03/02/2023 Planning Commission Regular Agenda Packet
March 2, 2023 | 6:00 PM Page 1 of 3 Planning Commission
Regular Meeting Agenda
PLANNING COMMISSION
REGULAR MEETING AGENDA
Thursday, March 2, 2023 | 6:00 PM
CITY COUNCIL CHAMBERS, CITY HALL
7351 ROSANNA STREET, GILROY, CA 95020
Chair: Manny Bhandal:
manny.bhandal@cityofgilroy.org
Vice Chair: Annedore Kushner:
annedore.kushner@cityofgilroy.org
Commissioners:
Stefanie Elle:
stefanie.elle@cityofgilroy.org
Adriana Leongardt:
adriana.leongardt@cityofgilroy.org
Joan Lewis:
joan.lewis@cityofgilroy.org
Kelly Ramirez
kelly.ramirez@cityofgilroy.org
Michelle Montez:
michelle.montez@cityofgilroy.org
Staff Liaison: Sharon Goei, Community Development Director | sharon.goei@cityofgilroy.org
Written comments can be submitted by email to planningdivision@cityofgilroy.org Please note that
written comments will not be read out loud, but will be part of the written record.
Comments by the public will be taken on any agenda item before action is taken by the Planning
Commission. Persons speaking on any matter are asked to state their name and address for the
record. Public testimony is subject to reasonable regulations, including but not limited to time
restrictions on particular issues and for each individual speaker. A minimum of 12 copies of
materials should be provided to the Clerk for distribution to the Commission and Staff. Public
comments are limited to no more than three-minutes, at the Chair’s discretion.
Comments on any agenda item may be emailed to the Planning Division at
planningdivision@cityofgilroy.org or mailed to the City of Gilroy, Community Development Department
at City Hall, 7351 Rosanna Street, Gilroy, CA 95020. Comments received by the Planning Division
by 1:00 pm on the day of a Planning Commission meeting will be distributed to the Planning
Commissioners prior to or at the meeting and are available for public inspection at the Planning
Division counter at City Hall, 7351 Rosanna Street. Any correspondence received will be
incorporated into the meeting record. Items received after the 1:00 pm deadline will be provided to
the Planning Commission as soon as practicable.
In compliance with the American Disabilities Act (ADA), the City will make reasonable
arrangements to ensure accessibility to this meeting. If you need special assistance to participate
in this meeting, please contact the City Clerk 72 hours prior to the meeting at (408) 846-0491. A
sound enhancement system is available in the City Council Chambers.
Planning Commission
Regular Meeting Agenda Page 2 of 3 March 2, 2023 | 6:00 PM
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 Planning Commission 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.
Persons who wish to speak on matters set for Public Hearing will be heard when the presiding
officer calls for comments from those persons who are in support of or in opposition thereto. After
persons have spoken, the hearing is closed and brought to the Planning Commission level for
discussion and action. There is no further comment permitted from the audience unless requested
by the Planning Commission.
A Closed Session may be called during this meeting pursuant to Government Code Section
54956.9(b)(1) if a point has been reached where, in the opinion of the legislative body of the City
on the advice of its legal counsel, based on existing facts and circumstances, there is a significant
exposure to litigation against the City.
Materials related to an item on this agenda submitted to the Planning Commission after distribution
of the agenda packet are available for public inspection with the agenda packet in the lobby of
Administration at City Hall, 7351 Rosanna Street during normal business hours. These materials
are also available with the agenda packet on the City website at www.cityofgilroy.org
KNOW YOUR RIGHTS UNDER THE GILROY OPEN GOVERNMENT ORDINANCE.
Government's duty is to serve the public, reaching its decisions in full view of the public.
Commissions, task forces, councils and other agencies of the City exist to conduct the
people's business. This ordinance assures that deliberations are conducted before the
people and that City operations are open to the people's review.
FOR MORE INFORMATION ON YOUR RIGHTS UNDER THE OPEN GOVERNMENT
ORDINANCE, TO RECEIVE A FREE COPY OF THE ORDINANCE OR TO REPORT A
VIOLATION OF THE ORDINANCE, CONTACT THE OPEN GOVERNMENT COMMISSION
STAFF AT (408) 846-0204 or by email at cityclerk@cityofgilroy.org.
1. OPENING
2. PLEDGE OF ALLEGIANCE
3. REPORT ON POSTING THE AGENDA AND ROLL CALL
4. PUBLIC COMMENTS
(Three-minute time limit). This portion of the meeting is reserved for persons desiring to
address the Planning Commission on matters not on the agenda. The law does not permit
the Planning Commission action or extended discussion of any item not on the agenda except
under special circumstances. Comments on any agenda item may be emailed to the Planning
Division at planningdivision@cityofgilroy.org or mailed to Community Development
Department at City Hall, 7351 Rosanna Street, Gilroy, CA 95020. Comments received by the
Planning Division by 1:00pm on the day of a Planning Commission meeting will be distributed
to the Planning Commission prior to or at the meeting and available for public inspection with
the agenda packet located in the lobby of Planning Division at City Hall, 7351 Rosanna Street
prior to the meeting. Any correspondences received will be incorporated into the meeting
record. Items received after 1:00pm deadline will be provided to the Planning Commission as
Planning Commission
Regular Meeting Agenda Page 3 of 3 March 2, 2023 | 6:00 PM
soon as practicable. All statements that require a response will be referred to staff for reply in
writing.
PUBLIC HEARINGS FOR RELATED PROJECT APPLICATIONS WILL BE HEARD
CONCURRENTLY AND ACTION WILL BE TAKEN INDIVIDUALLY. COMPANION
PROJECTS UNDER NEW BUSINESS WILL BE TAKEN UP FOR ACTION PRIOR TO, OR
IMMEDIATELY FOLLOWING THE RELATED PUBLIC HEARING. THIS REQUIRES
DEVIATION IN THE ORDER OF BUSINESS AS NOTED WITHIN THE AGENDA.
5. CONSENT AGENDA
5.1. February 2, 2023 Planning Commission Meeting Minutes
6. PUBLIC HEARINGS
No items.
7. NEW BUSINESS
7.1. Update to Planning Commission Rules and Regulations/Bylaws Regarding
Attendance
1. Staff Report: Sharon Goei, Community Development Director
2. Possible Action:
Staff recommends that the Commission amend the Planning Commission Rules
and Regulations/Bylaws regarding attendance as required by City Council
Resolution No. 2022-58.
7.2. FY 2023-24 and FY 2024-25 Planning Commission Workplan, Training, and
Budget
1. Staff Report: Sharon Goei, Community Development Director
2. Possible Action:
Staff recommends that the Planning Commission commence efforts to prepare
its Fiscal Year 2023-24 and Fiscal Year 2024-25 Planning Commission
Workplan, including training and budget requests.
7.3. Commission Input on the Update of the 2019 Board, Commission &
Committee Member Handbook
8. INFORMATIONAL ITEMS
8.1. Planning Division Staff Approvals
9. PLANNING DIVISION REPORT
10. ASSISTANT CITY ATTORNEY REPORT
11. ADJOURNMENT To the Next Meeting of April 6, 2023 at 6:00 PM
Page 1 of 5
City of Gilroy
Planning Commission
Regular Meeting Minutes
Thursday, February 2, 2023 | 6:00 PM
1.OPENING
Tonight’s meeting was called to order by Chair Bhandal at 6:00 p.m.
2.PLEDGE OF ALLEGIANCE
Chair Bhandal led the pledge of allegiance.
3.REPORT ON POSTING THE AGENDA AND ROLL CALL
The agenda was posted on Friday, January 27, 2023 at 5:27 p.m.
Attendee Name Title Status
Manny Bhandal Chair Present
Annedore Kushner Vice Chair Present
Stefanie Elle Planning Commissioner Present
Adriana Leongardt Planning Commissioner Present
Joan Lewis Planning Commissioner Present
Michelle Montez Planning Commissioner Present
Kelly Ramirez Planning Commissioner Present
4.PUBLIC COMMENTS
Chair Bhandal opened public comment for items not on the agenda.
There being no speakers, Chair Bhandal closed public comment for items not on the
agenda.
5.CONSENT AGENDA
5.1.January 19, 2023 Planning Commission Meeting Minutes
Motion made by Chair Bhandal; seconded by Commissioner Lewis to approve the
consent agenda.
RESULT: Pass
MOVER: Chair Bhandal
SECONDER: Commissioner Lewis
AYES: Commissioners Elle, Leongardt, Lewis, Montez, Ramirez, Vice Chair
Kushner, and Chair Bhandal
6.PUBLIC HEARINGS
6.1.Electronic Billboard Ordinance and IS/MND (Z 18-04)
1. Staff Report:
Cindy McCormick, Customer Service Manager
February 2, 2023 | 6:00 PM Page 2 of 5 Planning Commission
Regular Meeting Minutes
2. Open Public Hearing
Chair Bhandal opened the item to public hearing.
