09/11/2023 City Council Regular Agenda Packet
September 11, 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, SEPTEMBER 11, 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
PUBLIC COMMENTS ON AGENDA ITEMS ARE TAKEN BEFORE THE CITY COUNCIL TAKES ACTION. Please keep
your comments to 3 minutes. Time restrictions may vary based on the Mayor's discretion.
Send written comments on any agenda item to publiccomment@cityofgilroy.org or City Hall, 7351 Rosanna Street,
Gilroy, CA 95020. Comments received by 1 p.m. on the meeting day will be distributed to the City Council before the
meeting. Comments are also available 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 assistance,
contact the City Clerk’s Office 72 hours before the meeting at (408) 846-0204 or
cityclerk@cityofgilroy.org.
If you dispute any planning or land use decision from this meeting in court, you may only raise issues you or
someone else presented at this meeting's public hearing or in written letters to the City Council before the hearing.
Be aware that the time to seek a judicial review of any final decision made at this meeting is defined by Section
1094.6 of the California Code of Civil Procedure.
During this meeting, a Closed Session may be called under Government Code Section 54956.9 (d)(2). This will
happen if, in the City's legislative body's opinion (based on current facts, circumstances, and legal advice), there's
a significant risk of a lawsuit against the City.
Additional materials submitted after agenda distribution are available on www.cityofgilroy.org as soon as possible.
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.
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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 translation assistance, contact the City Clerk 72 hours before the meeting at 408-846-0204 or
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.
Accessing Meeting Translations | Accediendo a las Traducciones de la Reunión
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.
Use sus auriculares para escuchar el audio o leer la transcripción en el
dispositivo.
The agenda for this meeting is outlined 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
2.1. Proclamation Proclaiming September 2023 as Childhood Cancer
Awareness Month
2.2. Proclamation Proclaiming September 2023 National Preparedness Month
3. PRESENTATIONS TO THE COUNCIL
3.1. Annual Presentation to Council – Library Commission
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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 part of the meeting allows public address on non-agenda topics within the Council's
jurisdiction. To speak, complete a Speaker's Card from the entrances and give it to the City
Clerk. Speaking time ranges from 1-3 minutes based on the Mayor's discretion. Extended
discussions or actions on non-agenda items are restricted by law. For Council action, the topic
may be listed on a future agenda.
Email written comments on non-agenda topics to publiccomment@cityofgilroy.org or mail to City
Hall, 7351 Rosanna Street, Gilroy, CA 95020, by 1:00 pm on the meeting day. These comments,
available at City Hall, will be shared with the Council and included in the meeting record. Late
submissions will be shared as soon as possible. A 10-page limit applies to hard-copy materials,
but electronic submissions are unlimited.
4. CITY COUNCIL TRAINING
4.1. Council Roles and Responsibilities During an Emergency Operation
Activation
5. 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
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
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6. COUNCIL CORRESPONDENCE
6.1. City Council Member Meeting Attendance
6.2. Receive State-Certified 2023-2031 Housing Element for the City of Gilroy
(Note that this is the final, official version of the Housing Element that was
approved on May 1, 2023)
6.3. Letter from City of Gilroy Open Government Commission
7. FUTURE COUNCIL INITIATED AGENDA ITEMS
8. CONSENT CALENDAR
Items under the Consent Calendar are deemed routine and approved with one motion. If a Council member or
a member of the public wishes for a separate discussion on an item, it must be requested for removal before
the Council's approval vote. If removed, the item will be discussed in its original order. 8.1. Approval of the Action Minutes of the August 21, 2023 City Council Regular
Meeting
8.2. A Resolution of the City Council of the City of Gilroy to Release Unclaimed
Checks to the City's General Fund in accordance with California
Government Code Section 50053
8.3. A Resolution of the City Council of the City of Gilroy Updating the
Appropriation Limit for Fiscal Year 2023-24
8.4. Approving the 2024 City Council Meeting Schedule
8.5. Adoption 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
8.6. Approval of City Council Members' Travel for the League of California
Cities Conference
8.7. Claim of Rita Castro (The City Administrator Recommends a 'Yes' Vote
Under the Consent Calendar Shall Constitute a Denial of the Claim)
9. BIDS AND PROPOSALS (NONE)
10. PUBLIC HEARINGS
10.1. Proposed Tentative Map for a three-lot subdivision at 7040 Church Street,
Application No. TM 22-03
1. Disclosure of Ex-Parte Communications
2. Staff Report: Sharon Goei, Community Development Director
3. Open Public Hearing
4. Close Public Hearing
5. Possible Action:
Staff has analyzed the proposed project and recommends the following:
a) That the City Council, based on its independent analysis, determines that
the proposed Tentative Map is exempt from further environmental review
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and qualifies for the State CEQA Guidelines Class 15 Exemption, Minor
Land Divisions, because the proposed subdivision results in less than four
parcels, is in conformance with the City’s General Plan and Zoning, seeks
no exceptions or variances, and all necessary services and access to the
resulting parcels are available; and
b)Adopt a resolution to approve the proposed tentative map to divide the
property, known as 7040 Church Street, APN 799-11-068, into three
residential parcels.
11.UNFINISHED BUSINESS (NONE)
12.INTRODUCTION OF NEW BUSINESS
12.1. Gilroy Garlic Festival Memorial Repairs/Upgrades
1.Staff Report: Jimmy Forbis, City Administrator
2.Public Comment
3. Possible Action:
Council receive report and provide feedback as
appropriate.
13.CITY ADMINISTRATOR'S REPORTS
13.1. Love Gilroy/Fight Dirty Campaign Update
13.2. Gilroy Cares – Employee Wellness Program
13.3. Update on Sidewalk Vending Enforcement Program
14.CITY ATTORNEY'S REPORTS
15.CLOSED SESSION
15.1. THREAT TO PUBLIC SERVICES OR FACILITIES
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Pursuant to Government Code section 54957; Gilroy City Code Chapter 17A
Consultation with Gilroy Police Department and Chief Espinoza
Gilroy City Code Section 17A.11(1)
16.
17.
ADJOURN TO OPEN SESSION
Report of any action taken in Closed Session and vote or abstention of each Council
Member if required by Government Code Section 54957.1 and GCC Section 17A.13 (a);
Public Report of the vote to continue in closed session if required under GCC Section
17A.11 (e).
ADJOURNMENT
September 11, 2023 | 6:00 PM Page 6 of 6 City Council
Regular Meeting Agenda Packet
FUTURE MEETING DATES
September 2023
18 Regular Meeting - 6:00 p.m
October 2023
2 Regular Meeting - 6:00 p.m
16 Regular Meeting - 6:00 p.m
November 2023
6 Regular Meeting - 6:00 p.m
20 Regular Meeting - 6:00 p.m
Meetings are webstreamed on the City of Gilroy’s website at gilroy.city/meetings.
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2.1. Proclamation Proclaiming September 2023 as Childhood Cancer
Awareness Month
Agenda Item 2.1
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Attested to by:
Marie Blankley Thai Nam Pham
MAYOR City Clerk
j HEREAS, the character of our community is revealed in how we
treat our most vulnerable; and
WHEREAS, cancer remains the leading cause of death by disease
among children — more than asthma, diabetes, cystic
fibrosis, congenital anomalies, and AIDS combined; and
WHEREAS, nonprofit organizations serving South Santa Clara County
such as Jacob’s Heart have been keeping medically
fragile children and families housed, fed and emotionally
supported; and
WHEREAS, the oncology department at Lucile Packard Children's
Hospital at Stanford recognizes Jacob's Heart as a
trusted community partner in providing family-centered
care that addresses the emotional, practical, and
financial struggles of families of children with cancer in
South Santa Clara County; and
WHEREAS, it is important for all Gilroy City residents to recognize the
impact of pediatric cancer on families within our
community and honor the children in our community
whose lives have been cut short by cancer.
NOW, THEREFORE, I, Marie Blankley, Mayor of the City of Gilroy, on this
11th day of September 2023, together with the City Council, do hereby
proclaim September 2023 as
CHILDHOOD CANCER AWARENESS
MONTH
V|àç Éy Z|ÄÜÉç
Agenda Item 2.1
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2.2. Proclamation Proclaiming September 2023 National Preparedness
Month
Agenda Item 2.2
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Agenda Item 2.2
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6.1. City Council Member Meeting Attendance
Agenda Item 6.1
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Present Absent Present Absent Present Absent
Marie Blankley 21 0 0 0 21 0
Rebeca Armendariz 18 3 0 0 18 3
Dion Bracco 21 0 0 0 21 0
Tom Cline 21 0 0 0 21 0
Zach Hilton 18 3 0 0 18 3
Carol Marques 20 1 0 0 20 1
Fred Tovar 20 1 0 0 20 1
2024 TOTAL
City of Gilroy City Council Member Attendance to Council Meetings
(2023 - 2024 YTD)
2023 (YTD)
Agenda Item 6.1
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2023 Calendar Year Attendance Including 12/12/2022 Meeting
12/12/2022 Special1/9/2023 Regular1/23/2023 Regular1/28/2023 Special2/6/2023 Regular2/27/2023 Regular3/6/2023 Regular3/13/2023 Special3/20/2023 Regular4/3/2023 Regular4/17/2023 Regular5/1/2023 Regular5/3/2023 Special5/15/2023 Regular5/22/2023 Special Marie Blankley P P P P P P P P P P P P P P P
Rebeca Armendariz P P P P P P P P P P P A A P P
Dion Bracco P P P P P P P P P P P P P P P
Tom Cline P P P P P P P P P P P P P P P
Zach Hilton P P P P P P P P P A P P P P P
Carol Marques P P P P P P P P P P P P P P P
Fred Tovar P P P P P P P P P P P P P P P
6/5/2023 Regular6/19/2023 Regular7/10/2023 Special7/19/2023 Special8/7/2023 Regular8/21/2023 Regular9/11/2023 Regular9/18/2023 Regular10/2/2023 Regular10/16/2023 Regular11/6/2023 Regular11/20/2023 Regular12/4/2023 Regular12/11/2023 SpecialMarie Blankley P P P P P P
Rebeca Armendariz P P P A P P
Dion Bracco P P P P P P
Tom Cline P P P P P P
Zach Hilton P A P A P P
Carol Marques P P P A P P
Fred Tovar P P P P A P
Marie Blankley
Rebeca Armendariz
Dion Bracco
Tom Cline
Zach Hilton
Carol Marques
Fred Tovar
20 1
20 1
21 0
21 0
18 3
Total 2023 Present YTD Total 2023 Absent YTD
21 0
18 3
Agenda Item 6.1
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6.2. Receive State-Certified 2023-2031 Housing Element for the City of
Gilroy
(Note that this is the final, official version of the Housing Element that
was approved on May 1, 2023)
Agenda Item 6.2
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STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
August 21, 2023
Sharon Goei, Director
Community Development Department
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
Dear Sharon Goei:
RE: City of Gilroy’s 6th Cycle (2023-2031) Adopted Housing Element
Thank you for submitting the City of Gilroy’s housing element that was adopted on
May 1, 2023. Technical modifications to the adopted element, authorized by Resolution
Number 2023-26, were made available to the public for seven days and received for
review on August 9, 2023. Pursuant to Government Code section 65585, subdivision
(h), the California Department of Housing and Community Development (HCD) is
reporting the results of its review.
HCD is pleased to find the adopted housing element in substantial compliance with
State Housing Element Law (Gov. Code, § 65580 et seq) as of August 21, 2023. The
adopted element, including technical modifications, address the statutory requirements
described in HCD’s July 6, 2023 review.
Additionally, the City must continue timely and effective implementation of all programs
including but not limited to the following:
• Program A-1 (No Net Loss Inventory and Monitoring)
• Program A-2 (Surplus Lands/Affordable Housing on City-Owned Sites)
• Program A-3 (By-Right Approval on “Reused” RHNA Sites)
• Programs A-6 through A-9 and A-15 (Facilitate ADU Production)
• Program A-10 (Facilitate Missing Middle)
• Program A-11 (Inclusionary Housing Policy)
• Program B-3 (SB 35 Permit Processing)
• Program B-6 (Objective Standards)
• Programs C-1 and C-6 (Monitoring and Preservation of At-Risk Units)
• Program E-3 (Emergency Shelter Standards)
• Program E-4 (Low Barrier Navigation Centers)
• Program E-7 (Development and Conservation of Housing for Farmworkers)
Agenda Item 6.2
Agenda Packet Page 15 of 188
Sharon Goei, Director
Page 2
• Program E-10 (Housing for Persons with Disabilities)
• Program E-11 (Extremely Low Income and Special Needs Households)
• Program E-13 (Permanent Supportive Housing)
• Program F-3 (Place-Based Improvements in Downtown Gilroy)
• Program F-4 (Housing Mobility and Choice in Higher Opportunity Areas)
The City must monitor and report on the results of these and other programs through
the annual progress report, required pursuant to Government Code section 65400.
Please be aware, Government Code section 65585, subdivision (i) grants HCD authority
to review any action or failure to act by a local government that it determines is
inconsistent with an adopted housing element or housing element law. This includes
failure to implement program actions included in the housing element. HCD may revoke
housing element compliance if the local government’s actions do not comply with state
law.
For your information, some general plan element updates are triggered by housing
element adoption. HCD reminds the City to consider timing provisions and welcomes
the opportunity to provide assistance. For information, please see the Technical
Advisories issued by the Governor’s Office of Planning and Research at:
https://www.opr.ca.gov/planning/general-plan/guidelines.html.
Several federal, state, and regional funding programs consider housing element
compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill
(SB) 1 Sustainable Communities grant, the Strategic Growth Council and HCD’s
Affordable Housing and Sustainable Communities program, and HCD’s Permanent
Local Housing Allocation consider housing element compliance and/or annual reporting
requirements pursuant to Government Code section 65400. With a compliant housing
element, the City now meets housing element requirements for these and other funding
sources.
HCD appreciates the effort and cooperation the City’s housing element team provided
throughout the housing element review and update. HCD wishes the City success in
implementing its housing element and looks forward to following its progress through
the General Plan annual progress reports pursuant to Government Code section 65400.
If HCD can provide assistance in implementing the housing element, please contact
Emily Hovda, of our staff, at Emily.Hovda@hcd.ca.gov.
Sincerely,
Paul McDougall
Senior Program Manager
Agenda Item 6.2
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Certified Housing Element Document
The Certified Housing Element Document is available for viewing. As the document is
comprehensive, spanning over 300 pages, it has not been directly attached to the Agenda
Packet. However, it is accessible through the provided link and QR code.
Document Link: bit.ly/45KnvCz
Scan the QR Code to access the document:
Note: The Certified Housing Element Document is in PDF. Ensure you have a compatible
viewer or software to access it.
For further inquiries or any issues accessing the document, please contact the City
Clerk’s Office at cityclerk@cityofgilroy.org or (408) 846-0204.
Agenda Item 6.2
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6.3. Letter from City of Gilroy Open Government Commission
Agenda Item 6.3
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Open Government Commission
Council Correspondence
7351 Rosanna Street, Gilroy, California 95020-6197
Telephone: (408) 846-0202 | http://www.cityofgilroy.org
Date: September 11, 2023
To: Gilroy City Council
Jimmy Forbis, City Administrator
From: Gilroy Open Government Commission
Re: Enabling Hybrid Public Meetings
The Commission embarked on the hybrid public meetings initiative to further their Fiscal Year 2024 -
2025 workplan and in support of the ordinance that enacted its purpose “…so that every citizen can
know and participate in democracy at the local level” (Gilroy City Code, Chapter 17A). While some of
the city’s technological capabilities to host hybrid meetings pre-existed the COVID pandemic, the City
has invested significantly in modernizing and enhancing its conferencing capability to improve its
ability to host local public meetings.
The Commission studied the hybrid public meeting environment (public attendance in -person and
online) to gauge how other municipalities in Santa Clara County leveraged their technology,
procedures, and visual aids to enhance public participation and access to local government meetings
(Attached). The Commission identified seven (7) technological benchmarks and procedural best
practices for the City Councils’ consideration.
The Commission seeks to provide the City Council with a n update of their analysis, highlighting how
these recommended improvements can enhance public engagement and participation while
leveraging a return on investment by enabling hybrid public meetings.
RECOMMENDATION: The City Council approves agendizing the Commission’s topic to Enabling
Hybrid Public Meetings to allow the Council to receive a 20-minute briefing on enacting the
Commission’s seven (7) recommendations.
The Commission approved this correspondence with the following vote:
Ayes: 3 (Somavia, Enzensperger, Bentz)
Noes: 0
Absent: 1 (Irwin)
Abstain: 0
Diana Bentz
Open Government Commission Chair
Jimmy Forbis
City Administrator and
Commission Executive Sponsor
Commission Chair
Diana Bentz
Commissioners
Karen Enzensperger
Jessica Irwin
Shayne Somavia
DocuSign Envelope ID: A3190D4E-2668-4B97-BB79-49948DCA3E99 Agenda Item 6.3
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ATTACHMENT
Capabilities Analysis Matrix
DocuSign Envelope ID: A3190D4E-2668-4B97-BB79-49948DCA3E99 Agenda Item 6.3
Agenda Packet Page 20 of 188
8.1. Approval of the Action Minutes of the August 21, 2023 City Council
Regular Meeting
Agenda Item 8.1
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Page 1 of 7
City of Gilroy
City Council Regular Meeting Minutes
Monday, August 21, 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 Hilton led the Pledge of Allegiance.
1.3. Invocation
Pastor Trevor Van Laar from Gilroy Presbyterian Church led the Invocation.
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
Mayor Blankley requested that Agenda Item 12.1 be done after 1.6. The request
received unanimous support.
12.CITY ADMINISTRATOR'S REPORTS
12.1. Gilroy 2023-2031 Housing Element Update
City Administrator Forbis and Community Development Director Goei reported
that the state approved the City’s Housing Element Update.
1.7. Employee Introductions
Police Chief introduced the following new employees to Council:
•Sandra Quintanar, Police Records Technician
•Neil Garrett, Detention Services Officer
•Officer Antonio Gomez
•Officer Brett Batey
Finance Director Sangha introduced newly promoted Accountant Erika Pacheco DRAFTAgenda Item 8.1
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and newly hired Kellie Ullom to Council.
Interim Public Works Director Bjarke introduced the following new employees to
Council:
•Salvatore Russo, Maintenance Worker – Parks and Landscapes
•Everardo Gallegos, Maintenance Worker – Parks and Landscapes
•John Sousa, Supervisor – Parks and Landscapes
2.CEREMONIAL ITEMS - Proclamations and Awards
There were none.
3.PRESENTATIONS TO THE COUNCIL
3.1. Presentation from the League of California Cities
Seth Miller, Regional Public Affairs Manager from League of California Cities,
provided his 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
Mayor Blankley opened Public Comment on items that were not on the agenda.
Robert Zepeda expressed concerns about the recent events in Hawaii,
highlighting the suspicious circumstances surrounding fires and the
significant investments in Hawaiian Electric, and emphasized skepticism
towards potential new COVID-19 mandates and restrictions.
Ron Kirkish addressed concerns about an individual spreading false
information and targeting elected officials on local mass media platforms,
emphasizing his ongoing efforts to address the situation.
There being no further speakers, Mayor Blankley closed Public Comment.
4.REPORTS OF COUNCIL MEMBERS
Council Member Bracco had no report.
Council Member Armendariz had no report.
Council Member Marques reported on Gilroy Gardens Board of Directors.
Council Member Hilton reported on VTA Policy Advisory Committee and Silicon Clean
Energy Authority JPA Board.
Council Member Cline had no report.
Council Member Tovar reported on South County Youth Task Force Policy Team and
attended the “Fill the Boot Maui” fundraiser at the Gilroy Premium Outlets on August 19,
2023.
Mayor Blankley reported on South County Youth Task Force Policy Team, the cancellation
of a VTA Administration and Finance Committee meeting, a potential position on Senator
Wiener's Bill SB 532, the introduction of a fourth weekday Caltrain from Gilroy, and state
funding for a battery-equipped electric train pilot program on non-electrified tracks.
5.COUNCIL CORRESPONDENCEDRAFT Agenda Item 8.1
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There were none.
6.FUTURE COUNCIL INITIATED AGENDA ITEMS
There were none.
7.CONSENT CALENDAR
Council Member Marques requested to pull Agenda Item 7.5 from the Consent Calendar.
Mayor Blankley opened Public Comment for items not pulled out of the agenda. There being
no speakers, Mayor Blankley closed Public Comment.
Motion: Adopt Consent Calendar Items 7.1 through 7.4.
RESULT: Pass
MOVER: Dion Bracco, Mayor Pro Tempore
SECONDER: Carol Marques, Council Member
AYES: Council Member Armendariz, Mayor Pro Tempore Bracco, Council
Member Cline, Council Member Hilton, Council Member Marques, Council
Member Tovar, Mayor Blankley
7.1. Approval of the Action Minutes of the August 7, 2023 City Council Regular
Meeting
A motion was made to approve the action minutes.
7.2. Accept and File Quarterly Cash and Investment Report as of June 30, 2023
A motion was made to accept and file the Quarterly Cash and Investment
Report.
7.3. Approval of the Annual Evaluation Report for the Santa Clara County Multi-
Jurisdictional Program for Public Information Associated with the
Community Rating System of the National Flood Insurance Program
A motion was made to approve the Annual Evaluation Report for the Santa
Clara County Multi-Jurisdictional Program for Public Information Associated with
the Community Rating System of the National Flood Insurance Program.
7.4. Authorization to Approve Application to Receive Grant Funds from the
California Youth Community Access Grant Program
A motion was made to adopt a resolution to approve the application to receive
grant funds from the California Youth Community Access Grant Program.
Enactment No.: Resolution No. 2023-48
7.5. Adoption of an Ordinance Adding Chapter 16B, Sidewalk Vending, to the
Gilroy City Code
Council discussion ensued about the proposed item. Special Assistant to City
Administration Biggs responded to Council Member questions.
Mayor Blankley opened Public Comment. DRAFTAgenda Item 8.1
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Rocio Rojas expressed concerns about the city's response to complaints
regarding street vendors, emphasizing the need for proper investigation
before action and questioning the protocol once vendor licenses are
approved.
There being no further speakers, Mayor Blankley closed Public Comment.
Motion: Adopt the Ordinance Adding Chapter 16B, Sidewalk Vending, to
the Gilroy City Code.
RESULT: Pass
MOVER: Tom Cline, Council Member
SECONDER: Marie Blankley, Mayor
AYES: Council Member Armendariz, Mayor Pro Tempore Bracco,
Council Member Cline, Council Member Hilton, Council
Member Marques, Council Member Tovar, Mayor Blankley
Enactment No.: Ordinance No. 2023-08
8.BIDS AND PROPOSALS
8.1. Award of Contract to Perkins & Will for the Preparation of 'Basis of Design'
Documents for the Gilroy Ice Center and Approve a Contract Expenditure
of $275,000
Interim Public Works Director Bjarke provided staff presentation and responded
to Council Member questions.
Mayor Blankley opened Public Comment. There being no speakers, Mayor
Blankley closed Public Comment.
Motion: Award a contract to Perkins & Will in the amount of $250,000 and
approve an additional project contingency of $25,000 (10%) for a total
amount of $275,000 for the preparation of ‘Basis of Design’ documents
related to the Gilroy Ice Center project and authorize the City
Administrator to execute the contract and associated documents.
RESULT: Pass
MOVER: Rebeca Armendariz, Council Member
SECONDER: Dion Bracco, Mayor Pro Tempore
AYES: Council Member Armendariz, Mayor Pro Tempore Bracco,
Council Member Cline, Council Member Hilton, Council
Member Marques, Council Member Tovar, Mayor Blankley
9.PUBLIC HEARINGS
There were none.
10.UNFINISHED BUSINESS
10.1. Selection and Appointment of Youth Commission Members
Mayor Blankley opened Public Comment. There being no speakers, Mayor
Blankley closed Public Comment. DRAFTAgenda Item 8.1
Agenda Packet Page 25 of 188
August 21, 2023 | 6:00 PM Page 5 of 7 City Council
Regular Meeting Minutes
Council appointed the following individuals to the Youth Commission:
•Lavander Hwang to a seat starting on October 1, 2023, and expiring
September 30, 2025;
•Aiden Francis to a seat starting on October 1, 2023, and expiring
September 30, 2025;
•Crystal Garcia Pablo to a seat starting on August 21, 2023 and expiring
September 30, 2025;
•Maya Beyret to a seat starting on August 21, 2023, and expiring
September 30, 2025;
•Saed Mustafa to a seat starting on August 21, 2023, and expiring
September 30, 2025; and
•Thamay Sarath to a seat starting on August 21, 2023, and expiring
September 30, 2024
10.2. 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 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.
Motion: Read the ordinance by title only and waive further reading of the
ordinance.
RESULT: Pass
MOVER: Dion Bracco, Mayor Pro Tempore
SECONDER: Fred Tovar, Council Member
AYES: Council Member Armendariz, Mayor Pro Tempore Bracco,
Council Member Cline, Council Member Hilton, Council
Member Marques, Council Member Tovar, Mayor Blankley
City Clerk Pham read aloud the title of the ordinance.
Motion: 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.
RESULT: Pass
MOVER: Tom Cline, 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
11.INTRODUCTION OF NEW BUSINESS
11.1. Presentation of the Comprehensive Water and Wastewater Utilities Rate
Study; Adoption of a Resolution Commencing the Proposition 218 Noticing
Process, and Setting October 16, 2023, as the Date for the Public Hearing DRAFTAgenda Item 8.1
Agenda Packet Page 26 of 188
August 21, 2023 | 6:00 PM Page 6 of 7 City Council
Regular Meeting Minutes
to Adopt Water and Wastewater Rates
Finance Director Sangha provided staff presentation and responded to Council
Member questions.
Public Comment was opened by Mayor Blankley and closed due to no speakers.
Motion: Receive the report and adopt the resolution declaring intent to
adjust water and wastewater rates, commencing the Proposition 218
noticing process, and setting October 16, 2023, as the date for the Public
Hearing to adopt the new proposed water and wastewater rates.
RESULT: Pass
MOVER: Dion Bracco, Mayor Pro Tempore
SECONDER: Marie Blankley, Mayor
AYES: Council Member Armendariz, Mayor Pro Tempore Bracco,
Council Member Cline, Council Member Hilton, Council
Member Marques, Council Member Tovar, Mayor Blankley
Enactment No.: Resolution No. 2023-49
11.2. Extension of Temporary Outdoor Dining Program
Community Development Director Goei provided staff presentation and
responded to Council Member questions.
Mayor Blankley opened Public Comment.
Sammy Trujillo spoke in support of the resolution.
Jose Montes spoke in support of the resolution.
There being no further speakers, Mayor Blankley closed Public Comment.
Motion: Adopt the Resolution.
RESULT: Pass
MOVER: Fred Tovar, Council Member
SECONDER: Zach Hilton, Council Member
AYES: Council Member Armendariz, Mayor Pro Tempore Bracco,
Council Member Hilton, Council Member Marques, Council
Member Tovar, Mayor Blankley
NAYS: Council Member Cline
Enactment No.: Resolution No.: 2023-50
11.3. Adopt a Resolution of Intention to Reimburse Expenditures for Costs
Incurred in Connection with the Gilroy Ice Center Project
Finance Director Sangha provided staff presentation and responded to Council
Member questions.
Public Comment was opened by Mayor Blankley and closed due to no speakers.
Motion: Adopt a Resolution of Intention to Reimburse Expenditures for
Costs Incurred in Connection with the Gilroy Ice Center Project (the DRAFTAgenda Item 8.1
Agenda Packet Page 27 of 188
August 21, 2023 | 6:00 PM Page 7 of 7 City Council
Regular Meeting Minutes
“Project”).
RESULT: Pass
MOVER: Tom Cline, Council Member
SECONDER: Carol Marques, Council Member
AYES: Council Member Armendariz, Mayor Pro Tempore Bracco,
Council Member Cline, Council Member Hilton, Council
Member Marques, Council Member Tovar, Mayor Blankley
Enactment No.: Resolution No. 2023-51
12.CITY ADMINISTRATOR'S REPORTS
12.1. Gilroy 2023-2031 Housing Element Update
The item was reported earlier.
12.2. Santa Teresa Interim Fire Station Update
Fire Chief Wyatt provided a report on this item and responded to Council
Member questions.
13.CITY ATTORNEY'S REPORTS
City Attorney Faber provided a brief report and responded to Council Member questions.
14.ADJOURNMENT
Mayor Blankley adjourned the meeting at 8:29 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, MMC, CPMC
City Clerk DRAFTAgenda Item 8.1
Agenda Packet Page 28 of 188
8.2. A Resolution of the City Council of the City of Gilroy to Release
Unclaimed Checks to the City's General Fund in accordance with
California Government Code Section 50053
Agenda Item 8.2
Agenda Packet Page 29 of 188
Page 1 of 2
City of Gilroy
STAFF REPORT
Agenda Item Title:A Resolution of the City Council of the City of Gilroy
to Release Unclaimed Checks to the City's General
Fund in accordance with California Government Code
Section 50053
Meeting Date:September 11, 2023
From:Jimmy Forbis, City Administrator
Department:Finance
Submitted By:Harjot Sangha, Finance Director
Prepared By:Rosemary Guerrero, Finance Manager
STRATEGIC PLAN GOALS Develop a Financially Resilient Organization
RECOMMENDATION
Adopt a resolution of the City Council of the City of Gilroy to release unclaimed checks
to the City's General Fund in accordance with California Government Code Section
50053.
ANALYSIS
The City of Gilroy has several checks that have been outstanding and unclaimed for
more than three years. Finance staff has attempted to contact Payees and mailed out
letters with forms to claim the funds. According to guidelines set forth by the California
Government Code Section 50053, any individual check for more than fifteen ($15)
dollars, which remains unclaimed for more than three years, may be transferred to the
General Fund by the City Council after public notification in a local newspaper.
Attached is the notice that was advertised on July 14, 2023, and July 21, 2023, in the
Gilroy Dispatch newspaper. The advertised total amount of checks is $3,479.40. Of this
total, $2,706.18 remains unclaimed.
In compliance with the state guidelines, staff recommends the adoption of the attached
Agenda Item 8.2
Agenda Packet Page 30 of 188
Adoption of a Resolution of the City Council of the City of Gilroy to Release Unclaimed Checks
to the City's General Fund in accordance with California Government Code Section 50053 and
Section 50055
City of Gilroy City Council Page 2 of 2 September 11, 2023
resolution to claim the unclaimed checks and transfer the total amount of $2,706.18 to
the City’s General Fund.
FISCAL IMPACT/FUNDING SOURCE
The release of these unclaimed funds will increase General Fund revenue by
$2,706.18.
PUBLIC OUTREACH
Notification to the public was made via Gilroy Dispatch advertisement on July 14th and
July 21st.
Attachments:
1. Draft Resolution
2. Public Notice/Proof of Publication
Agenda Item 8.2
Agenda Packet Page 31 of 188
1
0
3
0
RESOLUTION 2023-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY TO RELEASE UNCLAIMED CHECKS TO THE
CITY OF GILROY PURSUANT TO CALIFORNIA
GOVERNMENT CODE SECTION 50053
WHEREAS, on the attached list, Exhibit A, checks over fifteen ($15) dollars have
been outstanding and unclaimed for more than three years.
WHEREAS, California Government Code 50053 authorizes the legislative body of
a local agency to transfer the unclaimed funds to its General Fund.
WHEREAS, a Public Notice of unclaimed funds was advertised in a newspaper of
local circulation.
NOW, THEREFORE, BE IT RESOLVED that the unclaimed checks, over fifteen
($15) dollars on the attached list in Exhibit A in the total amount of $2,706.18, shall be
transferred to the City of Gilroy’s General Fund, in accordance with Section 50053 of the
California Government code.
PASSED AND ADOPTED by the City Council of the City of Gilroy at a regular
meeting duly held on the 11th day of September 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
Agenda Item 8.2
Agenda Packet Page 32 of 188
1
0
3
0
EXHIBIT A
PAYEE AMOUNT
ADRIANA ORTIZ $15.33
KYLE JORDAN $66.00
ALEXANDRA CUZNER $912.60
CALIFORNIA NARCOTIC
OFFIC $120.00
ZEPEDA, IRVING G.$26.73
ALEXANDRA CUZNER $608.40
DIANA SESMA $89.82
EDGAR CUEVAS $83.60
KIMBERLY ROYSTON $205.00
KRYSTLE BRAVO $44.40
MARIA GARIBALDI $38.50
ROMAN RAMIREZ $24.78
SCOTT JOST $116.88
STEPHANNY GOMEZ $52.20
VANESSA GARCIA $43.50
KENARD HARPER $16.87
LISA PEREZ $17.50
MANN HARDWICKE $16.87
MARIA APARICIO $55.20
LETICIA RODRIGUEZ $92.00
BROOKDALE SENIOR
LIVING S $35.00
INSTITUTE ON AGING $25.00
TOTAL $2,706.18
Agenda Item 8.2
Agenda Packet Page 33 of 188
Agenda Item 8.2
Agenda Packet Page 34 of 188
8.3. A Resolution of the City Council of the City of Gilroy Updating the
Appropriation Limit for Fiscal Year 2023-24
Agenda Item 8.3
Agenda Packet Page 35 of 188
Page 1 of 2
City of Gilroy
STAFF REPORT
Agenda Item Title:A Resolution of the City Council of the City of Gilroy
Updating the Appropriation Limit for Fiscal Year 2023-
24 (FY24)
Meeting Date:September 11, 2023
From:Jimmy Forbis, City Administrator
Department:Finance
Submitted By:Harjot Sangha, Finance Director
Prepared By:Rosemary Guerrero, Finance Manager
STRATEGIC PLAN GOALS Develop a Financially Resilient Organization
RECOMMENDATION
Adopt a resolution of the City Council of the City of Gilroy setting the revised
appropriation limit for Fiscal Year 2024.
ANALYSIS
Each fiscal year, the City must adopt an appropriation limit on the City’s expenditures
made from tax sources in conformance with Proposition 4, otherwise known as the
GANN Initiative or Limit. The appropriation limit typically exceeds the amount of actual
City expenditure and serves to set the maximum upper limit of expenditure even though
the City’s expenditures are not as high as the limit itself.
Proposition 4 and the subsequent Proposition 111 set forth the procedure for calculating
the limit, which is based upon the approved appropriation limit from the prior year,
adjusted each year for inflation and population growth factors. Only those General
Fund revenues received from proceeds of taxes (such as Sales Tax, Property Tax,
Utility Tax, Transient Occupancy Tax, etc.) are subject to this limit. In addition, proceeds
of taxes may be spent on several types of appropriations that do not count against the
appropriation limit. The law allows a city to spend tax proceeds on voter-approved debt,
costs of complying with court orders and federal mandates, with certain restrictions, and
Agenda Item 8.3
Agenda Packet Page 36 of 188
A Resolution of the City Council of the City of Gilroy Revising the Setting of the Appropriation
Limit for Fiscal Year 2023-24
City of Gilroy City Council Page 2 of 2 September 11, 2023
expenditures for qualified capital outlay. Appropriations for these excludable categories
do not count against the limit.
The FY24 appropriation limit was adopted as part of the biennial budget adoption on
June 5, 2023. A subsequent review of the calculation determined a revision is
warranted, particularly the population growth factor utilized, which required a correction.
Based on the updated factor and calculation, the appropriation limit for FY24 is
$234,422,112. This is an increase of $2.3 million from the original calculation of
$232,162,228. The appropriation limit typically far exceeds the amount of actual City
expenditures that are appropriated in the annual budget. Attached to this staff report is a
revised resolution for adopting the updated FY24 appropriation limit. Based upon the
formula set forth in Proposition 111, the revised calculation demonstrates that the City is
substantially below ($182.0 million) the maximum allowable appropriation limit and
should remain so in the foreseeable future.
ALTERNATIVES
No other viable alternative is available. The State Constitution requires the
establishment of the appropriation limit, and methodology established by Proposition 4
and the subsequent Proposition 111.
FISCAL IMPACT/FUNDING SOURCE
None. Preparation of the annual appropriation limit calculations and related adoption of
the resolution is an annual activity of the Finance Department and is included in its
workplan.
Attachments:
1. Revised Draft Resolution
2. Exhibit A to the Resolution
Agenda Item 8.3
Agenda Packet Page 37 of 188
1
0
3
8
RESOLUTION 2023-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY ADOPTING THE CITY OF GILROY
APPROPRIATION LIMIT FOR FISCAL YEAR 2023-24
WHEREAS, the voters of the State of California elected to add Article XIII. B. of
the California Constitution known as the Gann Initiative and Proposition 4; and
WHEREAS, the State of California, Department of Finance, and the League of
California Cities have established uniform guidelines and have published appropriate
percentages for California per capita personal income and population changes for the
implementation of the subject limit.
