HomeMy WebLinkAbout2021-05-03 City Council Regular Meeting Agenda Packet
April 28, 2021 7:16 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, MAY 3, 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 o n 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
ZOOM MEETING AND ENTER THE PASSCODE, OR
CALL THE PHONE NUMBER LISTED HERE AND
ENTER THE MEETING ID AND PASSWORD. When the
Mayor announces the item which you wish to speak
on, press *9 on your telephone keypad to raise your
hand. When called to speak, please limit your comments to three (3) minutes, or such other time
as the Mayor may decide, consistent with the time limit for all other speakers for the particular
agenda item.
COMMENTS MAY ALSO BE EMAILED TO THE CITY CLERKS OFFICE AT
cityclerk@cityofgilroy.org, OR MAILED TO THE GILROY CITY CLERKS OFFICE AT CITY HALL
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
Zoom Log In rb.gy/mtrtjg
or Call : 1 (669) 900-6833
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City Council Regular Meeting Agenda
05/3/2021 Page2 limited to raising only those issues you or someone else raised at the public hearing held at this
meeting, or in written correspondence delivered to the City Council at, or prior to, the public
hearing. Please take notice that the time within which to seek judicial review of any final
administrative determination reached at this meeting is governed by Section 1094.6 of the
California Code of Civil Procedure.
A Closed Session may be called during this meeting pursuant to Government Code Section
54956.9 (d)(2) if a point has been reached where, in the opinion of the legislative body of th e 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. Recognition of Retiring Communications 911 Operator Bonnie Snyder
2. Recognition of Retiring Police Officer Michael Bolton
3. Proclamation Naming the Month of May Building Safety Month
III. PRESENTATIONS TO THE COUNCIL
City Council Regular Meeting Agenda
05/3/2021 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.)
A. Youth Commission Annual Presentation to Council
City Council Regular Meeting Agenda
05/3/2021 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 Accessib ility
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
05/3/2021 Page5 A. Minutes of the April 19, 2021 Regu lar Meeting
B. Opening of a Recruitment Period for Four (4) Seats on the Youth
Commission With Terms Ending September 30, 2023
C. Transfer of Interest Income From the Museum Vase Endowment Trust to
the Gilroy Museum Fund
D. Claim of Liliana Quintanilla (The City Administrator recommends a “yes”
vote under the Consent Calendar shall constitute the denial of the claim)
VII. BIDS AND PROPOSALS
VIII. PUBLIC HEARINGS
A. Approval of the Community Development Block Grant and Housing Trust
Fund Public Service Grant Allocations and Community Development Block
Grant Annual Action Plan for Fiscal Year 2021 -2022
1. Staff Report: Maria De Leon, Program Administrator
2. Disclosure of Ex-Parte Communications
3. Open Public Hearing
4. Close Public Hearing
5. Possible Action:
Conduct a public hearing and solicit comments on the draft 2021-2022 Annual
Action Plan.
Approve the Community Development Block Grant (CDBG) and Housing Trust
Fund (HTF) public service grant allocations for Fiscal Year 2021-2022.
B. Consideration of Amendments to the 2019-2020 Annual Action Plan for
Funding Received Under the Coronavirus Aid, Relief, and Economic
Security (CARES) Act (CV-3 Part A) Related to the COVID-19 Pandemic in
the Amount of $422,085
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:
Approve an amendment to the Fiscal Year 2019-2020 CDBG Annual Action Plan
for supplemental funding established by the CARES Act to provide rental
assistance, support to small business affected by the COVID-19 pandemic and
meals for seniors.
IX. UNFINISHED BUSINESS
A. Interim Objective Design Standards
City Council Regular Meeting Agenda
05/3/2021 Page6 1. Staff Report: Karen Garner, Community Development Director
2. Public Comment
3. Possible Action:
Review draft Interim Objective Design Standards and provide feedback to City
staff.
B. Council Unhoused Ad Hoc Committee Update
1. Staff Report: Jimmy Forbis, City Administrator
2. Public Comment
3. Possible Action:
Receive Report
X. INTRODUCTION OF NEW BUSINESS
A. Resolution Proclaiming the Month of June 2021 as LGBTQ Pride Month
1. Staff Report: Jimmy Forbis, City Administrator
2. Public Comment
3. Possible Action:
1) Adopt a resolution proclaiming the month of June 2021 as LGBTQ Pride
month; and
2) Direct staff to fly the LGBTQ Pride flag at the City's Civic Center during the
month of June; and
3) Direct staff to return to the May 17, 2021 City Council meeting with a
recommended flag raising policy for Council to consider.
B. Authorization for the City Administrator to Execute the Countywide AB 939
Fee Agreement and the Countywide Household Hazardous Waste (HHW)
Collection Agreement.