Tsui Li with FirstCarbon Solutions, the environmental consultant for this project,
provided additional information about the environmental aspect of the project to
the Planning Commission.
Robert Weaver provided a public comment.
Connie Rogers provided a public comment.
Dr. Paul Lynam provided a public comment.
Michelle Nelson provided a public comment.
Danny Mitchell provided a public comment.
Jeff Orth provided a public comment.
John Miller provided a public comment.
Jason Heap provided a public comment.
Les Levitt provided a public comment.
Michele Campbell provided a public comment.
Mike Conrotto, the project applicant, provided additional information about the
project to the Planning Commission and answered questions.
Sean Marciniak, the project applicant’s Outfront Media representative, provided
additional information about the project to the Planning Commission and
answered questions.
Jeff McCuen, the project applicant’s Outfront Media representative, provided
additional information about the project to the Planning Commission and
answered questions.
3. Close Public Hearing
There being no further speakers, Chair Bhandal closed the item to public
hearing.
4. Disclosure of Ex-Parte Communication
None.
5. Possible Action:
Staff has analyzed the proposed project, and recommends that the Planning
Commission:
February 2, 2023 | 6:00 PM Page 3 of 5 Planning Commission
Regular Meeting Minutes
a) Recommend that the City Council, based on its independent analysis, adopt
the Mitigated Negative Declaration (MND) and find that: the MND was completed
in compliance with the California Environmental Quality Act (CEQA); there is no
substantial evidence that the project will have a significant effect on the
environment; and the MND reflects the City’s independent judgment and
analysis; and
RESULT: Fail
MOVER: Chair Bhandal
SECONDER: Commissioner Lewis
AYES: Commissioners Lewis, Montez, and Chair Bhandal
NAYS: Commissioners Elle, Leongardt, Ramirez, and Vice Chair Kushner
The City Attorney advised the Commission that in light of the previous motion
not to adopt the IS/MND, the only course of action open to the Commission was
to deny the application.
6. Alternative Action:
b) Recommend that the City Council not adopt an Ordinance (Z 18-04)
proposing changes to Section 30.37.30 (Prohibited Signs), Section 30.37.50
(Commercial and Industrial Districts), and Section 30.37.51 (Freeway Oriented
Signs) and creating a new Zoning Ordinance Article LV (Electronic Billboards).
This motion is to deny the application.
Members of the Commission then discussed their concerns with the project. The
City Attorney and the maker of the motion clarified that the motion is a denial of
the application. Chair Bhandal called for the vote.
RESULT: Pass
MOVER: Commissioner Ramirez
SECONDER: Vice Chair Kushner
AYES: Commissioners Elle, Leongardt, Ramirez, and Vice Chair Kushner
NAYS: Commissioners Lewis, Montez, and Chair Bhandal
6.2.Architectural and Site Review Permit to amend the Plaza Allium sign
program, located on property at the northeast corner of Tenth Street and
Chestnut Street, Application No. AS 22-24
1. Staff Report:
Kraig Tambornini, Senior Planner
2. Open Public Hearing
Chair Bhandal opened the item to public hearing.
3. Close Public Hearing
There being no speakers, Chair Bhandal closed the public hearing.
4. Disclosure of Ex-Parte Communication
None.
February 2, 2023 | 6:00 PM Page 4 of 5 Planning Commission
Regular Meeting Minutes
5. Possible Action:
Staff has analyzed the proposed project and recommends that the Planning
Commission take the following actions:
a) Recommend that the City Council, based on its independent analysis,
determine pursuant to CEQA Guidelines Section 15162, that the proposed
amendment to the approved sign program is adequately assessed by the
Mitigated Negative Declaration (MND) (SCH # 2021060521) adopted for the
commercial development project on September 20, 2021, and that no
subsequent environmental review shall be required.
RESULT: Pass
MOVER: Commissioner Ramirez
SECONDER: Commissioner Leongardt
AYES: Commissioners Elle, Leongardt, Lewis, Montez, Ramirez, Vice Chair
Kushner, and Chair Bhandal
b) Adopt a resolution recommending that the City Council approve the proposed
sign program amendment AS 22-24.
RESULT: Pass
MOVER: Chair Bhandal
SECONDER: Commissioner Leongardt
AYES: Commissioners Elle, Leongardt, Lewis, Montez, Ramirez, Vice Chair
Kushner, and Chair Bhandal
7.NEW BUSINESS
None.
8.INFORMATIONAL ITEMS
8.1.2023 Planning Commission Meeting Schedule
Chair Bhandal reminded the Planning Commission that they are set to meet
every first Thursday of the month and reserve the third Thursday of the month
for a special meeting in the event that one must be held.
8.2.Planning Division Staff Approvals
None.
9.PLANNING DIVISION REPORT
Community Development Director, Sharon Goei, informed the Commission of the
upcoming League of California Cities Planning Commissioner 2023 Academy event that
the commissioners will have an opportunity to attend.
10.ASSISTANT CITY ATTORNEY REPORT
None.
11.ADJOURNMENT To the Next Meeting of March 2, 2023 at 6:00 PM
February 2, 2023 | 6:00 PM Page 5 of 5 Planning Commission
Regular Meeting Minutes
Chair Bhandal adjourned the meeting at 8:11 p.m.
Ariana Fabian
Ariana Fabian, Planning Technician
City of Gilroy
Planning Commission
STAFF REPORT
Agenda Item Title:Update to Planning Commission Rules and
Regulations/Bylaws Regarding Attendance
Meeting Date:March 2, 2023
From:Sharon Goei, Community Development Director
Department:Community Development
Submitted By:Sharon Goei, Community Development Director
RECOMMENDATION
Staff recommends that the Commission amend the Planning Commission Rules and
Regulations/Bylaws regarding attendance as required by City Council Resolution No.
2022-58.
BACKGROUND
At the August 1, 2022 City Council meeting, the City Council adopted Resolution No.
2022-58, which revised the attendance policy for all Boards, Commissions and
Committees.
At the September 1, 2022 Planning Commission meeting, staff notified the Commission
about the change. Staff is bringing the language change to ensure the Rules and
Regulations/Bylaws reflect the new policy.
ANALYSIS
Staff recommends revising the section on attendance in the Planning Commission Rules
and Regulations/Bylaws to read as follows:
18.ATTENDANCE: Commission members are expected to attend all
meetings of the Commission and abide by the City of Gilroy
Policy Governing Board, Commission and Committee Attendance.
ABSENCES: Any member of the Commission who knows he/she will
not be able to attend a scheduled meeting shall notify the Planning
Division staff liaison at the earliest possible opportunity and, in no
Update to Planning Commission Rules and Regulations/Bylaws
City of Gilroy Page 2 of 2 March 2, 20235
4
6
case, not less than 72 hours before the start of a regular meeting for
an excused absence.
An emergency absence is an absence caused by a sudden
emergency, including, but not limited to, the illness, hospitalization, or
accident of the member, the member’s parent, spouse or domestic
partner, or dependent. Such absences shall be reported to the staff
liaison as soon as practicable.
Each member shall be allowed two excused absences, and one
emergency absence from regular meetings per calendar year.
Any absence from a regular meeting in excess of the two excused
absences and one emergency absence in a calendar year shall be
deemed unexcused. A member with an unexcused absence shall be
removed from their seat.
Attachments:
1. 9/1/2022 Planning Commission Report, including attachment of City Council Resolution
No. 2022-58
2. Planning Commission Rules and Regulations/Bylaws
Community Development
Department
7351 Rosanna Street, Gilroy, California 95020-61197
Telephone: (408) 846-0451 Fax (408) 846-0429
http://www.cityofgilroy.org
DATE: September 1, 2022
TO: Planning Commission
FROM: Cindy McCormick, Customer Service Manager
SUBJECT: Attendance Policy for City Boards, Commissions and Committees
RECOMMENDATION:
Accept the Report
BACKGROUND
In 2018 the City Council adopted an attendance policy to institute standards for all
Boards, Commissions and Committees, stemming from concerns about excessive
absences and meeting cancellations of several of these groups. Since the creation of
the policy, there have been several occasions in which staff needed clarification from
the City Clerk and the City Attorney’s Office.
NEW ATTENDANCE POLICY
On August 1, 2022, the Council adopted a revised attendance policy that provides
further clarity and allows for absences based on percentage per calendar year and
creates specific steps in reporting absences. This policy will be implemented uniformly
for all Boards, Commissions and Committees of the City and will assist in maintaining a
quorum at our meetings. Reference Attached Resolution.
The new policy language addresses the following:
• Resets absences every calendar year (January 1st through December 31st)
• Creates a percentage of missed absences for regular meetings instead of a set
number to make exceptions for committees that do not meet monthly. Committees that
meet monthly, such as the Planning Commission, would permit four (4) total absences
before removal if all 12 scheduled meeting were held. Removal could occur after the
fifth absence (42%).
