PERMIT APPLICATION AND FEES.
(a) No person may engage in sidewalk vending in the city without first obtaining: (1) a sidewalk
vending permit issued pursuant to Section 16B.7; (2) a business license issued pursuant to Chapter
13 of the Gilroy City Code.
(b) To apply for a sidewalk vending permit, the sidewalk vendor applicant must file an application
with the city, accompanied by an application fee in an amount established by resolution of the city
council. The application shall be in a form developed by staff and shall contain the following:
(1) Contact information for the applicant and business owner;
(2) A Statement of Operations which includes the type of operation (mobile or stationary),
description of the food or merchandise offered for sale, hours of operation, and location of
operation;
(3) Copies of all required licenses and permits, including but not limited to a city of Gilroy
business license, California seller’s permit, and copies of all permits and approvals needed
from the County of Santa Clara Department of Environmental Health;
(4) Photos, dimensions, and a description of the vending device that will be used. If the
vending device is mobile, the application shall also contain all applicable vehicle identification
information including VIN, make, model and engine number;
(5) An acknowledgement of having read and an agreement to abide by this
Chapter 16B (Sidewalk Vending);
(6) Commercial general liability insurance policy or other such policy as the office of the risk
manager of the city of Gilroy shall require; and
(7) Indemnification Agreement.
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16B.7 SIDEWALK VENDING PERMIT APPROVAL, CONDITIONS, DENIAL, OR
REVOCATION.
(a) A sidewalk vending permit shall be approved unless it is determined that:
(1) Information contained in the application, or supplemental information requested from the
applicant, is incomplete or false in any material detail; or
(2) The proposed operations are contrary to the provisions and operating standards of this
chapter;
(3) The applicant has failed to pay or otherwise resolve any previous administrative citations
associated with a previous violation of this chapter; or
(4) The location of the proposed vending operations has already been approved for another
use (including potentially other vending operations) at the time the applicant proposes to vend
at the subject location; or
(5) The proposed vending operations are in violation of any federal, state or local law or
ordinance and/or the city’s approval of a sidewalk vending permit would be contrary to legal
requirements applicable to the city.
(b) Reasonable sidewalk vending permit conditions, regulating the time, place, and manner of
sidewalk vending may be added.
(c) If the permit is denied, written notice of such denial and the reasons therefor shall be provided
to the applicant.
(d) A sidewalk vending permit may be revoked for violation of this chapter. A sidewalk vendor
whose permit is revoked may apply for a new sidewalk vending permit upon the expiration of the
term of the rescinded permit.
(e) An applicant may appeal the decision to deny, revoke, or condition the application to the city
administrator within ten (10) business days of the decision. An appeal hearing will be held by the city
administrator or their designee within ten (10) business days from the date the appeal is received. At
the hearing, both the applicant and the staff member denying the permit shall have the right to
appear and to present evidence and arguments relevant to the grounds on which the decision to
deny the application is appealed. The burden of proof shall be on the applicant to show that he/she
meets the qualifications for a sidewalk vending permit. The decision of the city administrator, or their
designee, shall be final and conclusive upon the applicant.
16B.8 SIDEWALK VENDING PERMIT EXPIRATION AND RENEWAL.
A sidewalk vending permit shall be valid for twelve months from the date of issuance, except that a
sidewalk vending permit shall be deemed null and void upon the revocation or expiration of: (a) the
related city issued business license, (b) a required permit from the County of Santa Clara
Department of Environmental Health, and/or (c) the California seller’s permit pursuant to Revenue
and Taxation Code Section 6067.
16B.9 ADMINISTRATIVE CITATIONS.
(a) Unless otherwise provided, a violation of this chapter by a sidewalk vendor who has a valid
sidewalk vending permit from the city is punishable only by an administrative citation pursuant to
Chapter 6A, Article II of the Gilroy City Code, in amounts not to exceed the following:
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(1) One hundred dollars ($100) for a first violation.
(2) Two hundred dollars ($200) for a second violation within one year of the first violation.
(3) Five hundred dollars ($500) for each additional violation within one year of the first
violation.
(b) Unless otherwise provided, a person engaged in sidewalk vending without a valid city sidewalk
vending permit shall be issued an administrative citation pursuant to Chapter 6A, Article II of the
Gilroy City Code in amounts not to exceed the following, in lieu of the amounts set forth in
subsection (a):
(1) Two hundred and fifty dollars ($250) for a first violation.
(2) Five hundred dollars ($500) for a second violation within one year of the first violation.
(3) One thousand dollars ($1,000) for each additional violation within one year of the first
violation.
(c) A person issued an administrative citation pursuant to subsection (b), upon submitting proof of
a valid sidewalk vending permit issued by the city within ten calendar days of the date a citation is
issued, may have the amount of their citation reduced to amounts set forth in subsection (a).
(d) Unless otherwise provided, a violation of this chapter shall not be punishable as an infraction or
misdemeanor. No person alleged to have violated the provisions herein shall be subject to arrest
except when otherwise permitted by law.
(e) If an individual violates this chapter and is issued an administrative citation, that person is
required to come into reasonably prompt compliance with this chapter. If a cited individual continues
to operate unlawfully and/or fails to come into reasonably prompt compliance with this chapter, the
individual may be issued a subsequent administrative citation on the same day, so long as at least
one hour has passed between each administrative citation.
(f) In order to facilitate the administration of this chapter, city enforcement staff is authorized to ask
sidewalk vendors who are reasonably believed to be vending in violation of this chapter for their
identification card, or other identifying information, and said individuals are required to provide such
information to the requesting enforcement staff.
(g) A person who is issued an administrative citation(s) may contest the citation subject to the
requirements and procedures of Subsection 6A.16 of the Gilroy City Code. If the contest of the
citation is successful, the hearing officer shall order the city to return the fee paid for contesting the
citation.
(h) The city shall also provide a person who receives a citation with a notice of their right to request
an ability-to-pay determination and shall make available instructions or other materials for requesting
an ability-to-pay determination. The person may request an ability-to-pay determination at any time
before the assessed fine is paid, including while a judgment remains unpaid, when a case is
delinquent, or when a fine has been referred to a comprehensive collection program. There shall be
no charge for an ability-to-pay determination.
(i) If the person meets the criteria described in subdivision (a) or (b) of Government Code Section
68632, the city shall accept, in full satisfaction, twenty percent of the fee assessed for an
administrative citation imposed pursuant to this chapter.
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(j) The city may develop processes or regulations that would (1) allow for a person to complete
community service in lieu of paying the total administrative fine; (2) provide for waivers of the
administrative fine; or (3) provide for the offering of alternative dispositions.
(k) Administrative citations issued under this section shall include the following notice: “You have a
right to contest this citation within thirty (30) calendar days by completing a request for hearing form
and returning it to the city clerk. If you do not contest the citation, you waive your right to contest it.
