HomeMy WebLinkAbout2021-06-21 City Council Regular Meeting Agenda Packet
June 16, 2021 2:09 PM City Council Regular Meeting Agenda Page1 MAYOR
Marie Blankley
COUNCIL MEMBERS
Rebeca Armendariz
Dion Bracco
Zach Hilton
Peter Leroe-Muñoz
Carol Marques
Fred Tovar
CITY COUNCIL
AGENDA
CITY OF GILROY
CITY COUNCIL CHAMBERS, CITY HALL
7351 ROSANNA STREET
GILROY, CA 95020
REGULAR MEETING 6:00 P.M.
MONDAY, JUNE 21, 2021
CITY COUNCIL MEETING MATERIAL IS AVAILABLE ON THE CITY WEBSITE www.cityofgilroy.org
VIEW THE MEETING LIVE ON THE CITY WEBSITE www.cityofgilroy.org.
THIS MEETING WILL BE CONDUCTED PURSUANT TO THE PROVISIONS OF THE
GOVERNOR’S EXECUTIVE ORDER N-29-20
In order to minimize the spread of the COVID 19 virus the City Council is conducting
this meeting by web conference and will be offering alternative options for public
participation. You are encouraged to watch the City Council meeting live on the City of
Gilroy’s website at www.cityofgilroy.org or on Cable Channel 17. To view from the
website, select the City Council Meetings section on the home page.
PUBLIC COMMENTS WILL BE TAKEN ON AGENDA ITEMS BEFORE ACTION IS TAKEN BY THE
CITY COUNCIL. DURING THE MEETING: TO PROVIDE VERBAL PUBLIC COMMENTS ON AN
AGENDA ITEM DURING THIS MEETING, LOG INTO THE
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COMMENTS MAY ALSO BE EMAILED TO THE CITY CLERKS OFFICE AT
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7351 ROSANNA STREET, GILROY, CA. 95020, PRIOR TO THE MEETING START, TO BE
DISTRIBUTED TO THE COUNCIL MEMBERS AND TO BE INCORPORATED INTO THE MEETING
RECORD.
In compliance with the Americans with Disabilities Act, and Governors Order N -29-20, the City will
make reasonable arrangements to ensure accessibility to this meeting. If you need special
assistance to participate in this meeting, please contact the City Clerk a minimum of 2 hours prior
to the meeting at (408) 846-0204.
If you challenge any planning or land use decision made at this meeting in court, you may be
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City Council Regular Meeting Agenda
06/21/2021 Page2 limited to raising only those issues you or someone else raised at the public hearin g held at this
meeting, or in written correspondence delivered to the City Council at, or prior to, the public
hearing. Please take notice that the time within which to seek judicial review of any final
administrative determination reached at this meeting is governed by Section 1094.6 of the
California Code of Civil Procedure.
A Closed Session may be called during this meeting pursuant to Government Code Section
54956.9 (d)(2) if a point has been reached where, in the opinion of the legislative body of the City
on the advice of its legal counsel, based on existing facts and circumstances, there is a
significant exposure to litigation against the City.
Materials related to an item on this agenda submitted to the City Council after distribution of the
agenda packet are available with the agenda packet on the City website at www.cityofgilroy.org
subject to Staff’s ability to post the documents before the meeting.
The City Council meets regularly on the first and third Monday of each month, at 6:00 p.m. If a
holiday, the meeting will be rescheduled to the following Monday, with the exception of the single
meeting in July which lands on the first day of the month not a holiday, Friday, Saturday or
Sunday.
KNOW YOUR RIGHTS UNDER THE GILROY OPEN GOVERNMENT ORDINANCE
Government's duty is to serve the public, reaching its decisions in full view of the public.
Commissions, task forces, councils and other agencies of the City exist to conduct the
people's business. This ordinance assures that deliberations are conducted before the
people and that City operations are open to the people's review.
FOR MORE INFORMATION ON YOUR RIGHTS UNDER THE OPEN
GOVERNMENT ORDINANCE, TO RECEIVE A FREE COPY OF THE ORDINANCE
OR TO REPORT A VIOLATION OF THE ORDINANCE, CONTACT THE OPEN
GOVERNMENT COMMISSION STAFF AT (408) 846-0204
I. OPENING
A. Call to Order
1. Pledge of Allegiance
2. Invocation
3. City Clerk's Report on Posting the Agenda
4. Roll Call
B. Orders of the Day
C. Employee Introductions
II. CEREMONIAL ITEMS
A. Proclamations, Awards, and Presentations
1. Housing and Neighborhood Revitalization Committee Annual Presentation
to Council
2. Presentation by Santa Clara Valley Urban Forestry Alliance
III. PRESENTATIONS TO THE COUNCIL
City Council Regular Meeting Agenda
06/21/2021 Page3 PUBLIC COMMENT BY MEMBERS OF THE PUBLIC ON ITEMS NOT ON THE
AGENDA BUT WITHIN THE SUBJECT MATTER JURISDICTION OF THE CITY
COUNCIL PUBLIC COMMENTS MAY BE SUBMITTED BY EMAIL TO:
cityclerk@cityofgilroy.org, (This portion of the meeting is reserved for persons desiring to address
the Council on matters not on this agenda. The law does not permit Council action or extended
discussion of any item not on the agenda except under special circumstances. If Council action is
requested, the Council may place the matter on a future agenda. Written material provided by public
members for Council agenda item “public comment by Members of the Public on items not on the
agenda” will be limited to 10 pages in hard copy. An unlimited amount of material may be provided
electronically.)
City Council Regular Meeting Agenda
06/21/2021 Page4 IV. REPORTS OF COUNCIL MEMBERS
Council Member Bracco – Gilroy Sister Cities Association (alternate), Santa Clara Co.
Library JPA, SCVWD Joint Council-SCRWA-Board Water Resources Committee, South
County Regional Wastewater Authority Board, South County Youth Task Force Policy
Team, Street Naming Committee, URM Task Force Sub-committee
Council Member Armendariz – ABAG (Alternate), CalTrain Policy Group, Gilroy
Downtown Business Association Board (alternate), Historic Heritage Committee, Santa
Clara Valley Habitat Agency Implementation Board, Silicon Valley Clean Energy
Authority JPA Board (Alternate), Street Naming Committee, VTA Committee for Transit
Accessibility (Alternate)
Council Member Marques - Gilroy Downtown Business Association Board, Gilroy
Gardens Board of Directors, Historic Heritage Committee (Alternate), Santa Clara
Valley Habitat Agency Governing Board (alternate), Santa Clara Valley Habitat Agency
Implementation Board (alternate), South County Regional Wastewater Authority
(Alternate), URM Task Force Sub-Committee
Council Member Hilton – Gilroy Economic Development Partnership, Silicon Valley
Clean Energy Authority JPA Board, South County United for Health, Visit Gilroy
California Welcome Center Board
Council Member Tovar – Economic Development Corporation Board, Recycling and
Waste Reduction Commission, Santa Clara Co. Expressway Plan 2040 Policy Advisory
Board, Recycling and Waste Reduction Commission, Santa Clara Co. Library JPA
(alternate), SCVWD Water Commission (alternate), South County Regional Wastewater
Authority Board, Street Naming Committee, VTA Committee for Transit Accessibility
Council Member Leroe-Muñoz - ABAG, CalTrain Policy Group (alternate), Cities
Association of Santa Clara County Board of Directors (alternate), Economic
Development Corporation Board, Gilroy Youth Task Force, SCVWD Water Commission,
Silicon Valley Regional Interoperability Authority Board, South County Youth Task Force
Policy Team (alternate), VTA Mobility Partnership, VTA South County City Group, VTA
Policy Advisory Committee
Mayor Blankley - Cities Association of Santa Clara Co. Board of Directors, Gilroy
Economic Development Partnership, Gilroy Sister Cities Association, Gilroy Youth Task
Force (alternate), Santa Clara Valley Habitat Agency Governing Board, SCVWD Joint
Council-SCRWA-Board Water Resources Committee, South County Regional
Wastewater Authority Board, VTA Board of Directors Alternate, VTA Mobility
Partnership, VTA Policy Advisory Committee, VTA South County City Group
V. FUTURE COUNCIL INITIATED AGENDA ITEMS
VI. CONSENT CALENDAR (ROLL CALL VOTE)
All matters listed under the Consent Calendar are considered by the City Council to be routine
and will be enacted by one motion. There will be no separate discussion of these items unless a
request is made by a member of the City Council or a member of the public. Any person desiring
to speak on any item on the consent calendar should ask to have that item removed from the
consent calendar prior to the time the Council votes to approve. If removed, the item will be
discussed in the order in which it appears.
City Council Regular Meeting Agenda
06/21/2021 Page5 A. Adoption of a Resolution of the City Council of the City of Gilroy
Acknowledging Receipt of a Report Made by the Fire Chief of the Gilroy
Fire Department Regarding the Inspection of Certain Occupancies
Requiring Annual Inspections in Such Occupancies Pursuant to Sections
13146.2 and 13146.3 of the California Health and Safety Code
B. A Resolution of the City Council of the City of Gilroy Setting the Annual
Fireworks Service Fee for Impacts on City Fire and Police Services Related
to the Sale and Use of Safe and Sane Fireworks Pursuant to Gilroy City
Code Section 10A
C. Opening of Recruitment for Current Openings on Various Boards,
Committees and Commissions
D. 6-7-21 City Council Regular Meeting Minutes
VII. BIDS AND PROPOSALS
A. Authorize the City Administrator to Enter into an Agreement to Purchase a
Replacement Police Computer Aided Dispatch (CAD) and Records
Management System (RMS) from Sun Ridge Systems, Inc. in the amount of
$703,232
1. Staff Report: Pedro Espinoza, Police Chief
2. Public Comment
3. Possible Action:
Authorize the City Administrator to Enter into an Agreement to Purchase a
Replacement Police Computer Aided Dispatch (CAD) and Records Management
System (RMS) from Sun Ridge Systems, Inc. in the Amount of $703,232 (Roll
Call Vote)
VIII. PUBLIC HEARINGS
A. Conduct a Tax Equity and Fiscal Responsibility Act (TEFRA) Public Hearing
and Approval of the Issuance of Multi-family Housing Revenue Bonds by
the California Municipal Finance Authority for an Affordable Housing
Project Located at 1520 Hecker Pass Highway
1. Staff Report: Kraig Tambornini, Senior Planner
2. Disclosure of Ex-Parte Communications
3. Open Public Hearing
4. Close Public Hearing
5. Possible Action:
Adopt a Resolution of the City Council of the City of Gilroy approving the
issuance of multifamily housing revenue bonds in an aggregate principal amount
not to exceed $30,000,000 for the purpose of financing or refinancing the
acquisition and construction of Hecker Pass Apartments project. (Roll Call Vote)
B. Introduce an Ordinance of the City Council of the City of Gilroy Amending
the Gilroy City Code, Chapter 30 (Zoning), Article XXXIV (Fences and
Obstructions) to Allow Monitored Perimeter Security Fence Systems on
Commercial and Industrial Zoned Properties, Subject to Specified Criteria
In the Ordinance
City Council Regular Meeting Agenda
06/21/2021 Page6 1. Staff Report: Karen Garner, Community Development Director
2. Disclosure of Ex-Parte Communications
3. Open Public Hearing
4. Close Public Hearing
5. Possible Action:
Introduce an Ordinance of the City Council of the City of Gilroy amending the
Gilroy City Code, Chapter 30 (Zoning), Article XXXIV (Fences and Obstructions)
to allow monitored perimeter security fence systems on commercial and
industrial zoned properties, subject to specified criteria in the ordinance (Roll Call
Vote)
C. Tentative Map TM 20-08 to Subdivide 8.95-acres in to Three Parcels, for a
Property Located in the Commercial Industrial (CM) Zoning District at 6605
Automall Parkway (formerly Chestnut St.) (APN 841-16-117)
1. Staff Report: Miguel Contreras, Planner I
2. Disclosure of Ex-Parte Communications
3. Open Public Hearing
4. Close Public Hearing
5. Possible Action:
Adopt a Resolution approving Tentative Map TM 20-08 to subdivide 8.95-acres in
to three parcels, for a property located in the Commercial Industrial (CM) Zoning
District at 6605 Automall Parkway (formerly Chestnut St.), APN 841-16-117. (Roll
Call Vote)
IX. UNFINISHED BUSINESS
A. Code Enforcement Program Update
1. Staff Report: Karen Garner, Community Development Director
2. Public Comment
3. Possible Action:
Receive this report and provide direction to staff, if any.
X. INTRODUCTION OF NEW BUSINESS
A. Fireworks Enforcement Strategy
1. Staff Report: Pedro Espinoza, Police Chief
2. Public Comment
3. Possible Action:
Receive report.
B. Report on Housing Element Workplan and Status of Regional Housing
Needs Allocation (RHNA) Distribution
City Council Regular Meeting Agenda
06/21/2021 Page7 1. Staff Report: Karen Garner, Community Development Director
2. Public Comment
3. Possible Action:
1. Receive report and provide staff direction regarding Council expectations for
the 2023-2031 Housing Element.
2. Direct staff on whether to appeal the ABAG RHNA distribution (equity
adjustment) for the City of Gilroy.
C. Declaration of Certain Substandard Housing Conditions at 402 Madison
Court and 6860 Rosanna Street as Blighted Property and a Public Nuisance
1. Staff Report: Scott Barron, Code Enforcement Officer
2. Public Comment
3. Possible Action:
a) Adopt a resolution of the City Council of the City of Gilroy declaring 402
Madison Court to be a blighted property and directing the City Administrator
to begin the process to abate such nuisance.
b) Adopt a resolution of the City Council of the City of Gilroy declaring 6860
Rosanna Street to be a blighted property and directing the City Administrator
to begin the process to abate such nuisance.
D. Approval of an Exception to the CalPERS 180-Day Waiting Period for Work
After Retirement for Bonnie Snyder (Retired Annuitant) to Serve in an Extra
Help Position in the 911 Communications Center of the Police Department
1. Staff Report: LeeAnn McPhillips, Administrative Services/HR Director/Risk
Manager
2. Public Comment
3. Possible Action:
Adopt a resolution of the City Council of the City of Gilroy approving the
exception to the CalPERS 180-day wait period and appointment of Bonnie
Snyder (retired annuitant) to an extra help position in the 911 Communications
Center of the Gilroy Police Department.
E. Discontinuance of Certain Concessions Previously Agreed to with the
Gilroy Firefighters, IAFF, Local 2805 Labor Group
1. Staff Report: LeeAnn McPhillips, Administrative Services/HR Director/Risk
Manager
2. Public Comment
3. Possible Action:
Approve and authorize the City Administrator to execute an amendment to the
Memorandum of Understanding with Gilroy Firefighters, IAFF, Local 2805 which
ends certain agreed upon concessions effective July 1, 2021.
XI. CITY ADMINISTRATOR'S REPORTS
XII. CITY ATTORNEY'S REPORTS
City Council Regular Meeting Agenda
06/21/2021 Page8 XIII. CLOSED SESSION
A. PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT; Pursuant to
Government Code Section 54957 and Gilroy City Code Section 17A.11(2)
Name/Title: City Clerk
ADJOURNMENT
MEETING DATES
JULY 2021
1* Regular Meeting – 6:00 p.m.
AUGUST 2021
2* Regular Meeting – 6:00 p.m.
16* Regular Meeting – 6:00 p.m.
23* Special Joint Meeting with Santa Clara Valley Water District and City
of Morgan Hill via Zoom – 6:00 p.m.
SEPTEMBER 2021
13* Regular Meeting – 6:00 p.m.
20* Regular Meeting – 6:00 p.m.
* meeting is webstreamed and televised
City of Gilroy
STAFF REPORT
Agenda Item Title: Adoption of a Resolution of the City Council of the City of Gilroy
Acknowledging Receipt of a Report Made by the Fire Chief of the
Gilroy Fire Department Regarding the Inspection of Certain
Occupancies Requiring Annual Inspections in Such Occupancies
Pursuant to Sections 13146.2 and 13146.3 of the California Health
and Safety Code
Meeting Date: June 21, 2021
From: Jimmy Forbis, City Administrator
Department: Fire Department
Submitted By: Jim Wyatt
Prepared By: Jennifer Fortino
Jonathan Crick
Strategic Plan Goals
☐ Fiscal Stability
☐ Downtown
Revitalization
☐ Economic
Development
☐ Neighborhood Services
Enhanced Public
Safety
☐ Workforce Stability ☐ Public Engagement
RECOMMENDATION
Adoption of a Resolution of the City Council of the City of Gilroy Acknowledging Receipt
of a Report Made by the Fire Chief of the Gilroy Fire Department Regarding the
Inspection of Certain Occupancies Requiring Annual Inspections in Such Occupanci es
Pursuant to Sections 13146.2 and 13146.3 of the California Health and Safety Code
EXECUTIVE SUMMARY
6.A
Packet Pg. 9
Every city, county and fire district providing fire protection services is required to
annually inspect every building used as a public or private school and certain other
occupancies including multi-family residential for compliance with fire and life safety
building standards.
California Senate Bill 1205 approved on September 27, 2018, added Section 13146.4 to
the Health and Safety Code, which requires every city, county, and fire district fire
department conducting these inspections to submit an annual compliance report to its
administering agency. As such, the City of Gilroy Fire Department must submit an
annual fire inspection compliance report to the City Council to comply with this
requirement. This report covers the fiscal year 2020.
BACKGROUND
California Senate Bill 1205 (SB 1205) was signed into law on September 27, 2018, in
response to the tragic Ghost Ship Fire in Oakland California, December 2016. This
incident brought national attention to California and put a spotlight on fire safety laws as
well as the performance of fire inspections. This law amends preceding law such that an
annual report on state mandated inspections is now required to be submitted to the
governing body of each jurisdiction having the authority for these inspections. The law
requires the report to be acknowledged by the governing body in a resolution or similar
formal document.
State mandated inspections were enacted by the California Health & Safety Code
Sections 13146.2 and 13146.3 and requires all fire departments that provide fire
protection services to perform annual inspections in every building used as a public or
private school, hotel, motel, lodging house, apartment house, and certain residential
care facilities for compliance with fire and life safety building standards. The California
Health & Safety Code Sections 13146.2 and 13146.3 did not require fire departments to
report or demonstrate compliance as the new law (SB 1205) does.
Although there are no penalties identified in the law, adoption of the resolution by the
City Council will establish the City of Gilroy’s intent to fulfill the requirements of the
California Health & Safety Code regarding acknowledgment of the Gilroy Fire
Department’s compliance with California Health and Safety Code Sections 13146.2 and
13146.3. The State law specifies the Occupancy types that are required to be
inspected annually as described below.
The first category of State Mandated Fire Inspections is public and private schools that
are generally classified as Educational Group E occupancies. These include schools
used by more than six persons at any one time, for educational purposes through the
12th grade. Within the City of Gilroy, there are 22 Group E occupancies, buildings,
structures and facilities. During fiscal year 2020, the Gilroy Fire Department completed
100% of the Group E - Educational occupancies annual fire inspections.
6.A
Packet Pg. 10
The second category of State Mandated Fire Inspections are hotels, motels, apartments
with three or more units, and other residential occupancies that contain sleeping units
(including some residential care facilities) are generally classified as Residential Group
R occupancies. The residential care facilities have various sub-classifications and may
contain residents or clients that have a range of needs, such as, custodial care, mobility
impairments, cognitive disabilities, and may also be non-ambulatory. Within the City of
Gilroy, there are 217 Group R (and their associated sub-categories) occupancies.
During fiscal year 2020, the Gilroy Fire Department completed 100% of the Group R -
Residential occupancies annual fire inspections.
This second category of State Mandated residential inspections is completed by the
Gilroy Fire Department Operations line-staff as well as the Fire Prevention Bureau. To
increase overall performance and compliance with the State mandate, the Fire
Prevention Bureau has been assigned the inspections of the larger apartment
complexes and structures four or more stories in height including large hotels in addition
to certain residential care facilities or other sub-classifications. The combined ongoing
effort will increase the Department’s compliance rate for all mandated inspection efforts.
ALTERNATIVES
None - State Mandated Inspections are required to be completed. This process is
dictated by Statute - Health and Safety Code.
It should be noted that non-State Mandated Inspections can be completed on a cycle
and method as determined by the City. The Department is currently reviewing
alternative inspection methods for possible implementation during the 2020 calendar
year.
FISCAL IMPACT/FUNDING SOURCE
There is no fiscal impact as a result of acknowledging th e Gilroy Fire Department’s
compliance with certain State mandated fire inspections.
CONCLUSION
This report is intended to communicate to the City Council the level of compliance with
state mandated safety inspections as required by State law.
Attachments:
Attachment A - Resolution Acknowledging the Measure of Compliance with California
Health and Safety Code Sections 13146.2 and 13146.3
Attachment B – SB 1205
6.A
Packet Pg. 11
Attachments:
1. Resolution Mandated inspection for 2020
2. SB 1205
6.A
Packet Pg. 12
RESOLUTION NO. 2021-XX
RESOLUTION NO. 2021-XX
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF GILROY, CALIFORNIA ACKNOWLEDGING
RECEIPT OF A REPORT MADE BY THE FIRE CHIEF
OF THE GILROY FIRE DEPARTMENT REGARDING
THE INSPECTION OF CERTAIN OCCUPANCIES
REQUIRING ANNUAL INSPECTIONS IN SUCH
OCCUPANCIES PURSUANT TO SECTIONS 13146.2
AND 13146.3 OF THE CALIFORNIA HEALTH AND
SAFETY CODE
WHEREAS, California Health & Safety Code Section 13146.4 was added in 2018,
and became effective on September 27, 2018;
WHEREAS, California Health & Safety Code Sections 13146.2 and 13146.3
requires all fire departments, including the Gilroy Fire Department, that provide fire
protection services to perform annual inspections in every building used as a public or
private school, hotel, motel, lodging house, apartment house, and certain residential care
facilities for compliance with building standards, as provided; and,
WHEREAS, California Health & Safety Code Section 13146.4 requires all fire
departments, including the Gilroy Fire Department, that provide fire protection services
to report annually to its administering authority on its compliance with Sections 13146.2
and 13146.3; and,
WHEREAS, the City Council intends this Resolution to fulfill the requirements of
the California Health & Safety Code regarding acknowledgment of the Gilroy Fire
Department's compliance with California Health and Safety Code Sections 13146.2 and
13146.3.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL AS
FOLLOWS:
1. That said Council expressly acknowledges the measure of compliance of the
Gilroy Fire Department with California Health and Safety Code Sections 13146.2 and
13146.3 in the area encompassed by the City, as follows:
6.A.a
Packet Pg. 13 Attachment: Resolution Mandated inspection for 2020 (3348 : Fire Chief's Report on Occupancy Inspections)
RESOLUTION NO. 2021-XX
A. EDUCATIONAL GROUP E OCCUPANCIES:
Educational Group E occupancies are generally those public and private schools, used by
more than six persons at any one time for educational purposes through the 12th grade.
Within the City, there lie 22 Group E occupancies, buildings, structures and/or facilities.
During fiscal year 2020, the Gilroy Fire Department and Fire Prevention
completed the annual inspection of 22 Group E occupancies, buildings, structures
and/or facilities. This is a compliance rate of 100% for this reporting period.
B. RESIDENTIAL GROUP R OCCUPANCIES:
Residential Group R occupancies, for the purposes of this resolution, are generally those
occupancies containing sleeping units, and include hotels, motels, apartments (three units
or more), etc. as well as mandated residential care facilities. These residential care
facilities have several different sub-classifications, and they may contain residents or
clients that have a range of needs, including those related to custodial care, mobility
impairments, cognitive disabilities, etc. The residents may also be non-ambulatory or
bedridden. Within the City, there lie 217 Group R (and their associated sub-categories)
occupancies of this nature.
During fiscal year 2020, the Gilroy Fire Department completed the annual inspection of
217 Group R occupancies, buildings, structures and/or facilities. This is a compliance rate
of 100% for this reporting period.
PASSED AND ADOPTED on this 21St day of June, 2021 by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
APPROVED:
___________________________
ATTEST: Marie Blankley, Mayor
_______________________________
LeeAnn McPhillips, Interim City Clerk
6.A.a
Packet Pg. 14 Attachment: Resolution Mandated inspection for 2020 (3348 : Fire Chief's Report on Occupancy Inspections)
Senate Bill No. 1205
CHAPTER 854
An act to add Section 13146.4 to the Health and Safety Code, relating to
fire protection.
[Approved by Governor September 27, 2018. Filed with
Secretary of State September 27, 2018.]
legislative counsel ’s digest
SB 1205, Hill. Fire protection services: inspections: compliance reporting.
Existing law requires the chief of any city or county fire department or
district providing fire protection services and his or her authorized
representatives to inspect every building used as a public or private school
within his or her jurisdiction, for the purpose of enforcing specified building
standards, not less than once each year, as provided. Existing law requires
every city or county fire department or district providing fire protection
services that is required to enforce specified building standards to annually
inspect certain structures, including hotels, motels, lodging houses, and
apartment houses, for compliance with building standards, as provided.
This bill would require every city or county fire department, city and
county fire department, or district required to perform the above-described
inspections to report annually to its administering authority, as defined, on
the department’s or district’s compliance with the above-described inspection
requirements, as provided. The bill would require the administering authority
to acknowledge receipt of the report in a resolution or a similar formal
document. To the extent this bill would expand the responsibility of a local
agency, the bill would create a state-mandated local program.
The California Constitution requires the state to reimburse local agencies
and school districts for certain costs mandated by the state. Statutory
provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state, reimbursement
for those costs shall be made pursuant to the statutory provisions noted
above.
The people of the State of California do enact as follows:
SECTION 1. Section 13146.4 is added to the Health and Safety Code,
to read:
13146.4. (a) Every city or county fire department, city and county fire
department, or district required to perform an annual inspection pursuant
93
STATE OF CALIFORNIA
AUTHENTICATED
ELECTRONIC LEGAL MATERIAL
6.A.b
Packet Pg. 15 Attachment: SB 1205 (3348 : Fire Chief's Report on Occupancy Inspections)
Ch. 854 — 2 —
to Sections 13146.2 and 13146.3 shall report annually to its administering
authority on its compliance with Sections 13146.2 and 13146.3.
(b) The report made pursuant to subdivision (a) shall occur when the
administering authority discusses its annual budget, or at another time
determined by the administering authority.
(c) The administering authority shall acknowledge receipt of the report
made pursuant to subdivision (a) in a resolution or a similar formal
document.
(d) For purposes of this section, “administering authority” means a city
council, county board of supervisors, or district board, as the case may be.
SEC. 2. If the Commission on State Mandates determines that this act
contains costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7 (commencing
with Section 17500) of Division 4 of Title 2 of the Government Code.
93
6.A.b
Packet Pg. 16 Attachment: SB 1205 (3348 : Fire Chief's Report on Occupancy Inspections)
City of Gilroy
STAFF REPORT
Agenda Item Title: A Resolution of the City Council of the City of Gilroy Setting the
Annual Fireworks Service Fee for Impacts on City Fire and Police
Services Related to the Sale and Use of Safe and Sane Fireworks
Pursuant to Gilroy City Code Section 10A
Meeting Date: June 21, 2021
From: Jimmy Forbis, City Administrator
Department: Fire Department
Submitted By: Jim Wyatt
Prepared By: Jennifer Fortino
Strategic Plan Goals
☐ Fiscal Stability
☐ Downtown
Revitalization
☐ Economic
Development
☐ Neighborhood Services
Enhanced Public
Safety
☐ Workforce Stability ☐ Public Engagement
RECOMMENDATION
EXECUTIVE SUMMARY
Pursuant to Gilroy City Code Section 10A.8(b), the Fireworks Service Fee is to be
determined each year by the City's Fire and Police Chiefs and adopted by resolution.
The Fireworks Service Fee is intended to provide funding for the City to take actions to:
1) Reduce the use of illegal and dangerous fireworks that occurs in conjunction
with the legal use of Safe and Sane Fireworks during the 4th of July
celebration.
2) Augment daily staffing in preparation for an increase in police, fire and EMS
6.B
Packet Pg. 17
activity resulting from firework usage.
The Fireworks Service Fee is separate and different from the booth permit and
application fee that the City charges for the operation of the Safe and Sane Fireworks
sales booths.