2
• Removes the terms of excused, unexcused, and emergency absences and
standardizes any types of absences from a regular meeting will be counted.
• Designates the Council to take action in an open meeting in order to remove a
member of a board/commission/committee.
NEXT STEPS
Staff will return to the Planning Commission with an amendment to the Planning
Commission bylaws to ensure the bylaws reflect these revised attendance standards.
Attachments:
1. Attendance Policy Resolution_No._2022-58
RESOLUTION 2022-58
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY AMENDING A POLICY GOVERNING BOARD,
COMMISSION AND COMMITTEE ATTENDANCE, AS
PREVIOUSLY ADOPTED BY RESOLUTION NO. 2018-41
WHEREAS, the City’s Boards, Commissions and Committees are established in order to
provide advice and recommendations to the City Council and City Administrator and play an
important role of providing broad representation of ideas into the processes of the City; and
WHEREAS, the City Council of the City of Gilroy wishes to establish attendance
standards for these Boards, Commissions and Committees and to create a systematic procedure for
reporting absences which applies to all members who are appointed by the City Council or City
Administrator; and
WHEREAS, the City Council of the City of Gilroy adopted Resolution 2018-41 that
approved a policy governing Board, Commission, and Committee attendance; and
WHEREAS, the City Council wish to amend the attendance policy for these Boards,
Commissions, and Committees.
NOW, THEREFORE, BE IT RESOLVED THAT
1. Resolution No. 2018-41 be rescinded in its entirety.
2. The City Council of the City of Gilroy adopts the attached policy governing Board,
Commission and Committee attendance, which is incorporated by this reference.
PASSED AND ADOPTED by the City Council of the City of Gilroy at a regular meeting
duly held on the 1st day of August, 2022 by the following roll call vote:
AYES: COUNCIL MEMBERS: BRACCO, HILTON, LEROE-MUÑOZ,
MARQUES, TOVAR, BLANKLEY
NOES: COUNCIL MEMBERS: ARMENDARIZ
ABSTAIN: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
APPROVED:
Marie Blankley, Mayor
ATTEST:
Thai Nam Pham, City Clerk
DocuSign Envelope ID: 24E14712-F39D-4025-B281-739C22DF1CEB
City of Gilroy
Policy Governing Board, Commission and Committee Attendance
BACKGROUND
The City of Gilroy’s Boards, Commissions and Committees are established in order to
provide advice and recommendations to the City Council and City Administrator, and in
the context of quasi-judicial Boards and Commissions such as the Planning Commission
and Building Board of Appeals, to make independent decisions and take administrative
actions. The Boards, Commissions and Committees of the City play an important role of
providing broad representation of ideas into the processes of the City.
The City Charter provides that, in additional to those Boards and Commissions
established by the City Charter, the Council may create by ordinance such advisory
boards and commissions as in its judgment are required, and may grant them such
powers and duties as are consistent with the provisions of the City Charter. In addition,
the Charter allows the Council by motion or the City Administrator with Council consent
to appoint temporary committees to render counsel and advice. The City Charter
describes that if a member absents themself from three consecutive regular meetings
without permission of such board or commission expressed in its official minutes, their
office shall become vacant.
PURPOSE AND APPLICATION
In addition to the Charter provision described above, this policy establishes attendance
standards for these Boards, Commissions and Committees for regular meetings and
creates a systematic procedure for reporting absences which applies to all Boards,
Commissions and Committees of the City whose members are appointed by the City
Council or City Administrator.
SECTIONS
I. Definitions
II. Absences
III. Reporting Absences
IV. Removal
SECTION I. DEFINITIONS
For the purposes of this Policy, the following definitions apply:
Body – City Boards, Commissions and Committees (including City-created task forces).
Member – An individual who has been appointed by the City Council or City Administrator
to a Body.
DocuSign Envelope ID: 24E14712-F39D-4025-B281-739C22DF1CEB
Absence – The failure of a Member to attend a scheduled meeting.
Regular Meeting – A routinely scheduled meeting of the body.
Staff Liaison – The City staff member responsible for the coordination of meetings of the
Body and facilitation of communications with the Members thereof.
SECTION II. ABSENCES
Each Member of a Body is expected to attend every Regular and special Meeting of the
Body.
Any Member 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. Where applying a 33%
calculation creates other than a whole number, normal number rounding to the nearest
whole number will be used.
SECTION III. REPORTING ABSENCES
Absences are to be reported through the Staff Liaison to the Body. Such reporting shall
be made by email, in person, or by phone, and shall be made no less than 72 hours
before a meeting if possible.
SECTION IV. REMOVAL
If a Member exceeds the number of allowed absences described in this policy, the City
Administrator shall report this fact to the City Council, which may decide in its discretion
that such absences warrant a declaration that the Member’s office shall become vacant.
DocuSign Envelope ID: 24E14712-F39D-4025-B281-739C22DF1CEB
CERTIFICATE OF THE CLERK
I, THAI NAM PHAM, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2022-58 is an original resolution, or true and correct copy of a city Resolution,
duly adopted by the Council of the City of Gilroy at a Regular Meeting of said held on Council
held Monday, August 1, 2022, at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this Monday, August 1, 2022.
Thai Nam Pham, CMC, CPMC
City Clerk of the City of Gilroy
Seal)
DocuSign Envelope ID: 24E14712-F39D-4025-B281-739C22DF1CEB
March 2, 2023December 2, 2021 (Updated)
RULES AND REGULATIONS FOR THE PLANNING COMMISSION
1. There shall be at least one regular meeting per month to be held the first Thursday at 6:00
p.m. in the City Council Chambers. Meeting dates may be changed, altered or deleted at
any regularly scheduled meeting as per California State law.
2. Additional meetings may be held at any time upon the call of the chair or by a majority of
the voting members of the Commission, or upon written request of the City Council
following at least twenty-four (24) hours notice to each member of the Commission
3. The Commission shall elect a chair and vice-chair at the meeting in January.
4. The duties and powers of the officers of the Planning Commission shall be:
A. Chair:
1) Preside at all meetings of the Commission.
2) Call special meetings of the Commission in accordance with these rules
and regulations.
3) Sign documents of the Commission.
4) See that all actions of the Commission are properly taken.
B. Vice-Chair:
1) During the absence, disability, or disqualification of the chair, the vice-
chair shall exercise or perform all the duties and be subject to all the
responsibilities of the chair.
5. Matters referred to the Commission by the City Council shall be placed on the calendar
for consideration and action at their next regular meeting of the Commission after such
reference, and after publication of adequate notice.
6. Four members of the Commission must be present to constitute a quorum.
7. The latest edition of Roberts Rules of Order shall be followed unless otherwise provided
for in these rules.
8. The Chair may debate from the chair and may vote on a motion, subject only to such
limitations of debate as are imposed upon members of the Commission by these Rules
and Regulations.
9. The member making a motion shall have the privilege of closing the debate.
10. To take action on a motion, there must be four (4) yes votes or four (4) no votes of
members of the Commission.
March 2, 2023December 2, 2021 (Updated)
11. The Commission may consider a request for reconsideration only during the same
meeting at which action was taken, and only at the request of a commissioner who voted
with the majority in the original decision on the matter.
12. Deadline for filing for placement on the agenda for public hearings shall be twenty days
prior to consideration by the Commission or such greater time as may be needed to
provide adequate notice. At that time, all applications and supporting material will be
presented to the Planning Division. Requests for continuance of matters scheduled for a
particular agenda item shall be filed in writing with the Planning Division, and
accompanied by the proper continuance fee, not later than eight (8) days prior to the
meeting.
13. Order of consideration for public hearing items:
A. Staff recommendation – Commission will refer to written report.
B. Questions of staff. Chair opens public hearing, and may set reasonable time limits
for presentations to the Commission. The Chair may limit the time to be spent on
an item.
C. The applicant of the public hearing item may make a presentation and
Commission may ask questions. Applicants shall be given a total of ten (10)
minutes to present and up to five (5) minutes of rebuttal time after the public
comments. Members of the public may make presentation and Commission may
ask questions. At the Chair’s discretion, the public may speak no more than one
(1) to three (3) minutes, depending on the number of speakers. If there are ten
(10) of fewer speaker requests on an agenda item, the limit for each speaker will
be three (3) minutes. Speakers are not allowed to delegate their time to another
speaker.
D. Chair closes public hearing.
E. Planning Commission disclosure of ex parte communications, discussion, motion,
additional discussion and vote on the matter.
14. Remaining agenda items will not be taken up after 10:30 p.m. unless requested by a
majority of the Commission.
15. Votes on resolutions shall be taken by roll call, and the chair shall vote last. Votes on
other agenda items to be by electronic and/or voice vote, and the chair shall announce
the outcome.
16. Except as provided for in section 11, no member of the Commission shall be allowed to
explain his or her vote or discuss the question while the roll is being called, and no
member shall be allowed to change his or her vote after the vote is announced by the
chair.
