08/07/2023 City Council Regular Agenda Packet
August 7, 2023 | 6:00 PM Page 1 of 6 City Council
Regular Meeting Agenda Packet
CITY COUNCIL
REGULAR MEETING
AGENDA PACKET
CITY COUNCIL CHAMBERS, CITY HALL
7351 ROSANNA STREET, GILROY, CA
95020
MONDAY, AUGUST 7, 2023 | 6:00 PM
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 publiccomment@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.
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.
August 7, 2023 | 6:00 PM Page 2 of 6 City Council
Regular Meeting Agenda Packet
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 regular 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
2. CEREMONIAL ITEMS - Proclamations and Awards (NONE)
August 7, 2023 | 6:00 PM Page 3 of 6 City Council
Regular Meeting Agenda Packet
3. PRESENTATIONS TO THE COUNCIL
3.1. Parks and Recreation Commission Annual Presentation
3.2. PUBLIC COMMENT BY MEMBERS OF THE PUBLIC ON ITEMS NOT ON THE
AGENDA BUT WITHIN THE SUBJECT MATTER JURISDICTION OF THE
CITY COUNCIL
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 publiccomment@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 1:00 pm 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, Santa Clara County Library Joint
Powers Authority, Santa Clara Valley Water Joint Water Resources Committee, 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 – 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
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
August 7, 2023 | 6:00 PM Page 4 of 6 City Council
Regular Meeting Agenda Packet
Mayor Blankley – ABAG (alternate), CalTrain Policy Group, Downtown Committee, Gilroy
Economic Development Partnership, Gilroy Sister Cities Association (alternate), Gilroy
Youth Task Force, Santa Clara Valley Water Joint Water Resources Committee, SCRWA,
South County Youth Task Force Policy Team, VTA Board of Directors, VTA Mobility
Partnership Committee
5.COUNCIL CORRESPONDENCE (NONE)
6.FUTURE COUNCIL INITIATED AGENDA ITEMS
7.BOARD AND COMMISSION INTERVIEWS
7.1. Interviews for Open Seats on Youth Commission for Future Appointments
Scheduled for August 21, 2023
1.Staff Report: Thai Nam Pham, City Clerk
2.Possible Action:
1)Accept applications for open seats on the City of Gilroy Youth Commission
that were received after the July 21, 2023 deadline; and
2)Interview applicants for Youth Commission with vacancies as of August 7,
2023.
8.TRAINING ON FPPC REGULATIONS / CONFLICTS OF INTEREST / COUNCIL NORMS
8.1. City Attorney Annual Training - FPPC Regulations / Conflicts of Interest /
Council Norms
9.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.
9.1. Approval of the Action Minutes of the July 10, 2023 City Council Special
Meeting
9.2. Approval of the Action Minutes of July 19, 2023 City Council Special Study
Session
9.3. Approval of a Notice of Acceptance of Completion for the FY22 Citywide
Pavement Maintenance Project No. 22-PW-273 and Approval of a Final
Contract with McKim Corporation in the Amount of $4,472,160.94
9.4. Approval of a Notice of Acceptance of Completion and Reduction of the
Faithful Performance and Payment Security Bonds for Property
Improvement Agreement No. 2017-04, Wild Chestnut - Tract 10301
9.5. Approve Corrected Gilroy Police Officers Association Salary Schedules for
the Period July 1, 2023 - June 30, 2025
9.6. Claim of Steve Kinney (The City Administrator recommends a "yes" vote
under the Consent Calendar shall constitute denial of the claim)
August 7, 2023 | 6:00 PM Page 5 of 6 City Council
Regular Meeting Agenda Packet
10.BIDS AND PROPOSALS (NONE)
11.PUBLIC HEARINGS
11.1. Continued Public Hearing for 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, and find that it is exempt from CEQA Guidelines
Section 15332.
11.2. Consideration of the Report of Abatement of Weeds and Refuse Within the
City of Gilroy and Adoption of a Resolution of the City Council of the City
of Gilroy Confirming the Imposition of Assessment Liens Against the Land
1.Staff Report: Jim Wyatt, Fire Chief
2.Open Public Hearing
3.Close Public Hearing
4.Possible Action:
It is recommended that Council adopt a resolution allowing the assessment
of fees, minus any qualifying objections, as reported by the Santa Clara
County Weed Abatement Program.
12.UNFINISHED BUSINESS (NONE)
13.INTRODUCTION OF NEW BUSINESS
13.1. Introduction of an Ordinance of the City of Gilroy Amending Section 2.13 of
the Gilroy City Code to Modify the Regular Meeting Schedule of the City
Council
1.Staff Report: Thai Nam Pham, City Clerk
2.Public Comment
3.Possible Action:
1)Motion to read the ordinance by title only and waive further reading of the
ordinance; and
2)Introduce an ordinance of the City Council of the City of Gilroy amending
Chapter 2 relating to the Regular Meeting Schedule of the City Council.
14.CITY ADMINISTRATOR'S REPORTS
14.1. Update on Recent Land Management System Implementation and Online
Permit/Utility Payment System
August 7, 2023 | 6:00 PM Page 6 of 6 City Council
Regular Meeting Agenda Packet
15.CITY ATTORNEY'S REPORTS
16.ADJOURNMENT
FUTURE MEETING DATES
August 2023
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 2
City of Gilroy
STAFF REPORT
Agenda Item Title:Interviews for Open Seats on Youth Commission for
Future Appointments Scheduled for August 21, 2023
Meeting Date:August 7, 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
1. Accept applications for open seats on the City of Gilroy Youth Commission that
were received after the July 21, 2023 deadline; and
2. Interview applicants for Youth Commission with vacancies as of August 7, 2023.
BACKGROUND
Amendments to the Youth Commission bylaws were approved at the City Council
Meeting on July 10, 2023. The amended bylaws now require that regular meetings be
held once per month during the school year, typically starting in September.
Consequently, the first meeting following the summer hiatus is scheduled for September
11, 2023.
In addition, the Council recently received resignation letters from Youth Commissioners
James Dinh and Alexis Miller. These resignations have led to seat vacancies with terms
expiring on September 30, 2024, and September 30, 2023, respectively. In addition,
four (4) seats will expire on September 30, 2023. Given these circumstances, staff aims
to fill these vacancies before the first meeting in September this year.
7.1
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Agenda Packet Page 1 of 127
Interviews for Open Seats on Youth Commission for Future Appointments Scheduled for August
21, 2023
City of Gilroy City Council Page 2 of 2 August 7, 20231
2
3
4
To accomplish this, staff has been actively promoting these vacancies through the City's
website and various social media platforms. They have also reached out to previous
Youth Commission applicants from the recruitment cycle, encouraging them to reapply.
By the application deadline on Thursday, July 27, 2023, four (4) applications were
received from Crystal Garcia Pablo, Kuber Sihra, Chad Knauss, and Lavender Hwang
(incumbent). Staff also received two (2) late applications from Maya Beyret and Zara
Ting-Tee, which were received on July 24, 2023, and July 31, 2023, respectively.
CONCLUSION
Interviews with the City Council have been scheduled for this evening's meeting.
Appointments will be finalized during the City Council Regular Meeting on August 21,
2023.
Attachments:
1. Application – Crystal Garcia Pablo
2. Application – Kuber Sihra
3. Application – Chad Knauss
4. Application – Lavender Hwang (incumbent)
5. Application – Maya Beyret
6. Application – Zara Ting-Tee
7. Application – Thanmay Sarath
7.1
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Agenda Packet Page 2 of 127
Youth Commission Application - Crystal Garcia Pablo
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:Youth Commission
Name:Crystal Garcia Pablo
Phone
number(s):
email
address*:
Are you a registered voter within the City limits? No
Physical
Address*:
Driver’s License
or
ID No.:
Date of
Birth*:
Last 4 of
SSN:
List your qualifications for this appointment:
I possess a range of qualifications that make me well-suited for this position. My strong public
speaking and communication skills allow me to effectively engage with adults and peers when
seeking assistance or sharing ideas, a skill set I have practiced through my involvement in other
boards and committees. I have a genuine openness to new ideas and enjoy collaborating with
others, valuing the diverse perspectives they bring. In addition, I have expertise in social media
management, graphic design for creating flyers, and spreading awareness through various
channels. I am also skilled in editing and own a camera, which I frequently use to capture
images for other boards and events. Furthermore, I have expertise in website creation and
maintenance, ensuring a strong online presence for the board or committee. Together, these
qualifications, like public speaking, communication, social media, graphic design, photography,
and website development, make me a well-rounded and capable candidate for this position.
List any service to the community including any prior appointments:
I have dedicated my time to volunteering at events organized by the Gilroy Youth Commission,
such as Dia de los Niños and the Christmas drive. Additionally, I played a role in reintroducing
Girls Who Code to the Gilroy Library, where we successfully conducted 6-8 week coding
programs for young girls, having 28 girls. As a member of Gilroy's Teen Advisory Board for the
library, I manage social media, capture event photos, and collaborate with my peers to plan
engaging activities. Furthermore, I actively contribute as a member of the YMCA Youth Board,
where we work collectively to organize events for YMCA youth and raise funds for Power School
and also the yearly toy drive during Christmas. Within my school, I tutor underclassmen and
participate in various clubs, including the Women Empowerment STEM Club as treasurer, the
Interact Club, and the Culture Club. Beyond the community and school, I am also involved with
WriteCause, an organization that addresses global issues and amplifies the voices of teenagers.
As the marketing director.
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Youth Commission Application - Crystal Garcia Pablo
Page 2 of 2
What are your goals while serving on this Board/Commission/Committee?
I am eager to join the Gilroy Youth Commission and actively contribute to the community,
making a significant impact. One thing I truly enjoy is collaborating with a team to share our
ideas with the community. Supporting and uplifting our community by working together with
others is a genuine passion of mine, and being a member of this board would provide me with
the perfect platform to create a meaningful difference. I am enthusiastic about the opportunity to
work with a team and collectively contribute to the improvement of our community through
teamwork. I aim to represent the youth in our community and also raise awareness and
participation in various events. Additionally, I hope to coordinate with my team to generate more
opportunities and raise funds for the youth in our community.
Why are you the most qualified to serve on this Board/Commission/Committee?
I am highly qualified to serve on this Board/Commission/Committee due to my extensive
leadership experience, both within the community and my school. I have demonstrated my
ability to take charge and effectively communicate my ideas. Additionally, I have actively
engaged with the public and sought assistance from various organizations such as YMCA, the
Gilroy Library, and the Morgan Hill Library. My passion for the community is unwavering, and I
genuinely believe that I can bring valuable contributions to this board. I am confident in my
ability to engage with people, secure funding, and raise awareness, which are essential for the
success of the Youth Commission. With my dedication and drive, I am eager to demonstrate the
power and potential of the youth within the Gilroy community. * I just wanted to clarify that I
lived in Gilroy for my whole life (El Roble Elementary, Luigi Aprea Elementary, Brownell Middle
School) but I just recently moved this year to San Juan and truly want to continue to be apart of
Gilroy's community.
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.
7.1
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Youth Commission Application - Kuber Sihra
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:Youth Commission
Name:Kuber Sihra
Phone
number(s):
email
address*:
Are you a registered voter within the City limits? No
Physical
Address*:
Driver’s License
or
ID No.:
Date of
Birth*:
Last 4 of
SSN:
List your qualifications for this appointment:
I have a great sense of leadership and teamwork, as well as a sense of creativity and being a
helpful person in general overall which would be helpful when doing these tasks within the
youth commission such as planning and organizing.
List any service to the community including any prior appointments:
I have volunteered tutoring kids at the CIEL center the past years and have also volunteered for
backpack drives in Morgan Hill.
What are your goals while serving on this Board/Commission/Committee?
My goals are to be helpful when planning and organizing as well as be supportive to new ideas.
My goals are also to help either improve or continue events in the City of Gilroy upon the youth
commission.
Why are you the most qualified to serve on this Board/Commission/Committee?
My sense of teamwork, planning, and organizing all would make me the most qualified to serve
for the youth commission. This would mean I am open to all ideas that the rest of the
commission would agree to do together. My sense of teamwork, planning, and organizing would
also be helpful as a whole when doing these events.
7.1
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Agenda Packet Page 5 of 127
Youth Commission Application - Kuber Sihra
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.
7.1
7.1
Agenda Packet Page 6 of 127
Youth Commission Application - Chad Knauss
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:Youth Commission
Name:Chad Knauss
Phone
number(s):
email
address*:
Are you a registered voter within the City limits? No
Physical
Address*:
Driver’s License
or
ID No.:
Date of
Birth*:
Last 4 of
SSN:
List your qualifications for this appointment:
I applied for and was selected by the Junior High faculty at my school to be a member of our
student Campus Leadership Team. As a member, I served for two years. The goal of the Campus
Leadership Team was to improve student morale for sixth, seventh and eighth graders and to
act as a liaison between students and faculty. Some of my duties included mentoring incoming
sixth graders, meeting with small groups monthly so that they felt comfortable throughout their
first year of junior high. I was also involved in planning, budgeting and executing school events
to foster student sprit throughout the school year. This included our Fall Festival, Cultural Fair,
Christmas Rally, Summer Extravaganza and more. As part of the student leadership team, we
also raised funds to distribute to local charities and homeless shelters.
List any service to the community including any prior appointments:
We moved to Gilroy in 2020 and unfortunately, COVID limited my ability to get involved in city
events, but I am eager to get involved now.
What are your goals while serving on this Board/Commission/Committee?
I would like to be appointed to the Gilroy Youth Commission because I want to contribute to the
betterment of my community. I believe in the power of youth voices and want to make a positive
impact on the issues that affect the youth in our city. Civic engagement is extremely important
to me and having an opportunity to serve on the Youth Commission and make a difference
within my city truly excites me.
Why are you the most qualified to serve on this Board/Commission/Committee?
Being a two year member of my junior high Campus Leadership Team has given me an
opportunity to find creative ways to improve student morale for over 700 students. I was part of
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Youth Commission Application - Chad Knauss
Page 2 of 2
a small leadership team that planned, budgeted and executed student led events and activities
while also raising funds for local charities. I have a passion for, and closely follow, local, state,
and federal government. My personal goal is to be civically engaged throughout high school and
to pursue a degree in political science in college and continue to be involved in government at
some level thereafter.
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.
7.1
7.1
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Youth Commission Application - Lavender Hwang
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: Youth Commission
Name: Lavender Hwang
Phone number(s): email address*:
Are you a registered voter within the City limits? No
Physical Address*:
Driver’s License or
ID No.:
Date of
Birth*:
Last 4 of
SSN:
List your qualifications for this appointment:
Served as Youth Commision member for last two years (2021-2023 term) •Served as Youth Commission
Chair for last year (2022-2023 term) •Leadership and public speaking skills •Extensive experience with
teamwork and collaboration
List any service to the community including any prior appointments:
Served on Youth Commission (2021-2023) •Founded club at Gilroy Library teaching STEM to young girls
2022-2023) •Completed over 200+ community service hours locally
What are your goals while serving on this Board/Commission/Committee?
I hope to continue implementing the projects that we proposed last year and have planned for this year
such as a teen resource fair to foster youth engagement within the community and make local
opportunities more accessible to teenagers. My primary goals are projects that emphasize making a lasting
impact, as well as increased accessibility to resources and solutions for the local youth.
Why are you the most qualified to serve on this Board/Commission/Committee?
I have served on the Youth Commision for the last two years, where I have familiarized myself with the
Brown Law under which we operate, as well as the programs and events we plan and coordinate. I believe,
as a returning member, I have the knowledge and experience to offer insight to incoming members while
still collaborating in a team effort to plan projects and events that serve the youth of our community.
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
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Youth Commission Application - Lavender Hwang
Page 2 of 2
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.
7.1
7.1
Agenda Packet Page 10 of 127
Youth Commission Application - Maya Beyret
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:Youth Commission
Name:Maya Beyret
Phone
number(s):
email
address*:
Are you a registered voter within the City limits? No
Physical
Address*:
Driver’s License
or
ID No.:
Date of
Birth*:
Last 4 of
SSN:
List your qualifications for this appointment:
My qualifications for becoming a part of the Youth Commission are organizational,
communication, and teamwork skills. These three skills make me qualified for the Youth
Commission because they help create a productive environment in which problems can be
resolved.
List any service to the community including any prior appointments:
I've volunteered within the Gilroy community on multiple occasions. most notably, I've
volunteered for the downtown activities last summer and a few times throughout the school year
last year. I've also participated as a tutor for the Academic & Wellness Center for over a year.