1. Staff Report: Jimmy Forbis, City Administrator
2. Public Comment
3. Possible Action:
Receive report and provide authorization for the City Administrator to execute the
Countywide AB 939 Fee Agreement and the Countywide Household Hazardous
Waste (HHW) Collection Agreement.
C. Adoption of a Resolution to Extend Temporary Suspension of Enforcement
of Sections of the Gilroy City Code to Implement a Business Stim ulus
Package to Support and Assist Businesses Affected by COVID -19
City Council Regular Meeting Agenda
05/3/2021 Page7 1. Staff Report: Karen Garner, Community Development Director
2. Public Comment
3. Possible Action:
Adopt a resolution of the City Council of the City of Gilroy to extend the
temporary suspension of the enforcement of certain sections of the Gilroy City
Code in an effort to support businesses and development activity and aid in the
economic recovery of the City resulting from the impacts of COVID -19.
XI. CITY ADMINISTRATOR'S REPORTS
XII. CITY ATTORNEY'S REPORTS
XIII. CLOSED SESSION
A. CONFERENCE WITH LABOR NEGOTIATORS - COLLECTIVE BARGAINING
UNITS Pursuant to GC Section 54957.6 and GCC Section 17A.11 (4);
Collective Bargaining Units: AFSCME Local 101 Representing Employees
Affiliated with AFSCME, Local 101; City Negotiators: Jimmy Forbis, City
Administrator, LeeAnn McPhillips, HR Director; Anticipated Issues(s) Under
Negotiation: Wages, Hours, Benefits, Working Conditions; Memorandums
of Understanding: City of Gilroy and AFSCME Local 101 Represent ing
Employees Affiliated with AFSCME, Local 101.
ADJOURNMENT
MEETING DATES
MAY 2021
17* Regular Meeting - 6:00 p.m.
JUNE 2021
7* Regular Meeting - 6:00 p.m.
21* Regular Meeting - 6:00 p.m.
JULY 2021
1* Regular Meeting - 6:00 p.m.
* meeting is webstreamed and televised
Proclamation
Building Safety Month — May, 2021
WHEREAS, the City of Gilroy is committed to recognizing that our growth and strength
depends on the safety and economic value of the homes, buildings and infrastructure that serve
our citizens, both in everyday life and in times of natural disasters; and
WHEREAS, our confidence in the structural integrity of these buildings that make up our
community is achieved through the devotion of vigilant guardians - building safety and fire
prevention officials, architects, engineers, builders, trades people, design professionals, laborers,
plumbers and others in the construction industry - who work year-round to ensure the safe
construction of buildings; and
WHEREAS these guardians are dedicated members of the International Code Council, a
nonprofit that brings together local, state and federal officials that are experts in the built
environment to create and implement the highest-quality codes to protect us in the buildings
where we live, learn, work, play, and;
WHEREAS, these modern building codes include safeguards to protect the public from natural
disasters such as wildland fires, floods and earthquakes and;
WHEREAS, Building Safety Month is sponsored by the International Code Council to remind
the public about the critical role these mostly unknown protectors of public safety- our local code
officials – who assure us of safe, sustainable, and energy efficient habitable buildings that are
essential to America’s prosperity; and
WHEREAS, “Prevent, Prepare and Protect. Building Codes Save” the theme for Building Safety
Month 2021 encourages all Americans to raise awareness of the importance of safe and resilient
construction; fire prevention; disaster mitigation, energy conservation; water safety; and the
training of the next generation;
WHEREAS, each year, in observance of Building Safety Month, Americans are asked to
consider the commitments to improve building safety and economic investment at home and in
the community, and to acknowledge the essential service provided to all of us by local and state
building departments, fire prevention bureaus and federal agencies in protecting lives and
property.
NOW, THERFORE, I MARIE BLANKLEY, MAYOR OF THE CITY OF GILROY,
CALIFORNIA do hereby proclaim the month of May 2021 as BUILDING SAFETY MONTH
and encourage citizens to join with their communities in participation of Building Safety Month
Activities.
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Packet Pg. 8 Communication: Proclamation Naming the Month of May Building Safety Month (Proclamations, Awards, and Presentations)
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City Council Meeting Minutes
04/19/2021
City of Gilroy
City Council Meeting Minutes
April 19, 2021
I. OPENING
A. Call to Order
The meeting was called to order at 6:00 PM by Mayor Marie Blankley
1. Pledge of Allegiance
Council Member Armendariz led the pledge of allegiance.
2. Invocation
There was no invocation.