17. Any member of the Commission who has a conflict of interest on any matter shall
refrain from any manner of influencing or participating in the matter. The member shall
March 2, 2023December 2, 2021 (Updated)
announce on the public record the nature of the conflict, leave the City Hall Chamber
and refrain from discussing said item.
18. ATTENDANCE: Commission members are expected to attend all meetings of
the Commission and abide by the City of Gilroy Policy Governing Board,
Commission and Committee Attendance.
18. ABSENCES: Any member of the Commission who knows he/she will not be
able to attend a scheduled meeting shall notify the Planning Division staff
liaison at the earliest possible opportunity and, in no case, not less than 72
hours before the start of a regular meeting for an excused absence.
An emergency absence is an absence caused by a sudden emergency,
including, but not limited to, the illness, hospitalization, or accident of the
member, the member’s parent, spouse or domestic partner, or dependent. Such
absences shall be reported to the staff liaison as soon as practicable.
Each member shall be allowed two excused absences, and one emergency
absence from regular meetings per calendar year.
Any absence from a regular meeting in excess of the two excused absences
and one emergency absence in a calendar year shall be deemed unexcused. A
member with an unexcused absence shall be removed from their seat.
19. The vice-chair shall succeed the chair if the chair vacates such office before his/her term
is completed. The vice-chair shall serve the unexpired term of the vacated office. A
new vice-chair shall be elected at the next regular meeting.
20. These rules and regulations may be amended at any meeting of the Commission by a
majority of the membership of the Commission, providing that notice of said proposed
amendment is given to each member in writing at least one week prior to said meeting.
GENERAL ORDER OF BUSINESS:
PLEDGE OF ALLEGIANCE
REPORT ON POSTING THE AGENDA AND ROLL CALL
PUBLIC COMMENTS (Three-minute time limit)
CONSENT AGENDA
CONTINUED PUBLIC HEARINGS
PUBLIC HEARINGS
NEW BUSINESS
INFORMATIONAL ITEMS
PRESENTATION BY MEMBERS OF THE PLANNING COMMISSION
REPORTS BY COMMISSION MEMBERS
PLANNING MANAGER REPORT
ASSISTANT CITY ATTORNEY REPORT
ADJOURNMENT
City of Gilroy
Planning Commission
STAFF REPORT
Agenda Item Title:FY 2023-24 and FY 2024-25 Planning Commission
Workplan, Training, and Budget
Meeting Date:March 2, 2023
From:Sharon Goei, Community Development Director
Department:Community Development
Submitted By:Sharon Goei, Community Development Director
RECOMMENDATION
Staff recommends that the Planning Commission commence efforts to prepare its Fiscal
Year 2023-24 and Fiscal Year 2024-25 Planning Commission Workplan, including
training and budget requests.
BACKGROUND
The City of Gilroy prepares it budgets on a two-year cycle. The City’s fiscal year begins
on July 1 of each year and ends June 30 of the following year. For example, the current
fiscal year commenced July 1, 2022, and will end on June 30, 2023. The City is currently
in its second and final budget year from the previous budget cycle. The next two-year
budget cycle commences July 1, 2023 and will end June 30, 2025.
As part of the City’s two-year budget cycle, the City boards and commissions are asked
to present Council their workplans, and any associated budget requests. The Planning
Commission workplan would identify achievable tasks of the Commission for the next
two-year cycle. Staff recommends that this also include requests for training to better
prepare to conduct the work of the Commission in keeping with the charge provided by
the City Charter, Municipal Code, and City Council.
Tasks identified in the Workplan should follow SMART goals, meaning they should be:
Specific, Measurable, Achievable, Relevant, and Time-bound. Staff will document the
consensus of the Commission, which will be included for consideration in the City’s
budget process. Workplans and budget requests need to be completed by April 11, 2023.
ANALYSIS
Planning Commission FY 24 and 25 Workplan, Training, and Budget
City of Gilroy Page 2 of 2 March 2, 20235
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6
The Planning Commission is asked to initiate discussion of a Fiscal Year 2023-24 and
Fiscal Year 2024-25 Workplan. This item will be discussed and brought back for action at
the April 6, 2023 meeting. A working draft of a Planning Commission Workplan is attached
that identifies baseline tasks which the Commission is expected to complete in the
upcoming budget cycle.
Staff requests that the Planning Commission, through consensus, approve its Workplan
and include any training and budget requests for Fiscal Years 2023-24 and 2024-25. At
the meeting, staff will provide examples of conferences and training opportunities and
estimated costs for budgeting purposes.
Attachments:
1. Letter regarding budget development
2. Draft Workplan
February 10, 2023
To: Planning Commission
Re: City of Gilroy’s Fiscal Year 2024 and 2025 Budget Development
The City has commenced its budget development process for the Fiscal Years 2024 and 2025. This
process is a formal method through which the City Council establishes its priorities and goals for the
upcoming fiscal years. The budget is then developed to align with the established priorities and goals.
The City develops and adopts two one-year budgets, also known as biennial budget. Each fiscal year
begins on July 1st and ends on June 30th.
I would like to invite you to participate in the process by providing input on what you would like the
City Council to consider in this budget development. The input could include funding for professional
training, conferences, grants, or projects the board would like the City Council to consider. All input
received will be presented to the City Council. Based on the scope and request of funding, items may
either be automatically included as part of the recommended budget or presented to Council for further
consideration.
Request should include the following information:
•A description of the item you are requesting
•The justification of the request and how it may fit within any Commission Workplan
•An estimate of the cost for the request, including any revenue source (if applicable)
Request should be issued by the board collectively. An action to approve the recommendations is
encouraged. Please prepare a memo to the Board’s assigned Executive Sponsor. All requests should be
submitted no later than April 11, 2023.
Respectfully,
Jimmy Forbis
City Administrator
City of Gilroy
7351 Rosanna Street
Gilroy, California
95020
City Administrator’s Office
Telephone (408) 846-0250
http://www.cityofgilroy.org
WORKING DRAFT
City of Gilroy
Planning Commission
Work Plan FY 2023-24 and FY 2024-25
The Planning Commission is a 7-member body which acts as an advisory body to the City Council on matters of land use, and a
decision-making body on certain land use entitlements.
Topic/Activity Specific Tasks Resources
Required Completion
Development Review
Review and take action on various planning and
land use matters as required by municipal code,
items referred by staff or Council, environmental
documents, and land use entitlement applications
including conditional use permits, variances,
subdivisions, General Plan / Housing Element
amendments, zoning ordinance and map
amendments, specific plans, planned unit
developments, historic resources, street naming
when applicable, development related to bicyclists
and pedestrians.
Staff, Commission
Ongoing throughout
FY 2023-24 and FY
2024-25
Comprehensive Zoning
Code and Map Update
Review staff recommended modifications to Zoning
Ordinance in conformance with 2040 General Plan
Staff, City Attorney,
Commission Fall FY 2023-24
Capital Improvement Plan
General Plan Consistency
Pursuant to Government Code 65401, the CIP
shall be reviewed for conformance with the
adopted General Plan
Staff, Commission Spring FY 2023-24
and FY 2024-25
Commission Training
Provide the Commission with appropriate training
to adequately perform their assigned duties;
participate in off-site and/or virtual
workshops/conferences
Staff, City Attorney,
Budget
As needed
throughout FY
2023-24 and FY
2024-25
Produced by the Gilroy City Clerk’s Office
BOARD, COMMISSION
& COMMITTEE
MEMBER HANDBOOK
2019
WELCOME AND ORIENTATION
Welcome and thank you for your willingness to serve as a member of a
City of Gilroy Board, Commission or Committee. Advisory bodies play an
important role in city governance by assisting the City Council in addressing
specific issues in detail, lending professional expertise, and facilitating
community decision-making.
The City of Gilroy has a number of advisory bodies, each with distinct
responsibilities. As a new advisory body member you will need to familiarize
yourself with the documents governing your particular body including the City
Charter and ordinances, bylaws, relevant element(s) of the General Plan, and
current work plan goals, all available from your staff liaison. Reviewing these
documents will help you get a sense of your responsibilities.
This Handbook is designed to serve as a reference of the basic
procedures that apply to all City advisory bodies. Your staff liaison will facilitate a
general orientation to familiarize you with your advisory body and go over current
issues that have been under consideration.
Learning your role and developing an effective voice takes time and
familiarity. We hope this Handbook will assist you towards a satisfying and
productive experience. Your participation is deeply appreciated by the City
Council, by city staff, and by your community.
The vitality and strength of our community comes from the willingness of
people like you who serve Gilroy.