You also have the right to request an ability-to-pay determination at any time before the assessed
fine has been paid.”
(l) Failure to pay the assessed fine issued pursuant to this section shall not be punishable as an
infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions
beyond those authorized herein shall not be assessed for failure to pay an administrative citation
fine.
(m) No person shall willfully interfere with or obstruct any city code enforcement officer, community
services officer, or police officer in their enforcement of the provisions of this chapter. Willful (1)
failure to properly identify oneself done for the purpose of attempting to evade an administrative
citation, and/or (2) interference with or obstruction of an impoundment authorized pursuant to
Section 16B.10 shall constitute unlawful interference or obstruction under this subsection. Violation
of this subsection is a misdemeanor.
16B.10 IMPOUNDMENT.
(a) The city may impound vending devices, food, goods, and/or merchandise that:
(1) Reasonably appear to be abandoned on public property; or
(2) Are displayed, offered, or made available for rent or sale by a sidewalk vendor who (A)
operates in violation of this chapter; and (B) refuses or fails to provide identification, as
required by Section 16B.9 (f); and (C) refuses to remove their vending device, food for sale,
and/or goods/merchandise for sale after being instructed to do so by a city enforcement
official; or
(3) Are displayed, offered, or made available for rent or sale by a sidewalk vendor who (A)
does not possess a valid applicable sidewalk vending permit; and (B) also refuses to remove
their vending device, food for sale, and/or goods/merchandise for sale after being instructed to
do so by a city enforcement official; or
(4) Is (A) creating an imminent and substantial safety or environmental hazard by the
location of the vending device or the nature of the goods being offered for sale, and (B)
refuses to remove their vending device, food for sale, and/or goods/merchandise for sale after
being instructed to do so by a city enforcement official; or
(5) Are displayed, offered, or made available for rent or sale by a sidewalk vendor who has,
within a twenty-four-month period, been found responsible for violating this chapter four or
more times.
(b) The city may immediately dispose of impounded materials that are perishable or cannot be
safely stored.
(c) An aggrieved vendor may, within ten days, appeal the impoundment of their property by
requesting an administrative hearing before a hearing officer appointed by the city pursuant to
Subsection 6A. and if successful in their appeal, may have their property returned without paying an
impound fee. The appeal hearing shall be conducted pursuant to the administrative enforcement
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hearing procedure contained in Chapter 6A., Article II of the Gilroy City Code. Any appeal fee paid
by the sidewalk vendor shall be returned to the sidewalk vendor if they are successful on appeal.
(d) An individual may recover impounded materials upon paying applicable impound fees and
demonstrating proper proof of ownership.
(e) The city council may by resolution adopt impound fees, which shall reflect the city’s
enforcement, investigation, storage, and impound costs.
(f) Any unclaimed items will be considered abandoned and forfeited to the city after ninety days
following impoundment.
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Page 1 of 2
City of Gilroy
STAFF REPORT
Agenda Item Title:Annual Appointments to City Boards, Commissions,
and Committees With Seats Vacant or Expired as of
June 19, 2023
Meeting Date:July 10, 2023
From:Jimmy Forbis, City Administrator
Department:City Clerk
Submitted By:Thai Nam Pham, City Clerk
Prepared By:Thai Nam Pham, City Clerk
STRATEGIC PLAN GOALS Not Applicable
RECOMMENDATION
Appoint members to City Commissions with seats vacant or expired as of June 19,
2023.
BACKGROUND
As of June 19, 2023, six seats on various City Boards, Commissions, and Committees
(Arts & Culture Commission, Library Commission, Personnel Commission, Parks and
Recreation Commission, Planning Commission, and Physically Challenged Board of
Appeals) remain vacant. During the recruitment period, two applications were received
from Terence Fugazzi (Planning Commission) and Kortney Hodge (Planning
Commission, Parks & Recreation Commission, and Personnel Commission).
Additionally, two applications were submitted by Stefanie Okada-McCabe and Danny
Molina after the application deadline for the Planning Commission.
Although the Council accepted the late applications, only Terence Fugazzi and Stefanie
Okada-McCabe were interviewed during the regular meeting on June 19, 2023. Kortney
Hodge and Danny Molina were not interviewed at the meeting. The Council is now
requested to consider appointing individuals to the Planning Commission, with a term
ending on December 31, 2023.
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Annual Appointments to City Boards, Commissions, and Committees With Seats Vacant or
Expired as of June 19, 2023
City of Gilroy City Council Page 2 of 2 July 10, 2023
It is important to note that Terence Fugazzi presently holds positions on both the Open
Government Commission and the Parks and Recreation Commission. During the
interview process, Mr. Fugazzi indicated his willingness to resign from both
commissions if appointed to the Planning Commission.
Attachments:
1. Application – Terence Fugazzi
2. Application – Kortney Hodge
3. Application – Stefanie Okada-McCabe
4. Application – Danny Molina
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Planning Commission Application - Kortney Hodge
Page 1 of 2
City of Gilroy
Board, Committee, & Commission Application
All Commission, Board, and Committee applications are a public record.
Board/Committee/Commission of Interest:Planning Commission
Name:Kortney Hodge
Phone
number(s):
email
address*:
Are you a registered voter within the City limits? Yes
Physical
Address*:
Driver’s License
or
ID No.:
Date of
Birth*:
Last 4 of
SSN:
List your qualifications for this appointment:
I am proficient in creating and using daily agendas as well as keeping notes for discussions,
therefore that is one of my qualifications for this position. I am really capable at hearing what
other individuals have to say and absorbing their recommendations. I am the kind of person who
likes to converse with others and exchange ideas. I work hard, which makes me a fantastic fit to
support this community's growth and improvement.
List any service to the community including any prior appointments:
I did plenty of services for the community in high school. I volunteered at elementary schools, I
helped feed the homeless at Saint Mary's church during holidays and also help clean up
Christmas hill park.
What are your goals while serving on this Board/Commission/Committee?
Making my hometown a better place to live is one of my aims when serving on the board,
commission, committee. I want to assist the area develop and become a better community. I
want to make an effort to engage the younger generation in order to support their development
and unification. My entire life, I have lived in Gilroy. I have witnessed the town's development
from when it was primarily made up of farmland until now.
Why are you the most qualified to serve on this Board/Commission/Committee?
Because I am young, possess leadership qualities, and am driven to improve my community as
a whole, I believe I am best suited to serve on this committee.