3. City Clerk's Report on Posting the Agenda
Deputy City Clerk Guzzetta reported the agenda was posted on Wednesday,
April 14, 2021 at 12:45 p.m.
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
B. Orders of the Day
Mayor Blankley announced that the Council was participating remotely under the
Governor's order and she then provided details on the process of public
participation.
C. Employee Introductions
City Administrator Forbis introduced newly hired Public Works Director Daryl
Jordan.
Administrative Services Director McPhillips introduced newly hired Equipment
Mechanic Miguel Ramos.
II. CEREMONIAL ITEMS
A. Proclamations, Awards, and Presentations
1. Recognition of Retiring City Clerk Shawna Freels
Mayor Blankley recognized Retiring City Clerk Shawna Freels.
III. PRESENTATIONS TO THE COUNCIL
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City Council Meeting Minutes
04/19/2021
A. Update from the Council Ad Hoc Committee on Homelessness
Council Members Marques and Bracco presented the update.
Sarah thanked the City Council for their work and asked them to focus their
attention near Uvas Park and Laurel Drive due to the levels of homeless activity
in the neighborhood.
Phil Couchee, General Manager of Recology, indicated they were happy to
partner with the city in cleanup efforts.
Jan Bernstein Chargin said she was glad to see a recommendation for City staff
to take over, and asked there be published agendas and minutes for the Ad Hoc
committee.
Morris Michael questioned the numbers of mentally ill, drug addicted and families
among the Gilroy homeless population.
Abe Barrera shared thoughts on safe parking.
Gretchen Yoder-Shrock thanked the Council for their consideration of this item
and shared their concern with the role of police increasing in relation to the Gilroy
homeless population.
Jan Guffey noted they did not agree with uniformed police office in dealing with
unhoused peoples.
Rebecca Garcia said that the City will need to commit budget to dealing with
homelessness.
Adriana Leongardt voiced support of trained individuals in assisting with the
homeless.
Vanessa Ashford thanked the committee for their work and advocated for
providing treatment, support, and services to the unhoused.
Diana Jauregui advocated for policies to protect the unhoused.
Freda Kogan indicated that the city needs better oversight for how monies are
being spent.
IV. REPORTS OF COUNCIL MEMBERS
Council Member Bracco announced that the library opened back up for browsing
Monday through Saturday from 1 p.m. to 6 p.m.
Council Member Armendariz recognized that April is Sexual Assault Awa reness
Months and noted that Community Solutions has programs for awareness and
intervention.
Council Member Marques welcomed new businesses to Downtown: Rosie's
Posies, Caldwell's, and Michelle's Vintage Clothing.
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Packet Pg. 10 Communication: Minutes of the April 19, 2021 Regular Meeting (CONSENT CALENDAR (ROLL CALL VOTE))
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City Council Meeting Minutes
04/19/2021
Council Member Hilton noted that the Visit Gilroy Board approved a 2021 Visit
Gilroy Strategic Marketing Plan and are participating in marketing campaigns to
drive tourism, and Silicon Valley Clean Energy entered a contract for solar
storage.
Council Member Tovar acknowledged Dennis Castro from Code Enforcement for
his work with a new business coming into town, and encouraged all City
residents to patronize local shops and businesses.
Council Member Leroe-Munoz announced that the Santa Clara Valley Water
District Board met on April 14th for review and comment on next year's
groundwater production charges.
Council Member Blankley reported that Assemblymember Mark Berman is
proposing a change in VTA's governance.
V. FUTURE COUNCIL INITIATED AGENDA ITEMS
VI. CONSENT CALENDAR (ROLL CALL VOTE)
There was no public comment.
RESULT: APPROVE [UNANIMOUS]
MOVER: Dion Bracco, Council Member
SECONDER: Peter Leroe-Muñoz, Council Member
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques,
Tovar
A. Minutes of the April 5, 2021 Regular Meeting
B. Opening of a Recruitment Period for One Vacancy on the Parks &
Recreation Commission With a Term Ending December 31, 2022
C. Acceptance of the City Fiscal Year 2019 -20 Federal Single Audit for the
Period of July 1, 2019 to June 30, 2020 and the Quarterly Investment Report
as of December 31, 2020
D. Approval of the Gilroy Tourism Business Improvement District (GTBID)
Annual Report as Submitted by Visit Gilroy/California Welcome Center
Gilroy for the Period of July 1, 2019 Through June 30, 2020
VII. BIDS AND PROPOSALS
A. Approval of an Agreement in the Amount of $1,050,000 with HouseKeys,
Inc. to Administer the City's Below Market Rate Housing Programs from
May 1, 2021 to June 30, 2024, with Two, One -Year Extensions Possible (21-
RFP-CDD-457)
Program Administrator DeLeon presented the report.