Respectfully,
Gilroy City Council and City Staff
Table of Contents
WELCOME AND ORIENTATION i
STRUCTURE OF CITY GOVERNMENT 1
Form of Government 2
City Council 2
Boards, Commissions and Committees 2
City Officers, Departments and Staff 3
BOARD, COMMISSION & COMMITTEE MEMBERSHIP 4
Appointments 5
Resignations and Removals 5
Attendance 5
Vacancies 5
Annual Recognition 5
Terms 6
BOARD, COMMISSION & COMMITTEE OFFICERS AND STAFF 7
Officers 8
Staff 8
Records 8
Expenses 8
PREPARATION FOR MEETINGS 9
Preparation 10
Action 10
Agenda Questions 10
Limits of Authority 10
Objectivity 10
Openness 10
Clarifications 11
Conflicts of Interests 11
Remote Participation 11
MEETINGS 12
Regular Meetings 13
Adjourned Meetings 13
Special Meetings 13
Subcommittees 13
Quorum 13
Agendas 14
Minutes 14
Procedure 15
Work Plan 15
Table of Contents (Continued)
MEETING MANAGEMENT 16
Proceedings 17
Decorum at Meetings 19
Effective Conflict Management 19
Basis for Your Decision 20
Motions 20
Role and Responsibilities of the Chair 21
ROLES, RESPONSIBILITIES AND RELATIONSHIPS 23
Council-Advisory Body Relationship 24
Code of Ethics and Values 24
Staff-Advisory Body Relationship 25
Staff Responsibilities 25
Relations with other Advisory Bodies 26
City Clerk 26
City Attorney 26
IMPOSED RESTRAINTS 27
Conflict of Interest 28
Public Records Laws 28
The Brown Act & Gilroy Open Government Ordinance 28
Discrimination and Equal Protection 29
Due Process 29
Reasonableness 29
Use of Public Property 29
Conflict of Interest Code: Disclosure Requirements 29
USE OF CITY EMAIL 29
THE STRUCTURE OF CITY
GOVERNMENT
THE STRUCTURE OF CITY GOVERNMENT
A. FORM OF GOVERNMENT
Generally, there are two sources of authority by which California cities
govern themselves. General Law cities adhere to the provisions and
requirements established as general law by the state of California. Charter cities
use the election process to adopt a charter or constitution, which sets forth the
basis and authority for all future actions not in contradiction with pre-emptive
state law. Gilroy is a Charter City as are approximately 20% of California cities.
B. CITY COUNCIL
The City Council is a 7 member body consisting of 6 Council Members
elected at large in even numbered years to staggered four-year terms, and one
directly elected Mayor serving a four-year term.
The City Council is the governing body of the City, vested with the
regulatory and corporate power of the municipal corporation. The Council serves
as the City’s board of directors and legislative body. It sets goals and priorities
and establishes policies. The Mayor is the presiding officer of the Council, and
the official spokesperson and representative of the City.
It is not possible for each Council Member to know all pertinent facts of
every given situation. For counsel and advice on the practical application of
established policy, reliance is placed on the service of interested citizens
appointed to the various advisory bodies. For technical and administrative
assistance, both the Council and the advisory bodies refer to the City
Administrator and the City Administrator’s staff.
C. BOARDS, COMMISSIONS AND COMMITTEES
There are two types of advisory bodies. One is permanent with duties,
responsibilities, and scope of authority is set forth in an enabling ordinance or the
Charter. The other is ad hoc and typically created by action of the Council to
serve a particular function during a specified time.
In both instances, the primary purpose of these entities is to gather
information, weigh public input, and examine issues in depth to render a
recommendation to the Council and the City Administrator. Certain advisory
bodies also have decision-making authority in certain circumstances.
A brief description of the various advisory bodies and their primary
functions is available from the City Clerk’s office.
D. CITY OFFICERS, DEPARTMENTS, AND STAFF
The City Council appoints the City Administrator, City Clerk and City
Attorney.
1. City Administrator
The City Administrator has complete responsibility and authority for
the administration of the City’s government. This individual is appointed
by, and serves at the pleasure of the Council, and is the appointing
authority for the City, selecting the department heads and other
employees.
2. City Clerk
The position of the City Clerk is established by state law, and has
responsibility for conducting all municipal elections, acting as legislative
support to the City Council, and maintaining all official city records. This
individual is appointed by, and serves at the pleasure of the City Council
3. City Attorney
The City Attorney is also appointed by, and serves at the pleasure
of the City Council, and is retained to advise the Council and staff on
questions of law, to represent the City in legal actions and other actions to
which the City is a party, or as otherwise may be requested by the City
Council.
4. Departments
The administration of Gilroy’s government is provided by the City
Administrator and the following departments: Administration, Community
Development, Finance, Fire, Human Resources, Police, Public Works and
Recreation. The heads of departments are appointed by the City
Administrator with the consent of the Council, and serve at his/her
pleasure. By virtue of their technical training and experience, they are
assigned by the City Administrator to provide staff assistance as needed
to the advisory body. However, the advisory bodies have no authority to
supervise or direct the work of city staff. This is done only through the City
Administrator.
BOARD, COMMITTEE & COMMISSION
MEMBERSHIP
BOARD, COMMITTEE & COMMISSION MEMBERSHIP
A. APPOINTMENTS
In order to be eligible for appointment to an advisory body (with the
exception of the Youth Commission), a person must be a qualified registered
voter of the City, and may not hold any paid office or employment in the City
government.
After application, interview and selection, board, committee and
commission appointments are made by majority vote of the Council for specified
terms, which are mostly four years in length. Each advisory body member must
be administered the oath of office by the City Clerk prior to being seated. In
some instances, disclosure of economic interests may be required by the city’s
Conflict of Interest Code under the regulations of the California Fair Political
Practices Commission.
B. RESIGNATIONS AND REMOVALS
If a member is unable to continue serving because of health, business
requirements or personal reasons, a letter or email of resignation should be
submitted to the staff liaison.
The position of any member is automatically vacated when the member
ceases to meet the qualifications for office, when Council accepts the member’s
resignation, or when the Council so declares.
C. ATTENDANCE
The City has attendance standards for all members of the City’s advisory
body’s. A member shall be automatically removed from an advisory body under
the following conditions:
1. A member has more than two excused absences and one
emergency absence from regular meetings in a calendar year.
(Resolution 2018-41)
2. A member absents themself from three consecutive regular meetings
without the approval of the body as expressed in its minutes.
D. VACANCIES
Vacancies are filled by appointment by the Council. Appointments made
in the middle of a term are for the unexpired portion of that term.
E. ANNUAL RECOGNITION
Advisory body members are honored annually at the city volunteer
appreciation event.
F. TERMS
No person shall serve more than two consecutive full terms on the same
policy body. A member who has served two consecutive full terms shall not be
eligible for reappointment to the same policy body for four years.
OFFICERS AND STAFF
OFFICERS AND STAFF
A. OFFICERS
Each year, every advisory body will select from its membership a
chairperson and a vice chairperson who serve at the pleasure of the advisory
body. The term is for one year. It is the chairperson’s duty to preside over
meetings and to present such reports as are required or requested by the
Council, and to act as the formal representative in communications with the
Council. The vice chairperson acts in this capacity when the chairperson is not
available.
B. STAFF
The services of the city staff assigned to the advisory body are
coordinated by the City Administrator. The City Administrator shall provide a
secretary for the recording of the minutes of each advisory body who shall keep a
record of its proceedings and transactions.
C. RECORDS
The agenda, meeting reports, minutes, audio or video and other official
records of an advisory body are public records. Agendas, minutes and notices of
adjournment or special meetings must be posted as required by the Ralph M.
Brown Act and Gilroy Open Government Ordinance.
D. EXPENSES
Necessary meeting space and equipment will be made available to the
advisory body. If a budget is provided, the advisory body is required to operate
within budgetary limitations, with all expenditures requiring prior approval by the
advisory body. Mileage and personal expenditures associated with attendance
at approved conferences, hearings and other meetings will be reimbursed
according to city policy. In all instances, the purchasing procedures of the City
apply.
PREPARATION FOR MEETINGS
PREPARATION FOR MEETINGS
A. PREPARATION
Be prepared. Thoroughly review the agenda packet, including agenda
reports, and any other materials before the meeting. The issues that come
before advisory bodies are important to the community as a whole and demand
your consistent attention. In agreeing to serve on an advisory body, you make a
commitment to put in the time required to prepare fully for each meeting.
B. ACTION
Understand what action you are being called upon to take for each
particular agenda item. Your agenda will clearly identify the recommendation the
policy body is being asked to make.
C. AGENDA QUESTIONS
If you have questions about the agenda or agenda report, contact your
staff liaison before the meeting to clarify questions or request further information.
D. LIMITS OF AUTHORITY
Know the responsibilities of your advisory body, as well as the limitations
of your individual authority. As a member of an advisory body you will be asked
to provide recommendations to the City Council about specific issues through
your policy body as a whole. Keep in mind that your appointment does not
empower you to supervise or direct City staff.
E. OBJECTIVITY
Keep an open mind. An objective, balanced, and receptive approach will
help you assess the facets of a given issue, and evaluate new ideas. When
receiving written and oral public testimony it will be necessary to discern between
fact and opinion, as well as between those concerns which are relevant and
those which are secondary to the issue at hand. Keeping an open mind will
make it easier for you to understand all sides of an issue before you make a
judgment or take a position. You will need to ensure you’ve been provided with
all of the facts before taking action.