BACKGROUND
The City Code does not specify what the Fireworks Service Fee is intended to cover or
how the Mitigation Plan is to be structured. In the past, the Police and Fire Chiefs
determined the required staffing and deployment including:
1) Staffing additional dispatchers for the July 4th weekend
2) Staffing additional patrol officers for the July 4th weekend
3) Staffing an additional Fire Engine for the July 4th weekend
4) Adding additional staffing to existing fire engines for the July 4th weekend
5) And the bulk mailing of an English/Spanish notification postcard to all Gilroy
mailing addresses and the coordination of any administrative citations issued
and the subsequent appeals hearings, if needed, performed by the Fire
Marshal’s Office.
Gilroy City Code Section 10A.8 requires that a Fireworks Service Fee be paid by the
Safe and Sane Fireworks vendors to fund additional staff resources to counter the use
of illegal and dangerous fireworks during the July 4th celebrations. The Fireworks
Service Fee is to provide cost recovery for the Gilroy Fire and Police Departments'
Fireworks Mitigation Plan.
The City Code establishes a limit of booth permits and grandfathers the booth permit to
organizations that had a permit the prior year. Currently, one vendor provides the
fireworks for up to 15 non-profit organizations that have a booth permit. The vendor
monitors the existing organizations as well as manages any potential new applicants for
a booth permit that becomes available.
How, or if, the vendor then recoups the fee from the potential 15 non -profit
organizations is a contractual arrangement between the vendor and the non -profit booth
organizations, and is not dictated by the City Code. However, the vendor typically
assesses a portion of the estimated fee to each organization. This fee has ranged
between 6-8% of the organizations’ revenue, which is dependent on the fee and that
year’s revenues.
ANALYSIS
6.B
Packet Pg. 18
The cost of the 2020 Fireworks Mitigation Plan is based on the attached spreadsheet
and totals $42,627.52.
The Police Department, Fire Department, and Fire Marshal's Office each provided the
cost analysis for their portion of the plan using the Finance Department’s calculated
hourly rate by position. The attached 2021 Fee Calculation document provides the cost
breakdown. The attached Resolution is to adopt the Fireworks Service Fee for
implementing the 2021 Fireworks Mitigation Plan.
The wholesale vendor that supplies the State Certified Safe and Sane Fireworks to the
non-profit organizations pays the fireworks service fee. The fee is deposited into an 801
account and is then transferred to each department’s revenue accounts. Since the fees
are based on the costs provided by each department, there is typically not a shortage or
overage. However, if there is an excess of funds collected, staff could apply the excess
funds to the next year’s fireworks service fee. However, if additional overtime is required
to implement the mitigation plan, then the City could add any unreimbursed overtime
costs to the fee calculation for the following year’s program. A surplus of $464.98 from
the 2020 Mitigation Fees has been applied to offset this year’s mitigation fees.
ALTERNATIVES
The City Council could decide to take no action. A Fireworks Service Fee would not be
established to provide funding to reduce the use of illegal and dangerous fireworks. The
additional enforcement would not occur and funding would be provided through the
general fund, or a combination of reduced enforcement with taxpayer funding. Staff
does not recommend this action.
FISCAL IMPACT/FUNDING SOURCE
Staff does not expect any net costs to the City as the fee charged to the vendor is
based on the actual cost of carrying out the plan.
CONCLUSION
The fee will reimburse the City for the implementation of the Fireworks Mitigation Plan.
NEXT STEPS
If approved, staff would then implement this year’s Illegal and Dangerous Fireworks
Mitigation Program and apply the fee as authorized.
PUBLIC OUTREACH
The Fire Marshal’s Office will produce and send out post card mailers to all Gilroy
addresses to inform the public about illegal and dangerous fireworks. The Fire
Marshal’s Office will also coordinate with the Public Information/Community
6.B
Packet Pg. 19
Engagement Office (PIO) to release the same information on media channels used by
the PIO for community engagement.
Attachments:
1. Resolution 2021 Fireworks Mitigation Fee
2. Fee Calculation 2021 Fireworks Mitigation
3. Permits 2021 Fireworks Booth
Attachments:
1. Fireworks Mitigation Fee Calculation 2021
2. Fireworks Mitigation Fee Resolution 2021
3. 2021 Fireworks Booth (15) Permits
6.B
Packet Pg. 20
Hourly Number Hours Total
Police Department
Patrol Officer (OT)153.95 12 5.5 $10,160.70
Public Safety Communicator (OT)116.84 2 5.5 $1,285.24
TOTAL POLICE $11,445.94
Fire Department
Firefighter I/II (OT)146.62 5 10 $7,331.00
Fire Engineer (OT)154.17 4 10 $6,166.80
Fire Captain (OT)165.01 3 10 $4,950.30
TOTAL FIRE $18,448.10
Fire Prev.
Fireworks Administrative Citation Booklets $287.76
All Fireworks Prohibited Posters $223.45
Postcard Flyer to all addresses in the city (24,080)$11,187.05
Deputy Fire Marshal (OT)150.02 1 10 $1,500.20
TOTAL Fire Prevention $13,198.46
TOTAL PROGRAM $43,092.50
LESS ACT. BALANCE ($464.98)
TOTAL FEE $42,627.52
6.B.a
Packet Pg. 21 Attachment: Fireworks Mitigation Fee Calculation 2021 (3354 : 2021 Public Safety Mitigation Fees)
-1-
RESOLUTION NO. 2021-XX
RESOLUTION NO. 2021-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY SETTING THE ANNUAL FIREWORKS
SERVICE FEE FOR IMPACTS ON CITY FIRE AND POLICE
SERVICES RELATED TO THE SALE AND USE OF SAFE
AND SANE FIREWORKS PURSUANT TO GILROY CITY
CODE CHAPTER 10A
WHEREAS, Chapter 10A of the City of Gilroy (“City”) City Code regulates the local
retail sale, use and storage of “safe and sane fireworks” as defined in 12529 of the Health and
Safety Code of the State of California; and
WHEREAS, the City Fire and Police Departments each year experience a significant
number of non-routine Fire and Police requests for services, emergency calls and citizen
complaints, all of which are directly related to the use of illegal and legal fireworks during 4 th of
July celebrations; and
WHEREAS, the City Council on April 5, 2004, adopted Ordinance No. 2004-03 adding
section 10A.8(b) to Chapter 10A of the City Code to establish a permit fee for fireworks sales,
and a fireworks service fee to alleviate the financial impacts of providing public safety s ervices
directly related to the 4th of July celebrations; and
WHEREAS, Ordinance No. 2004-03 requires that the fireworks service fee be
determined by the City’s Fire and Police Chiefs and adopted annually by City Council
resolution; and
WHEREAS, the City Council also on April 5, 2004, adopted Resolution No. 2004-24,
directing the City’s Fire and Police Chiefs to develop a Fireworks Mitigation Strategy for the
upcoming 4th of July celebrations each year, setting forth the amount of the fireworks service fee
to recover the anticipated costs.
WHEREAS, the City Fire and Police Chiefs have developed a Fireworks Mitigation
Strategy for the 4th of July, 2021, celebrations that includes both public information and
additional public safety staff hours at an anticipated cost to the City of $42,627.52, and
6.B.b
Packet Pg. 22 Attachment: Fireworks Mitigation Fee Resolution 2021 (3354 : 2021 Public Safety Mitigation Fees)
-2-
RESOLUTION NO. 2021-XX
WHEREAS, the City Council on June 21, 2021 reviewed the Fireworks Mitigation
Strategy Fee for 4th of July, 2021, attached hereunto as Exhibit A.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF GILROY, AS FOLLOWS:
1. Based on the July 4, 2021 Fireworks Mitigation Strategy with supporting
documents (e.g. Staff Report, Mitigation Fee Calculation, Permit list), the
fireworks service fee for 2021 has been determined to be $42,627.52.
2. On June 21, 2021, the City Council reviewed the fireworks service fee for the 4th
of July, 2021, and finds that the fee is a reasonable regulatory cost designed to
mitigate the adverse health, safety, environmental, and/or other societal effects
from the local retail sale, use, and storage of “safe and sane fireworks” as
regulated by Gilroy City Code Chapter 10A and is no more than necessary to
cover the costs of the City’s police and fire department July4th fireworks
mitigation strategy activities.
PASSED AND ADOPTED this 21st day of June, 2021 by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
APPROVED:
___________________________
Marie Blankley, Mayor
ATTEST:
__________________________________
LeeAnn McPhillips, Interim City Clerk
6.B.b
Packet Pg. 23 Attachment: Fireworks Mitigation Fee Resolution 2021 (3354 : 2021 Public Safety Mitigation Fees)
Organization:Application:Phone Number Permit#
1 Apostolic Assembly Church Pastor Gabriel Arias 408-710-8868 21040167
2 Christian School Parents Club Jennifer Welch 408-847-7922 21040168
3 El Camino Club (CHP)Chris Miceli 530-941-5520 21040169
4 Gavilan College Micheal Renzi 408-848-4715 21040170
5 Gilroy Elks Lodge Philip W. Quast 408-842-9397 21040171
6 Gilroy High School Cheerleader Boosters Michelle Baxter 408-838-6407 21040172
7 Gilroy High School Quarterback Club Anna Haro 408-825-3923 21040173
8 Gilroy High School Wrestling Alvaro Meza/Cassandra
Clark/Chris Leong 669-205-5483 21040174
9 Gilroy Police Officers Association Geoff Guerin 408-846-0300 21040175
10 Gilroy Little League BallPark Fund Jon Castro/Edward Lujan 408-310-8173 21040176
11 Gilroy Pop Warner Football Ricardo Ortiz 408-710-3018 21040177
12 Gilroy Youth Football & Cheer Ricardo Ortiz 408-710-3018 21040178
13 South County Baseball Boosters Mark Dover 408-710-1908 21040179
14 Victory Outreach Gilroy Nerrisa Perez 408-848-6715 21040180
15 Stick and Move Amateur Boxing Rick Mello 831-902-5088 21040181
2021 Firework Booth Permits
691 First Street
303 Tenth Street
777 First Street
Proposed Sales Site:
7150 Camino Arroyo
727 First Street
1203- 1260 First Street
8850 San Ysidro Ave
8400 Church Street
825 First Street
80 W. Tenth Street
8401 Church Street
7940 Monterey Rd.
401 E. Tenth Street
971 First Street
8220 Monterey Street
6.B.c
Packet Pg. 24 Attachment: 2021 Fireworks Booth (15) Permits (3354 : 2021 Public Safety Mitigation Fees)
6.B.c
Packet Pg. 25 Attachment: 2021 Fireworks Booth (15) Permits (3354 : 2021 Public Safety Mitigation Fees)
City of Gilroy
STAFF REPORT
Agenda Item Title: Opening of Recruitment for Current Openings on Various Boards,
Committees and Commissions
Meeting Date: June 21, 2021
From: Jimmy Forbis, City Administrator
Department: City Clerk
Submitted By: LeeAnn McPhillips
Prepared By: Anne Bybee
Anne Bybee
Strategic Plan Goals
☐ Fiscal Stability
☐ Downtown
Revitalization
☐ Economic
Development
☐ Neighborhood Services
☐ Enhanced Public
Safety
☐ Workforce Stability Public Engagement
RECOMMENDATION
Open a four-week recruitment period for openings on the following Boards, Committees
and Commissions:
· Arts and Culture Commission - one term expiring December 31, 2022
· Housing and Neighborhood Revitalization Committee - one term expiring
December 31, 2023
· Library Commission - one term expiring December 31, 2024
· Physically Challenged Board of Appeals - one term expiring December 23,
2023 and one term expiring December 31, 2024
6.C
Packet Pg. 26
BACKGROUND
There are currently five openings on several Advisory Boards, Committees and
Commissions as a result of the following circumstances:
The City has received a resignation from a seated member of the Library Commission
who is unable to fulfill her appointed term which expires December 31, 2024.
The other four vacancies are a result of members who have unexcused absences. The
attendance policy for Boards, Commission and Committee members is governed by
City Council Resolution 2018-41. Pursuant to Section II. Absences. “A member with an
unexcused absence shall be removed from their seat.” The City Clerk’s Office has
notified the members that their seats have been vacated due to unexcused absences .
• One vacancy on the Arts and Culture Commission with a term expiring
12/31/2022
• One vacancy on the Housing and Neighborhood Revitalization Committee with a
term expiring December 31, 2023
• Two vacancies on the Physically Challenged Board of Appeals with one term
expiring 12/31/2023 and one term expiring 12/31/2024
CONCLUSION
Staff recommends opening a four-week recruitment period closing on July 23, 2021 and
scheduling Council interviews to fill the vacant seats at the August 2, 2021 Council
meeting with anticipated appointments at the August 16, 2021 Council meeting.
PUBLIC OUTREACH
Recruitment material will be distributed through all City social media outlets and on the
City website.
6.C
Packet Pg. 27
1
City Council Meeting Minutes
06/7/2021
City of Gilroy
City Council Meeting Minutes
June 7, 2021
SPECIAL MEETING - CLOSED SESSION - 5:30 P.M.
CALL TO ORDER AND ROLL CALL
Mayor Blankley called the meeting to order at 5:30 p.m.
CLOSED SESSION
City Attorney Faber read the closed session items.
Public comment was opened.
No public comment.
Public comment was closed.
The meeting went into closed session at 5:35 p.m.
6.D
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i. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to GC Sec. 54956.8 and GCC Sec.17A.8 (a) (2) Property: Old
City Hall Restaurant, 7400 Monterey Street, Gilroy, CA and Adjacent
Parking Lot (APN’s: 846-06-061 and 841-08-044) Negotiators: Jimmy
Forbis, City Administrator Other Party to Negotiations: Fran and
Bobby Beaudet Under Negotiations: Terms of Lease
ii. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to GC Sec. 54956.8 and GC Sec.17A.8 (a) (2) Property:
Gilroy Sports Park, 5925 Monterey Frontage Road (APN’s 808-221-
026, -028, and -030) Negotiators: Jimmy Forbis, City Administrator
Other Party to Negotiations: Sharks Sports and Entertainment, LLC
Under Negotiations: Price and Terms of Lease
iii. CONFERENCE WITH LABOR NEGOTIATORS - COLLECTIVE
BARGAINING UNITS Pursuant to GC Section 54957.6 and GCC
Section 17A.11 (4); Collective Bargaining Units: Local 2805, IAFF Fire
Unit Representing Gilroy Fire Fighters; AFSCME Local 101
Representing Employees Affiliated with AFSCME, Local 101; Gilroy
Management Association (GMA); Gilroy Police Officers Association,
Inc. Representing Gilroy Police Officers; Unrepresented Confidential
Exempt Employees, Unrepresented Confidential Non-Exempt
Employees, No
1. Public Comment on Closed Session Items
2. City Attorney's Advice Re: Entering into Closed Session
3. Adjourn to Closed Session
ADJOURN TO THE MEETING OF THE GILROY CITY COUNCIL
REGULAR MEETING - 6:00 P.M.
I. OPENING
City Attorney Faber stated there was no reportable action from any of the items
on the closed session agenda.
II. Call to Order
The meeting was called to order at 6:00 PM by Mayor Blankley.
1. Pledge of Allegiance
Council Member Marques led the pledge of allegiance.
2. Invocation
None.
3. City Clerk's Report on Posting the Agenda
Management Assistant Ruiz reported tonight's meeting agenda was posted on
Wednesday, June 2nd at 5:15 p.m.
6.D
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ROLL CALL
Attendee Name Title Status Arrived
Marie Blankley Mayor Remote
Rebeca Armendariz Council Member Remote
Dion Bracco Council Member Remote
Zach Hilton Council Member Remote
Peter Leroe-Muñoz Council Member Remote
Carol Marques Council Member Remote
Fred Tovar Council Member Remote
III. Orders of the Day
Mayor Blankley requested to move item XIII. Unfinished Business, A. Council
Unhoused Ad Hoc Committee Update after item XI. Public Hearing, A. Hecker
Pass Apartments TEFRA Hearing. Council agreed.
IV. Employee Introductions
1. Promotion of Fire Division Chief Shaun Peyghambary
Chief Jim Wyatt provided a brief introduction of Shaun Peyghambary's
accomplishments and well-deserved promotion to Fire Division Chief.
V. CEREMONIAL ITEMS - NONE
A. Proclamations, Awards, and Presentations
VI. PRESENTATIONS TO THE COUNCIL - NONE
VII. REPORTS OF COUNCIL MEMBERS
Council Member Bracco - Announced the Library District approved their 2022-23
budget; 19 million dollars in reserves and will be upgrading their cyber security.
Council Member Armendariz - Announced the GDBA will be holding a fundraiser
event for flags to be posted in Downtown Gilroy. The Historic Heritage
Committee was cancelled in May. Attended the funeral of local resident Adrian
Balleza.
Council Member Marques - Attended the GDBA meeting and added to Council
member Armendariz’s report. A fundraising event will be held at Gourmet Alley
on June 26th from 5-9 pm; proceeds will go to Asher Heirloom's renovation.
GDBA will also be hosting a Craft and Vendor event on Saturday, July 10th.
Downtown Live will begin Thursday, July 22nd.
Council Member Hilton - Announced that the community is invited to join the
Unhoused SCYTF meeting on Thursday, June 10th at 5:30 p.m. Sent birthday
wishes to Frank Aredondo who turned 100 on June 7th. Sends his condolences
to the VTA families who lost a loved one in the recent shooting in San Jose.
Council Member Tovar - Attended the Salvation Army Community Awards
Ceremony and congratulated many local residents who continue to dedicate their
time to help the Salvation Army. Thanked those who supported and attended the
recent Pride Flag raising on June 1st.
6.D
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Council Member Leroe-Muñoz - Announced that the Gilroy Economic
Development corporation meeting will be held this Wed, 6/9 Chamber/Gavilan.
The Mobility Partnership meeting is cancelled; collaboration from elected officials
from SSC and SBC regards to mutual transportation. Sends his condolences to
the families who lost a loved one during the tragic accident in San Jose.
Mayor Blankley - reported that the Mobility Partnership meeting was postponed.
Sends her condolences to the Balleza family as well.
VIII. FUTURE COUNCIL INITIATED AGENDA ITEMS - NONE
IX. CONSENT CALENDAR (ROLL CALL VOTE)
RESULT: APPROVE [UNANIMOUS]
MOVER: Dion Bracco, Council Member
SECONDER: Peter Leroe-Muñoz, Council Member
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques,
Tovar
A. Approval of a Notice of Acceptance of Completion for the 2021 Annual
Sidewalk Gap Closure and Curb Ramp Improvements Project No. 21-PW-
267 and Approval of a Final Contract with ASG Builders in the Amount of
$117,000
B. Adoption of a Resolution Continuing Participation in the Abandoned
Vehicle Abatement Program for another 10-year Term Pursuant to
California Vehicle Code Section 22710
C. 5-10-21 City Council Study Session Meeting Minutes
D. 5-17-21 City Council Regular Meeting Minutes
E. 5-24-21 City Council Study Session Meeting Minutes
X. BIDS AND PROPOSALS
A. Award a Contract to Golden Bay Construction Inc. for the W. 10th Crossing
at Orchard Drive Project (No. 21-PW-269), and approve a project
expenditure of $150,895
Public Works Director Jordan presented the report.
Public comment was opened.
No public comment.
Public comment was closed.
Possible Action:
a) Motion was made by Council Member Tovar, seconded by Council Member
Marques to adopt Resolution 2021-19 of the City Council of the City of Gilroy
amending the budget for the City of Gilroy for Fiscal Year 2020 -2021 and
appropriating proposed expenditure amendments.
6.D
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Possible Action:
a) Adopt a resolution of the City Council of the City of Gilroy amending the
budget for the City of Gilroy for Fiscal Year 2020-2021 and appropriating
proposed expenditure amendments.
b) Award a Contract to Golden Bay Construction, Inc. in the amount of
$137,177.50, with an additional project contingency of $13,717.50 (10%),
for a total construction cost of $150,895 for the W. 10th Crossing at
Orchard Drive Project, No. 21-PW-269, and authorize the City
Administrator to execute the contract and associated documents.
RESULT: APPROVE [UNANIMOUS]
MOVER: Fred Tovar, Council Member
SECONDER: Carol Marques, Council Member
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques,
Tovar
x Award a Contract to Golden Bay Construction Inc. for the W. 10th Crossing
at Orchard Drive Project (No. 21-PW-269), and approve a project
expenditure of $150,895
Possible Action:
b) Motion was made by Council Member Tovar, seconded by Council Member
Leroe-Munoz to award a contract to Golden Bay Construction, Inc. in the amount
of $137,177.50, with an additional project contingency of $13,717.50 (10%), for a
total construction cost of $150,895 for the W. 10th Crossing at Orchard Drive
Project, No. 21-PW-269, and authorize the City Administrator to execute the
contract and associated documents.
Possible Action:
a) Adopt a resolution of the City Council of the City of Gilroy amending the
budget for the City of Gilroy for Fiscal Year 2020-2021 and appropriating
proposed expenditure amendments.
b) Award a Contract to Golden Bay Construction, Inc. in the amount of
$137,177.50, with an additional project contingency of $13,717.50 (10%),
for a total construction cost of $150,895 for the W. 10th Crossing at
Orchard Drive Project, No. 21-PW-269, and authorize the City
Administrator to execute the contract and associated documents.
RESULT: APPROVE [UNANIMOUS]
MOVER: Fred Tovar, Council Member
SECONDER: Peter Leroe-Muñoz, Council Member
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques,
Tovar
XI. PUBLIC HEARINGS
A. Conduct of a Tax Equity and Fiscal Responsibility Act (TEFRA) Public
Hearing and Approval of the Issuance of Multi-family Housing Revenue
Bonds by the California Municipal Finance Authority for an Affordable
Housing Project Located at 1520 Hecker Pass Highway
6.D
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The item was introduced by Mayor Blankley informing Council and the public the
item would be moved to the next scheduled City Council meeting on June 21st
due to another newspaper noticing error.
Public comment was opened.
No public comment.
Public comment was closed.
Possible Action:
Adopt a Resolution of the City Council of the City of Gilroy approving the
issuance of multifamily housing revenue bonds in an aggregate principal
amount not to exceed $30,000,000 for the purpose of financing or
refinancing the acquisition and construction of Hecker Pass Apartments
project.
B. Adopt Fiscal Year 2022 and 2023 Operating and Capital Budgets, GANN
Appropriations Limit for FY2022, Position Control List, and City Goals,
Priorities, Legislative Agenda, and Departmental Workplan
Finance Director Sangha presented the report.
Possible Action:
1.) Public hearing was opened; there were no public comment, public hearing
was closed.
2) Motion was made by Council Member Bracco, seconded by Council Member
Leroe-Munoz to adopt Resolution 2021-20 of the City Council of the City of Gilroy
setting the Appropriation Limit for Fiscal Year 2022 (FY22).
Motion Passed: 7-0-0-0 (Unanimous)
6.D
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Possible Action:
1. Open/Close public hearing;
2. Adopt a resolution of the City Council of the City of Gilroy setting the
Appropriation Limit for Fiscal Year 2022 (FY22);
3. Adopt a resolution of the City Council of the City of Gilroy adopting
the Operating and Capital Improvement Program budget for Fiscal Year
2022 (FY22) and Fiscal Year 2023 (FY23) and appropriating proposed
expenditures for the purposes set forth in the budget;
4. Adopt a resolution of the City Council of the City of Gilroy
establishing the Position Control List for FY22 and FY23; and
5. Approve of the FY22 and FY23 City Goals, Priorities, Legislative Agenda,
and Departmental Workplans
RESULT: APPROVE [UNANIMOUS]
MOVER: Dion Bracco, Council Member
SECONDER: Peter Leroe-Muñoz, Council Member
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques,
Tovar
x Adopt Fiscal Year 2022 and 2023 Operating and Capital Budgets, GANN
Appropriations Limit for FY2022, Position Control List, and City Goals,
Priorities, Legislative Agenda, and Departmental Workplan
Possible Action:
3) Motion was made by Council Member Hilton, seconded by Council Member
Armendariz to adopt a resolution of the City Council of the City of Gilroy adopting
the Operating and Capital Improvement Program budget for Fiscal Year 2022
(FY22) and Fiscal Year (FY23) and appropriating proposed expenditures for the
purposes set forth in the budget and to add specific language to this motion; if
there's a surplus at the end of FY22 and FY23 put it toward Christmas Hill Park
signage.
Motion Failed: 2-5-0-0 (AYES: Hilton, Armendariz)
3) Second motion was made by Council Member Bracco, seconded by Council
Member Leroe-Muñoz to adopt Resolution 2021-21 of the City Council of the City
of Gilroy adopting the Operating and Capital Improvement Program budget for
Fiscal Year 2022 (FY22) and Fiscal Year (FY23) and appropriating proposed
expenditures for the purposes set forth in the budget.
Motion Passed: 7-0-0-0 (Unanimous)
6.D
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Possible Action:
1. Open/Close public hearing;
2. Adopt a resolution of the City Council of the City of Gilroy setting the
Appropriation Limit for Fiscal Year 2022 (FY22);
3. Adopt a resolution of the City Council of the City of Gilroy adopting
the Operating and Capital Improvement Program budget for Fiscal Year
2022 (FY22) and Fiscal Year 2023 (FY23) and appropriating proposed
expenditures for the purposes set forth in the budget;
4. Adopt a resolution of the City Council of the City of Gilroy
establishing the Position Control List for FY22 and FY23; and
5. Approve of the FY22 and FY23 City Goals, Priorities, Legislative Agenda,
and Departmental Workplans
RESULT: APPROVE [UNANIMOUS]
MOVER: Dion Bracco, Council Member
SECONDER: Peter Leroe-Muñoz, Council Member
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques,
Tovar
x Adopt Fiscal Year 2022 and 2023 Operating and Capital Budgets, GANN
Appropriations Limit for FY2022, Position Control List, and City Goals,
Priorities, Legislative Agenda, and Departmental Workplan
Possible Action:
4) Motion was made by Council Member Bracco, seconded by Council Member
Marques to adopt Resolution 2021-22 of the City Council of the City of Gilroy
establishing the Position Control List for FY22 and FY23.
Motion Passed: 7-0-0-0 (Unanimous)
Possible Action:
1. Open/Close public hearing;
2. Adopt a resolution of the City Council of the City of Gilroy setting the
Appropriation Limit for Fiscal Year 2022 (FY22);
3. Adopt a resolution of the City Council of the City of Gilroy adopting
the Operating and Capital Improvement Program budget for Fiscal Year
2022 (FY22) and Fiscal Year 2023 (FY23) and appropriating proposed
expenditures for the purposes set forth in the budget;
4. Adopt a resolution of the City Council of the City of Gilroy
establishing the Position Control List for FY22 and FY23; and
5. Approve of the FY22 and FY23 City Goals, Priorities, Legislative Agenda,
and Departmental Workplans
RESULT: APPROVE [UNANIMOUS]
MOVER: Dion Bracco, Council Member
SECONDER: Carol Marques, Council Member
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques,
Tovar
x Adopt Fiscal Year 2022 and 2023 Operating and Capital Budgets, GANN
Appropriations Limit for FY2022, Position Control List, and City Goals,
Priorities, Legislative Agenda, and Departmental Workplan
6.D
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Possible Action:
5) Motion was made by Council Member Bracco, seconded by Co uncil Member
Tovar to approve of the FY22 and FY23 City Goals, Priorities, Legislative
Agenda, and Departmental Workplans.
Motion Passed: 7-0-0-0 (Unanimous)
Possible Action:
1. Open/Close public hearing;
2. Adopt a resolution of the City Council of the City of Gilroy setting the
Appropriation Limit for Fiscal Year 2022 (FY22);
3. Adopt a resolution of the City Council of the City of Gilroy adopting
the Operating and Capital Improvement Program budget for Fiscal Year
2022 (FY22) and Fiscal Year 2023 (FY23) and appropriating proposed
expenditures for the purposes set forth in the budget;
4. Adopt a resolution of the City Council of the City of Gilroy
establishing the Position Control List for FY22 and FY23; and
5. Approve of the FY22 and FY23 City Goals, Priorities, Legislative Agenda,
and Departmental Workplans
RESULT: APPROVE [UNANIMOUS]
MOVER: Dion Bracco, Council Member
SECONDER: Fred Tovar, Council Member
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques,
Tovar
XII. UNFINISHED BUSINESS
A. Council Unhoused Ad Hoc Committee Update
Council member Marques presented the report. Council Member Tovar and
Bracco added to the presentation.
1. Establish a Safe Parking Program - Unanimous Yes
2. Support a Mobile Garbage Removal Program - Unanimous Yes
3. Explore the purchasing of a Garbage Compacter Truck
Yes - Bracco, Tovar, Leroe-Muñoz, Marques, Blankley
No - Armendariz, Hilton
4. Hire a Quality of Life Officer
Yes - Bracco, Tovar, Leroe-Muñoz, Marques, Blankley
No - Hilton, Armendariz
Public Comment was opened for each recommendation.