Not only was I able to be more involved in our Gilroy community through these two endeavors,
but I was able to make an impact of numerous people's lives.
What are your goals while serving on this Board/Commission/Committee?
I have a few goals while serving on the Youth Commission. I hope to be a valuable member of
this group by providing accurate and helpful feedback about the youth in Gilroy. I also hope to
encourage other people my age to be more involved in our tight-knit community. Being more
involved would help everyone become more connected and create a safer, more welcoming
environment in our city.
Why are you the most qualified to serve on this Board/Commission/Committee?
I am most qualified to serve on Youth Commission because of my past and current experiences.
Being a part of Youth Commission requires good communication skills which I have gained from
both taking a class in that specific area and also enacting those skills into my job. Currently, I
work at Gilroy Gardens in the Admissions department which tends to receive various complaints
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Youth Commission Application - Maya Beyret
Page 2 of 2
throughout the day from guests. It is my job (and all of those whom work with me) to
communicate back to the guests in a calm and respectful manner the appropriate information.
This makes me most qualified to serve on the Youth Commission because in a similar way, I will
listen to any specific youth issues that occur in our community and respond accordingly.
School: Dr. Tj Owens Gilroy Early College Academy / Grade: 11th
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.
7.1
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Agenda Packet Page 12 of 127
Youth Commission Application - Zara Ting-Tee
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:Youth Commission
Name:Zara Ting-Tee
Phone
number(s):
email
address*:
Are you a registered voter within the City limits? No
Physical
Address*:
Driver’s License
or
ID No.:
Date of
Birth*:
Last 4 of
SSN:
List your qualifications for this appointment:
My qualifications for this appointment are the following: 1) In 2022, I worked as a mentor in the
STAR Arts Education program here in Gilroy. I was a part of the pioneer crew for the infamous
Oak Tree Garden, which belonged to the Ohlone people for centuries. I was absolutely honored
to share this rich history with the youth of the program. I worked with Mrs. Marilyn Cardinali to
guide the students and introduce the children through the powerful concept of theater. Prior to
this, I was also a part of STAR's podcasting class, in which I worked with Mr. Ethan Chargin to
later help create a video to promote the new musical Puff's to other youth and expose them to
the wonders of being in a community based musical. 2) As a Junior Olympic Gymnast from 2015
through 2020, I helped coach young and aspiring gymnasts who were interested in being a part
of the competitive team. I absolutely loved teaching and guiding these junior gymnasts to
embody the life and skills of a competitive gymnast. Some of these junior gymnasts have joined
the team and have given back their knowledge to the community by being great role models and
excellent leaders. 3) I have volunteered at various elementary/middle schools across Gilroy. I
have also went back to mentor and give a presentation to upcoming middle-schoolers in my
previous fifth grade GATE class in Rucker Elementary. I gave them honest and significant advice
on the transition from elementary to middle school and the transition from middle school to high
school. I was incredibly honored to stand in place of those who had done the same for me. 4) I
was actively involved in Gavilan's Science Alive Gallery and really enjoyed assisting the middle
schoolers in finding their passions in science and math. It was so fun to watch the kids
experience real science and to watch their amazement. My wish is for these students to gain the
knowledge and eventually contribute their expertise to our city. 5) In my middle schools years, I
was passionately involved as a member of the Kindness Club ran by Ms. Fortino (Brownell), in
which we would visit Wheeler Manor to brings smiles to the senior community and visit the local
shelters to care for our city's animals. It brought a lot of happiness and contentment to be
involved in such a positive motion for our Gilroy community. 6) During COVID, I made personal
cards to all the seniors at Wheeler Manor. My yearning to be a part of the community during the
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Youth Commission Application - Zara Ting-Tee
Page 2 of 2
pandemic, has given me the opportunity to bring a little smile and joy to the senior residents
during the unfortunate lockdown period. I was delighted to be a part of this while also being able
to recruit other youth to do the same. 7) I am always open and active in GECA's student body. I
consistently participate in school events and provide advice and ideas for the members of the
student council to promote a healthy and inclusive environment in our GECA community.
List any service to the community including any prior appointments:
I was a mentor at STAR Arts and also helped promote the arts and sciences to youth in both the
STAR and Science Alive programs. I am a frequent volunteer to schools across Gilroy and enjoy
introducing others to being active in the amazing Gilroy community.
What are your goals while serving on this Board/Commission/Committee?
While serving on this Board/Commission/Committee, my main goal is to allow the youth
community in Gilroy to understand and feel that they have a voice and role in our community. I
also hope to encourage people to get more involved in the community itself, and I hope to be
able to provide affective advice to help the board and city in any way I can. Throughout my life, I
had been a recipient from very kind people in Gilroy, so now, I want to give back to our city and
to the wonderful people in it.
Why are you the most qualified to serve on this Board/Commission/Committee?
I am a person who loves analyzing problems and finding solutions to them, in both large or more
private situations. I have a huge interest to how the world works through trial and error and
changes, so that is why I took multiple sociology classes, in the past year, in Gavilan College to
better understand the functioning of societies. I am a great listener and have public speaking
skills that I've gained through speeches, theater, and Poetry Out Loud. I enjoy voicing my honest
opinion and working as a team to acknowledge issues and create greater opportunities for
others. After the many mentors I've had through the years, such as police officers, librarians,
school counselors/teachers, and even running non-profits, I believe I have a strong
understanding of community and will make a conscientious effort to be an effective member of
the Gilroy City Youth Committee.
School: Dr. TJ Owen's Gilroy Early College Academy / Grade: 10th
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.
7.1
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Agenda Packet Page 14 of 127
Youth Commission Application - Thanmay Sarath
Page 1 of 3
City of Gilroy
Board, Committee, & Commission Application
All Commission, Board, and Committee applications are a public record.
Board/Committee/Commission of Interest: Youth Commission
Name: Thanmay Sarath
Phone number(s): email address*:
Are you a registered voter within the City limits? No
Physical Address*:
Driver’s License or
ID No.:
Date of
Birth*:
Last 4 of
SSN:
List your qualifications for this appointment:
Advanced Academic Achievement: Completed High School Geometry in 7th grade and High School Algebra
2 Honors in 8th grade, showcasing dedication and strong academic performance. Continuous Learning:
Currently enrolled in a High School History course during the summer break to further enhance knowledge
and education. Artistic Accomplishments: Recognized as the Youngest Artist in the Bay Area and featured
in ABC News and various local channels. Conducted numerous Solo Art exhibits throughout the Bay Area
and received commendation from the City of Milpitas. Intellectual Aptitude: A member of the American
Mensa society, demonstrating critical thinking skills and an eagerness for intellectual exchange.
Programming Skills: Proficient in multiple programming languages, including HTML, CSS, JavaScript, Java,
Python, and NodeJS. Developed web applications for reputable organizations like Geeknasium, Koalasoft,
and DonerSiliconValley. Community Engagement: Volunteer at Gilroy Veterans Memorials, running the Vets
and Tech program to assist veterans with technology, showcasing commitment to community service.
Entrepreneurial Spirit: Founded Garlic Shield, organizing cybersecurity seminars for kids and the elderly,
and provided free vulnerability scans and penetration tests to local vendors, displaying leadership and
initiative. Covid Initiatives: Developed applications like BasicSupply.us to monitor local grocery levels and
LonelyList.com to list free online events globally, contributing to the community during the Covid
pandemic. Fundraising Experience: Successfully organized and raised $45,000 through a fundraiser for
Kerala flooding relief in 2018, exhibiting fundraising skills for charitable causes. Diverse Interests:
Enthusiast of various hobbies, including dirt biking, MX Racing, machine building, and archery (Compound
Free Style), showing a well-rounded personality and interests.
List any service to the community including any prior appointments:
Volunteer at Gilroy Veterans Memorials (January 2023 - Present): Run the Vets and Tech program,
providing technology assistance and support to veterans. Founder, Garlic Shield (2021-2023): Organized
cybersecurity seminars for kids and the elderly, promoting cyber awareness and safety. Provided free
vulnerability scans and penetration tests to local vendors to enhance cybersecurity measures. Developed
BasicSupply.us (2019): Created an application during Covid to monitor local grocery levels, facilitating easy
navigation for shoppers. Enabled shoppers to update the grocery list, providing real-time information to
assist others in their shopping needs. Developed LonelyList.com (2019): Developed an application during
Covid to list free online events worldwide, encouraging global collaboration and engagement. Fundraiser
7.1
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Youth Commission Application - Thanmay Sarath
Page 2 of 3
for Kerala Flooding Relief (2018): Successfully organized a fundraiser during the Kerala flooding in 2018,
raising $45,000 for charity to aid relief efforts. 99Bridges Summer Intern (Summer 2020): Assisted in
setting up Edge Devices and installing custom OS on the devices to support the organization's initiatives.
What are your goals while serving on this Board/Commission/Committee?
While serving on the City of Gilroy Youth Commission, my goals are centered on making a meaningful and
positive impact on the youth and the community. I aim to bring a fresh perspective and a proactive
approach to address the needs and concerns of young individuals in Gilroy. My goals include: Youth
Empowerment: To advocate for the empowerment of youth in Gilroy, ensuring that their voices are heard,
valued, and considered in decision-making processes that directly impact their lives. Community
Engagement: To actively engage with the local youth community, encouraging their participation and
involvement in civic activities, events, and initiatives. Education and Opportunities: To promote educational
opportunities and support initiatives that enhance academic success, career exploration, and personal
growth among the youth of Gilroy. Mental Health and Well-being: To focus on mental health awareness and
resources, striving to create a supportive environment for youth facing mental health challenges. Diversity
and Inclusion: To champion diversity and inclusion efforts, advocating for a welcoming and inclusive
community where all youth feel accepted and celebrated. Youth Programs and Activities: To work with
other commissioners and community leaders to develop and support various programs, events, and
activities that cater to the interests and needs of the youth. Safety and Security: To prioritize the safety of
the youth by collaborating with local authorities and organizations to address any safety concerns and
promote a secure environment. Bridging the Generation Gap: To foster understanding and collaboration
between different generations, promoting mutual respect and cooperation in the community. Environmental
Awareness: To promote environmental awareness and sustainable practices among the youth, encouraging
their active involvement in protecting and preserving the environment. Collaboration and Partnerships: To
collaborate with various stakeholders, schools, non-profit organizations, and local businesses to create a
unified effort in supporting the well-being and growth of the youth. By achieving these goals, I aspire to
contribute to a vibrant and thriving community, where the youth of Gilroy can confidently face the
challenges and opportunities that lie ahead. Through active engagement and dedicated service on the
Youth Commission, I aim to represent the best interests of the youth and contribute positively to the
overall development of our city.
Why are you the most qualified to serve on this Board/Commission/Committee?
I believe I am most qualified to serve on the City of Gilroy Youth Commission due to a combination of my
diverse experiences, passion for community engagement, and dedication to making a positive impact on
the lives of young individuals in Gilroy. Leadership and Initiative: As an accomplished artist, web developer,
and founder of community initiatives such as Garlic Shield, BasicSupply.us, and LonelyList.com, I have
demonstrated leadership, creativity, and initiative. These experiences have equipped me with problem-
solving skills and the ability to drive meaningful projects to fruition. Academic Excellence: Completing High
School Geometry in 7th grade and High School Algebra 2 Honors in 8th grade exemplifies my commitment
to academic excellence and a thirst for knowledge. I believe in applying this same drive and dedication to
serving on the Youth Commission. Strong Communication Skills: My experience as an artist, programmer,
and public speaker has honed my communication skills, enabling me to effectively convey ideas, advocate
for causes, and engage with individuals from diverse backgrounds. Community Service: Through
volunteering at Gilroy Veterans Memorials and running the Vets and Tech program, I have demonstrated a
genuine commitment to giving back to my community. I have also organized fundraisers and contributed to
Kerala flooding relief efforts, showcasing a dedication to helping those in need. Entrepreneurial Spirit:
Founding Garlic Shield and creating applications during Covid reflects my entrepreneurial spirit and
willingness to take on challenges to benefit the community. Technological Expertise: My proficiency in
various programming languages and web development skills will enable me to contribute to the
commission's initiatives related to technology and digital engagement. Youth Perspective: As a member of
the youth community myself, I understand the unique challenges and aspirations of young individuals. This
perspective will allow me to represent the youth effectively and advocate for their needs. Collaborative
Approach: I believe in the power of collaboration and am eager to work alongside other commissioners
and community stakeholders to achieve common goals. Dedication to Inclusion: My passion for diversity
and inclusion will ensure that all voices, regardless of background or identity, are heard and represented
7.1
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Youth Commission Application - Thanmay Sarath
Page 3 of 3
on the commission. Vision for a Better Future: Above all, I have a strong vision for a more vibrant and
supportive community, and I am eager to contribute my skills and dedication to bring about positive
change for the youth of Gilroy. I am confident that my qualifications and dedication make me the ideal
candidate to serve on the City of Gilroy Youth Commission and contribute effectively to the betterment of
our community.
School: / Grade: null
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.
7.1
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Agenda Packet Page 17 of 127
Page 1 of 6
City of Gilroy
City Council Special Meeting Minutes
Monday, July 10, 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 Bracco led the Pledge of Allegiance.
1.3. Invocation
There was none.
1.4. City Clerk's Report on Posting the Agenda
City Clerk Pham reported on the Posting of the Agenda.
1.5. Roll Call
Attendance Attendee Name
Present Rebeca Armendariz, Council Member
Dion Bracco, Mayor Pro Tempore
Tom Cline, Council Member
Zach Hilton, Council Member
Carol Marques, Council Member
Fred Tovar, Council Member
Marie Blankley, Mayor
Absent None
1.6. Orders of the Day
There were none.
1.7. Employee Introductions
City Administrator Forbis introduced Management Analyst (Grants) Cheryl
Ellemberg.
Police Chief Espinoza introduced Police Officer Don Tong.
2.CEREMONIAL ITEMS - Proclamations and Awards
2.1. Retirement Proclamation – Gilroy Golf Course General Manager Don
DeLorenzo
Mayor Blankley read aloud the proclamation and presented it to General
Manager Don DeLorenzo.
2.2. Retirement Proclamation – Police Sergeant John Ballard
Mayor Blankley read aloud the proclamation and presented it to John Ballard. DRAFT9.1
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July 10, 2023 | 6:00 PM Page 2 of 6 City Council
Special Meeting Minutes
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. There being no 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 Gilroy Gardens Board of Directors and praised the City’s
4th of July fireworks show.
Council Member Hilton attended the swearing-in ceremony of Assembly Member
Rodriguez, thanked County Supervisor Arenas, commended the South County Youth Task
Force for their focus on youth gun violence, and announced that the City will receive
$350,000 for the Gateway Senior Apartment Pedestrian Crossing from the recently adopted
FY 23-24 state budget.
Council Member Cline reported on Visit Gilroy California Welcome Center Board.
Council Member Tovar had no report.
Mayor Blankley announced the completion of the CalTrain survey and briefly mentioned a
trip to Angra do Heroísmo. Additionally, the Mayor informed the public about two upcoming
events by the South County Youth Task Force: Party at the Park on July 22nd and National
Night Out on August 1st.
5. COUNCIL CORRESPONDENCE
There were none.
6. FUTURE COUNCIL INITIATED AGENDA ITEMS
Council Member Marques requested a discussion on reopening the Wayland Parking Lot at
Las Animas Park for the community. The item received majority support.
7. CONSENT CALENDAR
Mayor Blankley opened Public Comment. There being no speakers, Mayor Blankley closed
Public Comment.
Motion: Adopt the Consent Calendar.
RESULT: Pass
MOVER: Fred Tovar, Council Member
SECONDER: Rebeca Armendariz, Council Member
AYES: Council Member Armendariz, Mayor Pro Tempore Bracco, Council
Member Cline, Council Member Hilton, Council Member Marques,
Council Member Tovar, Mayor Blankley
DRAFT9.1
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July 10, 2023 | 6:00 PM Page 3 of 6 City Council
Special Meeting Minutes
7.1. Approval of the Action Minutes of the June 19, 2023 City Council Regular
Meeting
A motion was made to approve the minutes.
7.2. Approve Amendments to Gilroy Youth Commission Bylaws
A motion was made to approve the Gilroy Youth Commission Bylaws
amendments.
7.3. Claim of Maria Salinas (The City Administrator recommends a "yes" vote
under the Consent Calendar shall constitute denial of the claim)
A motion was made to deny 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)
A motion was made to deny 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)
A motion was made to deny 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)
A motion was made to deny 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)
A motion was made to deny 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)
A motion was made to deny 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)
A motion was made to deny the claim.