NOW, THEREFORE, BE IT RESOLVED THAT the appropriation limit for the City
of Gilroy for Fiscal Year 2023-24 is $234,422,112, as calculated and included in Exhibit
A.
PASSED AND ADOPTED by the City Council of the City of Gilroy at a regular
meeting duly held on the 11th day of September 2023 by the following roll call vote:
AYES:COUNCIL MEMBERS:
NOES:COUNCIL MEMBERS:
ABSTAIN:COUNCIL MEMBERS:
ABSENT:COUNCIL MEMBERS:
APPROVED:
Marie Blankley, Mayor
ATTEST:
_______________________
Thai Nam Pham, City Clerk
Agenda Item 8.3
Agenda Packet Page 38 of 188
Fiscal Year 2022-23 Adopted Limit 223,073,200$
Population Factor (City Growth)1.0062
Inflation Factor (California per capita income)1.0444
Fiscal Year 2023-24 Limit 234,422,112$
DETERMINATION OF THE APPROPRIATIONS LIMIT
CITY OF GILROY
FY 2023-24
Agenda Item 8.3
Agenda Packet Page 39 of 188
AMOUNT
A. Proceeds of Taxes 52,421,988$
B. Exclusions
C. Appropriations Subject to Limitation 52,421,988$
D. Current Year Limit 234,422,112$
E. Over (Under) Limit (182,000,123)$
APPROPRIATIONS SUBJECT TO LIMITATION
CITY OF GILROY
FY 2023-24
BUDGET
Agenda Item 8.3
Agenda Packet Page 40 of 188
Proceeds Non-Proceeds
REVENUE of Taxes of Taxes Total
TAXES
Property taxes 19,918,573$ -$ 19,918,573$
Sales & Use Tax 21,818,000 - 21,818,000
Business Licence Tax 724,000 - 724,000
Utility Users Tax 6,538,139 - 6,538,139
Transient Occupancy Tax 1,957,000 - 1,957,000
Other Taxes 442,000 - 442,000
FROM STATE
Motor Vehicle in Lieu 62,800 - 62,800
Homeowners Relief 29,000 - 29,000
State Grants - 147,858 147,858
Federal 197,017 197,017
LOCALLY RAISED
Franchise Fees - 2,271,965 2,271,965
Fines, Forfeitures, Penalties - 223,547 223,547
USER FEES
(from Worksheet #1)553,353 4,464,209 5,017,562
OTHER MISCELLANEOUS
Transfers - 4,418,027 4,418,027
Miscellaneous - 1,942,245 1,942,245
SUB-TOTAL 52,042,865 13,664,868 65,707,733
(for Worksheet #2)
INTEREST EARNINGS 379,123 99,544 478,667
(From Worksheet #2)
TOTAL REVENUE 52,421,988$ 13,764,412$ 66,186,400$
GENERAL FUND
CALCULATION OF PROCEEDS OF TAXES
CITY OF GILROY
FY 2023-24
BUDGET
Agenda Item 8.3
Agenda Packet Page 41 of 188
A. NON-INTEREST TAX PROCEEDS 52,042,865$
B, MINUS EXCLUSIONS -$
C. NET INVESTED TAXES 52,042,865$
D. TOTAL NON-INTEREST 65,707,733$
Revenue plus Reserve
Withdraws
E. TAX PROCEEDS AS
PERCENT OF BUDGET 0.79204
F. INTEREST EARNINGS 478,667$
G. AMOUNT OF INTEREST
EARNED FROM TAXES 379,123$
H. AMOUNT OF INTEREST 99,544$
EARNED FROM NON-TAXES
INTEREST EARNINGS PRODUCED BY TAXES
CITY OF GILROY
FY 2023-24
BUDGET WORKSHEET #2
Agenda Item 8.3
Agenda Packet Page 42 of 188
USER FEES
Over(Under)
Division DEPARTMENT NAME USER FEES COSTS COSTS
2601/5530 Engineering 1,438,362$ 1,177,366$ 260,996$
2602/4020 Planning 660,000 1,861,235 (1,201,235)
2603/4030 B.L.E.S. 2,365,000 1,932,174 432,826
2605/4040 Fire Prevention - Haz Mat 554,200 433,673 120,527
Totals 5,017,562$ 5,404,448$ (386,886)$
USER FEES VERSUS COSTS
CITY OF GILROY
FY 23/24
WORKSHEET #1
Agenda Item 8.3
Agenda Packet Page 43 of 188
8.4. 2024 City Council Meeting Schedule
Agenda Item 8.4
Agenda Packet Page 44 of 188
Page 1 of 2
City of Gilroy
STAFF REPORT
Agenda Item Title:Approving the 2024 City Council Meeting Schedule
Meeting Date:September 11, 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
Approve the 2024 City Council Meeting Schedule.
BACKGROUND
The City of Gilroy typically establishes an annual City Council Meeting Schedule to
ensure transparent and effective governance. The schedule maintains the City's
established practice of conducting regular Council meetings on predefined dates. The
proposed 2024 City Council Meeting Schedule continues the established scheduling
pattern approved by the Council in prior years. In addition, the City’s observed holidays
are included for reference.
ANALYSIS
The attached proposed 2024 City Council Meeting Schedule encompasses the period
from January 2024 to December 2024. This year's schedule also reflects the recent
ordinance adoption, which modifies the regular meeting dates for July and December.
This modification ensures that Council meetings are scheduled for the last Monday of
July and the second Monday of December. This adjustment fulfills the City Charter's
mandate of holding a minimum of one regular meeting per month while concurrently
providing an extended summer break and compliance with the requirement for installing
newly elected council members during a regular meeting in December.
Agenda Item 8.4
Agenda Packet Page 45 of 188
Approving the 2024 City Council Meeting Schedule
City of Gilroy City Council Page 2 of 2 September 11, 20231
1
6
5
The Council Meeting schedule is included in various City publications as well as posted
on the City of Gilroy website. Therefore, advance approval is requested given upcoming
publication deadlines such as the Recreation Activity Guide. Staff is requesting review
and approval of the 2024 City Council Meeting Schedule, as attached.
ALTERNATIVES
There are no alternatives under consideration at this time.
FISCAL IMPACT/FUNDING SOURCE
Approving the 2024 City Council Meeting Schedule does not entail any direct financial
implications for the City of Gilroy.
PUBLIC OUTREACH
The proposed 2024 City Council Meeting Schedule will be included in various City
publications and posted on the City's official website, ensuring accessibility to the
general public.
NEXT STEPS
Upon approval by the Council, the 2024 City Council Meeting Schedule will be finalized
and published in accordance with the established timeline. This schedule will be a
reference for Council members, staff, and the public.
Attachments:
1. Proposed 2024 City Council Meeting Schedule
Agenda Item 8.4
Agenda Packet Page 46 of 188
CITY OF GILROY
2024 City Council Meeting Schedule
1st and 3rd Mondays every Month*
Gilroy City Council Chambers | 7351 Rosanna Street, Gilroy, CA
6:00 p.m.
1
0
0
0
January Monday, January 8, 2024* | Moved from January 1, 2024
Monday, January 22, 2024* | Moved from January 15, 2024
February Monday, February 5, 2024
Monday, February 26, 2024* | Moved from February 19, 2024
March Monday, March 4, 2024
Monday, March 18, 2024
April Monday, April 8, 2024* | Moved from April 1, 2024
Monday, April 15, 2024
May Monday, May 6, 2024
Monday, May 20, 2024
June Monday, June 3, 2024
Monday, June 17, 2024
July Monday, July 29, 20241
August Monday, August 5, 2024
Monday, August 19, 2024
September Monday, September 9, 2024* | Moved from September 2, 2024
Monday, September 16, 2024
October Monday, October 7, 2024
Monday, October 21, 2024
November Monday, November 4, 2024
Monday, November 18, 2024
December Monday, December 9, 20242
* If a regular meeting falls on a holiday, it is rescheduled to the following Monday, with the exception of the single regular
meeting in July, which will fall on the first day of the month, not a holiday, or a Friday, Saturday or Sunday
1 Subject to the regular meeting amendment ordinance going into effect on October 11, 2023
2 Subject to the regular meeting amendment ordinance going into effect on October 11, 2023
Agenda Item 8.4
Agenda Packet Page 47 of 188
CITY OF GILROY
2024 City Council Meeting Schedule
1st and 3rd Mondays every Month*
Gilroy City Council Chambers | 7351 Rosanna Street, Gilroy, CA
6:00 p.m.
1
0
0
0
2024
= Observed Holiday = Regular Meeting = Special Meeting
JANUARY FEBRUARY MARCH
S M T W T F S S M T W T F S S M T W T F S
1 2 3 4 5 6 1 2 3 1 2
7 8 9 10 11 12 13 4 5 6 7 8 9 10 3 4 5 6 7 8 9
14 15 16 17 18 19 20 11 12 13 14 15 16 17 10 11 12 13 14 15 16
21 22 23 24 25 26 27 18 19 20 21 22 23 24 17 18 19 20 21 22 23
28 29 30 31 25 26 27 28 29 24 25 26 27 28 29 30
31
APRIL MAY JUNE
S M T W T F S S M T W T F S S M T W T F S
1 2 3 4 5 6 1 2 3 4 1
7 8 9 10 11 12 13 5 6 7 8 9 10 11 2 3 4 5 6 7 8
14 15 16 17 18 19 20 12 13 14 15 16 17 18 9 10 11 12 13 14 15
21 22 23 24 25 26 27 19 20 21 22 23 24 25 16 17 18 19 20 21 22
28 29 30 26 27 28 29 30 31 23 24 25 26 27 28 29
30
JULY AUGUST SEPTEMBER
S M T W T F S S M T W T F S S M T W T F S
1 2 3 4 5 6 1 2 3 1 2 3 4 5 6 7
7 8 9 10 11 12 13 4 5 6 7 8 9 10 8 9 10 11 12 13 14
14 15 16 17 18 19 20 11 12 13 14 15 16 17 15 16 17 18 19 20 21
21 22 23 24 25 26 27 18 19 20 21 22 23 24 22 23 24 25 26 27 28
28 29 30 31 25 26 27 28 29 30 31 29 30
OCTOBER NOVEMBER DECEMBER
S M T W T F S S M T W T F S S M T W T F S
1 2 3 4 5 1 2 1 2 3 4 5 6 7
6 7 8 9 10 11 12 3 4 5 6 7 8 9 8 9 10 11 12 13 14
13 14 15 16 17 18 19 10 11 12 13 14 15 16 15 16 17 18 19 20 21
20 21 22 23 24 25 26 17 18 19 20 21 22 23 22 23 24 25 26 27 28
27 28 29 30 31 24 25 26 27 28 29 30 29 30 31
Agenda Item 8.4
Agenda Packet Page 48 of 188
8.5. Adoption 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
Agenda Item 8.5
Agenda Packet Page 49 of 188
Page 1 of 2
City of Gilroy
STAFF REPORT
Agenda Item Title:Adoption 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:September 11, 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
Adopt the ordinance amending Section 2.13 of the Gilroy City Code to modify the
regular meeting schedule of the City Council.
EXECUTIVE SUMMARY
The proposed ordinance, which amends Section 2.13 of the Gilroy City Code, was
introduced at the August 21, 2023 City Council Regular Meeting. The amendment
focuses on adjusting the regular meeting schedule of the City Council for the months of
July and December. This modification is aimed at providing a more suitable timing for
Council activities while adhering to the City Charter’s requirements.
BACKGROUND
At the August 21, 2023 City Council Regular Meeting, the City Council introduced the
proposed ordinance. This ordinance seeks to modify the regular meeting schedule of
the City Council to accommodate specific considerations in the months of July and
December. This proposed amendment seeks to address the need for a more extended
legislative recess during the summer and ensures compliance with the City Charter's
requirement of holding a minimum of one regular meeting per month. Further context
Agenda Item 8.5
Agenda Packet Page 50 of 188
Adoption 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 2 September 11, 2023
can be found in the attached introduction of the ordinance staff report from August 21,
2023. Upon adoption, the ordinance would go into effect thirty (30) days thereafter.
ANALYSIS
The proposed ordinance amends Section 2.13(a) of the Gilroy City Code to establish
the regular City Council meeting in December on the second Monday of the month and
to move the regular City Council meeting in July to the last Monday of the month. This
amendment creates a balanced approach, offering an extended summer break while
maintaining the necessary functions of the City Council. The adjusted meeting schedule
aligns with the City Charter's provisions and respects the requirements for newly elected
council members' installation during a regular meeting in December.
ALTERNATIVES
The City Council may amend or reject this proposed ordinance. Any changes to the
language will result in the need to restart the adoption process.
FISCAL IMPACT/FUNDING SOURCE
The proposed ordinance does not entail direct financial or operational implications for
the City of Gilroy. It primarily addresses procedural matters to enhance the scheduling
of regular City Council meetings.
PUBLIC OUTREACH
Public outreach efforts were conducted regarding the proposed amendment. The
outreach activities included:
•City's Website: The proposed amendment was posted on the City's official
website, accessible to the general public.
•Notice of Adoption of the Ordinance published in the Gilroy Dispatch on
September 1, 2023.
NEXT STEPS
Once adopted, the ordinance will be incorporated into the Gilroy City Code and will
guide the scheduling of regular City Council meetings, ensuring efficient governance.
Attachments:
1. Proposed Ordinance
2. August 21, 2023 Staff Report
Agenda Item 8.5
Agenda Packet Page 51 of 188
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 establish the regular City Council meeting in December on the second
Monday of the month; and
WHEREAS, it is further deemed necessary and in the City's best interest to move
the regular City Council meeting for July to the last 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.
In July, there shall be at least one regular meeting of the council, held on
the last Monday of the month at 6:00 p.m. If the last Monday of July is a
legal or national holiday, the meeting shall be held on the immediately
preceding weekday that is not a holiday or a Friday.
In December, there shall be at least one regular meeting of the council, held
on the second Monday of the month at 6:00 p.m. If the second Monday of
December is a legal or national holiday, the meeting shall be held on the
next weekday not a holiday.
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
Agenda Item 8.5
Agenda Packet Page 52 of 188
Ordinance No. 2023-XX
Amending City Council Regular Meetings
City Council Regular Meeting | August 21, 2023
Page 2 of 2
9
6
3
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, 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 11th day of September 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
Agenda Item 8.5
Agenda Packet Page 53 of 188
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 21, 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 presents a revised ordinance amendment for the City Council's
consideration. The proposed amendment is based on the Council's direction provided at
the August 7, 2023, City Council meeting. The revision addresses the timing of regular
City Council meetings for the months of July and December. Specifically, the proposed
amendment stipulates that the regular City Council meeting in July is moved to the last
Monday of the month and that the City Council meeting in December be held on the
second Monday of the month.
The rationale behind moving the July meeting is to offer a designated legislative recess
during the summer months, allowing for a more substantial break for all stakeholders.
This break recognizes the historically lower attendance during the summer season,
Agenda Item 8.5
Agenda Packet Page 54 of 188
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 21, 2023
making it an opportune time for Council members and staff to take vacations and for the
community to enjoy a break. The change aligns with practices observed in other cities
and ensures that Council convenes in July when necessary. The proposed changes aim
to accommodate the needs of the City while adhering to the City Charter's
requirements.
BACKGROUND
The City of Gilroy currently holds regular City Council meetings on the first and third
Mondays of each month, as outlined in Section 2.13(a) of the Gilroy City Code. The
Council has recognized the need to modify the meeting schedule, particularly in
December, due to the timing of installing newly elected council members following the
certification of election results by the Santa Clara County Registrar of Voters (ROV).
Initially, Staff recommended that Council introduce the ordinance with the following
changes (the previous staff report is attached as a reference):
•No regular meetings for the month of July; and
•One regular meeting in December scheduled for the second Monday of the
month.
However, the City Charter mandates at least one regular meeting each month, which
necessitated further evaluation of the proposed ordinance's feasibility.
As a result, staff asked Council to refrain from proceeding with the introduction of the
proposed ordinance. Instead, staff sought additional direction from the Council to
address the Charter's requirements while still pursuing the goal of providing a more
extended legislative recess during the summer months. The revised ordinance now
aims to strike a balance between these considerations, aligning with the Council's
direction while respecting the Charter's stipulations.
ANALYSIS
The proposed ordinance amends Section 2.13(a) of the Gilroy City Code to establish
the regular City Council meeting in December on the second Monday of the month and
to move the regular City Council meeting in July to the last Monday of the month. The
amended ordinance reads as follows (additions are bolded and italicized, and
removals are redlined and 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
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
Agenda Item 8.5
Agenda Packet Page 55 of 188
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 21, 2023
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. In
July, there shall be at least one regular meeting of the council, held
on the last Monday of the month at 6:00 p.m. If the last Monday of
July is a legal or national holiday, the meeting shall be held on the
immediately preceding weekday that is not a holiday or a Friday.
In December, there shall be at least one regular meeting of the
council, held on the second Monday of the month at 6:00 p.m. If the
second Monday of December is a legal or national holiday, the
meeting shall be held on the next weekday not a holiday.
This amendment aims to provide a more suitable timeframe for the installation of newly
elected council members in December and accommodates the holiday season while
adhering to the City Charter.
Additionally, the proposed changes resonate with the Council's objective of offering an
extended summer recess, providing council members, staff, and the public an
opportunity to benefit from a more substantial break during the summer months.
ALTERNATIVES
The Council may choose to approve, modify, or reject the proposed ordinance. Any
modifications to the ordinance will require a new introduction and first reading.
FISCAL IMPACT/FUNDING SOURCE
The proposed ordinance does not entail direct financial or operational implications for
the City of Gilroy. It primarily addresses procedural matters to enhance the scheduling
of regular City Council meetings.
PUBLIC OUTREACH
Public outreach efforts were conducted regarding the proposed amendment. The
outreach activities included posting the proposed ordinance on the City's official
website, accessible to the general public.
NEXT STEPS
Should Council introduce the proposed ordinance, Council will need to adopt it at the
next regular meeting. Once adopted, staff will update the Gilroy City Code and prepare
the 2024 meeting schedule.
Agenda Item 8.5
Agenda Packet Page 56 of 188
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 21, 2023
Attachments:
1. Proposed Ordinance
2. August 7, 2023 Staff Report
Agenda Item 8.5
Agenda Packet Page 57 of 188
8.6. Approval of City Council Members' Travel for the League of California
Cities Conference
Agenda Item 8.6
Agenda Packet Page 58 of 188
Page 1 of 2
City of Gilroy
STAFF REPORT
Agenda Item Title:Approval of City Council Members' Travel for the
League of California Cities Conference
Meeting Date:September 11, 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
Council approve the travel expenses of Council Members attending the League of
California Cities (”League“) Annual Conference, as per the City's Travel Policy.
BACKGROUND
The League of California Cities Annual Conference is scheduled from September 20 to
September 22, 2023. The annual conference provides a platform for city officials to
collaborate on pressing issues, learn, and strategize. Several City Council Members are
planning to attend, namely Mayor Blankley and Council Members Armendariz, Marques,
and Tovar. According to the City’s Travel and Meeting Expense Policy, any travel by
Council Members requires prior approval by the City Council itself.
Agenda Item 8.6
Agenda Packet Page 59 of 188
Approval of City Council Members' Travel for the League of California Cities Conference
City of Gilroy City Council Page 2 of 2 September 11, 2023
ANALYSIS
Ensuring the travel is approved beforehand not only aligns with our Travel Policy but
also provides transparency and due diligence in managing City expenses. The City of
Gilroy is a member of the League, and this event is not only an educational conference
it is also the annual membership meeting. The Conference presents an opportunity for
the members to gather knowledge, collaborate with other cities, and bring back insights
beneficial to Gilroy. The City has historically sent the City’s League represenative and
alternate representative to the conference.
FISCAL IMPACT/FUNDING SOURCE
The estimated fiscal impact for the travels, including per diem, lodging, and other
associated costs, is anticipated to be $4,300.00.
PUBLIC OUTREACH
This agenda item was announced in the Preliminary Agenda, and the staff report was
made available to the public by September 7, 2023, ensuring transparency and allowing
ample time for the community to review and provide input if they wish.
Attachments:
1. League of California Cities Annual Conference and Expo Schedule
2. City of Gilroy Travel and Meeting Expense Policy
Agenda Item 8.6
Agenda Packet Page 60 of 188
Schedule subject to change.
Speaker names will be added as they are confirmed.
MCLE sessions are noted on pages 14-15.
Wednesday, Sept. 20
8:30 a.m.-1:00 p.m. City Clerks Workshop (additional registration required)
2024 Elections: Trends, Legislation, and Practical Advice
The 2024 elections are right around the corner. This session will focus on trends for
the upcoming local and statewide elections, related legislation and case law,
and practical tips for preparing for the worst while hoping for the best in our
elections.
Speakers: Randi Johl, Legislative Director / City Clerk, Temecula
Paul Mitchell, Owner, Redistricting Partners
Holly Whatley, Shareholder, Colantuono, Highsmith & Whatley, PC
10:00-Noon
Understanding Public Service Ethics Laws and Principles (AB 1234)
State law requires elected and appointed officials to receive two hours of
training in specified ethics laws and principles every two years. Newly elected
and appointed officials must receive this training within one ye ar of becoming a
public servant. Join a panel of experts as they help navigate the ethics laws and
principles. Sign-in will begin 30 minutes prior to the session and you must be
present for the full two hours to receive the certification of attendance. Ent ry will
be prohibited once the session begins.
The Institute for Local Government is a State Bar of California minimum
continuing legal education (MCLE) approved provider and certifies this activity
meets the standards for MCLE credit by the State Bar of California in the total
amount of 2 hours (general credits). Provider #13881
Speaker: Kimberly Horiuchi, Associate, Liebert Cassidy Whitmore
3:45-5:00 p.m. Concurrent Sessions
Building a Culture of Accountability in Your Police Department
It is more important than ever before to reinforce trust between law enforcement
agencies and citizens. Law enforcement must build, bolster, and demonstrate
transparency and accountability within their departments. Hear from law
enforcement leaders from throughout California about their strategies for
Agenda Item 8.6
Agenda Packet Page 61 of 188
building a culture of accountability through community conversations,
transparent policies, technology deployment, and public auditing.
Moderator: Holly Beilin, Director, Communications, Flock Safety
Speakers: Angela S. Averiett, Chief of Police, City of Los Altos
Danny Renfrow, Chief of Police, Truckee Police Department
Building Mobile Crisis Response Teams
BeWell OC and the West Hollywood Care Team have a successful track record
of providing compassionate care to vulnerable community members, including
the LGBTQ+ community. In this session, gain valuable insight into how you can
bring similar programs to your own city. This includes understanding how to
provide compassionate care, build effective mobile crisis response teams,
secure funding for innovative programs, and replicate successful models in your
own communities. Planned with the Cal Cities LGBTQ Caucus.
Moderator: Tyller Windell Williamson, Mayor, City of Monterey
Speakers: Karen W. Linkins, Principal, Desert Vista Consulting
Corri Planck, Human Services Manager, City of West Hollywood
Sepi Shyne, Mayor, City of West Hollywood
California Cannabis: Seven Years After Legalization
It’s been almost seven years since voters approved Prop. 64 to regulate and
authorize cannabis for adult use. Now the question is: How are we doing? Join
top regulatory, industry, and local representatives for a cof fee table-style
conversation on the state of the industry, emerging issues, and how to effectively
regulate cannabis in your community.
Moderator: Barigye McCoy, Chief of Communications, Culture Cannabis Club
Speakers: Angela Hill, Deputy Director of Governmental Affairs, Department of
Cannabis Control
Scott Matas, Mayor, City of Desert Hot Springs
Amy O'Gorman Jenkins, President, Precision Advocacy
Fees! You Got ‘Em. How Do They Work Today?
Every city has fees, and the state has plenty of laws governing them. Receive an
update on the full range of municipal fees, including general, regulatory,
development impact, and property-related fees, as well as recent legal
developments. Panelists will discuss the impact of a case allowing property -
related fees for parts of the mandate viewed as “trash fees” on stormwater fees,
changes to franchise fees under the Zolly Case, and how the proposed
California Business Roundtable measure would severely restrict municipal fees
and other revenue tools.
Moderator: Timothy William Seufert, Managing Director, NBS
Speakers: Michael G. Colantuono, Managing Shareholder, Colantuono,
Highsmith & Whatley, PC
Christina Judith Turner, City Manager, Morgan Hill
Agenda Item 8.6
Agenda Packet Page 62 of 188
Homelessness to Housed: How Cities Create and Leverage Strong Partnerships
City leaders in every part of California struggle with homelessness. A 2023 Public
Policy Institute of California Statewide survey found that seven out of every 10
Californians view homelessness as a big problem in their area. While federal and
state resources are essential, it is local leadership and political will where strong
collaborative partnerships are formed and sustainable solutions are created. This
panel brings together federal, county, city, and nonprofit leaders for a discussion
on best practices in effective street outreach engagement, public/private
shelter and housing partnerships, and how to leverage funding to its maximum
impact.
Moderator: Helene Schneider, Senior Regional Advisor, U.S. Interagency Council
on Homelessness
Speakers: Elizabeth Funk, CEO and Cofounder, DignityMoves
Mike LeBarre, Mayor, King City
Terri Maus-Nisich, Assistant County Executive Officer – Retired, County of Santa
Barbara
Minority Leaders Reshaping Local Government
California has become increasingly diverse and so too are the faces of local
government. This panel will discuss all the challenges that minority leaders face in
local government and ways to manage these challenges, inclu ding how to
create real diversity, equity, inclusion, and belonging. The panel will explore how
each of these leaders has faced their own challenges in the communities
they've served and the ways they've turned these challenges into opportunities
for learning, growth, and management.
Moderator: Domenica Megerdichian, Deputy City Manager, South Pasadena
Speakers: Arminé Chaparyan, City Manager, South Pasadena
Ingrid Hardy, Assistant City Manager, Thousand Oaks
Carmen Nichols, Assistant City Manager, Camarillo
Thursday, Sept. 21
8:30-9:45 a.m. Concurrent Sessions
A Tale of Two Cities: The Mental Health Crisis
The nation’s mental health crisis, exacerbated by pandemic isolation, has
prompted a new wave of advocacy for de -stigmatization, equitable access,
and open dialogue. It is critical that we find new ways of delivering care. Mental
health is often linked to homelessness and crime, with hospitals and jails serving
as default, cyclical destinations. Data shows that this is a tale of two cities, with
the most vulnerable populations facing the most difficulties. In this fireside chat,
speakers will explore the mental health data from more than 300 California
communities and propose new frameworks for addressing the needs of the
community.
Agenda Item 8.6
Agenda Packet Page 63 of 188
Speakers: Chad Castruita, CEO, Care Solace
Gilbert Livas, Retired City Manager, Downey
Addressing the Fentanyl Crisis
Fentanyl and other synthetic opioid overdoses are spiking in every community.
With no end to the crisis in sight, local officials are responding with strategies to
support communities and public safety. This session will explore how two
communities are responding to the spike in fentanyl overdoses through
educational campaigns, prevention, and early intervention. Panelists will also
discuss possible law enforcement responses and what can be done increased
access to overdose treatment.
Speaker: Sandi Snelgrove, Chief, Community Support Branch, DHCS
Building in Economically Challenging Times
Against the backdrop of less state funding, more state regulations, and a slowing
economy, many cities are struggling to meet their housing goals, secure state
financing for their civic projects, and attract private developers to stimulate
economic growth. A growing number of cities have endorsed public-private
partnerships for libraries, city halls, convention centers, emergency services,
housing, and other buildings. What can we learn from these developments?
Planned with the Cal Cities Latino Caucus.
Moderator: Grace Ruiz Stepter, Director, City of Anaheim Housing and
Community Development
Speakers: Korin Crawford, Executive Vice President, Griffin Swinerton
Yvonne Martinez Beltran, Council Member, City of Morgan Hill
Joy Silver, Chief Strategy Officer, Community Housing Opportunities Corporation
Ernesto M. Vasquez, Founder and CEO, SVA Architects, Inc.
Case Study: Response to Homelessness in the City of Rialto
Recognizing deep-rooted issues beyond the normal parameters of policing, the
Rialto Police Department teamed up with Social Work Action Group to enhance
the city’s response to homelessness. The nonprofit, which focuses on helping
individuals and families achieve sustainable independence through community
support, provided the city with outreach expertise and new resources. The
drastic improvements in quality of life issues and homeless-related activities are
now highlighted in academia as a model for public administration.
Moderator: Rafael Trujillo, Council Member, City of Rialto
Speakers: Mark Kling, Chief of Police, Rialto Police Department
Aaron Anthony Petroff, Vice President, Social Work Action Group
Navigating the New State Housing Laws
California has passed more than 100 new state housing laws affecting cities since
2016. Many cities around the state have limited planning and housing capacity
Agenda Item 8.6
Agenda Packet Page 64 of 188
and are overwhelmed by the task of understanding and implementing these
laws. In this panel from the Terner Center for Housing Innovation at the University
of California, Berkeley, learn how to understand these new state housing laws,
the “tricks of the trade” developers are learning about using in cities, and how
cities can effectively implement the se laws with limited capacity.
Moderator: David Garcia, Policy Director, UC Berkeley Terner Center for Housing
Innovation
Speakers: Barbara Ehrlich Kautz, Partner, Goldfarb Lipman LLP
Megan Kirkeby, Deputy Director, Housing Policy Development, California
Department of Housing and Community Development (HCD)
David T. Loya, Community Development Director, City of Arcata
The Mayor Said What?! Staying Ahead of the News
News and information are often sourced from not only local media outlets but
also social media. To ensure that your agency’s message is relevant, and its
reputation is sterling, you must tune into the world of media relations and social
listening. Navigating of-the-moment buzz includes monitoring news and social
sources, cultivating relationships with reporters and influencers, and analyzing
data from diverse channels. Learn how public agencies can pair proactive
listening with data analysis to get a leg up on their local scuttlebutt.
Moderator: Katherine Juhl Griffiths, Principal, Tripepi Smith
Speakers: Sharon Gonsalves, Director of Government Affairs, Renne Public Law
Group, LLP DBA Renne Public Policy Group
Peter Pirnejad, City Manager, Los Altos Hills
11:45 a.m.-12:05 p.m. Speed Session
Centralized Customer Relations
Beverly Hills has created a centralized customer relations program to provide
concierge-level access to information and non-emergency assistance to
residents, businesses, and visitors. Get a speedy look at how Beverly Hills
developed a high-performing centralized customer service program, some of
the lessons learned, and the benefits to date.
Speaker: Michael V. Hensley, Deputy Director of Public Works, City of Beverly Hills
12:15-12:35 p.m. Speed Session
Introduction to the California Fire and Rescue Mutual Aid System
The California Fire and Rescue Mutual Aid System provides firefighters and fire
engines to local communities during all-hazard disasters. The concept of mutual
aid is based on neighbor helping neighbor. This session will give leade rs an
understanding of how their community benefits from the system and how their
fire department participates.
Speaker: Brian S. Marshall, Fire and Rescue Chief, California Governor’s Office of
Emergency Services
Agenda Item 8.6
Agenda Packet Page 65 of 188
1:00-2:15 p.m. Concurrent Sessions
“What the Bleep!” Limits of Public Comment
What are the limitations of public comment? What is protected speech and
when can public comment be limited? In this panel discussion, hear stories and
examples of how and when public comments can be terminated. The panel will
also review the newly enacted SB 1100 (Cortese, 2022), which allows a presiding
officer to remove a person from a public meeting.
Speakers: Henry Castillo, Associate, Best, Best and Krieger
Lauren Langer, City Attorney- West Hollywood, Best Best & Krieger
Christopher Lopez, City Manager, Livingston
Adapting Main Street for a Changing Retail Landscape
The state of retail has changed. New research from the National League of Cities
shows that retail is rebounding, but downtowns are still affected by the growth in
flexible, work-from-home schedules. The session will begin with a brief
presentation about important retail trends for cities, followed by a moderated
conversation with three city leaders about lessons learned and creative
strategies that promote downtown and main street vitality in a post -pandemic
world.
Moderator: Lena Geraghty, Director, Sustainability and Innovation, National
League of Cities
Speakers: Brooke Fox, Marketing and Communications Consultant, California
Main Street
David M. Sander, Vice Mayor, City of Rancho Cordova
Sepi Shyne, Mayor, City of West Hollywood
Assets and Opportunities: Surplus Land Act 101
Cities across the state are examining their land assets and considering possibilities
for the future. But they’re not the only ones. The state has revamped the Surplus
Land Act and its implementing regulations. Drawing from the speakers’
experience as city planners, city attorneys, and planning and development
consultants, attendees will learn the ins and outs of the Surplus Land Act. Despite
surface concerns, the law can be a valuable tool for cities’ housing, economic
development, and community improvement plans.
Speakers: Genesis Crank, Planning & Community Development Administrator,
City of Barstow
Matthew Summers, City Attorney, Barstow, Calabasas, Ojai, Colantuono,
Highsmith & Whatley, PC
Mark Teague, Managing Principal, PlaceWorks
Black Health and Wellness: Healthcare Services within Communities of Color
African Americans seek and access health care services like any other ethnic
group. But in most cases, they are provided subpar or negligent care. In light of
the 2020 conversation about racism as a health crisis, this panel will explore and
Agenda Item 8.6
Agenda Packet Page 66 of 188
provide insight into how communities of color can seek adequate health care
services and self-advocate for top-tier health care services that address mental,
reproductive, and maternal health, as well as the overall healthcare needs of
millions of African Americans in California. Planned with the Cal Cities African
American Caucus.
Moderator: Walter Allen III, President, Cal Cities African American Caucus
Speakers: Lehman E Black III, Pediatrician, Retired
Rhonda M. Smith, Executive Director, California Black Health Network
Enhancing Emergency Preparedness Through Whole Community Collaboration
and Partnerships
Collaboration between cities, counties, and other stakeholders is crucial to
disaster preparation, response, recovery, and mitigation. Hear from community
leaders about effective strategies, lessons learned, and resources that can
enhance local emergency management and disaster response. Speakers will
also discuss how promoting authentic community engagement can strengthen
community resilience and trust while reducing risks (and costs) in the face of
disasters.
Moderator: Robert Madrid, Senior Associate, Operations Support (Planning),
Team Rubicon
Speakers: Nancy A. Brown, PhD, Community Preparedness Program Manager,
Sonoma County Department of Emergency Management
Patrice Chamberlain, Health Program Specialist, California Department of Public
Health
Jason Roberts, Council Member, City of Vacaville
One City, One Team: Establishing Effective City Manager-Council Relations
Running cities is complex and challenging, even when things are going well. The
key to a thriving city is establishing productive relationships between the city
council and the city manager. This means that choosing the right person as city
manager and providing them with proper support and guidance is the most
crucial responsibility of the city council. In this session geared for city managers
and city councils, learn how you can navigate issues — both common and
difficult — to create significant results for your community.
Moderator: Reva Feldman, Strategic Advisor, Avenu Insights and Analytics
Speakers: Aaron Adams, City Manager, Temecula
Rachelle Arizmendi, Former Mayor, City of Sierra Madre and Government
Industry Advisor, Avenu Insights and Analytics
Patricia Lock Dawson, Mayor, City of Riverside
Stop Hate: How Local Elected Officials Can Combat Rising Hate Crimes and Hate
Speech
Whether it’s community members being targeted based on their appearance or
hate speech in our council chambers, it is key that local elected officials directly
speak to rising hate and help lead the city’s response. Panelists will share their
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experiences with hate crimes and hate speech at the local level, lessons
learned, and tips on how local elected officials can support their constituencies
in this time of rising polarization.
Moderator: Tessa Rudnick, Mayor Pro Tem, City of El Cerrito
Speakers: Lily Mei, Mayor, City of Fremont
Letecia "Holly" Tillman, Council Member, City of Clayton
Kevin Wilk, Council Member, City of Walnut Creek
Cesar Zepeda, Council Member, City of Richmond
12:45-1:05 p.m. Speed Session
Opt In: Why Cities Should Care About Digital Rights
Digital technology is increasingly embedded into how our cities work. We deploy
and operate cameras, sensors, and other technologies that collect data to help
advance transportation, public safety, and climate goals. How can we help our
constituents understand how that data is used to manage city operations?
Drawing on examples from Long Beach and a growing coalition of California
cities, this session will discuss the importance of being transparent and engaging
with residents about the use of smart technologies in the public realm, as well as
the intersections with data privacy and the emerging concept of digital rights.
Speaker: Ryan Kurtzman, Smart Cities Program Manager, Long Beach
1:15-1:35 p.m. Speed Session
Building America's Greenest City Hall
In 2023, Sunnyvale will complete the nation's first net zero energy city hall. The
project will also achieve a LEED Platinum rating for sustainability. This session will
describe the development of the projec t — from initial community outreach to
planning, financing, design, and construction — with an emphasis on its
sustainable features, such as the solar energy system and microgrid.