There was no public comment.
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City Council Meeting Minutes
04/19/2021
Possible Action:
a) Approve a budget amendment in the amount of $70,000 in the Housing
Trust Fund for the Fiscal Year 2021 services of this agreement.
RESULT: APPROVE [UNANIMOUS]
MOVER: Peter Leroe-Muñoz, Council Member
SECONDER: Fred Tovar, Council Member
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques,
Tovar
b) Approve an agreement in the amount of $1,050,000 with HouseKeys, Inc.
to administer the below market rate housing programs from May 1, 2021
to June 30, 2024, with two, one-year extensions possible, and authorize
the City Administrator to execute the agreement and related documents.
RESULT: APPROVE [UNANIMOUS]
MOVER: Peter Leroe-Muñoz, Council Member
SECONDER: Zach Hilton, Council Member
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques,
Tovar
B. Award a Contract in an Amount of up to $143,467.42 to Access
Communications, Inc. for the City Council Chambers Audiovisual
Modernization Project
Administrative Services Director Phillips presented the report.
There was no public comment.
Possible Action:
Award a contract in an amount of up to $143,467.42 to Access
Communications, Inc. for the City Council Chambers Audiovisual
Modernization Project, and authorize the City Administrator to execute the
contract and related documents.
RESULT: APPROVE [UNANIMOUS]
MOVER: Zach Hilton, Council Member
SECONDER: Fred Tovar, Council Member
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques,
Tovar
VIII. PUBLIC HEARINGS - NONE
IX. UNFINISHED BUSINESS
A. Approval of the Eigleberry and Seventh Street Parking Lot Alternative Two
City Engineer Heap presented the report.
There was no public comment.
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City Council Meeting Minutes
04/19/2021
Possible Action:
Approve Alternative 2 for the design of the Eigleberry and Seventh Street
parking lot, without the inclusion of the pedestrian plaza.
RESULT: APPROVE [6 TO 1]
MOVER: Dion Bracco, Council Member
SECONDER: Rebeca Armendariz, Council Member
AYES: Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques, Tovar
NAYS: Marie Blankley
B. Standing Report on Operational Impacts and Other City Efforts Related to
the COVID-19 Pandemic
Fire Chief Wyatt presented the report.
There was no public comment.
Possible Action:
Receive report.
X. INTRODUCTION OF NEW BUSINESS
A. Consideration of an Extension of the Solid Waste Franchise Agreement
with Recology South Valley
City Administrator Forbis presented the report.
There was no public comment.
Possible Action:
Receive report and provide direction to staff concernin g the negotiating of
a franchise agreement extension with Recology South Valley
RESULT: APPROVE [UNANIMOUS]
MOVER: Zach Hilton, Council Member
SECONDER: Fred Tovar, Council Member
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques,
Tovar
B. Council Initiated Request for Information on Slow Streets Program
City Engineer Heap presented the report.
There was no public comment.
Possible Action:
Receive report and provide direction to staff.
C. Appointment of LeeAnn McPhillips as the Interim G ilroy City Clerk
City Administrator Forbis presented the report.
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City Council Meeting Minutes
04/19/2021
Possible Action:
Appoint LeeAnn McPhillips as Interim Gilroy City Clerk.
RESULT: APPROVE [UNANIMOUS]
MOVER: Fred Tovar, Council Member
SECONDER: Dion Bracco, Council Member
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques,
Tovar
XI. CITY ADMINISTRATOR'S REPORTS
City Administrator Forbis acknowledged Engineer Sara Soto for obtaining the
grant for the City Hall Backup Generator, announced that the Gilroy Student
Access Program is starting Thursday at San Ysidro Park, and highlighted that
Gilroy received the Northern California American Planning Association 2021
Award of Merit for Comprehensive Plan - Small Jurisdiction for General Plan
Update.
XII. CITY ATTORNEY'S REPORTS
No Report.
XIII. CLOSED SESSION - NONE
ADJOURNMENT
Mayor Blankley adjourned the meeting at 9:43 p.m.
/s/ Shawna Freels, MMC
City Clerk
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City of Gilroy
STAFF REPORT
Agenda Item Title: Opening of a Recruitment Period for Four (4) Seats on the Youth
Commission With Terms Ending September 30, 2023
Meeting Date: May 3, 2021
From: Jimmy Forbis, City Administrator
Department: Administration
Submitted By: Jimmy Forbis
Prepared By: Shawna Freels
Adam Henig
Strategic Plan Goals
☐ Fiscal Stability
☐ Downtown
Revitalization
☐ Economic
Development
☐ Neighborhood Services
☐ Enhanced Public
Safety
☐ Workforce Stability Public Engagement
RECOMMENDATION
Open recruitment for four (4) seats on the Youth Commission with terms ending
September 30, 2023.