8.BIDS AND PROPOSALS
There were none.
9.PUBLIC HEARINGS
9.1. Introduction and First Reading of an Ordinance Adding Chapter 16B,
Sidewalk Vending, to the Gilroy City Code
Special Assistant to City Administration Biggs provided staff presentation and
responded to Council Member questions. DRAFT9.1
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July 10, 2023 | 6:00 PM Page 4 of 6 City Council
Special Meeting Minutes
Mayor Blankley opened the Public Hearing at 7:14 PM.
David Leal expressed concerns about the state of the historic downtown,
highlighting the need for improvements, safety, and cleanliness to attract
visitors and support the city's investments.
Mercedes Little emphasized the need for the proper distance between
business and sidewalk vendors to ensure accessibility and safety and
specific requirements to prevent illegal business operations and protect
children from risks such as child trafficking.
Armando Recardez, director of the Mesa Redonda Roundtable program,
highlighted the success and potential of street food vendors as viable
businesses, emphasizing their commitment to obtaining certifications and
contributing to the city's tax revenue while expressing readiness to bring
their program to Gilroy with funding support.
Gary Walton commended the city for taking action on the issue but
expressed concerns about liability, safety, and the distinction between
street vendors and outdoor restaurants, emphasizing the need for
objective standards in the proposed ordinance and further discussions
with property owners, business owners, and the fire department to find a
solution that benefits everyone and ensures safe egress in emergencies.
Ron Kirkish raised the question of priorities and emphasized the need to
consider what is best for the city, particularly in terms of downtown
improvement and supporting business owners who have invested
significant amounts of money. He encouraged the council to take a
broader perspective and make decisions that align with the desired vision
for the downtown area.
There being no further speakers, Mayor Blankley closed the Public Hearing at
7:28 PM.
Council engaged in a discussion regarding the proposed ordinance and provided
specific instructions to staff for changes:
• In 16B.3(a)(20), the ordinance should list the actual distance.
• In 16B.3(a)(2), change "service animal" to "leashed animal."
• In 16B.6(b)(6), include language regarding workers' compensation
requirements.
• In 16B.3(a)(8), add the stipulation of "no generators or smoke within a
certain distance of outdoor restaurant dining” and “be compliance with the
California Air Resource Board.”
• In 16B.3(a)(7), include language stating that signage should not exceed
the size affixed to it and comply with ADA standards.
Council also requested staff to provide reports on the reporting structure and
implementation of the proposed ordinance once it becomes effective. City
Administrator Forbis committed to working with Council to schedule a study
session in July to obtain further direction and planned to return the item for a first
reading on August 7th.
The item was continued to the August 7, 2023 City Council Regular Meeting.
DRAFT9.1
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July 10, 2023 | 6:00 PM Page 5 of 6 City Council
Special Meeting Minutes
10.UNFINISHED BUSINESS
10.1. Annual Appointments to City Boards, Commissions, and Committees With
Seats Vacant or Expired as of June 19, 2023
City Clerk Pham provided a brief report to Council.
Council appointed Terence Fugazzi to the Planning Commission with a term
expiring on December 31, 2023 and Kortney Hodge to the Parks and Recreation
Commission with a term expiring on December 31, 2023.
11.INTRODUCTION OF NEW BUSINESS
11.1. Council Direction Concerning the City's Ongoing Membership in the Cities
Association of Santa Clara County
City Administrator Forbis provided staff presentation and responded to Council
Member questions.
Mayor Blankley opened Public Comment. There being no speakers, Mayor
Blankley closed Public Comment.
Consensus was reached among the Council to no longer participate with the
Cities Association of Santa Clara County.
11.2. Selection of Voting Delegate for the League of California Cities 2023
Annual Conference
City Clerk Pham provided staff presentation and responded to Council Member
questions.
Mayor Blankley opened Public Comment. There being no speakers, Mayor
Blankley closed Public Comment.
Council appointed Council Member Tovar as the voting designate on behalf of
the City, with Mayor Blankley as the alternate voting delegate.
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
Human Resources Director 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: Consent of the City Administrator's recommendation to appoint
Karl Bjarke as Interim Public Works Director (as a retired annuitant)
effective July 11, 2023 and 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. DRAFT9.1
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July 10, 2023 | 6:00 PM Page 6 of 6 City Council
Special Meeting Minutes
RESULT: Pass
MOVER: Dion Bracco, Mayor Pro Tempore
SECONDER: Tom Cline, Council Member
AYES: Council Member Armendariz, Mayor Pro Tempore Bracco,
Council Member Cline, Council Member Hilton, Council
Member Marques, Council Member Tovar, Mayor Blankley
12.CITY ADMINISTRATOR'S REPORTS
12.1. Visit to Gilroy Sister City Angra do Heroismo
City Administrator Forbis provided a brief report and responded to Council Member
questions.
13.CITY ATTORNEY'S REPORTS
There were none.
14.ADJOURNMENT
Mayor Blankley adjourned the Meeting at 8:21 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 DRAFT9.1
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Page 1 of 2
City of Gilroy
City Council Special Meeting Minutes
Wednesday, July 19, 2023 | 6:00 PM
1.OPENING
1.1.Call to Order
Mayor Blankley called the Special Study Session to order at 6:00 PM.
1.2. Roll Call
Attendance Attendee Name
Present Dion Bracco, Mayor Pro Tempore
Tom Cline, Council Member
Fred Tovar, Council Member
Marie Blankley, Mayor
Absent Rebeca Armendariz, Council Member
Zach Hilton, Council Member
Carol Marques, Council Member
2.STUDY SESSION
2.1. Proposed Ordinance Adding Chapter 16B, Sidewalk Vending, to the Gilroy
City Code
Special Assistant to City Administration Biggs provided staff presentation and
responded to Council Member questions.
Mayor Blankley opened Public Comment.
Jeff Orth suggested alternatives for vendor relocation and stricter
ordinance enforcement.
Dan Nelson from Tempo Kitchen and Bar highlighted safety and health
concerns about vendors' presence downtown.
Gary Walton suggested distance regulations between vendors,
restrictions on cooking methods, and a cap on vendor numbers.
Annie Palmer proposed adopting vendor regulations similar to Los
Angeles and San Diego.
Mercedes Little emphasized that vendors should adhere to conventional
business rules.
Jeanie Rizzuto supported the idea of relocating vendors to a single
location.
There being no further speakers, Mayor Blankley closed Public Comment.
Council directed that staff evaluate and include, where possible, the following
modifications to the draft sidewalk vending ordinance:
Incorporate Councilmember Cline’s written modifications, save the
addition of the “Temporary special permit” definition.
Include Mr. Cline’s written edits.DRAFT9.2
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City Council Special Meeting Minutes
July 19, 2023
Page 2 of 2
July 19, 2023 | 6:00 PM Page 2 of 2 City Council
Special Meeting Minutes
Include a prohibition on the use of publicly owned electrical outlets
(utilities)
Evaluate whether a distance between a vendor and an open window
could be added to the code
Review the City of Sacramento’s standards for clear space on its
sidewalks (50% of sidewalk width or 5’, whichever is greater)
Evaluate the City of Sacramento’s standards for customer queuing
Explore a separation distance between a curb and sidewalk vending
space to account for vehicle overhang
Identify an appropriate distance a vendor will need to be from an ATM
machine
Explore a separation distance between vendors (100’ stated as an
example)
Include separation distance to schools (400’), entertainment
establishments (600’), permitted and/or certified special events, and
farmers’ markets (300’) CHECK TERM IN STATE CODE.
Evaluate whether time limits can be imposed on vendors that reflect the
elected operating hours of adjacent businesses.
Determine whether an accessible path of travel needs to be maintained
from the sidewalk to standard, non-ADA, on-street parking spaces.
Evaluate whether generators, wood-fired cooking devices, or deep-fat
frying devices can be prohibited
Council requested that staff conduct the following research:
Number of Cities that prohibit stand-alone alcoholic beverage
consumption establishments.
Whether there is/are historic districts in the City of Gilroy
Council further requested a detailed enforcement plan and permit fees
presentation in September.
3.ADJOURNMENT
Mayor Blankley adjourned the Special Study Session at 7:32 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 DRAFT9.2
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Page 1 of 2
City of Gilroy
STAFF REPORT
Agenda Item Title:Approval of a Notice of Acceptance of Completion for
the FY22 Citywide Pavement Maintenance Project No.
22-PW-273 and Approval of a Final Contract with
McKim Corporation in the Amount of $4,472,160.94
Meeting Date:August 7, 2023
From:Jimmy Forbis, City Administrator
Department:Public Works
Submitted By:Karl Bjarke, Interim Public Works Director
Prepared By:Julie Oates, Engineer II
STRATEGIC PLAN GOALS Maintain and Improve City Infrastructure
RECOMMENDATION
a) Approve a Notice of Acceptance of Completion for the FY22 Citywide Pavement
Maintenance Project No. 22-PW-273.
b) Approve a final contract amount of $4,472,160.94 with McKim Corporation for the
FY22 Citywide Pavement Maintenance Project No. 22-PW-273.
EXECUTIVE SUMMARY
The Public Works Department has completed construction of the FY22 Citywide
Pavement Maintenance Project (Project) and has reviewed and approved all Project
documentation. The Project scope of work included preventive maintenance and
rehabilitation of 150 street segments and two alleys, installation of 67 ADA-compliant
curb ramps, pavement striping and markings, and associated work. The street
segments were selected based on the City’s Pavement Management Program,
StreetSaver, which evaluates and prioritizes the maintenance of the City’s overall road
network. Staff also received feedback from Public Works street maintenance crews.
Staff recommends the City Council approve the Notice of Acceptance of Completion
and approve a final contract of $4,472,160.94 with McKim Corporation for the FY22
Citywide Pavement Maintenance Project No. 22-PW-273.
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Approval of a Notice of Acceptance of Completion for the FY22 Citywide Pavement
Maintenance Project No. 22-PW-273 and Approval of a Final Contract with McKim Corporation
in the Amount of $4,472,160.94
City of Gilroy City Council Page 2 of 2 August 7, 2023
BACKGROUND
The City Council awarded a construction contract for the Project to McKim Corporation
in the amount of $4,107,988.27 with a contingency of $410,798.73 for a total
construction allocation of $4,518,787.00 at the April 18, 2022 City Council Meeting and
authorized the City Administrator to execute the contract and associated documents.
ANALYSIS
The Project scope of work included preventive maintenance and rehabilitation of 150
street segments and two alleys, installation of 67 ADA-compliant curb ramps, pavement
striping and markings, and associated work. Twenty construction change orders (CCOs)
were executed for the Project. The CCOs resulted in a net increase of $364,172.67 to
the total contract. Four of these CCOs were due to new scopes of work that were added
to the project. These consisted of the pavement overlays of Las Animas Avenue, the
Post Office alley, the alley parallel to and between Hanna St & Rosanna St, running
from Ninth St to Tenth St, and the spot repair of a section of Monterey Road south of
Luchessa Avenue. These four CCOs accounted for approximately $227,000 of the
$364,172.67 in total change orders. The CCOs are summarized in Attachment 1.
The overall construction schedule for the Project was 90 working days. The first working
day of the contract was August 1, 2022. Contract work was suspended on October 31,
2022, due to inclement weather conditions. Contract work resumed on May 9, 2023 and
was substantially completed on June 16, 2023. The contractor has completed project
documentation and addressed all punch list items.
FISCAL IMPACT/FUNDING SOURCE
The Project’s final construction cost was $4,472,160.94, which included the original
contract amount of $4,107,988.27 and $364,172.67 in change orders. The remaining
$46,626.06 in contingency funds were not used. The following sources funded the
Project:
Funding Source Amount
Road Funds SB-1 (210)$900,000
Measure B (212)$900,000
Gas Taxes (205)$1,118,787
General Fund (100)$1,600,000
Total $4,518,787
Attachments:
1. Summary of Construction Change Orders
2. 22-PW-273 Notice of Acceptance of Completion
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CCO#CCO Description CCO Amount
1 Las Animas Overlay $119,710.00
2 Post Office Alley Grind & Overlay $55,736.00
3 Monterey Rd Hump Removal $23,244.00
4 Retrofit Truncated Domes $13,500.00
5 Delete 6" Depth Digouts ($971,031.60)
6 Revised Unit Price for Digouts $833,714.00
7 Bid Item 55 Qty Adj 2" Cold Mill AC Pavement $1,599.54
8 Digout Quantity Adjustment 1 $11,573.60
9 Wren Avenue Digouts $144,086.00
10 Bid Item 4 Cold Mill Overage $4,708.20
11 Bid Item 5 HMA Overage $19,787.55
12 Bid Item 12A Asphalt Rubber Chip ($133,328.37)
13 Bid Item 12B Cape Seal $162,326.01
14 Crack Seal Credit ($11,053.28)
15 Bid Item 56 Qty Adj for 2" HMA Overlay $10,833.93
16 Digout Quantity Adjustment 2 $22,827.60
17 Material Credit for El Caminito HMA ($7,000.00)
18 Hanna/Rosanna/9th/10th Alley Mill & Fill $51,562.00
19 Bid Items 10 and 11 Qty Adj Slurry and Micro $16,986.99
20 Final Balancing Change Order Qty Adjustments ($5,609.50)
Change Order Total $364,172.67
FY22 Citywide Pavement Maintenance Project
Construction Change Order Summary
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Page 1 of 2
City of Gilroy
STAFF REPORT
Agenda Item Title:Approval of a Notice of Acceptance of Completion
and Reduction of the Faithful Performance and
Payment Security Bonds for Property Improvement
Agreement No. 2017-04, Wild Chestnut - Tract 10301
Meeting Date:August 7, 2023
From:Jimmy Forbis, City Administrator
Department:Public Works
Submitted By:Karl Bjarke, Interim Public Works Director
Prepared By:Jorge Duran, Development Engineer
STRATEGIC PLAN GOALS Promote Safe Affordable Housing for All
RECOMMENDATION
Approve the Notice of Acceptance of Completion and Reduction of the Faithful
Performance and Payment Security Bonds for Property Improvement Agreement No.
2017-04, Wild Chestnut Development - Tract 10301.
BACKGROUND
In May 2014, Filice Family Estate, a California Limited Partnership (Developer),
received Tentative Map approval for the Home Ranch residential project to create 52
single-family residential lots on East Syrah Drive and Northeast of Santa Teresa
Boulevard. [Reference: Resolution No. 2014-19, TM 13-08]. The approvals were to
construct streets, utilities, landscaping, lighting, fences, walls, and open space areas.
On September 18, 2017, Lennar Homes of California, Inc. (formerly CalAtlantic Group,
Inc.) received Council approval of the Tract 10301 Final Map and the Property
Improvement Agreement 2017-04 for the development of the site and related Public
Improvements of the Wild Chestnut subdivision.
The developer has paid plan check and inspection fees and submitted bonding and
insurance for the above-referenced Property Improvement Agreement and Tract Map.
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Approval of a Notice of Acceptance of Completion, and Reduction of the Faithful Performance
and Payment Security Bonds for Property Improvement Agreement No. 2017-04, Wild Chestnut -
Tract 10301
City of Gilroy City Council Page 2 of 2 August 7, 2023
DISCUSSION
Chapter 21, Article III, Section 21.81 of the City Code allows the City Council to
authorize a reduction in the payment and performance bonds the builder provided
before Council accepts the Property Improvement Agreements. The amount of the
bond reduction is consistent with the amount of work completed at the time of the
request. A Maintenance Bond of 10% of the construction cost ensures that defective or
damaged improvements will be corrected during the one-year maintenance warranty
period. The project’s actual improvement costs have been reviewed to ensure that the
Maintenance Security amount covers any anticipated issue with the installed
improvements.
The developer, Lennar Homes of California, Inc. (formerly CalAtlantic Group, Inc.),
requests a reduction of Tract 10255 Faithful Performance and Payment Bonds to a
Maintenance Bond. This Maintenance Bond is 10% of the bond’s value for the Tract
improvements bond, reducing it for Tract 10301 from the original $5,435,035 to
$543,504. The original security provided 100% of the estimated construction cost and
payment for tract improvements, including new streets, grading, curb, gutter, sidewalk,
utilities, landscape, electrical lighting, utility storm, water, and sewer.
The project is complete, and the Notice of Completion document is ready for
acceptance and recordation with Santa Clara County. Exhibit C contains the Notice of
Completion.