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Planning Commission Application - Kortney Hodge
Page 2 of 2
By clicking on this box, I declare under penalty of perjury that I am currently a
registered voter within the City limits of the City of Gilroy. Furthermore, I
understand that this application and any attachments are subject to disclosure
under the Public Records Act and must complete mandatory Open Government
Ordinance Training. I further understand that members of the Planning
Commission, Building Boards of Appeals, and Physically Challenged Board of
Appeals are also subject to filing the Fair Political Practice Commission’s
Statement of Economic Interest Form 700 relating to financial disclosures.
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City of Gilroy
Board, Committee, & Commission Application
All Commission, Board, and Committee applications are a public record.
Board/Committee/Commission of Interest: Planning Commission
Name: Terence Fugazzi
Phone number(s): email address*:
Are you a registered voter within the City limits? Y
Physical Address*:
Driver’s License or
ID No.:
Date of
Birth*:
Last 4 of
SSN:
List your qualifications for this appointment:
I am a 10 year Gilroy resident that absolutely loves our city. In addition to this I stay quite active and up to
date on issues and activities that pertain to our city life, growth, and fellow citizens. I have attended in person
every city council meeting when I am in town for the last year as well as a number of planning commission
meetings. Recently I have been appointed to two commissions where I believe, in just a short time, I have
already had a significant positive impact. I also have a strong aptitude for digging into long and complex
documents and sussing out the important and most relevant bits - be that researching code and ordinances,
council packets, budgets, to studying future development plans. I am an independent thinker who listens to
reason annd ideas from others. I have no personal or business affiliations that would create undesirable bias
or conflict of interest.
List any service to the community including any prior appointments:
Appointed and currently serving on the Open Government Commission and Parks and Recreation
Commission.
What are your goals while serving on this Board/Commission/Committee?
To Serve Gilroy in a capacity that best represents the needs and desires of the citizenry at large in relation to
our future growth.
Why are you the most qualified to serve on this Board/Commission/Committee?
Not having reviewed others’ applications that is not a question I could possibly answer. I can speculate,
however, that my personal and city commission experience as well as involvement and understanding of
current city issues should put me near or at the top of the pack.
By clicking on this box, I declare under penalty of perjury that I am currently a registered
voter within the City limits of the City of Gilroy. Furthermore, I understand that this
application and any attachments are subject to disclosure under the Public Records Act and
must complete mandatory Open Government Ordinance Training. I further understand that
members of the Planning Commission, Building Boards of Appeals, and Physically
Challenged Board of Appeals are also subject to filing the Fair Political Practice
Commission’s Statement of Economic Interest Form 700 relating to financial disclosures.
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Planning Commission Application - Stefanie Okada-McCabe
Page 1 of 2
City of Gilroy
Board, Committee, & Commission Application
All Commission, Board, and Committee applications are a public record.
Board/Committee/Commission of Interest:Planning Commission
Name:Stefanie Okada-McCabe
Phone
number(s):
email
address*:
Are you a registered voter within the City limits? Yes
Physical
Address*:
Driver’s License
or
ID No.:
Date of
Birth*:
Last 4 of
SSN:
List your qualifications for this appointment:
I am born and raised in Gilroy. I have my bachelor of architecture degree and i am a member of
the international Code Council. I specialize in residential design.
List any service to the community including any prior appointments:
Prior appointments are Building Board of Appeals and the Physically Challenged Board. I also
volunteer at the community development counter before covid.
What are your goals while serving on this Board/Commission/Committee?
My goals are: Protecting the public health, safety, and welfare. Conserving resources. Seeking
efficiency in the use of land and public facilities. Fostering beauty and livability within the
community. Ensuring equality and opportunity for all.
Why are you the most qualified to serve on this Board/Commission/Committee?
I am most qualified because of my fairness and impartiality, open-mindedness, communication
skills, problem-solving skills and lastly my teamwork skills.
By clicking on this box, I declare under penalty of perjury that I am currently a
registered voter within the City limits of the City of Gilroy. Furthermore, I
understand that this application and any attachments are subject to disclosure
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Planning Commission Application - Stefanie Okada-McCabe
Page 2 of 2
under the Public Records Act and must complete mandatory Open Government
Ordinance Training. I further understand that members of the Planning
Commission, Building Boards of Appeals, and Physically Challenged Board of
Appeals are also subject to filing the Fair Political Practice Commission’s
Statement of Economic Interest Form 700 relating to financial disclosures.
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Planning Commission Application - Danny Molina
Page 1 of 2
City of Gilroy
Board, Committee, & Commission Application
All Commission, Board, and Committee applications are a public record.
Board/Committee/Commission of Interest:Planning Commission
Name:Danny Molina
Phone
number(s):
email
address*:
Are you a registered voter within the City limits? Yes
Physical
Address*:
Driver’s License
or
ID No.:
Date of
Birth*:
Last 4 of
SSN:
List your qualifications for this appointment:
Project management , Team Building , Working Knowledge of Public works Prevailing wage ,
Worked for a large Sanitation company for 13 years which i oversaw over 100+ employees and
started my own Construction site service business 3 years ago.
List any service to the community including any prior appointments:
I Currently working with Pitstop Outreach and Veterans Day Parade Board of Supervisors. I was
part of leadership Gilroy class 2022, Helped with non- profits ; One Giving Tree, CVMA and
Rebeccas Children Services.
What are your goals while serving on this Board/Commission/Committee?
My goals are to help with moving our community , learn more about the workings of the
planning commission and help with anything needed.
Why are you the most qualified to serve on this Board/Commission/Committee?
My working knowledge of Construction , Working with Committees to obtain a common outcome
and starting on my own company which has shown a profit year over year.
By clicking on this box, I declare under penalty of perjury that I am currently a
registered voter within the City limits of the City of Gilroy. Furthermore, I
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Planning Commission Application - Danny Molina
Page 2 of 2
understand that this application and any attachments are subject to disclosure
under the Public Records Act and must complete mandatory Open Government
Ordinance Training. I further understand that members of the Planning
Commission, Building Boards of Appeals, and Physically Challenged Board of
Appeals are also subject to filing the Fair Political Practice Commission’s
Statement of Economic Interest Form 700 relating to financial disclosures.
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Page 1 of 3
City of Gilroy
STAFF REPORT
Agenda Item Title:Council Direction Concerning the City's Ongoing
Membership in the Cities Association of Santa Clara
County
Meeting Date:July 10, 2023
From:Jimmy Forbis, City Administrator
Department:Administration
Submitted By:Bryce Atkins, Assistant to the City Administrator
Prepared By:Bryce Atkins, Assistant to the City Administrator
STRATEGIC PLAN GOALS Not Applicable
RECOMMENDATION
Council discussion regarding the continued status of the City of Gilroy as a member of
the Cities Association of Santa Clara County.