Speaker: Kent Steffens, City Manager, Sunnyvale
1:45-2:05 p.m. Speed Session
From Idea to Action: Budgeting for Strategic Impact
To create meaningful outcomes, city leaders need to identify strategic priorities,
resources, and opportunities early in the budget process. No matter how you
budget or measure performance, you can make small and meaningful changes
that increase your budget framework maturity, better align your processes with
your strategic plan, track your progress, and drive community outcomes. In this
session, dive into best-in-class examples of budget planning and performance
frameworks that led to exceptional progress.
Speaker: Monica Cook, Director, Solutions Engineering, OpenGov
2:15-2:35 p.m. Speed Session
AI in Governance: Opportunities and Ethical Considerations
Machine learning has the potential to reshape governance and create a
sustainable future for communities — for good or ill. It can enhance public safety,
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refine transportation, and promote environmental sustainability. Explore the
challenges faced by governing bodies and how artificial intelligence (AI) can
empower decision-makers with data-driven insights, with an emphasis on
unbiased data, algorithmic fairness, transparency, and accountability.
Attendees will leave the session with an appreciation for AI's transformative
impact on policy, its applications, and crucial ethical challenges for responsible,
equitable use.
Speaker: Scott Larson, CFO, Inquisio.AI Inc
2:30-3:45 p.m. Concurrent Sessions
A Local Agency's Guide to HCD’s Housing Accountability Unit
Get practical, hands-on tips to help your agency better comply with state
housing law. Panelists will provide an overview of the state’s Housing
Accountability Unit, examples of common accountabi lity cases, and
recommendations for documenting state housing law compliance. This session is
tailored both for local agency staff processing residential development projects
and those working on land use changes in the general plan or zoning code.
Speakers: Brian Heaton, Senior Housing Accountability Manager, California
Department of Housing and Community Development (HCD)
David Zisser, Assistant Deputy Director, CA Department of Housing and
Community Development
Connecting and Engaging to Make a Difference: Mentoring, Not Managing
Connecting with team members is crucial to achieving organizational goals and
creating high-functioning, passionate, and effective teams. In this session, focus
on simple tactics for connecting and engaging with your team in a w ay that
strengthens their skills, fosters open communication, gives work a sense of
meaning, and unlocks your organization’s full potential. The discussion will cover
active listening and ways to empower team members, promote ownership and
growth, and encourage togetherness. Planned with the Cal Cities Women’s
Caucus.
Moderator: Priya Bhat-Patel, Mayor Pro Tem, City of Carlsbad
Speakers: Diandra Bremond, President, CA Women Lead
Sonya Harris, Founder and CEO, Sage Strategies
How To Solve Big City Problems in Small Towns
Anyone that has worked in a small town or city understands the challenges and
opportunities that exist in smaller communities. This interactive session will bring
together elected officials and city managers to discuss the trials, tribulations, and
triumphs of working through complex problems in a small town. The panel of
experts will share their perspective from the council dais and the staff desk on
how to work through local government challenges that affect all cities,
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regardless of size, when the role of administrator, volunteers, elected, resident,
and tenant cross the traditional lanes established in a council -manager form of
government.
Moderator: Peter Pirnejad, City Manager, Los Altos Hills
Speakers: Laurel Prevetti, Town Manager, Los Gatos
Marico Sayoc, Former Mayor, Town of Los Gatos
Frank V. Zerunyan, Council Member, Rolling Hills Estates and Professor, USC
Increasing Collaboration Between Local Governments and Utilities on Installing
Infrastructure
Installing infrastructure is an expensive process, especially when you factor in the
cost to resurface streets after a project is complete. Increasing the
communications between local governments, utilities, and other stakeholders
can reduce costs for everyone, minimize traffic interruptions, and optimize
projects so that multiple projects can be completed at once. Learn about
potential technological solutions and how city leaders can better track projects
that have the potential for collaboration between multiple entities.
Moderator: Justin Skarb, VP, Government & Community Affairs, California Water
Service
Speakers: Erik Gustafson, Public Works Director - Operations & Maintenance, City
of Chico
Reed A. Reisner, Division Manager, SCE
Kenneth Rosenfield, ASCE Region 9 Director, ASCE Region 9
Reducing Wildfire Risk to Wildland-Urban Interface Communities
Wildfires are hotter, more common, and frequently, popping up in new places. In
this panel, learn how to understand and quantify the wildfire risk your community
faces and prioritize key mitigations. The panel will also explore opportunities and
gaps in the current policy framework through a review of relevant codes and
statutes. Speakers will share best practices and model ordinances from
throughout the San Francisco Bay Area to show how regional cooperation can
create fire-adapted communities that comply with the often-contradictory
requirements of local housing elements.
Moderator: Jonathan V. Holtzman, Founding Partner, Renne Public Law Group
Speakers: Keith May, Deputy Chief, Berkeley Fire Department
Dave Winnacker, Fire Chief, Moraga-Orinda Fire District
4:00-5:00 p.m.
The Joint Powers Act and Its Utilization in California
California has more joint powers authorities (JPAs) than any other state by a
considerable margin. Learn how and why JPAs are formed and more
specifically, the how and why of investment pooling within the JPA legal and
administrative framework. After this session, attendees will understand the
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rationale for forming a JPA investment pool, the benefits of diversifying a city’s
investment program with JPA investment pools, and how JPA investment pools
are managed for the benefit of participating public agencies.
Speakers: Jenna Magan, Partner, Orrick, Herrington & Sutcliffe LLP
Thomas N Tight II, Managing Director, Public Trust Advisors
4:00-5:15 p.m. Concurrent Sessions
After the Storm: Lessons Learned from the California Storms
The last two years brought a string of storms that battered California’s Central
Coast. Cities along the coast experienced an unprecedented amount of rainfall
that wreaked havoc, caused mudslides and evacuations, and taxed city
infrastructure. Quickly and collaboratively managing the minute-by-minute
impacts and recovering from the effects of a major disaster is a crucial
component of a public agency’s resilience. Join the California JPIA and Central
Coast cities to learn how they managed and recovered from disasters.
Moderator: Tim Karcz, Senior Risk Manager, California Joint Powers Insurance
Authority
Speakers: James Blattler, Emergency Manager, San Luis Obispo City Fire
Department
Jorge Garcia, Interim City Manager, Pismo Beach
Gregory Kwolek, Public Works Director, City of Morro Bay
Building Relationships Between Police Departments and the Community
It is critical to build and maintain strong relationships between police
departments and the communities they serve. The community must have trust
and confidence in the police department that protects them. In this panel
discussion, three seasoned police chiefs will share their experiences building and
maintaining positive community relationships. Attendees will learn strategies to
build and strengthen relationships with their communities.
Moderator: Jeb Brown, Senior Counsel, LCW
Speakers: Larry V. Gonzalez, Chief of Police, City of Riverside
Jeremiah Hart, Chief of Police, Torrance Police Department
DEI Recruitment at All Levels of Your Organization
Cities deliver services to communities that are becoming more diverse every
day, which means their teams need to become more diverse. Building a strong
team with different cultural backgrounds requires an environment that fosters
respect for others and makes your organization a welcoming place for all. It also
requires the right recruitment process, starting with the hiring of the city manager
and continuing through intentional staff development and investment in
retention. Join this exciting and interactive discussion to learn about the
executive recruitment process, strategies for diverse recruitment and retention,
and city manager perspectives on leading courageous conversations on
diversity and organizational change.
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Moderator: Tony Winney, Assistant City Manager, Coronado
Speakers: Teri Black, President, Teri Black & Co., LLC
Maxine Gullo, Assistant City Administrator, Carmel-by-the-Sea
Reina J. Schwartz, Retired City Manager, Clayton
Hiring Future Local Leaders: How to Attract Top Talent
In an epidemic of high turnover, building a sustainable, all-star team of staff is a
top priority for many municipal agencies. This session centers on exploring the
most effective recruitment strategies that cities can use to attract and retain top
talent.
Moderator: Karen Pinkos, City Manager, El Cerrito
Speaker: Cathy R. Thompson, Executive Recruiter, TS Talent Solutions
Righting Wrongs: Addressing Discrimination Against AAPIs
Over 11,000 acts of hate against Asian Americans and Pacific Islanders (AAPI)
have been reported to the nationw ide Stop AAPI Hate coalition since the start of
the COVID-19 pandemic. That is likely an undercount since many incidents go
unreported. These acts are not just hate crimes but harassment and
discrimination. Delve into the results of a landmark survey by Stop AAPI Hate and
NORC at the University of Chicago to understand the discrimination faced by
Asian Americans and Pacific Islanders and hear recommendations for
governments to address these challenges. Planned with the Cal Cities Asian
Pacific Islander Caucus.
Moderator: Juslyn Manalo, Vice Mayor, City of Daly City and President, Cal Cities
API Caucus
Speakers: Candice Cho, Managing Director of Policy and Counsel, AAPI Equity
Alliance
Annie Lee, Managing Director of Policy, Stop AAPI Hate
Friday, Sept. 22
8:45-10:45 a.m.
Managing Difficult Conversations with Constituents
Getting stopped at the post office or grocery store by a constituent is part of
daily life as an elected official. Learn how you can show people you disagree
with that they have been heard, find areas of commonality or agreement, and
share your views in a way that is likely to be heard. This lively and interactive
session will combine clear explanations and guided practice around common
scenarios that elected officials encounter every day, with a focus on one-to -one
conversations rather than large public meetings.
Facilitator: Elizabeth Doll, Director of Braver Politics, Braver Angels
8:45-10:45 a.m.
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Harassment Prevention Training for Supervisors and Officials (AB 1661)
This informational and interactive workplace harassment prevention training will
teach officials and supervisors how to identify, prevent, and properly respond to
workplace harassment, discrimination, retaliation, and abusive conduct in order
to avoid personal and agency liability in compliance with AB 1825/2053/1661
and SB 396. Sign-in will begin 30 minutes prior to the session and you must be
present for the full two hours to receive the certification of attendance. Entry will
be prohibited once session begins.
The Institute for Local Government is a State Bar of California minimum
continuing legal education (MCLE) approved provider and certifies this activity
meets the standards for MCLE credit by the State Bar of California in the total
amount of 2 hours (general credits). Provider #13881
Speaker: Gymmel Trembly, Attorney, Hanson Bridgett LLP
9:30-10:45 a.m. Concurrent Sessions
California Economic Forecast: A Look Ahead
The University of California, Los Angeles (UCLA) and Avenu Insights & Analytics
are joining forces for a report on the Golden State’s economic future. For 60
years, UCLA Anderson Forecast has provided forecasts for economies across the
country; its projections are recognized as one of the most accurate, widely
followed, and frequently cited in California. Avenu has provided regional/local
forecasts and trends in California for 40 years. Together, their reports provide a
comprehensive macro and micro forecast for cities. The session will include a
detailed explanation of the numbers and a Q&A session.
Moderator: Reva Feldman, Strategic Advisor, Avenu Insights and Analytics
Speakers: Francesco Mancia, Vice President of National Government Relations,
Avenu Insights and Analytics
Jerry Nickelsburg, PhD, Professor, UCLA
CalPERS Funding Levels, Projections, and Strategic Update
Join CalPERS leaders for a discussion on the status of the state pension fund,
strategies for managing market volatility, and what it means for cities and
employees. Attendees will learn about the challenges facing pension funding
today and gain valuable insights into the steps CalPERS is taking to mitigate
them. Panelists will also explore the implications of these strategies for employer
contribution rates and provide a roadmap for the upcoming year.
Speaker: Michael Cohen, Interim Chief Investment Operating Officer, California
Public Employees' Retirement System (CalPERS)
Connecting With Your Community Through Human-Centered Communication
Cities have greatly expanded their communication capacity, with the number of
related positions more than doubling in the last 10 years. At the same time,
digital outreach — from social media to email to app-based service delivery —
has become the norm, accelerated even more by the COVID-19 pandemic.
Using several case studies, this presentation will cover how to retain the human
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touch in today’s highly digital communication environment while increasing trust
and transparency with the public.
Moderator: Tom Mallory, Staff Writer, City of Carlsbad
Speakers: Scott Chadwick, City Manager, Carlsbad
Kristina Ray, Communication & Engagement Director, City of Carlsbad
Cybersecurity Checklist
With ransomware attacks attacking municipalities more than any other
industry—even more than schools or healthcare organizations—a perfect storm
exists as municipalities are also often the least-equipped to handle a
cyberattack. Many municipalities do not even have the “basic basics” in place
such as multi-factor authentication (MFA), endpoint detection and response
(EDR), and data backup. We will answer the question, “Where do I begin with
cybersecurity?” and present a checklist that distills tips, best practices, and
recommendations that cities and towns can use to score themselves, find
cybersecurity gaps, and create an action plan.
Speaker: Corey Kaufman, General Manager, US West, VC3
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MCLE Sessions
Wednesday, Sept. 20
3:30-5:00 p.m.
Legal Issues: Artificial Intelligence and the Practice of Law, General Municipal
Litigation Update
This session will include a presentation on AI tools and a discussion of legal issues
related to AI including threats to privacy, bias in automated decision making,
misinformation and IP infringement. The session will also provide a city -focused
update on general municipal litigation. MCLE credit is available.
Thursday, September 21
8:30-9:45 a.m.
City Attorneys Department Business Meeting and Legal Issues: Meeting
Disruptions, Workplace Violence Restraining Orders, and the Bane Act
In addition to the Business Meeting, this session will include a discussion regarding
single and organized public meeting disruptions, a presentation on workplace
violence restraining orders, and a presentation on the Bane Act. MCLE credit is
available.
1:00-2:30 p.m.
Legal Issues: Land Use and CEQA Litigation
This session will provide a city-focused update on land use and California
Environmental Quality Act litigation. MCLE credit is available.
Legal Issues: Affirmatively Furthering Fair Housing – State and Federal Law
This session will provide an overview of best practices for taking meaningful
actions and combating discrimination to foster inclusive communities free from
barriers that restrict access to housing opportunities. MCLE credit is available.
2:45-4:15 p.m.
Legal Issues: Case Study: A Capital City’s Approach to the Unsheltered
Community
This session will provide an overview on homelessness issues in California and
strategies to handle them. MCLE credit is available.
4:30-6:00 p.m.
Legal Issues: Labor and Employment Litigation
This session will provide a city-focused update on labor and employment
litigation. MCLE credit is available.
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Legal Issues: CalPERS Legal Update, Emerging Issues and Common Compliance
Problems
This session will discuss important issues for local agencies and the financial and
legal consequences to employers pertaining to compliance with CalPERS
statutes and regulations. MCLE credit is available.
Friday, September 22
8:30-10:00 a.m.
Legal Issues: Municipal Tort and Civil Rights Litigation
This session will provide a city-focused update on municipal tort and civil rights
litigation. MCLE credit is available.
Legal Issues: Pay to Play No More? Levine Act (SB 1439)
This session will provide an overview of the new regulations implementing SB 1439
which extended restrictions to local elected officials. MCLE credit is available.
10:15-11:30 a.m.
Legal Issues: Practicing Ethics
This session will provide an overview of updates to the Rules of Professional
Conduct and updates to the Cal Cities publication Practicing Ethics: A
Handbook for Municipal Lawyers. MCLE credit is available. Includes 1 hour of
Legal Ethics sub-field MCLE credit.
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Page 1 of 12
CITY OF GILROY TRAVEL AND MEETING EXPENSE POLICY
Expense and Use of Public Resources
Originally Adopted by City Council on November 6, 2006
Last Revised on March 2, 2020
FINDINGS
Whereas, the City of Gilroy (the “City”) takes its stewardship over the use of its limited
public resources seriously; and,
Whereas, public resources should only be used when there is a substantial benefit to
the City. Whereas, such benefits include:
1. The opportunity to discuss the community’s concerns with state and federal officials;
2. Participating in regional, state and national organizations whose activities affect
the City’s interest;
3. Attending educational seminars designed to improve officials’ and employees’
skill and information levels; and
4. Promoting public service and morale by recognizing such service; and,
Whereas, legislative and other regional, state and federal agency business is frequently
conducted over meals. Sharing a meal with regional, state and federal officials is frequently
the best opportunity for a more extensive, focused and uninterrupted communication about
the City’s policy concerns; and,
Whereas, each meal expenditure must comply with the limits and reporting requirements
of local, state and federal law; and,
Whereas, this Policy provides guidance to elected and appointed officials (officials) and
employees on the use and expenditure of City resources, as well as the standards against
which those expenditures will be measured; and,
Whereas, this Policy satisfies the requirements of Government Code section 53232.2;
and,
Whereas, this Policy supplements the definition of actual and necessary expenses for
purposes of state laws relating to permissible uses of public resources; and,
Whereas, this Policy also supplements the definition of necessary and reasonable
expenses for purposes of federal and state income tax laws; and,
Whereas, this Policy also applies to any related charges made to a City credit card, cash
advances or other line of credit; and,
Whereas, this Policy complies with AB 1234.
AUTHORIZED EXPENSES
City funds, equipment, supplies (including letterhead), titles, and staff time must only be used
for authorized City business. Expenses incurred in connection with the following types of
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Page 2 of 12
activities generally constitute authorized expenses, as long as the other requirements of this
Policy are met. Effective and efficient implementation of these guidelines requires that
employees and Department Heads use sound and reasonable judgment in the expenditure of
City funds.
1. Communicating with representatives of regional, state and national government on
City adopted policy positions;
2. Participating in regional, state and national organizations whose activities affect
the City’s interests;
3. Attending educational seminars, conferences, training, conventions and other
functions designed to improve officials’ and employees’ skill and information
levels;
4. Attending City events;
5. Implementing a City approved strategy for attracting or retaining businesses to the
City, which will typically involve at least one staff member;
6. Attending business meetings, functions of local civic or community organizations
where there is a clear nexus between the event and City employee duty, i.e. not
purely social events;
7. Events where the City is a formal sponsor or participant, in performance of official
duties for the City, and when acting as an official City representative; or
8. Serving on professional organization or governmental committees, boards or task
forces.
All other expenditures require prior approval by the City governing body, including
international travel.
Examples of personal expenses that the City will not reimburse include, but are not limited to:
1. The personal portion of any trip (i.e. dry cleaning, laundry, etc.);
2. Political or charitable contributions or events;
3. Family expenses, including partner’s expenses when accompanying official or
employee on agency-related business, as well as children- or pet-related expenses;
4. Entertainment expenses, including theater, movies (either in-room or at the
theater), video games, sporting events (including gym, massage and/or golf related
expenses), or other cultural events;
5. Non-mileage personal automobile expenses, including repairs, traffic citations,
insurance or gasoline;
6. Personal losses incurred while on City business; and
7. Inaccurate receipts that are greater than the approvable cost of the item.
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Any questions regarding the propriety of a particular type of expense should be resolved by
the approving authority before the expense is incurred.
REIM BURSEMENTS FOR MEETINGS
General
Consistent with this Policy, expenses will be advanced and/or reimbursed for meals, lodging,
travel and expenses, utilizing the City of Gilroy Travel and Expense Request Form.
Meetings and Service Subject To Reimbursements
To be entitled to payment under this Policy, the event in question must constitute one of the
following:
1. A meeting of the City Council within the meaning of Government Code section
54952.2(a);
2. A meeting of a City committee/board/commission or a meeting for City staff within the
meaning of Government Code section 54952(b);
3. An advisory body meeting within the meaning of Government Code section 54952(b);
4. A conference or organized educational activity conducted in compliance with
Government Code section 54952.2(c), including ethics training required by
Government Code sections 53234 and following;
5. A meeting of any multi-jurisdictional governmental body on which a City
Councilmember serves as the City’s designated representative;
6. Any meeting attended or service provided on a given day at the formal request of the
City Council and for which the City Council approves payment;
7. Business meetings, functions of local civic or community organizations where there is a
clear nexus between the event and City employee duty, i.e. not purely social events;
8. Events where the City is a formal sponsor or participant, in performance of official
duties for the City, and when acting as an official City representative; or,
9. Meetings of a professional organization or governmental committees, boards or task
forces where an employee or official serves as a member of such a body.
COST CONTROL
To conserve City resources and keep expenses within community standards for public officials
and employees, expenditures should adhere to the following guidelines. In the event that
expenses are incurred which exceed these guidelines, the cost borne or reimbursed by the
City will be limited to the costs that fall within the guidelines.
P.O.S.T. (Officers Standards and Training)
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Police employees will be reimbursed under P.O.S.T. guidelines when eligible.
Transportation
The most economical mode and class of transportation reasonably consistent with
scheduling needs and cargo space requirements must be used, using the most direct and
time-efficient route. Government and group rates must be used when available.
When planning the transportation portion of a trip, the employee shall consider all aspects of
cost to the City including daily expenses, overtime, lost work time as well as actual
transportation costs. If an employee elects to use a mode of transportation other than the
most economical, the City will pay only the cost of the least expensive mode. The difference
in cost will be borne by the employee. No overtime or compensatory time off is granted for
attendance or travel to out-of-town functions other than that mandated by Federal Fair Labor
Standards Act requirements and/or approved Memoranda of Understanding. Overtime in
connection with travel on City business requires authorization from the Department Director.
The City will not pay for any additional costs related to the extension of stay beyond what is
required for business-related purposes (except due to travel restrictions caused by inclement
weather, lack of available transportation, or similar reasons), unless pre-approved by the
employee’s supervisor, Department Director, and City Administrator. If an employee extends
his/her stay beyond the business-related purpose, during normal work hours, the employee
must charge the time to his/her available leave balance.
Automobile
General
When two or more employees are traveling by vehicle, the employees should make every
effort to travel together. The City will pay all expenses, such as bridge tolls and parking fees,
incurred as the result of an employee’s authorized use of a vehicle while traveling on City
business. Employees requesting reimbursement for the payment of such expenses shall
obtain receipts and submit them with their reimbursement request. To drive a City or privately-
owned vehicle on City business an employee must possess a valid California driver’s license.
A driver of a privately-owned vehicle must also carry adequate liability insurance coverage,
and be responsible for any damage, service, or repair to the car occurring on the trip, as these
costs are included in the City’s per mile cost reimbursement.
City Vehicles
Use of City pool vehicles is encouraged if deemed the most economical mode of transportation
and no other family member or non-City employee will be accompanying the official or
employee. See attached City of Gilroy Use of City-Owned Vehicles Policy for additional
details. An employee who has been assigned a City vehicle on a full-time basis should use
that vehicle for business travel (except when air travel is the least costly mode of
transportation) and may not request compensation for the use of a private vehicle.
Personal Vehicles
Automobile mileage for use of a personal vehicle is reimbursed at Internal Revenue Service
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(“IRS”) rates presently in effect (see www.irs.gov ). These rates are designed to compensate
the driver for gasoline, insurance, maintenance, and other expenses associated with operating
the vehicle. This amount does not include bridge and road tolls, which are also approvable.
The IRS rates will not be paid for rental vehicles; only receipted fuel expenses and the rental
car cost will be reimbursed.
If an official or employee elects to use a personal vehicle, the mileage will only be reimbursed
up to the most economical mode of transportation cost (i.e. if a flight and shuttle/rental car
would be less than the cost of reimbursement for mileage cost, they would be reimbursed for
the lesser amount.)
Employees who receive a car allowance shall, as a condition for receipt of this allowance,
utilize their private vehicles for all City-related business and activities taking place within a 40
mile radius from Gilroy City Hall. Officials receiving auto allowance may claim mileage
reimbursement for City related business activities only for miles in excess of the 40 mile radius
from Gilroy City Hall in accord with the published IRS mileage rate.
Rental Vehicles
The use of rental vehicles is generally prohibited under this travel policy. However, special
exceptions may be recommended by department heads, and must be approved by the City
Administrator in order to be paid for, or reimbursed, by the City.
Ai rfare
Economy class airfares are presumed to be the most economical and reasonable for the
purposes of this Policy. City officials and employees on official business are prohibited from
traveling by private non-scheduled airplane unless a waiver of all claims for death and injury is
first executed to the satisfaction of the City Attorney and City Risk Manager. Travelers are
encouraged to make air reservations as early as feasible to obtain the greatest discount and to
consider the use of alternate but nearby airports to take advantage of the lowest fares.
Extension of the trip to cover a weekend stay to obtain a lower airfare does not entitle the
traveler to be reimbursed for the extra day's hotel costs or meal expenses. Travelers that
choose to use their personal frequent flyer miles for City business shall not be reimbursed for
the value of the tickets. If the airline charges for all checked baggage, the City will cover the
cost for one checked bag only. Excess baggage charges are not approvable. Upgrades of any
kind shall not be reimbursed, including early boarding. If a trip is cancelled and the employee
receives credit for the value of the airfare, the employee should use that credit for future
business travel. If the credit is used for personal travel, the employee should reimburse the City
for that amount. All cancelled trips must be reported.
Airport Parking
Long-term parking must be used for travel exceeding 24 hours. Transportation to/from airports,
bus or train stations will be reimbursed for either actual mileage if a personal vehicle is used or
for reasonable taxi fare, airport shuttle, van or other public transportation. If a personal vehicle
is left at the airport for more than one day, parking will be reimbursed per day based on long-
term parking rates or other transportation fare to/from the airport, whichever is lower. Parking
at the short-term rate will not be reimbursed for more than one day.
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Taxis/Shuttles/Trains/Other Mass Transit
Employees shall be compensated for train or other mass transit fares and fees provided
that it is the most logical and least expensive method of travel. Supplementary
transportation within the destination city shall be accomplished by hotel courtesy buses,
local shuttle services or public transportation, if available and logical. Taxi or car service
shall be used only when no other convenient, less costly mode of transportation is
available. Taxi or shuttle fares may be reimbursed, including a 15 percent gratuity per fare,
when the cost of such fares is equal or less than the cost of car rentals, gasoline and
parking combined, or when such transportation is necessary for time-efficiency.
Lodging
Lodging expenses will be reimbursed or paid for when travel on official City business (including
hotel parking fees) is greater than 50 miles from Gilroy City Hall or the employee’s residence,
or less if the travel reasonably requires an overnight stay at the discretion of the employee’s
Department Head, or the City Administrator in the case that the traveling employee is a
Department Head or appointed official. If multiple officials/employees are attending, room
sharing is not required.
Some hotels provide exemptions from transient occupancy tax for government employees.
Employees should request exemption for hotel transient occupancy taxes if applicable. No
reimbursement will be made when lodging is at a family/friend’s residence. Lodging expenses
will be limited to single occupant room rates. Travelers shall select single occupancy,
standard, non-deluxe accommodations and should stay at hotels offering economical lodging
rates. Unless authorized by the approving authority, fees to travel agents and travel agencies
will not be reimbursed for in-state, out-of-state travel, and international travel.
Conferences/Meetings
If such lodging is in connection with a conference, lodging expenses must not exceed the
group rate published by the conference sponsor for the meeting in question if such rates are
available at the time of booking. If the group rate is not available, see next section.
Other Lodging
Travelers must request government rates, when available. Lodging rates that are equal to or
less than government rates are presumed to be reasonable and hence approvable for purposes
of this Policy.
In the event that government rates are not available at a given time or in a given area, lodging
rates that do not exceed the median retail price for lodging for that area listed on travel websites
or an equivalent service shall be considered reasonable and hence approvable. The employee
must make an effort to obtain lodging at or near the facility where business-related activity is to
take place in order to minimize travel time and transportation costs. If an employee registers
too late to receive the discounted rate ordinarily offered for business-related activity, the
employee will make every effort to find accommodations near the location of the business-
related activity at a rate similar to the discounted rate.
Agenda Item 8.6
Agenda Packet Page 82 of 188
Page 7 of 12
Meals
Conference and Overnight Travel Meals
The City will provide a per diem (“per day”) allowance for meals and incidentals to employees
who travel overnight for official City business. Travelers will receive a flat rate for meals and
will not be required to submit receipts. If travelers use a City Purchase Card to pay for meals,
it negates the per diem. The per diem rate varies and is dependent on the destination of
travel. The rates for the various travel destinations are available on the U.S. General Services
Administration website (http://www.gsa.gov/portal/content/104877) (these amounts are subject
to change every year).
Each city has a dollar value for the full day depending on the relative cost of meals in that
jurisdiction. When meals are provided as part of the cost of an event, that meal will be
deducted from the full day per diem rate. For days requiring transportation to and from the
location (i.e. departure day and return day), the meals allowed shall be reduced based on the
time of departure and return. If departure happens after 8:30 am, no breakfast is provided. If
after 1:30 pm, no lunch is provided. If return time is before 12:30 pm, then no lunch or dinner
is provided. If the return time is before 6:30 pm, no dinner is provided. Meals provided on days
of travel shall be deducted at full-value.
Local and One-Day Travel Meals
Local and one-day travel meals shall be reimbursed, as opposed to advanced via per diem
rates. Reimbursement for meals will be allowed only where the employee is attending a
seminar or conference as a representative of the City for a specific purpose, or where the
employee ’s attendance will directly benefit the City. No reimbursement will be allowed for
meetings that are of a social nature. Meal expenses and associated gratuities should be
moderate, taking into account community standards and the prevailing restaurant costs of the
area. These reimbursements shall not exceed the rates specified in the Internal Revenue
Service guidelines. See Government Code section 53232.2(c) and Publication 1542 at
www.irs.gov or www.policyworks.gov/perdiem.
The City will not pay for alcohol/bar expenses. Additionally, snacks, sodas, or water outside of
a meeting or meal are not approvable.
For group meal events organized by others (for example, business meetings and other types
of activities that fall within the list of “authorized expenditures” above), the City recognizes that
the per person cost may exceed these maximums. Additionally, it is sometimes appropriate to
conduct City business with non-employees, such as consultants, oral board participants,
prospective businesses, etc., whereby expenses will be incurred for food, beverage, taxes, tip,
etc. Actual amounts will be reimbursed with prior approval from the Department Head and/or
City Administrator.
Meals will be reimbursed for a staff working breakfast, lunch, or dinner whether for an outside
meeting or held within a City of Gilroy facility or Gilroy dining establishment and approved by a
Department Head or City Administrator.
In addition, employees have the option of using a City credit card for meal expenses, which
Agenda Item 8.6
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Page 8 of 12
will be for the actual amount plus tip, and must be within the established limits as noted above.
Telephone/Fax/Cellular
Officials and employees will be reimbursed for actual telephone and fax expenses incurred on
City business.
Other
Baggage handling fees of up to $1 per bag and gratuities (when not associated with a per
diem amount) of up to 15 percent will be reimbursed. Expenses for which City officials and
employees receive reimbursement from another agency are not approvable. Other incidental
expenses related to City business (e.g. fax, tolls, parking fees, internet access, public
transportation) will be reimbursed at cost as supported by submitted receipts. Personal
expenses such as shoe shine, in-room entertainment, personal phone calls, traffic fines,
excess baggage charges, etc. will not be paid by the City. Laundry services are generally not
eligible for reimbursement. On a case-by-case basis, when an extended business trip extends
over seven (7) or more calendar days and the employee is required to conduct City business
in excess of five (5) days, reasonable laundry expenses may be reimbursed for necessary
business clothing.
Travel Time
An employee will be allowed travel time during work hours in excess of normal commute time.
If a non-exempt employee is required to travel beyond the normal work hours, they may be
entitled to overtime.
CREDIT CARD USE POLICY
City officials and employees may use City credit cards for such purposes as airline tickets
and hotel reservations by following the same procedures for cash advances. Receipts
documenting expenses incurred on the City credit card and compliance with this Policy must
be submitted within five business days of use. All other requirements and policies in effect
regarding purchasing and use of City credit cards apply.
City credit cards may not be used for personal expenses, even if the official or employee
subsequently reimburses the City. Utilizing a City credit card for meals will negate the per diem
advance per the meal discussion above.
Non-Attendance at Meeting/Conference
If an official or employee has registered for a conference or meeting and either determines that
they are unable to attend or do not attend, they will be responsible for all expenses that are
charged to the City of Gilroy that were not able to be refunded. Exceptions to this section of
the policy will be at the discretion of the employee’s Department Head.
APPROVAL AUTHORITY
No individual may authorize his/her own travel. Employee travel requests must be approved
by their supervisor or Department Head. Department Head travel shall be approved by the
City Administrator or designee and the City Administrator’s travel shall be approved by the
Agenda Item 8.6
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Page 9 of 12
Finance Director or designee. Councilmember travel shall be approved by the City Council.
Board, commission and/or committee member travel shall be limited to the budget that
Council has assigned for their advisory body, allocated by the staff liaison in cooperation with
the Chairperson of the advisory body, and approved by the respective commission and/or
committee.
Approval must be secured from appropriate approval authority before reimbursement will be
made.
Officials and employees must substantiate all expenses, excepting per diem advances. If an
official or employee receives an advance for an expense and fails to substantiate the
expense, such official or employee must return the advance to the City. The following
constitutes “substantiate” for the purpose of this policy: Within 30 days after the expense is
incurred, the official or employee shall submit to the City all receipts and other documentary
evidence substantiating the time, place, amount, and business connection of the expenditure.
Excepting the portion of an advance made to an employee as a per diem allowance (that
does not exceed the per diem rates of the federal government), an official or employee shall
return to the City, within 30 days upon return to work (or within 120 days after the expense
was incurred, whichever is earlier), any amount of an advance that is in excess of the actual
expense incurred. For example, if an employee receives an advance from the City of $100 to
cover the cost of attending a seminar and the actual cost turns out to be $95, such employee
shall return to the City the excess $5 within 30 days upon return to work.
AUDITS OF EXPENSE REPORTS
All expenses are subject to verification that they comply with this Policy. Requirements for
documentation and processing of travel and expense requests shall be at the discretion of the
Finance Department, approved by the City Administrator.
REPORTS TO GOVERNING BOARD
At the following City governing body meeting, each official shall briefly report on any meetings
attended for which reimbursement was paid.
If multiple officials attended, a joint report may be made. The report may be made orally or in
writing.
COMPLIANCE WITH LAWS
City officials should keep in mind that some expenditures may be subject to reporting under
the Political Reform Act and other laws. All agency expenditures are public records subject to
disclosure under the Public Records Act and other laws.
VIOLATION OF THIS POLICY
Under state law, use of public resources or falsifying Reimbursement Request Forms in
violation of this Policy may result in any or all of the following: 1) loss of reimbursement
privileges, 2) a demand for restitution to the City, 3) the agency’s reporting the expenses as
income to the elected or appointed official or employee to state and federal tax authorities
Agenda Item 8.6
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Page 10 of 12
(may result in additional tax liabilities), 4) civil penalties of up to $1,000 per day and three
times the value of the resources used, 5) prosecution for misuse of public resources, and 6)
discipline up to and including termination for employees.
The Travel and Expense Request Form shall include the above paragraph as an advisory on
each form.
If there are any questions regarding this Policy, contact your Department Head. If any
clarification is needed, they will discuss the issue with the Finance Director.
Agenda Item 8.6
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Page 11 of 12
CITY OF GILROY
USE OF CITY-OWNED VEHICLES POLICY
Revised 9-20-2006
The City of Gilroy provides vehicles to a few City employees for the conducting of City business. The
following are the City policies in regards to such use.
1. In certain cases an employee is assigned a vehicle in the performance of his or her daily duty. The
vehicle is not to be used for personal purposes, including the commute to and from home.
2. In other cases, employees are, from time to time, directed to take a City-owned vehicle home with
them for use in case of emergency call outs. Such vehicles would include all police vehicles,
marked fire vehicles, and specialized utility repair trucks. Such vehicles are not to be used for
personal use except as required in order to take the vehicle to the employee’s home and minimum
personal use en route.
Employees on “on-call duty” may take City vehicles home with the Department Head’s approval,
if the employee lives within the Gilroy General Plan area. Excluded from this need for
Department Head approval or living within the Gilroy General Plan area are the detectives and
current Police Department Communications Supervisor.
Use of Police and Fire vehicles for personal use other than commuting, when required in order to
allow the employee to respond at any time in performance of City business, will be addressed by
separate policy.
In some cases, employees would be allowed to take a City-owned vehicle home if that would be
the most economical way to start a trip to a conference or meeting.
3. Some specified employees are permitted to use a City-owned vehicle to commute to and from
their home and their worksite. Such vehicles are expressly not to be used for personal purposes
other than commuting or minimum personal use (such as a stop for a personal errand on the way
between the employee’s home and worksite).
In compliance with regulations of the Internal Revenue Service (“IRS”), use of a City-owned
vehicle by an employee only for commuting and m inimal personal purposes will be reported to the
IRS as a taxable fringe benefit at the current rate per one-way trip for such use or by an amount
determined by actual mileage calculation. In the latter case, the employee must keep an up-to-date
monthly mileage record in his or her vehicle, and the employee’s W-2 form will reflect the actual
mileage of personal use multiplied by the IRS-approved rate per mile. The current one-way trip
rate and IRS mileage allowance figures are available from Human Resources.