ALTERNATIVES
Council may deny the request to approve the Notice of Acceptance and reduction of
bonds. However, the developer has completed all improvements per the approved
Property Improvement Agreement No. 2017-04. Staff does not recommend this
alternative as it will delay the site’s development unnecessarily.
FISCAL IMPACT/FUNDING SOURCE
The developer has paid plan check and inspection fees and submitted bonding and
insurance for the above-referenced Property Improvement Agreement and Tract Map.
The Faithful Performance and Payment Bonds held as security would be reduced from
$5,435,035 to $543,504.
Attachments:
1. Exhibit A - Vicinity Map
2. Exhibit B – PIA
3. Exhibit C – Notice of Completion
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Page 1 of 2
City of Gilroy
STAFF REPORT
Agenda Item Title:Approve Corrected Gilroy Police Officers Association
Salary Schedules for the Period July 1, 2023 - June
30, 2025
Meeting Date:August 7, 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
Adopt by Resolution the Corrected Salary Schedules Associated with the Gilroy Police
Officers Association Memorandum of Understanding/Supplemental Agreement for the
Period July 1, 2023 – June 30, 2025.
EXECUTIVE SUMMARY
Staff recently discovered an error in the spreadsheet formula on the salary schedules
for the Gilroy Police Officers Association (GPOA) that Council approved on April 3,
2023. The error inflated the salary figures and must be corrected to match the agreed-
upon salary increases in the Supplemental Agreement to the GPOA Memorandum of
Understanding.
The salary schedules have been corrected to align with the labor agreement and are
attached to this staff report. On July 10, 2023, the GPOA leadership was notified of the
error and advised that staff would bring a correction to City Council for adoption on
August 7, 2023. To ensure clarity, staff believes Council should adopt a resolution to
replace the incorrect salary schedules with the correct ones. Once Council adopts the
accurate salary schedules will replace the inaccurate salary schedules attached to the
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Approve Corrected Gilroy Police Officers Association Salary Schedules for the Period July 1, 2023
- June 30, 2025
City of Gilroy City Council Page 2 of 2 August 7, 2023
recent Supplemental Agreement to the GPOA MOU that Council approved on April 3,
2023.
Attachments:
1. Resolution Correcting the Salary Schedules Associated with the Gilroy Police
Officers Association Memorandum of Understanding/Supplemental Agreement for
the Period July 1, 2023 – June 30, 2025.
2. GPOA Salary Schedules for the Period July 1, 2023 – June 30, 2025.
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RESOLUTION NO. 2023-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY CORRECTING THE JULY 1, 2023, JANUARY 1,
2024, JULY 1, 2024, AND JANUARY 1, 2025 SALARY
SCHEDULES FOR EMPLOYEES REPRESENTED BY THE
GILROY POLICE OFFICERS ASSOCIATION
WHEREAS, the City Council does establish salaries for city officers and employees
by resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF GILROY AS FOLLOWS:
1. The Gilroy City Council approved the Gilroy Police Officers Association (GPOA)
Supplemental Agreement to the Memorandum of Understanding on April 3,
2023.
2. In July 2023, staff discovered an error in the spreadsheet related to the adopted
salary schedules for the period July 1, 2023 – June 30, 2025.
3. Therefore, the previously approved salary scheduled for Gilroy Police Officers
Association (GPOA) employees effective July 1, 2023, January 1, 2024, July 1,
2024, and January 1, 2025 as part of Resolution 2023-20 are hereby abolished.
4. The corrected salary schedules are approved as follows:
a. The salaries effective July 1, 2023 for GPOA employees as set forth
in the attached salary schedule consisting of one (1) page is hereby
approved and established adding a three percent (3%) cost of living
increase and a one percent (1%) equity adjustment for a total
increase of four percent (4%).
b. The salaries effective January 1, 2024 for GPOA employees as set
forth in the attached salary schedule consisting of one (1) page is
hereby approved and established adding Step F (2.5% above Step
E; Step F requirements contained in Supplemental Agreement dated
April 3, 2023).
c. The salaries effective July 1, 2024 for GPOA employees as set forth
in the attached salary schedule consisting of one (1) page is hereby
approved and established adding a three percent (3%) cost of living
increase.
d. The salaries effective January 1, 2025 for GPOA employees as set
forth in the attached salary schedule consisting of one (1) page is
hereby approved and established adding Step G (2.5% above Step
F; Step G requirements contained in Supplemental Agreement
dated April 3, 2023).
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Resolution No. 2023-XX
Corrected GPOA Salary Schedules July 1, 2023 – June 30, 2025
City Council Regular Meeting | August 7, 2023
Page 2 of 2
PASSED AND ADOPTED this 7th day of August 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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POLICE UNIT
SALARY SCHEDULE
(Effective July 1, 2023)
(3% COLA Increase + 1% Equity Adjustment = 4% Total Salary Increase)
Job Class/
Job Classification Title Salary Range Step A Step B Step C Step D Step E
Police Sergeant 700 SP35 10,217.17 10,728.17 11,263.75 11,828.50 12,418.58
122,606 128,738 135,165 141,942 149,023
Police Corporal 701 SP33 9,216.17 9,676.25 10,159.83 10,669.33 11,202.42
110,594 116,115 121,918 128,032 134,429
Police Officer 702 SP32 8,609.83 9,040.33 9,492.92 9,966.25 10,465.67
103,318 108,484 113,915 119,595 125,588
Detention Services Officer*752 NP29 6,442.75 6,765.17 7,102.92 7,457.92 7,830.92
77,313 81,182 85,235 89,495 93,971
SP = Sworn Personnel Classifications
NP = Non-Sworn Personnel Classifications
Holiday Pay: 7.02% of base pay in lieu of holidays (GPOA MOU Article IV, Section J )
Bilingual Pay: 5% of base pay based on Police Chief's approval and test (GPOA MOU Article IV, Section K)
Master Officer Pay: 5% of base pay in lieu of specialty pays (GPOA MOU Article IV, Section E)
NP Classes receive $77.75 per month uniform allowance.
SP Classes receive $116.67 per month uniform allowance.
SP/CIRT receive a one time $200.00 uniform/equipment requirement
SP/CIRT receive a one time $150.00 uniform/equipment requirement
SP/HNT receive a one time $150.00 uniform/equipment requirement
SWORN PERSONNEL
5% Educational incentive available for an AA/AS Degree or an Intermediate POST Certificate.
7.5% Educational incentive available for a BA/BS Degree (or higher) or an Advanced POST Certificate.
(Maximum educational total: 7.50%)
NON-SWORN PERSONNEL (DSO)
3.5% Educational incentive available for 30 semester college units or Basic POST Certificate.
5.0% Educational incentive available for 60 semester college units or Intermediate POST Certificate.
(Maximum educational total: 5.0%)
Rev. 07/23
Canine and Mounted Unit Officers receive an additional $421.38 per month (GPOA MOU Article IV, Section M)
*Effective with the 7/1/23 salary schedule, the DSO salary range/steps now exceeds the former MSO salary
range/steps that was y-rated. One employee remains in the MSO classification and will now convert to DSO and will
no longer be y-rated.
Note: Annual salary amounts are rounded to the nearest dollar. Steps A - E are approximately 5%
between steps.
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POLICE UNIT
SALARY SCHEDULE
(Effective January 1, 2024)
(Addition of Step F - 2.5% Retention Step)
Job Class/
Job Classification Title Salary Range Step A Step B Step C Step D Step E Step F*
Police Sergeant 700 SP35 10,217.17 10,728.17 11,263.75 11,828.50 12,418.58 12,729.08
122,606 128,738 135,165 141,942 149,023 152,749
Police Corporal 701 SP33 9,216.17 9,676.25 10,159.83 10,669.33 11,202.42 11,482.50
110,594 116,115 121,918 128,032 134,429 137,790
Police Officer 702 SP32 8,609.83 9,040.33 9,492.92 9,966.25 10,465.67 10,727.33
103,318 108,484 113,915 119,595 125,588 128,728
Detention Services Officer*752 NP29 6,442.75 6,765.17 7,102.92 7,457.92 7,830.92 8,026.67
77,313 81,182 85,235 89,495 93,971 96,320
SP = Sworn Personnel Classifications
NP = Non-Sworn Personnel Classifications
Holiday Pay: 7.02% of base pay in lieu of holidays (GPOA MOU Article IV, Section J )
Bilingual Pay: 5% of base pay based on Police Chief's approval and test (GPOA MOU Article IV, Section K)
Master Officer Pay: 5% of base pay in lieu of specialty pays (GPOA MOU Article IV, Section E)
NP Classes receive $77.75 per month uniform allowance.
SP Classes receive $116.67 per month uniform allowance.
SP/CIRT receive a one time $200.00 uniform/equipment requirement
SP/CIRT receive a one time $150.00 uniform/equipment requirement
SP/HNT receive a one time $150.00 uniform/equipment requirement
SWORN PERSONNEL
5% Educational incentive available for an AA/AS Degree or an Intermediate POST Certificate.
7.5% Educational incentive available for a BA/BS Degree (or higher) or an Advanced POST Certificate.
(Maximum educational total: 7.50%)
NON-SWORN PERSONNEL (DSO)
3.5% Educational incentive available for 30 semester college units or Basic POST Certificate.
5.0% Educational incentive available for 60 semester college units or Intermediate POST Certificate.
(Maximum educational total: 5.0%)
Rev. 07/23
Canine and Mounted Unit Officers receive an additional $421.38 per month (GPOA MOU Article IV, Section M)
*1/1/24 salary schedule adds Step F - 2.5% Step (merit step, one year at Step E, and completion of 5 years of service
requirement per MOU).
Note: Annual salary amounts are rounded to the nearest dollar. Steps A - E are approximately 5%
between steps. Steps E - F are approximately 2.5% between steps.
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POLICE UNIT
SALARY SCHEDULE
(Effective July 1, 2024)
(3% Increase)
Job Class/
Job Classification Title Salary Range Step A Step B Step C Step D Step E Step F*
Police Sergeant 700 SP35 10,523.67 11,050.00 11,601.67 12,183.33 12,791.17 13,110.92
126,284 132,600 139,220 146,200 153,494 157,331
Police Corporal 701 SP33 9,492.67 9,966.50 10,464.67 10,989.42 11,538.50 11,827.00
113,912 119,598 125,576 131,873 138,462 141,924
Police Officer 702 SP32 8,868.17 9,311.58 9,777.67 10,265.25 10,779.67 11,049.17
106,418 111,739 117,332 123,183 129,356 132,590
Detention Services Officer*752 NP29 6,636.00 6,968.08 7,316.00 7,681.67 8,065.83 8,267.50
79,632 83,617 87,792 92,180 96,790 99,210
SP = Sworn Personnel Classifications
NP = Non-Sworn Personnel Classifications
Holiday Pay: 7.02% of base pay in lieu of holidays (GPOA MOU Article IV, Section J )
Bilingual Pay: 5% of base pay based on Police Chief's approval and test (GPOA MOU Article IV, Section K)
Master Officer Pay: 5% of base pay in lieu of specialty pays (GPOA MOU Article IV, Section E)
NP Classes receive $77.75 per month uniform allowance.
SP Classes receive $116.67 per month uniform allowance.
SP/CIRT receive a one time $200.00 uniform/equipment requirement
SP/CIRT receive a one time $150.00 uniform/equipment requirement
SP/HNT receive a one time $150.00 uniform/equipment requirement
SWORN PERSONNEL
5% Educational incentive available for an AA/AS Degree or an Intermediate POST Certificate.
7.5% Educational incentive available for a BA/BS Degree (or higher) or an Advanced POST Certificate.
(Maximum educational total: 7.50%)
NON-SWORN PERSONNEL (DSO)
3.5% Educational incentive available for 30 semester college units or Basic POST Certificate.
5.0% Educational incentive available for 60 semester college units or Intermediate POST Certificate.
(Maximum educational total: 5.0%)
Rev. 07/23
Canine and Mounted Unit Officers receive an additional $421.38 per month (GPOA MOU Article IV, Section M)
*1/1/24 salary schedule adds Step F - 2.5% Step (merit step, one year at Step E, and completion of 5 years of service
requirement per MOU).
Note: Annual salary amounts are rounded to the nearest dollar. Steps A - E are approximately 5%
between steps. Steps E - F are approximately 2.5% between steps.
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POLICE UNIT
SALARY SCHEDULE
(Effective January 1, 2025)
(Addition of Step G - 2.5% Retention Step)
Job Class/
Job Classification Title Salary Range Step A Step B Step C Step D Step E Step F*Step G*
Police Sergeant 700 SP35 10,523.67 11,050.00 11,601.67 12,183.33 12,791.17 13,110.92 13,438.67
126,284 132,600 139,220 146,200 153,494 157,331 161,264
Police Corporal 701 SP33 9,492.67 9,966.50 10,464.67 10,989.42 11,538.50 11,827.00 12,122.67
113,912 119,598 125,576 131,873 138,462 141,924 145,472
Police Officer 702 SP32 8,868.17 9,311.58 9,777.67 10,265.25 10,779.67 11,049.17 11,325.42
106,418 111,739 117,332 123,183 129,356 132,590 135,905
Detention Services Officer*752 NP29 6,636.00 6,968.08 7,316.00 7,681.67 8,065.83 8,267.50 8,474.17
79,632 83,617 87,792 92,180 96,790 99,210 101,690
SP = Sworn Personnel Classifications
NP = Non-Sworn Personnel Classifications
Holiday Pay: 7.02% of base pay in lieu of holidays (GPOA MOU Article IV, Section J )
Bilingual Pay: 5% of base pay based on Police Chief's approval and test (GPOA MOU Article IV, Section K)
Master Officer Pay: 5% of base pay in lieu of specialty pays (GPOA MOU Article IV, Section E)
NP Classes receive $77.75 per month uniform allowance.
SP Classes receive $116.67 per month uniform allowance.
SP/CIRT receive a one time $200.00 uniform/equipment requirement
SP/CIRT receive a one time $150.00 uniform/equipment requirement
SP/HNT receive a one time $150.00 uniform/equipment requirement
SWORN PERSONNEL
5% Educational incentive available for an AA/AS Degree or an Intermediate POST Certificate.
7.5% Educational incentive available for a BA/BS Degree (or higher) or an Advanced POST Certificate.
(Maximum educational total: 7.50%)
NON-SWORN PERSONNEL (DSO)
3.5% Educational incentive available for 30 semester college units or Basic POST Certificate.
5.0% Educational incentive available for 60 semester college units or Intermediate POST Certificate.
(Maximum educational total: 5.0%)
Rev. 07/23
Canine and Mounted Unit Officers receive an additional $421.38 per month (GPOA MOU Article IV, Section M)
*1/1/24 salary schedule adds Step F - 2.5% Step (merit step, one year at Step E, and completion of 5 years of service
requirement per MOU). 1/1/25 salary schedule adds Step G - 2.5% Retention Step (merit step, one year at Step F, and
completion of 5 years of service requirement per MOU).
Note: Annual salary amounts are rounded to the nearest dollar. Steps A - E are approximately 5%
between steps. Steps E - F are approximately 2.5% between steps.
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Page 1 of 1
City of Gilroy
STAFF REPORT
Agenda Item Title:Claim of Steve Kinney (The City Administrator
recommends a "yes" vote under the Consent
Calendar shall constitute denial of the claim)
Meeting Date:August 7, 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 August 7,
2023 meeting:
• Claim of Steve Kinney
Attachments:
1. Claim of Steve Kinney
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Page 1 of 8
City of Gilroy
STAFF REPORT
Agenda Item Title:Continued Public Hearing for Introduction and First
Reading of an Ordinance Adding Chapter 16B,
Sidewalk Vending, to the Gilroy City Code
Meeting Date:August 7, 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,
and find that it is exempt from CEQA Guidelines Section 15332.
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.
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Continued Public Hearing for Introduction and First Reading of an Ordinance Adding Chapter
16B, Sidewalk Vending, to the Gilroy City Code
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2
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4
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., 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 meetings of April 17, July 10, and July 19, 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
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.
In line with the City Council’s direction, 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.
At its meeting of July 10, 2023, the City Council considered the proposed ordinance and
following deliberations, forwarded a number of modifications to the draft ordinance,
requested that a study session be scheduled so it could have a more in depth review of
the proposed regulations, and continued the consideration of the sidewalk vending
regulations to its meeting of August 7, 2023.