BACKGROUND
This September, four (4) 2-year term seats will become vacant on the Youth
Commission. Since the Commission does not meet during the summer, the City
traditionally opens the recruitment period from the end of the school year until the
beginning of the next school year to solicit a sufficient number of applications. Youth
ages 12-18 who reside within the jurisdictional boundaries of the Gilroy Unified School
District are eligible to apply.
Youth Commissioners provide the City Council and City staff with input regarding local
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youth and teen issues and work with City leaders to develop policies, create events and
special programs that positively influence the youth and other members of the Gilroy
community. The eleven (11) member Commission regularly meets on the second
Monday of each month at 6:00 p.m. Members also participate in special events and on
subcommittees.
CONCLUSION
Staff recommends that Council authorize the opening of a recruitment period through
August 31st and interview applicants at the September 13th Council meeting to fill these
pending vacancies.
PUBLIC OUTREACH
The included flyer will be sent to all media outlets and will be published on the City
website, through social media and on cable channel 17 and through local neighborhood
group outlets. The Gilroy Unified School District Public Information Office will assist in
distributing the flyer to each junior high and high school throughout the District and the
seated Youth Commissioners will also assist in dissemination of the recruitment flyer
through their interactions with peers throughout the community.
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City of Gilroy
STAFF REPORT
Agenda Item Title: Transfer of Interest Income From the Museum Vase Endowment
Trust to the Gilroy Museum Fund
Meeting Date: May 3, 2021
From: Jimmy Forbis, City Administrator
Department: Administration
Submitted By: Jimmy Forbis
Prepared By: Jimmy Forbis
Strategic Plan Goals
☐ Fiscal Stability
☐ Downtown
Revitalization
☐ Economic
Development
☐ Neighborhood Services
☐ Enhanced Public
Safety
☐ Workforce Stability ☐ Public Engagement
RECOMMENDATION
Approval of the transfer of $880.83 from the Museum Vase Endowment Trust Fund
(814) to the Gilroy Museum Fund (801).
BACKGROUND
On September 5, 2007, the Gilroy Historical Society and the City of Gilroy entered into
an Endowment Trust Agreement, for the purpose of establishing an Endowment Trust
account for the Gilroy Museum. The Kaiser Wilhelm vase was deaccessioned from the
Museum collection and sold at auction on February 11, 2009 , for $37,500. Funds from
the sale of the vase were deposited in the Endowment Trust account (814-2400-0499-
3710).
Per the Trust Agreement, interest income generated from the funds may be transferred
annually for use by the Gilroy Museum. Currently the Gilroy Museum has an
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established 801 account (801-2402-D149-3899), which has been designated to receive
the funds. The agreement also states that if a letter is received from the Gilroy
Historical Society making this request, the interest from the Trust will be transferred to
the Museum’s 801 account.
On April 13, 2020 at the regular meeting of the Arts and Culture Commission, the Gilroy
Historical Society presented a letter requesting the annual interest income be
transferred to the Museum’s 801 account.
The Arts and Culture Commission approved a motion recommending that the annual
interest income from the Endowment Trust totaling $880.93 be transferred to the
Museum’s 801 account.
ALTERNATIVES
Council could deny the transfer request, however this is not recommended as the
transfer of funds is consistent with the terms and c onditions of the trust agreement.
FISCAL IMPACT/FUNDING SOURCE
This transaction has no impact on the City’s finances.
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City of Gilroy
STAFF REPORT
Agenda Item Title: Claim of Liliana Quintanilla (The City Administrator recommends a
“yes” vote under the Consent Calendar shall constitute the denial of
the claim)
Meeting Date: May 3, 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
Based on the recommendation from Municipal Pooling Authority (MPA) and/or legal
counsel, this claim is recommended for rejection.
EXECUTIVE SUMMARY
Based on the recommendation from Municipal Pooling Authority (MPA) and/or legal
counsel, the following claim is submitted to the City Council for rejection at the May 3,
2021 meeting:
• Claim of Liliana Quintanilla
Attachments:
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1. Claim of Liliana Quintanilla
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6.D.a
Packet Pg. 21 Attachment: Claim of Liliana Quintanilla (3286 : Claim of Liliana Quintanilla)
6.D.a
Packet Pg. 22 Attachment: Claim of Liliana Quintanilla (3286 : Claim of Liliana Quintanilla)
City of Gilroy
STAFF REPORT
Agenda Item Title: Approval of the Community Development Block Grant and Housing
Trust Fund Public Service Grant Allocations and Community
Development Block Grant Annual Action Plan for Fiscal Year 2021 -
2022
Meeting Date: May 3, 2021
From: Jimmy Forbis, City Administrator
Department: Administration
Submitted By: Jimmy Forbis
Prepared By: Maria De Leon
Maria De Leon
Strategic Plan Goals
☐ Fiscal Stability
☐ Downtown
Revitalization
☐ Economic
Development
Neighborhood Services
☐ Enhanced Public
Safety
☐ Workforce Stability ☐ Public Engagement
RECOMMENDATION
a) Conduct a public hearing and solicit comments on the draft 2021-2022 Annual
Action Plan.