In reporting this taxable fringe benefit to the IRS, the City will:
a. Once the method of calculation (per trip or per mile) is agreed upon with an employee, that
method of calculation (per trip or per mile) will be used for that employee for the entire tax
year. In the City of Gilroy, the tax year includes monthly paychecks received December 1
through November 30.
Agenda Item 8.6
Agenda Packet Page 87 of 188
Page 12 of 12
b. The City will not withhold taxes on the vehicle use benefit. The value for the able use will be
included annually in gross income on the employee’s W-2 form, without an increase in
withholding.
Agenda Item 8.6
Agenda Packet Page 88 of 188
8.7. Claim of Rita Castro (The City Administrator Recommends a 'Yes' Vote
Under the Consent Calendar Shall Constitute a Denial of the Claim)
Agenda Item 8.7
Agenda Packet Page 89 of 188
Page 1 of 1
City of Gilroy
STAFF REPORT
Agenda Item Title:Claim of Rita Castro (The City Administrator
Recommends a 'Yes' Vote Under the Consent
Calendar Shall Constitute a Denial of the Claim)
Meeting Date:September 11, 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
September 11, 2023 meeting:
• Claim of Rita Castro
Attachments:
1. Claim of Rita Castro
Agenda Item 8.7
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Agenda Item 8.7
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10.1.Proposed Tentative Map for a three-lot subdivision at 7040 Church
Street, Application No. TM 22-03
1. Disclosure of Ex-Parte Communications
2. Staff Report:
3. Open Public Hearing
4.Close Public Hearing
5. Possible Action:
Staff has analyzed the proposed project and recommends the following:
That the City Council, based on its independent analysis, determines that
the proposed Tentative Map is exempt from further environmental review
and qualifies for the State CEQA Guidelines Class 15 Exemption, Minor
Land Divisions, because the proposed subdivision results in less than
four parcels, is in conformance with the City’s General Plan and Zoning,
seeks no exceptions or variances, and all necessary services and access
to the resulting parcels are available; and
Adopt a resolution to approve the proposed tentative map to divide the
property, known as 7040 Church Street, APN 799-11-068, into three
residential parcels.
Agenda Item 10.1
Agenda Packet Page 96 of 188
Page 1 of 4
City of Gilroy
STAFF REPORT
Agenda Item Title: Proposed Tentative Map for a three-lot subdivision at
7040 Church Street, Application No. TM 22-03
Meeting Date: September 11, 2023
From: Jimmy Forbis, City Administrator
Department: Community Development
Submitted By: Sharon Goei, Community Development Director
Prepared By: Erin Freitas, Planner II
STRATEGIC PLAN GOALS Promote Economic Development Activities
RECOMMENDATION
Staff has analyzed the proposed project and recommends the following:
a) That the City Council, based on its independent analysis, determines that the
proposed Tentative Map is exempt from further environmental review and qualifies
for the State CEQA Guidelines Class 15 Exemption, Minor Land Divisions, because
the proposed subdivision results in less than four parcels, is in conformance with the
City’s General Plan and Zoning, seeks no exceptions or variances, and all
necessary services and access to the resulting parcels are available; and
b) Adopt a resolution to approve the proposed tentative map to divide the property,
known as 7040 Church Street, APN 799-11-068, into three residential parcels.
EXECUTIVE SUMMARY
The applicant, Amanda Musy-Verdel, representing the owner, Andrew Ding, is seeking
approval of a Tentative Map Application, TM 22-03, to subdivide a 0.87-acre lot at 7040
Church Street into three residential lots. Proposed Parcel 1 would be 0.40 acres and
contain the existing single-family home and water tank house. Parcel 2 would be 0.24
acres, currently undeveloped, and provide access from Church Street. Parcel 3 would
be 0.23 acres, currently undeveloped, and would provide access from West 10th Street.
A new sanitary sewer line will be installed along the eastern perimeter of Parcel 2 and
Agenda Item 10.1
Agenda Packet Page 97 of 188
Proposed Tentative Map for a three-lot subdivision at 7040 Church Street, Application No. TM 22-
03
City of Gilroy City Council Page 2 of 4 September 11, 2023
Parcel 3 and will require the demolition of a former greenhouse structure. The proposed
lots will remain zoned R-2, Two-Family Residential (See Attachment 2, Tentative Map).
No new construction is proposed currently. Note the zoning district allows for the
construction of a single-family home or duplex. For future permitting, an Architectural
and Site Review permit would be required for future construction of a multi-family
development, and a building permit would be required for future construction of any
housing. New development proposed on the future lots would be approved by staff
administratively.
BACKGROUND
Site and Surrounding Land Uses: The subject site is a 37,789-square-foot (0.87-acre)
lot on the northeast corner of Church Street and West 10th Street. The site is presently
developed with a single-family home, water tank house, and various accessory
structures. The site is surrounded by a vacant parcel to the north and a mix of single -
family and multi-family homes to the east, west, and south.
Historic Resource Evaluation: The existing single-family home was originally built
approximately in 1870 for Lyttleton A. Whitehurst in the Folk National architectural style.
A 2019 historic resource evaluation completed by Dudek found the property to be
eligible for the National and State Historic Registers as a local historic site for “its
association with Gilroy’s pattern of early residential development in the original city grid”
and “its representation of the Folk National style of architecture.”
Dudek completed an updated evaluation on May 8, 2023 (Attachment 3) to evaluate
contributing and non-contributing historical resources on the property and provide a
formal integrity assessment. This supplemental evaluation established that the main
residence and the tank house are the only contributing resources on the property.
These structures are proposed to remain and will not be altered with the proposed
subdivision. Therefore, the proposed subdivision would not have an y unique impacts on
the existing historic resources.
Environmental Determination: The proposed subdivision is exempt from further
environmental review and qualifies for the State CEQA Guidelines Class 15 Exemption,
Minor Land Divisions, because the proposed subdivision results in less than four
parcels, is in conformance with the City’s General Plan and Zoning, seeks no
exceptions or variances, and all services and access to the resulting parcels are
available.
Planning Commission Recommendation: On August 3, 2023, the Planning
Commission, by unanimous vote, recommended that the City Council approve the
project. The Commission discussed concerns with site visibility and potential tree
removal on the proposed corner lot that would take access from Tenth Street. Public
Works determined that access from Tenth Street would be the best location as it would
provide the greatest distance from the Tenth and Church Street intersection. The final
Agenda Item 10.1
Agenda Packet Page 98 of 188
Proposed Tentative Map for a three-lot subdivision at 7040 Church Street, Application No. TM 22-
03
City of Gilroy City Council Page 3 of 4 September 11, 2023
location for the proposed driveways will be determined during the construction design
phase for future site development.
ANALYSIS
General Plan Consistency: The City’s General Plan designated the subject site as
Low Density Residential (LDR) which allows for 3 to 8 units per acre density and is
implemented by R1 and R2 zoning districts. The 0.87-acre lot maintains a base density
of up to 7 units. The three-lot subdivision will support the intended low-density
development of the site.
Zoning Consistency: The proposed subdivision is compliant with the R2 Two Family
Residential zoning district minimum lot standard of 8,880 square feet. The existing
single-family home on proposed Parcel 1 will be consistent with the required zoning
setbacks. However, the water tank house will continue to maintain an existing
nonconforming rear setback of 2’-6” feet, where at least 3 feet is required for accessory
structures. This rear setback is existing and is not a result of the proposed subdivision.
No new development is being proposed with this application. Future development of
duplex or multi-family units would require an administrative Architectural and Site
Review permit.
Tentative Map Consistency: The subdivision of the property is supported by the R2
zoning district. The subdivision is subject to review pursuant to the State Subdivisi on
Map Act and Gilroy City Code Chapter 21, which regulates the design of subdivisions
and improvements to ensure orderly development is proposed. There are specific
findings that must be made to deny a tentative map, pursuant to Government Code
Section 66474.
Staff has determined that the findings required for denial of the tentative map cannot be
made, and approval of the tentative map would be supported in accordance with city
and state regulations. The required findings and necessary conditions of approval have
been prepared in conformance with the City Code and are included in the City Council
Resolution (Attachment 6).
ALTERNATIVES
The Council may modify or deny the requested application. Staff does not recommend
denial without making findings as required by the Government Code to deny a tentative
map.
Agenda Item 10.1
Agenda Packet Page 99 of 188
Proposed Tentative Map for a three-lot subdivision at 7040 Church Street, Application No. TM 22-
03
City of Gilroy City Council Page 4 of 4 September 11, 2023
FISCAL IMPACT/FUNDING SOURCE
The applicant has paid all planning fees associated with the project. The project will also
require payment of all associated building permit fees and development imp act fees for
citywide improvements as applicable.
PUBLIC OUTREACH
Notices were provided in compliance with code requirements. The plans were routed to
all departments and agencies with jurisdiction or interest over development. At least 10
days prior to the hearing notices were mailed to property owners within 500 feet of the
site, published in the Gilroy Dispatch, and posted on -site. No comments have been
received in response to the noticing. Planning Commission and City Council public
hearing packets are available through the City’s website.
NEXT STEPS
If approved, the applicant would process a final parcel map to subdivide the lot.
Attachments:
1. Vicinity Map
2. Tentative Map
3. DPR Form prepared by Dudek Architectural Historians, May 8, 2023
4. Planning Commission Staff Report, August 3, 2023
5. Planning Commission Resolution
6. Draft City Council Resolution
Agenda Item 10.1
Agenda Packet Page 100 of 188
City of Gilroy
TM 22-03 - 3 lot subdivision
Location Map
Date:Drawn By:4,000 Checked By:1:Sheet:Scale:
Agenda Item 10.1
Agenda Packet Page 101 of 188
CIVIL ENGINEERS LAND SURVEYORS
CONSTRUCTION MANAGERS
HANNA-B UN TTI
EST. 1910
7651 EIGLEBERRY STREET GILROY 95020 CALIFORNIA
OFFICE (408) 842-2173 FAX (408) 842-3662
EMAIL: ENGINEERING @ HANNABRUNETTI.COM
1Tentative Map
7040 Church Street - apn 799-11-068
NOT FOR CONSTRUCTION
PRELIMINARY PLANS
Santa Clara County, California
City of Gilroy
in the
7040 Church Street
for
Tentative Map
apn 799-11-068
Agenda Item 10.1
Agenda Packet Page 102 of 188
CIVIL ENGINEERS LAND SURVEYORS
CONSTRUCTION MANAGERS
HANNA-B UN TTI
EST. 1910
7651 EIGLEBERRY STREET GILROY 95020 CALIFORNIA
OFFICE (408) 842-2173 FAX (408) 842-3662
EMAIL: ENGINEERING @ HANNABRUNETTI.COM
2Existing Conditions
7040 Church Street - apn 799-11-068
NOT FOR CONSTRUCTION
PRELIMINARY PLANS
Agenda Item 10.1
Agenda Packet Page 103 of 188
*Recorded by: Erin Jones, MA *Date: 05/08/2023 Continuation Update
Page 1 of 15 * Resource Name or #: (Assigned by recorder) 7040 Church Street
DPR 523A (9/2013) *Required information
State of California The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI #
PRIMARY RECORD Trinomial
NRHP Status Code 3S
Other Listings
Review Code Reviewer Date
*P1. Other Identifier:
*P2. Location: ☐ Not for Publication Unrestricted
*a. County Santa Clara and (P2c, P2e, and P2b or P2d. Attach a Location Map as
necessary.)
*b. USGS 7.5' Quad Gilroy Date 1955, Photo Revised 1994 T 11S ; R 04E of Sec 06; Mount Diablo B.M.
c. Address 7040 Church Street City Gilroy Zip 95020-6410
d. UTM: (Give more than one for large and/or linear resources) Zone 11N_, 6274013.83 mE/
4095854.84 mN
e. Other Locational Data: (e.g., parcel #, directions to resource, elevation, decimal degrees, etc., as appropriate)
Previous documentation identified the Assessor’s Parcel Number (APN)as 799-110-63, however the legal
parcels associated with the property are (APNs): 799-110-68 and 799-110-69.
*P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting,
and boundaries)
The purpose of this DPR is to provide updated information to clearly outline contributing and non-
contributing resources of this property and provide a formal integrity assessment in order to
supplement the recordation and evaluation prepared in 2019 by Dudek Architectural Historians, Sarah
Corder and Kate Kaiser. For additional property description, see the prior DPR form set
attached(Corder and Kaiser 2019). *See Continuation Sheet
*P3b. Resource Attributes: HP2. Single Family Property; HP4. Ancillary Buildings
*P4. Resources Present: Building Structure Object Site District Element of District Other (Isolates, etc.)
P5b. Description of Photo: (view,
date, accession #) Overview of 7040
Church Street from the
southwest corner of the APN
799-110-68, view facing
northeast. April 14, 2023
(Img_1056).
*P6. Date Constructed/Age and
Source: Historic Prehistoric
Both
1870 (Daily Mercury 1870:p.3)
*P7. Owner and Address: APN:799-110-68; Andrew Ding
7040 Church Street
Gilroy, California 95020 APN:799-110-69; Golden Bridge
Properties LLC
16692 Hollenbeck Ave. Unit 185
Sunnyvale, California 94087
*P8. Recorded by: (Name, affiliation,
and address) Erin Jones, MA
1810 13 Street
Sacramento, California 95811
P9. Date Recorded: April 13, 2023
*P10. Survey Type: Intensive
*P11. Report Citation: (Cite survey
report and other sources or enter "none.") Corder, S., and Kaiser, K. 2019. DPR 523 Form Set for 7040 Church
Street, Gilroy, California. Prepared for the City of Gilroy Historic Context Statement and
Historic Resources Inventory Update. Gilroy, California: Dudek. 2019.
*Attachments: NONE Location Map Continuation Sheet Building, Structure, and Object Record Archaeological
Record District Record Linear Feature Record Milling Station Record Rock Art Record Artifact Record Photograph
Record Other (List):
Agenda Item 10.1
Agenda Packet Page 104 of 188
*Resource Name or # (Assigned by recorder) 7040 Church Street *NRHP Status Code 3S_
Page 2 of 15
DPR 523A (9/2013) *Required information
State of California The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI#
BUILDING, STRUCTURE, AND OBJECT RECORD
B1. Historic Name: Whitehurst Residence
B2. Common Name:
B3. Original Use: Single-family residence B4. Present Use: Single-family residence
*B5. Architectural Style: Folk National
*B6. Construction History: (Construction date, alterations, and date of alterations) Initial development of 7040
Church Street included the Main Residence and the Tank house completed circa 1870 (Daily Mercury
1870: p.3; Bamburg 1986: p 1; Sanborn Map Company 1906).*See Continuation Sheet
*B7. Moved? No Yes Unknown Date: N/A Original Location: N/A
*B8. Related Features: N/A
B9a. Architect: Unknown b. Builder: Unknown
*B10. Significance: Theme Residential Development Area Gilroy
Period of Significance 1870-1904 Property Type Single family Residence
Applicable Criteria NRHP/CRHR Criterion A/1 and C/3, as well as local Criterion 1/3
(Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope.
Also address integrity.)
Dudek agrees with the significance findings of the 2019 evaluation prepared by Sarah Corder and Kate
Kaiser that recommends that the property be found eligible for the CR as an individual property
through survey evaluation (3CS), for the NRHP as an individual property through survey evaluation
(3S), and as an individual property to be listed or designated locally. Per the California Office
of Historic Preservation preference for assigning the highest applicable California Historical
Resources status code, the appropriate status code is limited to 3S. Corder and Kaiser made these
recommendations after determining that the property appears eligible under NRHP/CRHR Criterion A/1
“…for its association with Gilroy's pattern of early residential development in the original city
grid…(Corder and Kaiser 2019: p.2)” and C/3 “…for its representation of the Folk National style of
architecture (Corder and Kaiser 2019: p.3).” They also concluded that the property appears eligible
under local criteria 1 and 3 as a historic site. Prior recordation defined the period of significance
for the property as 1870 to 1948. However, new research conducted as part of this update suggests
that the period of significance for the property should be limited to 1870-1904. This revised period
begins in 1870 when L.A. Whitehurst purchased and developed the property and ends in 1904 with the
close of the Initial Development period for the City as outlined in the 2020 City of Gilroy Historic
Context Statement and Historic Resources Inventory Update (p.30). Prior recordation also did not
include a formal integrity assessment of the property, which has been added as part of this update.
As a result of the integrity assessment prepared in this update, Dudek believes that two features
of the property, the Main Residence (1870) and the Tank House (1870, have maintained sufficient
integrity to represent the 1870-1904 period of significance (Corder and Kaiser 2019: p.3; Murray et
al. 2020: p.30-36). * See Continuation Sheet
B11. Additional Resource Attributes: (List attributes and codes) None.
*B12. References: * See Continuation Sheet
B13. Remarks:
*B14. Evaluator: Erin Jones, MA, Fallin Steffen, MPS, Dudek
*Date of Evaluation: April 27, 2023
(This space is reserved for official comments.)
(Please see page 15 for an enlarged sketch map).
Agenda Item 10.1
Agenda Packet Page 105 of 188
Page 3 of 15 *Resource Name or # (Assigned by recorder) _7040 Church Street__________________
*Map Name: _Gilroy, California *Scale: 1:24,000_______ *Date of map: __1955 (1994 ed.)_______________
DPR 523J (9/2013) *Required information
State of California Natural Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI#
LOCATION MAP Trinomial
Agenda Item 10.1
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*P3a. Description (Continued):
Additional Building/Structure Descriptions
The following descriptions provide additional information on historic-era buildings and structures
on the property not fully addressed in the 1986 or 2019 recordation efforts.
Tank House (Circa 1870)
The Tank House was first recorded on the 1906 Gilroy Sanborn Fire Insurance map (Sanborn Map),
however the building likely dates to the earliest development of the property circa 1870. The wood
framed, three story building has a rectangular footprint and horizontal wood cladding. A second-
story door topped with a fixed transom light indicates that an exterior stairway, likely located on
the west and north elevations, originally accessed the room. Fenestration includes original, fixed,
wood framed, four-by-four and two-over-one windows on the north elevation. Fenestration on the south
elevation includes symmetrical, three-over-four, second-story windows. A wood framed gazebo, which
comprises the building’s third floor, tops the Tank House. This area would have originally contained
the round water tank, however this element is no longer extant (Photographs 1, 4, and 5)(Sanborn
Map Company 1906).
Photograph 1. The west and south elevations (left) of the Tank House, view looking northeast,
and north elevation (right), view looking south (IMG_1087 and IMG_1097).
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Former Greenhouse (Circa 1906)
This building was labeled as a “Greenhouse” in the 1906, 1926, and the 1926-1943* Sanborn map
editions. It is unclear when the building transitioned from its original use as a greenhouse, but
it appears that, by the early-to-mid-20th century, the building became a detached bathroom
(Photograph 2).
The one-story building has a front gable roof with wide overhanging eaves, wood fascia boards, and
enclosed rafter tails. The building is fenestrated on the north elevation with a single-entry door
with a nine lite, three-over-three, glazed window with original wood muntins. The lower half of the
door has twin panels. The exterior of the building is clad in wood, tongue-in-groove shiplap while
the roof has been reclad in rolled asphalt. The building’s interior features complimentary cladding
as well as a raised, closed cistern toilet.
Photograph 2. The Former Greenhouse building that was remodeled into a bathroom in the early-
to-mid 20th century, view looking southeast (IMG_1082 and IMG_1140).
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Hardscaping and Landscaping Features
The property features a variety of hardscaping and landscaping features. Hardscaping includes a
Walkway, constructed with concrete paving stones. The cross-shaped Walkway connects the property’s
front entrance gate (west, fronting Church Street) to the west (main) elevation of the Main Residence,
and also branches towards the gravel driveway to the north, and gate through the Interior Fence
directly south of the residence(Photograph 3).
Photograph 3. The property’s hardscaping (left) and trees (right), both views looking south
towards West 10th street (IMG_1142 and IMG_1148).
*B6. Construction History Continued: (Construction date, alterations, and date of alterations)
• Addition to rear (east) elevation (Corder and Kaiser 2019: p. 3)
• Addition of garage on the north elevation (Corder and Kaiser 2019: p. 3)
• Addition on north elevation (Corder and Kaiser 2019: p. 3)
• Addition on south elevation (JRP 2022: p. 10)
• 2020: Removal of the unattached Garage APN 799-110-68 and APN 799-110-69
• 2020: Removal of an original outbuilding, labeled a shed on the 1906 and 1926 Sanborn Maps,
located on APN 799-110-68
• 2020: Removal of a portable building from APN 799-110-68
• 2020: Removal of an outbuilding from APN 799-110-68
• 2020: Removal of a water tank from APN 799-110-68
• 2020: Removal of a second garage from APN 799-110-68
• 2020: Removal of a water fountain/cistern from APN 799-110-68
• 2019: Removal of an outdoor bar from APN 799-110-68
• 2020: Removal of six auxiliary structures from APN 799-110-69
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• Addition to the north side of the Tank House
• Removal of Tank House stairway from west and north elevations
• Removal of tank from the Tank House and addition of seating area
• Potential redevelopment of the Former Green House to a bathroom
2020: Replacement of metal gate on south fence that abuts West 10th Street
• Windows on north, west (rear), and south elevations replaced (Bamburg 1986: p. 1)
*B10. Significance (Continued):
Summary of Prior Recordation Efforts
In addition to Corder and Kaiser’s 2019 recordation, the Main Residence was recorded by the Firm of
Bonnie L. Bamburg in April 1986. Bamburg identified the Main Residence as a farmhouse, however
research conducted as part of this augment uncovered no indication that the property functioned as
a farm. Bamburg also identified the Main Residence as a representation of the Greek Revival
architectural style but failed to identify character defining features emblematic of the style.
Corder and Kaiser corrected the identified style to Folk National and documented the residence’s
character defining features. Additionally, although Bamburg identified two related resources in the
1986 documentation, the Tank house with a gazebo top and mature trees, the effort failed to identify
the property’s ancillary buildings and structures as contributing or non-contributing resources of
the property (Bamburg 1986: pp. 1-3; Corder and Kaiser 2019: p. 3).
Expanded Historic Context for 7040 Church Street
This context provides additional information about the ancillary buildings and structures present
on the Whitehurst property. For a complete discussion of the residential development theme related
to 7040 Church Street, please refer to the City of Gilroy Historic Context Statement and Historic
Resources Inventory Update (Murray et al. 2020: pp. 10,30,134).
Corder and Kaiser’s 2019 DPR Form (attached) discusses Whitehurst and his contribution to Gilroy in
the late 19th and early 20th centuries stating the following (Corder and Kaiser 2019: pp. 3-4):
Archival research indicated that the property was original[ly] built for Lyttleton
[Littleton] Albert Whitehurst (1834-1907), co-owner of the Whitehurst & Hodges
lumber mill and prominent Gilroy citizen. Whitehurst arrived in Gilroy in 1870 with
business partner Hodges and they purchased a lumber mill from William Hanna. The
lumber mill operated as a major Gilroy business for over 50 years. L.A. Whitehurst
also became a local politician, first elected to City Council in 1876, city
treasurer twice in 1884 and again in 1888 and 1890, was mayor of Gilroy from 1892
to 1894, then elected to several terms in the California State Assembly, and State
Senate. Whitehurst's business and political career were instrumental in the
development of Gilroy, however his home life and local residence had little bearing
on his lumber business or political career, which had him living outside of Gilroy
while State Assemblyman and Senator.
Previous recordation suggested that the Whitehurst property was a farmstead, however, new research
conducted for this augment revealed no indication that the Whitehurst family was engaged in
commercial farming on the property during the period of significance. L.A. Whitehurst was known for
his entrepreneurial, banking, and political endeavors, and no contemporaneous biographies reference
farming or agricultural products related to L.A. Whitehurst. References to the “Whitehurst Farmstead”
and the “Whitehurst Farmhouse” have been adjusted to “Whitehurst property” and “Main Residence”
accordingly throughout this augment(Munro-Fraser 1881: p. 635; Sawyer 1922: p.934; San Jose Mercury
1907: p.9).
At the time of this update, several mature olive trees are present on the property. Based on new
information gathered as part of this update, there is no indication that the olive trees were planted
during the period of significance, nor are they emblematic of an early agricultural use of the
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property. In 1881, a compiled history of Santa Clara County recorded no mention of olives as a
conventional agricultural product within the County or the City of Gilroy. In Gilroy, the common
products were limited to “…apples, pears, peaches, plums, berries, and grapes, average[ing] about
three hundred and fifty tons a year, a portion of which is dried (Munro-Fraser 1881: p. 272).” By
1922, olives were being cultivated in the County, however at a dramatically lower proportion (250-
acres) in comparison with other more popular fruit products like prunes (80,000-acres), plums
(11,500-acres), grapes (10,000-acres), and peaches (5,000-acres). Despite the cultivation of olives
elsewhere in the County, there is no record of commercial olive production in Gilroy in 1922. As
there is no indication that the Whitehurst property functioned as a farm or was used for commercial
agriculture, the landscape elements present on the property do not appear to contribute to the
property’s historic significance (Munro-Fraser 1881: pp. 272, 635; Sawyer 1922: pp.140,293).
Architectural Style: Folk National (1860-1920)
The Main Residence is an example of the Folk National architectural style, which is one of the
residential architectural styles associated with the Initial Development Period (1868-1904) in the
City. The City of Gilroy Historic Context Statement and Historic Resources Inventory Update indicates
that modest residences completed between 1868-1904 were developed “…largely following the stylistic
traditions of Folk National, Folk Victorian, and Queen Anne, incorporating basic floor plans such
as Hall and Parlor, no more than 2-stories in height, and minimal ornamentation (Murray et al. 2020:
p.133).” The context provides the following list of characteristics that are typically associated
with the Folk National architectural style (Murray et al. 2020: p. 92):
o Modestly sized, 1-2 stories in height
o Uses a standard Folk plan and roof plan: gable front; gable front-and-wing; hall and parlor
(side gabled, 1 room deep); I-House (side gabled 2 story, 1 room deep, usually with rear
addition); pyramidal; or massed plan side gable (more than 1 room deep)
o Predominantly wood cladding
o Overly simple exterior ornamentation, if at all: can be Greek revival inspired (molded
cornice, eave returns); Victorian/Queen Anne (gable pendants, spindle work porch components);
or Colonial revival (bilateral symmetry; pediments) especially for Pyramidal forms
o Non-integral porches: stoop, portico, partial width, full width, wraparound, or 2-story; will
usually be shed or hip roofed
o Usually with simple or turned wood posts and wood railing balustrade.
o May have wood bracket detailing
o Windows are typically 1-over-1, 2-over-2, 4-over-4, 6-over-6, or multi-light-over-single
light single-hung or double hung, wood sash windows and are usually placed individually on
the elevation, not grouped or paired.
Building Typology: Tank House
The Tank House on the Whitehurst property appears to have been developed alongside the Main Residence
as early as 1870 (Photograph 4 and Photograph 5) and is an example of a straight-box overhang tank
house with an open platform (Pitman 1976: pp.86-87).
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Property Name: _7040 Church Street __ ______________________________________________________
Page 9 of 15
Photograph 4. 1906 Sanborn Maps depicting the Tank House outlined in red (Sanborn Map Company
1906).
The tank house is a common ancillary building found on properties throughout rural areas of
California. The primary function of a tank house is consistent with that of any elevated water
storage tank designed to provide a domestic water supply, however a tank house is distinctive for
the walled enclosure of the tower and the full or partial enclosure of the tank. Author Leon S.
Pitman suggested that(Pitman 1976: p.84):
From the 1870s to the 1930s California farmers enclosed the tower and tank to form
the more useful tankhouse. The enclosed tower, or tank house, became a conspicuous
element on nearly every farmstead, standing tall and narrow, usually by itself with
a windmill attached to one side. The tank house is two or three stories tall with
the tank on the top floor, and rooms be low for storage, bedrooms, or whatever.
Tank houses varied in shape and composition throughout California, however the remaining examples
are generally representative of one of six basic types: a. Straight Box, b. Inset-top, c. Full
tapered, d. Tapered Tower, e. Straight-box overhang, and f. Tapered tower overhang (Photograph 5).
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Photograph 5. Illustration from Domestic Tankhouses of Rural California by Leon S. Pitman
showing six different tank house types as defined by the shape of the tower and tank room
(Pitman 1976: p.86).
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Page 11 of 15
Summary of Significance
Dudek agrees with the significance findings of the 2019 evaluation prepared by Sarah Corder and Kate
Kaiser that recommends that the property be found eligible for the CRHR as an individual property
through survey evaluation (3CS), for the NRHP as an individual property through survey evaluation
(3S), and as an individual property to be listed or designated locally. Per the California Office
of Historic Preservation preference for assigning the highest applicable California Historical
Resources status code, the appropriate status code would be 3S. The property appears eligible under
NRHP/CRHR Criterion A/1 “…for its association with Gilroy's pattern of early residential development
in the original city grid… (Corder and Kaiser 2019: p.2)” and C/3 “…for its representation of the
Folk National style of architecture (Corder and Kaiser 2019: p.3).” In addition to the Main Residence,
the Tank House contributes to the overall theme of early residential development in Gilroy between
1870-1904 (Corder and Kaiser 2019: p.3).
Period of Significance
The period of significance for the property is 1870-1904. The period begins in 1870 when L.A.
Whitehurst purchased and developed the property and ends in 1904 with the close of the Initial
Residential Development period defined in the City of Gilroy Historic Context Statement and Historic
Resources Inventory Update (Murray et al. 2020: pp. 30,134).
Historic Property Boundary
Historically, the legal parcel boundary for the Whitehurst property also encompassed the adjoining
properties located at 7090 Church Street (APN 799-11-062), 7050 Church Street (APN 799-11-049), 7060
Church Street (APN 799-11-050). In 1910, Logan Whitehurst, L.A. Whitehurst’s son, developed APN 799-
11-062 with a residence and, by c. 1987, APN 799-11-049 and APN 799-11-050 were developed with
single-family residences (Parcel Quest 2023a, 2023b, 2023c).
Apart from their original owner, the legally separate properties no longer appear to have a
relationship. APN 799-110-68 and APN 799-110-69 contain all contributing buildings consistent with
the historic function of the Whitehurst property. Therefore, although the property boundary for the
Whitehurst property historically encompassed APN 799-11-062, APN 799-11-049, and APN 799-11-050,
the historic property boundary is limited to the footprints of the residence and the tank house, as
well as the intervening geographic area between these two buildings. (Please refer to the Sketch
Map on Page 15).
Contributing Resources
These following are contributing resources:
o Main Residence(c.1870)
o Tank House (c.1870)
Non-Contributing Resources
The following list of resources present on the property were constructed outside the property’s
period of significance (1870-1904)and are therefore considered non-contributing resources:
o Former Greenhouse (c.1906)
o Walkway (c.1920)
o Olive Trees (c.1920)
o Dry Water Feature(c.1945)
o Interior Fence (c.1995)
o Boundary Fence (c.1995)
o Adjacent setting
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Page 12 of 15
Character Defining Features
The 2019 record defined the character-defining features of the Main Residence as (Corder and Kaiser
201p: p. 3):
Main Residence:
o Modest Size
o Wood cladding
o Simplistic form
o Lack of exterior ornamentation
o Simple, hipped roof
o Full front projecting porches
o Windows are placed individually on elevations, not grouped, or paired.
Additional Character Defining Features
The following character-defining features were not identified in previous recordation of the property
and were identified during the course of research for this update.
Main Residence:
o U-shaped plan
o Combination cross-gabled and hipped roof
o Horizontal shiplap siding
o Spatial relationship to the Tank House
Tank House:
o Three stories
o Square Plan
o Original, wood-framed windows
o Horizontal wood siding
o Second-story entrance
o Spatial relationship to the Main Residence
Integrity Assessment
A historical resource is considered significant, and hence, eligible for listing if it is associated
with an important historic context and it retains the integrity of those characteristics necessary
to convey its significance (OHP 1995, p. 9-10). Previous documentation efforts failed to include
a formal integrity assessment of the property. As such, a discussion of the integrity of the
subject property is included below.
Location: The Main Residence and the Tank House are sited on their original locations of
construction in their original orientation, and therefore retain integrity of location.
Design: The Main Residence and the Tank House retain integrity of design. Their alterations
overtime did not affect the character defining features of either building and many of their
original features have been retained, including their orientation and spatial relationship to one
another. The maintained relationship between the Main Residence and the Tank House has allowed the
property to retain its visual cohesion and arrangement, including circulation patterns and much
of its original construction materials. Therefore, the Main Residence and the Tank House retain
integrity of design.
Setting: The Main Residence and the Tank House display diminished integrity of setting. The
property was developed during the Initial Development period of Gilroy, and over time, the setting
has been impacted by increased commercial and residential development in the surrounding area,
causing a shift from the predominately rural/agricultural setting the property was first
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Page 13 of 15
established in. Much of this development took place between 1870-1904 during the identified period
of significance for the property. However, subsequent development outside the period of
significance was of a higher density and included subdevelopment of the original Whitehouse
property. Therefore, the Main Residence and the Tank House display diminished integrity of setting.
Materials: The Main Residence and the Tank House retain integrity of materials. The buildings
retain much of their original materials. The key exterior materials dating from the period of its
historic significance, between 1870 and 1904 are retained. Therefore, the Main Residence and the
Tank House retain integrity of materials.
Workmanship: Buildings that retain integrity of workmanship retain the evidence of the builder
that constructed the building and the methods of construction and original finishes. The physical
evidence of the craftsmanship required to create the Main Residence and the Tank House is retained,
as well as the character defining features inherent to each building. Therefore, the Main Residence
and the Tank House retain integrity of workmanship.
Feeling: The Main Residence and the Tank House retain integrity of feeling. Because the property
retains integrity of location, design, materials, and workmanship, it continues to convey a sense
of a particular period and style. Despite alterations to the property overtime, the Main Residence
and the Tank House convey a strong sense of the property during its period of significance.
Therefore, the Main Residence and the Tank House retain integrity of feeling.
Association: The Main Residence and the Tank House retain integrity of association because they
maintain a strong physical association with the development patterns typical of late 19th and
early 20th century residential properties in Gilroy. They also retain a sufficient amount of their
integrity of materials, workmanship, and design to convey the Folk National Style of architecture.
Therefore, the Main Residence and the Tank House retain their integrity of association.
*B12. References (Continued):
Bamburg. 1986. Department of Parks and Rec Historic Resources Inventory Form for 7040 Church
Street, Gilroy, Ca. Prepared for the City of Gilroy. San Jose, California: The Firm of
Bonnie L. Bamburg, 1986.
Corder, S, and Kaiser, K. 2019. DPR 523 Form Set for 7040 Church Street, Gilroy, Ca. Prepared
for the City of Gilroy Historic Context Statement and Historic Resources Inventory
Update. Santa Cruz, California: Dudek 2019.
Daily Mercury. 1870. “Real Estate Transactions.” San Jose Daily Mercury (San Jose, California).
April 1, 1870: p.3.
Google Earth. 2023. Aerial View of 7040 Church Street, Gilroy, Ca. Accessed May 1, 2023.
https://earth.google.com/
JRP. 2022. Historic Resource Evaluation and Assessment for Tentative Parcel Map Application TM
22-03 (22050035) at 7040 Church Street, Gilroy, Santa Clara County, California. Prepared
for Amanda Musy-Verdel, Registered Professional Civil Engineer and Kevin Ding, Owner.
Davis, California: JRP 2022.
Munro-Fraser, J.P. 1881. History of Santa Clara County, California. Alley, Bowen, & Co.(San
Francisco, California). Accessed June 6, 2023 via Internet Archive:
https://archive.org/details/historyofsantacl00munr/mode/2up
Murray, S, Corder, S, Kaiser, K, Steffen, F, Frank, N and Brewer, S. 2020. City of Gilroy
Historic Context Statement and Historic Resources Inventory Update. Prepared for the City
of Gilroy. Santa Cruz, California: Dudek 2020.
Agenda Item 10.1
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DEPARTMENT OF PARKS AND RECREATION HRI #
Trinomial
CONTINUATION SHEET
Property Name: _7040 Church Street __ ______________________________________________________
Page 14 of 15
OHP (Office of Historic Preservation). 1995. Instructions For Recording Historical Resources.
Prepared March 1995. Accessed May 1, 2023. https://ohp.parks.ca.gov/pages/1054/files
/manual95.pdf
Parcel Quest 2023a. "Parcel Information for APN APN-11-049." Accessed May 9, 2023.
https://pqweb.parcelquest.com/
Parcel Quest 2023b. "Parcel Information for APN APN-11-050." Accessed May 9, 2023.
https://pqweb.parcelquest.com/
Parcel Quest 2023c. "Parcel Information for APN APN-11-062." Accessed May 9, 2023.
https://pqweb.parcelquest.com/
Pitman, L.S. 1976. “Domestic Tankhouses of Rural California” in Pioneer America, Vol. 8, No. 2
(JULY 1976), pp. 84-97.