A study session of the City Council was held on July 19, 2023. The City Council
reviewed the modifications to the code forwarded at its July 10 meeting, which include
the following:
16B.3 (a) (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 a leashed animal.
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16B.3 (a) (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
and are no larger than the vending device itself.
16B.3 (a) (9) Vendors using a generator approved in conjunction with the sidewalk
vending permit and those that emit smoke or steam shall not be located within ten
twenty-five feet (10’ 25’) of building openings and approved outdoor seating of an
eating establishment.
16B.3 (a) (21) Sidewalk vendors shall not block access to or create unreasonable
congestion by maintaining a clear distance of forty-eight inches (48”), unless this
conflicts with federal, state, or local regulations, 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; or (F) upon or within from any
roadway., median strip, or dividing section; or (G) at any parking pay station.
16B.6 (b) (6) Commercial general liability insurance policy, automobile, and workers
compensation insurance policies or other such policy as the office of the risk
manager of the city of Gilroy shall require; and
The City Council also reviewed modifications to the vending regulations proposed by
Councilmember Cline on July 10, 2023.
Following its review of these modifications and public comment, the City Council
provided the following direction on additional modifications to the code and asked staff
to evaluate them, and where possible, include in the draft ordinance to be considered at
its August 7, 2023 meeting. The following changes were forwarded by the City Council:
1. Incorporate Councilmember Cline’s written modifications, save the addition of the
“Temporary special permit” definition.
2. Include a prohibition on use of publicly owned electrical outlets (utilities).
3. Review the City of Sacramento’s standards clear space on its sidewalks (50% of
sidewalk width or 5’, whichever is greater).
4. Evaluate the City of Sacramento’s standards for customer queuing.
5. Explore a separation distance between a curb and sidewalk vending space to
account for vehicle overhang.
6. Identify an appropriate distance a vendor will need to be from an ATM machine.
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7. Include separation distance to schools (400’), entertainment establishments
(600’), permitted and/or certified special events and farmers’ markets (300’).
8. Evaluate whether time limits can be imposed on vendors that reflect the elected
operating hours of adjacent businesses.
9. Evaluate whether a distance between a vendor and an open window could be
added to the code.
10.Explore a separation distance between vendors (100’ stated as an example).
11.Determine whether an accessible path of travel needs to be maintained from the
sidewalk to standard, non-ADA, on-street parking spaces.
12.Evaluate whether generators, wood fired cooking devices, or deep fat frying
devices can be prohibited.
In addition, the City Council asked that staff research the following and be ready to
address these at the August 7, 2023 meeting:
Review what other cities that prohibit stand-alone alcoholic beverage
consumption establishments have done.
Whether there is/are historic districts in the City of Gilroy.
Staff has incorporated items 1 – 8 in the draft ordinance. Items 9 – 12 have not been
included in the draft ordinance for reasons that are detailed in the Analysis section of
this agenda report.
ANALYSIS
As noted, staff has incorporated items 1 – 8 above into the draft ordinance. Most of
these are straightforward and address health, safety, or welfare concerns, such as the
customer queuing requirements, setback of the vending space from the curb face, or
distance to an ATM machine. Other standards were evaluated by staff and added based
on a review of other City policy documents and a close analysis of State Law. One
example of this is the standard that imposes operating hours on vendors that reflect the
operating hours of adjacent businesses. State legislation states that in “nonresidential
areas,” hours of operation for vendors cannot be more restrictive than those imposed on
other businesses. Since areas of the downtown allow residential uses, it is not a
nonresidential area so imposing time limits would be appropriate.
As to the standards for maintaining an accessible path of travel and addressing
unreasonable congestion, the 48” being proposed has its origins in accessibility laws,
but as noted in the standard for unreasonable congestion, this is also subject to federal,
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state, and local regulations given that there are a variety of separation distance
requirements interspersed amongst these codes. It is also worth noting that the
standard for a separation distance between vendors that use a generator, create
smoke, or steam has increased from 10’, as reviewed at the July 19, 2023 City Council
Study Session, to a separation distance of 25’ to building openings and outdoor
seating. This was based on the Center for Disease Control recommendations for
separation distance to generators, which is a minimum of 20’. It is believed that the 25’
being proposed offers even further protections.
Staff has also evaluated and looked for opportunities to incorporate items 9 – 12 into the
code; however, given the State’s requirement that standards for the regulation of
sidewalk vending must be based on objective health, safety, and welfare standards,
staff does not believe that these five standards can be added in a defensible manner.
Staff did look at regulations adopted by other cities that regulate among other things the
distance between vendors. Those cities, like Santa Cruz and Culver City for example,
include findings or references that detail the tourist nature of their communities and
population increase they experience with the influx of visitors on a given day. Culver
City notes it consists of just over five square miles and is home to approximately 40,000
residents and the job site of some 300,000 workers. On top of this, it realizes as many
as 500,000 visitors on weekends and holidays and notes that many of its sidewalks and
pathways are under eight feet in width; thus, the increase in its daily population and
narrowness of its sidewalks makes prohibiting or separating sidewalk vendors legitimate
health and safety measures. The City of Santa Cruz, likewise, provides sidewalk
vending restrictions on the streets that experience large increases in the number of
visitors it experiences and notes, as well, the sensitivity of its coastal areas, which are
part of the Monterey Bay Marine Sanctuary. The City of Sacramento, which provides
restrictions for its Old Town neighborhood, does not prohibit vendors outright, but
rather, provides a standard that they cannot operate on sidewalks where the width
would be reduced to less than 6’, a nod to existing conditions that would be unsafe and
potentially inaccessible if vending facilities were set up there.
Staff has also reviewed the City’s 2040 General Plan and other policy documents, like
the Downtown Specific Plan, for possible programs or policies that would support the
addition of certain standards that prohibit or further restrict sidewalk vending like items 9
– 12 above. The goals, policies, and programs it has come across however, encourage
people coming to the City and its neighborhoods rather than describing or identifying
how a significant influx of visitors on any given day generate health, safety, and welfare
impacts and how to control or manage those impacts. This seems to reflect Gilroy’s
ongoing efforts to establish itself as a destination. Against this backdrop, it would be
difficult to establish appropriate or defensible findings or reasons that would support
items 9 – 12. As State law explicitly states, “perceived community animus or economic
competition does not constitute an objective health, safety or welfare concern.”
Staff will be evaluating each application that is submitted for compliance with the
standards and requirements for sidewalk vending. As more applications are processed
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and experience with vending operations in the City is gathered, there may be a need to
modify these rules or adopt new rules and processes that help achieve vending
operations that do not have negative impacts. Staff notes that the proposed ordinance
does provide opportunities to address negative health or safety impacts should they
become evident in the future. These include:
Amending the Sidewalk Vending regulations
Adopting a City Council resolution that put in place rules or limits
Conditioning an application to address any issues specific to a vendor location
Once this program is in place, staff can take these steps to address concerns that
become apparent.
ALCOHOL SERVING ESTABLISHMENTS
The City Council did bring up the correlation between the number of establishments in
Downtown Gilroy that serve alcohol only (beer and wine) plus the lack of food serving
businesses during the later hours of the evening. This imbalance provides opportunities
for sidewalk vendors that sell food.
One question was whether the City of Gilroy, other cities, can control or limit, through
land use measures, alcohol only serving establishment. A City can regulate such
establishments through its zoning requirements, either by identification of permitted and
non-permitted uses in a given area, or through the use permit process. There are a
number of cities across that state that do require conditional use permits for such
establishments. This, in coordination with the State of California Department of
Alcoholic Beverage Control (ABC), can be an avenue the City can pursue to potentially
provide for a more balanced mix of business in the Downtown.
ARE THERE HISTORIC DISTRICTS IN GILROY
Downtown Gilroy is in a historic district and city codes for historic districts or properties
on the City’s Historic Resources Inventory provide guidance concerning additions,
alterations, or demolition. These rules and policies do not provide rules for uses within
the historic district, other than encouraging the adaptive reuse of structures on the
historic inventory. No guidance on impacts or negative consequences are included;
therefore, there is no basis or supporting documentation for standards to address
sidewalk vendors in the Historic Downtown.
CONCLUSION
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. Staff has
evaluated and incorporated the modifications noted above, where appropriate, and
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believes this has strengthened the sidewalk vending rules in a manner that is
responsive to the community’s expressed concerns.
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.
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.
PUBLIC OUTREACH
A community workshop on sidewalk vending was held on June 8, 2023 at the Gilroy
Senior Center.
This public hearing was continued from the July 10, 2023 Special Meeting of the City
Council. A public hearing notice of that meeting was posted in the Gilroy Dispatch.
A study session of the City Council was held on July 19, 2023.
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.
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Attachments:
1. Proposed Ordinance (Redlined Version)
2. Proposed Ordinance (Clean Version)
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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, staff held a community workshop on the evening of June 8, 2023,
which was well attended 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: and
WHEREAS, at its meetings of July 10 and July 19, 2023, the City Council
considered the proposed ordinance and following public comment and input, directed that
staff incorporate changes to the sidewalk vending rules, where appropriate, and return
them to the City Council at a future meeting for consideration; 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
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Ordinance No. 2023-XX
Sidewalk Vending
City Council Regular Meeting | August 7, 2023
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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.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES
HEREBY ORDAIN THE ADDITION OF 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:
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(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.
(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.
(j) “Enforcement official” means any person designated by the city administrator to enforce this
chapter and includes, but is not limited to: community development department or recreation
division staff tasked with code enforcement or compliance, all Gilroy police department sworn
personnel and community service officers, and/or any city-contracted code enforcement officer
or specialist.
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:
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(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
a leashed 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, and excluding any sidewalk areas that are
made non-passable due to any natural barriers or other existing conditions or obstructions
such as posts, parking meters, street trees, planters, or signs that are located on the
sidewalk, 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 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. The size of a city-
permitted shade structure or vending device may vary depending on the location, but in no
event may a sidewalk vendor’s total operational size (including any shade structure or
vending display device) exceed the total operational size allowed in the permit issued to
the sidewalk vendor.
(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 and are no larger than the vending
device itself.
(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) Vendors using a generator approved in conjunction with the sidewalk vending permit
and those that emit smoke or steam shall not be located within twenty-five feet (25’) of
building openings and approved outdoor seating of an eating establishment.
(910) 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
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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.
(110) Sidewalk vendors must include any necessary measures needed to prevent and
promptly clean up the splatter of fats, greases, or oils on surroundings.
(121) Sidewalk vendors must appropriately dispose of fats, greases, or oils.
(132) 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.
(143) 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. A properly permitted sidewalk vendor must remain on site for all vending
activities.
(154) 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.
(165) Vending devices shall not be left or stored unattended on public property or within
the public right-of-way.
(176) 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.
(187) 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.
(198) 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.
(2019) 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.
(210) Sidewalk vendors shall not block access to or create unreasonable congestion by
maintaining a clear distance of forty-eight inches (48”), unless this conflicts with federal,
state, or local regulations, 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
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apron; or (F) upon or within from any roadway., median strip, or dividing section; or (G) at
any parking pay station. Vending or operating in a way that violates the accessible path of
travel for persons with disabilities is per se unreasonable.
(221) Stationary sidewalk vendors shall not locate their vending device over or within
fifteen feet (15’) of a storm drain.
(232) 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.
(24) Sidewalk vendors shall not connect to city owned utilities such as but not limited to,
electric boxes, water lines, and gas lines.
(25) Vendors shall not allow customers in their queue or encourage customers to interfere
with or obstruct public rights-of-way, pedestrian pathways, or traffic.
(26) Vendors shall maintain at least five feet or 50% of the overall width of the sidewalk or
other pedestrian path, whichever is greater, open to pedestrians.
(27) Vendors may not operate within twenty-five feet (25’) of an automatic teller machine
(ATM).
(28) At locations where on street parking is angled to the curb, the vending device or area
shall be setback two feet (2’) from the curb face.
(29) In order to minimize noise impacts on residential units, in mixed use areas, a vendor
may only engage in sidewalk vending during the hours of operation of adjacent businesses
or uses on the same street.
(3023) 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).
(3124) 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.
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(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.
(3) Within three hundred feet (300’) of a permitted certified farmers’ market during the
limited operating hours of that certified farmers’ market or a special event for which a special
event permit has been issued during the hours of that special event. A “certified farmers’
market” means a location operated in accordance with Chapter 10.5 (commencing with
Section 47000) of Division 17 of the Food and Agricultural Code and any regulations
adopted pursuant to that chapter.
(4) Within four hundred feet (400’) of a school between the hours of 7:00 am and
4:00 pm on school days.
(5) Within six hundred feet (600’) of any entertainment establishment (e.g., clubs) within
the hours of 10:00 pm and 2:30 am.
(b) For the same reasons identified in subsection (a), both stationary and roaming sidewalk
vending shall not be permitted in the following limited areas:
(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
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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;
(1) The legal name and current address, telephone number, and email address of the
applicant, who must be a natural person (i.e., an individual human being and not a
corporation, firm, partnership, etc.); a copy of the applicant’s California driver’s license,
California identification card, U.S. Passport, individual taxpayer identification number,
federal identification number, or other identification number or card issued by a foreign
government;
(2) If sidewalk vending as a representative of a firm, association, or partnership, the name
and address thereof and the names and residences of partners or association members. If
sidewalk vending as a representative of a corporation, the name and address thereof and
the names and residences of officers and a local manager;
(23) 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;
(34) 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. Each
separate concurrently operating vending location requires its own business license and
sidewalk vending permit;
(5) The following release, indemnification, and acknowledgement requirements:
(A) An agreement by the applicant to waive and release the city and its officers,
agents, employees, contractors, and volunteers from and against any and all
claims, costs, liabilities, expenses, or judgments (including attorneys’ fees and
court costs) related to or arising out of the applicant’s sidewalk vending
activities.
(B) An agreement by the applicant to, to the greatest extent allowed by law,
defend, indemnify, and hold harmless the city, its officers, agents, employees,
contractors, and volunteers from and against any and all claims related to or
arising out of the applicant’s sidewalk vending activities.
(C) An acknowledgement and agreement that the applicant’s use of the
sidewalk or other city facilities is at the applicant’s own risk, and it is not the
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city’s responsibility to ensure that the vending location is safe or conducive to
the vending activities;
(46) 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;
(57) An acknowledgement of having read and an agreement to abide by this
Chapter 16B (Sidewalk Vending); and
(68) Commercial general liability insurance policy, automobile, and workers compensation
insurance policies or other such policy as the office of the risk manager of the city of Gilroy
shall require.; and
(7) Indemnification Agreement.
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
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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:
(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
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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.
(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
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(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 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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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, staff held a community workshop on the evening of June 8, 2023,
which was well attended 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: and
WHEREAS, at its meetings of July 10 and July 19, 2023, the City Council
considered the proposed ordinance and following public comment and input, directed that
staff incorporate changes to the sidewalk vending rules, where appropriate, and return
them to the City Council at a future meeting for consideration; 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
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Ordinance No. 2023-XX
Sidewalk Vending
City Council Regular Meeting | August 7, 2023
Page 2 of 2
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2
6
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.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES
HEREBY ORDAIN THE ADDITION OF 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:
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(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.
(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.
(j) “Enforcement official” means any person designated by the city administrator to enforce this
chapter and includes, but is not limited to: community development department or recreation
division staff tasked with code enforcement or compliance, all Gilroy police department sworn
personnel and community service officers, and/or any city-contracted code enforcement officer
or specialist.
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:
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(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 a leashed
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, and excluding any sidewalk areas that are
made non-passable due to any natural barriers or other existing conditions or obstructions
such as posts, parking meters, street trees, planters, or signs that are located on the
sidewalk, 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 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. The size of a city-
permitted shade structure or vending device may vary depending on the location, but in no
event may a sidewalk vendor’s total operational size (including any shade structure or
vending display device) exceed the total operational size allowed in the permit issued to
the sidewalk vendor.
(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 and are no larger than the vending
device itself.
(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) Vendors using a generator approved in conjunction with the sidewalk vending permit
and those that emit smoke or steam shall not be located within twenty-five feet (25’) of
building openings and approved outdoor seating of an eating establishment.
(10) 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
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vending location. Sidewalk vendors are responsible for disposing of the trash associated
with their business and may not use city receptacles for this purpose.
(11) Sidewalk vendors must include any necessary measures needed to prevent and
promptly clean up the splatter of fats, greases, or oils on surroundings.
(12) Sidewalk vendors must appropriately dispose of fats, greases, or oils.
(13) 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.
(14) 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. A properly permitted sidewalk vendor must remain on site for all vending
activities.