BACKGROUND
The City of Gilroy has been a member of the Cities Association of Santa Clara County
(CASCC) for many years. This organization was established to help provide for combined
advocacy, organization, and shared knowledge and resources to aid in the work of
membership cities. Below is an excerpt from the CASCC’s website about themselves:
The Cities Association of Santa Clara County is an association of the 15
cities of the county. Since 1990, representatives from the 15 cities of Santa
Clara County have been meeting monthly and collaborating on issues that
affect each of us, striving to create a unified voice.
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Council Direction Concerning the City's Ongoing Membership in the Cities Association of Santa
Clara County
City of Gilroy City Council Page 2 of 3 July 10, 2023
ANALYSIS
Although the City has appreciated the benefits that being a member of the CASCC has
provided in the past, there have been certain actions that the organization has
undertaken that have arisen that question CASACC positions that may/may not align
with the philosophy of the Gilroy City Council including:
•The CASCC asked the City to pay a portion of the costs from an employment-
based claim with its former Executive Director. The City of Gilroy was the only
entity out of the 15 Santa Clara County cities that refused to participate in the
settlement. As part of the settlement, it was requested by the Santa Clara County
City Manager’s Association that CASCC clarify its' personnel rules so that Cities
do not take on the liability for the actions of individual CASCC members and their
treatment of CASCC employees. To date, no adjustments have been made, and
the current Director operates in the same manner as the previous director and
thus potentially exposing the City of Gilroy to claims and lawsuits for situations
created by other CASCC members.
•In Fiscal Year 2022, the overall budget for CASCC was $149,957. That budget
was increased in 2023 to $281,401, with Gilroy's contribution increasing by
approximately 35% from $10,857 in 2022 to $14,609 in 2023.
•The CASCC has pursued the formation of a Joint Powers Authority, which grants
the Authority the ability to issue debt and purchase assets/property, something
that is not typical of such associations and could result in legal liability for Gilroy.
•The CASCC has taken formal positions and/or conducted policy work on many
issues, including Racial Justice, Public Safety Reform, Hate Crimes Against the
Asian American Pacific Islander Community, Santa Cruz/Santa Clara County
Airport/Community Roundtable, Regional Housing Needs Allocation (RHNA)
Subregion Taskforce, and the development of a Minimum Wage Policy. Should
Gilroy (and other Cities) decide their own positions on these matters, as those
positions may be in direct conflict with the CASCC.
At this time, staff is of the opinion that such issues, which have surfaced in recent years,
warrant a policy discussion to obtain Council’s direction if the City should remain in this
association or if a separation is desired.
ALTERNATIVES
Council may direct staff to remain a member of the CASCC or may choose to direct
staff not to submit the membership renewal fee and resign its membership.
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Council Direction Concerning the City's Ongoing Membership in the Cities Association of Santa
Clara County
City of Gilroy City Council Page 3 of 3 July 10, 2023
FISCAL IMPACT/FUNDING SOURCE
If Council were to direct the cancellation of the membership, there would be a cost
saving in the City’s General Fund on an annual basis. The amount for Fiscal Year 2024
would be $14,609.
PUBLIC OUTREACH
This item was included on the publicly posted agenda for this meeting.
NEXT STEPS
Dependent on Council direction.
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Page 1 of 2
City of Gilroy
STAFF REPORT
Agenda Item Title:Selection of Voting Delegate for the League of
California Cities 2023 Annual Conference
Meeting Date:July 10, 2023
From:Jimmy Forbis, City Administrator
Department:City Clerk
Submitted By:Thai Nam Pham, City Clerk
Prepared By:Thai Nam Pham, City Clerk
STRATEGIC PLAN GOALS Not Applicable
RECOMMENDATION
Staff recommends that the City Council authorize a Council Member as the Designated
Voting Delegate to attend the 2023 League of California Cities Annual Conference on
behalf of the City, along with up to two alternate voting delegates.
BACKGROUND
The League of California Cities Annual Conference is scheduled to take place from
September 20-22, 2023, in Sacramento. As a member agency of the League of
California Cities, Gilroy has the opportunity to participate in the consideration of
resolutions that establish League policy at the annual business meeting on Friday,
September 22nd.
To vote on League resolutions, the City Council must designate a voting delegate and
may appoint up to two alternate voting delegates. Currently, Mayor Blankley and
Council Members Tovar and Armendariz have registered for and will be attending the
conference.
Attached are copies of the Annual Conference Voting Procedures and the 2023 Voting
Delegate / Alternate Form. A formal City Council resolution is not required for the City
Council to make the designation(s).
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Selection of Voting Delegate for the League of California Cities 2023 Annual Conference
City of Gilroy City Council Page 2 of 2 July 10, 2023
NEXT STEPS
Once the designated voting delegate, along with the alternate voting delegate(s), are
approved, staff will update the information provided to the League.
Attachments:
1. League of California Cities Delegate Information
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1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org
DATE: Wednesday, June 21, 2023
TO: Mayors, Council Members, City Clerks, and City Managers
RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference and Expo, Sept. 20-22, 2023,
Sacramento SAFE Credit Union Convention Center
Every year, the League of California Cities convenes a member-driven General Assembly
at the Cal Cities Annual Conference and Expo. The General Assembly is an important
opportunity where city officials can directly participate in the development of Cal Cities
policy.
Taking place on Sept. 22, the General Assembly is comprised of voting delegates
appointed by each member city; every city has one voting delegate. Your appointed
voting delegate plays an important role during the General Assembly by representing
your city and voting on resolutions.
To cast a vote during the General Assembly, your city must designate a voting
delegate and up to two alternate voting delegates, one of whom may vote if the
designated voting delegate is unable to serve in that capacity. Voting delegates may
either be an elected or appointed official.
Please complete the attached voting delegate form and email it to Cal Cities office
no later than Monday, August 28.
New this year, we will host a pre-conference information session for voting delegates to
explain their role. Submitting your voting delegate form by the deadline will allow us time
to establish voting delegate/alternate records prior to the conference and provide pre-
conference communications with voting delegates.
Please view Cal Cities’ event and meeting policy in advance of the conference.
Action by Council Required. Consistent with Cal Cities bylaws, a city’s voting delegate
and up to two alternates must be designated by the city council. When completing the
attached Voting Delegate form, please attach either a copy of the council resolution
that reflects the council action taken or have your city clerk or mayor sign the form
affirming that the names provided are those selected by the city council.
Please note that designating the voting delegate and alternates must be done by city
council action and cannot be accomplished by individual action of the mayor or city
manager alone.
Council Action Advised by August 28, 2023
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Conference Registration Required. The voting delegate and alternates must be
registered to attend the conference. They need not register for the entire conference;
they may register for Friday only. Conference registration is open on the Cal Cities
website.
For a city to cast a vote, one voter must be present at the General Assembly and in
possession of the voting delegate card and voting tool. Voting delegates and
alternates need to pick up their conference badges before signing in and picking up
the voting delegate card at the voting delegate desk. This will enable them to receive
the special sticker on their name badges that will admit the voting delegate into the
voting area during the General Assembly.
Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting
delegate card may be transferred freely between the voting delegate and alternates,
but only between the voting delegate and alternates. If the voting delegate and
alternates find themselves unable to attend the General Assembly, they may not
transfer the voting card to another city official.
Seating Protocol during General Assembly. At the General Assembly, individuals with a
voting card will sit in a designated area. Admission to the voting area will be limited to the
individual in possession of the voting card and with a special sticker on their name badge
identifying them as a voting delegate.
The voting delegate desk, located in the conference registration area of the SAFE Credit
Union Convention Center in Sacramento, will be open at the following times:
Wednesday, Sept. 20, 8:00 a.m.- 6:00 p.m. and Thursday, Sept. 21, 7:30 a.m.- 4:00 p.m. On
Friday, Sept. 22, the voting delegate desk will be open at the General Assembly, starting
at 7:30 a.m., but will be closed during roll calls and voting.
The voting procedures that will be used at the conference are attached to this memo.
Please share these procedures and this memo with your council and especially with the
individuals that your council designates as your city’s voting delegate and alternates.
Once again, thank you for completing the voting delegate and alternate form and
returning it to Cal Cities office by Monday, Aug. 28. If you have questions, please
contact Zach Seals at zseals@calcities.org.
Attachments:
•General Assembly Voting Guidelines
•Voting Delegate/Alternate Form
•Information Sheet: Cal Cities Resolutions and the General Assembly
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1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org
General Assembly Voting Guidelines
1.One City One Vote. Each member city has a right to cast one vote on
matters pertaining to Cal Cities policy.
2.Designating a City Voting Representative. Prior to the Cal Cities Annual
Conference and Expo, each city council may designate a voting delegate
and up to two alternates; these individuals are identified on the voting
delegate form provided to the Cal Cities Credentials Committee.
3.Registering with the Credentials Committee. The voting delegate, or
alternates, may pick up the city's voting card at the voting delegate desk in
the conference registration area. Voting delegates and alternates must sign
in at the voting delegate desk. Here they will receive a special sticker on
their name badge and thus be admitted to the voting area at the General
Assembly.
4.Signing Initiated Resolution Petitions. Only those individuals who are voting
delegates (or alternates), and who have picked up their city’s voting card
by providing a signature to the credentials committee at the voting
delegate desk, may sign petitions to initiate a resolution.
5.Voting. To cast the city's vote, a city official must have in their possession the
city's voting card and voting tool; and be registered with the credentials
committee. The voting card may be transferred freely between the voting
delegate and alternates but may not be transferred to another city official
who is neither a voting delegate nor alternate.
6.Voting Area at General Assembly. At the General Assembly, individuals with
a voting card will sit in a designated area. Admission to the voting area will
be limited to the individual in possession of the voting card and with a
special sticker on their name badge identifying them as a voting delegate.
7.Resolving Disputes. In case of dispute, the credentials committee will
determine the validity of signatures on petitioned resolutions and the right of
a city official to vote at the General Assembly.
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CITY: ________________________________________
2023 ANNUAL CONFERENCE
VOTING DELEGATE/ALTERNATE FORM
Please complete this form and return it to Cal Cities office by Monday, August 28, 2023.
Forms not sent by this deadline may be submitted to the Voting Delegate Desk located
in the Annual Conference Registration Area. Your city council may designate one
voting delegate and up to two alternates.
To vote at the General Assembly, voting delegates and alternates must be designated by your
city council. Please attach the council resolution as proof of designation. As an alternative,
the Mayor or City Clerk may sign this form, affirming that the designation reflects the action
taken by the council.
Please note: Voting delegates and alternates will be seated in a separate area at the General
Assembly. Admission to this designated area will be limited to individuals (voting delegates
and alternates) who are identified with a special sticker on their conference badge. This
sticker can be obtained only at the voting delegate desk.
1. VOTING DELEGATE
Name:
Title:
2.VOTING DELEGATE - ALTERNATE
Name:
Title:
Email: _______________________________
Email: ______________________________
3.VOTING DELEGATE - ALTERNATE
Name:
Title:
Email: _____________________________
ATTACH COUNCIL RESOLUTION DESIGNATING VOTING DELEGATE AND ALTERNATES OR
ATTEST: I affirm that the information provided reflects action by the city council to
designate the voting delegate and alternate(s).
Name: ____________________________________ Email: _________________________________
Mayor or City Clerk: ________________________ Date: __________ Phone: ________________
(circle one) (signature)
Please complete and email this form to votingdelegates@calcities.org by Monday,
August 28, 2023.
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Sixty days before the
Annual Conference and
Expo, Cal Cities members
may submit policy
proposals on issues of
importance to cities. The
resolution must have the concurrence
of at least five additional member cities
or individual members.
How it works: Cal Cities
Resolutions and the General Assembly
General Assembly
General Resolutions Policy Committees
Developing League of California Cities policy is a dynamic process that engages a wide range of members to
ensure that we are representing California cities with one voice. These policies directly guide Cal Cities advocacy
to promote local decision-making, and lobby against statewide policy that erodes local control.
The resolutions process and General Assembly is one way that city officials can directly participate in the
development of Cal Cities policy. If a resolution is approved at the General Assembly, it becomes official Cal
Cities policy. Here’s how Resolutions and the General Assembly works.
The petitioned resolution
is an alternate method
to introduce policy
proposals during the
annual conference. The
petition must be signed by
voting delegates from 10% of member
cities, and submitted to the Cal Cities
President at least 24 hours before the
beginning of the General Assembly.
Petitioned Resolutions
The Cal Cities President
assigns general resolutions
to policy committees where
members review, debate,
and recommend positions for
each policy proposal. Recommendations are
forwarded to the Resolutions Committee.
Who’s who
The Resolutions
Committee includes
representatives from
each Cal Cities diversity
caucus, regional
division, municipal
department, policy
committee, as well as
individuals appointed by
the Cal Cities president.
Voting delegates
are appointed by each
member city; every city
has one voting delegate.
The General Assembly
is a meeting of the
collective body of
all voting delegates —
one from every
member city.
Seven Policy
Committees meet
throughout the year to
review and recommend
positions to take on
bills and regulatory
proposals. Policy
committees include
members from each Cal
Cities diversity caucus,
regional division,
municipal department,
as well as individuals
appointed by the Cal
Cities president.
During the General Assembly, voting delegates
debate and consider general and petitioned
resolutions forwarded by the Resolutions Committee.
Potential Cal Cities bylaws amendments are also
considered at this meeting.
Cal Cities policy
development is a
member-informed
process, grounded
in the voices and
experiences of city
officials throughout
the state.