b) Approve the Community Development Block Grant (CDBG) and Housing Trust
Fund (HTF) public service grant allocations for Fiscal Year 2021-2022.
EXECUTIVE SUMMARY
Each year, to be eligible to receive Community Development Block Grant (CDBG) funds
from the federal Department of Housing and Urban Development (HUD), several
requirements must be met. This includes holding a minimum of two public hearings for
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the funding cycle, having a Five-Year Consolidated Plan, and submitting an Annual
Action Plan that identifies the specific activities the City will undertake during the
Program Year that support the goals of the Consolidated Plan.
As part of this process, the City of Gilroy elects to include the use of Housing Trust
Fund (HTF) dollars in its Annual Action Plan and utilize the Housing and Neighborhood
Revitalization Committee (HNRC) to make funding recommendations for the portion of
the CDBG and HTF funds set aside for Public Services and Housing Rehabilitation.
For Program Year 2021-2022, the City will receive $439,371 in CDBG Funding. This
funding will be used to support a variety of programs and projects including funding for
Public Services in the form of grants to local nonprofits, housing rehabilitation and other
projects that meet CDBG criteria. As in previous years, the City has allocated up to an
additional $168,000 in HTF funding to support grants to local nonprofits. Although a
separate, city-controlled funding source, and not subject to HUD requirements, the
process and timing of awarding HTF funding is blended with CDBG grant funding.
Staff requests that City Council consider any comments received through the Public
Hearing regarding the 2021-2022 Annual Action Plan and approve the following;
• Recommendations by the Housing and Neighborhood Revitalization Committee
(HNRC), for Community Development Block Grant (CDBG) and Housing Trust
Fund (HTF) funding as follows;
o Public Services Grants in the amount of $195,440
o Housing Rehabilitation Program in the amount of $140,000
• The 2021-2022 Annual Action Plan detailing the use of funding for the various
eligible uses. In addition to the Public Service Grants and Housing Rehabilitation
Program above, the plan includes CDBG funding for the following;
o $38,452 for the Gilroy Youth Center programs
o $75,000 for hot water recirculation system repair and fire alarm system
equipment replacement at Cherry Blossom Apartments
o $70,592 for design work and environmental for Pedestrian Crossing
Safety Improvements near Monterey Gateway Senior Apartments (CIP
Project EN2154)
o $87,874 for program administration
The above projects represent a total investment of $607,358 into the Gilroy community.
On April 2, 2021, a draft of the Annual Action Plan was made available on the City’s
website for a 30-day public review period. Comments on the draft p lan were to be
received by May 2.
BACKGROUND
This year’s funding cycle included the following steps and actions;
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January 1 Released Notice of Funding of Availability (NOFA) for 21/22 CDBG &
HTF Funds
January 7 Public Hearing – Review of NOFA and application process for
organizations interested in Public Services and Housing Rehab grants
January 13 HNRC orientation regarding funding programs and application process.
February 22 Grant proposals due to City of Gilroy
February 17
& 26
HNRC Meeting - grant applicant presentations
March 3 HNRC Evaluations and funding recommendations submitted to City Staff
(staff develops summary based on results)
March 10 HNRC Recommendation Meeting / Approval
April 2 to
May 2
Public comment period on Draft 2021-22 Annual Action Plan (30 days)
May 3 Public Hearing before the City Council on the Dra ft 2021-22 Annual
Action Plan
May 15 Deadline to submit 2021-22 Annual Action Plan to HUD
COMMUNITY DEVELOPMENT BLOCK (CDBG) GRANTS
The use of CDBG entitlement funds may be used for a wide array of act ivities that meet
at least one of the National Objectives:
• Benefit to low and moderate income persons
• Aid in the prevention of slums or blight
• Urgent need
Eligible activities include, but are not limited to;
• Public Services such as meal delivery, health care, youth, senior and homeless
services, fair housing services
• Housing rehabilitation
• Public infrastructure or improvements
• Economic Development including loans and grants to businesses
• Removal of architectural barriers to the elderly and disabled
Annual CDBG allocations are limited as follows;
• 15% maximum for Public Services
• 20% administrative costs
• Remainder may be used for any other CDBG eligible projects and programs
For Program Year 2021-2022, the City will receive $439,371 in CDBG Funding.