(15) 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.
(16) Vending devices shall not be left or stored unattended on public property or within
the public right-of-way.
(17) 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.
(18) 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.
(19) 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.
(20) 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.
(21) Sidewalk vendors shall not block access to or create unreasonable congestion by
maintaining a clear distance of forty-eight inches (48”), unless this conflicts with federal,
state, or local regulations, at: (A) a corner of any street intersection; (B) any fire hydrant,
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; or (F) from
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any roadway. Vending or operating in a way that violates the accessible path of travel for
persons with disabilities is per se unreasonable.
(22) Stationary sidewalk vendors shall not locate their vending device over or within fifteen
feet (15’) of a storm drain.
(23) 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.
(24) Sidewalk vendors shall not connect to city owned utilities such as but not limited to,
electric boxes, water lines, and gas lines.
(25) Vendors shall not allow customers in their queue or encourage customers to interfere
with or obstruct public rights-of-way, pedestrian pathways, or traffic.
(26) Vendors shall maintain at least five feet or 50% of the overall width of the sidewalk or
other pedestrian path, whichever is greater, open to pedestrians.
(27) Vendors may not operate within twenty-five feet (25’) of an automatic teller machine
(ATM).
(28) At locations where on street parking is angled to the curb, the vending device or area
shall be setback two feet (2’) from the curb face.
(29) In order to minimize noise impacts on residential units, in mixed use areas, a vendor
may only engage in sidewalk vending during the hours of operation of adjacent businesses
or uses on the same street.
(30) 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).
(31) 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,
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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.
(3) Within three hundred feet (300’) of a permitted certified farmers’ market during the
limited operating hours of that certified farmers’ market or a special event for which a special
event permit has been issued during the hours of that special event. A “certified farmers’
market” means a location operated in accordance with Chapter 10.5 (commencing with
Section 47000) of Division 17 of the Food and Agricultural Code and any regulations
adopted pursuant to that chapter.
(4) Within four hundred feet (400’) of a school between the hours of 7:00 am and
4:00 pm on school days.
(5) Within six hundred feet (600’) of any entertainment establishment (e.g., clubs) within
the hours of 10:00 pm and 2:30 am.
(b) For the same reasons identified in subsection (a), both stationary and roaming sidewalk
vending shall not be permitted in the following limited areas:
(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.
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(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) The legal name and current address, telephone number, and email address of the
applicant, who must be a natural person (i.e., an individual human being and not a
corporation, firm, partnership, etc.); a copy of the applicant’s California driver’s license,
California identification card, U.S. Passport, individual taxpayer identification number,
federal identification number, or other identification number or card issued by a foreign
government;
(2) If sidewalk vending as a representative of a firm, association, or partnership, the name
and address thereof and the names and residences of partners or association members. If
sidewalk vending as a representative of a corporation, the name and address thereof and
the names and residences of officers and a local manager;
(3) 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;
(4) 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. Each separate
concurrently operating vending location requires its own business license and sidewalk
vending permit;
(5) The following release, indemnification, and acknowledgement requirements:
(A) An agreement by the applicant to waive and release the city and its officers,
agents, employees, contractors, and volunteers from and against any and all
claims, costs, liabilities, expenses, or judgments (including attorneys’ fees and
court costs) related to or arising out of the applicant’s sidewalk vending
activities.
(B) An agreement by the applicant to, to the greatest extent allowed by law,
defend, indemnify, and hold harmless the city, its officers, agents, employees,
contractors, and volunteers from and against any and all claims related to or
arising out of the applicant’s sidewalk vending activities.
(C) An acknowledgement and agreement that the applicant’s use of the
sidewalk or other city facilities is at the applicant’s own risk, and it is not the
city’s responsibility to ensure that the vending location is safe or conducive to
the vending activities
(6) 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;
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(7) An acknowledgement of having read and an agreement to abide by this
Chapter 16B (Sidewalk Vending); and
(8) Commercial general liability, automobile, and workers compensation insurance policies
or other such policy as the office of the risk manager of the city of Gilroy shall require.
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)
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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:
(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
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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.
(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
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(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 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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City of Gilroy
STAFF REPORT
Agenda Item Title:Consideration of the Report of Abatement of Weeds
and Refuse Within the City of Gilroy and Adoption of
a Resolution of the City Council of the City of Gilroy
Confirming the Imposition of Assessment Liens
Against the Land
Meeting Date:August 7, 2023
From:Jimmy Forbis, City Administrator
Department:Fire
Submitted By:Jim Wyatt, Fire Chief
Prepared By:Jonathan Crick, Deputy Fire Marshal
STRATEGIC PLAN GOALS Not Applicable
RECOMMENDATION
It is recommended that Council adopt a resolution allowing the assessment of fees,
minus any qualifying objections, as reported by the Santa Clara County Weed
Abatement Program.
EXECUTIVE SUMMARY
This hearing is the third part of the annual weed abatement process pursuant to
Chapter 12 of the Gilroy City Code. City Council should take action on the costs
associated with removing weeds on specific properties. Such costs constitute a lien on
the property until paid, and according to the City Code, will be collected as part of the
following tax roll.
The City approved the County’s contract for weed abatement services and associated
fees at its February 27, 2023 meeting. At the April 17, 2023 meeting, the City Council
set May 15th as the deadline to abate weeds for locations identified on the property
abatement list. Properties inspected and found in compliance were assessed the
regular inspection fee. Those locations not abated before the May 15, 2023 deadline
were assessed additional fees as noted in the staff report below.
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Consideration of the Report of Abatement of Weeds and Refuse Within the City of Gilroy and
Adoption of a Resolution of the City Council of the City of Gilroy Confirming the Imposition of
Assessment Liens Against the Land
City of Gilroy City Council Page 2 of 4 August 7, 20231
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BACKGROUND
Resolution 2023-08 was adopted by Council on February 27, 2023, to declare weeds a
nuisance and to begin the annual weed abatement process. Under a contract with the
County’s Office of Vegetation Management, the County Weed Abatement Program
provides the weed abatement listing, letters of notification, lot inspections, and
documentation and arranges abatement services if needed.
After Resolution 2023-08 was adopted, the County Weed Abatement Program created a
list of lots requiring abatement. This includes lots on the previous list that have had
failed inspections for the past three (3) years and additional lots added based on non-
abatement during the prior season. All owners of the lots listed were sent a weed
abatement notice, fee information, and an instruction letter package.
On April 17, 2023, a public hearing was held to allow any owner of a listed lot to remove
their lot from the program. Subsequently, Resolution 2023-22 was adopted, approving
the list of properties subject to weed abatement and setting the abatement deadline to
May 15, 2023.
The County conducted its inspections after the May 15th deadline. Property owners
could communicate directly with the County if they had problems getting their lot
abated. Any lot found with weeds after the deadline was sent a notice, and a failed
inspection fee was assessed. The property owners were given an additional two weeks
to perform abatement before becoming subject to abatement by the County.
ANALYSIS
Pursuant to Gilroy City Code Section 12.54, attached is a report of the inspected lots,
those assessed a failed inspection fee, and those that have been abated thus far. All
sites on the list are assessed the $92 inspection fee. The sites with failed inspections
are assessed an additional failed inspection fee of $519, and the lots that required
abatement are assessed an additional $891 administrative fee and the contractor’s
abatement charge. For 2023, there are a total of 161 properties on the list. In 2016,
there were 297 properties on the list. As properties are developed, we expect to see
fewer properties on the weed abatement list in the future. For 2023, 82 lots were
assessed only the $92 fee, an increase of 31 lots since last year. Twenty-two lots were
assessed for the inspection and failed inspection fee for a total of $611, a decrease of
21 from last year. Twenty-five lots were assessed, all the fees described above, as well
as the administrative fee and the actual cost of abatement, an increase of 2 lots in this
category. Eighteen lots were charged various fees depending on the level of service.
Some in this category were from the previous year and were added to the list after the
public hearing in August 2022.
The property owners listed for fee assessment were sent a copy of the proposed
assessment against their property in July. They have been allowed to call, email, or
meet with the Deputy Fire Marshal and County Weed Abatement Program Manager on
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Consideration of the Report of Abatement of Weeds and Refuse Within the City of Gilroy and
Adoption of a Resolution of the City Council of the City of Gilroy Confirming the Imposition of
Assessment Liens Against the Land
City of Gilroy City Council Page 3 of 4 August 7, 20231
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or before August 7, 2023, to discuss, object to, or obtain additional information about
their assessment. Any property owner that did not object or did not provide a substantial
reason why they should not be assessed still has an opportunity to raise objections at
the lien hearing. Any property owner who met with, called, or emailed their objection
and determined there was a mistake or cause for dismissing the assessment fee will be
presented to the City Council for their consideration. The proposed resolution to process
the assessment report, including modifications, if any, is recommended for approval.
ALTERNATIVES
There are no alternatives since this process is dictated by Chapter 12 of the Gilroy City
Code. Property owners may have many reasons that their lot was not abated; however,
unless the County made a mistake in identifying a lot’s ownership, there are few
acceptable reasons to waive the County’s fees. All owners were notified of deadlines
and costs, as required by the City Code.
FISCAL IMPACT/FUNDING SOURCE
The weed abatement program is an annual workplan item of the Fire Department which
contracts with the County of Santa Clara for the services. Adopting the resolution
authorizes the County Assessor’s office to levy the assessments as liens on the listed
properties to be paid by owners and collected by the County via annual property tax
bills.
If the County does not collect adequate funds to meet the program budget, they can
prorate the shortfall to the cities participating in the program based on the percentage of
the properties from each City compared to the total number of properties in the
program. It will not be known until later in the year if there is a shortfall since abatement
activity will continue through October. To date, the program has operated through cost
recovery administered by the County.
PUBLIC OUTREACH
The Communication and Engagement Manager sent out the following wildfire safety
messaging: May 5, 2023 Weed Abatement and the weed abatement deadline (May
15th), May 12, 2023 Defensible Space, May 19, 2023 Ready, Set, Go, and utility bill
insert integrating fire prevention and fireworks safety.
NEXT STEPS
This is the final step in this year’s planned abatement process. However, if more
assessments are needed for this year, a secondary assessment hearing may be
held. Otherwise, any new assessments would be included in next year’s process.
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Consideration of the Report of Abatement of Weeds and Refuse Within the City of Gilroy and
Adoption of a Resolution of the City Council of the City of Gilroy Confirming the Imposition of
Assessment Liens Against the Land
City of Gilroy City Council Page 4 of 4 August 7, 20231
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Attachments:
1. Draft Resolution
2. 2023 Gilroy Assessment Report
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RESOLUTION NO. 2023-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY CONFIRMING THE REPORT OF THE CHIEF OF THE
FIRE DEPARTMENT SETTING FORTH THE DESCRIPTION OF
PROPERTY, NAMING THE OWNERS THEREOF, AND THE
COST OF ABATING THE NUISANCE CAUSED BY THE
GROWING OF WEEDS AND ACCUMULATION OF REFUSE
ON THE PROPERTY, AND PROVIDING THAT SUCH COST
SHALL CONSTITUTE ASSESSMENTS AGAINST THE LAND
WHEREAS, pursuant to Article III of Chapter 12 of the Gilroy City Code, the City
Council of the City of Gilroy did on February 27, 2023, adopt Resolution No. 2023-08
designating certain weeds growing or existing in the City of Gilroy, and refuse to
accumulate in the City, to be a public nuisance and ordered the Chief of the Fire
Department to give notice of the passage of said resolution by posting and publication
in the same manner and for the same time as set forth in Section 12.48 of said code ,
and the Chief of the Fire Department did cause said notice to be so given; and
WHEREAS, pursuant to Resolution No. 2023-08, the property owners, as stated
on the latest tax assessor's role of the lots or parcels determined to have weeds growing
or existing and/or refuse to accumulate were duly noticed that: (1) said weeds and
refuse have been determined to constitute a public nuisance, (2) a public hearing would
be held at which the City Council would hear and consider any and all objections to the
proposed destruction or removal of said weeds or refuse , and (3) weeds and refuse not
removed by the property owners will be removed by City authorities, in which case the
cost of such destruction and/or removal will be assessed upon the lots and lands from
which, or from the front or rear of which, such weeds and accumulation of refuse have
been destroyed or removed, and such costs will constitute a lien upon such lots or lands
until paid and will be collected upon the next tax roll upon which general municipal
taxes are collected; and
WHEREAS, the City Council fixed April 17, 2023, at the hour of six o'clock p.m.,
or as soon as thereafter , in the Council Chambers in the City Hall at 7351 Rosanna
Street, in the City of Gilroy , as the time and place for the hearing provided for in Section
12.50 of said Code, and the notice given included a statement of the stated time and
place of the hearing; and
WHEREAS, the hearing was held on that date in accordance with the City Code,
and no objections were made to the proposed removal and destruction of the weeds
and refuse, and the City Council thereafter adopted Resolution 2023-22 requiring the
Chief of the Fire Department to abate said nuisance by having the weeds destroyed
and the refuse removed as provided in Section 12.51 of the Gilroy City Code; and
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Resolution No. 2023-XX
Weed Abatement Tax Lien
City Council Regular Meeting | August 7, 2023
Page 2 of 3
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WHEREAS, the Chief of the Fire Department has filed his report with the City
Council, setting forth the actions taken in abating the nuisance, stating an account of
the cost of the abatement and an assessment list and identification of each separate
lot or parcel of land by description, together with the expense proposed to be assessed
against each separate lot or parcel and the name of the owners or reputed owners
("Owners") thereof attached hereto as Exhibit “A” and incorporated herein by this
reference; and
WHEREAS, it appears that the Chief of the Fire Department has taken all actions
required of him in abating said nuisance and removing said weeds and refuse and that
the cost thereof, as shown in the said report, is correct and should be confirmed; and
WHEREAS, the City Clerk fixed August 7, 2023, at the hour of six o'clock p.m.,
or as soon thereafter as the item can be heard, in the Council Chambers in the City Hall
at 7351 Rosanna Street, in the City of Gilroy, as the time and place for the hearing
provided for in Section 12.53 of Gilroy City; and
WHEREAS, the Owners were duly noticed of the hearing, at which the City
Council would be presented with the report and assessment list for consideration and
confirmation, the abatement costs proposed to be assessed upon the Owners and the
right of all persons interested, having any objections to the report and assessment list,
or any matter or thing contained therein, to appear and be heard; and
WHEREAS, this hearing was held in accordance with the Gilroy City Code.
NOW THEREFORE, BE IT RESOLVED that a certified copy of this resolution
and the report of the Chief of the Fire Department be turned over to the County Director
of Finance, who constitutes the Assessor and Tax Collector for the City of Gilroy, and
the amounts shown on said report as the cost of the removal of the weeds and refuse
from each of the respective properties and certified as unpaid shall be and constitute a
lien on the property for the amount of such assessment respectively, and the Assessor
and Tax Collector add the amount thereof to the next regular bill for taxes levied against
respective lots and parcels of land for municipal purposes.