Sanborn Map Company. 1906. Sanborn Fire Insurance Map from Gilroy, Santa Clara County,
California. Accessed May 1, 2023. https://www.loc.gov/item/sanborn00566_003/
Sanborn Map Company. 1926. Sanborn Fire Insurance Map from Gilroy, Santa Clara County,
California. Accessed May 1, 2023. https://www.sjpl.org/eresource/digital-sanborn-maps
https://www.loc.gov/item/sanborn00566_003/
San Jose Mercury. 1907. “L.A. Whitehurst of Gilroy, Politician and Banker, Passes Away.” San
Jose Mercury (San Jose, California). May 15, 1907: p.9.
Sawyer, E.T. 1922. History of Santa Clara County, California. Historic Record Co.(Los Angeles,
California). Accessed June 6, 2023 via Internet Archive:
https://archive.org/details/historyofsantacl00sawy/mode/2up
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Page 15 of 15 *Resource Name or # (Assigned by recorder) __7040 Church Street______________
DPR 523K (9/2013)
State of California - The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI#
SKETCH MAP Trinomial
*Drawn by: Olana Chow, Dudek *Date of map: _June 2023_____________
Agenda Item 10.1
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Community Development
Department
7351 Rosanna Street, Gilroy, CA 95020-6197
Telephone: (408) 846-0451 | Fax: (408) 846-0429
cityofgilroy.org |planningdivision@cityofgilroy.org
Sharon Goei
DIRECTOR
DATE: August 3, 2023
TO: Planning Commission
FROM: Erin Freitas, Planner II
SUBJECT: Proposed Tentative Map for a three-lot subdivision Located at 7040
Church Street, Application No. TM 22-03.
RECOMMENDATION:
Staff has analyzed the proposed project and recommends that the Planning
Commission:
a) Recommend that the City Council, based on its independent analysis, determine
that the proposed Tentative Map is exempt from further environmental review
and qualifies for the State CEQA Guidelines Class 15 Exemption, Minor Land
Divisions, because the proposed subdivision results in less than four parcels, is
in conformance with the City’s General Plan and Zoning, seeks no exceptions or
variances, and all necessary services and access to the resulting parcels are
available; and
b) Adopt a resolution recommending that the City Council approve the proposed
tentative map to divide the property known as 7040 Church Street, APN 799-11-
068 into three residential parcels.
PROJECT DESCRIPTION:
The applicant, Amanda Musy-Verdel representing the owner Andrew Ding, is seeking
approval of a Tentative Map Application, TM 22-03, to subdivide a 0.87-acre lot at 7040
Church Street into three residential lots. Proposed Parcel 1 would be 0.40 acres and
contain the existing single-family home and water tank house. Parcel 2 would be 0.24
acres, currently undeveloped, and provide access from Church Street. Parcel 3 would
be 0.23 acres, currently undeveloped and would provide access from West 10th Street.
A new sanitary sewer line will be installed along the eastern perimeter of Parcel 2 and
Parcel 3 and will require the demolition of a former greenhouse structure. The proposed
lots will remain zoned R-2, Two-Family Residential.
No new construction is proposed at this time. An Architectural and Site Review permit
would be required for future construction of a duplex, or a building permit application for
future construction of a single-family home on the new lots. New development would be
approved administratively.
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2
1
2
3
5
BACKGROUND:
Subject Property and Surrounding Land Uses:
The subject site is a 37,789 square foot (0.87-acre) lot on the northeast corner of
Church Street and West 10th Street. The site is presently developed with a single-family
home, water tank house, and various accessory structures.
The site and surrounding land uses are summarized as follows:
LOCATION EXISTING LAND USE GENERAL PLAN ZONING
Project Site Single Family
Residential Low Density Residential R-2
North Vacant Low Density Residential R-2
South Multi-Family Residential Medium Density
Residential R-3
East Single and Multi-Family
Residential Downtown Specific Plan Transitional District
West Single and Multi-Family
Residential Low Density Residential R-2
Background Information:
On May 18, 2022, the applicant submitted an application for a Tentative Map to
subdivide the 0.87-acre site into three residential parcels in the R2, Two Family
Residential zoning district. The application was deemed complete on June 12, 2023
after completion of a historic resource evaluation. No development plans are provided at
this time for Parcels 2 and 3; however, a single-family home or duplex would be allowed
on each resulting lot.
Historic Resource Evaluation:
The existing single-family home was originally built approximately in 1870 in the Folk
National architectural style for a prominent Gilroy businessman, mayor, California State
Assembly member, and State Senator, Lyttleton A. Whitehurst. A historic resource
evaluation was completed in 2019 by Dudek and documented in a California
Department of Parks and Recreation (DPR) form, which found the property to be eligible
for the National and State Historic Registers as a local historic site for “its association
with Gilroy’s pattern of early residential development in the original city grid” and “its
representation of the Folk National style of architecture.”
An updated DPR form was completed by Dudek on May 8, 2023, to include an
evaluation on contributing and non-contributing resources of the property and provide a
formal integrity assessment. The 2023 supplemental evaluation concluded the main
residence and the tank house are the only contributing resources on the property.
These structures are proposed to remain and would not be altered with the proposed
subdivision. Therefore, the proposed subdivision would not have any unique impacts on
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the existing historic resources.
Environmental Assessment:
The proposed subdivision is categorically exempt from further environmental review and
qualifies for Section 15315 of the California Environmental Quality Act (CEQA)
Guidelines Class 15, Minor Land Divisions, because the proposed subdivision results in
four or fewer parcels, is in conformance with the General Plan and zoning, no variances
or exceptions are required, all services and access to the proposed parcels to local
standards are available, the parcel was not involved in a division of a larger parcel
within the previous 2 years, and the parcel does not have an average slope greater than
20 percent.
The City has further considered whether the project is subject to any of the exceptions
to the use of a categorical exemption found at CEQA Guidelines Section 15300.2. This
section prohibits the use of categorical exemptions under the following circumstances:
a) For certain classes of projects (Class 3, 4, 5, 6, and 11) due to location;
b) When the cumulative impact of successive projects of the same type in the same
place, over time, is significant;
c) Where there is a reasonable possibility that the activity will have a significant
effect on the environment due to unusual circumstances;
d) Where the project may result in damage to scenic resources, including but not
limited to, trees, historic buildings, rock outcroppings, or similar resources, within
a highway officially designated as a state scenic highway;
e) Where the project is located on a state designated hazardous waste site; and
f) Where the project may cause a substantial adverse change in the significance of
a historical resource.
The location exception (a) is applicable to Class 3, 4, 5, 6, and 11 categorical
exemptions where “a project that is ordinarily insignificant in its impact on the
environment may in a particularly sensitive environment be significant” where the
project may impact an “environmental resource of hazardous or critical concern.” This
exception is not applicable to the Class 15 categorical exemption that is being used for
the project. However, it is noted that neither the City’s 2040 General Plan nor any state
or federal regulatory document has precisely mapped and officially designated the site
as an environmental resource.
There is no evidence of a potential significant cumulative impact (b). Successive
projects of the same type in the same place have not been approved and are not
proposed beyond development of a duplex or two single-family homes on each lot. This
type and density of development was anticipated within the site General Plan low
density residential land use designation and would be considered in-fill in nature.
The project would not result in any significant effects on the environment due to unusual
circumstances (c). The site is located within an area designated for residential
development, and single-family residential subdivisions are located adjacent to the site.
The immediate area has similar General Plan and zoning designations as the project
property. There are no “unusual circumstances” that differentiates the project or site
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from the general class of similarly situated projects and properties. For example, other
parcels in the surrounding area have been or could be subdivided and developed with
single-family homes. Furthermore, the size and density of the project do not represent
unusual features or circumstances, as other single-family lots and development within
the vicinity and throughout the City have similar densities and size. The project site
possesses no unusual features or environmental characteristics that distinguish it from
other properties of similar size in the vicinity. The project site is located within an urban
area, surrounded by development, and sensitive resources are not present.
The project will not result in damage to scenic resources or scenic resources within a
scenic highway (d) as the site is not located adjacent to a highway.
The site is not a designated hazardous waste site (e) and is not a state-designated
hazardous waste site based on review of state databases compiled pursuant to Section
65962.5 of the California Government Code. Thus, the project does not meet the
exception (e) related to location on hazardous waste sites.
The project will not cause a substantial adverse change in the significance of a historical
resource (f). The existing residence and one appurtenant structure were found to be a
historic resource under the definitions in CEQA. These structures will remain and no
alterations are proposed. The project would result in demolition of a structure
referenced as a “greenhouse” in order to install a new sanitary sewer line. However,
additional research and the historic resources review conducted in an updated
California Department of Parks and Recreation (DPR) form did not find this structure to
be a historical resource or a contributing feature to the existing residence. The updated
DPR also indicates the setting is non-contributory. Future development would not result
in a significant impact to the identified historical resource because none of the
character-defining features of the residence or the tank house would be materially
impaired. Thus, the project, including future construction of new residential structures
would not result in a substantial adverse change to the significance of a historic
resource.
The reasons stated above support that the Categorical Exemption pursuant to CEQA
Guidelines Section 15315 is applicable. No further assessment is necessary for this
proposal and, though it is not mandated, a Notice of Exemption will be filed for the
project.
DISCUSSION AND ANALYSIS:
General Plan Consistency: The City’s General Plan designated the subject site as
Low Density Residential (LDR) which allows for 3 to 8 units per acre density and is
implemented by R1 and R2 zoning districts. The 0.87-acre lot maintains a base density
of up to 7 units. The three-lot subdivision will support intended low-density development
of the site. The proposed subdivision is also consistent with the following applicable
General Plan policies:
LU 3.5 – Neighborhood Infill: Encourage infill developments that enhance
neighborhood quality and respond to community input in the planning and design of infill
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projects or non-residential, neighborhood-serving uses.
The proposed subdivision will create infill development on an underutilized property and
will enhance the neighborhood quality by replacing the sidewalks, curb ramps, providing
new street trees, and reducing blight.
LU 8.11 Historic Preservation and Restoration: Encourage restorative maintenance
to deteriorated buildings, particularly in Downtown and restrict the demolition of
historically and/or architecturally significant buildings to accommodate new
development. Encourage adaptive re-use of historic structures to maintain their historic
character while supporting economic development.
The proposed subdivision will not demolish any historic resources on the existing
property and will continue to preserve the existing historic single-family residence and
water tank house.
Zoning Consistency: The proposed subdivision is compliant with the R2 Two Family
Residential zoning district minimum lot standards of 8,880 square feet. The existing
single-family home on proposed Parcel 1 will be consistent with the required zoning
setbacks. However, the water tank house will continue to maintain an existing
nonconforming rear setback of 2’-6” feet where at least 3 feet is required for accessory
structures. This rear setback is existing and is not a result of the proposed subdivision.
No new development is being proposed with this application. The lots may be
developed with single-family or duplex units, as anticipated by the general plan and
consistent with the R2 zone. Administrative-level Architectural and Site Review would
be required for development of the new lots with multi-family (duplex) units.
Tentative Map Analysis: The subdivision is subject to review pursuant to the State
Subdivision Map Act and Gilroy City Code Chapter 21 which regulates the design of
subdivisions and improvements to ensure orderly development is proposed. There are
specific findings that must be made to deny a tentative map, pursuant to Government
Code Section 66474. Staff has determined that findings required for denial of the
tentative map cannot be made, and approval of the tentative map would be supported in
accordance with city and state regulations, as follows:
1. The proposed subdivision TM 22-03 is consistent with the intent of the goals and
policies of the City's General Plan, the residential density, and residential uses
anticipated for the property under the General Plan Low Density Residential land
use designation.
2. The design or improvement of the proposed subdivision TM 22-03 is consistent
with the general plan given that the parcel split does not involve any changes to
existing land uses, and the lot size, shape and location complies with the 2040
General Plan Low Density Residential land use designation.
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3. The site is physically suitable for the type of development given that the property
is already developed with a residential use in compliance with all codes and
standards, does not have unique physical constraints, the size and geometry of
the property comply with all applicable codes and ordinances, and there are no
exceptions requested or proposed to the City zoning or subdivision development
standards.
4. The site is physically suitable for the proposed density of development, given that
the resulting lots would accommodate the existing single family home and water
tank building, a single-family home or duplex on each of the remaining lots,
required street frontage, site access and parking for the sites after subdivision,
consistent with the City Municipal Code and the 2040 General Plan Low Density
Residential land use designation.
5. The design of the proposed subdivision TM 22-03 and proposed improvements
will not cause substantial environmental damage or injure fish or wildlife or their
habitat because the site is located within a developed urban context and is not in
or adjacent to any sensitive habitat areas.
6. The design of the proposed subdivision TM 22-03 will not cause serious public
health problems because the site is located within an urban context and has
access to urban services including sewer and water.
7. The design of the proposed subdivision TM 22-03 will not conflict with access
easements because there are no known existing access easements
encumbering this property.
Based on this analysis, staff recommends approval of the tentative map application for
the property.
Technical Advisory Committee (TAC): Project plans were routed to Engineering,
Building, Police, and Fire representatives for internal review and comment. The TAC
has considered the project and the recommendations of the TAC members have been
incorporated into the project plans and are included as recommended conditions in
attached resolution.
Gilroy Unified School District (GUSD): Project plans were routed to the GUSD for
review and comments. GUSD representatives did not have comments on the proposed
project but noted the development falls within the following school boundaries: Glen
View Elementary School, Solorsano Middle School, and Gilroy High School.
PUBLIC NOTICING:
Property owner information (i.e., list, labels, and map) within 500 feet of the subject site
was generated by the City of Gilroy using current ownership data. On July 13, 2023,
notices of this Planning Commission meeting were mailed to the property owners along
within other interested parties. In addition, the property has been posted with on-site
signage notifying of pending development, and the Planning Commission public hearing
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packets are available through the City's webpage.
APPEAL PROCEDURE:
The Planning Commission's action is not final, but rather a recommendation. As such,
the matter will be considered by the City Council on September 11, 2023.
ATTACHMENTS:
1. Vicinity Map
2. Proposed Tentative Map
3. DPR Form prepared by Dudek Architectural Historians, May 8, 2023
4. Draft Planning Commission Resolution TM 22-03
Agenda Item 10.1
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RESOLUTION NO. 2023-12
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
GILROY RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A
TENTATIVE MAP TO SUBDIVIDE A 0.87-ACRE SITE INTO THREE
PARCELS, LOCATED AT 7040 CHURCH STREET, APN: 799-11-068 (FILE
NUMBER TM 22-03)
WHEREAS, On May 18, 2022, an application was filed by Amanda Musy-Verdel
proposing subdivision of a 0.87-acre site into three lots, located at 7040 Church Street
within the City of Gilroy R-2 Two-Family Residential zoning district; and
WHEREAS, the application submittal was deemed complete on June 12, 2023; and
WHEREAS, an updated DPR (Department of Parks and Recreation) form was
completed by Dudek Architectural Historians on May 8, 2023 and determined the proposed
subdivision would not cause a substantial adverse change in the significance of a historical
resource; and
WHEREAS, the proposed subdivision qualifies as exempt from further environmental
review and qualifies for the State CEQA Guidelines section 15315 (Class 15, Minor Land
Divisions), because the proposed subdivision results in less than four parcels, is in
conformance with the City’s General Plan and Zoning, seeks no exceptions or variances ,
and all services and access to the resulting parcels are available; and
WHEREAS, said tentative map was referred to various public utility companies and City
departments, including the Technical Advisory Committee for their review and recommendations
to ensure compliance with applicable service and development requirements; and
WHEREAS, on August 3, 2023, the Planning Commission held a duly noticed public
meeting at which time the Planning Commission received and considered the staff report as
well as all evidence received including written and oral public testimony related to the
project TM 22-03; and
WHEREAS, the City may deny a tentative map only if, based upon substantial
evidence in the record, it makes one or more of seven listed findings for denial prescribed
by Government Code Section 66474. Staff has reviewed the findings and concluded that
project denial based on these findings would not be supported, and alternatively, that each
of the seven findings may be made to support approval of the project; and
WHEREAS , the location and custodian of the documents or other materials which
constitute the record of proceedings upon which the project approval is based is the
Community Development Department, Planning Division.
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NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Gilroy hereby find as follows:
FINDINGS
1. The proposed subdivision TM 22-03 is not consistent with applicable general and
specific plans as specified in 65451.
This Finding cannot be made. The proposed subdivision TM 22-03 is consistent
with the intent of the goals and policies of the City's General Plan and the
residential density and uses anticipated within the General Plan Low Density
Residential land use designation.
2. That the design or improvement of the proposed subdivision TM 22-03 is not
consistent with applicable general and specific pla ns.
This Finding cannot be made. The design or improvement of the proposed
subdivision TM 22-03 is consistent with the applicable general plan given that the
parcel split does not involve any changes to existing land uses, and the lot size,
shape and location complies with the 2040 General Plan Low Density Residential
land use designation.
3. That the site is not physically suitable for the type of development.
This Finding cannot be made. The site is physically suitable for the type of
development given that the property is already developed with a residential use in
compliance with all codes and standards, does not have unique physical
constraints, the size and geometry of the property comply with all applicable
codes and ordinances, and there are no exceptions requested or proposed to the
site development standards.
4. That the site is not physically suitable for the proposed density of development.
This Finding cannot be made The site is physically suitable for the proposed
density of development, given that the resulting lots would accommodate the
existing single family home and water tank building, a single-family home or
duplex on each of the remaining lots, and parking required for the sites after
subdivision, consistent with the City Zoning Ordinance and the 2040 General Plan
Low Density Residential land use designation.
5. That the design of the proposed subdivision TM 22-03 or the proposed
improvements are likely to cause substantial environmental damage or
substantially and avoidably injure fish or wildlife or their habitat.
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This Finding cannot be made The design of the proposed subdivision TM 22-03
or the proposed improvements will not cause substantial environmental damage
or injure fish or wildlife or their habitat because the site is located within a
developed urban context and is not in or adjacent to any sensitive habitat areas.
6. That the design of the subdivision or type of improvements is likely to cause
serious public health problems.
This Finding cannot be made. The design of the proposed subdivision TM 22-03
will not cause serious public health problems because the site is located within an
urban context and has access to urban services including sewer and water.
7. That the design of the proposed subdivision TM 22-03 or the type of
improvements will conflict with easements, acquired by the public at large, for
access through or use of, property within the proposed subdivision. In this
connection, the governing body may approve a map if it finds that alternate
easements, for access or for use, will be provided, and that these will be
substantially equivalent to ones previously acquired by the public. This subsection
shall apply only to easements of record or to easements established by judgment
of a court of competent jurisdiction and no authority is hereby granted to a
legislative body to determine that the public at large has acquired easements for
access through or use of property within the proposed subdivision.
This Finding cannot be made. The design of the proposed subdivision TM 22-03
will not conflict with access easements because there are no known existing
access easements encumbering this property.
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NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission of the
City of Gilroy hereby recommends to the Gilroy City Council approval of a Tentative Map
Application No. TM 22-03, subject to the conditions attached hereto as Exhibit A.
PASSED AND ADOPTED this 3rd day of August, 2023 by the following roll call vote:
AYES: Commissioner Elle, Fugazzi, Leongardt, Lewis, Ramirez, Vice Chair
Kushner, Chair Bhandal
NOES: None
ABSTAIN: None
ABSENT: None
ATTEST: APPROVED:
_____________________________ ______________________________
Sharon Goei, Secretary Manny Bhandal, Chairperson
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EXHIBIT A
TENTATIVE MAP CONDITIONS OF APPROVAL
7040 CHURCH STREET LOT SPLIT
TM 22-03
PLANNING DIVISION CONDITIONS
The following GENERAL conditions authorize specific terms of the project
ENTITLEMENT.
1. APPROVED PROJECT: The approval for Tentative Parcel Map TM 22-03 is granted
to subdivide 0.87 acres into three (3) residential parcels, located at 7040 Church
Street located on Assessor Parcel No. 799-11-068 as shown on Project Plans dated
and received by the Planning Division on July 6, 2023, prepared by Hanna-Brunetti,
dated June 2023, and consisting of 2 sheets.
Any future adjustment or modification to the plans, including any changes made at
time of building permit submittal, shall be considered by the Community
Development Director or designee, may require separate discretionary approval, and
shall conform to all City, State, and Federal requirements, including subsequent City
Code requirements or policies adopted by City Council.
2. COMPLIANCE WITH CONDITIONS: If Developer or owner fails to comply with any
of the conditions of this permit, the Developer or owner shall be subject to permit
revocation or enforcement actions pursuant to the City Code. All costs associated
with any such actions shall be the responsibility of Developer or owner.
3. INDEMNIFICATION: Developer agrees, as a condition of permit approval, at
Developer’s own expense, to defend, indemnify, and hold harmless the City of Gilroy
(“the City”) and its officers, contractors, consultants, attorneys, employees and
agents from any and all claim(s), action(s) or proceeding(s) brought against the City
or its officers, contractors, consultants, attorneys, employees, or agents to challenge,
attack, set aside, void or annul the approval of this resolution or any condition
attached thereto or any proceedings, acts or determinations taken, including actions
taken under the California Environmental Quality Act of 1970, as amended, done or
made prior to the approval of such resolution that were part of the approval process.
The following conditions shall be met prior to the approval of the FINAL MAP or
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PARCEL MAP, or other deadline as specified in the condition.
4. TENTATIVE MAP: An approved tentative map or vesting tentative map shall expire
twenty-four (24) months from the approval date and may be extended pursuant to the
provisions of the Map Act if the final map is not approved prior to expiration.
PUBLIC WORKS CONDITIONS OF APPROVAL
The following conditions authorize the specific terms and are a part of the project
ENTITLEMENT(S); and which shall be addressed on the construction plans submitted
for any BUILDING PERMIT, GRADING PERMIT or SUPERSTRUCTURE, and shall be
satisfied prior to issuance of whichever permit is issued first, or if another deadline is
specified in a condition, at that time.
5. PAYMENT OF PUBLIC WORKS PLAN CHECK AND INSPECTION FEE: At the
time of first improvement plan submittal, the applicant shall submit a $10,000.00
(Ten thousand dollar) initial deposit for project plan check and construction
inspection. This deposit will be credited/accounted toward final plan check and
inspection fee for the project.
In addition, the applicant shall submit a detailed project cost estimate prepared by
the project engineer, to approval of the City En gineer, with the initial project plan
submittal. The cost estimate shall be broken out into on-site and off-site
improvements. Prior to plan approval, the applicant shall pay 100% of the plan
check and inspection fee based on the approved project cost est imate. Public
Works will not sign-off on the issuance of the project building permit without full
payment of this plan check and inspection fee. (PUBLIC WORKS).
6. PLAN SUBMITTAL: The Engineering project plans shall be submitted, in full, with
the building permit plans. Improvement plans are required for both on -site and off-
site improvements, and the improvement plan set cover sheet shall include an
index referencing on-site and off-site improvements. All improvements shall be
designed and constructed in accordance with the City of Gilroy Municipal Code
and Standard Specifications and Details and are subject to all laws of the City of
Gilroy by reference. The improvement plans shall include all civil project plans
including, but not limited to, site plans, grading plans, utility plans, joint trench, off -
site plans, lighting (photometric) plans, and landscaping plans within the public
right-of-way. The plan shall clearly identify both public and private utilities. The
improvement plans shall be submitted with the Public Works Engineering submittal
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checklist provided by the City, and available on the City website.
In addition:
a. A complete set of improvement plans shall consist of Civil site design,
landscape site design, Electrical, Joint Trench. Any walls or structural
features part of the landscape design shall also be included;
b. Improvement plans are required for both on-site and off-site improvements.
A separate plan set for each shall be prepared, or at the approval of the
City Engineer, onsite and offsite sheets can be combined into one plan set;
c. The improvement plan submittal, including utility sheets, shall show
appropriate line types and labels to identify different type of utilities and pipe
sizes. Utility boxes, hydrants, backflow preventers, etc. shall be
relocated/installed behind the back of sidewalk;
d. Improvement plans (as second sheet in plan set) shall contain Approved
Conditions of Approval;
e. Improvement plans shall include General Notes fou nd in the City of Gilroy
General Guidelines;
f. Improvement plans shall be completed per the Public Works Engineering
submittal checklist, which can be found in the City’s website. At first
submittal, a completed checklist shall be included in the submittal package,
and shall show which items have been included.
g. The improvement plan cover sheet shall include a table summarizing all
facilities (Streets, Utilities, Parks, Landscaping, etc.), showing the ownership
of all facilities, access rights to, and the ma intenance responsibilities of all
facilities;
h. Improvement and grading plans shall show existing top o and features at
least 50’ beyond the project boundary. The plan shall clearly show existing
topo, label contour elevations, drainage patterns, flow lines, slopes, and all
other property encumbrances;
i. If the project has excess fill or cut that will be off -hauled to a site or on-
hauled from a site within the city limits of Gilroy, an additional Haul Permit is
required. A statement indicating the need to obtain a Haul Permit must be
added as a general note to the Grading and Drainage Plan;
j. All grading and improvement plans shall identify the vertical elevation
datum, date of survey, and surveyor;
k. A Title Report shall be submitted with first submittal improvement plans. An
existing site plan shall be submitted showing all existing site conditions and
title report easements. The plan shall include bearing and distance
information for all right-of-way and easements;
l. The plan shall show any proposed easements to be dedicated for any
needed purpose, or any easement expected to be abandoned through
separate instrument. This includes PUE, PSE, EVAE, Cross-Property
Access Easement, Landscape Easement, Drainage Easement, Pole Line
Easement, etc.;
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m. To ensure the plans are coordinated and there are no conflicts between
disciplines, the applicant shall provide a “composite exhibit” showing Civil,
Landscape, Electrical, and Joint Trench design information (as a separate
sheet titled “Composite Plan”) to confirm that there are no conflicts;
n. All Solid Waste Vehicle circulation movements shall be modeled and shown
on a separate plan sheet. The circulation plan shall be prepared to the City
Engineer’s satisfaction, and modeled using AutoTurn swept analysis
software, and shall include all turning and street circulation movements;
o. All Emergency Vehicle circulation movements sha ll be modeled and shown
on a separate plan sheet. The circulation plan shall be prepared to the City
Engineer’s satisfaction, and modeled using AutoTurn swe pt analysis
software, and shall include all turning and street circulation movements;
p. All utility boxes exposed to traffic or in a driveway, including sanitary sewer
and/or water meter boxes, shall have traffic-rated boxes and lids;
q. All on-site recycled water system improvements, including appurtenances,
shall be located within a PSE. (PUBLIC WORKS)
7. UTILITY PLANS: A utility plan shall be provided for all projects as specified within
these conditions of approval. To ensure coordination between the app licant and
the relevant utility company:
a. The applicant shall provide joint trench composite plans for the undergro und
electrical, gas, telephone, cable television, and communication conduits and
cables including the size, location and details of all trenches, locations of
building utility service stubs and meters and placements or arrangements of
junction structures as a part of the Improvement Plan submittals for the
project. Show preferred and alternative locations for all utility vaults and
boxes if project has not obtained PG&E approval. A license d Civil or
Electrical Engineer shall sign the composite drawings an d/or utility
improvement plans. (All dry utilities shall be placed underground).
b. The applicant shall negotiate any necessary right-of-way or easement with
PG&E, or any other utilities, subject to the review and approval by the
Engineering Division and the utility companies.
c. A “Will Serve Letter” shall be provided for each utility company expected to
service the subdivision. Early coordination with the utility companies is
necessary to obtain this letter. Coordination of City utilities shall be through
the Engineering Division.
d. A note shall be placed on the joint trench composite plans which states that
the plan agrees with City Codes and Standards and that no underground
utility conflict exists. (PUBLIC WORKS)
8. UTILITY RESPONSIBILITIES: Storm and sewer utilities in private areas shall be
privately owned and privately maintained. The water system in Gilroy is owned
and maintained by the City. Conversely, public utilities within utility easements on
private property remain the responsibility of the individual utility companies to
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maintain. The plans shall note the inspection, ownership and maintenance
responsibility for each utility shown on the plans within a Table of Responsibilities
on the project cover sheet of the improvement plans submitted with the initial plan
submittal. The table shall include the list of streets, the responsible party for
inspection of the improvements, who is responsible for the ownership of the utility,
and who is responsible for the maintenance of the utility. An example of this table,
including the types of utilities to be listed, can be provided by the Engineering
Division upon request. (PUBLIC WORKS)
9. PREPARATION OF ELECTRICAL PLANS: The project electrical plans shall be
prepared by a registered professional engineer experienced in preparing these
types of plans. The applicant shall submit, with the improvement plans submitted
with the initial plan submittal, a letter from the design Electrical or Civil Engineer
that states the electrical plan conform to City Codes and Sta ndards, and to the
approved improvement plans. The letter shall be signed and stamped by the
professional engineer that prepares the improvement plans. (PUBLIC WORKS)
10. EXISTING FACILITIES PROTECTION: All existing public utilities shall be
protected in place and if necessary, relocated as approved by the City Engineer.
No permanent structure is permitted within City easements without the approval of
the City of Gilroy. (PUBLIC WORKS)
11. STORMWATER TREATMENT: This project is subject to stormwater design
considering full project boundary shown on the tentative map. Collectively or
individually, all lots will perform stormwater calculations and mitigate for stormwater
impacts. (PUBLIC WORKS)
12. WATER QUALITY: Project design shall comply with the Stormwater Management
Guidance Manual for Low Impact Development & Post-Construction
Requirements. The applicant shall submit the Source Control Checklist as well as
the appropriate Performance Requirements Checklist found in Appendix A of the
manual at the time of the initial submittal for building permit. The manual can be
found at the following site: www.cityofgilroy.org/261/Storm-Water-Management
(PUBLIC WORKS)
13. DEVELOPER STORM WATER QUALITY RESPONSIBILITY: The developer is
responsible for ensuring that all contractors are aware of all storm water quality
measures, and implement such measures. Failure to comply with the approved
construction BMPs will result in the issuance of correction notices, citations, or a
project stop order. (PUBLIC WORKS)
14. BEST MANAGEMENT PRACTICES (BMP): The applicant shall perform all
construction activities in accordance with Gilroy Municipal Code Section 27C,
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Municipal Storm Water Quality Protection and Discharge Controls, and Section
E.10, Construction Site Storm Water Run-Off Control Program of the Regional
NPDES Permit. Detailed information can be located at:
www.flowstobay.org/documents/business/construction/SWPPP.pdf . This sheet
shall be printed and included in all building construction plan sets permitted for
construction in the City of Gilroy. (PUBLIC WORKS)
15. FIRE DEPARTMENT HYDRANT FLOW TEST: The applicant shall perform a Fire
Hydrant flow test to confirm the water system will adequately serve the
development and will modify any part of the systems that does not perform to the
standards established by the City. Applicant shall coordinate with Fire Department
for the Fire Hydrant flow test. The flow test results shall be submitted with the
initial plan submittal. (PUBLIC WORKS)
16. WATER CONSERVATION: The project shall fully comply with the measures
required by the City’s Water Supply Shortage Regulations Ordinance (Gilroy City
Code, Chapter 27, Article VI), and subsequent amendments to meet the
requirements imposed by the State of California’s Water Board. This ordinance
established permanent voluntary water saving measures and temporary
conservation standards. (PUBLIC WORKS)
17. PROJECT STUDIES: The applicant shall submit, for City approval, any applicable
water, sewer, storm drain or traffic studies for the development deemed
appropriate by the City Engineer. These studies shall provide the supporting
hydraulic calculation for pipe sizing per the City Standard Design Guidelines. The
study shall be reviewed and approved by Engineering. If the results of the study
indicate that this development contributes to the over-capacity of the trunk line, the
applicant will be required to mitigate the impact by removing and replacing or
upsizing of the existing utilities to accommodate the appropriate level of project
flows to the approval of the City Engineer. The improvements shall be addressed
on the construction drawings, to the approval of the City Engineer, prior to the
issuance of the first building permit. (PUBLIC WORKS)
18. IMPACT FEES: The project is subject to the City’s Street Tree, Storm, Sewer,
Water, Traffic, and Public Facilities Development Impact and Stormwater
Management Fees. The City’s latest impact fee schedule is available on the City’s
website. Payment of all Impact and Stormwater Management Fees is required at
first building permit issuance. Fees shall be based on the current fee schedule in
effect at the time of fee payment, consistent with and in a ccordance with City
policy. Note that impact fees increase at the beginning of each fiscal year, July 1.
Specific fee language is provided further in these conditions of approval. (PUBLIC
WORKS)
19. STORMWATER MANAGEMENT PLAN: At first improvement plan submittal, the
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applicant shall submit a Storm Water Management Plan (SWMP) prepared by a
registered Civil Engineer. The SWMP shall analyze the existing and ultimate
conditions and facilities, and the study shall include all off-site tributary areas.
Study and the design shall be in compliance with the Cit y’s Stormwater
Management Guidance Manual (latest edition). Existing off-site drainage patterns,
i.e., tributary areas, drainage amount, and velocity shall not be altered by the
development. The plan shall be to the approval of the City Engineer and shall be
approved prior to the issuance of the building permit. (PUBLIC WORKS)
20. STORMWATER CONTROL PLAN: At first improvement plan submittal, the
applicant shall submit a design level Stormwater Control Plan Report (in 8 ½ x 11
report format), to include background, summary, and explanation of all aspects of
stormwater management. The report shall also include exhibits, tables,
calculations, and all technical information supporting facts, including but not limited
to, exhibit of the proposed site conditions, which clearly delineates impervious and
pervious areas on site. The plan shall provide a separate hatch or shading for
landscaping/pervious areas on-site including those areas that are not bio-retention
areas. This stormwater control plan report format does not replace, or is not in-lieu
of any stormwater control plan sheet in the improvement plans. The stormwater
control plan shall include a signed Performance Requirement Certifications
specified in the Stormwater Guidance Manual. At applicant’s sole expense, the
stormwater control plan shall be submitted for review by a n independent third party
accepted by the City for compliance. Result of the peer review shall be submittal
and approved by the City Engineer prior to the issuance of the first building permit.
(PUBLIC WORKS)
21. REPAIR OF PUBLIC IMPROVEMENTS: The applicant shall repair or replace all
existing improvements not designated for removal, and all new improvements that
are damaged during construction or removed because of the applicant’s
operations. The applicant shall request a walk-through with the Engineering
Construction Inspector before the start of construction to verify existing conditions.
Said repairs shall be completed prior to the first occupancy of the project.
(PUBLIC WORKS)
22. TRIANGULAR AREA OF VISIBILITY : Landscaping and permanent structures
located within the 10' triangular area of visibility at the driveway, and 45’ triangular
area of visibility at any project corner, shall have a minimum vertical clearance of
9’, and/or be less than 2’ in height. This includes all PG&E above ground
structures and other utility facilities. The sight triangle shall be shown on the site
civil plans, to the approval of the City Engineer, to demon strate this condition.
(PUBLIC WORKS)
23. GRADING & DRAINAGE: All grading activity shall address National Pollutant
Discharge Elimination System (NPDES) concerns. There shall be no earthwork
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disturbance or grading activities between October 15th and April 15th unless
otherwise approved by the City Engineer. If approved, the applicant shall submit a
Winterization Erosion Control Plan to the City Engineer for review and approval.
This plan shall incorporate erosion control devices and other techniques in
accordance with Gilroy Municipal Code § 27C to minimize erosion. Specific
measures to control sediment runoff, construction pollution and other potential
construction contamination sediment runoff, construction pollution and other
potential construction contamination shall be addressed through the Erosion
Control Plan and Storm Water Pollution Prevention Plan (SWPPP). The SWPPP
shall supplement the Erosion Control Plan and project improvement plans. These
documents shall also be kept on-site while the project is under construction. A
Notice of Intent (NOI) shall be filed with the State Water Resources Control Board,
with a copy provided to the Engineering Division before a grading permit will be
issued. A project WDID# shall be added to the grading plans prior to plan approval.
(PUBLIC WORKS)
24. GEOTECHNICAL ENGINEER: Prior to building permit issuance, the applicant’s
Geotechnical Engineer shall review the final grading, pavement design and
drainage plans to ensure that said designs are in accordance with the
recommendations or the project geotechnical study, and the peer review
comments. The applicant’s Geotechnical Engineer’s approval shall then be
conveyed to the City either by letter, or by signing the plans.
All grading operations and soil compaction activities shall be per the approved
project’s design level geotechnical report. All grading activities shall be conducted
under the observation of, and test ed by, a licensed geotechnical engineer. A report
shall be filed with the City of Gilroy for each phase of construction, stating that all
grading activities were performed in conformance with the requirements of the
project’s geotechnical report. The applicant shall add this condition to the general
notes on the grading plan.