Public comment was received from Freda, Mickey Scagliotti and Jan Bernstein.
Public Comment was closed.
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Council member Leroe-Muñoz - Requested to consider expanding the bandwidth
of Wireless Internet at City Hall. - Unanimous Yes
Council member Hilton - Requested to consider item 14. Partner with the County
Office of Supportive Housing and establish a partnership to have access to their
programs and services. - Unanimous Yes
Possible Action:
Receive Report
XIII. INTRODUCTION OF NEW BUSINESS
A. Approval of Issuance of Wastewater Revenue Bonds, Series 2021A
Finance Director Sangha presented the report.
Craig Hill, NHA Advisors and Danny Kim were present.
Public comment opened.
There was no public comment.
Public comment closed.
Possible Action:
Motion was made by Council member Leroe-Muñoz, seconded by Council
member Bracco to adopt Resolution 2021-23 of the City Council of the City of
Gilroy approving the issuance by the Gilroy Public Facilities Financing Authority
of not to exceed $55,000,000 of Gilroy Public Facilities Financing Authority
wastewater bonds, Series 2021A; approving the execution and delivery of
various related documents in connection with the offering and sale of such
bonds; and authorizing the taking of certain other matters related thereto.
Possible Action:
Adopt a resolution of the City Council of the City of Gilroy approving the
issuance by the Gilroy Public Facilities Financing Authority of not to
exceed $55,000,000 of Gilroy Public Facilities Financing Authority
wastewater bonds, Series 2021A; approving the execution and delivery of
various related documents in connection with the offering and sale of such
bonds; and authorizing the taking of certain other matters related thereto.
RESULT: APPROVE [UNANIMOUS]
MOVER: Peter Leroe-Muñoz, Council Member
SECONDER: Dion Bracco, Council Member
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques,
Tovar
ADJOURN TO THE MEETING OF GILROY PUBLIC FACILITIES FINANCING
AUTHORITY
Chairperson Blankley called the Gilroy Public Facilities Financing Authority to
order at 8:30 p.m.
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XIV. GILROY PUBLIC FACILITIES FINANCING AUTHORITY BOARD OF
DIRECTORS
ROLL CALL OF THE BOARD OF DIRECTORS
1. Approval by the Board of Directors of the Public Facilities Financing
Authority for the Issuance of Wastewater Revenue Bonds, Series 2021A
Finance Director Sangha provided a brief summary.
Public comment opened.
There was no public comment.
Public comment closed.
Possible Action:
Motion was made by Board of Directors Tovar, seconded by Board of Directors
Leroe-Muñoz to adopt Resolution PFFA 2021-02of the Board of Directors of the
Public Facilities Financing Authority approving the issuance by the Gilroy Public
Facilities Financing Authority of not to exceed $55,000,000 of Gilroy Public
Facilities Financing Authority wastewater bonds, Series 2021A; approving the
execution and delivery of various related documents in connection with the
offering and sale of such bonds; and authorizing the taking of certain other
matters related thereto.
Possible Action:
Adopt a resolution of the Board of Directors of the Public Facilities
Financing Authority approving the issuance by the Gilroy Public Facilities
Financing Authority of not to exceed $55,000,000 of Gilroy Public Facilities
Financing Authority wastewater bonds, Series 2021A; approving the
execution and delivery of various related documents in connection with the
offering and sale of such bonds; and authorizing the taking of certain other
matters related thereto.
RESULT: APPROVE [UNANIMOUS]
MOVER: Fred Tovar, Council Member
SECONDER: Peter Leroe-Muñoz, Council Member
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques,
Tovar
ADJOURN TO THE MEETING OF THE GILROY CITY COUNCIL
Adjourned at 8:34 p.m.
XV. CITY ADMINISTRATOR'S REPORTS
City Administrator Forbis thanked the community for participating in the
successful mattress recycling event and to the residents who brought forth this
item to our attention.
XVI. CITY ATTORNEY'S REPORTS
No report.
ADJOURNMENT
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Mayor Blankley adjourned the meeting at 8:35 p.m.
MEETING DATES
JUNE 2021
21* Regular Meeting - 6:00 p.m.
JULY 2021
1* Regular Meeting – 6:00 p.m.
AUGUST 2021
2* Regular Meeting – 6:00 p.m.
16* Regular Meeting – 6:00 p.m.
* meeting is webstreamed and televised
/s/ LeeAnn McPhillips
Administrative Services/HR Director/Risk Manager
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City of Gilroy
STAFF REPORT
Agenda Item Title: Authorize the City Administrator to Enter into an Agreement to
Purchase a Replacement Police Computer Aided Dispatch (CAD)
and Records Management System (RMS) from Sun Ridge
Systems, Inc. in the amount of $703,232
Meeting Date: June 21, 2021
From: Jimmy Forbis, City Administrator
Department: Police Department
Submitted By: Pedro Espinoza
Prepared By: Pedro Espinoza
Scott Golden
Strategic Plan Goals
☐ Fiscal Stability
☐ Downtown
Revitalization
☐ Economic
Development
☐ Neighborhood Services
Enhanced Public
Safety
☐ Workforce Stability ☐ Public Engagement
RECOMMENDATION
Authorize the City Administrator to Enter into an Agreement to Purchase a Replacement
Police Computer Aided Dispatch (CAD) and Records Management System (RMS) from
Sun Ridge Systems, Inc. in the Amount of $703,232 (Roll Call Vote)
EXECUTIVE SUMMARY
The current Records Management System and Computer Aided Dispatch systems
currently utilized by the Gilroy Police Department have reached the end of their
technological lifecycle. Legislative mandates have necessitated the need for a new
CAD/RMS system capable of extracting the required data to comply with the mandates.
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BACKGROUND
The Gilroy Police Department currently utilizes the Tiburon LLC CAD/RMS and Mobile
Solutions product for report writing, records management, computer aided dispatch and
statistical data. The Department went live with the Tiburon system in 2002. In the
preceding years, the company has been sold three times and is currently a product of
Central Square. The last upgrade to the RMS system was completed in 2007 and the
last version update to the CAD system was in 2016. The CAD/RMS system has
reached the end of its technological lifecycle. The software developer is no longer
offering version updates and is providing limited maintenance support.
ANALYSIS
The Police Department needs a new CAD/RMS system as the current RMS system has
not been upgraded for over 14 years, and the CAD system has not be en updated since
early 2016. These systems have reached their end of lifecycle, and the provider is
offering limited maintenance support.
Legislative changes mandate that Police Departments transition the method by which
statistical data is reported to State and Federal agencies from the old Uniform Crime
Reporting (UCR) system to the new National Incident Based Reporting System
(NIBRS). The new reporting requirements became effective on January 1, 2021, but
our current system does not have the capability to produce the reports necessary to
comply with the new reporting standards.
Beginning on January 1, 2022 the Department is also mandated to comply with the
Racial and Identity Profiling Act (RIPA) which requires submittal of specific data
collected. Our current system is not RIPA compliant. In order to comply with these
mandates a new CAD/RMS system capable of extracting required data for reporting
purposes is necessary.
Consistent with the 2020-2025 Strategic Plan Goals of enhancing public safety
capabilities and conducting a review of the City’s management tools, systems and
resources, the Department must procure and implement a CAD/RMS system. The most
expedient and cost-effective path to bring the Department into compliance with the 2021
and 2022 mandates is to “piggyback” on another agencies RFP for a CAD/RMS system
as allowed by the City’s purchasing policy.
Within the County of Santa Clara four police agencies issued RFP’s, made selections
and awarded contracts within the two-year time period identified in the City’s purchasing
policy. Three of those four agencies (Mountain View, Palo Alto and Los Altos)
combined their efforts into a single RFP and ultimately chose Sunridge RIMS system as
their new vendor.
The Los Gatos Police Department issued a Request for Proposal (RFP) for integration
services to implement a CAD/RMS software solution in February 2019. After careful
analysis, the Los Gatos Police Department selected Sun Ridge System’s RIMS product
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as their preferred solution. The Los Gatos City Council approved this purchase at their
August 6, 2019 Council Meeting. The system approved and purchased by Los Gatos is
essentially the same as that required by the Gilroy Police Department.
Sun Ridge Systems, Inc. has been serving public safety agencies for software
integration services since 1985. Their system will give the Gilroy Police Department the
ability to comply with existing and upcoming mandates, capture ongoing statistical data,
accurately measure performance, provide first responders with relevant information,
expedite report writing, and enhance internal cross-training while remaining on the
cutting edge of CAD/RMS technology.
With other Santa Clara County public service agencies as its clients, Sun Ridge
Systems is familiar not only with State and Federal mandates, but with Santa Clara
County Criminal Justice Information Control (CJIC) systems, the County criminal court
system and the District Attorney’s Office processes. Sun Ridge Systems understands
local governance structures through their service and implementation agreements with
other Santa Clara County public service agencies. This observed operational familiarity
of Santa Clara County processes will allow more time spent to analyze and guide the
Police Department through implementation and training to improve efficiencies and
meet NIBRS and RIPA mandates while supporting the Department’s report writing,
records management business needs, and promotion of data driven performance
management.
ALTERNATIVES
Council could direct staff to delay replacement of the CAD/RMS system and proceed
with a formal RFP process. The current CAD/RMS system has reached the end of
useful life and the Department has time critical legal mandates that currently cannot be
met. A formal RFP process would result in time delays of at least several months.
FISCAL IMPACT/FUNDING SOURCE
Funding for this project has been designated in the FY22 Information Technology
Capital Improvement Program Budget (GL# 690-1400-4320), which the City Council
adopted on June 7. The purchase of CAD/RMS and initial equipment would be a one-
time purchase of $703,232 which includes the first-year annual maintenance. Ongoing
annual maintenance is $69,120 per year (after the first year) and is part of the
Information Technology Operating Budgets.
Our current CAD/RMS vendor annual maintenance and support is $159,963 per year,
with a 5% contracted increase every year. The first-year maintenance and support for
Sunridge systems is included in the purchase price providing for a first-year savings of
at least $159,963 and a subsequent annual savings of at least $90,843 per year.
Additionally, the Gilroy Police Department currently uses Crime Reports.com as a
citizen interface for local crime data. This system will no longer be necessary resulting
in an additional savings of $3,588 per year.
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The annual savings of $94,431 and the first year saving of $159,963 will result in a 5.75 -
year payback period for the entire system.
Attachments:
1. Gilroy RIMS Quotation from Sun Ridge Systems v2a
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To:
From:
Subject:
Date:
Scot Smithee, Gilroy Police Department
Carol Jackson
Quotation for RIMS Software)
June 7, 2021
Thank you for your interest in RIMS. The following is quotation for RIMS software based upon our recent
request. Prices may be higher if responding to a request for proposal.
Item Price
RIMS Computer-Aided Dispatch and Records Management Software $210,000
RIMS Mobile Computer Software $63,000
iRIMS Law Mobile App Software $22,000
RIMS In Station Mapping Software (See Mapping note) $32,000
RIMS Mobile Mapping Software (See Mapping note) $11,000
RIMS Property Room Bar Coding Software $26,000
Citizen RIMS Public Access Software $11,000
RIMS E911 Link Software $13,000
RIMS State Link Software (CLETS) $13,000
RIMS Text Paging Link Software $6,000
RIMS Officer Training Management Software $8,000
RIMS CopLogic Import Software $4,000
RIMS AutoCite Import Software $4,000
AXON Link Software $3,000
NIBRS Reporting Software $15,000
RIMS Crossroads Collision Export Software $5,700
Mapping Data Engineering Services $2,500
Worth Data Bar Coding Equipment (See Bar Coding Equipment note) $1,700
Data Conversion Services (See Data Conversion note) $65,000
Installation and Training (Includes 26 days on site - see Installation & Training note) $120,174
First Year Support and Updates $67,005
RIMS InCustody Jail Management Software [Not Included] N/A
InCustody Lite Software [Not Included] N/A
RIMS Collaborate Data Sharing Software [Not Included] N/A
RIMS AFIS Link Software [Not Included] N/A
RIMS DA Link Software [Not Included] N/A
RIMS Body Camera Software [Not Included] N/A
RIMS SWITRS Export Software [Not Included] N/A
RIMS ProQ&A Link Software [Not Included] N/A
RIMS Alarm Panel Link Software [Not Included] N/A
California Sales Tax $153
TOTAL $703,232
7.A.a
Packet Pg. 44 Attachment: Gilroy RIMS Quotation from Sun Ridge Systems v2a (3340 : Authorize City Administrator to purchase PD CAD/RMS system from
Mapping. Our In Station Mapping product requires ESRI ArcView or Google maps. Our price does not
include the cost of the ArcView licenses. ESRI ArcView maps require a source data file provided by you. If
you choose to use Google Maps as your map source, Sun Ridge Systems pays the licensing fees to Google;
there is no charge to you.
Our Mobile Mapping product also requires either ArcView or Google Maps. There are no third party map
costs if you choose to use Google Maps as your map source in the mobiles.
If you purchase ArcView, you will need one copy of ArcView GIS v10.1 (or later) that can be used for the
first position, and then a copy of ArcGIS 10.1 (or later) Runtime Engine for each additional in-station or
mobile unit that will use RIMS Mapping.
If you choose to use Google Maps exclusively, the "Map Data Engineering" can be deducted from this
quotation.
Bar Coding Equipment. Worth Data is the manufacturer of the bar coding equipment. It includes a base
station and wireless scanning terminal. These devices include a 2- year manufacturer's warranty and are
not maintained by Sun Ridge. You must also purchase an inexpensive printer and labels for bar coding
labels: DYMO LabelWriter 450 Turbo Label Printer and Dymo Labels # 30256. They are available at your
local computer/office supply store or on the Internet.
Data conversion: The services listed in the price chart include only converting data from your existing
Tiburon system. Converting any other data, including data from the ARMS system as well as third party
products, is not included. You are responsible for extracting that data and providing it to us for conversion.
Once we receive the extracted data, we will evaluate it to determine which items may be converted into
RIMS. As part of our standard data conversion, we attempt to convert the following items. In some
instances, not all data may be available or suitable for conversion.
For RMS:
· People: Including person name, DOB, contact info, description, ID#’s, officer safety
notifications, log entries for connections to cases, for citations and for field contacts
· Arrest: Arrestee, date, time, charges, counts, offense level, disposition, booked/cited out
· Vehicles: License, state, year, color, type, log entries for connections to case and for field
contacts
· Cases: Location, date report and data occurred, classification/type, offenses, case disposition
and date of disposition, persons, vehicles, narratives, and supplements
· Property in cases: category, article, status, description, brand, model, item #, property code,
locations, value-stolen, recovered, damaged and officer.
· Premises: Common place name, address, contact person, contact phone number, alarm
· Streets: (if electronic street file is available), street name, intersections with block ranges
· Officers: Name, ID
· Users: Name, ID
7.A.a
Packet Pg. 45 Attachment: Gilroy RIMS Quotation from Sun Ridge Systems v2a (3340 : Authorize City Administrator to purchase PD CAD/RMS system from
For CAD:
· Incidents: call number, call times, priority, incident location, grid, caller name and telephone number,
complaint type, caller location, how received, comments, call category, internal response area, OCA
case number, call reference, fire grade, subject data, vehicle data, tract, ESN, alternate phone
number, call taker, and position. (
· Officers: Name, ID.
· Premises: Common place name, address, contact person, contact phone
· Premise History: Summary of incidents by incident location
· Streets: street name, intersections with block ranges
iRIMS/Law will run on the Apple iPhone and iPad plus Android phones and tablet computers. iRIMS is not a
substitute for Mobile RIMS nor is it "RIMS" running on an iPhone or iPad device. iRIMS is a mobile app with a
rapidly expanding portfolio of RIMS functionality.
Citizen RIMS does not require any new dedicated hardware or software. It can run on your existing SQL or
application server. It does require a server with internet access that also is capable of having RIMS installed.
The only software on your network will be a small Windows service which sends data to the public web server.
There is some minor configuration that must occur in RIMS. You will be asked to create "categories" for
Incidents and Offenses. The Windows service previously mentioned uses the categories to determine what
to send to the public web server.
RIMS2Txt requires either an internet connection to your paging provider, or a SMTP connection to your email
server.
Please note that for all interfaces, this quotation is for RIMS software only and does not include any hardware
or third-party software that may be required to support this interface. You are encouraged to contact your
various vendors to determine any costs that may be associated with providing their portion of the interface.
Installation and Training: The number of onsite training and support days includes the following. All training
is end user training unless specified otherwise. The number and types of classes must be confirmed by you.
Task Days
RIMS Configuration and Set Up 3
Conversion Review 2
CAD Training 4 (2 sessions, 2 days/session)
Officer Training 8 (4 sessions, 2 days/session)
Records Training 1
Property Room Training 1
TIMS Training 1 (2 sessions, 0.5 days/session)
Admin Training 1
Go Live 5 (3 staff Day 1 of Go Live/2 staff for Day 2 of Go Live)
System Requirements
Database Software: Microsoft SQL Server software is required to run the RIMS database. This software
is not included in this quotation and must be purchased by the agency prior to installation of any RIMS
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Packet Pg. 46 Attachment: Gilroy RIMS Quotation from Sun Ridge Systems v2a (3340 : Authorize City Administrator to purchase PD CAD/RMS system from
software.
System Specifications: RIMS software supports a traditional hardware platform or a virtual platform.
The hypervisor software products supported - VMWare, Hyper-V, and others.
Minimum Specifications (If using existing PCs) Monitor Resolution: 1920 x 1080
PC Workstations Database Server
Windows 10+ i7 processor Microsoft Windows Server 2016+
8 GB RAM 16 GB RAM
Any size disk 1 TB Disk
Microsoft SQL Server 2016+
Recommended Specifications (If purchasing new PCs) Monitor Resolution: 1920 x 1080
PC Workstations Database Server
Windows 10+ i7 processor Microsoft Windows Server 2016+
16 GB RAM 32 GB RAM
Any size disk 2 TB Disk
Microsoft SQL Server 2016+
Mobile Computer Specifications
An application server is required and is a separate server from your main RIMS SQL database server.
This system is also able to operate as two virtual servers on one physical server, using a hypervisor
software platform like VMWARE or Hyper-V. The application server runs the following software: Mobile
Computer Controller, RICO Web Services, RIMS State Switch, and E-911 interface. The specifications
for a physical or virtual system are:
Recommended Specifications (If purchasing new PCs) Monitor Resolution: 1920 x 1080
Mobile Computers Application Server
Windows 10+ i7 processor Microsoft Windows Server 2016+
8 GB RAM 16+ GB RAM
Any size disk Minimum 100 GB Disk Space
Additional Features for Mobile Computers: Wireless-Based Modem, Virus Protection Software, 2 or
more USB ports, Internet Access (if using Google Maps).
Option features for Mobile Computers include: Touchscreen, Driver License Reader (USB), and
Fingerprint reader by Digital Persona.
Sun Ridge Systems uses BeyondTrust remote access software for secure installation and follow-on
support services. BeyondTrust software is provided by Sun Ridge Systems; there is no cost to you.
This quotation is valid for 90 days and may change thereafter.
If you have any questions please call me at 530-221-0663. Thank you for your continued interest in RIMS.
7.A.a
Packet Pg. 47 Attachment: Gilroy RIMS Quotation from Sun Ridge Systems v2a (3340 : Authorize City Administrator to purchase PD CAD/RMS system from
City of Gilroy
STAFF REPORT
Agenda Item Title: Conduct a Tax Equity and Fiscal Responsibility Act (TEFRA) Public
Hearing and Approval of the Issuance of Multi-family Housing
Revenue Bonds by the California Municipal Finance Authority for
an Affordable Housing Project Located at 1520 Hecker Pass
Highway
Meeting Date: June 21, 2021
From: Jimmy Forbis, City Administrator
Department: Community Development Department
Submitted By: Karen Garner
Prepared By: Kraig Tambornini
Kraig Tambornini
Strategic Plan Goals
☐ Fiscal Stability
☐ Downtown
Revitalization
Economic
Development
☐ Neighborhood Services
☐ Enhanced Public
Safety
☐ Workforce Stability ☐ Public Engagement
RECOMMENDATION
Adopt a Resolution of the City Council of the City of Gilroy approving the issuance of
multifamily housing revenue bonds in an aggregate principal amount not to exceed
$30,000,000 for the purpose of financing or refinancing the acquisition and construction
of Hecker Pass Apartments project. (Roll Call Vote)
EXECUTIVE SUMMARY
On behalf of JEMCOR Development Partners, LLC, an affordable housing developer
(the “Developer”), the City is conducting a public hearing under the Tax and Equity
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Fiscal Responsibility Act (“TEFRA”), in connection with the proposed issuance of
revenue bonds by the California Municipal Finance Authority (the “CMFA”), a joint
exercise of powers authority and public entity of the State of California, in an amount not
to exceed $30,000,000 (the “Bonds”), to finance or refinance the acquisition,
construction, improvement and equipping of a multifamily rental housing project located
at 1520 Hecker Pass Highway, Gilroy, California (the “Project”).
POLICY DISCUSSION
In order for all or a portion of the bonds for this project to qualify as tax-exempt
financing, the City of Gilroy must conduct a public hearing (the “TEFRA Hearing”)
providing community members an opportunity to speak in favor of or against the use of
tax-exempt bonds for the financing of this project. Prior to such TEFRA Hearin g,
reasonable notice must be provided to the members of the community. Following the
close of the TEFRA Hearing, an “applicable elected representative” of the governmental
unit hosting the project must provide its approval of the issuance of the bonds for the
financing of the Hecker Pass Apartments project.
BACKGROUND
JEMCOR Development Partners, LLC, (“Borrower”) requested that the CMFA serve as
the municipal issuer of the Bonds in an aggregate principal amount not to exceed
$30,000,000 of tax-exempt revenue bonds. The proceeds of the Bonds will be used to
finance or refinance the acquisition, construction, improvement and equipping of a
multifamily rental housing project located at 1520 Hecker Pass Highway, Gilroy,
California.
In order for all or a portion of the Bonds to qualify as tax-exempt bonds, the City of
Gilroy must conduct a public hearing (the “TEFRA Hearing”) providing for the members
of the community an opportunity to speak in favor of or against the use of tax -exempt
bonds for the financing of the Project. Prior to such TEFRA Hearing, reasonable notice
must be provided to the members of the community. Following the close of the TEFRA
Hearing, an “applicable elected representative” of the governmental unit hosting the
Project must provide its approval of the issuance of the Bonds for the financing of the
Project.
The City conducted a prior TEFRA hearing and passed a resolution on October 19,
2020 for this project. However, the developer needed to change its finance authority,
thus, a new TEFRA hearing is required. Additionally, the project had to be rescheduled
from the June 7, 2021 meeting in order to publish a revised notice with a new toll free
contact number that is required to comply with federal noticing requirements.
CALIFORNIA MUNICIPAL FINANCE AUTHORITY:
The CMFA was created on January 1, 2004 pursuant to a joint exercise of powers
agreement to promote economic, cultural and community development, through the
financing of economic development and charitable activities throughout California . To
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date, over 320 municipalities have become members of CMFA. The City of Gilroy is
already a member of the Authority.
The CMFA was formed to assist local governments, non-profit organizations and
businesses with the issuance of taxable and tax-exempt bonds aimed at improving the
standard of living in California. The CMFA’s representatives and its Board of Directors
have considerable experience in bond financings.
ANALYSIS
Approval of the issuance of bonds associated with this project demonstrates the City is
trying to support the creation and maintenance of affordable housing within the City by
meeting the policies and implementation programs listed below from the City’s 2015-
2023 Housing Element:
Goal H-1: Housing Production
Policy H-1.1 The City shall strive to ensure adequate land is available at a range
of densities to meet Gilroy’s existing and projected housing needs.
Policy H-1.2 The City shall encourage the provision of a variety of housing
options for Gilroy residents.
Policy H-1.3 The City shall encourage a mix of housing in new development
areas to avoid the overconcentration of specific housing types in
some areas of the city.
Policy H-1.6 The City shall continue to implement the Downtown Specific Plan
and encourage and coordinate activities with the Downtown
Business Association and Economic Development Corporation to
encourage mixed-use development.
Action H-1.C. Variety of Housing in Neighborhood Districts
Action H-1.D. Facilitate Infill Development
Goal H-2: Affordable Housing
Policy H-2.1 The City shall encourage the provision of new affordable housing.
Policy H-2.4 The City shall encourage partnerships between non-profit and for-
profit housing developers to encourage affordable housing
production.
ALTERNATIVES
The City Council can choose not to approve the resolution authorizing the issuance of
the Bonds for the benefit of the Developer. Staff does not recommend this action.
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FISCAL IMPACT/FUNDING SOURCE
The Bonds to be issued by the CMFA for the Project will be the sole responsibility of the
Borrower, and the City will have no financial, legal, moral obligation, liability or
responsibility for the Project or the repayment of the Bonds for the financing of the
Project. All financing documents with respect to the issuance of the Bonds will contain
clear disclaimers that the Bonds are not obligations of the City or the State of California
but are to be paid for solely from funds provided by the Borrower
CONCLUSION
In light of the foregoing, and in order to support affordable housing, staff recommends
that the City conduct the TEFRA Hearing and adopt the resolution in favor of the
issuance of the Bonds by the CMFA.
PUBLIC OUTREACH
A Notice of Public Hearing of the Gilroy City Council to consider the approval of the
issuance of multifamily revenue bonds by the Municipal Finance Authority was
published on June 11, 2021 for the June 21, 2021 Meeting in compliance with local,
state and federal requirements.
Attachments:
TEFRA Resolution – Hecker Pass
Attachments:
1. TEFRA Resolution - Hecker Pass (Gilroy)
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RESOLUTION NO. 2021-XX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING THE ISSUANCE BY THE CALIFORNIA MUNICIPAL
FINANCE AUTHORITY OF MULTIFAMILY HOUSING REVENUE BONDS
IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $30,000,000
FOR THE PURPOSE OF FINANCING OR REFINANCING THE
ACQUISITION AND CONSTRUCTION OF HECKER PASS APARTMENTS
AND CERTAIN OTHER MATTERS RELATING THERETO
WHEREAS, a partnership of which JEMCOR Development Partners, LLC (the “Developer”)
or a related person to the Developer is the general partner, has requested that the California
Municipal Finance Authority (the “Authority”) adopt a plan of financing providing for the
issuance of exempt facility bonds for a qualified residential rental project pursuant to Section
142(a)(7) of the Internal Revenue Code of 1986 (the “Code”) in one or more series issued from
time to time, including bonds issued to refund such exempt facility bonds in one or more series
from time to time, and at no time to exceed $30,000,000 in aggregate principal amount (the
“Bonds”), to finance or refinance the acquisition, construction, improvement and equipping of a
multifamily rental housing project located at 1520 Hecker Pass Highway, Gilroy, California (the
“Project”); and
WHEREAS, pursuant to Section 147(f) of the Code, the issuance of the Bonds by the
Authority must be approved by the City of Gilroy (the “City”) because the Project is to be
located within the territorial limits of the City; and
WHEREAS, the City Council of the City (the “City Council”) is the elected legislative
body of the City and is one of the “applicable elected representatives” required to approve the
issuance of the Bonds under Section 147(f) of the Code; and
WHEREAS, the Authority has requested that the City Council approve the issuance of
the Bonds by the Authority in order to satisfy the public approval requirement of Section 147(f)
of the Code and the requirements of Section 4 of the Joint Exercise of Powers Agreement
Relating to the California Municipal Finance Authority, dated as of January 1, 2004 (the
“Agreement”), among certain local agencies, including the City; and
WHEREAS, pursuant to Section 147(f) of the Code, the City Council has, following
notice duly given, held a public hearing regarding the issuance of the Bonds, and now desires to
approve the issuance of the Bonds by the Authority;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Gilroy as
follows:
Section 1. The foregoing resolutions are true and correct.
Section 2. The City Council hereby approves the issuance of the Bonds by the Authority.
It is the purpose and intent of the City Council that this resolution constitute approval of the
issuance of the Bonds by the Authority, for the purposes of (a) Section 147(f) of the Code by the
applicable elected representative of the governmental unit having jurisdiction over the area in
8.A.a
Packet Pg. 52 Attachment: TEFRA Resolution - Hecker Pass (Gilroy) (3364 : Hecker Pass Apartments TEFRA Hearing)
2
which the Project is to be located, in accordance with said Section 147(f) and (b) Section 4 of the
Agreement.
Section 3. The issuance of the Bonds shall be subject to the approval of the Authority of
all financing documents relating thereto to which the Authority is a party. The City shall have no
responsibility or liability whatsoever with respect to the Bonds.