For more information visit www.calcities.org/general-assembly
Prior to the Annual Conference and Expo
Resolutions Committee
The Resolutions Committee
considers all resolutions.
General Resolutions approved1
by either a policy committee
or the Resolutions Committee
are next considered by the General
Assembly. General resolutions not approved,
or referred for further study by both a policy
committee and the Resolutions Committee
do not go the General Assembly. All
Petitioned Resolutions are considered by the
General Assembly, unless disqualified.2
• Voting delegates will receive increased communications to prepare
them for their role during the General Assembly.
• The General Assembly will take place earlier to allow more time for
debate and discussion.
• Improvements to the General Assembly process will make it easier for
voting delegates to discuss and debate resolutions.
What’s new in 2023?
During the Annual Conference and Expo
1 The Resolution Committee can amend a general resolution prior to sending it to the General Assembly.
2 Petitioned Resolutions may be disqualified by the Resolutions Committee according to Cal Cities Bylaws Article VI. Sec. 5(f).
11.2
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Page 1 of 4
City of Gilroy
STAFF REPORT
Agenda Item Title:Consent of the Appointment of Karl Bjarke as Interim
Public Works Director (Retired Annuitant) Effective
July 11, 2023 and Adoption of a Resolution of the City
Council of the City of Gilroy Approving the
Appointment and Employment Agreement
Meeting Date:July 10, 2023
From:Jimmy Forbis, City Administrator
Department:Administrative Services
Submitted By:LeeAnn McPhillips, Administrative Services and Human
Resources Director / Risk Manager
Prepared By:LeeAnn McPhillips, Administrative Services and Human
Resources Director / Risk Manager
STRATEGIC PLAN GOALS Not Applicable
RECOMMENDATION
a. Consent of the City Administrator's recommendation to appoint Karl Bjarke as
Interim Public Works Director (as a retired annuitant) effective July 11, 2023.
b. Adopt a Resolution of the City Council of the City of Gilroy approving the
appointment of Karl Bjarke as Interim Public Works Director (Retired Annuitant)
pursuant to California Government Code Section 21221(h) and authorizing the
City Administrator to execute the employment agreement.
EXECUTIVE SUMMARY
To ensure continuity in the management of the Public Works Department during a
critical time, it is recommended that the City Council consent to the appointment of Karl
Bjarke as Interim Public Works Director (retired annuitant) effective July 11, 2023, and
approve the resolution consenting to the appointment and authorizing the City
Administrator to execute the employment agreement.
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Consent of the Appointment of Karl Bjarke as Interim Public Works Director (Retired Annuitant)
Effective July 11, 2023 and Adoption of a Resolution of the City Council of the City of Gilroy
Approving the Appointment and Employment Agreement
City of Gilroy City Council Page 2 of 4 July 10, 2023
BACKGROUND
Due to the recent resignation of Public Works Director Daryl Jordan on June 27, 2023,
the City of Gilroy has a vacancy in the position of Public Works Director. The City plans
to commence recruitment for a Public Works Director and hire an Interim Public Works
Director to serve while the recruitment is being conducted. Former Morgan Hill Public
Works Director Karl Bjarke is available to serve as the Interim Public Works Director.
Mr. Bjarke is a California Public Employees’ Retirement System (CalPERS) retired
annuitant, having retired in 2017. He has the education, skills, and experience to hit the
ground running and serve as Gilroy’s Interim Public Works Director beginning July 11,
2023.
Mr. Bjarke has over twenty-eight years of related municipal work experience. He served
the City of Morgan Hill for over fifteen years, most recently in the capacity of Public
Works Director (six years). Prior to serving as the Director, Mr. Bjarke was the Deputy
Public Works Director for approximately nine years. He also holds a State of California
Professional Engineer license. Given his work in Morgan Hill, Mr. Bjarke is well versed
with the South County Regional Wastewater Authority (SCRWA), Valley Transportation
Authority (VTA), Santa Clara Valley Water District (SCVWD), Caltrans, and other similar
agencies important to the work of Public Works. Mr. Bjarke previously served as Gilroy’s
Interim Public Works Director in 2020, prior to the hiring of Daryl Jordan.
California Government Code Section 21221(h) allows an agency to hire a retired
annuitant to serve in an “interim” position when there is an immediate need for expertise
and specialized skills and recruitment is underway for the position. Prior to July 11,
2023, the City will initiate steps to begin recruitment for a new Public Works Director
and complete the selection process in the next four to six months. Further, the retired
annuitant may not work more than 960 hours in a fiscal year and cannot receive any
compensation other than the hourly rate of pay for the work performed by other
employees performing comparable duties.
In the Interim Public Works Director role and as an officer of the City, Karl Bjarke agrees
to perform the following duties related to the Gilroy Public Works Department:
a. Plan, direct, and coordinate the activities of the Public Works Department.
b. Serve as a technical advisor to the City Administrator and other department
heads on public works-related matters.
c. Develop and direct the implementation of goals, objectives, policies, procedures,
and work standards for the Public Works Department.
d. Plan, organize, assign, direct, review, and evaluate public works and engineering
activities, including project planning, design, construction, and inspection.
e. Plan, organize, assign, direct, review, and evaluate all maintenance activities,
including the areas of streets, storm drains, parks, water and wastewater utilities,
and trees.
f. Perform preliminary and final engineering review and consultation on public and
private projects with developers, designers, and project engineers; review and
sign maps, plans, specifications, and projects for compliance with sound
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Consent of the Appointment of Karl Bjarke as Interim Public Works Director (Retired Annuitant)
Effective July 11, 2023 and Adoption of a Resolution of the City Council of the City of Gilroy
Approving the Appointment and Employment Agreement
City of Gilroy City Council Page 3 of 4 July 10, 2023
engineering practices and existing laws; review initial studies and environmental
impact reports for adequate mitigation of infrastructure impacts.
g. Confer with City officials and community groups on proposed public works
projects.
h. Prepare and present comprehensive technical reports.
i. Direct the departmental budget to include: preparing division budgets, preparing
the annual five-year and ten-year capital improvement budgets, and monitoring
revenues and expenditures. Research, analyze, and make recommendations for
cost-effective departmental operations to include: designing, administering, and
evaluating departmental programs and services; addressing process issues; and
implementing required changes.
j. Select, train, and evaluate department personnel.
k. Monitor developments related to municipal engineering and public works matters;
evaluate their impact upon City operations and recommend policy and procedural
improvements.
l. Coordinate the activities of the Public Works Department with those of other
departments and agencies. Meet with and represent the City in project
development and negotiations with regional agencies such as Caltrans, Valley
Transportation Authority (VTA), and the Santa Clara Valley Water District
(SCVWD).
m. Present before City Council, public agencies, civic groups, and other
organizations regarding Public Works Department projects and programs.
n. Any other duties or assignments typically assigned to the Public Works Director.