Certification of grades and compaction are required prior to Building Permit final.
This statement must be added as a general note to the Grading and Drainage
Plan. (PUBLIC WORKS)
25. TREE REMOVAL PERMIT: The applicant shall obtain a Tree Removal Permit from
the Engineering Division for removal of existing trees in the public right-of-way,
prior to the issuance of a building permit or demolition buil ding permit, whichever is
issued first. (PUBLIC WORKS)
26. ENCROACHMENT PERMITS, BONDS, AND INSURANCE: The applicant must
obtain an encroachment permit, posting the required bonds and ins urance, and
provide a one (1) year warranty for all work to be done in the City's right-of-way or
City easement. This encroachment permit shall be obtained prior to the issuance
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of a foundation building permit and prior to any work being done in the City's
right-of-way. All existing public utilities shall be protected in place and if necessary
relocated as approved by the City Engineer. No permanent structures are
permitted within the City right-of-way, or within any City easement unless otherwise
approved by the City Engineer. The applicant shall have street improvement plans
prepared for all work in the public right-of-way by a licensed civil engineer, whose
signed engineer’s stamp shall appear on the pla ns. Prior to issuance of the
encroachment permit, the applicant shall submit any applicable pedestrian or traffic
control plans for any lane or sidewalk closures. The traffic control plan shall
comply with the State of California Manual of Uniform Traffic Control Devices
(MUTCD), and standard construction practices. [(For major street improvements)
Construction plans for improvements in the right-of-way shall be submitted to the
City Engineer at 30%, 60%, and 90% design for review. All design assumptions
and criteria shall be submitted with each phase of design submittal. Project
specifications shall be included for review with the 90% design review.]
Final construction plans and specifications shall be approved by the City Engineer,
and released for construction, prior to the issuance of the encroachment permit.
The applicant is required to confirm the location of existing utility lines along the
project frontage by potholing. Prior to any potholing, applicant shall submit a
pothole plan for City review and approval. Applicant shall provide the pothole
result to the City Engineer prior to final design. Right -of-way improvements shall
include, at a minimum, the following items: (PUBLIC WORKS)
a. STREET TREES: The applicant shall plant street trees along the project
frontage to match the City of Gilroy’s Street Tree Plan in effect at the time of
construction. The street tree plans shall be per City Standard Drawings,
and will include City Standard tree grates.
b. STREET MARKINGS: The applicant shall install necessary street markings
of a material and design approved by the City Engineer and replace any that
are damaged during construction. These include but are not limited to all
pavement markings, painted curbs and handicap markings. All permanent
pavement markings shall be thermoplastic and comply with Caltrans
Standards. Color and location of painted curbs shall be shown on the plans
and are subject to approval by the City Engineer. Any existing painted curb
or pavement markings no longer required shall be removed by grinding if
thermoplastic, or sand blasting if in paint.
c. SIDEWALK: The applicant shall replace to existing City standards all
sidewalk surrounding the project site. Sidewalk replacement shall be
constructed per the City Standard Drawings.
d. CURB RAMP(S): The applicant shall remove and replace the curb ramps at
corner along the project frontage in accordance with the latest Caltrans
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State Standard Drawing. The ramp "Case" shall be identified on the plans
and shall be to the approval of the City Engineer.
e. CURB AND GUTTER: The applicant shall replace to existing City standards
all damaged and non-standard curb and gutter surrounding the project site.
Add the following note to the plans: “The actual amount of curb and gutter
to be replaced shall be determined by the Public Works Construction
Inspector in the field prior to construction. New curb and gutter shall be
constructed per the City Standard Drawing STR-12. “
f. DRIVEWAY APPROACHES: The applicant is to remove the existing
driveway approaches that are not to current City S tandard. The applicant
shall install City Standard Residential driveway approaches for each parcel
shown on the approved plans. This includes all driveway approaches
identified as “Future Driveway”.
g. SEWER LATERAL: The applicant shall install a sewer lateral and main line
connection to the existing sewer main located in adjacent property along the
rear property line per City Standard. The sewer lateral shall be sized in
accordance with the currently adopted Plumbing Code. A clean-out shall be
installed on the lateral within 10 feet of the sewer main. Connection to the
main will be with a sewer manhole per City Standard. The applicant is
advised that the City does not maintain private laterals in rear and side
yards.
h. SEWER CLEAN-OUT: The applicant shall install a sewer lateral clean-out
at the property line in accordance with the City Standard Drawing SWR-6.
i. STORM WATER CATCH BASIN(S): The applicant shall install standard
storm water catch basins, in accordance with the City Standard Drawing,
specifications and general guidelines.
j. SIDEWALK UNDERDRAIN(S): The applicant shall install standard sidewalk
underdrains in accordance with the City Standard Drawing STR-19.
k. STREET LIGHT(S): Pending the results of the provided off-site photometric
analysis, the applicant shall provide and install standard aluminum electrolier
street light(s) per City Standard Drawing EL-1 to EL-5. The applicant is
responsible for all PG&E service fees and hook-up charges. Any new service
point connection required to power the new lights shall be shown on the
construction drawings along with the conduit, pull boxes and other items
necessary to install the street lights. An Isometric lighting level needs to be
provided by the designer/contractor. A separate light study may be required by
the City Engineer. The new street light sha ll have 32’ mounting height per
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Standard Drawing EL-3, with mounting arm length per Standard Drawing EL-4,
the Fixture shall be Leotek GC1 or GC2 series in an approved configuration
per detail EL-2 or approved equal.
l. FIRE HYDRANTS: The applicant shall install new fire hydrants along the
project frontage. Spacing shall meet City and Fire Marshall requirements.
27. UTILITIES: All new services to the development shall be "underground service"
designed and installed in accordance with the Pac ific Gas and Electric Company,
AT&T (phone) Company and local cable company regulations. Transformers and
switch gear cabinets shall be placed underground unless otherwise approved by
the Planning Director and the City Engineer. Underground utility plans must be
submitted to the City prior to installation. (PUBLIC WORKS)
28. STREET CUT MORATORIUM: 10th Street is part of the Street Cut Moratorium.
The project is making new pavement cuts on the newly resurfaced 10th Street
which reduces the City Pavement Condition Index. The project shall Grind and
pave the entire width of 10th Street (Lip of Gutter to Lip of Gutter) along project
frontage with a minimum 2.5” hot mix AC, and with pavement section dig-outs and
repairs. Extend of the dig-outs and repairs to be determined by the Developers
Geotechnical Engineer and to the satisfaction of the City Engineer. (PUBLIC
WORKS)
29. EXTERIOR SITE LIGHTING STANDARDS: The applicant shall submit a
photometric plan for on-site lighting showing lighting levels to Illuminating
Engineering Society (IES) Standards. The plan sha ll comply with the requirement
of an average of 1 foot-candle with a 4:1 minimum to average ratio and a minimum
lighting of 0.3 foot-candle. This lighting standard is applicable to all p ublicly-
accessibly parking lots, driveways, circulation areas, aisles, passageways,
recesses, and publicly-accessible grounds contiguous to all buildings. Private,
interior courtyards not accessible to the public are not required to meet this
standard. The lighting system shall be so designed as to limit light spill beyond
property lines and to shield the light source from view from off site. The
photometric plan shall be approved by the City Engineer or their designee and
shall be addressed on the construction plans submitted for any demolition permit,
building permit, or grading permit and shall be satisfied prior to issuance of
whichever permit is issued first. Any subsequent building permits that include any
site lighting shall also meet these requirements. (PUBLIC WORKS)
30. STREET LIGHTING STANDARDS: The applicant shall submit plans for
street/sidewalk showing lighting levels to Illuminating Engineering Society (IES)
Standards. The plan shall comply with lighting requirements as follows:
Arterial Streets 1.0fc average 3/1 average to minimum uniformity
.34fc minimum
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Collector Streets .60fc average 4/1 average to minimum uniformity
.15fc minimum
Local streets .40fc average 6/1 average to minimum uniformity
.07fc minimum
High volume intersection 1.1fc average 3.1 average to minimum uniformity
.40fc minimum
Low volume intersection .70fc average 4/1 average to minimum uniformity
.18fc minimum
The applicant shall submit a photometric plan identifying how these lighting levels
are being met given the site geometrics, using the City Standard street lights, and
a Type III lighting distribution. The width of the street shall, and lighting levels shall
determine the lighting spacing. Street lights and pull boxes sh all be installed in the
planter strip if one is present, or behind the back of walk where feasible so as to
maintain sidewalk clear of obstructions to the approval of the City Engineer. The
photometric plan shall be approved prior to the issuance of the b uilding permit.
(PUBLIC WORKS)
31. FENCES AND OTHER PERMANENT STRUCTURES: The applicant shall locate
all project fencing and foundation of a permanent nature within the project’s
property and out of the City right-of-way. (PUBLIC WORKS)
32. STORM DRAIN INLETS AND WATERWAYS: Per the City’s Clean Water
Program’s requirements, the applicant shall mark with the words “No Dumping!
Flows to Bay,” or equivalent, using methods approved by the City standards on all
storm inlets surrounding and within the project parcel. Furthermore, storm drains
shall be designed to serve exclusively stormwater. Dual-purpose storm drains that
switch to sanitary sewer are not permitted in the City of Gilroy. (PUBLIC WORKS)
33. OVERHEAD UTILITY CLEARANCE: For projects that have overhead utility lines
on-site that travel over new buildings, the applicant shall obtain a letter from the
utility company indicating that there is adequate overhead clearance from the utility
to the proposed building. The letter shall be submitted with the first set of
improvement plans submitted. The plans shall show the exi sting utility pole, any
necessary proposed pole protection (including overhead clearance warning
identification) and shall be confirmed satisfactory with the utility company. The
letter shall be to the approval of the City Engineer. (PUBLIC WORKS)
34. DRAINAGE: Drainage designed into landscaping with the purpose of reducing
volume or improving quality of runoff from the site shall be implemented according
to the requirements of the Stormwater Management Guidance Manual for Low
Impact Development & Post Construction Requirements (June 2015) and shall
also be, subject to the approval of the City Engineer. Where necessary, sidewalk
drains per the City Standard Drawing shall be provided to direct the water under
the sidewalk and through the curb. No increase to the peak discharge shall be
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permitted downstream. In addition, discharge must conform to any non-point
source permit issued by the Regional Water Quality Control Board. Drainage
improvements made on-site shall conform to standard engineering practices and
shall not allow any site drainage to impact adjacent properties. All drainage
capacity calculations shall be performed by a licensed Civil Engineer, whose
signed engineer’s stamp shall appear on the calculations sheets and shall be
submitted to the City for review and approval with the project civil plans. For
projects that include permanent structural controls for water quality protection, the
O&M (operation and maintenance) procedures for such control features shall be
submitted in a site-specific Stormwater Control Plan (SWCP) which shall be
reviewed and approved prior to occupancy. A formal O&M Agreement shall sp ecify
the owner’s responsibility to ensure their ongoing effective operation and
maintenance. Such O&M responsibility requirements shal l be recorded on the
property deed.
If the project is proposing to connect to an existing storm drain system within or
downstream from the site, the design engineer shall provide calculations with the
final design plans to demonstrate that the downstream drainage system has
adequate capacity to accommodate the additional site flows being added to the
system for the design storm per City Standards. The calculations shall be to the
approval of the City Engineer prior to the issuance of the first building permit.
(PUBLIC WORKS)
35. STORMWATER MANAGEMENT: At Developer’s sole expense, Developer shall
submit results from a third-party review of the project’s stormwater design. The
results shall confirm that the project is complying with requirements set in th e City
of Gilroy Stormwater Management Guidance Manual for Low Impact Development
and Post-Construction Requirements. (PUBLIC WORKS)
36. SITE LANDSCAPING COORDINATION: The site landscaping needs to be
coordinated between the stormwater treatment area and the overall site
landscaping plan area. The landscaping within the stormwater treatment area will
not count towards the site landscaping requirement. Stormwater treatment areas
should be identified on the site first, and then site landscaping to make sure the
correct plant material is identified for each area. Some site landscaping plant
material may not be suitable in stormwater treatment areas due to the nature of the
facility. Sewer facilities cannot be aligned through stormwater treatment facilities.
It is the applicant’s responsibility to coordinate the civil stormwater treatment
facilities and the plans from the project landscaper. (PUBLIC WORKS)
37. ADDRESS PLAN: The applicant shall submit to the Public Works Department a
final address plan. The plan shall be substantially in conformance with the
address plan approved with the Arch & Site application. Said submittal shall be
approved by the City Engineer prior to the submittal of plan s for any demolition
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permit, building permit, or site development permit and shall be satisfied prior to
issuance of whichever permit is issued first. (PUBLIC WORKS)
38. PERMITS REQUIRED BY OTHER AGENCIES: The applicant shall obtain all
applicable permits from federal, state, and local agencies as required to construct
the proposed improvements. The applicant is hereby informed that permits may
be required by one (1) or more of the follo wing: Army Corps of Engineers, UPRR,
Fish and Wildlife, Regional Water Quality Control Board, Santa Clara County
Roads and Airports, Santa Clara Valley Water District or Habitat Permit. If project
is within jurisdiction of any of these agencies, verification of permit or waiver of
permit must be given to the Public Works Department prior to issuance of any
required City permits. If the City is required to be a party to the permit application
and a fee is required, the applicant shall reimburse the City f or its cost. A copy of
these permits shall be provided to the satisfa ction of the City Engineer prior to the
issuance of the building permit. (PUBLIC WORKS)
39. STREET TREE DEVELOPMENT IMPACT FEE: The applicant shall pay a fee to
prove funding towards additional tree planting in the City. The fee is based on the
amount of added hardscape the project is adding. The estimated impact fee,
based on the approved plans, is $1,656.00. This fee is only an estimate. The
actual impact fee will be calculated based on building permit plans submitted, and
the fees approved by the City Council in place at the time of the building permit
submittal. The fee shall be collected by the Public Works Department and paid
prior to first building permit issuance. Note that this fee is assessed based on the
full scope of the tentative map. (PUBLIC WORKS)
40. STORM DEVELOPMENT IMPACT FEE: The applicant shall pay a fee proportional
to the project's share of storm drainage flowing off-site and shall be used to
enhance the City’s storm drainage system based on the recommendations of the
adopted Storm Drainage Master Plan. The estimated impact fee, based on the
approved plans, is $281.00. This fee is only an estimate. The actual impact fee
will be calculated based on building permit plans submitted, and the fees approved
by the City Council in place at the time of the building permit submittal. The fee
shall be collected by the Public Works Department and paid prior to first building
permit issuance. Note that this fee is assessed based on the acreage of Parcels 2
& 3 of the tentative map. (PUBLIC WORKS)
41. EXISTING PARCEL IMPACT FEES: The existing parcel is proposed to connect to
the City’s public water and sewer facilities. The existing parcel shall pay impact
fees to establish the new connections into the City’s facilities. The estimated
Sewer Impact Fee for the existing residence is $13,262.00. The estimated Water
Impact Fee for the existing residence is $4,556.00. The actual impact fees will be
calculated based the fees approved by the City Council in place at the time of the
building permit submittal. At first improvement plan submittal, applicant’s engineer
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shall submit a calculation for water generation per the City’s Master Plan design
criteria. The fee shall be collected by th e Public Works Department and paid prior
to issuance of the first building permit.
42. SANITARY SEWER DEVELOPMENT IMPACT FEE: The applicant shall pay a fee
proportional to the project’s share of the increase amount of sewage generated by
the project, which shall be used to enhance the City’s sewer system based on the
adopted Sewer Master Plan. The estimated impact fee, based on the approve d
plans, is $26,524.00. This fee is only an estimate. The actual impact fee will be
calculated based on building permit plans submitted, and the fees approved by the
City Council in place at the time of the building permit submittal. The fee shall be
collected by the Public W orks Department and paid prior to issuance of the first
building permit. At first improvement plan submittal, applicant’s engineer shall
submit a calculation for sanitary sewer and water generation per the City’s Master
Plan design criteria. The fee shall be collected by the Public Works Department
and paid prior to issuance of the first building pe rmit. Note that this fee is assessed
based on the proposed development of Parcels 2 & 3 of the tentative map.
(PUBLIC WORKS)
43. WATER DEVELOPMENT IMPACT FEE: The applicant shall pay a fee proportional
to the project's share of impact to the City’s water system, and the water needs of
the development. The fee shall be used t o fund improvements identified in the
City’s Water Master Plan. The estimated impact fee, based on the approved
plans, is $9,112.00. This fee is only an estimate. The actual impact fee will be
calculated based on building permit plans submitted, and the fees approved by the
City Council in place at the time of the building permit submittal. At first
improvement plan submittal, applicant’s engineer shall submit a calculation for
water generation per the City’s Master Plan design criteria. The fee shall be
collected by the Public Works Department and paid prior to issuance of the first
building permit. Note that this fee is assessed based on the proposed development
of Parcels 2 & 3 of the tentative map. (PUBLIC WORKS)
44. TRANSPORTATION IMPROVEMENT FEE: The applicant shall pay a fee
proportional to the project's share of transportation improvements needed to serve
cumulative development within the City of Gilroy. The funds shall be used to fund
improvements identified in the City Traffic Circulation Master Plan. The estimated
impact fee, based on the approved plans, is $26,024.00. This fee is only an
estimate. The actual impact fee will be calculated based on building permit plans
submitted, and the fees approved by the City Council in place at the tim e of the
building permit submittal. The fee shall be collected by the Public Works
Department and paid prior to issuance of the first building permit. Note that this fee
is assessed based on the proposed development of Parcels 2 & 3 of the tentative
map. (PUBLIC WORKS)
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45. PUBLIC FACILITIES IMPACT FEE: The applicant shall pay a fee proportional to
the project’s share of the increase to the use of City Public facilities. The
estimated impact fee, based on the approved plans, is $45,234.00. This fee is
only an estimate. The actual impact fee will be calculated based on building permit
plans submitted, and the fees approved by the City Council in place at the time of
the building permit submittal. The fee shall be collected by the Public Works
Department and paid prior to issuance of the first building permit. Note that this fee
is assessed based on the proposed development of Parcels 2 & 3 of the tentative
map. (PUBLIC WORKS)
46. CONSTRUCTION NOTICING: At least one week prior to commencement of any
on or off-site work, the applicant shall post at the site, and to propert y owners
within (300') three hundred feet of the exterior boundary of the project site a notice
that construction work will commence on or around the stated date. The notice
shall include a list of contact persons with name, title, phone number and area of
responsibility. The person responsible for maintaining the list shall be included.
The list shall be current at all times and shall consist of persons with authority to
initiate corrective action in their area of responsibility. The names of individuals
responsible for dust, noise and litter control shall be expressly identified in the
notice. Noticing shall be in both English and Spanish. The notice shall be
submitted for review to the approval of the City Engineer two weeks prior to the
issuance of the building permit. (PUBLIC WORKS)
47. PUBLIC IMPROVEMENTS: All public improvements labeled on the tentative map
plans as “future”, for example the driveway approaches for parcels 2 & 3, shall be
built with the proposed parcel map. At initial improvement plan submittal, the plans
shall be updated to identify all public improvements to build with the improvement
plans. (PUBLIC WORKS)
48. SIGNING AND STRIPING PLAN: Due to the proposed project’s requirement to
remove and replace the existing sidewalk surrounding the project to City Standard,
the project shall remove and replace all street signs along the project frontage. At
initial improvement plan submittal, the plans shall include a signage and st riping
plan conveying all restriping and street signs to be installed per City Standard and
CAMUTCD. (PUBLIC WORKS)
49. DRIVEWAY APPROACHES: All driveway approaches shown on the tentative map
shall be installed with these proposed improvement plans. For Parcel 2 the
driveway approach shall match the existing driveway location across the street or
be located 150-ft from the intersection. For Parcel 3, the driveway approach shall
be off of 10th St. Proposed driveway approach off Church St. will not be allowed.
(PUBLIC WORKS)
50. SIDEWALK DESIGN: At initial design submittal, the plans and all relative sections
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shall be updated to show a City Standard 1.5% cross slope for the proposed
sidewalk along the project frontage. (PUBLIC WORKS)
51. EASEMENT AREA: The easement area past the back of the proposed sidewalk
shall be graded at 1.5% cross slope to end of the easement. Plans shall be
updated to reflect this requirement. (PUBLIC WORKS)
52. EXISTING UTILITIES: The improvement plans shall show shall the existing
service laterals not designated for future use to be abandoned at the main. At
initial improvement plan submittal, the plans shall be updated to reflect this
requirement. (PUBLIC WORKS)
The following conditions shall be met prior to the approval of the FINAL MAP or
PARCEL MAP, or if another deadline is specified in a condition, at that time.
53. DEDICATION OF PUBLIC EASEMENT: Project shall secure 10-ft easement at
existing sewer line at the connection point. (PUBLIC WORKS)
54. DEDICATION OF PRIVATE EASEMENT: Project shall create private sanitary
sewer easements, private stormwater easements as needed for utilities crossing
lot lines. Said easements will grant private utility rights to adjacent private lots as
needed. (PUBLIC WORKS)
55. PARCEL MAP: It shall be the applicant's responsibility to have a parcel map,
prepared by a person authorized to practice land surveying in California,
delineating all parcels created or deleted and all changes in lot lines in
conformance with the Gilroy Municipal Code. The parcel map shall be approved
by the Department of Public Works and recorded with the County Recorder’s
Office prior to the issuance of any City permits. A parcel map guarantee shall be
submitted to the City, by the applicant’s title company, prior to release of the parcel
map to the title company for recordation. Prior to the City’s release of the parcel
map to the title company, the applicant may, at the discretion of the City Engineer,
be required to submit to the City an electronic copy of the map in the AutoCAD
Version being used by the City at the time of recordation. It is the app licant's
responsibility to check with their title company and the County Recorder’s Office to
determine the time necessary to have the map recorded after City approval.
(PUBLIC WORKS)
56. PROPERTY IMPROVEMENT AGREEMENT (PIA): The applicant shall enter into a
public improvement agreement with the City per Gov. Code Section 66462(a), and
shall arrange to provide Payment and Pe rformance bonds each for 100% of the
cost of public infrastructure improvements to be constructed in the public right-of-
way. These improvements shall include, but not be limited to, roadway
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construction, sidewalk, curb and gutter, water lines, storm lines, sewer lines, street
lights, and signal equipment. City Standard in surance shall be provided per the
terms of the agreement. The agreement will be forwarded to the City Council for
approval with project (parcel or final) map. The PIA shall be approved by the City
Council prior to the issuance of the project building permit. (PUBLIC WORKS)
57. MONUMENTS: The applicant shall arrange for the engineer to have all
monuments set per the recorded final map. A certificate letter by the Surveyor or
Engineer will be provided to the City Engineer. (PUBLIC WORKS)
58. ELEVATION CERTIFICATE: (specifically for projects in the flood zone) An
elevation certificate per FEMA requirements must be complete by a Land Surveyor
or Civil Engineer. The elevation certificate shall be submitted, to the approval of
the City Engineer, prior to the first building occupancy. (PUBLIC WORKS)
59. RECORD DRAWINGS: The applicant shall submit one full set of original record
drawings and construction specifications for all off-site improvements to the
Department of Public Works. All underground facilities sh all be shown on the
record drawings as constructed in the field. The applicant shall also provide the
City with an electronic copy of the record drawings in the AutoCAD Version being
used by the City at the time of completion of the work. The applicant sh all also
submit an AutoCAD drawing file of all consultants composite basemap linework
showing all public improvements and utility layouts. This condition shall be met
prior to the release of utilities, final inspection, or issuance of a certificate of
occupancy, whichever occurs first. (PUBLIC WORKS)
60. PAVEMENT RESTORATION: Due to construction activities and new utility cuts
along the project frontage the applicant shall grind and overlay the Church St
project frontage with 2-inches of hot mix asphalt concrete with pavement section
dig-out repairs, half road way width (curb to centerline) and micro-surface
treatment along 10th St project frontage with pavement section dig-out repairs half
road way width (curb to centerline). The extent of the pavement section dig-out repairs to be
determined by the developer’s geotechnical engineer and to be confirmed by the City Engineer.
(PUBLIC WORKS)
61. STORMWATER MANAGEMENT FACILITIES MAINTENANCE AGREEMENT:
The applicant shall execute a Stormwater Management Facilities Maintenance
Agreement with the City Engineer as specified in Chapter 7.39.210-230 of the
Stormwater Management and Discharge Control ordinance. The agreement shall
outline the operation and maintenance (O&M) plan for the permanent storm water
treatment facilities. The City-Standard Stormwater BMP Operation and
Maintenance Agreement will be provided by Public Works Engineering. The
agreement shall include the following:
a. This Agreement shall also provide that in the event that maintenance or
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repair is neglected, or the stormwater management facility becomes a
danger to public health or safety, the city shall have the authority to perform
maintenance and/or repair work and to recover the costs from the owner.
b. All on-site stormwater management facilities shall be operated and
maintained in good condition and promptly repaired/replaced by the
property owner(s) or other legal entity approved by the City.
c. Any repairs or restoration/replacement and maintenance shall be in
accordance with City-approved plans.
d. The property owner(s) shall develop a maintenance schedule for the lif e of
any stormwater management facility and shall describe the maintenance to
be completed, the time period for completion, and who shall perform the
maintenance. This maintenance schedule shall be included with the
approved Stormwater Runoff Management Plan.
This agreement shall be executed prior to the first occupancy of the building.
(PUBLIC WORKS)
62. STORMWATER MANAGEMENT FACILITIES INSPECTION: The Stormwater
Management Facilities Maintenance Agreement work shall require inspections be
performed which shall adhere to the following:
a. To comply with the State Stormwater requirements and the NPDES permit,
the applicant shall secure a QSD or QSP to maintain all erosion control and
BMP measures during construction. The applicant’s QSD or QSP shall
provide the City weekly inspection reports to the approval of the City
Engineer.
b. Stormwater facility inspections shall be done at least twice per year, once in
Fall by October 1st, in preparation for the wet season, and once in Winter
by March 15th. Written records shall be kept of all inspections and shall
include, at minimum, the following information:
1. Site address;
2. Date and time of inspection;
3. Name of the person conducting the inspection;
4. List of stormwater facilities inspected;
5. Condition of each stormwater facility inspected;
6. Description of any needed maintenance or repairs; and
7. As applicable, the need for site re-inspection.
c. Upon completion of each inspection, an inspection report shall be submitted
to Public Works Engineering no later than October 1st for the Fall report, and
no later than March 15th of the following year for the Winter report.
d. Before commencing any grading or construction activities, the applicant
shall obtain a National Pollutant Discharge Elimination System (NPDES)
permit and provide evidence of filing of a Notice of Intent (NOI) with the
State Water Resources Control Board.
e. The applicant is responsible for ensuring that all contractors are aware of all
storm water quality measures and implement such measures. Failure to
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comply with the approved construction BMPs will result in the issuance of
correction notices, citations or a project stop order.
f. Sequence of construction for all stormwater facilities (bioswales, detention/
retention basins, drain rock, etc.) shall be done toward final phases of
project to prevent silting of facilities and reduce the intended use of the
facilities.
g. Prior to final inspection, all stormwater facilities will be tested by a certified
QSP or QSD to meet the minimum design infiltration rate. All tests shall be
made at on 20 ft x 20ft grid pattern over the surface of the completed
stormwater facility unless otherwise approved by the City Engineer.
All soil and infiltration properties for all storm water facilities shall be evaluated by
the geotechnical engineer. Percolation tests (using Double Ring Infiltrometer
Testing with appropriate safety factors) at horizontal and vertical (at the depth of
the stormwater facility) shall be conducted for each stormwater facility. A 50%
safety factor shall be applied to the calculated percolation test and shall be used
as the basis for design (the design percolation rate). The geotechnical report shall
include a section designated for stormwater design, including percolation results
and design parameters. (PUBLIC WORKS)
63. REGIONAL BOARD STORMWATER REVIEW: This project may be subject to an
audit by the Central Coast Regional Board. City may be required to provide the
project stormwater design and storm water management plan for Regional Board
review and comment. Prior to building permit issuance, the project shall receive
approval or acknowledgment by the Regional Board. The project may need to
provide the Regional Board any and all necessary documents (including reports,
technical data, plans, etc.) for the Regional Board approval. (PUBLIC WORKS)
The following conditions shall be complied with AT ALL TIMES DURING THE
CONSTRUCTION PHASE OF THE PROJECT, or if another deadline is specified in a
condition, at that time.
64. PUBLIC WORKS CONSTRUCTION ACTIVITIES: The City shall be notified at
least ten (10) working days prior to the start of any construction work, and at that
time the contractor shall provide a project construction and phasing schedule, and
a 24-hour emergency telephone number list. The schedule shall be in Microsoft
Project, or an approved equal, and shall identify the scheduled critical path for the
installation of improvements to the approval of the City Engineer. The schedule
shall be updated weekly. The approved construction and phasing schedule shall
be shared with Gilroy Unified School District (GUSD) to avoid traffic impacts to
surrounding school functions. An approved construction information handout(s)
shall also be provided to GUSD to share with school parents. (PUBLIC WORKS)
a. All work shown on the improvement plans shall be inspected to the
approval of the City Engineer as applicable. Uninspected work shall be
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removed as deemed appropriate by the City Engineer.
b. Construction activities that will impact 10th Street and Church St shall
be performed at night time. Nonpublic roadway related work part of the
Public Works permit shall be restricted to the weekday between 7:00
a.m. and 7:00 p.m., Saturday 9:00 a.m. to 7:00 p.m. for general
construction activities. No work shall be done on Sundays and on City
Holidays unless otherwise approved by the City Engineer. Please note
that no work shall be allowed to take place within the City right-of-way
after 5:00 p.m. Monday through Friday. In addition, no work being done
under the issuance of a Public Works encroachment permit may be
performed on the weekend unless prior approvals have been granted by
Public Works. The City Engineer may apply additional construction
period restrictions, as necessary, to accommodate standard commute
traffic along arterial roadways and along school commute routes. Signs
outlining the project construction times shall be posted at conspicuous
locations on site where it is visible to the public. The signs shall be per
the City Standard Drawing for posting construction hours. The sign shall
be kept free of graffiti at all times. Contact the Public Works Department
to obtain sample City Standard sign outlining hours of operation.
c. The allowed hours of Public Works construction activities may be
waived or modified through an exemption, for limited periods, if the City
Engineer finds that the following criteria are met:
i. Permitting extended hours of construction will decrease the
total time needed to complete the project thus mitigating the
total amount of noise associated with the project as a whole;
or,
ii. Permitting extended hours of construction are required to
accommodate design or engineering requirements, such as a
large concrete pour. Such a need would be determi ned by the
project's design engineer and require approval of the City
Engineer.
iii. An emergency situation exists where the construction work is
necessary to correct an unsafe or dangerous condition resulting
in obvious and eminent peril to public health and safety. If such
a condition exists, the City may waive any of the remaining
requirements outlined below.
iv. The exemption will not conflict with any other condition of
approval required by the City to mitigate significant impacts.
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v. The contractor or owner of the property will notify residential and
commercial occupants of property adjacent to the construction
site of the hours of construction activity which may impact the
area. This notification must be provided three days prior to the
start of the extended construction activity.
vi. The approved hours of construction activity will be posted at the
construction site in a place and manner that can be easily viewed
by any interested member of the public.
vii. The City Engineer may revoke the exemption at any time if the
contractor or owner of the property f ails to abide by the
conditions of exemption or if it is determined that the peace,
comfort and tranquility of the occupants of adjacent residential or
commercial properties are impaired because of the location and
nature of the construction. The waiver application must be
submitted to the Public Works Construction Inspector ten (10)
working days prior to the requested date of waiver.
d. The following provision to control traffic congestion, noise, and dust
shall be followed during site excavation, grading and construction:
i. All construction vehicles should be properly maintained and
equipped with exhaust mufflers that meet State standards.
ii. Blowing dust shall be reduced by timing construction activities
so that paving and building construction begin as soon as
possible after completion of grading, and by landscaping
disturbed soils as soon as possible.
iii. Further, water trucks shall be present and in use at the
construction site. All portions of the site subject to b lowing dust
shall be watered as often as deemed necessary by the Ci ty, or a
minimum of three times daily, or apply (non-toxic) soil stabilizers
on all unpaved access roads, parking areas, and staging areas at
construction sites in order to insure proper control of blowing dust
for the duration of the project.
iv. Watering on public streets, and wash down of dirt and debris
into storm drain systems will not be allowed. Streets will be
cleaned by street sweepers or by hand as often as deemed
necessary by the Construction Inspector, or at least once a day.
Watering associated with on-site construction activity shall take
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place between the hours of 8 a.m. and 5 p.m. and shall include at
least one late-afternoon watering to minimize the effects of
blowing dust. Recycled water shall be used for construction
watering to manage dust control where possible, as determined
by the City Engineer. Recycled water shall be billed at the
municipal industrial rate based on the current Santa Clara Valley
Water District’s municipal industrial rate. Where recycled water is
not available potable water shall be used. All potable
construction water from fire hydrants shall be metered and billed
at the current portable fire hydrant meter rate.
v. All public streets soiled or littered due to this construction
activity shall be cleaned and swept on a daily basis during the
workweek to the satisfaction of the Construction Inspector.
vi. Construction grading activity shall be discontinued in wind
conditions that in the opinion of the P ublic Works Construction
Inspector cause excessive neighborhood dust problems.
vii. Site dirt shall not be tracked into the public right-of-way, and
shall be cleaned immediately if done, o r the project may risk being
shut down. Mud, silt, concrete and other construction debris shall
not be washed into the City’s storm drains.
viii. Construction activities shall be scheduled so that paving and
foundation placement begin immediately upon completion of
grading operation.
ix. All aggregate materials transported to and from the site shall
be covered in accordance with Section 23114 of t he California
Vehicle Code during transit to and from the site.
x. Prior to issuance of any permit, the applicant shall submit any
applicable pedestrian or traffic detour plans, to the satis faction of
the City Engineer, for any lane or sidewalk closures. T he traffic
control plan shall be prepared by a licensed professional engineer
with experience in preparing such plans. The Traffic Control Plan
shall be prepared by a licensed engineer in accordance with the
requirements of the latest edition of the Calif ornia Manual on
Uniform Traffic Control Devices (MUTCD) and standard
construction practices. The Traffic Control Plan shall be approved
prior to the commencement of any work within the public right-of-
way.
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xi. During construction, the applicant shall make accessible any
or all City utilities as directed by the City Engineer.
xii. The minimum soils sampling and testing frequency shall
conform to Chapter 8 of the Caltrans Construction Manual. The
applicant shall require the soils engineer submit to daily testin g
and sampling reports to the City Engineer.
65. HERITAGE TREE PROTECTION MEASURES: The applicant shall submit a tree
protection plan showing how all on and off -site heritage trees will be protected
during construction. All approved and installed Heritage Tree protection measures
shall be installed prior to any site activities and maintained throughout the period of
construction. The Project Arborist shall complete inspections on an as -need basis
during the construction period and shall submit a monthly re port of his/her findings
in a letter sent by fax or email to the City Planner assigned to this project.
(PUBLIC WORKS)
66. PROJECT CLOSE-OUT: Prior to City acceptance of all tract subdivision and
property improvement agreements, the applicant shall comply with all City
construction close-out procedures to the approval of the City Engineer. Refer to
the City’s website for a copy of these procedure. Prior to final inspections, all
pertinent conditions of approval and all improvements shall be completed to th e
satisfaction of the Planning Director and City Engineer. A letter indicating that all
project conditions have been met shall be submitted prior to the first occupancy.
All public improvements, including the complete installation of all improvements
relative to streets, fencing, sanitary sewer, storm drainage, water system,
underground utilities, etc., shall be completed and attested to by the City Engineer
before approval of occupancy of any unit. Where facilities of other agencies are
involved, such installation shall be verified as having been completed and
accepted by those agencies. In addition, the applicant shall submit a detailed
project cost estimate of all public improvements c onstructed on-site and within the
public right-of-way. The cost estimate shall be prepared by the project engineer,
and be to the approval of the City Engineer. The cost estimate shall be broken out
into on-site and off-site improvements based on the format provided by the City.
Until such time as all improvements required are fully completed and accepted by
City, the applicant shall be responsible for the care maintenance of and any
damage to such improvements. City shall not, nor shall any officer or employee
thereof, be liable or responsible for any accident, loss or damage, regardless of
cause, happening or occurring to the work or Improvements required for this
project prior to the completion and acceptance of the work or Improvements. All
such risks shall be the responsibility of, and are hereby assumed by the a pplicant.
(PUBLIC WORKS)
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67. CONSTRUCTION WORKER PARKING: The applicant shall provide a
construction-parking plan that minimizes the effect of construction worker parking
in the neighborhood and shall include an estimate of the number of workers that
will be present on the site during the various phases of construction and indicate
where sufficient off-street parking will be utilized and identify any locations for off-
site material deliveries. Said plan shall be approved by the City Engineer prior to
issuance of City permits and shall be complied with at all times during construction.