Section 4. The adoption of this Resolution shall not obligate the City or any department
thereof to (i) provide any financing to acquire or construct the Project or any refinancing of the
Project; (ii) approve any application or request for or take any other action in connection with
any planning approval, permit or other action necessary for the acquisition, construction,
rehabilitation, installation or operation of the Project; (iii) make any contribution or advance any
funds whatsoever to the Authority; or (iv) take any further action with respect to the Authority or
its membership therein.
Section 5. The officers of the City are hereby authorized and directed, jointly and
severally, to do any and all things and to execute and deliver any and all documents which they
deem necessary or advisable in order to carry out, give effect to and comply with the terms and
intent of this resolution and the financing transaction approved hereby.
Section 6. This resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Gilroy
held on this ____ day of __________, 2021, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
APPROVED:
Marie Blankley, Mayor
ATTEST:
LeeAnn McPhillips, Interim City Clerk
8.A.a
Packet Pg. 53 Attachment: TEFRA Resolution - Hecker Pass (Gilroy) (3364 : Hecker Pass Apartments TEFRA Hearing)
City of Gilroy
STAFF REPORT
Agenda Item Title: Introduce an Ordinance of the City Council of the City of Gilroy
Amending the Gilroy City Code, Chapter 30 (Zoning), Article XXXIV
(Fences and Obstructions) to Allow Monitored Perimeter Security
Fence Systems on Commercial and Industrial Zoned Properties,
Subject to Specified Criteria In the Ordinance
Meeting Date: June 21, 2021
From: Jimmy Forbis, City Administrator
Department: Community Development Department
Submitted By: Karen Garner
Prepared By: Karen Garner
Cindy McCormick
Strategic Plan Goals
☐ Fiscal Stability
☐ Downtown
Revitalization
☐ Economic
Development
☐ Neighborhood Services
☐ Enhanced Public
Safety
☐ Workforce Stability ☐ Public Engagement
RECOMMENDATION
Introduce an Ordinance of the City Council of the City of Gilroy amending the Gilroy City
Code, Chapter 30 (Zoning), Article XXXIV (Fences and Obstructions) to allow monitored
perimeter security fence systems on commercial and industrial zoned properties,
subject to specified criteria in the ordinance (Roll Call Vote)
EXECUTIVE SUMMARY
Pursuant to Article XXXIV, Section 30.34.040, electrified fences of any kind are
currently prohibited in the City. Due to ongoing concerns about theft and vandalism from
8.B
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the applicant’s clients, the applicant is requesting an amendment to the City Code’s
Fence Ordinance to allow monitored perimeter security fence systems (“electrified
fences”) on commercial and industrial zoned properties.
BACKGROUND:
On May 13, 2021, in accordance with Article LII (Amendment to the Zoning Ordinance),
Sections 30.52.30, 30.52.40, 30.52.55, and 30.52.60, the Planning Commission held a
public hearing to consider the proposed ordinance amendment. The Planning
Commission considered the written and oral public testimony, made the required
findings for approval, and recommended that the City Council approve the amendment,
with one modification. The Planning Commission’s motion recommended a modification
to specify the requirement of “bilingual” signage in Section 30.34.35(a)(7) of the
proposed ordinance, as follows:
Warning Signs: Monitored perimeter security fence systems shall be clearly identified
with bilingual warning signs that read: "Warning-Electric Fence" at intervals of not less
than thirty feet.
The City Council may approve, modify, or disapprove the proposed ordinance
amendment, as recommended by the Planning Commission.
ENVIRONMENTAL REVIEW:
Review and approval of Z 21-02 qualifies for an exemption from environmental review
under California Environmental Quality Act (“CEQA”) Section 15311 (Class 11) of the
CEQA guidelines, which provides that CEQA does not apply to the construction of minor
structures accessory to (appurtenant to) existing commercial, industrial, or institutional
facilities, including but not limited to fences. The action also would not constitute a
“project” within the meaning of CEQA under Section 15061(b) (3) of the CEQA
Guidelines, which states a project is exempt from CEQA when “[t]he activity is covered
by the common sense exemption that CEQA applies only to projects which have the
potential for causing a significant impact to the environment. Where it can be seen with
certainty that there is no possibility that the activity in question may have a significant
effect on the environment, the activity is not subject to CEQA”.
DISCUSSION AND ANALYSIS
As provided in the May 13, 2021 Planning Commission staff report (Attachment 2), the
monitored security fence system (“electrified fence”) would be located behind a
separate non-electrified perimeter fence (“perimeter fence”) in order to prevent
inadvertent access to the electrified security system. The system includes an audible
alarm which sounds when the fence line is breached, after which a signal is sent to the
security provider’s monitoring station who will then notify the business. The business
must first verify the alarm event, and only then will deployment of law enforcement be
requested, thereby minimizing unnecessary calls for service. The design standards
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required under the Ordinance will also help ensure that the electrified fence will be
visually transparent, as seen from the public right-of-way and adjacent properties.
The proposed amendment and required findings for approval are provided in the
attached draft Ordinance (Attachment 1). As provided therein, monitored perimeter
security fence systems would be permitted in commercial and industrial zoned
properties, subject to certain design, construction, and operating requirements. Prior to
installation, the property owner shall receive an approved permit from the Police
Department in accordance with GCC Chapter 3B (Alarm Systems).
ALTERNATIVES
The City Council may modify or disapprove the proposed ordinance amendment, as
recommended by the Planning Commission.
FISCAL IMPACT/FUNDING SOURCE
None
PUBLIC OUTREACH
As required by law, a notice of the City Council meeting was advertised in the Gilroy
Dispatch on Friday, June 11, 2021 (no less than 10 days prior to the meeting).
Individual property owner notification is not required since the proposed amendments
affect large areas of the City.
Attachments:
1. Draft Ordinance - electrified fences
2. Planning Commission Staff Report, May 13, 2021
3. Applicant letter
8.B
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ORDINANCE NO. 2021-XX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY
AMENDING THE GILROY CITY CODE, CHAPTER 30 (ZONING),
ARTICLE XXXIV (FENCES AND OBSTRUCTIONS)
WHEREAS, the Gilroy City Code Chapter 30 (Zoning), Article XXXIV (Fences and
Obstructions), Section 30.34.040, currently prohibits electrified fences of any kind within the city;
and
WHEREAS, the City of Gilroy has received an application to amend the Gilroy City Code,
Chapter 30 (Zoning), Article XXXIV (Fences and Obstructions) to allow electrified security fences,
subject to certain criteria, on commercial and industrial zoned properties; and
WHEREAS, the Planning Commission has received and considered the Zoning Code
amendment, in accordance with the Gilroy City Code Chapter 30, Article LII (Amendment to the
Zoning Ordinance), and the staff report pertaining to the proposed Zoning Text Amendment file
number Z 21-02; and
WHEREAS, the Planning Commission held a duly noticed public hearing on May 13, 2021, at
which time the Planning Commission took and considered the written and oral public testimony
related to Zoning Text Amendment file number Z 21-02 and thereafter recommended that the City
Council approve said amendment; and
WHEREAS, the City Council held a duly noticed public hearing on June 21, 2021, at which
time the City Council received and considered Zoning Amendment file number Z 21-02, took and
considered written and oral public testimony, the staff report, and all other documentation related to
application Z 21-02; and
WHEREAS, the City has determined that review and approval of the provisions contained in
the Zoning Amendment file number Z 21-02 is exempt from environmental review under the
California Environmental Quality Act (“CEQA”) pursuant to Section 15311 (Class 11) of the CEQA
guidelines, which provides that CEQA does not apply to the construction of minor structures accessory
to (appurtenant to) existing commercial, industrial, or institutional facilities, including but not limited to
fences. In addition, the action being considered does not constitute a “project” within the meaning of
CEQA pursuant to the provisions of Section 15061(b) (3) of the CEQA Guidelines, which states that
a project is exempt from CEQA when “[t]he activity is covered by the common sense exemption that
CEQA applies only to projects which have the potential for causing a significant impact to the
environment. Where it can be seen with certainty that there is no possibility that the activity in
question may have a significant effect on the environment, the activity is not subject to CEQA;” and
WHEREAS, in accordance with City of Gilroy Zoning Code Section’s 30.52.40 and 30.52.60,
the Planning Commission finds that the proposed Zoning Ordinance Amendment is consistent with
the intent of the zoning ordinance to control the location, height and materials of fences and other
visual or physical obstructions so that they do not adversely affect adjacent properties or obstruct
vision along public streets because the monitored perimeter security fence system would be visually
8.B.a
Packet Pg. 57 Attachment: Draft Ordinance - electrified fences (3303 : Zoning Amendment to Allow Monitored Perimeter Security Fence Systems on
Ordinance No. 2021-XX
Page 2
Ord Z 21-02
transparent as it would be located 6-to-12-inches behind a perimeter fence and would be comprised of
twenty (20) 12.5 gauge, galvanized steel wires which run horizontally to a height of 10-feet.
WHEREAS, in accordance with City of Gilroy Zoning Code Section’s 30.52.40 and 30.52.60,
the Planning Commission finds that the proposed Zoning Ordinance Amendment implements the
Gilroy 2040 General Plan and in particular: Land Use Goal 5; Economic Prosperity Goal 3 Economic
Prosperity Policy EP 3.3 (Regulations Updates); Economic Prosperity Policy EP 8.1 (Industrial and
Commercial Lands); Public Facilities and Services Goal 9; and Public Facilities and Services Policy
PFS 9.3 (Development Review). In line with these goals, the zoning amendment will promote a
business-friendly atmosphere, protect lands designated for industrial and commercial uses, and help
ensure that crime and safety issues are addressed; and
WHEREAS, the location and custodian of the documents or other materials that constitute the
record of proceedings upon which Z 21-02 approval is based is the office of the City Clerk.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION I
Gilroy City Code, Chapter 30, Zoning, XXXIV (Fences and Obstructions), Section 30.34.40
(Prohibited materials) is hereby amended as follows:
30.34.40 Prohibited materials.
(a) Barbed Wire Fences. Barbed wire, razor wire or similar fences shall not be installed within the
city, except for security fences in commercial and industrial zones. Barbed wire, razor wire or
similar fences shall not be installed within the area encompassed by the downtown specific plan.
(b) Electrified Fences. Electrified fences,of any kind other than those permitted by Section
30.34.35 of this Chapter, shall not be installed within the city.
(c) Wire Mesh Fences. Wire mesh fences shall not be installed within any required front yard,
side yard or rear yard setback area whenever this is adjacent to a street in any residential or
commercial zone. In the downtown specific plan districts, no wire mesh fencing will be installed
within the front thirty (30) feet or the side or rear twenty (20) feet whenever adjacent to a street or
an alley. Wire mesh fences shall not be installed along any water district channel or railroad
corridor, unless coated with a dark vinyl or similar material.
SECTION II
Gilroy City Code, Chapter 30 (Zoning), Article XXXIV (Fences and Obstructions), Section
30.34.35 (Monitored perimeter security fence system) is hereby created as follows:
8.B.a
Packet Pg. 58 Attachment: Draft Ordinance - electrified fences (3303 : Zoning Amendment to Allow Monitored Perimeter Security Fence Systems on
Ordinance No. 2021-XX
Page 3
Ord Z 21-02
Section 30.34.35 (Monitored perimeter security fence system)
Monitored perimeter security fence system means a perimeter Alarm system with an
assembly of battery powered equipment, including but not limited to: a monitored alarm
device and energizer which is intended to periodically deliver pulses to a security fence, a
battery charging device used exclusively to charge the system’s battery, and other
integrated components.
(a) The design, construction, and use of monitored perimeter security fence systems shall be
allowed, subject to the following requirements:
1) IEC Standard 60335-2-76: Unless otherwise specified herein, monitored perimeter
security fence systems shall be constructed and operated in conformance with the
specifications set forth in International Electrotechnical Commission (IEC) Standard
No. 60335-2-76, current edition.
2) Power Source: The energizer for Monitored perimeter security fence systems must
be driven by a commercial storage battery not to exceed 12 volts DC. The storage
battery is charged primarily by a solar panel. The solar panel may be augmented by
a commercial trickle charger.
3) Perimeter Barrier: Monitored perimeter security fence systems shall be installed
behind a non-electrified fence or wall that complies with section 30.34.30(b) of this
Chapter.
4) Emergency Gate Access: Before a Monitored Perimeter Security Fence System is
activated, a Knox device shall be approved by the Fire Department. The Knox device
will be installed at the main entry gate and fully functional at all times when the
Monitored Perimeter Security Fence System is operational.
5) Setback: The perimeter security fence shall be setback 6-inches to 12-inches from the
non-electrified fence or wall in order to prevent inadvertent access to the battery-
charged fence.
6) Design/Height: The monitored perimeter security fence shall be visually transparent
and comprised of 20, 12.5-gauge galvanized steel wires which are run horizontally to
the height of 10’, or 2 feet higher than the perimeter barrier fence (whichever is
greater).
7) Warning Signs: Monitored perimeter security fence systems shall be clearly
identified with bilingual warning signs that read: "Warning-Electric Fence" at
intervals of not less than thirty feet.
8) Location: Monitored perimeter security fence systems shall only be permitted on
commercial and industrial zoned properties.
8.B.a
Packet Pg. 59 Attachment: Draft Ordinance - electrified fences (3303 : Zoning Amendment to Allow Monitored Perimeter Security Fence Systems on
Ordinance No. 2021-XX
Page 4
Ord Z 21-02
(b) Police Department Permit Requirements. All monitored perimeter security fence
systems shall be permitted in accordance with City Code Chapter 3B (Alarm Systems).
(c) It shall be unlawful for any person to install, maintain or operate a monitored perimeter
security fence system in violation of this Chapter or Chapter 3B (Alarm Systems).
(d) The Monitored perimeter security fence system shall transmit a signal to an alarm
monitoring business in response to an intrusion or burglary. The system shall not
directly connect to or call law enforcement. The business must first verify the alarm
event prior to requesting deployment of law enforcement.
SECTION III
If any section, subsection, subdivision, sentence, clause, or phrase of this Ordinance is for any
reason held to be unconstitutional or otherwise void or invalid by any court of competent jurisdiction,
the validity of the remaining portion of this Ordinance shall not be affected thereby.
SECTION IV
Pursuant to section 608 of the Charter of the City of Gilroy, this Ordinance shall be in full
force and effect thirty (30) days from and after the date of its adoption.
PASSED AND ADOPTED this __ day of ___, 2021 by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
APPROVED:
Marie Blankley, Mayor
ATTEST:
LeeAnn McPhillips, Interim City Clerk
8.B.a
Packet Pg. 60 Attachment: Draft Ordinance - electrified fences (3303 : Zoning Amendment to Allow Monitored Perimeter Security Fence Systems on
8.B.b
Packet Pg. 61 Attachment: Planning Commission Staff Report, May 13, 2021 (3303 : Zoning Amendment to Allow Monitored Perimeter Security Fence
8.B.b
Packet Pg. 62 Attachment: Planning Commission Staff Report, May 13, 2021 (3303 : Zoning Amendment to Allow Monitored Perimeter Security Fence
8.B.b
Packet Pg. 63 Attachment: Planning Commission Staff Report, May 13, 2021 (3303 : Zoning Amendment to Allow Monitored Perimeter Security Fence
8.B.b
Packet Pg. 64 Attachment: Planning Commission Staff Report, May 13, 2021 (3303 : Zoning Amendment to Allow Monitored Perimeter Security Fence
April 19, 2021
City of Gilroy
Attn: Cindy McCormick, Senior Planner
7351 Rosanna Street
Gilroy CA 95020
FORMAL REQUEST FOR A CODE AMENDMENT WITH PROPOSED LANGUAGE
GILROY MUNICIPAL CODE CHAPTER 3B-ALARM SYSTEMS
The purpose of this letter is to formally request a code amendment to Chapter 3B.
AMAROK is a perimeter security company securing thousands of companies nationwide, including
more than 500 commercial sites in California. We provide the most comprehensive perimeter alarm
system that protects businesses’ outdoor assets. AMAROK’s main system components are a monitored
alarm device integrated with an electrified security fence. The security fence is installed entirely behind
a non-electrified perimeter fence and must be taller to effectively deter and prevent criminals from
scaling the security system.
In order to provide a safe and secure environment for local businesses and employees, AMAROK
requests a code amendment to Chapter 3B Alarm Systems. Adding Section 3B.11 – Monitored
Perimeter Security Fence System as follows:
3B.11 – Monitored perimeter security fence system.
Monitored perimeter security fence system means a perimeter Alarm system with an assembly of
battery powered equipment, including but not limited to: a monitored alarm device and energizer which
is intended to periodically deliver pulses to a security fence, a battery charging device used exclusively
to charge the system’s battery, and other integrated components. The monitored perimeter security
fence system transmits a signal intended to summon the business and/or an alarm monitoring business
in response to an intrusion or burglary.
(a) The construction and use of monitored perimeter security fence systems shall be allowed as
provided in this Chapter, subject to the following requirements:
1) IEC Standard 60335-2-76: Unless otherwise specified herein, monitored perimeter
security fence systems shall be constructed and operated in conformance with the
specifications set forth in International Electrotechnical Commission (IEC) Standard No.
60335-2-76, current edition.
2) Power Source: The energizer for Monitored perimeter security fence systems must be
driven by a commercial storage battery not to exceed 12 volts DC. The storage battery is
charged primarily by a solar panel. The solar panel may be augmented by a commercial
trickle charger.
3) Perimeter Barrier: Monitored perimeter security fence systems shall be installed behind
a non-electrified fence or wall.
8.B.c
Packet Pg. 65 Attachment: Applicant letter (3303 : Zoning Amendment to Allow Monitored Perimeter Security Fence Systems on Commercial and Industrial
4) Height: Monitored perimeter security fence systems shall have a height of 10 feet, or 2
feet higher than the perimeter barrier (whichever is higher).
5) Warning Signs: Monitored perimeter security fence systems shall be clearly identified
with warning signs that read: "Warning-Electric Fence" at intervals of not less than thirty
feet.
6) Location: Monitored perimeter security fence systems shall be permitted in non-
residential zones.
(b) Monitored perimeter security fence systems shall only be permitted under this Chapter.
(c) It shall be unlawful for any person to install, maintain or operate a monitored perimeter
security fence system in violation of this Chapter.
Thank you for this opportunity, and we look forward to working with the City of Gilroy.
Sincerely,
Carol Bausinger
Compliance Manager
Cell: 803-201-6532
Direct: 803-404-6189
AMAROK formerly known as Electric Guard Dog.
8.B.c
Packet Pg. 66 Attachment: Applicant letter (3303 : Zoning Amendment to Allow Monitored Perimeter Security Fence Systems on Commercial and Industrial
City of Gilroy
STAFF REPORT
Agenda Item Title: Tentative Map TM 20-08 to Subdivide 8.95-acres in to Three
Parcels, for a Property Located in the Commercial Industrial (CM)
Zoning District at 6605 Automall Parkway (formerly Chestnut St.)
(APN 841-16-117)
Meeting Date: June 21, 2021
From: Jimmy Forbis, City Administrator
Department: Community Development Department
Submitted By: Karen Garner
Prepared By: Miguel Contreras
Miguel Contreras
Strategic Plan Goals
☐ Fiscal Stability
☐ Downtown
Revitalization
Economic
Development
☐ Neighborhood Services
☐ Enhanced Public
Safety
☐ Workforce Stability ☐ Public Engagement
RECOMMENDATION
Adopt a Resolution approving Tentative Map TM 20-08 to subdivide 8.95-acres in to
three parcels, for a property located in the Commercial Industrial (CM) Zoning District at
6605 Automall Parkway (formerly Chestnut St.), APN 841 -16-117. (Roll Call Vote)
BACKGROUND
The applicant, Joe Giacalone, of Giacalone Management, Inc., requests approval to
subdivide the 8.95-acre (+/-) parcel at 6605 Automall Parkway (formally Chestnut St.)
(APN 841-16-117) into three separate 3-acre (+/-) parcels and improve each lot with
rough grade pads, frontage improvements and utilities. Site work would require grading
8.C
Packet Pg. 67
to balance and level the site, with minimal off-haul of 100 cubic yards.
The subject site is presently vacant. The land use characteristics of the site and
adjacent land uses are as follows:
LOCATION EXISTING LAND USE GENERAL PLAN ZONING
Project Site Vacant General Services Commercial Industrial
North Auto Dealer General Services Commercial Industrial
South Concrete Plant Employment Center General Industrial
East Auto Dealer General Services Commercial Industrial
West Industrial Plant General Services Commercial Industrial
On June 3, 2021, the Planning Commission adopted a resolution recommending City
Council approval of the parcel split application TM 20-08 by unanimous vote, with
findings in support of this action.
Section 15315 of the California Environmental Quality Act (CEQA) Guidelines, exempts
projects involving minor land divisions from further environmental review. No further
assessment is necessary for this proposal. A Notice of Exemption may be filed to
reduce the statute of limitations for legal challenges under CEQA, from 180 days to 35
days.
ANALYSIS
The 2040 General Plan designates the site for General Services land use, which
anticipates commercial and light industrial development of the property. The lot split is
consistent with the land use designation and would promote the goals and policies
associated with the underlying land use designation by creating additional usable
parcels for subsequent development.
Gilroy Municipal Code Chapter 21 requires Planning Commission review and City
Council approval of all tentative map requests. Municipal Code, section 21.41 provides
that a Tentative Map shall be approved unless the parcel would not comply with zoning
or subdivision regulations, or is located within a severe flood hazard area. The project
meets the minimum requirements for subdivision approval, as follows:
1. There are no minimum lot size or area requirements established by the
Commercial Industrial (CM) zoning district table, Section 30.19.20(c)(1). The
subdivision regulations establish only a minimum 40-foot frontage requirement
for new lots. The three proposed approximately 3 -acre parcels could
accommodate commercial or limited industrial development allowed by the CM
8.C
Packet Pg. 68
use table, Section 30.19.10.(c)(1). Further, each lot would provide a minimum
305 feet of street frontage on Automall Parkway.
2. The lots will have access to utilities and basic infrastructure required to support
development. Water, sewer, and gas lines are currently located within the street.
All existing and new services shall be undergrounded pursuant to Condition of
Approval 7 and 54 (Engineering).
3. The site is in FEMA flood zone AH (Attachment “C”). This property is not subject
to a severe flood hazard or severe inundation. Proposed site grading, which
slopes towards the storm drain, would mitigate undue flooding and inundation.
Auto Mall Parkway lots are located in an area subject to shallow flooding with
average depths between one and three feet. The site would be at least partially
filled so that the lowest adjacent grade to all structures is set at one-half foot plus
one feet of freeboard above the base flood elevation. A Condition of Approval
has been added by the City of Gilroy Engineering Division requiring a hydrologist
review project grading to confirm this project will not have cumulative impacts to
flood waters. The surrounding developed properties are all within the same flood
zone and have employed similar conditions.
Now that the Planning Commission provided a recommendation to approve this
Tentative Map application, City Council can approve the map or could request further
review by the Planning Commission.
This application has also been reviewed by all City departments and utility agencies.
Based on this review, a Parcel Map document has been prepared in conformance with
the requirements of City Code. Upon City Council approval, the Engineering
Department would complete the process of signing and recording the attached Parcel
Map.
ALTERNATIVES
The subdivision as proposed is compliant with the State subdivision map act. As such,
there are no recommended alternative actions.
FISCAL IMPACT/FUNDING SOURCE
There are no direct fiscal impacts associated with this action.
NEXT STEPS
Tentative map approvals by City Council are valid for 24 months and may be extended
three times for an additional 12 months each. In this case, upon City Council approval,
the Engineering Division will complete the process of signing and recording of the
attached Parcel Map.
PUBLIC OUTREACH
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Packet Pg. 69
At least 10 days prior to the Planning Commission meeting on June 3rd, all property
owners within 500 feet of the subject site were notified, and a notice was published in
the Gilroy Dispatch. In addition, the property was posted with on-site signage notifying
passersby of pending development.
Both the Planning Commission and City Council public hearing packets were published
and made available through the City's webpage at least 72 hours prior to the meeting.
No comments were received as of the completion of this staff report. Further, the City
Council meeting has been duly noticed with publication in the Gilroy Dispatch June 11 th
and mailing of additional notices to property owners within 500 feet.
Attachments:
1. Vicinity Map
2. TPM-Automall Parkway 2nd Submittal 2021-03-15
3. FEMA Flood Map
4. CC Resolution TM 20-08
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City of Gilroy
TM 20-08, Automall Parkway subdivision
Location Map
Drawn By:6,148 Lynx GIS Checked By: Miguel Contreras Date: May 23, 20211:Sheet:1:1Scale:
8.C.a
Packet Pg. 71 Attachment: Vicinity Map (3344 : Tentative Map TM 20-08, 6605 Automall Parkway Subdivision)
ACCESS DRIVEWAYAUTOMALL PARKWAY (PUBLIC STREET)AUTOMALL DRIVE
PRINCEVALLE CHANNELPARCEL I2.9 ± AC.PARCEL II3.0 ± AC.PARCEL III3.0 ± AC.BANES LANE(PUBLIC STREET)N03°06'50"W934.00'N86°53'10"E46.41'N03°06'50"W87.70'N03°00'41"W977.31'L=13.95'R=361.50'Δ=2°12'38"S89°51'11"E349.04'
N83°06'00"E
395.24'
TITLE SHEET VICINITY MAPNO SCALEPRINCEVALLE CHANNELCAMINO ARROYOHWY 101HWY 101 HWY 101HWY 152MONTEREY ROAD10TH STREETPROJECTSITEHOLLOWAY ROADAPPLICANT:CIVIL ENGINEER & PLANNER:RUGGERI-JENSEN-AZAR8055 CAMINO ARROYO, GILROY, CA 95020CONTACT ENGINEER: JIM SCHUL, P.E.(408) 848-0300, JSCHUL@RJA-GPS.COMCONTACT PLANNER: ROB ONETO(408) 848-0300, RONETO@RJA-GPS.COMPROJECT INFORMATION 1.ASSESSOR'S PARCEL NUMBER:841-16-1172.ADDRESS:6605 CHESTNUT STREET, GILROY, CA, 950203.PRESENT LAND USEVACANT4.EXISTING GENERAL PLANGENERAL SERVICES COMMERCIAL5.EXISTING ZONING DISTRICTCOMMERCIAL INDUSTRIAL6.SITE AREA:PARCEL I2.91 ± ACPARCEL II3.04 ± ACPARCEL III3.00 ± ACTOTAL GROSS AREA8.95 ± AC7.THE SITE SPECIFIC ORTHO-RECTIFIED IMAGERY AND AERIAL TOPOGRAPHIC SURVEY ISPROVIDED BY TETRA TECH AND IS BASED ON PHOTOGRAPHY FLOWN JUNE 11, 2020.8.FEMA FIRM FOR THE SANTA CLARA COUNTY, CALIFORNIA, MAP NUMBER 06085C0756H,EFFECTIVE MAY 18, 2009, INDICATES THAT THE SUBJECT PROPERTY LIES WITHIN ZONE "AH"AS SHOWN ON PANEL 756 OF 830. ZONE "AH" IS DEFINED AS FLOOD DEPTH OF 1 TO 3 FEET(USUALLY AREAS OF PONDING; BASE FLOOD ELEVATIONS DETERMINED.9.UTILITIESWATERCITY OF GILROYGAS & ELECTRICPACIFIC GAS & ELECTRICSANITARY SEWERCITY OF GILROYSTORM DRAINCITY OF GILROYTELEPHONEVERIZONCABLECHARTER COMMUNICATIONSGENERAL NOTES1.CERTIFICATION OF GRADES AND SOIL COMPACTION REQUIRED PRIOR TO BUILDING PERMITFINAL.2.ALL RETAINING WALLS SHALL BE MASONRY. WOOD RETAINING WALLS SHALL NOT BEPERMITTED.3.FINAL PIPE SIZES, ELEVATIONS AND LENGTHS ARE SUBJECT TO CHANGE; TO BE CONFIRMEDDURING FINAL DESIGN.4.ALL WORK IS TO BE DONE IN COMPLIANCE WITH THE CITY OF GILROY SPECIFICATIONSSTANDARDS AND DESIGN CRITERIA AND IS SUBJECT TO ALL LAWS OF THIS COMMUNITY BYREFERENCE.5.NEW TRANSFORMERS AND SPLICE BOXES SHALL BE UNDERGROUND.6.THE FINAL LOT GRADING SHALL BE CONFIRMED BY LETTER BY THE PROJECT ENGINEERPRIOR TO THE FINAL INSPECTION OF THE BUILDING.7.ALL GRADING WILL BE DONE IN CONFORMANCE WITH THE RECOMMENDATIONS ANDCONDITIONS OF THE GEOTECHNICAL ENGINEERING REPORT REGARDING THIS PROJECT.8.PROPOSED SURFACE GRADES, PAD GRADES AND PIPE INVERT ELEVATIONS AS SHOWN AREPRELIMINARY. ALL GRADES AND INVERT ELEVATIONS ARE SUBJECT TO CHANGE DURINGFINAL DESIGN.9.ALL EROSION CONTROL MEASURES SHALL BE IN CONFORMANCE WITH THE CRITERIA ANDSTANDARDS OF THE CITY OF GILROY.10.GRADING, SURFACE IMPROVEMENTS, AND UTILITIES ARE CONCEPTUAL AND ARE SUBJECTTO REVISION DURING FINAL DESIGN.11.IF THE PROJECT REQUIRES ADDITIONAL EARTH TO BE MOVED TO OR FROM A SITE WITHINTHE CITY LIMITS OF GILROY, AN ADDITIONAL PERMIT IS REQUIRED.12.CERTIFICATION OF IMPROVEMENTS ON SITE PLANS IS REQUIRED PRIOR TO BUILDING FINAL.13.EXISTING BANES LANE RIGHT-OF-WAY TO BE VACATED.14.BASIN SIZES AND LOCATIONS ARE CONCEPTUAL ONLY AND ARE INTENDED TODEMONSTRATE THE FEASIBILITY OF BIORETENTION STORMWATER TREATMENT FORFUTURE USERS. STORMWATER TREATMENT FACILITIES WILL INCLUDE SURFACE BASINS ORUNDERGROUND CHAMBERS, OR COMBINATION OF BOTH DEPENDING ON THE FUTURESURFACE IMPROVEMENTS. ACTUAL BASIN CONFIGURATIONS AND LOCATIONS WILL BEDETERMINED AT ARCHITECTURAL AND SITE REVIEW STAGE AND FINAL DESIGN FORIMPROVEMENT PLANS.15.PRIOR TO APPROVAL OF THE ARCHITECTURE AND SITE REVIEW FOR EACH PROJECT PARCEL,APPLICANT(S) WILL BE REQUIRED TO HAVE A HYDROLOGIST REVIEW THE PROJECT GRADINGTO CONFIRM THIS PROJECT DOES NOT HAVE CUMULATIVE IMPACTS TO FLOODWATERS. THECITY WILL REQUIRE A REVIEW LETTER FROM THE HYDROLOGIST.GIACALONE MANAGEMENT, INC.P.O. BOX 2062 GILROY, CA, 95021CONTACT: JO GIACALONE(408) 846-6610, JPG@EARTHLINK.NETOWNER:DONALD C. CHRISTOPHERTPM-01SHEET REVISIONS DATE JOB NO.OFSHEETSSHEETDATE
SCALE TENTATIVE PARCEL MAP
GILROY, CALIFORNIA20202106FEBRUARY 16, 2021
AS SHOWN
P.O. BOX 2062, GILROY, CA 95021
AUTOMALL PARKWAY
FOR: GIACALONE MANAGEMENT, INC.