F. OPENNESS
Strive to appreciate differences in approach and point of view. Diversity of
ideas sustains a thoughtful dialogue and a vibrant community. Likewise, take
care to articulate your own ideas: remember that your individual voice is a critical
part of the whole dialogue. Again, furthering common goals takes cooperation,
flexibility, and a broad-based view of the public interest. If in doubt, return to the
foundational documents to guide your understanding of the complexities of an
issue.
G. CLARIFICATIONS
If you are unsure about something before or during the meeting, ask for
clarification from you staff liaison to ensure your decisions are based on the facts
presented. On behalf of the public, your understanding of issues is important.
Each advisory body has a City staff liaison to provide information to assist the
members throughout the decision-making process.
H. CONFLICTS OF INTERESTS
Review each agenda item ahead of the meeting to determine if you may
have a conflict due to property or monetary interests. Speak with your staff
liaison before the meeting if you believe there is an item you must recuse from
deliberating on due to conflict of interest. Staff may need to consult with the City
Clerk or City Attorney You will be required to identify the reason for recusal and
must leave the dais of the body during the deliberation of the item.
I. REMOTE PARTICIPATION
If a member of the body wishes to participate in a meeting remotely, they
may be offered the opportunity to participate by teleconference or other means
under certain conditions. See you staff liaison well in advance to coordinate any
participation from a remote location as not all circumstances will afford you the
opportunity to participate remotely. The location must be freely accessible to the
public at all times during the meeting and shall be identified on the agenda which
will be posted at the remote location. At least a quorum of the members of the
body must participate from within the City boundaries.
MEETINGS
MEETINGS
A. REGULAR MEETINGS
Advisory bodies are required to hold regular meetings open to the public
as provided by the enabling ordinance or the City Charter. All such meetings are
held in City Hall or another City meeting facility, and may take place from time to
time elsewhere within the City limits for specific purposes. The agenda for these
meetings must be publically noticed on the City website and at City hall no less
than 72 hours prior to the meeting.
B. ADJOURNED MEETINGS
If the business to be considered at a regular meeting cannot be
completed, the advisory body then may designate a time and date for an
adjourned meeting. This must be announced to the members of the public who
are present at the time of adjournment, and so recorded in the minutes. A Notice
of Adjournment must be posted within 24 hours of the adjournment.
C. SPECIAL MEETINGS
A special meeting may be called by the chairperson or a majority of the
members. A Special Meeting Notice must be delivered to all advisory body
members, the City Clerk, and any interested parties, including news media,
which have made a request for such notification. The notice must contain the
time and place for such a meeting and the subject matter to be considered, and
be delivered at least 24 hours prior to the meeting.
D. SUBCOMMITTEES
The advisory body may request to appoint special subcommittees of less
than a majority of the advisory body to address issues within their scope who
then may meet to carry out the purpose of the subcommittee. Your staff liaison
can assist the body in determining the scope of proposed subcommittees. If the
subcommittee has a continuing subject matter or a regularly scheduled meeting
time, it may qualify as a Brown Act committee and public notice provisions will
apply.
E. QUORUM
A quorum consists of a majority of the total number of members of the
advisory body. A quorum is required to conduct business at any meeting whether
it is a regular, adjourned, or special meeting. Certain approvals require a majority
of the entire authorized membership. While it is expected that members be
present at all meetings, the staff liaison should be notified 72 hours in advance if
a member knows that he/she will be absent.
F. AGENDAS
Each advisory body has a staff liaison responsible for preparing an
agenda in consultation with the Chair, and distributing the agenda and supporting
documents in the agenda packet prior to each meeting. Future items to be heard
before an advisory body should be identified by the policy body at an agendized
meeting to assure placement on the desired agenda. Each policy body may have
its own agenda format, but each agenda must adhere to the Brown Act and
Gilroy Open Government Ordinance.
The Title and possible action of each item on the agenda shall be
descriptive and understandable to the public. The posted agenda also shall
indicate when opportunity is provided for members of the public to address the
advisory body. If an advisory body member or staff intends to bring up an item
for discussion or action, the item must be included on the agenda. Members of
advisory bodies may request that an item within the purview of the advisory body
be placed on a future agenda by making such a request at a meeting of the body.
Information items placed on an agenda may not be acted upon at the meeting.
Any member may, however, request that the informational item be placed on a
future agenda for action. Regular meeting agenda shall be posted at least 72
hours prior to any meeting in the public notice case and on the city website. A
notice of adjournment shall be posted at the door of the meeting, within 24 hours
of the adjournment of a meeting if a quorum is not present. Staff shall maintain a
record of the agenda and notice of adjournment posting.
Only those items appearing on an agenda may be considered at each
meeting. However, in cases of extreme emergency unanimous consent of all
members present may allow other matters to be introduced and action taken, if
urgency exists and delay would be harmful to the public interest.
G. MINUTES
Minutes are taken at each meeting to provide a record of when and where
the meeting took place, who was present, the type of meeting and what was
considered, decided and agreed upon. Summary minutes will reflect action taken
and any input the body was given to enable it to make its decisions. Emphasis is
given on the body’s thought process, not individual members’ thought processes.
The minutes will summarize only the main points which arose in discussion if,
and only if, they are relevant to the decision. The minutes are submitted to the
body for approval and are posted on the City website for public access no less
than 10 business days following the meeting. While other avenues exist for
communication of interest or opinion, the minutes of the advisory body remain
the official document of record.
H. PROCEDURE
Each advisory body may adopt such rules and procedures as it feels
necessary to accomplish its duties. Such rules are subject to Council approval
before becoming effective. In the absence of such rules, the guidelines on
parliamentary procedure contained in Roberts’ Rules of Order may be followed.
I. WORK PLAN
A work plan is the advisory body’s plan and statement of goals within the
purview of the advisory body for the year, prepared in coordination with staff. It
should reflect the goals, priorities and policies of the City Council. It identifies
important problems, challenges, and opportunities, offers a jointly developed plan
to address these over the course of the year, and furthers a sense of shared
purpose and responsibility among advisory body members. An adopted and
published work plan will:
• Establish viable short-range objectives that further the long-range
goals of the advisory body
• Provide group direction, and keep the advisory body on course
• Provide a basis for measuring accomplishment
• Assist in the allocation of time, energy, and resources
• Promote continuity of action, and help keep the big picture focused
For example, a work program may include community outreach activity, a plan
for addressing critical community issues, an education component, or any other
tasks the advisory body identifies as key work challenges for the upcoming year.
MEETING MANAGEMENT
MEETING MANAGEMENT
The City of Gilroy is committed to conducting efficient, effective and
accessible government operations. The following material outlines techniques
you can use to ensure that your advisory body meetings are efficiently run and
give all residents an equal opportunity to address the issues.
A. PROCEEDINGS
1. Let the Chair run the meeting.
2. Start meetings on time. Keep the agenda in mind in order to give
each item the appropriate time.
3. Announce at the start of a meeting if the order of agenda items is to
be rearranged for convenience for those attending for certain items,
or for better pacing of the agenda.
4. Be fair, impartial, and respectful of the public, staff, and each other.
Give your full attention when others speak.
5. Remember that people may be attending a meeting for the first
time, and may be unfamiliar with your procedures. In your
discussion, either avoid or explain technical terms or verbal
shorthand.
6. Listen to audience concerns. Don’t engage in side conversations or
otherwise be distracted during public testimony. The opportunity for
public testimony is central to the strength of democracy, and is
therefore encouraged. Active listening, however, does not mean
engaging the public in debate. Your response is appropriately
saved for after the public testimony is closed. Recognize
differences of opinion and remain neutral when listening to
concerns.
7. Close the public testimony before you begin deliberations on an
issue.
8. Sometimes questions can most effectively focus discussion and
direct decision-making. For example,
For staff:
What is the history behind this item?
What are the benefits and drawbacks?
What other alternatives did you consider?
For other advisory body members:
What do you think about this item?
What have you heard from the residents?
For the public (at a hearing):
What are your concerns?
How will this proposal affect you?
What specific, constructive, alternatives can you recommend?
For yourself:
What are we trying to accomplish?
What are the long-range interests of the community?
What guidance can be found in our foundational documents?
• Gilroy City Code
• Budget
• Capital Improvement Program
• General Plan
• Specific Plans
• Park Master Plans
• Council Goals
• Brown Act
9. Often you must balance multiple views, neither favoring nor
ignoring one individual or group over another. Your obligation is to
represent a broad-based view of the community’s long-range
interests.
10. Remember that most of the actions of your advisory body will be to
make recommendations. It is not simply a discussion group or
debating society.
11. Endeavor to end meetings by 9:00 p.m. Short breaks may be
helpful during long meetings. Late meetings can reduce the quality
of the advisory body’s work.