Failure to enforce the parking plan may result in suspension of the City permits.
No vehicle having a manufacturer's rated gross vehicle weight exceeding ten
thousand (10,000) pounds shall be allowed to park on the portion of a street which
abuts property in a residential zone without prior approval from the City Engineer
(§15.40.070). (PUBLIC WORKS)
68. SITE WATER DISCHARGE: In accordance with the City’s Municipal Code,
Prohibition of Illegal Discharges (Gilroy Municipal Code Section 27C.7), the City
Engineer may approve the discharge of uncontaminated pumped ground waters to
the sanitary sewer only when such source is deemed unacceptable by State and
Federal authorities for discharge to surface waters of the United States, whether
pretreated or untreated, and for which no reasonable alternative method of
disposal is available. Following the verification of the applicable local, state and/or
federal approvals, a Discharge Plan will be approved and monitored by the City
Engineer. (PUBLIC WORKS)
69. ARCHITECTURAL COPPER: Per Gilroy Municipal Code Section 27C.7 Prohibition
of Illegal Discharges, the applicant shall follow the specific best management
practices for the installation of the Architectural Copper. For detailed information
please distribute the flyer to all construction personnel involved in the fabrication
and installation of the Architectural Copper that is located at:
http://flowstobay.org/files/newdevelopment/flyersfactsheets/ArchitecturalcopperBMPs.pdf
(PUBLIC WORKS)
The following conditions shall be complied with AT ALL TIMES that the use permitted
by this entitlement occupies the premises
70. POST CONSTRUCTION BEST MANAGEMENT PRACTICES (BMP): In
accordance with Gilroy Municipal Code Chapter 27D Post Construction Storm
Water Pollution Prevention all projects that meet the criteria described in the Storm
Water Guidance Manual for Low Impact Development and Post-Construction
Requirements shall prepare a storm water control plan (SW CP) and shall meet the
requirements of the design standards and selecti on of best management practices
and shall be selected and designed to the satisfaction of the City Engineer or
designee. Requirements shall include:
a. Owner/occupant shall inspect private storm drain facilities at least two (2)
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times per year and sweep parking lots immediately prior to and once during
the storm season.
b. The applicant shall be charged the cost of abatement for issues associated
with, but not limited to, inspection of the private storm drain facilities,
emergency maintenance needed to protect public health or watercourses,
and facility replacement or repair in the event that the treatment facility is no
longer able to meet performance standards or has deteriorated. Any
abatement activity performed on the applicant’s property by City staff will be
charged to the applicant at the City’s adopted hourly rate.
c. Label new and redeveloped storm drain inlets with the phrase “No Dumping:
Drains to Bay” plaques to alert the public to the destination of storm water
and to prevent direct discharge of pollu tants into the storm drain. Template
ordering information is available at www.flowstobay.org.
d. All process equipment, oils fuels, solvents, coolants, fertilizers, pesticides,
and similar chemical products, as well as petroleum based wastes, tallow,
and grease planned for storage outdoors shall be stored in covered
containers at all times.
e. All public outdoor spaces and trails shall include installation and upkeep of
dog waste stations.
Garbage and recycling receptacles and bins shall be designed and maintained with
permanent covers to prevent exposure of trash to rain. Trash enclosure drains
shall be connected to the sanitary sewer system. (PUBLIC WORKS)
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RESOLUTION 2023-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING A TENTATIVE MAP TO SUBDIVIDE A
0.87-ACRE SITE INTO THREE PARCELS, LOCATED AT
7040 CHURCH STREET, APN: 799-11-068 (FILE NUMBER
TM 22-03)
WHEREAS, On May 18, 2022, an application was filed by Amanda Musy-Verdel
proposing subdivision of a 0.87-acre site into three lots, located at 7040 Church Street
within the City of Gilroy R-2 Two-Family Residential zoning district; and
WHEREAS, the application submittal was deemed complete on June 12, 2023;
and
WHEREAS, an updated Department of Parks and Recreation (DPR) form was
completed by Dudek Architectural Historians on May 8, 2023, and determined the
proposed subdivision would not cause a substantial adverse change in the significance
of a historical resource; and
WHEREAS, the proposed subdivision qualifies as exempt from further
environmental review and qualifies for the State CEQA Guidelines section 15315 (Class
15, Minor Land Divisions), because the proposed subdivision results in less than four
parcels, is in conformance with the City’s General Plan and Zoning, seeks no exceptions
or variances, and all services and access to the resulting parcels are available; and
WHEREAS, the tentative map was referred to various public utility companies and
City departments, including the Technical Advisory Committee for their review and
recommendations to ensure compliance with applicable service and development
requirements; and
WHEREAS, on August 3, 2023, the Planning Commission held a duly noticed
public meeting at which time the Planning Commission received and considered the staff
report as well as all evidence received including written and oral public testimony related
to the project TM 22-03 and voted unanimously to recommend approval of the project;
and
WHEREAS, the City may deny a tentative map only if, based upon substantial
evidence in the record, it makes one or more of the seven listed findings for denial
prescribed by Government Code Section 66474. Staff has reviewed the findings and
concluded that project denial based on these findings would not be supported, and
alternatively, that each of the seven findings may be made to support approval of the
project; and
WHEREAS, on September 11, 2023, the City Council held a duly noticed public
meeting at which time the Council received and considered the staff report as well as all
evidence received including written and oral public testimony related to the project TM
22-03; and
Agenda Item 10.1
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Resolution No. 2023-XX
Approving TM 22-03
City Council Regular Meeting | September 11, 2023
Page 2 of 30
WHEREAS, the location and custodian of the documents or other materials which
constitute the record of proceedings upon which the project approval is based is the
Community Development Department, Planning Division.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Gilroy
hereby find as follows:
FINDINGS
1. The proposed subdivision TM 22-03 is not consistent with applicable general and
specific plans as specified in 65451.
This Finding cannot be made. The proposed subdivision TM 22-03 is consistent
with the intent of the goals and policies of the City's General Plan and the
residential density and uses anticipated within the General Plan Low Density
Residential land use designation.
2. That the design or improvement of the proposed subdivision TM 22-03 is not
consistent with applicable general and specific plans.
This Finding cannot be made. The design or improvement of the proposed
subdivision TM 22-03 is consistent with the applicable general plan given that the
parcel split does not involve any changes to existing land uses, and the lot size,
shape and location complies with the 2040 General Plan Low Density Residential
land use designation.
3. That the site is not physically suitable for the type of development.
This Finding cannot be made. The site is physically suitable for the type of
development given that the property is already developed with a residential use
in compliance with all codes and standards, does not have unique physical
constraints, the size and geometry of the property comply with all applicable
codes and ordinances, and there are no exceptions requested or proposed to the
site development standards.
4. That the site is not physically suitable for the proposed density of development.
This Finding cannot be made The site is physically suitable for the proposed
density of development, given that the resulting lots would accommodate the
existing single family home and water tank building, a single-family home or
duplex on each of the remaining lots, and parking required for the sites after
subdivision, consistent with the City Zoning Ordinance and the 2040 General
Plan Low Density Residential land use designation.
Agenda Item 10.1
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Resolution No. 2023-XX
Approving TM 22-03
City Council Regular Meeting | September 11, 2023
Page 3 of 30
5. That the design of the proposed subdivision TM 22-03 or the proposed
improvements are likely to cause substantial environmental damage or
substantially and avoidably injure fish or wildlife or their habitat.
This Finding cannot be made The design of the proposed subdivision TM 22-03
or the proposed improvements will not cause substantial environmental damage
or injure fish or wildlife or their habitat because the site is located within a
developed urban context and is not in or adjacent to any sensitive habitat areas.
6. That the design of the subdivision or type of improvements is likely to cause
serious public health problems.
This Finding cannot be made. The design of the proposed subdivision TM 22-03
will not cause serious public health problems because the site is located within
an urban context and has access to urban services including sewer and water.
7. That the design of the proposed subdivision TM 22-03 or the type of
improvements will conflict with easements, acquired by the public at large, for
access through or use of, property within the proposed subdivision. In this
connection, the governing body may approve a map if it finds that alternate
easements, for access or for use, will be provided, and that these will be
substantially equivalent to ones previously acquired by the public. This
subsection shall apply only to easements of record or to easements established
by judgment of a court of competent jurisdiction and no authority is hereby
granted to a legislative body to determine that the public at large has acquired
easements for access through or use of property within the proposed subdivision.
This Finding cannot be made. The design of the proposed subdivision TM 22-03
will not conflict with access easements because there are no known existing
access easements encumbering this property.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Gilroy
hereby approved the Tentative Map Application No. TM 22-03, subject to the conditions
attached hereto as Exhibit A.
Agenda Item 10.1
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Resolution No. 2023-XX
Approving TM 22-03
City Council Regular Meeting | September 11, 2023
Page 4 of 30
PASSED AND ADOPTED by the City Council of the City of Gilroy at a regular
meeting duly held on the 11th day of September 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
Agenda Item 10.1
Agenda Packet Page 159 of 188
Resolution No. 2023-XX
Approving TM 22-03
City Council Regular Meeting | September 11, 2023
Page 5 of 30
EXHIBIT A
TENTATIVE MAP CONDITIONS OF APPROVAL
7040 CHURCH STREET LOT SPLIT
TM 22-03
PLANNING DIVISION CONDITIONS
The following GENERAL conditions authorize specific terms of the project
ENTITLEMENT.
1.APPROVED PROJECT: The approval for Tentative Parcel Map TM 22-03 is granted
to subdivide 0.87 acres into three (3) residential parcels, located at 7040 Church
Street located on Assessor Parcel No. 799-11-068 as shown on Project Plans dated
and received by the Planning Division on July 6, 2023, prepared by Hanna-Brunetti,
dated June 2023, and consisting of 2 sheets.
Any future adjustment or modification to the plans, including any changes made at
time of building permit submittal, shall be considered by the Community Development
Director or designee, may require separate discretionary approval, and shall conform
to all City, State, and Federal requirements, including subsequent City Code
requirements or policies adopted by City Council.
2.COMPLIANCE WITH CONDITIONS: If Developer or owner fails to comply with any
of the conditions of this permit, the Developer or owner shall be subject to permit
revocation or enforcement actions pursuant to the City Code. All costs associated
with any such actions shall be the responsibility of Developer or owner.
3.INDEMNIFICATION: Developer agrees, as a condition of permit approval, at
Developer’s own expense, to defend, indemnify, and hold harmless the City of Gilroy
(“the City”) and its officers, contractors, consultants, attorneys, employees and
agents from any and all claim(s), action(s) or proceeding(s) brought against the City
or its officers, contractors, consultants, attorneys, employees, or agents to challenge,
attack, set aside, void or annul the approval of this resolution or any condition
attached thereto or any proceedings, acts or determinations taken, including actions
taken under the California Environmental Quality Act of 1970, as amended, done or
made prior to the approval of such resolution that were part of the approval process.
The following conditions shall be met prior to the approval of the FINAL MAP or
PARCEL MAP, or other deadline as specified in the condition.
Agenda Item 10.1
Agenda Packet Page 160 of 188
Resolution No. 2023-XX
Approving TM 22-03
City Council Regular Meeting | September 11, 2023
Page 6 of 30
4.TENTATIVE MAP: An approved tentative map or vesting tentative map shall expire
twenty-four (24) months from the approval date and may be extended pursuant to the
provisions of the Map Act if the final map is not approved prior to expiration.
PUBLIC WORKS CONDITIONS OF APPROVAL
The following conditions authorize the specific terms and are a part of the project
ENTITLEMENT(S); and which shall be addressed on the construction plans submitted
for any BUILDING PERMIT, GRADING PERMIT or SUPERSTRUCTURE, and shall be
satisfied prior to issuance of whichever permit is issued first, or if another deadline is
specified in a condition, at that time.
5.PAYMENT OF PUBLIC WORKS PLAN CHECK AND INSPECTION FEE: At the
time of first improvement plan submittal, the applicant shall submit a $10,000.00
(Ten thousand dollar) initial deposit for project plan check and construction
inspection. This deposit will be credited/accounted toward final plan check and
inspection fee for the project.
In addition, the applicant shall submit a detailed project cost estimate prepared by
the project engineer, to approval of the City Engineer, with the initial project plan
submittal. The cost estimate shall be broken out into on-site and off-site
improvements. Prior to plan approval, the applicant shall pay 100% of the plan
check and inspection fee based on the approved project cost estimate. Public
Works will not sign-off on the issuance of the project building permit without full
payment of this plan check and inspection fee. (PUBLIC WORKS).
6.PLAN SUBMITTAL: The Engineering project plans shall be submitted, in full, with
the building permit plans. Improvement plans are required for both on-site and off-
site improvements, and the improvement plan set cover sheet shall include an
index referencing on-site and off-site improvements. All improvements shall be
designed and constructed in accordance with the City of Gilroy Municipal Code and
Standard Specifications and Details and are subject to all laws of the City of Gilroy
by reference. The improvement plans shall include all civil project plans including,
but not limited to, site plans, grading plans, utility plans, joint trench, off-site plans,
lighting (photometric) plans, and landscaping plans within the public right-of-way.
The plan shall clearly identify both public and private utilities. The improvement
plans shall be submitted with the Public Works Engineering submittal checklist
provided by the City, and available on the City website.
In addition:
a. A complete set of improvement plans shall consist of Civil site design,
landscape site design, Electrical, Joint Trench. Any walls or structural
features part of the landscape design shall also be included;
Agenda Item 10.1
Agenda Packet Page 161 of 188
Resolution No. 2023-XX
Approving TM 22-03
City Council Regular Meeting | September 11, 2023
Page 7 of 30
b. Improvement plans are required for both on-site and off-site improvements.
A separate plan set for each shall be prepared, or at the approval of the City
Engineer, onsite and offsite sheets can be combined into one plan set;
c. The improvement plan submittal, including utility sheets, shall show
appropriate line types and labels to identify different type of utilities and pipe
sizes. Utility boxes, hydrants, backflow preventers, etc. shall be
relocated/installed behind the back of sidewalk;
d. Improvement plans (as second sheet in plan set) shall contain Approved
Conditions of Approval;
e. Improvement plans shall include General Notes found in the City of Gilroy
General Guidelines;
f. Improvement plans shall be completed per the Public Works Engineering
submittal checklist, which can be found in the City’s website. At first
submittal, a completed checklist shall be included in the submittal package,
and shall show which items have been included.
g. The improvement plan cover sheet shall include a table summarizing all
facilities (Streets, Utilities, Parks, Landscaping, etc.), showing the ownership
of all facilities, access rights to, and the maintenance responsibilities of all
facilities;
h. Improvement and grading plans shall show existing topo and features at
least 50’ beyond the project boundary. The plan shall clearly show existing
topo, label contour elevations, drainage patterns, flow lines, slopes, and all
other property encumbrances;
i. If the project has excess fill or cut that will be off-hauled to a site or on-
hauled from a site within the city limits of Gilroy, an additional Haul Permit is
required. A statement indicating the need to obtain a Haul Permit must be
added as a general note to the Grading and Drainage Plan;
j. All grading and improvement plans shall identify the vertical elevation
datum, date of survey, and surveyor;
k. A Title Report shall be submitted with first submittal improvement plans. An
existing site plan shall be submitted showing all existing site conditions and
title report easements. The plan shall include bearing and distance
information for all right-of-way and easements;
l. The plan shall show any proposed easements to be dedicated for any
needed purpose, or any easement expected to be abandoned through
separate instrument. This includes PUE, PSE, EVAE, Cross-Property
Access Easement, Landscape Easement, Drainage Easement, Pole Line
Easement, etc.;
m. To ensure the plans are coordinated and there are no conflicts between
disciplines, the applicant shall provide a “composite exhibit” showing Civil,
Landscape, Electrical, and Joint Trench design information (as a separate
sheet titled “Composite Plan”) to confirm that there are no conflicts;
Agenda Item 10.1
Agenda Packet Page 162 of 188
Resolution No. 2023-XX
Approving TM 22-03
City Council Regular Meeting | September 11, 2023
Page 8 of 30
n. All Solid Waste Vehicle circulation movements shall be modeled and shown
on a separate plan sheet. The circulation plan shall be prepared to the City
Engineer’s satisfaction, and modeled using AutoTurn swept analysis
software, and shall include all turning and street circulation movements;
o. All Emergency Vehicle circulation movements shall be modeled and shown
on a separate plan sheet. The circulation plan shall be prepared to the City
Engineer’s satisfaction, and modeled using AutoTurn swept analysis
software, and shall include all turning and street circulation movements;
p. All utility boxes exposed to traffic or in a driveway, including sanitary sewer
and/or water meter boxes, shall have traffic-rated boxes and lids;
q. All on-site recycled water system improvements, including appurtenances,
shall be located within a PSE. (PUBLIC WORKS)
7.UTILITY PLANS: A utility plan shall be provided for all projects as specified within
these conditions of approval. To ensure coordination between the applicant and
the relevant utility company:
a. The applicant shall provide joint trench composite plans for the underground
electrical, gas, telephone, cable television, and communication conduits and
cables including the size, location and details of all trenches, locations of
building utility service stubs and meters and placements or arrangements of
junction structures as a part of the Improvement Plan submittals for the
project. Show preferred and alternative locations for all utility vaults and
boxes if project has not obtained PG&E approval. A licensed Civil or
Electrical Engineer shall sign the composite drawings and/or utility
improvement plans. (All dry utilities shall be placed underground).
b. The applicant shall negotiate any necessary right-of-way or easement with
PG&E, or any other utilities, subject to the review and approval by the
Engineering Division and the utility companies.
c. A “Will Serve Letter” shall be provided for each utility company expected to
service the subdivision. Early coordination with the utility companies is
necessary to obtain this letter. Coordination of City utilities shall be through
the Engineering Division.
d. A note shall be placed on the joint trench composite plans which states that
the plan agrees with City Codes and Standards and that no underground
utility conflict exists. (PUBLIC WORKS)
8.UTILITY RESPONSIBILITIES: Storm and sewer utilities in private areas shall be
privately owned and privately maintained. The water system in Gilroy is owned
and maintained by the City. Conversely, public utilities within utility easements on
private property remain the responsibility of the individual utility companies to
maintain. The plans shall note the inspection, ownership and maintenance
responsibility for each utility shown on the plans within a Table of Responsibilities
on the project cover sheet of the improvement plans submitted with the initial plan
Agenda Item 10.1
Agenda Packet Page 163 of 188
Resolution No. 2023-XX
Approving TM 22-03
City Council Regular Meeting | September 11, 2023
Page 9 of 30
submittal. The table shall include the list of streets, the responsible party for
inspection of the improvements, who is responsible for the ownership of the utility,
and who is responsible for the maintenance of the utility. An example of this table,
including the types of utilities to be listed, can be provided by the Engineering
Division upon request. (PUBLIC WORKS)
9.PREPARATION OF ELECTRICAL PLANS: The project electrical plans shall be
prepared by a registered professional engineer experienced in preparing these
types of plans. The applicant shall submit, with the improvement plans submitted
with the initial plan submittal, a letter from the design Electrical or Civil Engineer
that states the electrical plan conform to City Codes and Standards, and to the
approved improvement plans. The letter shall be signed and stamped by the
professional engineer that prepares the improvement plans. (PUBLIC WORKS)
10.EXISTING FACILITIES PROTECTION: All existing public utilities shall be
protected in place and if necessary, relocated as approved by the City Engineer.
No permanent structure is permitted within City easements without the approval of
the City of Gilroy. (PUBLIC WORKS)
11.STORMWATER TREATMENT: This project is subject to stormwater design
considering full project boundary shown on the tentative map. Collectively or
individually, all lots will perform stormwater calculations and mitigate for stormwater
impacts. (PUBLIC WORKS)
12.WATER QUALITY: Project design shall comply with the Stormwater Management
Guidance Manual for Low Impact Development & Post-Construction Requirements.
The applicant shall submit the Source Control Checklist as well as the appropriate
Performance Requirements Checklist found in Appendix A of the manual at the
time of the initial submittal for building permit. The manual can be found at the
following site: www.cityofgilroy.org/261/Storm-Water-Management
(PUBLIC WORKS)
13.DEVELOPER STORM WATER QUALITY RESPONSIBILITY: The developer is
responsible for ensuring that all contractors are aware of all storm water quality
measures, and implement such measures. Failure to comply with the approved
construction BMPs will result in the issuance of correction notices, citations, or a
project stop order. (PUBLIC WORKS)
14.BEST MANAGEMENT PRACTICES (BMP): The applicant shall perform all
construction activities in accordance with Gilroy Municipal Code Section 27C,
Municipal Storm Water Quality Protection and Discharge Controls, and Section
E.10, Construction Site Storm Water Run-Off Control Program of the Regional
NPDES Permit. Detailed information can be located at:
Agenda Item 10.1
Agenda Packet Page 164 of 188
Resolution No. 2023-XX
Approving TM 22-03
City Council Regular Meeting | September 11, 2023
Page 10 of 30
www.flowstobay.org/documents/business/construction/SWPPP.pdf. This sheet
shall be printed and included in all building construction plan sets permitted for
construction in the City of Gilroy. (PUBLIC WORKS)
15.FIRE DEPARTMENT HYDRANT FLOW TEST: The applicant shall perform a Fire
Hydrant flow test to confirm the water system will adequately serve the
development and will modify any part of the systems that does not perform to the
standards established by the City. Applicant shall coordinate with Fire Department
for the Fire Hydrant flow test. The flow test results shall be submitted with the
initial plan submittal. (PUBLIC WORKS)
16.WATER CONSERVATION: The project shall fully comply with the measures
required by the City’s Water Supply Shortage Regulations Ordinance (Gilroy City
Code, Chapter 27, Article VI), and subsequent amendments to meet the
requirements imposed by the State of California’s Water Board. This ordinance
established permanent voluntary water saving measures and temporary
conservation standards. (PUBLIC WORKS)
17.PROJECT STUDIES: The applicant shall submit, for City approval, any applicable
water, sewer, storm drain or traffic studies for the development deemed
appropriate by the City Engineer. These studies shall provide the supporting
hydraulic calculation for pipe sizing per the City Standard Design Guidelines. The
study shall be reviewed and approved by Engineering. If the results of the study
indicate that this development contributes to the over-capacity of the trunk line, the
applicant will be required to mitigate the impact by removing and replacing or
upsizing of the existing utilities to accommodate the appropriate level of project
flows to the approval of the City Engineer. The improvements shall be addressed
on the construction drawings, to the approval of the City Engineer, prior to the
issuance of the first building permit. (PUBLIC WORKS)
18.IMPACT FEES: The project is subject to the City’s Street Tree, Storm, Sewer,
Water, Traffic, and Public Facilities Development Impact and Stormwater
Management Fees. The City’s latest impact fee schedule is available on the City’s
website. Payment of all Impact and Stormwater Management Fees is required at
first building permit issuance. Fees shall be based on the current fee schedule in
effect at the time of fee payment, consistent with and in accordance with City
policy. Note that impact fees increase at the beginning of each fiscal year, July 1.
Specific fee language is provided further in these conditions of approval. (PUBLIC
WORKS)
19.STORMWATER MANAGEMENT PLAN: At first improvement plan submittal, the
applicant shall submit a Storm Water Management Plan (SWMP) prepared by a
registered Civil Engineer. The SWMP shall analyze the existing and ultimate
Agenda Item 10.1
Agenda Packet Page 165 of 188
Resolution No. 2023-XX
Approving TM 22-03
City Council Regular Meeting | September 11, 2023
Page 11 of 30
conditions and facilities, and the study shall include all off-site tributary areas.
Study and the design shall be in compliance with the City’s Stormwater
Management Guidance Manual (latest edition). Existing off-site drainage patterns,
i.e., tributary areas, drainage amount, and velocity shall not be altered by the
development. The plan shall be to the approval of the City Engineer and shall be
approved prior to the issuance of the building permit. (PUBLIC WORKS)
20.STORMWATER CONTROL PLAN: At first improvement plan submittal, the
applicant shall submit a design level Stormwater Control Plan Report (in 8 ½ x 11
report format), to include background, summary, and explanation of all aspects of
stormwater management. The report shall also include exhibits, tables,
calculations, and all technical information supporting facts, including but not limited
to, exhibit of the proposed site conditions, which clearly delineates impervious and
pervious areas on site. The plan shall provide a separate hatch or shading for
landscaping/pervious areas on-site including those areas that are not bio-retention
areas. This stormwater control plan report format does not replace, or is not in-lieu
of any stormwater control plan sheet in the improvement plans. The stormwater
control plan shall include a signed Performance Requirement Certifications
specified in the Stormwater Guidance Manual. At applicant’s sole expense, the
stormwater control plan shall be submitted for review by an independent third party
accepted by the City for compliance. Result of the peer review shall be submittal
and approved by the City Engineer prior to the issuance of the first building permit.
(PUBLIC WORKS)
21.REPAIR OF PUBLIC IMPROVEMENTS: The applicant shall repair or replace all
existing improvements not designated for removal, and all new improvements that
are damaged during construction or removed because of the applicant’s
operations. The applicant shall request a walk-through with the Engineering
Construction Inspector before the start of construction to verify existing conditions.
Said repairs shall be completed prior to the first occupancy of the project. (PUBLIC
WORKS)
22.TRIANGULAR AREA OF VISIBILITY : Landscaping and permanent structures
located within the 10' triangular area of visibility at the driveway, and 45’ triangular
area of visibility at any project corner, shall have a minimum vertical clearance of
9’, and/or be less than 2’ in height. This includes all PG&E above ground
structures and other utility facilities. The sight triangle shall be shown on the site
civil plans, to the approval of the City Engineer, to demonstrate this condition.
(PUBLIC WORKS)
23.GRADING & DRAINAGE: All grading activity shall address National Pollutant
Discharge Elimination System (NPDES) concerns. There shall be no earthwork
disturbance or grading activities between October 15th and April 15th unless
otherwise approved by the City Engineer. If approved, the applicant shall submit a
Agenda Item 10.1
Agenda Packet Page 166 of 188
Resolution No. 2023-XX
Approving TM 22-03
City Council Regular Meeting | September 11, 2023
Page 12 of 30
Winterization Erosion Control Plan to the City Engineer for review and approval.
This plan shall incorporate erosion control devices and other techniques in
accordance with Gilroy Municipal Code § 27C to minimize erosion. Specific
measures to control sediment runoff, construction pollution and other potential
construction contamination sediment runoff, construction pollution and other
potential construction contamination shall be addressed through the Erosion
Control Plan and Storm Water Pollution Prevention Plan (SWPPP). The SWPPP
shall supplement the Erosion Control Plan and project improvement plans. These
documents shall also be kept on-site while the project is under construction. A
Notice of Intent (NOI) shall be filed with the State Water Resources Control Board,
with a copy provided to the Engineering Division before a grading permit will be
issued. A project WDID# shall be added to the grading plans prior to plan approval.
(PUBLIC WORKS)
24.GEOTECHNICAL ENGINEER: Prior to building permit issuance, the applicant’s
Geotechnical Engineer shall review the final grading, pavement design and
drainage plans to ensure that said designs are in accordance with the
recommendations or the project geotechnical study, and the peer review
comments. The applicant’s Geotechnical Engineer’s approval shall then be
conveyed to the City either by letter, or by signing the plans.
All grading operations and soil compaction activities shall be per the approved
project’s design level geotechnical report. All grading activities shall be conducted
under the observation of, and tested by, a licensed geotechnical engineer. A report
shall be filed with the City of Gilroy for each phase of construction, stating that all
grading activities were performed in conformance with the requirements of the
project’s geotechnical report. The applicant shall add this condition to the general
notes on the grading plan.
Certification of grades and compaction are required prior to Building Permit final.
This statement must be added as a general note to the Grading and Drainage
Plan. (PUBLIC WORKS)
25.TREE REMOVAL PERMIT: The applicant shall obtain a Tree Removal Permit from
the Engineering Division for removal of existing trees in the public right-of-way,
prior to the issuance of a building permit or demolition building permit, whichever is
issued first. (PUBLIC WORKS)
26.ENCROACHMENT PERMITS, BONDS, AND INSURANCE: The applicant must
obtain an encroachment permit, posting the required bonds and insurance, and
provide a one (1) year warranty for all work to be done in the City's right-of-way or
City easement. This encroachment permit shall be obtained prior to the issuance
of a foundation building permit and prior to any work being done in the City's
right-of-way. All existing public utilities shall be protected in place and if necessary
Agenda Item 10.1
Agenda Packet Page 167 of 188
Resolution No. 2023-XX
Approving TM 22-03
City Council Regular Meeting | September 11, 2023
Page 13 of 30
relocated as approved by the City Engineer. No permanent structures are
permitted within the City right-of-way, or within any City easement unless otherwise
approved by the City Engineer. The applicant shall have street improvement plans
prepared for all work in the public right-of-way by a licensed civil engineer, whose
signed engineer’s stamp shall appear on the plans. Prior to issuance of the
encroachment permit, the applicant shall submit any applicable pedestrian or traffic
control plans for any lane or sidewalk closures. The traffic control plan shall
comply with the State of California Manual of Uniform Traffic Control Devices
(MUTCD), and standard construction practices. [(For major street improvements)
Construction plans for improvements in the right-of-way shall be submitted to the
City Engineer at 30%, 60%, and 90% design for review. All design assumptions
and criteria shall be submitted with each phase of design submittal. Project
specifications shall be included for review with the 90% design review.]
Final construction plans and specifications shall be approved by the City Engineer,
and released for construction, prior to the issuance of the encroachment permit.
The applicant is required to confirm the location of existing utility lines along the
project frontage by potholing. Prior to any potholing, applicant shall submit a
pothole plan for City review and approval. Applicant shall provide the pothole
result to the City Engineer prior to final design. Right-of-way improvements shall
include, at a minimum, the following items: (PUBLIC WORKS)
a.STREET TREES: The applicant shall plant street trees along the project
frontage to match the City of Gilroy’s Street Tree Plan in effect at the time of
construction. The street tree plans shall be per City Standard Drawings, and
will include City Standard tree grates.
b.STREET MARKINGS: The applicant shall install necessary street markings
of a material and design approved by the City Engineer and replace any that
are damaged during construction. These include but are not limited to all
pavement markings, painted curbs and handicap markings. All permanent
pavement markings shall be thermoplastic and comply with Caltrans
Standards. Color and location of painted curbs shall be shown on the plans
and are subject to approval by the City Engineer. Any existing painted curb
or pavement markings no longer required shall be removed by grinding if
thermoplastic, or sand blasting if in paint.
c.SIDEWALK: The applicant shall replace to existing City standards all
sidewalk surrounding the project site. Sidewalk replacement shall be
constructed per the City Standard Drawings.
d.CURB RAMP(S): The applicant shall remove and replace the curb ramps at
corner along the project frontage in accordance with the latest Caltrans
State Standard Drawing. The ramp "Case" shall be identified on the plans
and shall be to the approval of the City Engineer.
Agenda Item 10.1
Agenda Packet Page 168 of 188
Resolution No. 2023-XX
Approving TM 22-03
City Council Regular Meeting | September 11, 2023
Page 14 of 30
e.CURB AND GUTTER: The applicant shall replace to existing City standards
all damaged and non-standard curb and gutter surrounding the project site.
Add the following note to the plans: “The actual amount of curb and gutter to
be replaced shall be determined by the Public Works Construction Inspector
in the field prior to construction. New curb and gutter shall be constructed
per the City Standard Drawing STR-12. “
f.DRIVEWAY APPROACHES: The applicant is to remove the existing
driveway approaches that are not to current City Standard. The applicant
shall install City Standard Residential driveway approaches for each parcel
shown on the approved plans. This includes all driveway approaches
identified as “Future Driveway”.
g.SEWER LATERAL: The applicant shall install a sewer lateral and main line
connection to the existing sewer main located in adjacent property along the
rear property line per City Standard. The sewer lateral shall be sized in
accordance with the currently adopted Plumbing Code. A clean-out shall be
installed on the lateral within 10 feet of the sewer main. Connection to the
main will be with a sewer manhole per City Standard. The applicant is
advised that the City does not maintain private laterals in rear and side
yards.
h.SEWER CLEAN-OUT: The applicant shall install a sewer lateral clean-out at
the property line in accordance with the City Standard Drawing SWR-6.
i.STORM WATER CATCH BASIN(S): The applicant shall install standard
storm water catch basins, in accordance with the City Standard Drawing,
specifications and general guidelines.
j.SIDEWALK UNDERDRAIN(S): The applicant shall install standard sidewalk
underdrains in accordance with the City Standard Drawing STR-19.
k.STREET LIGHT(S): Pending the results of the provided off-site photometric
analysis, the applicant shall provide and install standard aluminum electrolier
street light(s) per City Standard Drawing EL-1 to EL-5. The applicant is
responsible for all PG&E service fees and hook-up charges. Any new service
point connection required to power the new lights shall be shown on the
construction drawings along with the conduit, pull boxes and other items
necessary to install the street lights. An Isometric lighting level needs to be
provided by the designer/contractor. A separate light study may be required
by the City Engineer. The new street light shall have 32’ mounting height per
Standard Drawing EL-3, with mounting arm length per Standard Drawing EL-
Agenda Item 10.1
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Resolution No. 2023-XX
Approving TM 22-03
City Council Regular Meeting | September 11, 2023
Page 15 of 30
4, the Fixture shall be Leotek GC1 or GC2 series in an approved configuration
per detail EL-2 or approved equal.
l.FIRE HYDRANTS: The applicant shall install new fire hydrants along the
project frontage. Spacing shall meet City and Fire Marshall requirements.
27.UTILITIES: All new services to the development shall be "underground service"
designed and installed in accordance with the Pacific Gas and Electric Company,
AT&T (phone) Company and local cable company regulations. Transformers and
switch gear cabinets shall be placed underground unless otherwise approved by
the Planning Director and the City Engineer. Underground utility plans must be
submitted to the City prior to installation. (PUBLIC WORKS)
28.STREET CUT MORATORIUM: 10th Street is part of the Street Cut Moratorium.
The project is making new pavement cuts on the newly resurfaced 10th Street
which reduces the City Pavement Condition Index. The project shall Grind and
pave the entire width of 10th Street (Lip of Gutter to Lip of Gutter) along project
frontage with a minimum 2.5” hot mix AC, and with pavement section dig-outs and
repairs. Extend of the dig-outs and repairs to be determined by the Developers
Geotechnical Engineer and to the satisfaction of the City Engineer. (PUBLIC
WORKS)
29.EXTERIOR SITE LIGHTING STANDARDS: The applicant shall submit a
photometric plan for on-site lighting showing lighting levels to Illuminating
Engineering Society (IES) Standards. The plan shall comply with the requirement
of an average of 1 foot-candle with a 4:1 minimum to average ratio and a minimum
lighting of 0.3 foot-candle. This lighting standard is applicable to all publicly-
accessibly parking lots, driveways, circulation areas, aisles, passageways,
recesses, and publicly-accessible grounds contiguous to all buildings. Private,
interior courtyards not accessible to the public are not required to meet this
standard. The lighting system shall be so designed as to limit light spill beyond
property lines and to shield the light source from view from off site. The photometric
plan shall be approved by the City Engineer or their designee and shall be
addressed on the construction plans submitted for any demolition permit, building
permit, or grading permit and shall be satisfied prior to issuance of whichever
permit is issued first. Any subsequent building permits that include any site lighting
shall also meet these requirements. (PUBLIC WORKS)
30.STREET LIGHTING STANDARDS: The applicant shall submit plans for
street/sidewalk showing lighting levels to Illuminating Engineering Society (IES)
Standards. The plan shall comply with lighting requirements as follows:
•Arterial Streets, 1.0fc average, 3/1 average to minimum uniformity, .34fc minimum
Agenda Item 10.1
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Resolution No. 2023-XX
Approving TM 22-03
City Council Regular Meeting | September 11, 2023
Page 16 of 30
•Collector Streets, .60fc average, 4/1 average to minimum uniformity, .15fc
minimum
•Local streets, .40fc average, 6/1 average to minimum uniformity, .07fc minimum
•High volume intersection, 1.1fc average, 3.1 average to minimum uniformity, .40fc
minimum
•Low volume intersection, .70fc average, 4/1 average to minimum uniformity, .18fc
minimum
The applicant shall submit a photometric plan identifying how these lighting levels
are being met given the site geometrics, using the City Standard street lights, and a
Type III lighting distribution. The width of the street shall, and lighting levels shall
determine the lighting spacing. Street lights and pull boxes shall be installed in the
planter strip if one is present, or behind the back of walk where feasible so as to
maintain sidewalk clear of obstructions to the approval of the City Engineer. The
photometric plan shall be approved prior to the issuance of the building permit.