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HOUSING TRUST FUND (HTF)
In addition to the annual CDBG allocation, the City also made available up to $168,000
from its local Housing Trust Fund (HTF). The HTF funds are for services that are
primarily related to housing and homelessness. The HTF was established by the City of
Gilroy in 1997 to create a funding source to assist in the local development of affordable
housing. Funding of the HTF comes primarily from the repayment of promissory notes
secured by the trust deeds recorded on property titles and equity share payments from
sale, or resale, of Below Market Rate (BMR) properties in Gilroy.
CONSOLIDATED PLAN & ANNUAL ACTION PLAN (AAP)
To receive federal funds, the City must submit a strategic plan, the Consolidated Plan,
every five years to HUD. Additionally, an Annual Action Plan must be submitted each
year detailing the use of funding for the various eligible uses. On July 1, 2020, City
Council approved the 2020-2025 Consolidated Action plan with the following goals:
• Preserve Affordable Housing for Home Ownership
• Small Business Expansion
• Supportive Services for Homeless
• Fair Housing Support
• Install Safety & Enhanced Public Improvements
• Workforce Development
• Supportive Services for Special Needs Populations
• Neighborhood Revitalization
Staff is now seeking approval of the 2021-2022 Annual Action Plan, which supports the
Consolidated Plan goals.
ANALYSIS
For the 2021-2022 Funding Cycle, several steps, as noted above, have been completed
to date including HUD requirements. The next step is a public hearin g to receive any
comments on the draft Annual Action Plan, consideration of the funding
recommendations by the HNRC and approval of the Annual Action Plan.
The 2021-2022 Annual Action Plan marks the 2nd year of the five -year Consolidated
Plan period, which runs from 2020-2025. The Annual Action Plan describes to the public
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and HUD how the City will specifically utilize CDBG monies in the coming program year
(July 1, 2021 - June 30, 2022) and references HTF funding as well.
The HNRC evaluated and ranked Public Service and Housing Rehabilitation grant
applications received through a Request for Proposals process as noted in the timeline
above. Requests for funding exceeded the amount available, so the HNRC had the
challenging job of evaluating each proposal, selecting those to be funded and
determining the amount of funding. Funding recommendations below also include staff
recommendations for public infrastructure and improvement projects.
Agency Project Funding
Amount Funding Source
Live Oak Adult Day Services Adult Day Care: Gilroy Center $8,560 CDBG Public Service
Bay Area Community Health Community Outreach and
Navigation: PrEP $10,250 CDBG Public Service
The Health Trust Meals on Wheels $8,643
CDBG Public Service ($13,347
will also be given to this program
with HTF funds for a total
allocation of $21,990)
City of Gilroy Recreation
Department Gilroy Youth Center $38,452 CDBG Public Service
South County Compassion
Center
Day Center and Outreach for the
Homeless $45,660 Housing Trust Fund
St. Joseph’s Family Center Gilroy Street Team $23,780 Housing Trust Fund
St. Joseph’s Family Center Homeless Prevention Services $54,650 Housing Trust Fund
Project Sentinel Landlord/Tenant Counseling and
Dispute Resolution $15,960 Housing Trust Fund
The Health Trust Meals on Wheels $13,347
Housing Trust Fund ($8,643 will
also be given to this program with
CDBG Public Service funds for a
total allocation of $21,990)
Project Sentinel Project Sentinel Fair Housing $14,590 Housing Trust Fund
Rebuilding Together Silicon
Valley
Rebuilding Home Repair,
Rehabilitation and Accessibility
Modification Program
$140,000 CDBG Non-Public Service
City of Gilroy Facilities Division
Hot Water Recirculation System
& Fire Alarm System Equipment
Replacement Repair at Cherry
Blossom Apartments
$75,000 CDBG Non-Public Service
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City of Gilroy Public Works
Department
Design & environmental for
Pedestrian Crossing Safety
Improvements near Monterey
Gateway Senior Apartments (CIP
Project EN2154)
$70,592 CDBG Non-Public Service
Program Administration
20% of grant allocation will be
used to pay for staff time and
consultant time related to the
overall management and
oversight of the CDBG Program
$87,874 CDBG Administration
TOTAL CDBG Funds $439,371
TOTAL HTF Funds $167,987
TOTAL ALL FUNDS $607,358
This year’s request will cover a one year funding cycle rather than a two -year funding
cycle as has been done in the past. City staff plan to evaluate the current CDBG and
HTF funding process as well as an analysis of the HTF funds and will be presenting
findings to the Council this summer for consideration. At that time, if there are any
changes to the process, those can be incorporat ed into the next funding cycle.