03/15/2021 UPDATED PER CITY OF GILROY INCOMPLETE
LETTER DATED JANUARY 21, 2021.
W:\JOBS 20\202021 - AUTO MALL PARKWAY, GILROY\DRAWINGS\PRELIM\APPLICATIONS\TPM 2021-03-15 2ND SUBMITTAL\TPM-01 TITLE SHEET.DWG TENTATIVE PARCEL MAPAUTOMALL PARKWAYGILROY, CALIFORNIAPROJECT TEAMSHEET INDEXSHEET NO.SHEET TITLETPM-01TITLE SHEETTPM-02EXISTING CONDITIONSTPM-03CONCEPTUAL SITE PLANTPM-04PRELIMINARY GRADING PLANTPM-05PRELIMINARY UTILITY PLANTPM-06PRELIMINARY STORMWATER CONTROL PLANBIORETENTION BASINUNDERGROUND RETENTIONPROPOSEDSDDESCRIPTIONEX-SDEX-SSEX-WEXISTINGSSBOUNDARYFACE OF CURBSTORM DRAINWWATERMANHOLESIDEWALKSANITARY SEWERFIRE HYDRANTSTORM DRAIN INLETSTREET LIGHTLEGENDI, JIM SCHUL, CERTIFY THAT THIS TENTATIVE PARCEL MAP WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION ANDTHAT IT COMPLIES WITH THE CITY OF GILROY SUBDIVISION ORDINANCE AND THE STATE MAP ACT.A SOILS REPORT ON THIS PROPERTY HAS BEEN PREPARED BY EARTH SYSTEMS, ENTITLED "XXX", DATED XX, 2020, WHICHHAS BEEN FILED WITH THE CITY OF GILROY.I, BRYAN PIERCE, A LICENSED LAND SURVEYOR IN THE STATE OF CALIFORNIA, HEREBY STATE THAT THIS TENTATIVEPARCEL MAP IS BASED UPON SURVEY UNDER MY DIRECT SUPERVISION AND THAT IT COMPLIES WITH CITY OF GILROYSUBDIVISION ORDINANCE AND STATE MAP ACT.LOT LINEEASEMENT8.C.bPacket Pg. 72Attachment: TPM-Automall Parkway 2nd Submittal 2021-03-15 (3344 : Tentative Map TM 20-08, 6605 Automall Parkway Subdivision)
N03°00'41"W961.86'S89°51'11"E349.04'N03°06'50"W87.70'N86°53'10"E46.41'N03°06'50"W934.00'N83°06'00"E
395.24'
S89°51'11"E349.04'L=13.95'R=361.50'Δ=2°12'38" ACCESS DRIVEWAYAUTOMALL PARKWAY (PUBLIC STREET)AUTOMALL DRIVE
PRINCEVALLE CHANNELEX 10' PUE TO BE ABANDONED(755-M-1)EX 10' PUE(755-M-1)EX 15' BANES LANER/W TO BE VACATEDBANES LANE(PUBLIC STREET)N03°06'50"W934.00'N86°53'10"E46.41'N03°06'50"W87.70'N03°00'41"W977.31'L=13.95'R=361.50'Δ=2°12'38"S89°51'11"E349.04'
N83°06'00"E
395.24'EX 36" SDEX 12" SSEX 12" SSEX 36" SDEX 12" WEX 12" WEX 12" SSEX 36" SDEX 12" WEX FHEX FHEX FHEX 8" WEX 8" W EX 24" SD EX 24" SD EX 24" SD
EX. EDGE OF PAVEMENT, TYP.TPM-02EXISTING CONDITIONSBASIS OF BEARINGS:THE BEARING OF N03°00'41"W ALONG THE CENTERLINE OF CHESTNUT STREET AS SHOWN ONTHE PARCEL MAP FILED IN BOOK 755 OF MAPS AT PAGES 1 & 2, SANTA CLARA COUNTYRECORDS, WAS USED AS THE BASIS OF BEARINGS.BENCHMARK:NGS BENCHMARK "F 1448", ELEV=196.08'SHEET REVISIONS DATE JOB NO.OFSHEETSSHEETDATE
SCALE TENTATIVE PARCEL MAP
GILROY, CALIFORNIA20202106FEBRUARY 16, 2021
AS SHOWN
P.O. BOX 2062, GILROY, CA 95021
AUTOMALL PARKWAY
FOR: GIACALONE MANAGEMENT, INC.
03/15/2021 UPDATED PER CITY OF GILROY INCOMPLETE
LETTER DATED JANUARY 21, 2021.
W:\JOBS 20\202021 - AUTO MALL PARKWAY, GILROY\DRAWINGS\PRELIM\APPLICATIONS\TPM 2021-03-15 2ND SUBMITTAL\TPM-02 EXISTING CONDITIONS.DWG
DESCRIPTIONEX-SDEX-SSEX-WEXISTINGBOUNDARYEDGE OF PAVEMENTSTORM DRAINWATERMANHOLESIDEWALKSANITARY SEWERFIRE HYDRANTSTORM DRAIN INLETSTREET LIGHTLEGENDLOT LINEEASEMENTVACANT(EXISTING PARCEL 8.95 ± AC)8.C.bPacket Pg. 73Attachment: TPM-Automall Parkway 2nd Submittal 2021-03-15 (3344 : Tentative Map TM 20-08, 6605 Automall Parkway Subdivision)
86' ACCESS DRIVEWAYAUTOMALL PARKWAY (PUBLIC STREET)AUTOMALL DRIVE
PRINCEVALLE CHANNELPARCEL I2.9 ± AC.PARCEL II3.0 ± AC.PARCEL III3.0 ± AC.EX 10' PUE TO BE ABANDONED(755-M-1)EX 10' PUE(755-M-1)394'
393'252'335'345'335'305'320'10' SIDEWALK, TYP.EX 15' BANES LANER/W TO BE VACATEDBANES LANE(PUBLIC STREET)N03°06'50"W934.00'N86°53'10"E46.41'N03°06'50"W87.70'N03°00'41"W977.31'L=13.95'R=361.50'Δ=2°12'38"S89°51'11"E349.04'
N83°06'00"E
395.24'16' PSE16' PSE16' PSE86' PUBLIC STREETAUTOMALL PARKWAYNO SCALE86.0' ROWPL16.0' PSE10.0'33.0'℄33.0'10.0' SWK31.0' PROPOSEDSWK55.0' EXISTINGEX EPAUTOMALL PARKWAYPROJECTTPM-03CONCEPTUAL SITE PLAN
SHEET REVISIONS DATE JOB NO.OFSHEETSSHEETDATE
SCALE TENTATIVE PARCEL MAP
GILROY, CALIFORNIA20202106FEBRUARY 16, 2021
AS SHOWN
P.O. BOX 2062, GILROY, CA 95021
AUTOMALL PARKWAY
FOR: GIACALONE MANAGEMENT, INC.
03/15/2021 UPDATED PER CITY OF GILROY INCOMPLETE
LETTER DATED JANUARY 21, 2021.
W:\JOBS 20\202021 - AUTO MALL PARKWAY, GILROY\DRAWINGS\PRELIM\APPLICATIONS\TPM 2021-03-15 2ND SUBMITTAL\TPM-03 CONCEPTUAL SITE PLAN.DWG
BIORETENTION BASINUNDERGROUND RETENTIONPROPOSEDSDDESCRIPTIONEX-SDEX-SSEX-WEXISTINGSSBOUNDARYFACE OF CURBSTORM DRAINWWATERMANHOLESIDEWALKSANITARY SEWERFIRE HYDRANTSTORM DRAIN INLETSTREET LIGHTLEGENDLOT LINEEASEMENT8.C.bPacket Pg. 74Attachment: TPM-Automall Parkway 2nd Submittal 2021-03-15 (3344 : Tentative Map TM 20-08, 6605 Automall Parkway Subdivision)
ACCESS DRIVEWAYAUTOMALL PARKWAY (PUBLIC STREET)AUTOMALL DRIVE
PRINCEVALLE CHANNELBANES LANE(PUBLIC STREET)TPM-04PRELIMINARY GRADING PLAN
W:\JOBS 20\202021 - AUTO MALL PARKWAY, GILROY\DRAWINGS\PRELIM\APPLICATIONS\TPM 2021-03-15 2ND SUBMITTAL\TPM-04 PRELIMINARY GRADING PLAN.DWG
SHEET REVISIONS DATE JOB NO.OFSHEETSSHEETDATE
SCALE TENTATIVE PARCEL MAP
GILROY, CALIFORNIA20202106FEBRUARY 16, 2021
AS SHOWN
P.O. BOX 2062, GILROY, CA 95021
AUTOMALL PARKWAY
FOR: GIACALONE MANAGEMENT, INC.
03/15/2021 UPDATED PER CITY OF GILROY INCOMPLETE
LETTER DATED JANUARY 21, 2021.237.7SPOT ELEVATION0.5%STREET SLOPESECTION ANOT TO SCALECURB AND GUTTERVARIESBNDY1.5%32'1'10'SWK16' PSE14'±CONFORM TOEX PAVFCEXEPSECTION BNOT TO SCALECURB AND GUTTERVARIESBNDY32'16' PSE14'±CONFORM TOEX PAVFCEXEPBIORETENTION BASIN,WHERE APPLICABLE. SEE SHEET TPM-06.3:11.5%1.5%4.5'SECTION CNOT TO SCALEBNDY10' MAX2:1CONFORM TOEX GROUND2%SECTION DNOT TO SCALEBNDY10'VARIES2:1 MAXCONFORM TOEX GROUNDSECTION ENOT TO SCALEBNDY10'VARIES2:1 MAXCONFORM TOEX GROUND3:14.5'BIORETENTION BASIN,WHERE APPLICABLE. SEE SHEET TPM-06.SECTION FNOT TO SCALEBNDY10'VARIES2:1 MAXCONFORM TOEX GROUNDUNDERGROUND RETENTION FACILITY,WHERE APPLICABLE. SEE SHEET TPM-06.2:1VARIES5' MAX1.5%1'10'SWK3'SWALESWALE3'EARTHWORK SUMMARYITEM QUANTITYSITE CUT12,900± CYSITE FILL13,000± CYNETFILL 100± CYGENERAL NOTES1.BASIN SIZES AND LOCATIONS ARE CONCEPTUAL ONLY AND ARE INTENDED TODEMONSTRATE THE FEASIBILITY OF BIORETENTION STORMWATER TREATMENT FOR FUTUREUSERS. STORMWATER TREATMENT FACILITIES WILL INCLUDE SURFACE BASINS ORUNDERGROUND CHAMBERS, OR COMBINATION OF BOTH DEPENDING ON THE FUTURESURFACE IMPROVEMENTS. ACTUAL BASIN CONFIGURATIONS AND LOCATIONS WILL BEDETERMINED AT ARCHITECTURAL AND SITE REVIEW STAGE AND FINAL DESIGN FORIMPROVEMENT PLANS.2.ALL SIDEWALKS AND WALKWAYS SHALL BE COMPLIANT WITH THE LATEST ADASTANDARDS. CURB RAMPS WITH DETECTABLE WARNING SURFACE SHALL BE PROVIDED ATALL STREET CROSSINGS.3.SEE SHEET TPM-06 FOR BIORETENTION BASIN AND UNDERGROUND RETENTION FACILITY.BIORETENTION BASINUNDERGROUND RETENTIONPROPOSEDSDDESCRIPTIONEX-SDEX-SSEX-WEXISTINGSSBOUNDARYFACE OF CURBSTORM DRAINWWATERMANHOLESIDEWALKSANITARY SEWERFIRE HYDRANTSTORM DRAIN INLETSTREET LIGHTLEGENDLOT LINEEASEMENT8.C.bPacket Pg. 75Attachment: TPM-Automall Parkway 2nd Submittal 2021-03-15 (3344 : Tentative Map TM 20-08, 6605 Automall Parkway Subdivision)
86'SDFI 188.7INV 15" OUT 184.0SDMH RIM 189.7±EX INV 24" IN 185.08±INV 36" OUT 185.088" W36" SD, S=0.002SS STUBINV 188.0±FH (TYP)8" SS,S=0.002SDMH RIM 190.2±INV 18" IN 185.0INV 36" THRU 185.0SDMH RIM 190.7INV 18" IN 184.5INV 36" THRU 184.5SDMH RIM 190.1INV 18" IN 183.9INV 36" THRU 183.9SDMH RIM 189.4INV 18" IN 183.4INV 36" THRU 183.4SDMH RIM 189.8INV 36" (N,NE) IN 183.1INV 15" IN 183.1INV 2(30") OUT 183.0±FH (TYP)BIORETENTION BASINTOP OF MEDIA 187.2SSMH RIM 191.4±INV 12" THRU 187.0±INV 8" IN (W) 188.44SSMH RIM 190.6INV 12" THRU 185.9INV 8" IN (W) 187.14BIORETENTION BASINTOP OF MEDIA 186.9BIORETENTION BASINTOP OF MEDIA 186.8BUBBLER 187.7INV 15" OUT 183.7OVERFLOW 187.7INV 15" OUT 184.7SDFI 188.4INV 15" OUT 183.7BUBBLER 187.4INV 15" IN 183.4OVERFLOW 187.4INV 15" OUT 184.1SS STUBINV 188.55SS STUBINV 187.3±W STUBW STUBW STUBEX 36" SDSDCO RIM 190.4INV 15" IN THRU 182.3TC 190.2INV 18" THRU 182.6CB TC 189.4INV 18" THRU 182.1SDCO RIM 189.6INV 18" THRU 181.8SDCO RIM 191.0INV 15" IN 182.9SUBSURFACEINFILTRATION FACILITYBOTTOM 180.2SDFI 188.3INV 15" OUT 183.6BUBBLER 187.3INV 15" OUT 183.3EX 12" SSEX 12" SSEX 36" SDEX 12" WEX 12" WEX 12" SSEX 36" SDEX 12" WOVERFLOW 187.3INV 15" OUT 183.38" SS, S=0.002
8" SS,
S=0.002
8" W
8" W EX FHEX FHEX FH36" SD, S=0.00236" SD, S=0.00236" SD, S=0.002SUBSURFACEINFILTRATION FACILITYBOTTOM 181.5CB TC 190.8INV 15" OUT 183.2SSMH RIM 190.16±INV 12" THRU 187.46±INV 8" IN (N)(W) 187.64±SSMH RIM 190.5±INV 8" IN (NW) 186.07±INV 12" THRU 185.72±SSMH RIM 190.15±INV 8" THRU 186.45±SSMH RIM 190.7±INV 12" THRU 186.9INV 8" IN (W) 187.86SDCO RIM 191.1INV 15" IN (N) 184.6INV 18" THRU 184.6SDCO RIM 190.6INV 15" IN (N) 184.0INV 18" THRU 184.0SUBSURFACEINFILTRATION FACILITYBOTTOM 180.7SDCO RIM 189.9INV 15" THRU 183.5SUBSURFACEINFILTRATION FACILITYBOTTOM 281.2SDCO RIM 190.2INV 18" THRU 183.1CB TC 190.0INV 15" TRU 184.9SDCO RIM 190.4INV 18" THRU 184.8EX 8" WEX 8" W EX 24" SD EX 24" SD EX 24" SD
ACCESS DRIVEWAYAUTOMALL DRIVE
PRINCEVALLE CHANNELBANES LANE(PUBLIC STREET)AUTOMALL PARKWAY (PUBLIC STREET)TPM-05PRELIMINARY UTILITY PLAN
W:\JOBS 20\202021 - AUTO MALL PARKWAY, GILROY\DRAWINGS\PRELIM\APPLICATIONS\TPM 2021-03-15 2ND SUBMITTAL\TPM-05 PRELIMINARY UTILITY PLAN.DWG
SHEET REVISIONS DATE JOB NO.OFSHEETSSHEETDATE
SCALE TENTATIVE PARCEL MAP
GILROY, CALIFORNIA20202106FEBRUARY 16, 2021
AS SHOWN
P.O. BOX 2062, GILROY, CA 95021
AUTOMALL PARKWAY
FOR: GIACALONE MANAGEMENT, INC.
03/15/2021 UPDATED PER CITY OF GILROY INCOMPLETE
LETTER DATED JANUARY 21, 2021.GENERAL NOTES1.BIORETENTION BASIN, SEE SHEET TPM-06 FOR ADDITIONAL INFORMATION.2.UNDERGROUND RETENTION FACILITY, SEE SHEET TPM-06 FOR ADDITIONALINFORMATION.3.FLOW CONTROL STRUCTURE WITH WEIR.4.WATER SHALL AT ALL TIMES MAINTAIN 10' HORIZONTAL CLEARANCE AND 1' VERTICAL CLEARANCE ABOVE SANITARY SEWER AND RECYCLED WATERUTILITIES, ACCORDING TO CALIFORNIA DEPARTMENT OF PUBLIC HEALTHSTANDARDS.5.ALL PROPOSED UTILITIES WITHIN THE SITE ARE TO BE PRIVATELY OWNEDAND MAINTAINED.6.BASIN SIZES AND LOCATIONS ARE CONCEPTUAL ONLY AND ARE INTENDEDTO DEMONSTRATE THE FEASIBILITY OF BIORETENTION STORMWATERTREATMENT FOR FUTURE USERS. STORMWATER TREATMENT FACILITIESWILL INCLUDE SURFACE BASINS OR UNDERGROUND CHAMBERS, ORCOMBINATION OF BOTH DEPENDING ON THE FUTURE SURFACEIMPROVEMENTS. ACTUAL BASIN CONFIGURATIONS AND LOCATIONS WILLBE DETERMINED AT ARCHITECTURAL AND SITE REVIEW STAGE AND FINALDESIGN FOR IMPROVEMENT PLANS.BIORETENTION BASINUNDERGROUND RETENTIONPROPOSEDSDDESCRIPTIONEX-SDEX-SSEX-WEXISTINGSSBOUNDARYFACE OF CURBSTORM DRAINWWATERMANHOLESIDEWALKSANITARY SEWERFIRE HYDRANTSTORM DRAIN INLETSTREET LIGHTLEGENDLOT LINEEASEMENT8.C.bPacket Pg. 76Attachment: TPM-Automall Parkway 2nd Submittal 2021-03-15 (3344 : Tentative Map TM 20-08, 6605 Automall Parkway Subdivision)
86'SCM ASCM BSCM CSCM DSCM ESCM FSCM G ACCESS DRIVEWAYAUTOMALL PARKWAY (PUBLIC STREET)AUTOMALL DRIVE
PRINCEVALLE CHANNELTPM-06PRELIMINARY STORMWATER CONTROL PLAN
SHEET REVISIONS DATE JOB NO.OFSHEETSSHEETDATE
SCALE TENTATIVE PARCEL MAP
GILROY, CALIFORNIA20202106FEBRUARY 16, 2021
AS SHOWN
P.O. BOX 2062, GILROY, CA 95021
AUTOMALL PARKWAY
FOR: GIACALONE MANAGEMENT, INC.
03/15/2021 UPDATED PER CITY OF GILROY INCOMPLETE
LETTER DATED JANUARY 21, 2021.STORM WATER MANAGEMENT NOTES:1.THE PROJECT IS LOCATED IN THE CENTRAL COAST REGIONAL WATER QUALITY CONTROL BOARD (CCWQCB) JURISDICTION. STORMWATER RUNOFF MANAGEMENT SHALL ADHERE TO THE CRITERIA IDENTIFIED IN THE "STORMWATER MANAGEMENT GUIDANCE MANUALFOR LOW IMPACT DEVELOPMENT & POST CONSTRUCTION REQUIREMENTS FOR THE CITY OF GILROY, CITY OF MORGAN HILL, AND COUNTYOF SANTA CLARA", DATED JUNE 2015.2.THIS STORM WATER RUNOFF MANAGEMENT PLAN IS CONCEPTUAL AND SUBJECT TO REVISION BASED ON FINAL DESIGN AND SITESPECIFIC INFILTRATION TESTING.3.BIORETENTION FACILITIES WERE SIZED USING THE "SIMPLIFIED SIZING METHOD", IDENTIFIED IN SECTION 3 OF THE CITY'S STORMWATERMANAGEMENT GUIDANCE MANUAL. THE PROJECT MAY USE ALTERNATIVE SIZING METHODS DURING FINAL DESIGN SUCH AS THE"ROUTING METHOD", WHICH, IF USED, MAY REDUCE THE OVERALL SIZE AND FOOTPRINT OF THE BIORETENTION FACILITIES.4.ALL STORMWATER CALCULATIONS SHOWN HEREIN ARE PRELIMINARY AND SUBJECT TO CHANGE DURING FINAL DESIGN. THE LIDMEASURES AND STORMWATER CONTROL FACILITIES MAY BE CHANGED OR MODIFIED DURING FINAL DESIGN AS LONG AS THE PROJECTCAN SHOW CONFORMANCE WITH THE CITY OF MORGAN HILL AND CCRWQCB POST-CONSTRUCTION STORMWATER REGULATIONS INEFFECT AT THE TIME OF THE PROJECT APPROVAL.5.THE PROPOSED BIORETENTION TREATMENT AREA WILL PROVIDE STORMWATER TREATMENT AND RETENTION FOR THE PROJECT PERREQUIREMENT 3 AND 4 OF THE CITY'S STORMWATER GUIDANCE MANUAL. THIS BASIN ALSO PROVIDES SOME PEAK FLOW MANAGEMENTFOR THE SITE AS A RESULT OF THE PROVIDED STORMWATER RETENTION VOLUME. HOWEVER, THE EXISTING CITY DETENTION BASIN WILLBE THE MAIN PEAK FLOW MANAGEMENT FACILITY FOR THE PROJECT AND WILL PROVIDE PEAK FLOW MITIGATION FOR THE 2-YEARTHOUGH 25-YEAR STORM EVENTS.6.GEOTECHNICAL INVESTIGATIONS HAVE NOT BEEN PERFORMED FOR THIS SITE AND IT IS UNKNOWN IF INFILTRATION WILL BE FEASIBLE. IFFUTURE GEOTECHNICAL INVESTIGATIONS DETERMINE INFILTRATION IS INFEASIBLE, THE PROJECT SHALL DEDICATE NO LESS THAN 10%OF ITS EQUIVALENT IMPERVIOUS SURFACE AREA TO RETENTION BASED STORMWATER CONTROL MEASURES. THIS COULD INCLUDE APORTION OF THE EXISTING CITY DETENTION BASIN.7.BASIN SIZES AND LOCATIONS ARE CONCEPTUAL ONLY AND ARE INTENDED TO DEMONSTRATE THE FEASIBILITY OF BIORETENTIONSTORMWATER TREATMENT FOR FUTURE USERS. STORMWATER TREATMENT FACILITIES WILL INCLUDE SURFACE BASINS ORUNDERGROUND CHAMBERS, OR COMBINATION OF BOTH DEPENDING ON THE FUTURE SURFACE IMPROVEMENTS. ACTUAL BASINCONFIGURATIONS AND LOCATIONS WILL BE DETERMINED AT ARCHITECTURAL AND SITE REVIEW STAGE AND FINAL DESIGN FORIMPROVEMENT PLANS.PRELIMINARY STORMWATER SIZING CALCULATIONSNOTE:1)REFER TO STORM WATER CONTROL PLAN FOR PRELIMINARY AREACALCULATIONS.PROPOSEDLEGENDDESCRIPTIONSTORM DRAINSTORM DRAIN INLETDRAINAGE AREA BOUNDARYDRAINAGE MANAGEMENT AREA IDUNDERGROUND RETENTION FACILITYUNDERGROUND RETENTION FACILITYW:\JOBS 20\202021 - AUTO MALL PARKWAY, GILROY\DRAWINGS\PRELIM\APPLICATIONS\TPM 2021-03-15 2ND SUBMITTAL\TPM-06 PRELIMINARY STORMWATER CONTROL PLAN.DWG
8.C.bPacket Pg. 77Attachment: TPM-Automall Parkway 2nd Submittal 2021-03-15 (3344 : Tentative Map TM 20-08, 6605 Automall Parkway Subdivision)
National Flood Hazard Layer FIRMette
0 500 1,000 1,500 2,000250
Feet
Ü
SEE FIS REPORT FOR DETAILED LEGEND AND INDEX MAP FOR FIRM PANEL LAYOUT
SPECIAL FLOOD
HAZARD AREAS
Without Base Flood Elevation (BFE)
Zone A, V, A99
With BFE or DepthZone AE, AO, AH, VE, AR
Regulatory Floodway
0.2% Annual Chance Flood Hazard, Areas
of 1% annual chance flood with average
depth less than one foot or with drainage
areas of less than one square mileZone X
Future Conditions 1% Annual
Chance Flood HazardZone X
Area with Reduced Flood Risk due to
Levee. See Notes.Zone X
Area with Flood Risk due to LeveeZone D
NO SCREEN Area of Minimal Flood Hazard Zone X
Area of Undetermined Flood HazardZone D
Channel, Culvert, or Storm Sewer
Levee, Dike, or Floodwall
Cross Sections with 1% Annual Chance
17.5 Water Surface Elevation
Coastal Transect
Coastal Transect Baseline
Profile Baseline
Hydrographic Feature
Base Flood Elevation Line (BFE)
Effective LOMRs
Limit of Study
Jurisdiction Boundary
Digital Data Available
No Digital Data Available
Unmapped
This map complies with FEMA's standards for the use of
digital flood maps if it is not void as described below.