As Interim Public Works Director, Karl Bjarke will report directly to the City Administrator
and shall comply with all City rules, policies, guidelines, regulations, and laws.
Mr. Bjarke will be paid $121.33 per hour with no other benefits or incentives.
ALTERNATIVES
The alternatives would be not to approve the interim appointment and the City would
need to identify someone else to serve as the Interim Public Works Director or leave the
position vacant. These alternatives are not recommended.
FISCAL IMPACT/FUNDING SOURCE
This interim appointment provides a cost savings to the City as only the hourly rate for
the position is paid to the retired annuitant and not any benefits. It is estimated that this
interim appointment will save the City approximately $7,000 per month when filled on a
full-time basis. Over a four-to-six-month period, the savings will total approximately
$28,000 – $42,000.
NEXT STEPS
Upon Council approval, the City Administrator will sign the employment agreement. In
addition, staff will initiate steps to begin the Public Works Director recruitment process
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Consent of the Appointment of Karl Bjarke as Interim Public Works Director (Retired Annuitant)
Effective July 11, 2023 and Adoption of a Resolution of the City Council of the City of Gilroy
Approving the Appointment and Employment Agreement
City of Gilroy City Council Page 4 of 4 July 10, 2023
prior to July 11, 2023.
Attachments:
1. Draft Resolution
2. Exhibit A Employment Agreement Karl Bjarke Retired Annuitant July 2023
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RESOLUTION NO. 2023-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY APPOINTING KARL BJARKE AS INTERIM
PUBLIC WORKS DIRECTOR AND APPROVING
EMPLOYMENT AGREEMENT
WHEREAS, Government Code Section 21221(h) permits the City Council to appoint
a retired annuitant to a vacant position requiring specialized skills during recruitment for a
permanent appointment and provides that such appointment will not subject the retired
person to reinstatement from retirement or loss of benefits so long as it is a single appointment
that does not exceed 960 hours in a fiscal year; and
WHEREAS, Karl Bjarke retired from California Public Employees’ Retirement System
employment in December 2017; and
WHEREAS, Karl Bjarke has over twenty-eight years of municipal engineering and
public works experience and most recently served as the City of Morgan Hill Public Works
Director from 2011 - 2017; and
WHEREAS, the position of Public Works Director became officially vacant on June
28, 2023, following the resignation of Daryl Jordan; and
WHEREAS, the Gilroy City Council desires to consent to the City Administrator’s
recommendation to appoint retired annuitant Karl Bjarke to the vacant position of Interim
Public Works Director for the City of Gilroy under Government Code Section 21221(h),
effective July 11, 2023; and
WHEREAS, Karl Bjarke has experience with municipal engineering to include
development engineering, transportation engineering, capital project engineering, South
County Regional Wastewater Authority work, and Public Works operations and maintenance
to include Streets, Wastewater, Water, Parks & Landscape, and Trees; and
WHEREAS, an appointment under Government Code Section 21221(h) requires that
the City has initiated steps to begin the recruitment process for the vacant position; and
WHEREAS, this Section 21221(h) appointment shall only be made once and therefore
will end on the date immediately preceding the date on which the permanent replacement for
the vacant position of Public Works Director for the City of Gilroy commences his or her
employment or, if earlier, the date that this appointment is terminated by the City or Karl
Bjarke; and
WHEREAS, the entire employment agreement between Karl Bjarke and the City of
Gilroy has been reviewed by this body and is attached hereto as Exhibit A; and
WHEREAS, no matters, issues, terms, and/or conditions related to this employment
and appointment have been or will be placed on the consent calendar; and
WHEREAS, the employment shall be limited to 960 hours per fiscal year; and
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Resolution No. 2023-XX
Appointment of Karl Bjarke as Interim Public Works Director
City Council Meeting | July 10, 2023
Page 2 of 3
WHEREAS, the compensation paid to retirees cannot be less than the minimum nor
exceed the maximum monthly base salary paid to other employees performing comparable
duties, divided by 173.333 to equal the hourly rate; and
WHEREAS, the maximum base monthly salary for this position is $21,031.25 and the
hourly equivalent is $121.33, and the minimum base monthly salary for this position is
$15,771.00, and the hourly equivalent is $90.99; and
WHEREAS, the hourly rate to be paid to Karl Bjarke will be $121.33; and
WHEREAS, Karl Bjarke has not and will not receive any other benefit, incentive
compensation in lieu of benefits, or any other form of compensation in addition to this hourly
pay rate.
NOW, THEREFORE, the City Council of the City of Gilroy hereby finds, determines,
and resolves as follows:
1.The City Council has considered the full record before it, which may
include but is not limited to such things as the staff report, testimony by
staff and the public, and other materials and evidence submitted or
provided to it. Furthermore, the recitals set forth above are found to be
true and correct and are incorporated herein by reference.
2.The City Council hereby certifies the nature of the employment of Karl
Bjarke as described herein and detailed in the attachment employment
agreement and that this appointment is necessary to fill the critically
needed position of Public Works Director for the City of Gilroy to provide
the specialized skills necessary to manage the City’s engineering and
public works functions.
3.The City Council hereby authorizes the appointment of Karl Bjarke to
Interim Public Works Director effective on July 11, 2023 pursuant to the
authority provided under Government Code Sections 21221(h), which
shall end on the date immediately preceding the date on which the
permanent replacement for the vacant position of Public Works Director
for the City of Gilroy commences his or her employment or, if earlier,
the date that this appointment is terminated by the City or Karl Bjarke.
4.The employment agreement with Karl Bjarke, a copy of which is
attached hereto as Exhibit A and will be maintained on file with the
Human Resources Department, is approved by the City Council,
effective on July 11, 2023.
5.The City Administrator is authorized to execute said agreement on
behalf of the City, with such technical amendments as may be deemed
appropriate by the City Administrator and City Attorney.
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Resolution No. 2023-XX
Appointment of Karl Bjarke as Interim Public Works Director
City Council Meeting | July 10, 2023
Page 3 of 3
PASSED AND ADOPTED this 10th day of July 2023 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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EXHIBIT A
RETIRED ANNUITANT EMPLOYMENT AGREEMENT
The Retired Annuitant Employment Agreement (“Agreement”) is made by and between the City of
Gilroy, a municipal corporation of the State of California (“City”) and Karl Bjarke, an individual
(“Retired Annuitant”) as of July 11, 2023 (“Effective Date”).