12. Meeting Types
Advisory bodies may meet in different types of meeting formats
including the conventional public meeting, and study sessions.
Please contact your staff liaison for a detailed explanation of these
formats and when they are appropriate.
B. DECORUM AT MEETINGS
1. Limit Speakers to your established speaking time. A suggested ten
minutes is recommended for a group or an applicant, and three
minutes for other members of the public.
2. Discourage outward signs of agreement or disagreement from the
audience such as applause or statements from the floor. Such
demonstrations can intimidate those with an opposing view and
unintentionally discourage open public discussion of all the issues
and points of view.
3. Limit your own comments to the issues before the advisory body.
Avoid the appearance of straying from the subject or
"grandstanding". Do not interrupt speakers during their comments
and save your qualifying questions for them until after they’ve
finished speaking.
C. EFFECTIVE CONFLICT MANAGEMENT
Public Hearings or citizen input can sometimes be difficult to manage.
Participants are sometimes highly motivated and often nervous. When there is a
group of potential adversaries in one room, the possibility of conflict is high. As
an advisory body member, your role is to guide opposing views to positive
results, not to eliminate them.
The following suggestions may help you manage conflict and
confrontation effectively:
Anticipate differences by learning about the topic beforehand so
you can concentrate on the meeting’s purposes
Set meeting rules early and make sure everyone abides by them
without exception.
Explain carefully the purpose of the Public Hearing and what action
is expected at the conclusion of the hearing. Insistence on playing
by the rules is your best tool for conflict management in Public
Hearings.
All persons speaking should be encouraged to clearly identify
themselves, not only for the record, but also so that you may
address them by name.
Set an acceptable time limit for testimony (generally three minutes)
and stick to it.
Make decisions as promptly as possible. Many bodies get so
bogged down in procedural distractions, petty details and endless
searches for more information that the issue never seems to get
resolved.
Don’t overreact to inflammatory comments. Most are expressions of
frustration and do not require answers. Turn frustration to
constructive avenues. Ask questions. Be as specific as you can.
Refer to the speaker by name. Reinforce areas where you agree.
Do not return insult for insult. Very often, the primary audience for
your response is not the person who raised the issue.
Avoid speaker-to-audience conversation. The purpose of a hearing
is to help your advisory body arrive at a decision, not to engage in
audience debate.
If members have questions of the speaker, permit these questions
following the speaker’s time at the podium.
Be careful not to prejudge the action of the advisory body. Use the
hearing to gather necessary information about the proposal and
individual desires concerning the proposal. Members should not
express their views on the proposal until after testimony has ended.
Once testimony has ended, each member should be invited to
discuss individual views on it.
View the Public Hearing as an example of participatory government
in action at the local level. Make it your personal goal to make the
Public Hearing work and ensure that everyone is fairly heard.
D. BASIS FOR YOUR DECISION
1. Advisory body decisions should be based principally on the factual
information presented to you in the open public meeting process. If
you collect pertinent information outside of the public process
through a meeting with stake holders or site visits, you are required
to share that information with your fellow advisory body members in
the public meeting. This sharing of information will ensure that
other advisory body members and members of the public have a
better understanding of the rationale for your decision.
2. Advisory body members are free to meet or refuse to meet with
residents, resident groups, developers or prospective contractors or
any persons outside of the public meeting process concerning
issues before the advisory body. If you meet with any individuals
outside of the public meeting you are required to disclose the
content of that meeting in the public meeting to again ensure that
everybody is aware of the facts and have similar information up on
which to base their decision.
E. MOTIONS
When a member wishes to propose an idea for the body to consider, the
member must make a motion. This is the only way an idea or proposal from a
member may be presented to the body for discussion and possible action. A
motion goes through the following steps:
1. The member asks to be recognized by the chair.
2. After being recognized, the member makes the motion (I move…).
3. Another member seconds the motion. No discussion should occur
until the chair determines whether there is a second to the motion
on the floor.
4. The chair states the motion and asks for discussion.
5. When the chair feels there has been sufficient discussion, the
debate is closed (i.e., “Are you ready for the question? or “Is there
any further discussion?”).
6. If no one asks for permission to speak, the chair puts the question
to vote through consensus or roll call vote.
7. After the vote, the chair announces the decision (“The motion is
carried” or “The motion fails”, as the case may be).
Phrasing a motion is often difficult and corrections may be necessary
before it is acted upon. Until the Chair states the motion (step 4), the member
making the motion may rephrase or withdraw it. After an amendment, the motion
as amended still must be seconded and then voted upon. It is particularly
important when a motion is amended that the Chair restate the motion in order
that members are clear as to what they are voting on.
In making a motion, members should try to avoid including more than one
proposal in the same motion. This is especially important when members are
likely to disagree. If a member would prefer to see proposals divided and voted
upon separately, the member should ask the chair to divide the motion. If other
members do not object, the chair may proceed to treat each proposal as a
distinct motion to be acted upon separately. The request to divide may also be
made by motion.
F. ROLE OF CHAIR
The Chair shall preserve order and decorum at all meetings of the
advisory body, announce the advisory body decisions, and decide questions of
order. The Chair is responsible for ensuring the effectiveness of the group
process. A good Chair balances moving the discussion forward with involving all
advisory body members and allowing for adequate public participation. In the
absence of the Chair the Vice chair shall act as presiding officer.
G. RESPONSIBILITIES OF CHAIR
Ensure that the public understands the nature of the issue being
discussed (for example, reason for discussion, process to be
followed, opportunities for public input, timeline for decision).
Keep discussion focused on the issue at hand.
Solicit opinions from advisory body members. Encourage
evaluation of new, tentative, or incomplete ideas. Discourage
overly dominant advisory body members from having
disproportionate control over the discussion.
Protect advisory body members, staff, and the public from personal
attacks.
Provide structure for addressing complicated issues.
For major items, delay analysis and action until the full range of
alternatives is on the table.
Attempt to reach decisions expeditiously on action items. At those
times when action would be premature, guide discussion toward a
timeline or framework for responsible action.
Maintain order and ensure respect for all opinions.
ROLES, RESPONSIBILITIES AND
RELATIONSHIPS
ADVISORY BODY ROLES, RESPONSIBILITIES AND RELATIONSHIPS
A. COUNCIL-ADVISORY BODY RELATIONSHIP
The primary purpose of all advisory bodies is to provide thoughtful advice
to the City Council, the elected policy-making body of the City. The advisory
body’s role can include hearing public testimony on the Council’s behalf, building
community consensus for proposals or projects, reviewing written material,
facilitating study of critical issues, guiding the implementation of new or
regulating established programs, assessing the alternatives regarding issues of
community concern, and ultimately forwarding recommendations to the Council
for consideration. There are times when the advisory body’s recommendation will
not be sustained or will be modified by the City Council. It is important to
recognize this not as a rejection of the integrity of the recommendation, but as an
inevitable part of the process of community decision-making.
Throughout this process, the form and formality of the relationship
between advisory body members and Council Members will vary. Some advisory
body members will have regular contact with individual Council Members, while
others may serve solely in the group context. This relationship will depend on
your advisory body as much as on you and the Council. For example, there are
times when the Chair may address the Council formally on behalf of the advisory
body, and other times when an advisory body member may meet with a Council
Member individually. At all times it is important to aim for clarity and mutual
respect for the different responsibilities and roles.
Members should avoid discussing the recommendations of the advisory
body with individual Council Members once a vote is taken, if it is for the purpose
of exerting influence. Written communications from the advisory body to the City
Council in sufficient time to be placed on the agenda is the acceptable method of
making recommendations to the Council. It is sometimes appropriate for the chair
or duly assigned member to be prepared to address the Council, to answer
questions from Council pertaining to the recommendations, and to clarify
ambiguities. It must be remembered that final authority and responsibility for
public policy decision rests with the City Council. The Council has appointed
advisory body members as advisors to them. This underlying philosophy makes it
improper for an individual advisory body member to try to persuade the Council
into the acceptance of a recommendation other than that voted by the majority of
the body. The role of an advisory body is to assist the Council in the formation of
policy, having been created for the purpose of advising, being a guide to public
opinion, and promoting specific projects in the community at large.
B. CODE OF ETHICS AND VALUES
The City Code of Ethics and Values shall be followed by appointed policy
body members inside, and outside of meetings, as representatives of the City.
C. STAFF-ADVISORY BODY RELATIONSHIP
Staff is assigned by the City Administrator to assist and act in a technical
advisory capacity to the advisory body. It is not expected that every staff
recommendation will be followed; however, because of the staff’s technical
knowledge, full consideration should be given to their recommendation. Just as
the advisory body is held accountable to the City Council, so is the staff to the
City Administrator. After the staff makes a report or recommendation to an
advisory body (which recommendation may or may not be followed), they are at
liberty to make the same recommendation to the City Council through the City
Administrator, even though the advisory body may have taken a different
position. The staff has been employed by the manager to provide technical
guidance. Staff members make objective recommendations without
consideration of personal or political consequences. Failure of a staff member to
provide service to the advisory body as directed by the City Administrator is basis
for complaint to be brought to the attention of the City Administrator. Since staff
personnel are directly responsible to the City Administrator, it is his/her
responsibility alone to allocate their time and resources in the interest of the total
city government.