The basemap shown complies with FEMA's basemap
accuracy standards
The flood hazard information is derived directly from the
authoritative NFHL web services provided by FEMA. This map
was exported on 5/19/2021 at 2:26 PM and does not
reflect changes or amendments subsequent to this date and
time. The NFHL and effective information may change or
become superseded by new data over time.
This map image is void if the one or more of the following map
elements do not appear: basemap imagery, flood zone labels,
legend, scale bar, map creation date, community identifiers,
FIRM panel number, and FIRM effective date. Map images for
unmapped and unmodernized areas cannot be used for
regulatory purposes.
Legend
OTHER AREAS OF
FLOOD HAZARD
OTHER AREAS
GENERAL
STRUCTURES
OTHER
FEATURES
MAP PANELS
8
B 20.2
The pin displayed on the map is an approximate
point selected by the user and does not represent
an authoritative property location.
1:6,000
121°33'58"W 37°0'5"N
121°33'20"W 36°59'36"N
Basemap: USGS National Map: Orthoimagery: Data refreshed October, 2020
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Packet Pg. 78 Attachment: FEMA Flood Map (3344 : Tentative Map TM 20-08, 6605 Automall Parkway Subdivision)
1
RESOLUTION NO. 2021-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING APPLICATION TM 20-08 FOR A THREE LOT SPLIT FOR A
PROPERTY LOCATED AT 6605 AUTOMALL PARKWAY APN: 841-16-117
(FILE NUMBER TM 20-08,# 20120015)
WHEREAS, on March 15, 2021 an application was resubmitted by Joe Giacalone, of
Giacalone Management, Inc., proposing subdivision of a 8.95 -acre site into three lots, site located at
6605 Automall Parkway and within the Commercial Industrial (CM) zone district; and
WHEREAS, the application submittal was accepted as complete on April 20, 2021; and
WHEREAS, the project qualifies for an exemption from further environmental review
pursuant to Section 15315 of the California Environmental Quality Act, which applies to Minor Land
Divisions
WHEREAS, the Planning Commission held a duly noticed public meeting on June 3, 2021,
and by unanimous vote recommended to the City Council approval of project TM 20-08; and
WHEREAS, the City Council held a duly noticed public meeting on June 21, 2021, received
and considered the staff report as well as all evidence received including written and oral public
testimony related to the project TM 20-08; 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 City Clerk’s Office.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Gilroy hereby
find as follows:
FINDINGS
1. The proposed Tentative Map is consistent with the intent of the goals and policies of
the City's General Plan in that it would result in three (3) new commercial/industrial
lots that can accommodate commercial or light industrial development as anticipated
within the General Services land use designation.
2. The proposed development is consistent with the Zoning Ordinance and the City's
Subdivision and Land Development Code, and the State Subdivision Map Act given
that the size, shape and location of the property complies with all applicable codes and
ordinances.
3. Public utilities and infrastructure improvements needed in order to serve the proposed
project are in proximity to the site.
4. There will be no significant environmental impacts as a result of this project which
qualifies for a CEQA Guidelines Class 15, Section 15315 exemption which applies to
minor land divisions.
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Packet Pg. 79 Attachment: CC Resolution TM 20-08 (3344 : Tentative Map TM 20-08, 6605 Automall Parkway Subdivision)
RESOLUTION NO. 2021-XX
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of
Gilroy hereby approves application TM 20-08 subject to the Parcel Map document attached hereto as
Exhibit A.
PASSED AND ADOPTED this 21st day of June, 2021 by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
APPROVED:
___________________________________
Marie Blankley, Mayor
ATTEST:
___________________________
LeeAnn McPhillips, Interim City Clerk
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Packet Pg. 80 Attachment: CC Resolution TM 20-08 (3344 : Tentative Map TM 20-08, 6605 Automall Parkway Subdivision)
RESOLUTION NO. 2021-XX
EXHIBIT A
CONDITIONS OF APPROVAL
TM 20-08
PLANNING CONDITIONS
The following GENERAL conditions authorize specific terms of the project
ENTITLEMENT(S).
1. APPROVED PROJECT: The approval for Tentative Parcel Map TM 20-08 is granted to
subdivide a 8.95-acre site into three lots, located at 6605 Automall Parkway located on
Assessor Parcel No. 841-16-117 as shown on Project Plans dated as received by the
Planning Division on March 17, 2021, prepared by Ruggeri Jensen Azar (RJA) for
Giacalone Management, Inc., dated February 16, 2021,and consisting of six (6) sheets.
Build-out of the project shall conform to the plans, except as otherwise specified in these
conditions. 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, owner or tenant fails to comply
with any of the conditions of this permit, the Developer, owner or tenant 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, owner or tenant.
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.
4. SIGNS: No signs are approved as part of this application. Prior to issuance of a sign
permit for this site, Developer shall propose well-designed, quality signs that comply with
the allowances of the City Code and are to the satisfaction of the Community
Development Director or designee.
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Packet Pg. 81 Attachment: CC Resolution TM 20-08 (3344 : Tentative Map TM 20-08, 6605 Automall Parkway Subdivision)
RESOLUTION NO. 2021-XX
5. SIGNAGE: All signage advertising the development project or components thereof,
including individual tenants or subdivisions, shall be installed or maintained onsite or
offsite as allowed and in conformance with an approved sign permit.
6. WATER LIMITATIONS: Developer shall be advised that the approval is subject to the
drought emergencies provisions pursuant to the Gilroy City Code Chapter 27.98.
The following conditions shall be addressed prior to issuance of any BUILDING PERMIT,
GRADING PERMIT or IMPROVEMENT PLAN, whichever is first issued, or as otherwise
specified in the condition.
7. CONDITIONS OF APPROVAL: On plans submitted for grading permit, developer shall
include a plan sheet(s) that includes a reproduction of all conditions of approval of this
permit, as adopted by the decision-maker.
8. HABITAT PERMIT: Concurrent with or prior to an application for a grading permit,
Developer shall submit a Habitat Permit application to the City of Gilroy. The application
shall consist of the application processing fee, Santa Clara Valley Habitat Plan Application
For Private Projects and Fees and Conditions Worksheet (available on the Santa Clara
Valley Habitat Agency website: https://www.scv-habitatagency.org/). A grading permit
will be issued only after approval of the Habitat Plan permit and payment of assessed fees.
9. AGRICULTURE MITIGATION POLICY: This site has been identified as Prime
Farmland or Farmland of Statewide Importance pursuant to the City of Gilroy Agriculture
Mitigation Policy. Prior to issuance of grading permits, agricultural mitigation for the loss
of agricultural lands due to conversion to urban uses shall be accomplished through the
purchase of an equal amount (1:1 ratio) of agricultural land within the “Preferred
Preservation Areas”; unless the project is deemed not significant based upon the
completion of a Land Evaluation and Site Assessment (LESA) model.
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.
10. TENTATIVE MAP: An approved tentative parcel map, which shall expire twenty-four
(24) months from the approval date, may be extended pursuant to the provisions of the
Map Act.
The following conditions shall be complied with AT ALL TIMES DURING THE
CONSTRUCTION PHASE OF THE PROJECT, or as otherwise specified in the condition.
11. CONSTRUCTION RELATED NOISE: To minimize potential construction-related
impacts to noise, Developer shall include the following language on any grading, site
work, and construction plans issued for the subject site
“During earth-moving, grading, and construction activities, Developer shall
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Packet Pg. 82 Attachment: CC Resolution TM 20-08 (3344 : Tentative Map TM 20-08, 6605 Automall Parkway Subdivision)
RESOLUTION NO. 2021-XX
implement the following measures at the construction site:
a. Limit construction activity to weekdays between 7:00 a.m. and 7:00 p.m., and on
Saturdays between 9:00 a.m. and 7:00 p.m. Construction noise is prohibited on
Sundays and City-observed holidays;
b. Locate stationary noise-generating equipment as far as possible from sensitive
receptors when sensitive receptors adjoin or are near a construction project area;
c. Construct sound walls or other noise reduction measures prior to developing the
project site;
d. Equip all internal combustion engine driven equipment with intake and exhaust
mufflers that are in good condition and appropriate for the equipment;
e. Prohibit all unnecessary idling of internal combustion engines;
f. Utilize “quiet” models of air compressors and other stationary noise sources where
technology exists; and
g. Designate a “disturbance coordinator’ who would be responsible for responding to
any complaints about construction noise. The disturbance coordinator will
determine the cause of the noise complaint (e.g. bad muffler, etc.) and will require
that reasonable measures be implemented to correct the problem.”
12. CONSTRUCTION RELATED AIR QUALITY: To minimize potential construction-
related impacts to air quality, Developer shall require all construction contractors to
implement the basic construction mitigation measures recommended by the Bay Area Air
Quality Management District (BAAQMD) and shall include the following language on
any grading, site work, and construction plans issued for the project site
“During earth-moving, grading, and construction activities, Developer shall
implement the following basic control measures at the construction site:
a. All exposed surfaces (e.g. parking areas, staging areas, soil piles, graded areas, and
unpaved access roads) shall be watered two times per day;
b. All haul trucks transporting soil, sand, or other loose material onsite or offsite shall
be covered;
c. All visible mud or dirt tracked out onto adjacent public roads shall be removed
using wet power vacuum street sweepers at least once per day. The use of dry
power sweeping is prohibited;
d. All vehicle speeds on unpaved roads or pathways shall be limited to 15 miles per
hour;
e. All roadways, driveways, and sidewalks to be paved shall be completed as soon as
possible. Building pads shall be laid as soon as possible after grading unless
seeding or soil binders are used;
f. Idling times shall be minimized either by shutting equipment off when not in use
or reducing the maximum idling time to 5 minutes (as required by the California
airborne toxics control measure Title 13, Section 2485 of California Code of
Regulations [CCR]). Clear signage shall be provided for construction workers at
all access points;
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Packet Pg. 83 Attachment: CC Resolution TM 20-08 (3344 : Tentative Map TM 20-08, 6605 Automall Parkway Subdivision)
RESOLUTION NO. 2021-XX
g. All construction equipment shall be maintained and properly tuned in accordance
with manufacturer’s specifications. All equipment shall be checked by a certified
visible emissions evaluator; and
h. Post a publicly visible sign with the telephone number and person to contact at the
lead agency regarding dust complaints. This person shall respond and take
corrective action within 48 hours. The Air District’s phone number shall also be
visible to ensure compliance with applicable regulations.”
13. DISCOVERY OF CONTAMINATED SOILS: If contaminated soils are discovered, the
Developer will ensure the contractor employs engineering controls and Best Management
Practices (BMPs) to minimize human exposure to potential contaminants. Engineering
controls and construction BMPs will include, but not be limited to, the following:
a. Contractor employees working on-site will be certified in OSHA’s 40-hour
Hazardous Waste Operations and Emergency Response (HAZWOPER) training;
b. Contractor will stockpile soil during development activities to allow for proper
characterization and evaluation of disposal options;
c. Contractor will monitor area around construction site for fugitive vapor emissions
with appropriate filed screening instrumentation;
d. Contractor will water/mist soil as it is being excavated and loaded onto
transportation trucks;
e. Contractor will place any stockpiled soil in areas shielded from prevailing winds;
and
f. Contractor will cover the bottom of excavated areas with sheeting when work is
not being performed.
14. DISCOVERY OF PALEONTOLOGICAL RESOURCES: In the event that a fossil is
discovered during construction of the project, excavations within 50’ of the find shall be
temporarily halted or delayed until the discovery is examined by a qualified
paleontologist, in accordance with the Society of Vertebrate Paleontology standards. The
City shall include a standard inadvertent discovery clause in every construction contract to
inform contractors of this requirement. If the find is determined to be significant and if
avoidance is not feasible, the paleontologist shall design and carry out a data recovery plan
consistent with the Society of Vertebrate Paleontology standards.
15. DISCOVERY OF ARCHAEOLOGICAL RESOURCES: In the event of an accidental
discovery of archaeological resources during grading or construction activities, Developer
shall include the following language on any grading, site work, and construction plans
issued for the project site:
“If archaeological or cultural resources are discovered during earth-moving,
grading, or construction activities, all work shall be halted within at least 50 meters
(165 feet) of the find and the area shall be staked off immediately. The monitoring
professional archaeologist, if one is onsite, shall be notified and evaluate the find.
If a monitoring professional archaeologist is not onsite, the City shall be notified
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Packet Pg. 84 Attachment: CC Resolution TM 20-08 (3344 : Tentative Map TM 20-08, 6605 Automall Parkway Subdivision)
RESOLUTION NO. 2021-XX
immediately and a qualified professional archaeologist shall be retained (at
Developer’s expense) to evaluate the find and report to the City. If the find is
determined to be significant, appropriate mitigation measures shall be formulated
by the professional archaeologist and implemented by the responsible party.”
16. DISCOVERY OF HUMAN REMAINS: In the event of an accidental discovery or
recognition of any human remains, Developer shall include the following language in all
grading, site work, and construction plans:
“If human remains are found during earth-moving, grading, or construction
activities, there shall be no further excavation or disturbance of the site or any
nearby area reasonably suspected to overlie adjacent human remains until the
coroner of Santa Clara County is contacted to determine that no investigation of
the cause of death is required. If the coroner determines the remains to be Native
American the coroner shall contact the Native American Heritage Commission
within 24 hours. The Native American Heritage Commission shall identify the
person or persons it believes to be the most likely descendent (MLD) from the
deceased Native American. The MLD may then make recommendations to the
landowner or the person responsible for the excavation work, for means of treating
or disposing of, with appropriate dignity, the human remains and associated grave
goods as provided in Public Resources Code Section 5097.98. The landowner or
his authorized representative shall rebury the Native American human remains and
associated grave goods with appropriate dignity on the property in a location not
subject to further disturbance if: a) the Native American Heritage Commission is
unable to identify a MLD or the MLD failed to make a recommendation within 24
hours after being notified by the commission; b) the descendent identified fails to
make a recommendation; or c) the landowner or his authorized representative
rejects the recommendation of the descendent, and the mediation by the Native
American Heritage Commission fails to provide measures acceptable to the
landowner.”
ENGINEERING GENERAL CONDITIONS OF APPROVAL
1. GENERAL - At first improvement plan submittal, utility sheets shall show appropriate line
types and labels to identify different type of utilities and pipe sizes. Clearly identify both
public and private utilities.
2. GENERAL - Improvement plans (as second sheet in plan set) shall contain Approved
Conditions of Approval.
3. GENERAL - Improvement plans shall include General Notes found in the City of Gilroy
General Guidelines. 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.
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Packet Pg. 85 Attachment: CC Resolution TM 20-08 (3344 : Tentative Map TM 20-08, 6605 Automall Parkway Subdivision)
RESOLUTION NO. 2021-XX
4. GENERAL - Improvement plan cover sheet shall include a table summarizing all facilities
(Streets, Utilities, Landscaping, etc.), showing the ownership of all facilities, and the
maintenance responsibilities of all facilities.
5. GENERAL - The applicant shall obtain all applicable permits from federal, state, and local
agencies as required to construct the proposed improvements. A copy of these permits will
be provided prior to building permits.
6. GENERAL – 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.
7. GENERAL - Existing overhead utilities shall be undergrounded and related utility poles
removed along the property frontage.
8. GENERAL - 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.
9. GENERAL - Prior to any work within public right of way or City easement, the developer
shall obtain an encroachment permit from the City.
10. GENERAL – Developer is required to confirm the location of existing utility lines along
the project frontage by potholing. Prior to any potholing, developer shall submit a pothole
plan for City review and approval. Developer shall provide the pothole result to the City
Engineer prior to final design.
11. GENERAL - All improvements shall be designed and constructed in accordance with the
City of Gilroy Municipal Code and Standard Specifications and Details, and is subject to
all laws of the City of Gilroy by reference. Street improvements and the design of all off-
site storm drainage facilities, sewer and water lines, and all street sections shall be in
accordance with City Standards and shall follow the most current City Master Plan for
streets, as approved by the City of Gilroy’s Public Works Director/City Engineer.
12. GENERAL - Prior to issuance of any building permits, developer shall submit for City
approval water, sewer and storm drain studies for the development. These studies shall
provide supporting hydraulic calculation for pipe sizing per City standard design guideline.
13. GENERAL - At first improvement plan submittal, developers engineer shall submit a
calculation for sanitary sewer and water generation per the City’s Master Plan design criteria.
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Packet Pg. 86 Attachment: CC Resolution TM 20-08 (3344 : Tentative Map TM 20-08, 6605 Automall Parkway Subdivision)
RESOLUTION NO. 2021-XX
14. FEE - The project is subject to the City’s Street Tree, Storm, Sewer, Water, Traffic, and
Public Facilities Development Impact Fees. Latest City impact fee schedule is available on
the City’s website. Payment of Impact Fees is required at first permit issuance. Fees shall
be based on the current comprehensive fee schedule in effect at the time of fee payment,
consistent with and in accordance with City policy.
15. FEE - Prior to plan approval, developer shall submit a detailed project cost estimate by the
project engineer, subject to City Engineer approval. Cost estimate shall be broken out into
on-site and off-site improvements.
16. FEE - Prior to final plan approval, Developer shall pay 100% of the plan check and processing
fees and other related fees that the property is subject to, enter into a property improvement
agreement, and provide payment and performance bonds.
17. GRADING & DRAINAGE - All grading activity shall address National Pollutant
Discharge Elimination System (NPDES) concerns. If all or part of the construction occurs
during the rainy season, the developer shall submit an Erosion Control Plan to the Public
Works Director for review and approval. This plan shall incorporate erosion control
devices and other techniques in accordance with 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. WDID# shall be added to the grading plans
prior to plan approval.
18. GRADING & DRAINAGE - 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 their recommendations 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.
19. GRADING & DRAINAGE - At first improvement plan submittal, the developer 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 City’s Stormwater Management Guidance Manual (latest edition). Existing offsite
drainage patterns, i.e., tributary areas, drainage amount and velocity shall not be altered by
the development.
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Packet Pg. 87 Attachment: CC Resolution TM 20-08 (3344 : Tentative Map TM 20-08, 6605 Automall Parkway Subdivision)
RESOLUTION NO. 2021-XX
20. GRADING & DRAINAGE - All grading and improvement plans shall identify the vertical
elevation datum, date of survey, and surveyor.
21. GRADING & DRAINGE - Improvement and grading plans shall show existing topo and
features at least 50’ beyond the project boundary. Clearly show existing topo, label contour
elevations, drainage patterns, flow lines, slopes, and all other property encumbrances.
22. GRADING & DRAINAGE – Geotechnical Engineer to confirm infiltration rates by
conducting Double Ring Infiltrometer Testing with appropriate safety factors of all
stormwater detention and/or retention facilities.
23. PUBLIC IMPROVEMENTS – Prior to Parcel Map approval, developer shall execute a
property improvement agreement and post Payment and Performance bonds each for 100%
of cost for improvement with the City that shall secure the construction of the public
improvements. Insurance shall be provided per the terms of the agreement.
24. PUBLIC IMPROVEMENTS - The developer shall repair or replace all existing
improvements not designated for removal and all new improvements that are damaged or
removed because of developer's operations. Developer shall request a walk-through with
the Engineering Construction Inspector before the start of construction to verify existing
conditions.
25. CONSTRUCTION - All construction water from fire hydrants shall be metered and billed
at the current hydrant meter rate.
26. CONSTRUCTION - 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
schedule and a 24-hour emergency telephone number list.
27. CONSTRUCTION - Construction activity shall be restricted to the period between 7:00
a.m. to 7:00 p.m. Mondays through Fridays, Saturday 9:00 a.m. to 7:00 p.m. for general
construction activity. No work shall be done on Sundays and City Holidays. The Public
Works Director will apply additional construction period restrictions, as necessary, to
accommodate standard commute traffic along arterial roadways and along school commute
routes.
28. CONSTRUCTION - All work shown on the improvement plans, if applicable, shall be
inspected. Uninspected work shall be removed as deemed appropriate by the Public Works
Director.
29. CONSTRUCTION - 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 permit is required. This
statement must be added as a general note to the Grading and Drainage Plan.
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Packet Pg. 88 Attachment: CC Resolution TM 20-08 (3344 : Tentative Map TM 20-08, 6605 Automall Parkway Subdivision)
RESOLUTION NO. 2021-XX
30. CONSTRUCTION - It is the responsibility of the contractor to make sure that all dirt
tracked into the public right-of-way is cleaned up on a daily basis. Mud, silt, concrete and
other construction debris shall not be washed into the City’s storm drains.
31. CONSTRUCTION - At least one week prior to commencement of work, the Developer
shall post at the site and mail to the Engineering Division and to owners of property 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.
32. CONSTRUCTION - 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.
33. TRANSPORTATION - Any work in the public right-of-way shall require a traffic control
plan prepared by a licensed professional engineer with experience in preparing such plans.
Traffic Control Plan shall be prepared in accordance with the requirements of the latest
edition of the California Manual on Uniform Traffic Control Devices. The Traffic Control
Plan shall be approved prior to the commencement of any work within the public right of
way.
34. UTILITIES - The Developer/Contractor shall make accessible any or all City utilities as
directed by the Public Works Director.
ENGINEERING PROJECT SPECIFIC CONDITIONS OF APPROVAL
35. FEE - The project is subject to the City’s Street Tree, Storm, Sewer, Water, Traffic, and
Public Facilities Development Impact Fees. Actual fees will be based on Final Design
information. Latest City impact fee schedule is available on the City’s website. Payment of
Impact Fees is required at first building permit issuance. Fees shall be based on the current
comprehensive fee schedule in effect at the time of fee payment, consistent with and in
accordance with City policy.
36. FEE - At first improvement plan submittal, Developer shall submit a $10,000 (Ten
Thousand) initial deposit for plan check and processing. This deposit will be
credited/accounted for toward final plan check and inspection fee.
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Packet Pg. 89 Attachment: CC Resolution TM 20-08 (3344 : Tentative Map TM 20-08, 6605 Automall Parkway Subdivision)
RESOLUTION NO. 2021-XX
37. GENERAL – Developer is required to evaluate the conditions of the existing utility lines
along the project frontage by videotaping and providing the result to the City Engineer. If
the integrity of existing utilities found to be compromised, developer will be required to
repair, or remove and replace if necessary, to the City Engineer satisfaction.
38. GENERAL – As part of Phase 1 of this project, a Parcel Map shall be completed to
subdivide all future lots. Said Parcel map will be presented to the City Council for review
and action. The City Council meeting will be scheduled approximately fifty (50) days after
the Parcel Map is deemed technically correct, and Subdivision Improvement Plans with
supporting documents, reports and agreements are approved by the City. Developer shall
dedicate necessary right of way and public easements for the project development.
39. GENERAL - The approved construction 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.
40. TRANSPORTATION – Applicant shall obtain a review letter from Recology confirming
serviceability and site accessibility of solid waste pickup. Contact Lisa Patton, Operations
Manager 408-846-4421. Include Recology review letter with first building permit
submittal.
41. GENERAL - A current Title Report dated within the last six months, shall be submitted
with the first submittal improvement plans. An existing site plan shall be submitted
showing all existing site conditions and title report easements. Include bearings and
distances for all Right of Way and Easements on the plans.
42. GENERAL - The Developer shall provide a “composite plan” showing Civil, Landscape,
Electrical, and Joint Trench design information (as a separate sheet titled “Composite
Plan”) to confirm that there are no conflicts.
43. GRADING & DRAINAGE - 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 developer shall add this condition to the general notes on the
grading plan.
44. GRADING & DRAINAGE - Site design including building finished floor elevations, shall
comply with the 1995 Uvas Creek Overflow Floodplain Delineation Project prepared by
Schaaf & Wheeler Consulting Civil Engineers. Project will be required to have a
hydrologist review the project grading, to confirm this project does not have cumulative
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Packet Pg. 90 Attachment: CC Resolution TM 20-08 (3344 : Tentative Map TM 20-08, 6605 Automall Parkway Subdivision)
RESOLUTION NO. 2021-XX
impacts to floodwaters. City will require review letter by Schaaf & Wheeler (Contact
Caitlin Gilmore at 415-823-4964, Schaff & Wheeler).
45. GRADING & DRAINAGE – An elevation certificate per FEMA requirements must be
complete by a Land Surveyor or Civil Engineer prior to occupancy.
46. PUBLIC IMPROVEMENTS – Prior to Parcel Map Approval, the developer shall obtain
design approval and bond for all necessary public improvements, including but not limited
to the following:
A. Pavement widening, striping, and signing along Automall Pkwy project frontage.
B. Construction of new curb, gutter, 10’ sidewalk (back of curb to back of sidewalk),
and driveways along Automall Pkwy project frontage.
C. Automall Parkway is part of the Street Cut Moratorium. The project is making new
pavement cuts on the newly resurfaced Automall Pkwy which reduces the City
Pavement Condition Index. The project shall Grind and pave the entire width of
Automall Pkwy (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 City Engineer.
D. Installation of new City standard streetlights along project frontage. Final streetlight
locations shall be to the satisfaction of the City Engineer.
E. Install new 36” storm drain main, laterals, and related facilities along Automall
Pkwy.
F. Existing overhead utilities shall be undergrounded and related utility poles removed
along the property frontage and boundary.
G. Removal of the existing underground utilities no longer being used along the
project frontage.
H. Domestic, landscape, and fire water services, meters, and backflow preventers per
City standards. Each water service shall have a separate lateral from the main to
each lot.
I. New Fire Hydrants along project frontage.
J. Sewer laterals, manholes, and related facilities. Sewer facilities cannot be aligned
through stormwater treatment facilities.
K. New trees along Automall Parkway shall be located behind the back of sidewalk to
match the development to the north.
All improvements must be built to the city Engineer’s satisfaction, and accepted by the
City prior to issuance of any first certificate of occupancy for the project.
47. CONSTRUCTION - 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. Streets will be cleaned by
street sweepers or by hand as often as deemed necessary by the Public Works Director, or at
least once a day.
48. CONSTRUCTION - All trash enclosures shall be covered with a roof structure and
connected to the Sanitary Sewer system.
8.C.d
Packet Pg. 91 Attachment: CC Resolution TM 20-08 (3344 : Tentative Map TM 20-08, 6605 Automall Parkway Subdivision)
RESOLUTION NO. 2021-XX
49. CONSTRUCTION - The minimum soils sampling and testing frequency shall conform to
Chapter 8 of the Caltrans Construction Manual. The subdivider shall require the soils
engineer to daily submit all testing and sampling and reports to the City Engineer.
50. TRANSPORTATION - The Project shall comply with all the traffic mitigation measures
identified in the project’s Traffic Study.
51. TRANSPORTATION – At first plan submittal, developer shall submit on-site and off-site
photometric plans.
52. TRANSPORTATION - At first plan submittal developer shall model all Solid Waste
Vehicle circulation movements, as a separate plan sheet. The circulation plan shall be
prepared to the City Engineer’s satisfaction, and modeled with AutoTurn swept analysis
software, all turning and street circulation movements.
53. TRANSPORTATION - At first plan submittal developer shall model all Emergency
Vehicle circulation movements, as a separate plan sheet. The circulation plan shall be
prepared to the City Engineer’s satisfaction, and modeled with AutoTurn swept analysis
software, all turning and street circulation movements.
54. 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.
55. UTILITIES - The following items will need to be completed prior to first building permit
submittal:
a. The Developer 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 Developer shall negotiate right-of-way with Pacific Gas and Electric and other
utilities subject to the review and approval by the Engineering Division and the utility
companies.
c. Will Serve Letter” from each utility company for the subdivision shall be supplied to
the City.
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Packet Pg. 92 Attachment: CC Resolution TM 20-08 (3344 : Tentative Map TM 20-08, 6605 Automall Parkway Subdivision)
RESOLUTION NO. 2021-XX
56. UTILITIES - 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. The Joint consultant shall provide the City a separate “project utility composite
plan” showing all Civil, Landscape, electrical, and joint trench information to confirm that
there are no conflicts with joint trench plan utilities.
57. UTILITIES – Storm, sewer, and water lines in private areas shall be privately owned and
maintained. This should be noted on the title sheet of the project improvement plan.
58. UTILITIES - Prior to any construction of the dry utilities in the field, the following will
need to be supplied to the City:
i. A professional engineer signed original electrical plan.
ii. A letter from the design Electrical or Civil Engineer that states the electrical plan
conforms to City codes and Standards, and to the approved improvement plans.
59. UTILITIES - Sanitary sewer laterals and/or water meters located in driveways shall have
traffic rated boxes and lids.
60. UTILITIES - The Developer shall perform Fire Hydrant test to confirm 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. Developer shall coordinate with Fire
Department for the Fire Hydrant test.