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Resolution No. 2023-XX
Weed Abatement Tax Lien
City Council Regular Meeting | August 7, 2023
Page 3 of 3
9
1
0
PASSED AND ADOPTED on this 7th day of August 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
11.2
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Agenda Packet Page 111 of 127
2023 WEED ABATEMENT PROGRAM
ASSESSMENT REPORT
CITY OF GILROY
SITUS APN OWNERS ADDRESS
TAXROLL
AMT
8340 WINTER GREEN 783-03-073 MARQUES, ALBERT 2020 ROCKROSE CT GILROY CA 95020-7931 $92.00
8351 WINTER GREEN 783-03-077 SUNSET HILLS DEVELOPMENT LLC 575 SOUTHSIDE DR STE C GILROY CA 95020 $2,543.59
NO SITUS 783-04-032 HOEY RANCH COMPANY 2485 HECKER PASS HY GILROY CA 95020-8802 $92.00
1920 MANTELLI 783-45-016 SEVILLA, JERRY M AND CUNANAN, CLAIRE L PO BOX 5175 ARAMCO MC DHAHRAN 31311 $2,771.96
0 HOLLYHOCK 783-45-044 ENTERPRISE REI 8 LLC 24168 BIG BASIN WY SARATOGA CA 95070 $5,891.16
2320 WILDROSE 783-46-039 AHMADI, AMINREZA P O BOX 608 LOS GATOS CA 95030 $92.00
783-46-079 LE, ANH & IPX SERVICES INC 682 KAWEAH AVE CLOVIS CA 93619 $1,679.74
0 SUNFLOWER 783-47-003 ENTERPRISE REI 8 LLC 24168 BIG BASIN WY SARATOGA CA 95070 $611.00
9283 BRIARBERRY 783-50-006 SHEVCHENKO, DENIS AND REBECA 9283 BRIARBERRY LN GILROY CA 95020-8210 $92.00
1383 PHEASANT 783-50-050 ARDANUY, PAUL AND JACQUELYN M 1383 PHEASANT DR GILROY CA 95020-8203 $92.00
1463 PHEASANT 783-50-058 PALMER, MARY L 1463 PHEASANT DR GILROY CA 95020-8219 $92.00
8772 FOXGLOVE 783-52-019 SAULAN, KIMCHAU THI TRUSTEE 4125 HECKER PASS RD GILROY CA 95020 $92.00
8775 WILD IRIS 783-52-029 KOLLAREDDY, SRIDHAR 7948 MCCLELLAN RD APT 1 CUPERTINO CA 95014 $92.00
8755 WILD IRIS 783-52-031 ZARGARIAN, HELGA 8755 WILD IRIS DR GILROY CA 95020-0000 $92.00
8745 WILD IRIS 783-52-032 VARGAS, ANABEL AND GOMEZ, MANUEL 1355 ST FRANCIS ST REDWOOD CITY CA 94061 $3,808.20
1381 PEREGRINE 783-55-018 SANTO, EDWIN ICHIRO TRUSTEE 1381 PEREGRINE DR GILROY CA 95020-0000 $92.00
2354 BANYAN 783-65-022 KARBALAEINEMATMOEINI, AMIRHOSSEIN AND SHARIF, SEYEDEHSHABDIZ TRUSTEE 2121 CRUDEN BAY WY GILROY CA 95020-0000 $611.00
9261 TEA TREE 783-72-006 WOODWARD, DEBBIE 9261 TEA TREE CT GILROY CA 95020-0000 $92.00
1881 CAROB 783-72-011 HY, SANG AND YEH, WEN CHUAN WENDY 1841 CAROB CT GILROY CA 95020-0000 $92.00
1830 CAROB 783-72-016 IYER, EASHWAR SUBRAMANIAM AND EASHWAR, SRIVIDYA 1830 CAROB CT GILROY CA 95020-0000 $92.00
1820 CAROB 783-72-017 NGUYEN, HENRY H ET AL 6971 SPUMANTE WY GILROY CA 95020-0000 $92.00
1810 CAROB 783-72-018 OPINSKI, ROSE 2626 FALLBROOK DR MERCED CA 95340 $611.00
9145 TEA TREE 783-72-020 RAMM, ANGELA DAVINA MARTINEZ 574 BLAIRBURRY WY SAN JOSE CA 95123-1303 $2,727.40
9045 TEA TREE 783-72-023 CHAKAMIAN SANJAR AND SHARAREH H 13 FOXGLOVE LN YOUNTVILLE CA 94599-1437 $92.00
9050 TEA TREE 783-72-024 WORBOYS, TIMOTHY D TRUSTEE 9050 TEA TREE WY GILROY CA 95020-0000 $92.00
9035 TEA TREE 783-72-025 ATLLURI SASI K AND SURAPANENI SRI L 10800 MAXINE AVE CUPERTINO CA 95014-0120 $2,845.26
9030 TEA TREE 783-72-026 DO NGOC BICH THI ET AL 979 STORY RD #7024 SAN JOSE CA 95122 $2,732.40
9025 MIMOSA 783-72-027 KOLLAREDDY, USHARANI ET AL 7948 MCCLELLAN RD APT 1 CUPERTINO CA 95014 $92.00
8962 TEA TREE 783-72-030 THIEN, TRACY 38 PARK FLETCHER PL SAN JOSE CA 95136-2403 $92.00
8981 TEA TREE 783-72-031 UNGER, DAVID AND KHAWAJA, MAHREEN 8981 TEA TREE WY GILROY CA 95020-0000 $92.00
8971 TEA TREE 783-72-033 BHATTARAI, ATUL R AND RATNASHREE 1660 WHEATLEY PL SAN JOSE CA 95121-0000 $92.00
8950 MIMOSA 783-72-035 PHAM, LAN ET AL 1085 MICHIGAN AV SAN JOSE CA 95125-2417 $92.00
8955 MIMOSA 783-72-036 INNEH, EMMANUEL AND JENNIFER 1710 VALLEY OAKS DR GILROY CA 95020 $611.00
2204 BANYAN 783-72-039 SAGAR NAYYAR & SAPNA NAYYAR 2282 PENTLAND WAY SAN JOSE CA 95148 $92.00
2203 BANYAN 783-72-040 ROBLES, RONALD E AND MARIA R 1225 VIENNA DR #251 SUNNYVALE CA 94089 $92.00
2224 BANYAN 783-72-042 NAKANO, NANCY N ET AL 2224 BANYAN CT GILROY CA 95020 $92.00
9210 MAHOGANY 783-72-045 NGUYEN PHU BA AND DOAN LILY 2295 S KING RD SAN JOSE CA 95122-2518 $92.00
2253 BANYAN 783-72-050 ZHANG, HONGXIN AND TANG, WEI 2253 BANYAN CT GILROY CA 95020-0000 $92.00
2273 BANYAN 783-72-051 PREMNATH, FLEMING J AND LALITHABAI, SOFIYA S 2356 PATRICIA DR SANTA CLARA CA 95050-5018 $4,532.50
2283 BANYAN 783-72-052 JEONG JONGHUN AND CHOI YUNHEE PO BOX 10652 SAN JOSE CA 95127 $2,593.15
2202 COLUMBINE 783-72-061 KRUPA, STANISLAW TRUSTEE & ET AL 901 CALLE SERRA SAN DIMAS CA 91773 $92.00
2251 MANTELLI 783-72-066 RAMIREZ, PEDRO AND JOSEFINA 2725 SCOTTSDALE DR SAN JOSE CA 95148-3427 $92.00
1681 LONGMEADOW 783-75-081 DHALIWAL JASDEEP S ET AL 1081 S BURNS PL MTN HOUSE CA 95391-1408 $92.00
NO SITUS 790-07-085 KUANG, WEIWEI 1952 EISENHOWER DR SANTA CLARA CA 95054-1621 $611.00
11.2
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Agenda Packet Page 112 of 127
NO SITUS 790-07-086 KUANG, WEIWEI 1952 EISENHOWER DR SANTA CLARA CA 95054-1621 $611.00
NO SITUS 790-07-087 KUANG, WEIWEI 1952 EISENHOWER DR SANTA CLARA CA 95054-1621 $611.00
NO SITUS 790-07-088 KUANG, WEIWEI 1952 EISENHOWER DR SANTA CLARA CA 95054-1621 $611.00
8877 MONTEREY 790-15-036 MARGARETICH, BOZO AND VANJA 946 STANLEY AV LOS ALTOS CA 94024-5067 $92.00
9145 JARDIN 790-16-257 BROOKS, JULIA M ET AL 9145 JARDIN WY GILROY CA 95020 $92.00
9130 KERN 790-17-002 D R HORTON BAY INC 3000 EXECUTIVE PY STE 100 SAN RAMON CA 94583 $92.00
9160 KERN 790-17-003 D R HORTON BAY INC 3000 EXECUTIVE PY STE 100 SAN RAMON CA 94583 $92.00
8401 DIANE 790-30-076 TORRES, ALBERT 8401 DIANE CT GILROY CA 95020-4213 $92.00
401 BROADWAY 790-33-019 FLORES, ANTHONY R PO BOX 1557 GILROY CA 95021-1557 $92.00
0 CHURCH 790-35-001 HOWSON INDUSTRIES LLC 1648 MULBERRY LN SAN JOSE CA 95125-4942 $92.00
8051 CHURCH 790-35-002 MA, WEIMIN TRUSTEE & ET AL 103 CHIPPENDALE CT LOS GATOS CA 95032 $92.00
0 CHURCH 790-35-008 ROMAN CATHOLIC BISHOP OF SAN JOSE 11 FIRST ST GILROY CA 95020 $92.00
0 CHURCH 790-36-002 HOWSON INDUSTRIES LLC 1648 MULBERRY LN SAN JOSE CA 95125-4942 $92.00
1375 1ST 790-39-019 S A PROPERTIES GROUP LLC 5820 STONERIDGE MALL RD STE 225 PLEASANTON CA 94588 $92.00
1355 1ST 790-39-030 YOUMANS, KRAIG AND FORTINO, TERI TRUSTEE 12005 TURLOCK AV SAN MARTIN CA 95046-9432 $92.00
8771 CHURCH 790-53-087 GORAYA, MANU K 860 MAPLE AV SAN MARTIN CA 95046-9538 $92.00
108 CHICKADEE 790-66-057 TEMPLE SAN JOSE LLC 527 SIMAS DR MILPITAS CA 95035-4723 $92.00
7733 MONTEREY 799-03-054 7711 MONTEREY RD LLC 5655 SILVER CREEK VALLEY RD UNIT 305 SAN JOSE CA 95138 $2,894.72
7711 MONTEREY 799-03-055 7711 MONTEREY RD LLC 5655 SILVER CREEK VALLEY RD UNIT 305 SAN JOSE CA 95138 $2,463.74
7273 EIGLEBERRY 799-09-028 KAUR, SANDEEP AND SINGH, SATWANT 3117 OAKGATE WY SAN JOSE CA 95148-3026 $92.00
0 EIGLEBERRY 799-10-042 BAINS, JAGJIT SINGH 3435 HARBOR CT SAN JOSE CA 95127-4311 $92.00
195 9TH 799-10-057 DIAZ, JUAN A PO BOX 193 SAN MARTIN CA 95046 $92.00
7040 CHURCH 799-11-068 DING ANDREW 7595 Newcastle Dr Cupertino CA 95014-5220 $92.00
NO SITUS 799-11-069 GOLDEN BRIDGE PROPERTIES LLC 1669 2 HOLLENBECK AV 185 SUNNYVALE CA 94087 $92.00
7421 HANNA 799-18-031 JEUNG MICHAEL A ET AL 7421 HANNA ST GILROY CA 95020 $597.00
6700 CHURCH 799-33-001 MONSEF, CYRUS 6700 CHURCH ST GILROY CA 95020-6508 $92.00
0 FILBRO 799-44-093 TMP ROYAL WAY LLC 5671 SANTA TERESA BL STE 200 SAN JOSE CA 95123 $611.00
0 ROYAL 799-44-094 TMP ROYAL WAY LLC 5671 SANTA TERESA BL STE 200 SAN JOSE CA 95123 $611.00
0 ROYAL 799-44-095 TMP ROYAL WAY LLC 5671 SANTA TERESA BL STE 200 SAN JOSE CA 95123 $611.00
0 ROYAL 799-44-096 TMP ROYAL WAY LLC 5671 SANTA TERESA BL STE 200 SAN JOSE CA 95123 $611.00
0 ROYAL 799-44-097 TMP ROYAL WAY LLC 5671 SANTA TERESA BL STE 200 SAN JOSE CA 95123 $611.00
0 ROYAL 799-44-098 TMP ROYAL WAY LLC 5671 SANTA TERESA BL STE 200 SAN JOSE CA 95123 $611.00
0 THOMAS 799-44-109 TMP ROYAL WAY LLC 5671 SANTA TERESA BL STE 200 SAN JOSE CA 95123 $611.00
321 LUCHESSA 799-44-110 TMP ROYAL WAY LLC 5671 SANTA TERESA BL STE 200 SAN JOSE CA 95123 $611.00
1410 1ST 808-01-021 EAGLE GARDEN LLC 21701 STEVENS CRK BLV #2610 CUPERTINO CA 95014 $1,958.74
7890 SANTA TERESA 808-01-022 EAGLE GARDEN LLC 21701 STEVENS CRK BLV #2610 CUPERTINO CA 95014 $611.00
1490 1ST 808-01-023 EAGLE GARDEN LLC 21701 STEVENS CRK BLV #2610 CUPERTINO CA 95014 $1,786.07
0 PONDEROSA 808-01-024 PIROZZOLI, MONICA TRUSTEE & ET AL 366 5TH ST GILROY CA 95020 $611.00
NO SITUS 808-19-030 CHRISTOPHER, DONALD C ET AL 305 BLOOMFIELD AV GILROY CA 95020 $92.00
NO SITUS 808-19-031 COMMUNITY RESOURCES, INC 430 E STATE STREET SUITE 100 EAGLE ID 83616 $92.00
0 THOMAS 808-20-008 SUNER CORPORATION 9761 ZUNI LN GILROY CA 95020-0000 $611.00
10 WEST LUCHESSA 808-21-009 YAHYA, NAAIM A TRUSTEE & ET AL 1835 SULLIVAN CT MORGAN HILL CA 95037 $5,145.00
6201 THOMAS 808-38-001 THOMAS ROAD PROPERTIES LTD THE 7888 WREN AV D-143 GILROY CA 95020 $92.00
6151 THOMAS 808-39-066 CORP PRESI BISH CHURCH CHRIST LATTR DAY SN 50 E NORTH TEMPLE FL 22 SALT LAKE CITY UT 84150-3620 $92.00
NO SITUS 810-20-021 HP AG LAND LLC 23 CORPORATE PL 150 NEWPORT BEACH CA 92625 $92.00
2740 HECKER PASS 810-20-033 OWENS FINANCIAL GROUP INC 2221 OLYMPIC BL WALNUT CREEK CA 94595 $611.00
810-28-024 WILLIAMS JAKIE C TRUSTEE & ET AL 1000 MESA RD GILROY CA 95020 $92.00
925 WILDFLOWER 810-28-026 WILLIAMS, JAKIE C TRUSTEE & ET AL 1000 MESA RD GILROY CA 95020-6820 $92.00
935 WILDFLOWER 810-28-027 WILLIAMS, JAKIE C TRUSTEE & ET AL 1000 MESA RD GILROY CA 95020-6820 $92.00
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945 WILDFLOWER 810-28-028 WILLIAMS, JAKIE C TRUSTEE & ET AL 1000 MESA RD GILROY CA 95020-6820 $92.00
955 WILDFLOWER 810-28-029 WILLIAMS, JAKIE C TRUSTEE & ET AL 1000 MESA RD GILROY CA 95020-6820 $92.00
950 WILDFLOWER 810-28-032 WILLIAMS, JAKIE C TRUSTEE & ET AL 1000 MESA RD GILROY CA 95020-6820 $92.00
940 WILDFLOWER 810-28-033 WILLIAMS, JAKIE C TRUSTEE & ET AL 1000 MESA RD GILROY CA 95020-6820 $92.00
930 WILDFLOWER 810-28-034 WILLIAMS, JAKIE C TRUSTEE & ET AL 1000 MESA RD GILROY CA 95020-6820 $92.00
920 WILDFLOWER 810-28-035 WILLIAMS, JAKIE C TRUSTEE & ET AL 1000 MESA RD GILROY CA 95020-6820 $92.00
910 WILDFLOWER 810-28-036 WILLIAMS, JAKIE C TRUSTEE & ET AL 1000 MESA RD GILROY CA 95020-6820 $92.00
900 WILDFLOWER 810-28-037 WILLIAMS, JAKIE C TRUSTEE & ET AL 1000 MESA RD GILROY CA 95020-6820 $92.00
6675 EAGLE RIDGE 810-60-018 DO & PARTNERS LLC 9419 GERANIUM CL FOUNTAIN VALLEY CA 92708 $92.00
6685 EAGLE RIDGE 810-60-019 DO & PARTNERS LLC 9419 GERANIUM CL FOUNTAIN VALLEY CA 92708 $92.00
6695 EAGLE RIDGE 810-60-020 DO & PARTNERS LLC 9419 GERANIUM CL FOUNTAIN VALLEY CA 92708 $92.00
1520 HECKER PASS 810-66-012 VILLAGE AT SANTA TERESA LP 1700 EL CAMINO REAL S 400 SAN MATEO CA 94402 $92.00
7518 FERNIE 810-67-041 RADOSEVICH, ERIC J TRUSTEE 7518 FERNIE CT GILROY CA 95020-0000 $92.00
6615 EAGLE RIDGE 810-72-029 DO & PARTNERS LLC 9419 GERANIUM CL FOUNTAIN VALLEY CA 92708 $92.00
6625 EAGLE RIDGE 810-72-030 DO & PARTNERS LLC 9419 GERANIUM CL FOUNTAIN VALLEY CA 92708 $92.00
6635 EAGLE RIDGE 810-72-031 DO & PARTNERS LLC 9419 GERANIUM CL FOUNTAIN VALLEY CA 92708 $92.00
6645 EAGLE RIDGE 810-72-032 DO & PARTNERS LLC 9419 GERANIUM CL FOUNTAIN VALLEY CA 92708 $92.00
6651 EAGLE RIDGE 810-72-033 DO & PARTNERS LLC 9419 GERANIUM CL FOUNTAIN VALLEY CA 92708 $92.00
6655 EAGLE RIDGE 810-72-034 DO & PARTNERS LLC 9419 GERANIUM CL FOUNTAIN VALLEY CA 92708 $92.00
6671 EAGLE RIDGE 810-72-035 DO & PARTNERS LLC 9419 GERANIUM CL FOUNTAIN VALLEY CA 92708 $92.00
MONTEREY 835-01-034 UNION PACIFIC CO 10031 FOOTHILLS BLVD ROSEVILLE CA 95030 $3,769.00
MONTEREY 835-01-035 UNION PACIFIC CO 10031 FOOTHILLS BLVD ROSEVILLE CA 95030 $3,769.00
MURRAY 835-01-059 HIGHLY VISUAL LLC 8840 FOREST ST GILROY CA 95020 $183.00
8585 MURRAY 835-01-065 ESPARZA ROBERT TRUSTEE 443 EL CAJON DR SAN JOSE CA 95111-3509 $183.00
210 LAS ANIMAS 835-02-013 SHELTON, G WILLIAM 1216 PALADIN WY PLEASANTON CA 94566 $92.00
MONTEREY 835-02-014 UNION PACIFIC CO 10031 FOOTHILLS BLVD ROSEVILLE CA 95030 $688.00
0 LAS ANIMAS 835-02-016 CLOMONEY LLC PO BOX 60352 SUNNYVALE CA 94088 $92.00
0 LAS ANIMAS 835-02-061 CLOMONEY LLC PO BOX 60352 SUNNYVALE CA 94088 $92.00
402 MADISON 835-03-059 ZEPEDA ALFREDO ET AL 1420 DUROUX RD LA MARQUE TX 77568 $183.00
NO SITUS 835-04-067 MONTANO, LYDIA R AND ALFRED 15191 KARL AV MONTE SERENO CA 95030-2229 $611.00
NO SITUS 835-04-068 MONTANO, LYDIA R AND ALFRED 15191 KARL AV MONTE SERENO CA 95030-2229 $611.00
315 LAS ANIMAS 835-05-006 LAS ANIMAS DEVEL COLLC PO BOX 1772 GILROY CA 95021 $92.00
135 LAS ANIMAS 835-05-007 BALDEV MANN & GURMET MANN 832 BELL ST EAST PALO ALTO CA 94303 $183.00
55 LAS ANIMAS 835-05-008 SHELTON G WILLIAM 1216 PALLADIN WAY PLEASANTON CA 94566 $183.00
410 COHANSEY 835-05-016 GERA NICHOLAS TRUSTEE & ET AL 19341 MONTE VISTA DR SARATOGA CA 95070-6219 $183.00
405 LAS ANIMAS 835-05-024 TES INVESTMENTS LLC 1754 TECHNOLOGY DR STE 120C SAN JOSE CA 95110 $183.00
FOREST 835-31-030 8805 FORREST QOZB LLC PO BOX 787 DIABLO CA 94528 $183.00
FOREST 835-31-031 HOLLER DYLAN R TRUSTEE 405 SPRING GROVE RD HOLLISTER CA 95023 $183.00
SWANSTON 841-01-064 SWANSTON LANE LLC 18640 SUTTER BLVD STE 100 MORGAN HILL CA 95037 $183.00
841-02-046 UNION PACIFIC CO 10031 FOOTHILLS BLVD ROSEVILLE CA 95030 $8,749.00
841-02-055 DRL PROPERTIES LLC 2545 MUIRFIELD WAY GILROY CA 95020 $183.00