(PUBLIC WORKS)
31.FENCES AND OTHER PERMANENT STRUCTURES: The applicant shall locate
all project fencing and foundation of a permanent nature within the project’s
property and out of the City right-of-way. (PUBLIC WORKS)
32.STORM DRAIN INLETS AND WATERWAYS: Per the City’s Clean Water
Program’s requirements, the applicant shall mark with the words “No Dumping!
Flows to Bay,” or equivalent, using methods approved by the City standards on all
storm inlets surrounding and within the project parcel. Furthermore, storm drains
shall be designed to serve exclusively stormwater. Dual-purpose storm drains that
switch to sanitary sewer are not permitted in the City of Gilroy. (PUBLIC WORKS)
33.OVERHEAD UTILITY CLEARANCE: For projects that have overhead utility lines
on-site that travel over new buildings, the applicant shall obtain a letter from the
utility company indicating that there is adequate overhead clearance from the utility
to the proposed building. The letter shall be submitted with the first set of
improvement plans submitted. The plans shall show the existing utility pole, any
necessary proposed pole protection (including overhead clearance warning
identification) and shall be confirmed satisfactory with the utility company. The
letter shall be to the approval of the City Engineer. (PUBLIC WORKS)
34.DRAINAGE: Drainage designed into landscaping with the purpose of reducing
volume or improving quality of runoff from the site shall be implemented according
to the requirements of the Stormwater Management Guidance Manual for Low
Impact Development & Post Construction Requirements (June 2015) and shall also
be, subject to the approval of the City Engineer. Where necessary, sidewalk drains
per the City Standard Drawing shall be provided to direct the water under the
sidewalk and through the curb. No increase to the peak discharge shall be
permitted downstream. In addition, discharge must conform to any non-point
Agenda Item 10.1
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Resolution No. 2023-XX
Approving TM 22-03
City Council Regular Meeting | September 11, 2023
Page 17 of 30
source permit issued by the Regional Water Quality Control Board. Drainage
improvements made on-site shall conform to standard engineering practices and
shall not allow any site drainage to impact adjacent properties. All drainage
capacity calculations shall be performed by a licensed Civil Engineer, whose
signed engineer’s stamp shall appear on the calculations sheets and shall be
submitted to the City for review and approval with the project civil plans. For
projects that include permanent structural controls for water quality protection, the
O&M (operation and maintenance) procedures for such control features shall be
submitted in a site-specific Stormwater Control Plan (SWCP) which shall be
reviewed and approved prior to occupancy. A formal O&M Agreement shall specify
the owner’s responsibility to ensure their ongoing effective operation and
maintenance. Such O&M responsibility requirements shall be recorded on the
property deed.
If the project is proposing to connect to an existing storm drain system within or
downstream from the site, the design engineer shall provide calculations with the
final design plans to demonstrate that the downstream drainage system has
adequate capacity to accommodate the additional site flows being added to the
system for the design storm per City Standards. The calculations shall be to the
approval of the City Engineer prior to the issuance of the first building permit.
(PUBLIC WORKS)
35.STORMWATER MANAGEMENT: At Developer’s sole expense, Developer shall
submit results from a third-party review of the project’s stormwater design. The
results shall confirm that the project is complying with requirements set in the City
of Gilroy Stormwater Management Guidance Manual for Low Impact Development
and Post-Construction Requirements. (PUBLIC WORKS)
36.SITE LANDSCAPING COORDINATION: The site landscaping needs to be
coordinated between the stormwater treatment area and the overall site
landscaping plan area. The landscaping within the stormwater treatment area will
not count towards the site landscaping requirement. Stormwater treatment areas
should be identified on the site first, and then site landscaping to make sure the
correct plant material is identified for each area. Some site landscaping plant
material may not be suitable in stormwater treatment areas due to the nature of the
facility. Sewer facilities cannot be aligned through stormwater treatment facilities.
It is the applicant’s responsibility to coordinate the civil stormwater treatment
facilities and the plans from the project landscaper. (PUBLIC WORKS)
37.ADDRESS PLAN: The applicant shall submit to the Public Works Department a
final address plan. The plan shall be substantially in conformance with the address
plan approved with the Arch & Site application. Said submittal shall be approved
by the City Engineer prior to the submittal of plans for any demolition permit,
Agenda Item 10.1
Agenda Packet Page 172 of 188
Resolution No. 2023-XX
Approving TM 22-03
City Council Regular Meeting | September 11, 2023
Page 18 of 30
building permit, or site development permit and shall be satisfied prior to issuance
of whichever permit is issued first. (PUBLIC WORKS)
38.PERMITS REQUIRED BY OTHER AGENCIES: The applicant shall obtain all
applicable permits from federal, state, and local agencies as required to construct
the proposed improvements. The applicant is hereby informed that permits may be
required by one (1) or more of the following: Army Corps of Engineers, UPRR,
Fish and Wildlife, Regional Water Quality Control Board, Santa Clara County
Roads and Airports, Santa Clara Valley Water District or Habitat Permit. If project
is within jurisdiction of any of these agencies, verification of permit or waiver of
permit must be given to the Public Works Department prior to issuance of any
required City permits. If the City is required to be a party to the permit application
and a fee is required, the applicant shall reimburse the City for its cost. A copy of
these permits shall be provided to the satisfaction of the City Engineer prior to the
issuance of the building permit. (PUBLIC WORKS)
39.STREET TREE DEVELOPMENT IMPACT FEE: The applicant shall pay a fee to
prove funding towards additional tree planting in the City. The fee is based on the
amount of added hardscape the project is adding. The estimated impact fee,
based on the approved plans, is $1,656.00. This fee is only an estimate. The
actual impact fee will be calculated based on building permit plans submitted, and
the fees approved by the City Council in place at the time of the building permit
submittal. The fee shall be collected by the Public Works Department and paid
prior to first building permit issuance. Note that this fee is assessed based on the
full scope of the tentative map. (PUBLIC WORKS)
40.STORM DEVELOPMENT IMPACT FEE: The applicant shall pay a fee proportional
to the project's share of storm drainage flowing off-site and shall be used to
enhance the City’s storm drainage system based on the recommendations of the
adopted Storm Drainage Master Plan. The estimated impact fee, based on the
approved plans, is $281.00. This fee is only an estimate. The actual impact fee will
be calculated based on building permit plans submitted, and the fees approved by
the City Council in place at the time of the building permit submittal. The fee shall
be collected by the Public Works Department and paid prior to first building permit
issuance. Note that this fee is assessed based on the acreage of Parcels 2 & 3 of
the tentative map. (PUBLIC WORKS)
41.EXISTING PARCEL IMPACT FEES: The existing parcel is proposed to connect to
the City’s public water and sewer facilities. The existing parcel shall pay impact
fees to establish the new connections into the City’s facilities. The estimated Sewer
Impact Fee for the existing residence is $13,262.00. The estimated Water Impact
Fee for the existing residence is $4,556.00. The actual impact fees will be
calculated based the fees approved by the City Council in place at the time of the
building permit submittal. At first improvement plan submittal, applicant’s engineer
Agenda Item 10.1
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Resolution No. 2023-XX
Approving TM 22-03
City Council Regular Meeting | September 11, 2023
Page 19 of 30
shall submit a calculation for water generation per the City’s Master Plan design
criteria. The fee shall be collected by the Public Works Department and paid prior
to issuance of the first building permit.
42.SANITARY SEWER DEVELOPMENT IMPACT FEE: The applicant shall pay a fee
proportional to the project’s share of the increase amount of sewage generated by
the project, which shall be used to enhance the City’s sewer system based on the
adopted Sewer Master Plan. The estimated impact fee, based on the approved
plans, is $26,524.00. This fee is only an estimate. The actual impact fee will be
calculated based on building permit plans submitted, and the fees approved by the
City Council in place at the time of the building permit submittal. The fee shall be
collected by the Public Works Department and paid prior to issuance of the first
building permit. At first improvement plan submittal, applicant’s engineer shall
submit a calculation for sanitary sewer and water generation per the City’s Master
Plan design criteria. The fee shall be collected by the Public Works Department
and paid prior to issuance of the first building permit. Note that this fee is assessed
based on the proposed development of Parcels 2 & 3 of the tentative map.
(PUBLIC WORKS)
43.WATER DEVELOPMENT IMPACT FEE: The applicant shall pay a fee proportional
to the project's share of impact to the City’s water system, and the water needs of
the development. The fee shall be used to fund improvements identified in the
City’s Water Master Plan. The estimated impact fee, based on the approved plans,
is $9,112.00. This fee is only an estimate. The actual impact fee will be calculated
based on building permit plans submitted, and the fees approved by the City
Council in place at the time of the building permit submittal. At first improvement
plan submittal, applicant’s engineer shall submit a calculation for water generation
per the City’s Master Plan design criteria. The fee shall be collected by the Public
Works Department and paid prior to issuance of the first building permit. Note that
this fee is assessed based on the proposed development of Parcels 2 & 3 of the
tentative map. (PUBLIC WORKS)
44.TRANSPORTATION IMPROVEMENT FEE: The applicant shall pay a fee
proportional to the project's share of transportation improvements needed to serve
cumulative development within the City of Gilroy. The funds shall be used to fund
improvements identified in the City Traffic Circulation Master Plan. The estimated
impact fee, based on the approved plans, is $26,024.00. This fee is only an
estimate. The actual impact fee will be calculated based on building permit plans
submitted, and the fees approved by the City Council in place at the time of the
building permit submittal. The fee shall be collected by the Public Works
Department and paid prior to issuance of the first building permit. Note that this fee
is assessed based on the proposed development of Parcels 2 & 3 of the tentative
map. (PUBLIC WORKS)
Agenda Item 10.1
Agenda Packet Page 174 of 188
Resolution No. 2023-XX
Approving TM 22-03
City Council Regular Meeting | September 11, 2023
Page 20 of 30
45.PUBLIC FACILITIES IMPACT FEE: The applicant shall pay a fee proportional to
the project’s share of the increase to the use of City Public facilities. The estimated
impact fee, based on the approved plans, is $45,234.00. This fee is only an
estimate. The actual impact fee will be calculated based on building permit plans
submitted, and the fees approved by the City Council in place at the time of the
building permit submittal. The fee shall be collected by the Public Works
Department and paid prior to issuance of the first building permit. Note that this fee
is assessed based on the proposed development of Parcels 2 & 3 of the tentative
map. (PUBLIC WORKS)
46.CONSTRUCTION NOTICING: At least one week prior to commencement of any on
or off-site work, the applicant shall post at the site, and to property owners within
(300') three hundred feet of the exterior boundary of the project site a notice that
construction work will commence on or around the stated date. The notice shall
include a list of contact persons with name, title, phone number and area of
responsibility. The person responsible for maintaining the list shall be included. The
list shall be current at all times and shall consist of persons with authority to initiate
corrective action in their area of responsibility. The names of individuals
responsible for dust, noise and litter control shall be expressly identified in the
notice. Noticing shall be in both English and Spanish. The notice shall be
submitted for review to the approval of the City Engineer two weeks prior to the
issuance of the building permit. (PUBLIC WORKS)
47.PUBLIC IMPROVEMENTS: All public improvements labeled on the tentative map
plans as “future”, for example the driveway approaches for parcels 2 & 3, shall be
built with the proposed parcel map. At initial improvement plan submittal, the plans
shall be updated to identify all public improvements to build with the improvement
plans. (PUBLIC WORKS)
48.SIGNING AND STRIPING PLAN: Due to the proposed project’s requirement to
remove and replace the existing sidewalk surrounding the project to City Standard,
the project shall remove and replace all street signs along the project frontage. At
initial improvement plan submittal, the plans shall include a signage and striping
plan conveying all restriping and street signs to be installed per City Standard and
CAMUTCD. (PUBLIC WORKS)
49.DRIVEWAY APPROACHES: All driveway approaches shown on the tentative map
shall be installed with these proposed improvement plans. For Parcel 2 the
driveway approach shall match the existing driveway location across the street or
be located 150-ft from the intersection. For Parcel 3, the driveway approach shall
be off of 10th St. Proposed driveway approach off Church St. will not be allowed.
(PUBLIC WORKS)
Agenda Item 10.1
Agenda Packet Page 175 of 188
Resolution No. 2023-XX
Approving TM 22-03
City Council Regular Meeting | September 11, 2023
Page 21 of 30
50.SIDEWALK DESIGN: At initial design submittal, the plans and all relative sections
shall be updated to show a City Standard 1.5% cross slope for the proposed
sidewalk along the project frontage. (PUBLIC WORKS)
51.EASEMENT AREA: The easement area past the back of the proposed sidewalk
shall be graded at 1.5% cross slope to end of the easement. Plans shall be
updated to reflect this requirement. (PUBLIC WORKS)
52.EXISTING UTILITIES: The improvement plans shall show shall the existing service
laterals not designated for future use to be abandoned at the main. At initial
improvement plan submittal, the plans shall be updated to reflect this requirement.
(PUBLIC WORKS)
The following conditions shall be met prior to the approval of the FINAL MAP or
PARCEL MAP, or if another deadline is specified in a condition, at that time.
53.DEDICATION OF PUBLIC EASEMENT: Project shall secure 10-ft easement at
existing sewer line at the connection point. (PUBLIC WORKS)
54.DEDICATION OF PRIVATE EASEMENT: Project shall create private sanitary
sewer easements, private stormwater easements as needed for utilities crossing lot
lines. Said easements will grant private utility rights to adjacent private lots as
needed. (PUBLIC WORKS)
55.PARCEL MAP: It shall be the applicant's responsibility to have a parcel map,
prepared by a person authorized to practice land surveying in California,
delineating all parcels created or deleted and all changes in lot lines in
conformance with the Gilroy Municipal Code. The parcel map shall be approved by
the Department of Public Works and recorded with the County Recorder’s Office
prior to the issuance of any City permits. A parcel map guarantee shall be
submitted to the City, by the applicant’s title company, prior to release of the parcel
map to the title company for recordation. Prior to the City’s release of the parcel
map to the title company, the applicant may, at the discretion of the City Engineer,
be required to submit to the City an electronic copy of the map in the AutoCAD
Version being used by the City at the time of recordation. It is the applicant's
responsibility to check with their title company and the County Recorder’s Office to
determine the time necessary to have the map recorded after City approval.
(PUBLIC WORKS)
56.PROPERTY IMPROVEMENT AGREEMENT (PIA): The applicant shall enter into a
public improvement agreement with the City per Gov. Code Section 66462(a), and
shall arrange to provide Payment and Performance bonds each for 100% of the
cost of public infrastructure improvements to be constructed in the public right-of-
Agenda Item 10.1
Agenda Packet Page 176 of 188
Resolution No. 2023-XX
Approving TM 22-03
City Council Regular Meeting | September 11, 2023
Page 22 of 30
way. These improvements shall include, but not be limited to, roadway
construction, sidewalk, curb and gutter, water lines, storm lines, sewer lines, street
lights, and signal equipment. City Standard insurance shall be provided per the
terms of the agreement. The agreement will be forwarded to the City Council for
approval with project (parcel or final) map. The PIA shall be approved by the City
Council prior to the issuance of the project building permit. (PUBLIC WORKS)
57.MONUMENTS: The applicant shall arrange for the engineer to have all monuments
set per the recorded final map. A certificate letter by the Surveyor or Engineer will
be provided to the City Engineer. (PUBLIC WORKS)
58.ELEVATION CERTIFICATE: (specifically for projects in the flood zone) An
elevation certificate per FEMA requirements must be complete by a Land Surveyor
or Civil Engineer. The elevation certificate shall be submitted, to the approval of
the City Engineer, prior to the first building occupancy. (PUBLIC WORKS)
59.RECORD DRAWINGS: The applicant shall submit one full set of original record
drawings and construction specifications for all off-site improvements to the
Department of Public Works. All underground facilities shall be shown on the
record drawings as constructed in the field. The applicant shall also provide the
City with an electronic copy of the record drawings in the AutoCAD Version being
used by the City at the time of completion of the work. The applicant shall also
submit an AutoCAD drawing file of all consultants composite basemap linework
showing all public improvements and utility layouts. This condition shall be met
prior to the release of utilities, final inspection, or issuance of a certificate of
occupancy, whichever occurs first. (PUBLIC WORKS)
60.PAVEMENT RESTORATION: Due to construction activities and new utility cuts
along the project frontage the applicant shall grind and overlay the Church St
project frontage with 2-inches of hot mix asphalt concrete with pavement section
dig-out repairs, half road way width (curb to centerline) and micro-surface
treatment along 10th St project frontage with pavement section dig-out repairs half
road way width (curb to centerline). The extent of the pavement section dig-out repairs to be
determined by the developer’s geotechnical engineer and to be confirmed by the City Engineer.
(PUBLIC WORKS)
61.STORMWATER MANAGEMENT FACILITIES MAINTENANCE AGREEMENT:
The applicant shall execute a Stormwater Management Facilities Maintenance
Agreement with the City Engineer as specified in Chapter 7.39.210-230 of the
Stormwater Management and Discharge Control ordinance. The agreement shall
outline the operation and maintenance (O&M) plan for the permanent storm water
treatment facilities. The City-Standard Stormwater BMP Operation and
Maintenance Agreement will be provided by Public Works Engineering. The
agreement shall include the following:
Agenda Item 10.1
Agenda Packet Page 177 of 188
Resolution No. 2023-XX
Approving TM 22-03
City Council Regular Meeting | September 11, 2023
Page 23 of 30
a. This Agreement shall also provide that in the event that maintenance or
repair is neglected, or the stormwater management facility becomes a
danger to public health or safety, the city shall have the authority to perform
maintenance and/or repair work and to recover the costs from the owner.
b. All on-site stormwater management facilities shall be operated and
maintained in good condition and promptly repaired/replaced by the property
owner(s) or other legal entity approved by the City.
c. Any repairs or restoration/replacement and maintenance shall be in
accordance with City-approved plans.
d. The property owner(s) shall develop a maintenance schedule for the life of
any stormwater management facility and shall describe the maintenance to
be completed, the time period for completion, and who shall perform the
maintenance. This maintenance schedule shall be included with the
approved Stormwater Runoff Management Plan.
This agreement shall be executed prior to the first occupancy of the building.
(PUBLIC WORKS)
62.STORMWATER MANAGEMENT FACILITIES INSPECTION: The Stormwater
Management Facilities Maintenance Agreement work shall require inspections be
performed which shall adhere to the following:
a. To comply with the State Stormwater requirements and the NPDES permit,
the applicant shall secure a QSD or QSP to maintain all erosion control and
BMP measures during construction. The applicant’s QSD or QSP shall
provide the City weekly inspection reports to the approval of the City
Engineer.
b. Stormwater facility inspections shall be done at least twice per year, once in
Fall by October 1st, in preparation for the wet season, and once in Winter by
March 15th. Written records shall be kept of all inspections and shall
include, at minimum, the following information:
1. Site address;
2. Date and time of inspection;
3. Name of the person conducting the inspection;
4. List of stormwater facilities inspected;
5. Condition of each stormwater facility inspected;
6. Description of any needed maintenance or repairs; and
7. As applicable, the need for site re-inspection.
c. Upon completion of each inspection, an inspection report shall be submitted
to Public Works Engineering no later than October 1st for the Fall report, and
no later than March 15th of the following year for the Winter report.
d. Before commencing any grading or construction activities, the applicant
shall obtain a National Pollutant Discharge Elimination System (NPDES)
permit and provide evidence of filing of a Notice of Intent (NOI) with the
State Water Resources Control Board.
Agenda Item 10.1
Agenda Packet Page 178 of 188
Resolution No. 2023-XX
Approving TM 22-03
City Council Regular Meeting | September 11, 2023
Page 24 of 30
e. The applicant is responsible for ensuring that all contractors are aware of all
storm water quality measures and implement such measures. Failure to
comply with the approved construction BMPs will result in the issuance of
correction notices, citations or a project stop order.
f. Sequence of construction for all stormwater facilities (bioswales, detention/
retention basins, drain rock, etc.) shall be done toward final phases of
project to prevent silting of facilities and reduce the intended use of the
facilities.
g. Prior to final inspection, all stormwater facilities will be tested by a certified
QSP or QSD to meet the minimum design infiltration rate. All tests shall be
made at on 20 ft x 20ft grid pattern over the surface of the completed
stormwater facility unless otherwise approved by the City Engineer.
All soil and infiltration properties for all stormwater facilities shall be evaluated by
the geotechnical engineer. Percolation tests (using Double Ring Infiltrometer
Testing with appropriate safety factors) at horizontal and vertical (at the depth of
the stormwater facility) shall be conducted for each stormwater facility. A 50%
safety factor shall be applied to the calculated percolation test and shall be used as
the basis for design (the design percolation rate). The geotechnical report shall
include a section designated for stormwater design, including percolation results
and design parameters. (PUBLIC WORKS)
63.REGIONAL BOARD STORMWATER REVIEW: This project may be subject to an
audit by the Central Coast Regional Board. City may be required to provide the
project stormwater design and storm water management plan for Regional Board
review and comment. Prior to building permit issuance, the project shall receive
approval or acknowledgment by the Regional Board. The project may need to
provide the Regional Board any and all necessary documents (including reports,
technical data, plans, etc.) for the Regional Board approval. (PUBLIC WORKS)
The following conditions shall be complied with AT ALL TIMES DURING THE
CONSTRUCTION PHASE OF THE PROJECT, or if another deadline is specified in a
condition, at that time.
64.PUBLIC WORKS CONSTRUCTION ACTIVITIES: The City shall be notified at
least ten (10) working days prior to the start of any construction work, and at that
time the contractor shall provide a project construction and phasing schedule, and
a 24-hour emergency telephone number list. The schedule shall be in Microsoft
Project, or an approved equal, and shall identify the scheduled critical path for the
installation of improvements to the approval of the City Engineer. The schedule
shall be updated weekly. The approved construction and phasing schedule shall
be shared with Gilroy Unified School District (GUSD) to avoid traffic impacts to
Agenda Item 10.1
Agenda Packet Page 179 of 188
Resolution No. 2023-XX
Approving TM 22-03
City Council Regular Meeting | September 11, 2023
Page 25 of 30
surrounding school functions. An approved construction information handout(s)
shall also be provided to GUSD to share with school parents. (PUBLIC WORKS)
a. All work shown on the improvement plans shall be inspected to the
approval of the City Engineer as applicable. Uninspected work shall be
removed as deemed appropriate by the City Engineer.
b. Construction activities that will impact 10th Street and Church St shall be
performed at night time. Nonpublic roadway related work part of the
Public Works permit shall be restricted to the weekday between 7:00
a.m. and 7:00 p.m., Saturday 9:00 a.m. to 7:00 p.m. for general
construction activities. No work shall be done on Sundays and on City
Holidays unless otherwise approved by the City Engineer. Please note
that no work shall be allowed to take place within the City right-of-way
after 5:00 p.m. Monday through Friday. In addition, no work being done
under the issuance of a Public Works encroachment permit may be
performed on the weekend unless prior approvals have been granted by
Public Works. The City Engineer may apply additional construction
period restrictions, as necessary, to accommodate standard commute
traffic along arterial roadways and along school commute routes. Signs
outlining the project construction times shall be posted at conspicuous
locations on site where it is visible to the public. The signs shall be per
the City Standard Drawing for posting construction hours. The sign shall
c. be kept free of graffiti at all times. Contact the Public Works Department
to obtain sample City Standard sign outlining hours of operation.
d. The allowed hours of Public Works construction activities may be waived
or modified through an exemption, for limited periods, if the City Engineer
finds that the following criteria are met:
i. Permitting extended hours of construction will decrease the
total time needed to complete the project thus mitigating the
total amount of noise associated with the project as a whole;
or,
ii. Permitting extended hours of construction are required to
accommodate design or engineering requirements, such as a
large concrete pour. Such a need would be determined by the
project's design engineer and require approval of the City
Engineer.
Agenda Item 10.1
Agenda Packet Page 180 of 188
Resolution No. 2023-XX
Approving TM 22-03
City Council Regular Meeting | September 11, 2023
Page 26 of 30
iii. An emergency situation exists where the construction work is
necessary to correct an unsafe or dangerous condition resulting
in obvious and eminent peril to public health and safety. If such
a condition exists, the City may waive any of the remaining
requirements outlined below.
iv. The exemption will not conflict with any other condition of
approval required by the City to mitigate significant impacts.
v. The contractor or owner of the property will notify residential and
commercial occupants of property adjacent to the construction
site of the hours of construction activity which may impact the
area. This notification must be provided three days prior to the
start of the extended construction activity.
vi. The approved hours of construction activity will be posted at the
construction site in a place and manner that can be easily
viewed by any interested member of the public.
vii. The City Engineer may revoke the exemption at any time if the
contractor or owner of the property fails to abide by the
conditions of exemption or if it is determined that the peace,
comfort and tranquility of the occupants of adjacent residential
or commercial properties are impaired because of the location
and nature of the construction. The waiver application must be
submitted to the Public Works Construction Inspector ten (10)
working days prior to the requested date of waiver.
e. The following provision to control traffic congestion, noise, and dust shall
be followed during site excavation, grading and construction:
i. All construction vehicles should be properly maintained and
equipped with exhaust mufflers that meet State standards.
ii. Blowing dust shall be reduced by timing construction activities so
that paving and building construction begin as soon as possible
after completion of grading, and by landscaping disturbed soils as
soon as possible.
iii. Further, water trucks shall be present and in use at the
construction site. All portions of the site subject to blowing dust
shall be watered as often as deemed necessary by the City, or a
minimum of three times daily, or apply (non-toxic) soil stabilizers
Agenda Item 10.1
Agenda Packet Page 181 of 188
Resolution No. 2023-XX
Approving TM 22-03
City Council Regular Meeting | September 11, 2023
Page 27 of 30
on all unpaved access roads, parking areas, and staging areas at
construction sites in order to insure proper control of blowing dust
for the duration of the project.
iv. Watering on public streets, and wash down of dirt and debris into
storm drain systems will not be allowed. Streets will be cleaned
by street sweepers or by hand as often as deemed necessary by
the Construction Inspector, or at least once a day. Watering
associated with on-site construction activity shall take place
between the hours of 8 a.m. and 5 p.m. and shall include at least
one late-afternoon watering to minimize the effects of blowing
dust. Recycled water shall be used for construction watering to
manage dust control where possible, as determined by the City
Engineer. Recycled water shall be billed at the municipal
industrial rate based on the current Santa Clara Valley Water
District’s municipal industrial rate. Where recycled water is not
available potable water shall be used. All potable construction
water from fire hydrants shall be metered and billed at the current
portable fire hydrant meter rate.
v. All public streets soiled or littered due to this construction activity
shall be cleaned and swept on a daily basis during the workweek
to the satisfaction of the Construction Inspector.
vi. Construction grading activity shall be discontinued in wind
conditions that in the opinion of the Public Works Construction
Inspector cause excessive neighborhood dust problems.
vii. Site dirt shall not be tracked into the public right-of-way, and shall
be cleaned immediately if done, or the project may risk being shut
down. Mud, silt, concrete and other construction debris shall not
be washed into the City’s storm drains.
viii. Construction activities shall be scheduled so that paving and
foundation placement begin immediately upon completion of
grading operation.
ix. All aggregate materials transported to and from the site shall be
covered in accordance with Section 23114 of the California
Vehicle Code during transit to and from the site.
Agenda Item 10.1
Agenda Packet Page 182 of 188
Resolution No. 2023-XX
Approving TM 22-03
City Council Regular Meeting | September 11, 2023
Page 28 of 30
x. Prior to issuance of any permit, the applicant shall submit any
applicable pedestrian or traffic detour plans, to the satisfaction of
the City Engineer, for any lane or sidewalk closures. The traffic
control plan shall be prepared by a licensed professional engineer
with experience in preparing such plans. The Traffic Control Plan
shall be prepared by a licensed engineer in accordance with the
requirements of the latest edition of the California Manual on
Uniform Traffic Control Devices (MUTCD) and standard
construction practices. The Traffic Control Plan shall be approved
prior to the commencement of any work within the public right-of-
way.
xi. During construction, the applicant shall make accessible any or all
City utilities as directed by the City Engineer.
xii. The minimum soils sampling and testing frequency shall conform
to Chapter 8 of the Caltrans Construction Manual. The applicant
shall require the soils engineer submit to daily testing and
sampling reports to the City Engineer.
65.HERITAGE TREE PROTECTION MEASURES: The applicant shall submit a tree
protection plan showing how all on and off-site heritage trees will be protected
during construction. All approved and installed Heritage Tree protection measures
shall be installed prior to any site activities and maintained throughout the period of
construction. The Project Arborist shall complete inspections on an as-need basis
during the construction period and shall submit a monthly report of his/her findings
in a letter sent by fax or email to the City Planner assigned to this project. (PUBLIC
WORKS)
66.PROJECT CLOSE-OUT: Prior to City acceptance of all tract subdivision and
property improvement agreements, the applicant shall comply with all City
construction close-out procedures to the approval of the City Engineer. Refer to
the City’s website for a copy of these procedure. Prior to final inspections, all
pertinent conditions of approval and all improvements shall be completed to the
satisfaction of the Planning Director and City Engineer. A letter indicating that all
project conditions have been met shall be submitted prior to the first occupancy.
All public improvements, including the complete installation of all improvements
relative to streets, fencing, sanitary sewer, storm drainage, water system,
underground utilities, etc., shall be completed and attested to by the City Engineer
before approval of occupancy of any unit. Where facilities of other agencies are
involved, such installation shall be verified as having been completed and accepted
by those agencies. In addition, the applicant shall submit a detailed project cost
estimate of all public improvements constructed on-site and within the public right-
Agenda Item 10.1
Agenda Packet Page 183 of 188
Resolution No. 2023-XX
Approving TM 22-03
City Council Regular Meeting | September 11, 2023
Page 29 of 30
of-way. The cost estimate shall be prepared by the project engineer, and be to the
approval of the City Engineer. The cost estimate shall be broken out into on-site
and off-site improvements based on the format provided by the City.
Until such time as all improvements required are fully completed and accepted by
City, the applicant shall be responsible for the care maintenance of and any
damage to such improvements. City shall not, nor shall any officer or employee
thereof, be liable or responsible for any accident, loss or damage, regardless of
cause, happening or occurring to the work or Improvements required for this
project prior to the completion and acceptance of the work or Improvements. All
such risks shall be the responsibility of, and are hereby assumed by the applicant.
(PUBLIC WORKS)
67.CONSTRUCTION WORKER PARKING: The applicant shall provide a
construction-parking plan that minimizes the effect of construction worker parking
in the neighborhood and shall include an estimate of the number of workers that
will be present on the site during the various phases of construction and indicate
where sufficient off-street parking will be utilized and identify any locations for off-
site material deliveries. Said plan shall be approved by the City Engineer prior to
issuance of City permits and shall be complied with at all times during construction.
Failure to enforce the parking plan may result in suspension of the City permits.
No vehicle having a manufacturer's rated gross vehicle weight exceeding ten
thousand (10,000) pounds shall be allowed to park on the portion of a street which
abuts property in a residential zone without prior approval from the City Engineer
(§15.40.070). (PUBLIC WORKS)
68.SITE WATER DISCHARGE: In accordance with the City’s Municipal Code,
Prohibition of Illegal Discharges (Gilroy Municipal Code Section 27C.7), the City
Engineer may approve the discharge of uncontaminated pumped ground waters to
the sanitary sewer only when such source is deemed unacceptable by State and
Federal authorities for discharge to surface waters of the United States, whether
pretreated or untreated, and for which no reasonable alternative method of
disposal is available. Following the verification of the applicable local, state and/or
federal approvals, a Discharge Plan will be approved and monitored by the City
Engineer. (PUBLIC WORKS)
69.ARCHITECTURAL COPPER: Per Gilroy Municipal Code Section 27C.7 Prohibition
of Illegal Discharges, the applicant shall follow the specific best management
practices for the installation of the Architectural Copper. For detailed information
please distribute the flyer to all construction personnel involved in the fabrication
and installation of the Architectural Copper that is located at:
http://flowstobay.org/files/newdevelopment/flyersfactsheets/ArchitecturalcopperBMPs.pdf
(PUBLIC WORKS)
Agenda Item 10.1
Agenda Packet Page 184 of 188
Resolution No. 2023-XX
Approving TM 22-03
City Council Regular Meeting | September 11, 2023
Page 30 of 30
The following conditions shall be complied with AT ALL TIMES that the use permitted
by this entitlement occupies the premises
70.POST CONSTRUCTION BEST MANAGEMENT PRACTICES (BMP): In
accordance with Gilroy Municipal Code Chapter 27D Post Construction Storm
Water Pollution Prevention all projects that meet the criteria described in the Storm
Water Guidance Manual for Low Impact Development and Post-Construction
Requirements shall prepare a storm water control plan (SWCP) and shall meet the
requirements of the design standards and selection of best management practices
and shall be selected and designed to the satisfaction of the City Engineer or
designee. Requirements shall include:
a. Owner/occupant shall inspect private storm drain facilities at least two (2)
times per year and sweep parking lots immediately prior to and once during
the storm season.
b. The applicant shall be charged the cost of abatement for issues associated
with, but not limited to, inspection of the private storm drain facilities,
emergency maintenance needed to protect public health or watercourses,
and facility replacement or repair in the event that the treatment facility is no
longer able to meet performance standards or has deteriorated. Any
abatement activity performed on the applicant’s property by City staff will be
charged to the applicant at the City’s adopted hourly rate.
c. Label new and redeveloped storm drain inlets with the phrase “No Dumping:
Drains to Bay” plaques to alert the public to the destination of storm water
and to prevent direct discharge of pollutants into the storm drain. Template
ordering information is available at www.flowstobay.org.
d. All process equipment, oils fuels, solvents, coolants, fertilizers, pesticides,
and similar chemical products, as well as petroleum based wastes, tallow,
and grease planned for storage outdoors shall be stored in covered
containers at all times.
e. All public outdoor spaces and trails shall include installation and upkeep of
dog waste stations.
Garbage and recycling receptacles and bins shall be designed and maintained with
permanent covers to prevent exposure of trash to rain. Trash enclosure drains
shall be connected to the sanitary sewer system. (PUBLIC WORKS)
Agenda Item 10.1
Agenda Packet Page 185 of 188
12.1.Gilroy Garlic Festival Memorial Repairs/Upgrades
1. Staff Report:
2. Public Comment
3. Possible Action:
Council receive report and provide feedback as appropriate.
Agenda Item 12.1
Agenda Packet Page 186 of 188
Page 1 of 2
City of Gilroy
STAFF REPORT
Agenda Item Title:Gilroy Garlic Festival Memorial Repairs/Upgrades
Meeting Date:September 11, 2023
From:Jimmy Forbis, City Administrator
Department:Administration
Submitted By:Jimmy Forbis, City Administrator
Prepared By:Jimmy Forbis, City Administrator
STRATEGIC PLAN GOALS Maintain and Improve City Infrastructure
RECOMMENDATION
Council receive report and provide feedback as appropriate.
BACKGROUND
In September 2019 a temporary memorial to the victims of the Gilroy Garlic Festival
shooting was erected to honor the three deaths and 17 wounded on July 28, 2019. At
the time, the memorial, designed by Gilroy landscape artist Karen Aitken, was originally
intended to be a temporary memorial located on the ranch side of Christmas Hill Park.
A plan for a permanent memorial never developed and thus on October 19, 2020, the
City Council declared that the temporary memorial would be designated as the
permanent memorial going forward.
The memorial in its current form is comprised of a large palm tree and three flag-laden
ropes going from the tree to a ranch-style fence. There is also landscaping and a
plaque memorializing the three victims that lost their lives on that date - Stephen
Romero, Keyla Salazar, and Trevor Irby.
ANALYSIS
The landscape and materials within the memorial are weathered and need replacement
with more durable components. Recently, public works crews performed maintenance
Agenda Item 12.1
Agenda Packet Page 187 of 188
Gilroy Garlic Festival Memorial Repairs/Upgrades
City of Gilroy City Council Page 2 of 2 September 11, 2023
at the site that included bark replacement, trimming of landscape, and general clean-up
of the area.
The City does not propose drastic changes to the site, however given the maintenance
challenges at the site modifications to the memorial include removing the three ropes
and making the area more hardscape, thus reducing the need for ongoing maintenance.
This report serves to notify the City Council and Gilroy community about the upcoming
modifications to the site. Staff realizes this site is very important to members of the
community and wish to ensure that all are aware of modifications proposed for the site.
ALTERNATIVES
None currently.
FISCAL IMPACT/FUNDING SOURCE
Minimal costs that can be incorporated into the City’s current operating budget.
PUBLIC OUTREACH
Not applicable.
NEXT STEPS
Staff will continue to modify the memorial with adjustments to the ropes and more
sustainable landscaping.
Agenda Item 12.1
Agenda Packet Page 188 of 188