61. UTILITIES - 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.
62. WATER QUALITY - Proposed development shall comply with state mandated regional
permits for both pre-construction and post-construction stormwater quality requirements per
chapter 27D of the Gilroy Municipal Code, and is subject to, but not limited to, the following:
a. At first improvement plan submittal, project 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. 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.
Provide a separate hatch or shading for landscaping/pervious areas on-site including those
areas that are not bioretention areas. This stormwater control plan report format does not
replace or is not in lieu of any stormwater control plan sheet in improvement plans.
8.C.d
Packet Pg. 93 Attachment: CC Resolution TM 20-08 (3344 : Tentative Map TM 20-08, 6605 Automall Parkway Subdivision)
RESOLUTION NO. 2021-XX
b. The stormwater control plan shall include a signed Performance Requirement
Certifications specified in the Stormwater Guidance Manual.
c. At developer’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 included with the submittal for City evaluation.
d. Prior to plan approval, the Developer of the site shall enter into a formal written
Stormwater BMP Operation and Maintenance Agreement with the City, including Exhibit A
and Exhibit B.
i. The City shall record this agreement against the property or properties involved and it
shall be binding on all subsequent owners of land served by the stormwater
management treatment BMPs. The City-standard Stormwater BMP Operation and
Maintenance Agreement will be provided by Public Works Engineering.
ii. This Agreement shall require that the BMPs not be modified and BMP maintenance
activities not alter the designed function of the facility from its original design unless
approved by the City prior to the commencement of the proposed modification or
maintenance activity.
iii. 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.
iv. 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.
v. Any repairs or restoration/replacement and maintenance shall be in accordance with
City-approved plans.
vi. 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.
e. Stormwater BMP Operations and Maintenance Agreement shall include inspections to
be required for this project and shall adhere to the following:
i. The property owner(s) shall be responsible for having all stormwater management
facilities inspected for condition and function by a certified third party QSP or QSD.
ii. 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 15 th.
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.
8.C.d
Packet Pg. 94 Attachment: CC Resolution TM 20-08 (3344 : Tentative Map TM 20-08, 6605 Automall Parkway Subdivision)
RESOLUTION NO. 2021-XX
f. 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.
g. Before commencing any grading or construction activities, the developer 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.
63. WATER QUALITY - 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.
64. WATER QUALITY - The developer shall secure a QSD or QSP to maintain all erosion
control and BMP measures during construction. The developers QSD or QSP shall provide the
City weekly inspection reports.
65. WATER QUALITY – Sequence of construction for all Post Construction Required facilities
(PCR’s) / stormwater facilities (bioswales, detention/retention basins, drain rock, etc) shall be
done as a final phase of construction to prevent silting of facilities and reduce the intended use of
the facilities. 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.
66. LANDSCAPING - Landscaping plans shall not conflict with the stormwater management
water treatment plan.
67. MASTER PLANS - Confirm the project is in compliance with the City Master Plans.
Studies shall identify the development's effect on the City's present Master Plans and the
impact of this development to surrounding utility lines. If the results of the study indicate that
this development contributes to the over-capacity of the trunk line, developer will be required
to mitigate the impact by remove and replace or upsizing of the existing utilities.
68. BICYCLE PARKING – The applicant shall provide both long-term bicycle lockers and
bike racks on-site, to the approval of the City Engineer.
69. PROJECT ACCEPTANCE – Automall Parkway will be under a trench cut moratorium
once scheduled pavement improvements are complete. At first improvement plan submittal,
plans must show full roadway width pavement repairs along project frontage to the approval
of the City Engineer.
70. PROJECT ACCEPTANCE – At first improvement plan submittal, plans must show
accurate topographic survey including the new paving and striping along Automall Parkway.
71. PROJECT ACCEPTANCE – Until such time as all improvements required are fully
completed and accepted by City, Developer will be responsible for the care maintenance of
8.C.d
Packet Pg. 95 Attachment: CC Resolution TM 20-08 (3344 : Tentative Map TM 20-08, 6605 Automall Parkway Subdivision)
RESOLUTION NO. 2021-XX
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 Developer.
72. PROJECT ACCEPTANCE – Certification of grades and compaction is required prior to
Building Permit final. This statement must be added as a general note to the Grading and
Drainage Plan.
73. PROJECT ACCEPTANCE – Prior to building occupancy, provide and obtain approval for
all of the items identified in the Public Works Department “Development Project Closeout”
list.
74. All project frontage improvements including utilities and stormwater management
facilities along Automall Parkway shall be constructed in Phase 1 of this project.
75. All stormwater facilities along Automall Pkwy located within the PSE shall be maintained
by the property owner. The City and property owner shall enter into a maintenance agreement
prior to Parcel map approval.
76. All stormwater facilities for future lots shall be owned and maintained by the property
owner.
77. Automall Parkway shall have a minimum 2% cross slope per City Standards.
78. No private signage, poles, utilities, etc. allowed in PSE/PUE.
79. All offsite water entering the site must be managed by each lot. No stormwater shall be
directed outside of the lot, including overland flow to the top of creek bank. Final design shall
comply with all Conditions of Approval and comments by Valley Water.
80. The new Storm Drain line along Automall Pkwy shall be a minimum 7’ clear from lip of
gutter and a min 6’ clear from the water line (edge of water pipe to edge of storm drain pipe).
8.C.d
Packet Pg. 96 Attachment: CC Resolution TM 20-08 (3344 : Tentative Map TM 20-08, 6605 Automall Parkway Subdivision)
RESOLUTION NO. 2021-XX
8.C.d
Packet Pg. 97 Attachment: CC Resolution TM 20-08 (3344 : Tentative Map TM 20-08, 6605 Automall Parkway Subdivision)
City of Gilroy
STAFF REPORT
Agenda Item Title: Code Enforcement Program Update
Meeting Date: June 21, 2021
From: Jimmy Forbis, City Administrator
Department: Community Development Department
Submitted By: Karen Garner
Prepared By: Karen Garner
Strategic Plan Goals
☐ Fiscal Stability
Downtown
Revitalization ☐ Economic
Development
Neighborhood Services
☐ Enhanced Public
Safety
☐ Workforce Stability ☐ Public Engagement
RECOMMENDATION
Receive this report and provide direction to staff, if any.
EXECUTIVE SUMMARY
The City’s Code Enforcement Program strives to maintain a healthy, safe and desirable
living and working environment throughout the City of Gilroy. The Code Enforcement
Program helps maintain and improve the quality of life in the community by
administering a fair and unbiased enforcement program to correct violations of codes
and ordinances enacted by the City Council regarding property, buildings and
structures.
This report provides an overview of the program, its history, roles and responsibilities,
staff workload, code enforcement processes and tools, priorities and highlights
successes.
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BACKGROUND
The City of Gilroy’s Code Enforcement Program has grown and changed over the
years. Prior to the City’s creation of the Code Enforcement Officer position, building
inspectors handled the enforcement of building code violations in existing structures as
well as new construction. Housing quality complaints were referred to the Housing
Division, community services enforced all violations pertaining to the handling of solid
waste and garbage and zoning ordinance violations were investigated and enforced by
planners.
The City’s first part-time Code Enforcement Officer was hired in 1999 and was
converted to full-time in 2002. Beginning in 2005, a second part time Code
Enforcement Officer was hired, and in 2008 the part time position was converted to a
second full time code enforcement position. As the city increased code enforcement
staffing levels, work that was previously handled by other divisions was reassigned to
code enforcement. In 2014, council approved the addition of 2 temporary part-time
Code Enforcement Officers, however, the City was unsuccessful in recruiting and
retaining staff for these positions after many attempts over the course of several years.
The Code Enforcement Program is part of the Building Division within the Community
Development Department and both Code Enforcement Officers report to the Chief
Building Official.
Roles & Responsibilities. It is difficult to make a direct comparison of code
enforcement staffing with other jurisdictions as each city may have different activities
that are covered under that agency's code enforcement efforts. For example, some
agencies have abandoned cars and graffiti abatement under code enforcement where
at the City of Gilroy that falls under the responsibility of the police department's
community service division. Other cities may have their building inspectors perform
some or all code enforcement related to illegal or substandard buildings. In Gilroy, code
enforcement primarily responds to illegal or substandard buildings, with building
inspectors providing additional assistance as needed. In many cities, the invoicing and
collections of administrative penalties is handled by their finance departments, however
in Gilroy, code enforcement handles this.
Gilroy’s code enforcement staff also assists fire prevention staff in completing certain
state-mandated fire prevention related inspections. These inspections had previously
been completed by Fire Operations.
Over the past few years, illegal dumping has increased, and response has fallen mainly
on code enforcement staff to address even though most illegal dumping cases do not
involve citations or the enforcement of city codes. It is rare to establish who did the
illegal dumping. Responsibility for removal of illegally dumped items can be placed on
the property owner, however, this is not desirable for many reasons. Often, the dumped
items are bulky or heavy and often have additional fees for disposing of at the transfer
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station (i.e., mattresses and appliances). Many property owners, particularly residents,
may not have the means to move the large or bulky items and are reluctant to pay fees
to dump items that are not theirs. In addition, the process of contacting the property
owner and asking them to remove the dumped items can take days for a response. If
the property owner is non-responsive, it can take several weeks to go through the
various steps of issuing an administrative citation to compel removal of the items.
Finally, illegally dumped items, particularly highly visible ones, should be addressed
immediately as dumped items tend to attract additional illegal dumping or items may get
moved and end up in sensitive habits such as creeks or other less visible locations.
Recology will pick up illegally dumped items that are in the public right of way, however,
staff must submit a referral to Recology, and it typically takes several days for Recology
to respond and pick up the item. There is no charge by Recology for items picked up by
code enforcement staff and taken to the City’s Corporation Yard for disposal as part of
their regular pick-up service. Since January 1, 2021, code enforcement staff have
responded to 42 cases of illegal dumping.
Workload. Although there is no “typical” day for code enforcement, activities generally
include field work and administrative work.
Administrative
Emails, phone calls, research of cases (i.e., determine if construction obtained proper
permits, verify if business has a business license, tracking down property owners,
confirming current contact information, reviewing past Google earth images to verify
previous conditions, researching past cases on same property), forwarding complaints
to the correct department, entering case notes, sending courtesy letters and violation
notices, downloading photos into system, researching codes, compiling records to fulfill
public records requests.
Field Work
Investigate complaints, photo document violations, inspect properties, meet, and talk to
property owners, talk to complaining parties, pick up illegally dumped items (all public
properties, some private properties), pick up trash generated from homeless
encampments in high visibility areas, respond to questions from citizens, assist other
departments with possible code violations, follow up on active cases (i.e., revisit site to
verify if property owner corrected violation in timeframe given).
The administrative side of code enforcement takes a majority of staff’s time with
approximately two-thirds of staff time spent on administrative/paperwork and one-third
out in the field. The current active case load of code enforcement is 260 cases.
Code Enforcement Process. The City of Gilroy’s Code Enforcement Program is
primarily complaint driven. Most complaints are received by phone, email or through the
City’s website. Many complaints are also initiated in other departments and are
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forwarded to code enforcement. Occasionally the Gilroy Police Department requests
code enforcement involvement due to code violations observed during their duties.
Proactive (rather than solely complaint-based) code enforcement would require
additional resources such as additional Code Enforcement Officers or shifting of certain
activities to other departments and divisions (such as picking up trash and illegal
dumping) to free up time of existing code enforcement staff. Proactive code
enforcement is managed differently than complaint driven code enforc ement. It requires
developing specific programs to tackle priority issues in a way that ensures fair and
equitable application of code enforcement efforts and does not single-out certain
property owners, locations, or business types.
Complainant names and personal information is protected from disclosure under Gilroy
City Code section 17A.27 (a) and through the California Public Records Act section
6254(k). However, despite such assurances, complainants often prefer to file
complaints anonymously. This can make follow-up on such cases more difficult. Direct
contact with a complainant can reduce the time staff spends on a case by providing an
opportunity for code enforcement staff to ask questions about the complaint, to clarify
case conditions and set expectations with the complainant for enforcement and the
steps involved.
City staff use a variety of approaches and tools to address code enforcement and blight
in Gilroy. The specific approach taken is based on the unique circumstances of the
situation and there is rarely one single prescribed process to address a particular
situation. Rather, a variety of factors are considered before deciding on an approach
including the specific violation that has occurred, the severity of the matter, the
responsiveness of the property or business owner, and whether this is a repeat or
recurring situation.
Staff reviewed the tools and code sections used to address various violations at the
January 25, 2021 Council meeting. Two of the primary tools include administrat ive
citations and monetary penalties per Chapter 6A and abatement as per Chapter 5B
(commercial and industrial properties) and 5C (residential properties) of the Municipal
Code.
While both tools are generally effective, they involve several steps which can take
several weeks or months and in some cases years to complete. At any time during
these processes, if a property owner is responsive, staff can choose to stop
enforcement proceedings either temporarily, or if the issue is resolved, close the case
without further enforcement. In many cases, property owners make some initial effort to
comply but then do not follow-through or get into a pattern of starting and stopping
compliance, lengthening the time to resolve the case. Other cases have ownership or
other complexities that take many hours of staff time and correspondence to resolve.
Priorities. Several factors are considered when determining priorities and which code
enforcement cases are handled first. Generally, situations that are a threat to public
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health or a life/safety issue are the highest priority. Life/safety issues account for
approximately 55% of the code enforcement caseload and can be further broken down
as follows:
55 % Code Enforcement: Estimated Life Safety Cases
20 % 1. Substandard housing.
19 % 2. Illegal or substandard construction, renovation or conversions.
7 % 3. Illegal dumping of garbage, trash, debris.
2 % 4. Improper change of use, such as living in a tool shed or converting a garage to a
living unit.
2 % 5. Illegal encroachments into the public way by illegal dumping and garbage cans
that create a hazard.
1 % 6. Unlawfully occupying an RV.
1 % 7. Improperly maintained pool or spa.
1 % 8. Unlawful storing or accumulation of garbage, trash, debris or rodent harborages.
< 1 % 9. Unlawful maintenance of any septic tank, or disposal or discharge of sewage.
< 1 % 10. Abandoned, vacant or unsecured houses or structures that become an attractive
nuisance.
< 1 % 11. Operating certain types of businesses without the necessary permits and
approvals (i.e., food related).
< 1 % 12. Illegal food vendors.
After life/safety issues, the next level of priorities generally includes issues with high
visibility such as commercial property maintenance issues on major thoroughfares.
Lower priorities include maintenance issues on less visible properties, operating certain
types of businesses without a business license or an expired business license (i.e.,
office or retail use), and noise complaints. These complaints are followed up on,
however, timeframes for enforcement may be extended as compared to higher priority
cases.
A significant amount of time is also spent on public records requests. These requests
are a high priority due to the timeframes for response as required by sta te law and local
ordinances.
“Blight” and Property Maintenance Issues. One area of concern has been regarding
enforcement of structures, particularly commercial structures that have fallen into
disrepair or lack basic maintenance. Although these propert ies may not meet the City
code definition of “blight”, the condition of the buildings are often in violation of other city
codes, building codes or the International Property Maintenance Code (adopted every
three years at the same time new Building Codes a re adopted) and can therefore be
addressed through code enforcement efforts.
Successes. Although caseload and current staffing prevent more proactive code
enforcement, there are many successes worth noting. As mentioned, there are 260
current open cases, however many of these will be successfully addressed and
resolved. In most cases, the issue will be resolved before anyone other than the
complainant notices. Most illegal dumping, particularly in the public right of way, is also
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handled and resolved before it is noticed. Over the past year and a half, the City has
contracted with a highly skilled and professional hearing officer to resolve many cases
brought forward through the administrative citation process, making this process more
effective. Code enforcement staff and the hearing officer worked together to resolve
long-standing unreinforced masonry (URM) building issues, resulting in the resolution of
almost all URM buildings. These buildings are either no longer considered URM
buildings or are on track to address remaining URM issues within the required
timeframes.
The Code Enforcement Program is also part of the integration to a new land
management system, EnerGov, scheduled for implementation in November of this year.
EnerGov will assist in streamlining many of the administrative processes. EnerGov will
provide the capability to initiate, update and notice code enforcement cases in the field.
EnerGov will also provide enhanced tracking and monitoring capabilities as well as
automate and generate various reports to help track cases, respond to public
information requests and provide data to staff and the public. It is anticipated that
EnerGov will reduce the amount of staff time spent on administrative tasks, however
administrative work in code enforcement will continue to take most of the staff time.
CONCLUSION
Although a small program of two full-time staff and the support of several other City
staff, the team accomplishes a great deal, making the City of Gilroy a safer, more livable
community and improving the visual appearance and quality of life.
NEXT STEPS
Receive report and provide direction to staff, if any.
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City of Gilroy
STAFF REPORT
Agenda Item Title: Fireworks Enforcement Strategy
Meeting Date: June 21, 2021
From: Jimmy Forbis, City Administrator
Department: Police Department
Submitted By: Pedro Espinoza
Prepared By: Pedro Espinoza
Jason Smith
Strategic Plan Goals
☐ Fiscal Stability
☐ Downtown
Revitalization
☐ Economic
Development
☐ Neighborhood Services
Enhanced Public
Safety
☐ Workforce Stability ☐ Public Engagement
RECOMMENDATION
Receive report.
EXECUTIVE SUMMARY
This report covers six years of Police Department fireworks enforcement efforts.
The Gilroy Police Department receives an increase in calls around the July 4th holiday
regarding illegal fireworks. After several years of declining enforcement statistics, a five-
point enforcement strategy was implemented in 2018 to include deploying police
resources in a covert manner and increasing the penalties for use of illegal fireworks
from $500 to $1,000. This report summarizes the fireworks enforcement statistics from
the previous six years to include the years prior to implementation of a five -point
enforcement strategy as well as the years after its implementation.
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BACKGROUND
In 2018, a five-point enforcement strategy was implemented to include:
1) Modifying Gilroy City Code Section 10A.14 increasing the maximum fine for
violations of the fireworks ordinance from $500 to $1,000;
2) Using a mobile application allowing community members to report illegal firework
usage directly to police department personnel via smart devices;
3) Deploying 10 officers in unmarked vehicles to observe violations in a covert
manner;
4) Deploying 2 officers on dual-sport police motorcycles which allowed for more
flexibility in navigating congested areas and accessing law violations more
rapidly;
5) Utilizing social media platforms to inform the public of a zero tolerance approach
to illegal fireworks usage.
2020 was another year of implementation of the five-point illegal fireworks enforcement
strategy.
ANALYSIS
Police Department Fireworks Enforcement Efforts and Statistics
Compilation of the data collected for 2020 show some differences in enforcement
statistics as reported in 2019. Criminal citations decreased from 17 in 2019 to 6 in 2020
while administrative citations increased from 43 to 75 for a combined 81 citations issued
in 2020.
For the last two years, community members used the “Nail ‘em” Mobile Application to
submit reports of illegal fireworks. 137 reports were received in 2019 and in 2020, 92
reports were received on the application. The application allows community members to
report the possession, sale and/or use of illegal fireworks in the community along with
photos and geographic positioning system (GPS) locations to officer’s smartphones,
which eased some calls that would have been routed via the communications center.
Also of note, in 2020, community members submitted 17 reports of illegal fireworks via
an email account monitored by police personnel. In total, 126 calls for service were
received between 4:00 p.m. on July 4th to 2 a.m. on July 5th, of which 110 of the calls for
service during this period were fireworks related.
The two charts below show a six-year comparison of illegal fireworks enforcement data:
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0
10
20
30
40
50
60
70
80
90
2015 2016 2017 2018 2019 2020Citations IssuedYear
Chart 2: Six Year Comparison of Administrative and
Criminal Citations
Issued for Illegal Fireworks
Admin Cites
Criminal Cites
ALTERNATIVES
None. Staff will continue with the five-point illegal fireworks enforcement strategy for
2021.
FISCAL IMPACT/FUNDING SOURCE
There is no direct impact to the City for enforcement activities. This action is to report on
the five-point enforcement strategy. The cost of developing and deploying a fireworks
mitigation strategy is covered through the fireworks mitigation plan and paid for by the
local fireworks vendors.
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City of Gilroy
STAFF REPORT
Agenda Item Title: Report on Housing Element Workplan and Status of Regional
Housing Needs Allocation (RHNA) Distribution
Meeting Date: June 21, 2021
From: Jimmy Forbis, City Administrator
Department: Community Development Department
Submitted By: Karen Garner
Prepared By: Karen Garner
Cindy McCormick
Strategic Plan Goals
☐ Fiscal Stability
☐ Downtown
Revitalization
☐ Economic
Development
☐ Neighborhood Services
☐ Enhanced Public
Safety
☐ Workforce Stability ☐ Public Engagement
RECOMMENDATION
1. Receive report and provide staff direction regarding Council expectations for the
2023-2031 Housing Element.
2. Direct staff on whether to appeal the ABAG RHNA distribution (equity adjustment) for
the City of Gilroy.
EXECUTIVE SUMMARY
The purpose of this staff report is to provide the Council with an update on the City’s
draft Regional Housing Needs Allocation for the 2023-2031 planning cycle, recently
approved by ABAG, and to discuss next steps regarding an update to the City’s
Housing Element.
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REGIONAL HOUSING NEEDS ALLOCATION UPDATE
Regional Housing Needs Allocation (RHNA) overview: Since 1969, the State of
California has required that all local governments adequately plan to meet the housing
needs of everyone in our communities. The Regional Housing Need Allocation (RHNA)
process is used to determine how many new homes, and the affordability of those
homes, each city and county must plan for in its Housing Element. Cities do not need to
ensure these homes are built, but do need to minimize governmental constraints, and
put the proper zoning in place, so the private sector can build the housing.
In consultation with the Association of Bay Area Governments (ABAG), the State
Department of Housing and Community Development (HCD) determined that the Bay
Area must plan for 441,176 new housing units from 2023 to 2031. On May 20, 2021, the
ABAG Executive Board approved the Final RHNA Methodology and Draft RHNA
Allocations. Gilroy’s draft allocation for the 2023-2031 planning cycle is 1,773 housing
units, including 669 very low-income units, 385 low-income units, 200 moderate income
units, and 519 above-moderate income units. Notably, while the overall number of units
has increased, as it has for all cities across the state, the City of Gilroy received a
higher percentage of very low- and low-income units, under an “equity adjustment”
factor. Pursuant to Government Code Section 65584.05, the City may file an appeal to
modify Gilroy’s allocation.
The deadline to file an appeal is 5:00 p.m. on July 9, 2021. Staff is seeking direction
from the Council on whether to appeal. However, appeals are historically unsuccessful,
and the City’s total RHNA is in proportion to its share of the region’s total households, a
key factor in the equity adjustment methodology. Therefore, staff is recommending that
the City Council not appeal Gilroy’s RHNA distribution.
HOUSING ELEMENT UPDATE
The Housing Element is part of Gilroy’s General Plan and identifies policies and
programs to meet the housing needs of the city’s current and future residents. State law
(Government Code Sections 65580-65589.8) requires that every city and county in
California adopt a Housing Element, approximately every eight years. In addition, HCD
reviews and certifies Housing Elements to ensure they meet all requirements of the law.
Gilroy’s 2015-2023 Housing Element was certified by HCD in December 2014. The
2023 – 2031 Housing Element must be certified by HCD no later than January 2023.
The update process will include multiple community outreach meetings and at least two
public hearings with the Planning Commission and the City Council (Draft and Final
documents).
Housing Element Overview: The Housing Element will include the following:
1. Housing Needs Assessment: Analyze Gilroy’s demographic and housing
trends and conditions.
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2. Constraints Analysis: Analyze and address existing and potential governmental
and nongovernmental constraints to the development of housing.
3. Evaluation of Past Performance: Assess Gilroy’s progress in implementing the
policies and programs from the City’s 2015-2023 Housing Element.
4. Housing Sites Inventory: Identify housing sites available for development or
redevelopment in Gilroy, ensuring that there is sufficient capacity to address
Gilroy’s 2023-2031 Regional Housing Needs Allocation.
5. Policies and Programs: Establish policies and programs to address Gilroy’s
identified housing needs.
6. Community Outreach and Engagement: Conduct a thorough program of
community engagement, with a particular focus on outreach to Gilroy’s
traditionally underrepresented groups, including, but not limited to groups
identified in the City’s Environmental Justice chapter of the 2040 General Plan.
Notable Housing Element Law Changes: Assembly Bill (AB) 686 was signed into law
in September 2018 and creates new requirements in Housing Element Law.
Accordingly, the 2023 – 2031 Housing Element update process is expected to be more
time intensive and rigorous than previous cycles. In addition to receiving a higher
Regional Housing Needs Allocation, as described earlier in this report, it will be harder
to identify sites that can count towards accommodating the 2023-2031 RHNA planning
cycle. New requirements mean there will be increased scrutiny on small (0.5 acre or
less), large (10 acre or more) and non-vacant/redevelopment sites. General
characteristics of suitable sites include adequate zoning, infrastructure availability, and
likelihood of being redeveloped at the necessary density. If the City cannot identify
adequate sites as defined by the State, the City will need to rezone sites accordingly.
In 2018, California adopted new requirements for jurisdictions to Affirmatively Further
Fair Housing (AFFH). Starting in January 2021, California law also requires that
Housing Elements include an Assessment of Fair Housing (AFH). Housing Elements
must factor the AFH into the housing sites inventory and include goals, policies and/or
programs to combat discrimination, overcome patterns of segregation and foster
inclusive communities. Changes in rules related to the sites inventory and affirmatively
furthering fair housing will also require more community outreach than in the past. In
collaboration with Santa Clara County and six other cities in the County, a draft AFH
has been prepared and is expected to be brought to the City Council for consideration
later this year.
All new legal requirements will lead to a lengthier and more costly process than in the
past. Fortunately, some of these additional costs will be absorbed through Gilroy’s
participation in the Santa Clara County Planning Collaborative. Through the
Collaborative, Baird & Driskel Community Planning consultants will assist City staff in
completing portions of the sites inventory, affirmatively furthering fair housing
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requirement, and community outreach. Furthermore, some of the administrative burden
of hiring a Housing Element consultant will be minimized through ABAG’s cooperative
bench, a procurement process that has already vetted qualified consultants on behalf o f
bay area cities. Another benefit of this cooperative bench is the fact that several cities
across the bay area are having a difficult time finding a consultant to prepare their
Housing Element, due to the anticipated amount of work associated with new state
requirements.
The following table illustrates a rough estimate of the Housing Element update timeline .
The tentative schedule includes a study session with the City Council in September
2021 to receive direction on drafting an affordable housing ordinance and what form it
might take (e.g. provide incentives for voluntary inclusion of affordable units versus
require a minimum % of affordable units for projects that fall with a specific threshold ).
The tentative schedule also includes public hearings with the Planning Commission and
the City Council to review a draft document (Spring 2022) and then adopt the final
Housing Element (Fall 2022).
Tentative Housing Element Update Timeline
Request proposals through the ABAG Cooperative Bench July 2021
Execute contract with consultant August 2021
City Council Study Session September 2021
Housing & Neighborhood Rev. Comm. Study Session October 2021
Develop and implement community engagement program July 2021 through 2022
Complete initial research/trends/past progress/constraints Summer/Fall 2021
Complete Sites Inventory Summer/Fall 2021
Draft Housing Element Programs and Policies Fall 2021
Prepare Draft Housing Element Winter 2022
Prepare CEQA analysis March 2022
Hold Commission / Council hearings (Review Draft) April-May 2022
Revise draft per Council direction May-June 2022
Preliminary State HCD review July-Aug. 2022
Revise plan per State HCD, if needed Sept-Oct. 2022
Hold Commission / Council hearings (Final Adoption) Oct-Nov 2022
Submit for State HCD certification November 2022
Complete rezoning, as necessary Early-Mid 2023
FISCAL IMPACT
The total budget required for the 2015-2023 Housing Element is significantly higher than
in previous cycles due to state legislation regarding identifying adequate sites to
accommodate RHNA, and increased community outreach associated with Affirmatively
Further Fair Housing requirements. The City has approximately $124,000 in LEAP and
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REAP grant monies1 to fund the Housing Element. The FY22-23 approved budget
includes an additional $400,000 as needed depending on the level of CEQA review and
rezoning associated with the findings from the sites inventory analysis.
NEXT STEPS
In August 2021, Staff will return to the City Council for approval of the scope of work,
budget, and associated consultant contract to update the City’s Housing Element.
PUBLIC OUTREACH
In addition to advertising this agenda item on the City’s website, staff has created a
dedicated webpage for the Housing Element Update. The webpage includes a link to
sign up for email updates.
1 Grant funds for the Housing Element update include approximately $71,000 in Local Early Action Planning (LEAP)
funding and approximately $53,000 in Regional Early Action Planning (REAP) funding.