341 LEWIS 841-03-063 PATEL JITENDRA AND NAYANA TRUSTEE 39625 FREMONT BLVD FREMONT CA 94538 $183.00
311 LEWIS 841-03-070 RODRIGUEZ QUIRINO V AND VAZQUEZ YOLANDA 835 GREEN VALLEY RD WATSONVILLE CA 95076 $183.00
222 MARTIN 841-06-040 LIU DENG AND CHEN SASHA 400 PALM AVE MILLBRAE CA 94030 $183.00
7492 CHESTNUT 841-07-027 SANCHEZ ELOY G AND ANGELICA M 7492 CHESTNUT ST GILROY CA 95020 $688.00
7472 CHESTNUT 841-07-043 TORRES-FERNANDEZ ELISA ET AL 7472 CHESTNUT ST GILROY CA 95020-5806 $688.00
7498 CHESTNUT 841-07-049 ZHENG SHAO LAN AND ZHU YINGGUANG 7498 CHESTNUT ST GILROY CA 95020-5806 $688.00
SOUTH VALLEY 841-10-039 PACIFIC GAS AND ELECTRIC CO ATT: Nguyen Chau 111 ALMADEN BLVD SAN JOSE CA 95115 $688.00
SOUTH VALLEY 841-14-058 UNION PACIFIC CO 10031 FOOTHILLS BLVD ROSEVILLE CA 95030 $688.00
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SOUTH VALLEY 841-14-059 UNION PACIFIC CO 10031 FOOTHILLS BLVD ROSEVILLE CA 95030 $3,736.00
841-14-060 UNION PACIFIC CO 10031 FOOTHILLS BLVD ROSEVILLE CA 95030 $5,964.00
841-14-072 UNION PACIFIC CO 10031 FOOTHILLS BLVD ROSEVILLE CA 95030 $7,116.00
5870 MONTEREY 841-14-080 GARLIC FARM TRUCK CENTER LLC 5000 E 2ND ST UNIT G BENECIA CA 94510 $2,381.50
6900 CAMERON 841-17-100 MCCARTHY GILROY LLC 210 ALMENDRA AVE LOS GATOS CA 95030-7211 $688.00
6503 CAMERON 841-17-107 MCCARTHY GILROY LLC 210 ALMENDRA AVE LOS GATOS CA 95030-7211 $688.00
841-17-121 UNITED NATURAL FOODS WEST INC 100 OLIVER ST FLR 18TH BOSTON MA '02110 $688.00
402 HADLEY 841-53-032 MARQUEZ, PRISCILLA A 402 HADLEY CT GILROY CA 95020-5839 $92.00
841-53-066 NGUYEN THU TAM 2673 MCLAUGHLIN AVE SAN JOSE CA 95121-2752 $183.00
841-69-042 SOUTHPOINT BUSINESS PARK ASSOCIATES P O BOX 5368 SAN JOSE CA 95150 $183.00
PACHECO PASS 841-70-014 CAPRARA JANICE TRUSTEE & ET AL 26769 EL CAMINO REAL NORTH GONZALES CA 93926 $183.00
HOLLOWAY 841-70-026 GILROY PARTNERS LLC 67 MOUNTAIN BLVD UNIT 201 WARREN NJ '07059 $3,217.00
555 HOLLOWAY 841-70-037 ROCHA JOE A AND VICTORIA M 575 SOUTHSIDE DR GILROY CA 95020 $183.00
6970 CAMINO ARROYO 841-70-049 TEMPLE GILROY LLC 527 SIMAS DR MILPITAS CA 95035-4723 $702.00
5885 ROSSI 841-72-001 SIEMPRE SOBRE EL DINERO LLC 190 MONTGOMERY ST N SAN JOSE CA 95110 $611.00
560 ROSSI 841-72-008 PULMUONE FOODS USA INC 2315 MOORE AVE FULLERTON CA 92833 $702.00
LUCHESSA 841-73-005 LONESTAR CALIFORNIA INC 1501 BELVEDERE RD WEST PALM BEACH FL 33406 $1,207.00
5980 TRAVEL PARK 841-75-011 HOANG VINCE AN TRI 5240 MONTEVERDE LN LINCOLN CA 95648 $702.00
6601 CAMERON 841-84-009 MCCARTHY GILROY LLC 210 ALMENDRA AVE LOS GATOS CA 95030-7211 $183.00
Total $120,251.13
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Page 1 of 4
City of Gilroy
STAFF REPORT
Agenda Item Title:Introduction of an Ordinance of the City of Gilroy
Amending Section 2.13 of the Gilroy City Code to
Modify the Regular Meeting Schedule of the City
Council
Meeting Date:August 7, 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
1. Motion to read the ordinance by title only and waive further reading of the
ordinance; and
2. Introduce an ordinance of the City Council of the City of Gilroy amending Chapter
2 relating to the Regular Meeting Schedule of the City Council.
EXECUTIVE SUMMARY
This staff report proposes an amendment to Section 2.13 of the Gilroy City Code
regarding regular meetings of the City Council. The purpose of this amendment is to
address two items:
1) the removal of regular meetings for the month of July; and
2) timing of installing newly elected council members following the certification of
election results by the Santa Clara County Registrar of Voters (ROV).
Historically, the City of Gilroy attempts to install newly elected council members during
the first meeting of December. However, due to the ROV's certification timeline, this
installation has been missed in recent years. To rectify this issue and ensure
13.1
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Agenda Packet Page 116 of 127
Introduction of an Ordinance of the City of Gilroy Amending Section 2.13 of the Gilroy City Code
to Modify the Regular Meeting Schedule of the City Council
City of Gilroy City Council Page 2 of 4 August 7, 2023
compliance with the City Charter, it is recommended to modify the City Code to have
only one regular meeting in December, scheduled on the second Monday of the month.
BACKGROUND
The Registrar of Voters is responsible for certifying election results within thirty days
from the date of the election. In the past, the ROV has typically been able to provide the
certification of the election before the first City Council meeting, allowing the City of
Gilroy to install newly elected council members during the first meeting of December.
However, in the recent municipal election held on November 8, 2022, the ROV certified
the results on December 8, 2022, missing the December 5, 2022 Regular Meeting. This
delay in certification caused the City to be unable to install the newly elected council
members as scheduled.
Looking ahead, next year's General Municipal Election is scheduled for November 5,
2024. Based on experience and the fact that it is a presidential election year, it is
anticipated that the ROV will require the full thirty-day period to certify the general
election results. Consequently, the certification date for the general election is expected
to fall on December 5, 2024, which would again result in the City missing the December
2, 2024 City Council Regular Meeting for the installation of newly elected council
members.
Furthermore, the City Charter, specifically Section 402, outlines the term of office for the
Mayor and City Council members. According to this section, elected officials assume
office after the first regular meeting following the certification of the City Council
election. Therefore, it is crucial to ensure that the installation of newly elected members
aligns with the City Charter's requirements.
Given these circumstances, it is necessary to amend the City Code to address the
timing of installing newly elected council members following the certification of election
results by the ROV. By modifying the regular meeting schedule to have the first regular
meeting in December scheduled on the second Monday of the month, the City can
ensure compliance with the City Charter and provide a more suitable timeframe for
installing newly elected council members.
ANALYSIS
To address the challenges mentioned above, it is proposed to amend Section 2.13(a) of
the Gilroy City Code as follows (additions are bolded and italicized, and removals are
strikethrough):
2.13 Regular meetings.
(a) Time. Regular meetings of the City Council shall be held on the first
and third Mondays of each month at 6:00 p.m. Whenever the day fixed for
any regular meeting of the council falls upon a day designated by law as a
legal or national holiday, such meeting shall be held at the same hour on
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Introduction of an Ordinance of the City of Gilroy Amending Section 2.13 of the Gilroy City Code
to Modify the Regular Meeting Schedule of the City Council
City of Gilroy City Council Page 3 of 4 August 7, 2023
the next Monday. If said Monday is also a legal or national holiday, the
council meeting shall be held on the next weekday not a holiday following
said Monday.
Notwithstanding the above, at least one regular council meeting shall be
held in July. The date of the first regular meeting shall be held on the first
day of July not a holiday and excluding Friday, Saturday or Sunday.
No regular council meetings shall be held in the month of July.
Special meetings may be scheduled during the same month by the
Council as needed.
Notwithstanding the above, at least one regular meeting shall be held
in December. The regular meeting in December shall be held on the
second Monday of the month at 6:00 p.m.
This amendment does two things:
1. It enables the City to have a designated summer recess from the 2nd meeting of
June until the 1st meeting in August, providing an opportunity for council
members, staff, and the community to enjoy a longer break during the summer
season. This recess period allows for more efficient use of resources and
acknowledges the historically lower attendance during the summer months. In
addition, these changes ensure clarity allowing the Council to convene in July
when necessary. Otherwise known as a ”Legislative Recess,” this break is
common in many cities.
2. It codifies the City's current practice of having one regular meeting in December
and canceling the second regular meeting. Formalizing this practice into the City
Code ensures that there is only one regular meeting in December, providing
council members, staff, and the community an opportunity to observe the holiday
season. Furthermore, this amendment aligns with the requirements of the City
Charter by allowing for the installation of newly elected members after the first
regular meeting following the certification of the City Council election.
ALTERNATIVES
Council may choose to reject or modify the ordinance. Should Council determine to
modify the proposed ordinance, the introduction process would be restarted with a new
introduction and first reading.
FISCAL IMPACT/FUNDING SOURCE
The proposed amendment to the City Code does not have any direct financial or
operational implications for the City of Gilroy. It primarily addresses procedural matters
to ensure compliance with the City Charter and streamlines the installation of newly
elected council members.
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Introduction of an Ordinance of the City of Gilroy Amending Section 2.13 of the Gilroy City Code
to Modify the Regular Meeting Schedule of the City Council
City of Gilroy City Council Page 4 of 4 August 7, 2023
PUBLIC OUTREACH
Public outreach efforts were conducted regarding the proposed amendment. The
outreach activities included:
•Publication in the Gilroy Dispatch: On July 28, 2023, the proposed amendment
was publicized in the Gilroy Dispatch.
•City's Website: The proposed amendment was also posted on the City's official
website, accessible to the general public.
NEXT STEPS
Should Council approve the introduction of the proposed ordinance at this meeting,
Council will need to adopt it at its regular meeting on August 21, 2023. Once adopted,
staff will update the Gilroy City Code and prepare the 2024 meeting schedule.
Attachments:
1. Proposed Ordinance
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ORDINANCE NO. 2023-XX
AN ORDINANCE OF THE CITY OF GILROY AMENDING
SECTION 2.13 OF THE GILROY CITY CODE TO MODIFY
THE REGULAR MEETING SCHEDULE OF THE CITY
COUNCIL
WHEREAS, the City of Gilroy currently holds regular meetings on the first and third
Mondays of each month, as specified in Section 2.13(a) of the Gilroy City Code; and
WHEREAS, it is deemed necessary and in the best interest of the City to modify
the City Code to eliminate the July meeting requirement and allow for a summer recess
while providing flexibility for scheduling special meetings in July as needed; and
WHEREAS, it is deemed necessary and in the City’s best interest to amend the
City Code to have only one regular meeting in December and to schedule it on the second
Monday of the month.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION I
The foregoing recitals are true and correct and are incorporated herein by this reference.
SECTION II
Section 2.13(a) of the Gilroy City Code shall be amended as follows:
Time. Regular meetings of the city council shall be held on the first and third Mondays of
each month at 6:00 p.m. Whenever the day fixed for any regular meeting of the council
falls upon a day designated by law as a legal or national holiday, such meeting shall be
held at the same hour on the next Monday. If said Monday is also a legal or national
holiday, the council meeting shall be held on the next weekday not a holiday following
said Monday.
No regular council meetings shall be held in the month of July. Special meetings may be
scheduled during the same month by the Council as needed.
Notwithstanding the above, at least one regular meeting shall be held in December. The
regular meeting in December shall be held on the second Monday of the month at 6:00
p.m.
SECTION III
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason
held to be invalid or unconstitutional, such decision shall not affect the validity of the
remaining portions of this ordinance. The City Council of the City of Gilroy hereby declares
that it would have passed and adopted this ordinance, and each section, subsection,
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Ordinance No. 2023-XX
Amending City Council Regular Meetings
City Council Regular Meeting | August 7, 2023
Page 2 of 2
7
1
4
sentence, clause or phrase hereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses or phrases may be declared invalid or unconstitutional.
SECTION IV
This Ordinance shall take effect thirty (30) days after its adoption. The City Clerk is hereby
directed to publish this Ordinance or a summary thereof pursuant to Government Code
Section 36933.
PASSED AND ADOPTED this 21st day of August 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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