RECITALS
A. Retired Annuitant previously was employed by the City of Morgan Hill and other California Public
Employees’ Retirement System (CalPERS) employers since 1989, having previously served as Morgan
Hill’s Public Works Director from 2011-2017; and
B.Retired Annuitant retired from public service effective December 2, 2017 and began collecting a
retirement pension from the California Public Employees’ Retirement System (CalPERS); and
C. The City has a vacancy in the position of Public Works Director, a regular position for which the
City will commence steps to initiate the recruitment for a permanent appointment prior to July 11, 2023;
and
D. The City has an immediate need for an employee to temporarily perform the position of Public
Works Director, a position involving specialized skills and training and which is critically necessary to
the on-going duties and functions of the City’s Public Works Department; and
E. Retired Annuitant has the necessary qualifications, experience and abilities to assist City in the
duties of leadership and management of the Public Works Department; and
F. Retired Annuitant’s employment is authorized by Government Code section 21221(h), which permits
the City to appoint a CalPERS retired annuitant to a vacant posi tion requiring specialized skills during
recruitment for a permanent replacement; and
G. City desires to retain the services of Retired Annuitant in accordance with California Government
Code Section 21221(h) and Retired Annuitant agrees to provide certain services to City under the strict
terms and conditions set out in this Agreement; and
In consideration of this matter described above and of the mutual benefits and obligations set forth in
this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the parties
of this Agreement agree as follows:
AGREEMENT
Section 1. Term of Services
The term of this Agreement is from July 11, 2023 until such time as a permanent replacement for the
position of Public Works Director has been selected and has commenced employment, unless
terminated sooner as provided below.
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Section 2. Scope of Services
Retired Annuitant, as an officer of the city, agrees to perform the following duties related to the Gilroy
Public Works Department:
a.Plan, direct, and coordinate the activities of the Public Works Department.
b.Serve as a technical advisor to the City Administrator and other department heads on public
works related matters.
c.Develop and direct the implementation of goals, objectives, policies, procedures, and work
standards for the Public Works Department.
d.Plan, organize, assign, direct, review, and evaluate public works and engineering activities,
including project planning, design, construction, and inspection.
e.Plan, organize, assign, direct, review, and evaluate all maintenance activities, including the
areas of streets, storm drains, parks, water and wastewater utilities, and trees.
f.Perform preliminary and final engineering review and consultation on public and private
projects with developers, designers, and project engineers; review and sign maps, plans,
specifications, and projects for compliance with sound engineering practices and existing laws;
review initial studies and environmental impact reports for adequate mitigation of infrastructure
impacts.
g.Confer with City officials and community groups on proposed public works projects.
h.Prepare and present comprehensive technical reports.
i.Direct the departmental budget to include: preparing division budgets, preparing the annual
five-year and ten-year capital improvement budgets, and monitoring revenues and
expenditures. Research, analyze, and make recommendations for cost effective departmental
operations to include: designing, administering, and evaluating departmental programs and
services; addressing process issues; and implementing required changes.
j.Select, train, and evaluate department personnel.
k.Monitor developments related to municipal engineering and public works matters; evaluate
their impact upon City operations and recommend policy and procedural improvements.
l.Coordinate the activities of the Public Works Department with those of other departments and
agencies. Meet with and represent the City in project development and negotiations with
regional agencies such as CalTrans, Valley Transportation Authority (VTA), and the Santa
Clara Valley Water District (SCVWD).
m.Present before City Council, public agencies, civic groups, and other organizations regarding
Public Works Department projects and programs.
n.Any other duties or assignments typically assigned to the Public Works Director.
Retired Annuitant will report directly to the City Administrator. Retired Annuitant shall comply with
all City rules, policies, guidelines, regulations, and laws.
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Section 3. Compensation; Hours
City agrees to compensate Retired Annuitant at $121.33 per hour for all services provided under this
Agreement. Payments from City to Retired Annuitant shall be made during the normal payroll cycles
of other City employees.
City has reviewed and compared the hourly rate set forth in this Section with other employees
performing comparable duties and the hourly rate set forth in this Section does not exceed such other
employee’s compensation.
Retired Annuitant agrees and acknowledges that he shall not perform any services under this
Agreement exceeding a total of nine hundred sixty (960) hours during any fiscal year (July 1 to June
30) inclusive of any hours worked during the same period for other CalPERS employers as a retired
annuitant. Retired Annuitant shall record his hours on a pre-approved timesheet that shall be submitted
to the City every month.
The position is a temporary, hourly assignment which is generally not expected to exceed 40 hours per
week. The City, through the City Administrator, will assign Retired Annuitant hours to work. Due to
the nature of the position, it is understood that the workday and workweek hours may vary, however
Retired Annuitant shall not work overtime (i.e. in excess of 40 hours per week) as payment of overtime
is prohibited under Government Code Section 21221(h).
There are no other benefits, incentives, compensation in lieu of benefits or other forms of
compensation in addition to the hourly pay rate set forth in this Section.
Section 4. Location
The primary locations for services will be at the following addresses:
Gilroy City Hall, 7351 Rosanna Street, Gilroy, California 95020
Gilroy Corporation Yard, 613 Old Gilroy Street, Gilroy, California 95020
Section 5. Compliance with Laws
This Agreement will be construed in accordance with and governed by the laws in the State of
California. In the event that suit shall be brought by any of the parties, the parties agree that venue
shall be exclusively vested in the state courts of the County of Santa Clara, or if federal jurisdiction is
appropriate, exclusively in the United States District Court, Northern District of California, San Jose,
California. Retired Annuitant shall comply with all applicable laws, rules, policies, and guidelines.
Retired Annuitant agrees and acknowledges that the State of California and the governing body of the
California Public Employees’ Retirement System enact strict laws, regulations and guidelines relating
to services provided by “retired annuitants” to public agencies contracting with the California Public
Employees’ Retirement System. Retired Annuitant agrees to comply with all applicable laws,
regulations and guidelines relating to the services provided under this Agreement.
Section 6. Termination
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This Agreement may be terminated by either party for convenience by providing written notice to the
other party.
Section 7. Miscellaneous
a. Retired Annuitant has read each and every part of this Agreement and Retired Annuitant freely and
voluntarily has entered into this Agreement. This Agreement is a negotiated document and shall not be
interpreted for or against any party by reason of the fact that such party may have drafted this
Agreement or any of its provisions.
b. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid,
void, or unenforceable, the provisions of this Agreement not so adjusted shall remain in full force and
effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the
validity of any other provision of this Agreement.
c. This Agreement represents the entire and integrated agreement between City and Retired Annuitant
and supersedes all prior negotiations, representations, or agreements, either written or oral.
In witness where of the parties have duly affixed their signatures on this __ day of July, 2023.
Employer: City of Gilroy
Jimmy Forbis, City Administrator
Retired Annuitant:
Karl Bjarke
Approved as to Form:
Andrew L. Faber, City Attorney
Attest:
Thai Nam Pham, City Clerk
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