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City of Gilroy
STAFF REPORT
Agenda Item Title: Declaration of Certain Substandard Housing Conditions at 402
Madison Court and 6860 Rosanna Street as Blighted Property and
a Public Nuisance
Meeting Date: June 21, 2021
From: Jimmy Forbis, City Administrator
Department: Community Development Department
Submitted By: Karen Garner
Prepared By: Scott Barron
Strategic Plan Goals
☐ Fiscal Stability
☐ Downtown
Revitalization
☐ Economic
Development
☐ Neighborhood Services
Enhanced Public
Safety
☐ Workforce Stability ☐ Public Engagement
RECOMMENDATION
a) Adopt a resolution of the City Council of the City of Gilroy declaring 402 Madison
Court to be a blighted property and directing the City Administrator to begin the
process to abate such nuisance.
b) Adopt a resolution of the City Council of the City of Gilroy declaring 6860
Rosanna Street to be a blighted property and directing the City Administrator to
begin the process to abate such nuisance.
EXECUTIVE SUMMARY
The ongoing lack of maintenance by property owners on certain properties has
contributed to the eventual deterioration of those buildings. Gilroy’s City Code provides
the City with a process to address blighted buildings. It is under this regulatory authority
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that the City Council is requested to consider abatement of these buildings.
Specifically, structures located at 402 Madison Court and 6860 Rosanna Street are the
subject of this report.
BACKGROUND
402 Madison Court: The home on this property burned down in September 2016. The
property is subject to a 40-year recorded affordable housing resale restriction with the
City. Initially a contractor applied for a building permit to repair the damage, and the city
approved the permit, however the permit fees were not paid , and the application
expired. The fire damaged structure was substantially demolished without a permit and
the debris was removed from the site. However, the work was never completed, and the
studs and foundation of the home remain onsite. The site is not considered safe as a
result.
The City opened a code enforcement case in July 2017. The owners were responsive to
staff, and so staff held off code enforcement until July 25, 2018 when a Violation Notice
and Compliance Order was issued to the owners due to the abandoned construction
project. On September 2018, a Notice of Pending Action was served on the owners
advising that a Notice of Violation would be recorded if the site were not made safe. A
Notice of Violation was later recorded on November 14, 2018.
In February 2019, the City installed a fence around the property after the owners
executed a liability release in connection with the installation of the fence. No action has
been taken since then to remove the studs and foundation from the site.
6860 Rosanna Street: The City has been informed that the owner(s) of this property
have passed away, and the identity and whereabouts of surviving heirs is not known.
The property is in poor condition because it has not been maintained for years. The
ceilings are falling in due to years of water damage. Portions of the patio cover
collapsed. The house is completely unoccupiable.
Sometime in early 2020, the property was cleaned up slightly and boarded up. It is not
known who performed the work. On April 8, 2021, the City red tagged the property and
posted a Notice of Violation at the property providing 21 days to bring it into repair. No
action has been taken in response to the notice.
ANALYSIS
The City’s administrative nuisance abatement procedures are set forth in Chapters 5B
and 5C of the City Code, and may be summarized as follows:
• The City Administrator or designee determines that nuisance conditions exist on
private property.
• The City Council declares the existence of a nuisance by resolution.
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• The City Clerk sets a hearing to hear any objections from the property owner to
the proposed abatement of the nuisance.
• The City Administrator or designee provides notice of the Council’s resolution
and of the time fixed for the hearing by posting notice at the property and by
certified mail (return receipt requested) to the owner of the property as shown in
the last equalized assessment roll.
• After providing the property owner an opportunity to be heard, the City Council
may order the nuisance abated.
• The City Administrator or designee may propose a compliance schedule to the
property owner within which to abate the nuisance. At a minimum, the property
owner shall be given at least 30 days to abate the nuisance voluntarily.
• If the property owner does not first abate the nuisance voluntarily, the City
Administrator may cause the nuisance to be abated. A lien for the City’s costs of
abatement may be recorded against the property and collected as a special
assessment on the property tax roll.
ALTERNATIVES
1. The City Council may decide not to take action to declare the subject sites as
blighted property. This action is not recommended because allowing neglected
and deteriorated property to remain unchanged discourages investment,
presents a potential nuisance and leaves in place, unsafe conditions.
FISCAL IMPACT/FUNDING SOURCE
Recovery of the abatement costs on both properties would be pursuant to City Code
Chapters 5B and 5C, as well as Government Code Section 54988(a)(1), which allow the
City to collect any fee, cost, or charge incurred in the abatement of public nuisances
with special assessment liens that may be collected on the property tax roll. As a result,
the costs of abatement would be borne by the property owners.
ENVIRONMENTAL REVIEW
Review and approval of the nuisance abatement activity qualifies for an exemption from
environmental review under California Environmental Quality Act (“CEQA”) Section
15304 (Class 04) of the CEQA guidelines, which provides that CEQA does not apply to
Minor Alterations of Land. The action also would not constitute a “project” within the
meaning of CEQA under Section 15061(b) (3) of the CEQA Guidelines, which states a
project is exempt from CEQA when “[t]he activity is covered by the common sense
exemption that CEQA applies only to projects which have the potential for causing a
significant impact to the environment. Where it can be seen with certainty that there is
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no possibility that the activity in question may have a significant effect on the
environment, the activity is not subject to CEQA”.
CONCLUSION
By approving the attached resolutions, the City can take action to abate the two
properties.
NEXT STEPS
Should the City Council approve the recommended resolutions, staff will schedule a
public hearing for the City Council to hear and consider all objections to the proposed
abatement of such property blight. At this time, staff anticipates such public hearing
would occur on August 2, 2021. Upon conclusion of the public hearing, the City Council
may by resolution consider or overrule all objections; after which the City Council may
authorize the City Administrator to proceed and perform the work of destruction or
removal of such property blight.
Attachments:
1. Resolution declaring nuisance 6860 Rosanna St. v3
2. Resolution declaring nuisance 402 Madison Ct. v3
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RESOLUTION NO. 2021-_____ 4837-4774-2439v3
ERAMAKRISHNAN\04706232
RESOLUTION NO. 2021-_____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
DECLARING CERTAIN SUBSTANDARD HOUSING CONDITIONS IN
THE CITY TO CONSTITUTE PROPERTY BLIGHT AND A PUBLIC
NUISANCE, DESCRIBING THESE BLIGHT CONDITIONS WHICH
CONSTITUTE SUCH NUISANCE, AND PROVIDING NOTICE OF THE
ADOPTION OF THE RESOLUTION BY PUBLICATION THEREOF
PURSUANT TO GILROY CITY CODE SECTION 5B.20
WHEREAS, substandard and dangerous conditions exist at 6860 Rosanna Street, Gilroy,
in violation of Gilroy City Code Sections 5B.4 and 5C.5, in that the property has been allowed to
fall into a state of significant disrepair, is boarded up, and is not being used or maintained for its
intended use as a single-family residence; and
WHEREAS, the owners of the property have failed to abate these conditions; and
WHEREAS, said conditions constitute a public nuisance pursuant to Gilroy City Code
Section 5C.3.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Gilroy as
follows:
1. That the City Council hereby finds that substandard and dangerous conditions
existing on the property constitute blight in violation of Gilroy City Code Sections 5B.4 and
5C.5 and Section 108 of the 2018 International Property Maintenance Code (Unsafe Structures
and Equipment), as adopted by the City pursuant to Gilroy City Code Section 6.1.
2. That such conditions of blight now constitute, and will continue to constitute, a
public nuisance, and it is ordered that the owners of the property shall, without delay, destroy or
remove said nuisance or the nuisance shall be abated by city authorities.
3. That if the nuisance is abated by city authorities as authorized in Gilroy City Code
Section 5B.23, the costs of such abatement will be assessed upon the lots and lands from which
the nuisance is abated. Such costs will constitute a lien upon such lots or lands until paid and
will be collected upon the next tax roll upon which general municipal taxes are collected.
4. That it is ordered that ______, the __ of ____, 2021, at the hour of 6:00 p.m., or as
soon thereafter, in the Council Chambers of the City of Gilroy at 7351 Rosanna Street (or
virtually, if set forth in the notice provided to the property owners), is fixed as the tim e and place
when objections to the proposed removal or abatement by city authorities shall be heard and
given due consideration.
5. That the City Administrator of the City of Gilroy is hereby ordered and directed to
cause notice of the adoption of this resolution and notice of hearing to be provided to the
property owners in the manner and form provided in Gilroy City Code Sections 5B.20 and
5B.21, at least ten (10) days prior to the hearing.
10.C.a
Packet Pg. 117 Attachment: Resolution declaring nuisance 6860 Rosanna St. v3 (3353 : Declare 402 Madison Ct and 6860 Rosanna St Blighted Properties)
RESOLUTION NO. 2021-_____ 4837-4774-2439v3
ERAMAKRISHNAN\04706232
6. That the abatement of conditions of nuisance existing at the property is exempt
from review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA
Guidelines Sections 15301 (Existing Facilities), 15302 (Replacement or Reconstruction), 15303
(New Construction or Conversion of Small Structures), and 15304 (Minor Alterations of Land),
in that the abatement would involve minimally intrusive ground breaking activity at an existing
single-family homesite and that none of the circumstances described in CEQA Guidelines
Section 15300.2 applies.
PASSED AND ADOPTED this _____ day of __________, 2021, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
APPROVED:
Marie Blankley, Mayor
ATTEST:
LeeAnn McPhillips, Interim City Clerk
10.C.a
Packet Pg. 118 Attachment: Resolution declaring nuisance 6860 Rosanna St. v3 (3353 : Declare 402 Madison Ct and 6860 Rosanna St Blighted Properties)
RESOLUTION NO. 2021-_____ 4836-3462-6535v2
ERAMAKRISHNAN\04706232
4836-3462-6535v3
ERAMAKRISHNAN\04706232
RESOLUTION NO. 2021-_____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
DECLARING CERTAIN SUBSTANDARD HOUSING CONDITIONS IN
THE CITY TO CONSTITUTE PROPERTY BLIGHT AND A PUBLIC
NUISANCE, DESCRIBING THESE BLIGHT CONDITIONS WHICH
CONSTITUTE SUCH NUISANCE, AND PROVIDING NOTICE OF THE
ADOPTION OF THE RESOLUTION BY PUBLICATION THEREOF
PURSUANT TO GILROY CITY CODE SECTION 5B.20
WHEREAS, dangerous and substandard conditions exist at 402 Madison Court, Gilroy,
in violation of Gilroy City Code Sections 5B.4 and 5C.5, in that the structure on the property
burned in 2016, only the building studs and foundation remain, and the property has not been
maintained in good condition and repair; and
WHEREAS, the owners of the property have failed to abate these conditions; and
WHEREAS, said conditions constitute a public nuisance pursuant to Gilroy City Code
Section 5C.3.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Gilroy as
follows:
1. That the City Council hereby finds that substandard and dangerous conditions
existing on the property constitute blight in violation of Gilroy City Code Sections 5B.4 and
5C.5 and Section 108 of the 2018 International Property Maintenance Code (Unsafe Structures
and Equipment), as adopted by the City pursuant to Gilroy City Code Section 6.1.
2. That such conditions of blight now constitute, and will continue to constitute, a
public nuisance, and it is ordered that the owners of the property shall, without delay, destroy or
remove said nuisance or the nuisance shall be abated by city authorities.
3. That if the nuisance is abated by city authorities as authorized in Gilroy City Code
Section 5B.23, the costs of such abatement will be assessed upon the lots and lands from which
the nuisance is abated. Such costs will constitute a lien upon such lots or lands until paid and
will be collected upon the next tax roll upon which general municipal taxes are collected.
4. That it is ordered that ______, the __ of ____, 2021, at the hour of 6:00 p.m., or as
soon thereafter, in the Council Chambers of the City of Gilroy at 7351 Rosanna Street (or
virtually, if set forth in the notice provided to the property owners), is fixed as the time and place
when objections to the proposed removal or abatement by city authorities shall be heard and
given due consideration.
5. That the City Administrator of the City of Gilroy is hereby ordered and directed to
cause notice of the adoption of this resolution and notice of hearing to be provided to the
property owners in the manner and form provided in Gilroy City Code Sections 5B.20 and
5B.21, at least ten (10) days prior to the hearing.
10.C.b
Packet Pg. 119 Attachment: Resolution declaring nuisance 402 Madison Ct. v3 (3353 : Declare 402 Madison Ct and 6860 Rosanna St Blighted Properties)
RESOLUTION NO. 2021-_____ 4836-3462-6535v2
ERAMAKRISHNAN\04706232
4836-3462-6535v3
ERAMAKRISHNAN\04706232
6. That the abatement of conditions of nuisance existing at the property is exempt
from review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA
Guidelines Sections 15301 (Existing Facilities), 15302 (Replacement or Reconstruction), 15303
(New Construction or Conversion of Small Structures), and 15304 (Minor Alterations of Land),
in that the abatement would involve minimally intrusive ground breaking activity at an existing
single-family homesite and that none of the circumstances described in CEQA Guidelines
Section 15300.2 applies.
PASSED AND ADOPTED this _____ day of __________, 2021, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
APPROVED:
Marie Blankley, Mayor
ATTEST:
LeeAnn McPhillips, Interim City Clerk
10.C.b
Packet Pg. 120 Attachment: Resolution declaring nuisance 402 Madison Ct. v3 (3353 : Declare 402 Madison Ct and 6860 Rosanna St Blighted Properties)
City of Gilroy
STAFF REPORT
Agenda Item Title: Approval of an Exception to the CalPERS 180-Day Waiting Period
for Work After Retirement for Bonnie Snyder (Retired Annuitant) to
Serve in an Extra Help Position in the 911 Communications Center
of the Police Department
Meeting Date: June 21, 2021
From: Jimmy Forbis, City Administrator
Department: Human Resources Department
Submitted By: LeeAnn McPhillips
Prepared By: LeeAnn McPhillips
Strategic Plan Goals
☐ Fiscal Stability
☐ Downtown
Revitalization
☐ Economic
Development
☐ Neighborhood Services
☐ Enhanced Public
Safety
Workforce Stability ☐ Public Engagement
RECOMMENDATION
Adopt a resolution of the City Council of the City of Gilroy approving the exception to the
CalPERS 180-day wait period and appointment of Bonnie Snyder (retired annuitant) to
an extra help position in the 911 Communications Center of the Gilroy Police
Department.
BACKGROUND
The Public Employees’ Pension Reform Act (PEPRA) made substantial changes to
public employee pension laws in California. One of those changes requires retired
annuitants to be separated from employment for at least 180 days before returning to
work for an employer that belongs to the same retirement system from which the retiree
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receives a pension. An exception can be made if the governing body adopts a
Resolution to waive the separation period. The waiver allows the employer to hire a
retired annuitant to perform work of limited duration to include special projects and
elimination of backlogged work.
Specifically, Government Code Section 21224 allows agencies to hire retirees to extra
help positions to perform work of limited duration to include work in excess of what
permanent employees can do. Government Code Section 7522.56 allows t he governing
body to adopt a 180-day exception resolution certifying the nature of the employment
and that the employment is necessary to fill a critically needed position before the 180
days has passed.
The City of Gilroy needs extra help staffing in the 911 Communications Center due to
new hires not meeting training standards, a retirement, and an employee being on
family leave. Extra help staffing will reduce the amount overtime others have to work to
keep shifts in the center covered. Retired annuitant Bonnie Snyder has the experience
and expertise to perform the essential work, having recently retired from this position.
Ms. Snyder retired from the City of Gilroy effective April 12, 2021 and began collecting a
pension from the California Public Employees’ Retirement System (CalPERS). She is
willing to return to temporary, at-will, limited duration work to assist the City of Gilroy.
Ms. Snyder will work no more than 960 hours in a fiscal year and the City will comply
with all aspects of the Government Code related to the employment of retired
annuitants. Having this extra help will also make it easier to cover the essential work of
the 911 Communications Center.
Ms. Snyder will be paid $48.37 per hour and will receive no other benefits or incentives.
ALTERNATIVES
The alternative would be not to approve the 180-day exception resolution and the City
would need to identify someone else to assist with the work or go without the extra help.
This alternative is not recommended.
FISCAL IMPACT/FUNDING SOURCE
The salary savings from the vacant positions will cover the cost of the extra help work
performed by Ms. Snyder. As such, there is no fiscal impact associated with this extra
help assignment and 180-day exception resolution request.
CONCLUSION
To ensure the essential staffing and work of the 911 Communications Center, it is
recommended that the City Council adopt the resolution allowing the 180 -day exception
to employ a CalPERS retired annuitant (Bonnie Snyder).
NEXT STEPS
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Upon Council approval, staff will provide the resolution to CalPERS and complete the
extra help hiring process so Ms. Snyder can begin work as soon as possible (July 1,
2021).
Attachments:
1. City Council Resolution Exception 180 Day Wait Period Bonnie Snyder Extra Help
911 Communications Center June 2021
10.D
Packet Pg. 123
RESOLUTION NO. 2021-XX
RESOLUTION NO. 2021-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING AN EXCEPTION TO THE CALPERS 180 DAY WAIT
PERIOD OF BONNIE SNYDER FOR EXTRA HELP 911
COMMUNICATIONS CENTER WORK
WHEREAS, in compliance with Government Code Section 7522.56, the City of Gilroy (“City”) must provide
the California Public Retirement System (“CalPERS”) this certification resolution when hiring a retiree before 180
days has passed since his or her retirement date; and
WHEREAS, Bonnie Snyder (“Snyder”) retired from the City in the position of Public Safety Communicator
effective April 12, 2021 and is beyond the normal retirement age; and
WHEREAS, Section 7522.56 requires that post-retirement employment commence no earlier than 180 days
after the retirement date of April 12, 2021 without this certification resolution; and
WHEREAS, Section 7522.56 provides that this exception to the 180 day wait period shall not apply if the
retiree accepts any type of retirement incentive ; and
WHEREAS, the City and Snyder certify that Snyder has not and will not receive a Golden Handshake or any
other retirement-related incentive; and
WHEREAS, the City Administrator hereby appoints Snyder as an extra help retired annuitant to perform 911
Communication Center duties for the City consistent with Government Code Section 21224 effecti ve July 1, 2021;
and
WHEREAS, no matters, issues, terms or conditions related to this extra help employment and appointment
have been or will be placed on a consent calendar ; and
WHEREAS, the employment shall be limited to no more than 960 hours p er fiscal year; and
WHEREAS, the compensation paid to retirees cannot be less than the minimum nor exceed the maximum
monthly base salary paid to other employees performing comparable duties divid ed by 173.33 to equal the hourly rate;
and
WHEREAS, the minimum base salary for the Public Safety Communicator position is $6,712.75 per month
and the hourly equivalent is $38.72, and the maximum base salary for this position is $8,383.33 and the hourly
equivalent is $48.37; and
WHEREAS, the hourly rate paid to Snyder will be $48.37; and
WHEREAS, Snyder has not and will not receive any other benefit, incentive compensation in lieu of benefits
or any other form of compensation in addition to this ho urly pay rate.
NOW, THEREFORE, the City Council of the City of Gilroy hereby finds, determines, and resolves as
follows:
1. The City Council has considered the full record before it, which may include but is not limited to such
things as the staff report, testimony by staff and the public, and other materials and evidence
10.D.a
Packet Pg. 124 Attachment: City Council Resolution Exception 180 Day Wait Period Bonnie Snyder Extra Help 911 Communications Center June 2021 (3366 :
RESOLUTION NO. 2021-XX
submitted or provided to it. Furthermore, the recitals set forth above are found to be true and correct
and are incorporated herein by reference.
2. The City Council hereby certifies the nature of the employment of Snyder as described herein and
finds that this appointment is necessary to complete specialized work (911 Communications Center
work) of limited duration in support of the Police Department, that Snyder has over thirteen years of
experience as a Public Safety Communicator (911 Dispatcher) to complete such work, and that such
extra help work is necessary to ensure continuity of the Police Department.
PASSED AND ADOPTED this 21st day of June, 2021 by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
APPROVED:
____________________________
Marie Blankley, Mayor
ATTEST:
_______________________________
LeeAnn McPhillips, Interim City Clerk
10.D.a
Packet Pg. 125 Attachment: City Council Resolution Exception 180 Day Wait Period Bonnie Snyder Extra Help 911 Communications Center June 2021 (3366 :
City of Gilroy
STAFF REPORT
Agenda Item Title: Discontinuance of Certain Concessions Previously Agreed to with
the Gilroy Firefighters, IAFF, Local 2805 Labor Group
Meeting Date: June 21, 2021
From: Jimmy Forbis, City Administrator
Department: Human Resources Department
Submitted By: LeeAnn McPhillips
Prepared By: LeeAnn McPhillips
Strategic Plan Goals
☐ Fiscal Stability
☐ Downtown
Revitalization
☐ Economic
Development
☐ Neighborhood Services
☐ Enhanced Public
Safety
Workforce Stability ☐ Public Engagement
RECOMMENDATION
Approve and authorize the City Administrator to execute an amendment to the
Memorandum of Understanding with Gilroy Firefighters, IAFF, Local 2805 which ends
certain agreed upon concessions effective July 1, 2021.
BACKGROUND
Since July 2020, IAFF, Local 2805 employees have realized certain concessions in their
labor contract. The concessions were implemented to achieve the payroll savings
needed to balance the city’s budget as a result of the Covid-19 concession and avoid
further layoffs.
ANALYSIS
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As a result of the replacement funding for local government agencies (American Rescue
Plan Act), a review of concessions previously agreed to by IAFF, Local 2805 was
completed. IAFF, Local 2805 agreed to concessions beyond a scheduled salary
increase to avoid staffing reductions in the fire department. While revenues have not yet
returned to pre-Covid levels to support reinstating the eliminated salary increase, some
smaller concessions contained in the MOU can end one year earlier than planned.
The following concessions were agreed to continue through June 30, 2022, but are now
recommended to be reinstated effective July 1, 2021:
• Performance based merit step increases for those employees not at top step;
employees can move to their next step on their scheduled evaluation date in FY
22.
• Uniform allowance of $91.67 per month per employee
• Physical exams will include all elements (mandatory and non-mandatory)
• Fitness incentive benefit of up to $750.00 biannually per employee
• Tuition reimbursement of up to $1,000.00 annually per employee
ALTERNATIVES
The alternative is to continue the above referenced concessions through the end of FY
22 as originally planned and as approved in the final Memorandum of Understanding.
This alternative is not recommended for the reasons noted above.
FISCAL IMPACT/FUNDING SOURCE
The replacement funding provided by the American Rescue Plan Act will be used to
restore the above referenced concessions beginning July 1, 2022. The FY 22 general
fund cost to reinstate the above referenced concessions is estimated to be
$175,500.00.
CONCLUSION
Staff recommends that the City Council approve ending certain IAFF, Local 2805
concessions effective July 1, 2021 and authorize the City Administrator to execute the
attached side letter with IAFF, Local 2805.
Attachments:
1. Local 2805 and City of Gilroy Side Letter to End Certain Concessions effective
7.1.21 final for packet
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CITY OF GILROY
AND
GILROY FIREFIGHTERS, IAFF, LOCAL 2805
June 14, 2021
SIDE LETTER AGREEMENT
The City of Gilroy (City) and the Gilroy Firefighters, IAFF, Local 2805 (Association) are parties to
an MOU with a term of July 1, 2020 through June 30, 2022. The parties are committed to
maintaining cooperative labor relations, including discussions over matters outside of the MOU,
now and in the future.
As a result of meeting and conferring, the parties have reached agreement on the following
terms, including modifications to the MOU as described below. All terms and conditions set forth
in the MOU, which are not specifically modified by this Side Letter, shall remain in full force and
effect.
As part of negotiations over the 2020-22 MOU, the parties negotiated the suspension of several
benefits during the term of the MOU. The following changes are intended to end these
suspensions and restore the suspended benefits effective July 1, 2021. No additional changes
are contemplated as part of this sideletter.
ARTICLE IV. SALARIES AND OTHER COMPENSATION
Section A: Salaries:
5. For the period from term of this MOU (July 1, 2020 – June 30,
20221) salary step advancement is suspended for all bargaining
unit employees. Employees not at top step will move to their
next step on their scheduled evaluation date in 20221-232.
ARTICLE VII. MISCELLANEOUS
Section A: Uniform Allowance:
b. Each employee will receive uniform allowance in the amount of
$91.67 per month. For the period of July 1, 2020 – June 30,
20221, uniform allowance payments werewill be suspended and no
uniform allowance will be paid during this period.
Section B: Physical Examinations:
1. The City will provide members of Local 2805 with a periodic
medical evaluation based on a mutually agreed upon frequency
(some will be annual, others will be less frequent)(see
attached protocol sheet for elements of the evaluation –
attached as Exhibit C) from a doctor at a medical facility that
DocuSign Envelope ID: EB703A1E-382F-4993-AC7B-CE653D96A361
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is selected by the City after input from Local 2805 is
considered. The City shall attempt to schedule evaluations
when the employee is on duty. If the City is unable to
schedule the evaluation when the employee is on duty, the
employee will be paid overtime (1.5 times the regular rate) for
completing the evaluation when off duty. The City shall work
with the medical facility to schedule medical evaluations
throughout the year with the goal of establishing an annual
schedule for the evaluations. For the period July 1, 2020 –
June 30, 20221 only the mandatory employee safety elements
(hearing evaluation, respiratory questionnaire, immunization
updates, etc.) of the physical evaluation process wereill be
completed.
Section C: Physical Fitness Program:
All points earned through the program will be paid as a financial
incentive at the rate of twenty-five dollars ($25.00) per point
to a maximum of seven hundred and fifty dollars ($750.00) bi-
annually. For the period July 1, 2020 – June 30, 20221 the
Fitness Program wasis suspended and no payments werewill be made
under this program. Fitness Program checks will be issued
separate from the regular payroll check following the Human
Resources Department’s receipt of the scoring report from the
approved fitness evaluator. Fitness testing completed in April of
each year is typically paid in May and the monthly amount (total
earned/6 months) will be reported to CalPERS for the months of
January – June of that fiscal year. Fitness testing completed in
October of each year is typically paid in November and the
monthly amount (total earned/6 months) will be reported to
CalPERS for the months of July – December of that fiscal year.
The Physical Fitness Program information is attached as Exhibit
E.
SECTION X: Tuition Reimbursement:
Local 2805 members attending accredited community colleges,
colleges, trade schools or universities may apply for
reimbursement of one hundred percent (100%) of the actual cost of
tuition, books, fees or other student expenses for pre-approved
job–related and career development courses. In addition,
employees attending city-approved, job related continuing
education courses, certification programs, or training
conferences may also receive tuition reimbursement for the cost
of registration, tuition, books, testing, and/or certifications
(including certification renewals). Course work shall be
completed on the employee’s own time at the employee’s own
expense though the department’s Educational Time Away Policy may
be applied. Upon successful completion of the pre-approved class
or training program, the employee shall provide all written
documentation on allowable costs and
DocuSign Envelope ID: EB703A1E-382F-4993-AC7B-CE653D96A361
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completion/grade/certification/score, etc. to the Fire Chief and
Human Resources Director for review and processing. The maximum
tuition reimbursement for employees is $1,000.00 per fiscal year,
however, for the period July 1, 2020 – June 30, 20221, the
tuition reimbursement program wasis suspended and no payments
shall be made under this program during this period.
Reimbursement is contingent upon the successful completion of the
course. Successful completion means a grade of "B" or better for
undergraduate and graduate courses, full attendance and
completion of the training program, and a passing score for non-
graded programs that involve certification or testing. All
claims for tuition reimbursement require the pre-approval of the
Fire Chief and the Human Resources Director. Reimbursement does
not carry over from fiscal year to fiscal year and if not used in
a given year the reimbursement for that year is no longer
available. Tuition Reimbursement Request Forms are available in
the Human Resources Department.
For Gilroy Firefighters, IAFF, Local 2005 (Association):
____________________________________________________
Steven Hayes, IAFF, Local 2805 President
____________________________________________________
Herb Lee, IAFF, Local 2805 Vice-President
____________________________________________________
Ken Martin, IAFF, Local 2805, Labor Advisor, Mastagni Law Firm
For the City of Gilroy:
______________________________________________
Jimmy Forbis, City Administrator
______________________________________________
LeeAnn McPhillips, Human Resources Director
DocuSign Envelope ID: EB703A1E-382F-4993-AC7B-CE653D96A361
6/16/2021
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Packet Pg. 130 Attachment: Local 2805 and City of Gilroy Side Letter to End Certain Concessions effective 7.1.21 final for packet (3341 : End Certain