The relationship of the advisory body and staff is an active and continuous
one. Both advisory body members and staff are motivated by the shared goal of
furthering the City’s best interests. Yet, while the goal is shared, there are times
when the approach and responsibility toward implementing the goal can be
different. Because the distinctions in responsibility are not always explicit,
cultivating a balanced understanding of your role is essential. The interaction
need never be adversarial, but rather can promote respect for different
perspectives, and appreciation for each other’s strengths.
Since the city staff works for and is accountable to the City Administrator,
advisory body members should not attempt to direct or decide the priority of work
for departments or individual staff persons. Advisory bodies should, however, set
priorities for their own agendas in order that staff may best use the time available
for the advisory body. An Advisory body’s goals and work programs must be
consistent with Council goals. If an advisory body wants to work on items other
than Council goals, the advisory body should seek Council concurrence first.
In contacting staff on official business, the proper channel is through the
advisory body Chair to the staff member assigned to the advisory body.
C. STAFF RESPONSIBILITIES
Important staff responsibilities include:
• Being informed about the latest developments in their field.
• Providing background and expressing views to the advisory body
on important issues.
• Providing administrative support, including agenda preparation and
taking of minutes at meetings.
• Maintaining a professional position on all topics.
• Helping the advisory body to stay on track and focused.
• Interpreting City Council, City department, and relevant state,
federal, and international actions and policies.
• Alerting advisory body members of possible detrimental actions.
• Presenting advisory body recommendations to the City Council.
• Describing precedents or operating procedures which affect the
decision.
D. RELATIONS WITH OTHER BOARDS, COMMISSIONS AND
COMMITTEES
In areas where there is overlap of jurisdiction between various advisory
bodies, it is important that the liaison be aware of the overlap to insure proper
consideration of the different viewpoints that may occur, and to minimize
duplications or conflicts. Further, joint meetings with the City Council and other
advisory bodies and committees may be mutually beneficial whenever two
bodies are simultaneously addressing the same topic. If a joint meeting is being
considered between advisory bodies, the staff liaisons will assist in logistical
considerations to coordinate such a joint meeting.
E. CITY CLERK
The City Clerk plays an important role for advisory bodies. The City Clerk
accepts and maintains applications, processes advisory body appointments,
updates membership rosters and bylaws, informational booklets, and yearly
attendance records. The City Clerk is also a resource with respect to the Brown
Act, Public Records Act, the City Charter, Gilroy Open Government Ordinance,
agenda and minutes processes, and meeting procedural questions. The City
Clerk is the filing officer for Statements of Economic Interests, and any other
required filing as identified by the City Council and the State.
F. CITY ATTORNEY
The City Attorney is a resource for understanding compliance with the
Brown Act, Public Records Act, the City Charter, the Gilroy Open Government
Ordinance, and agenda legality issues, meeting process questions, and conflict
of interest determinations. Staff liaisons will coordinate an assistance requested
of the City Attorney.
IMPOSED RESTRAINTS
IMPOSED RESTRAINTS
Certain limitations have been placed upon the powers of both the City
Council and its appointed advisory bodies by both statutory and case law. In
certain instances, application of these restraints may be crucial in the
governmental process. In instances of doubt, the City Attorney’s opinion should
be sought. Staff liaisons will coordinate an assistance requested of the City
Attorney.
A. CONFLICT OF INTEREST
As specified in state law, it is illegal for an advisory body member to have
an interest in any contract, sale, purchase, finding or transaction in which the
member is involved in an official capacity. Conflict of interest may disqualify the
advisory body member and invalidate any advisory body action where such
conflict exists. Any interest, whether personal, private or general that would tempt
an advisory body member to act in any manner other than the best public interest
should be examined and official action accordingly restricted. An interest that is
common to all similarly situated persons is not disqualifying to an action.
B. PUBLIC RECORDS LAWS
The Public Records Act found in the Government Code of the State of
California and the Gilroy Open Government Ordinance provides that categories
of official records of the city are open to inspection to any interested party at
reasonable times. Exceptions to this law are only those records specified in the
Act and Gilroy Open Government ordinance, such as records relative to legal
action in which the City is a party. All advisory body minutes, agenda, open
session audio records and supporting meeting documents, are public records
that must be disclosed.
C. THE BROWN ACT & GILROY OPEN GOVERNMENT ORDINANCE
The Ralph M. Brown Act is law which provides that no city advisory body
shall hold any meeting at which action is taken other than at a duly called and
regularly held meeting, notice of which is provided by agenda or by adjournment
of a prior meeting. A “Meeting” takes place whenever a quorum is present and
official business is considered. An agenda for each meeting must be posted at
least 72 hours in advance for regular advisory body meetings, and 24 hours for
special meetings. Advisory body members are permitted to socialize in a non-
meeting setting but must refrain from discussing any advisory body business.
Care should be taken to make sure that if a quorum of an advisory body
is gathered at a public or private place, no public business is discussed and that
the gathering will not be interpreted as a meeting. If a member discusses a
matter with a majority of other members, one at a time or in small groups, outside
of the public meeting, it will constitute a “Serial Meeting” and will violate the Act.
Care should also be taken with regard to emails. Never select “Reply All” to an
email to all advisory body members, or forward an email sent to you by one
advisory body member to another advisory body member as that could constitute
a quorum, and would violate the Act.
D. DISCRIMINATION AND EQUAL PROTECTION
All rules, regulations, laws, services and facilities must apply equally to all
persons, and not give favor to any segment of the community. Similarly, all laws
and ordinances of the city must afford equal protection to all facets of the
community, unless the purpose of a city action requires special classification of
the community.
E. DUE PROCESS
All governmental procedures and process must allow an affected party a
right to be heard, and to present controverting fact or testimony on the question
of right in the matter involved. Unfair determinations, such as bias,
predetermination, refusal to hear, etc., may invalidate actions.
F. REASONABLENESS
Every action of municipal government must be reasonable, or otherwise
stated, not arbitrary or capricious, or lacking in substantial evidence.
G. USE OF PUBLIC PROPERTY
Public property, equipment and facilities may not be used for private or
personal purposes. Facilities, equipment and supplies are provided by the city
but are limited to use in official functions only.
H. CONFLICT OF INTEREST CODE: DISCLOSURE REQUIREMENTS
Individuals serving on the Planning Commission, Building Board of
Appeals, Parks and Recreation Commission, Historic Heritage Committee and
the Physically Challenged Board of Appeals must file a Statement of Economic
Interest with the City Clerk to disclose personal interests in investments, real
property and income. This is done within 30 days of appointment date and
annually thereafter. The Conflict of Interest Code has been established and
adopted by the City Council pursuant to the California Fair Political Practices Act
(Government Code Section 87300 et seq.). Copies of the code are available
from the City Clerk.
I. USE OF CITY EMAIL
All appointed City advisory body members will be assigned a City email
account to conduct all city related email communication. These communications
are public records, and as such must be maintained on the city servers. All City
emails are subject to the Public Records Act and you may only use your City
email to conduct City business as an advisory body member. Please do not
forward or reply to a City email from your personal email address. Once your
term on the advisory body is over, your City email will be terminated.
As noted under the Brown Act section of this handbook, care should be
taken with regard to emails. Never select “Reply All” to an email to all advisory
body members or forward an email sent to you by one advisory body member to
another advisory body member since that could constitute a quorum. All
questions and concerns should be directed to the Chair and staff liaison.
Community Development
Department
7351 Rosanna Street, Gilroy, California 95020-6197
Telephone: (408) 846-0451 Fax: (408) 846-0429
http://www.cityofgilroy.org
TO:Planning Commission
FROM:Sharon Goei, Community Development Director
Kraig Tambornini, Senior Planner
DATE:March 2, 2023
SUBJECT:Planning Division Staff Approvals
In conformance with Gilroy Municipal Code Sections 30.50.20(b) and 30.50.46, the
following table lists all Minor Deviation approvals and all Architectural and Site
approval/denial actions taken by the Planning Division since the last report was
provided to the Planning Commission at its February 2, 2023 meeting.
APPROVED PROJECT #LOCATION PROJECT NAME & DESCRIPTION
1/12/2023 AS 22-07
7251 Eagle Ridge
Drive
Approval of a new hillside single-
family residence in the RH zone
district.
1/12/2023 AS 22-08
7265 Eagle Ridge
Drive
Approval of a new hillside single-
family residence in the RH zone
district.
DENIED PROJECT #LOCATION PROJECT NAME & DESCRIPTION
None
The current status of other planning projects is available online at:
https://www.cityofgilroy.org/298/Development-Activity-Projects