ENVIRONMENTAL ASSESSMENT
All projects that receive Block Grant funding will undergo the appropriate environmental
assessment prior to the release of funds.
ALTERNATIVES
The City Council may elect not to approve the funding recommendations and instead to
allocate the funds as it deems appropriat e. This action is not recommended.
FISCAL IMPACT/FUNDING SOURCE
CDBG funds are allocated by HUD on an annual basis. The City also contributes up to
$168,000 from the Housing Trust Fund to grant funded services. The CDBG and HTF
funding recommendations will be reflected in the upcoming FY 2021-2022 budget.
CDBG Fund 254 will include revenue and expenditures of $439,371 and HTF Fund 259
will include $167,987 in expenditures. Sufficient funds are available in the HTF for the
recommended awards.
PUBLIC OUTREACH
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Public Outreach for the funding cycle was in alignment with the Citizen Participation
Plan as detailed in Section AP-12 (page 19) of the Annual Action Plan. This item
includes a public hearing to receive comments on the Annual Action Plan which was
posted for review on the City’s website on April 3.
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City of Gilroy
STAFF REPORT
Agenda Item Title: Consideration of Amendments to the 2019-2020 Annual Action
Plan for Funding Received Under the Coronavirus Aid, Relief, and
Economic Security (CARES) Act (CV-3 Part A) Related to the
COVID-19 Pandemic in the Amount of $422,085
Meeting Date: May 3, 2021
From: Jimmy Forbis, City Administrator
Department: Administration
Submitted By: Jimmy Forbis
Prepared By: Karen Garner
Maria De Leon
Strategic Plan Goals
Fiscal Stability
☐ Downtown
Revitalization
Economic
Development
Neighborhood Services
☐ Enhanced Public
Safety
☐ Workforce Stability ☐ Public Engagement
RECOMMENDATION
Approve an amendment to the Fiscal Year 2019-2020 CDBG Annual Action Plan for
supplemental funding established by the CARES Act to provide rental assistance,
support to small business affected by the COVID-19 pandemic and meals for seniors.
EXECUTIVE SUMMARY
As part of the Coronavirus Aid, Relief, and Economic Security (CARES) Act, Gilroy will
receive $422,085 in additional Community Development Block Grant (CDBG) funds
classified as CDBG-CV3 Part A. The CARES Act allows the use of CDBG program
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funds to support immediate and much needed assistance to low-income community
members impacted by the COVID-19 pandemic.
Distribution of CARES Act funding requires an amendment to the FY 2019-2020 Annual
Action Plan. The amended action plan will identify proposed reallocations and identify
the projects to be funded.
BACKGROUND
The CARES Act requires HUD to allocate $2 billion directly to states or local
governments, prioritizing communities with high risk of transmission of coronavirus,
number of coronavirus cases compared to the national average, and economic and
housing market disruptions resulting from coronavi rus.
On April 2020, City Council directed staff to focus recommendations of the first round of
CARES Act funding on rental assistance and support for small businesses. The Council
recognized the need for rental assistance, as many Gilroy residents have l ost or
reduced income during this pandemic. Council also emphasized the importance to
provide resources and assistance for Gilroy’s small businesses to stay open or re-open
as soon as possible to prevent the loss of jobs.
At that time, Council approved City staff’s recommendation of $150,000 for rental
assistance and $469,715 to aid small businesses in the form of grants, designating a
total of $619,715 in CDBG CARES Act community support. To date, a total of $598,715
has been spent. In addition to the $619,715 allocated towards these programs, the City
of Gilroy will receive an additional $422,085 of CDBG - CV3 Part A funds.
ANALYSIS
The additional CDBG – CV3 Part A funds were part of a HUD relief package to provide
much needed support for communities due to this long-standing pandemic. The CARES
Act funds must be dispersed in a manner to directly aid the community to prevent,
prepare for and/or respond to the COVID -19 pandemic, following strict grant guidelines.
To ensure these funds fulfill City Council support to local families, economic
development and vulnerable populations, City staff is recommending the $422 ,085 in
CARES Act funds to be allocated to rent relief, economic development and food
distribution efforts for homebound seniors .
Rent Relief
Rent relief would be provided to persons and households directly affected by the
COVID-19 pandemic due to the loss of employment or reduction of work hours .
Implementation of the rental assistance component would adhere to the current process
utilized by the St. Joseph’s Family Center. St. Joseph’s Family Center was successful in
the distribution of the first round of CARES Act monies for rent relief. The previously
designated $150,000 was utilized within a few months of announcement. Towards the
end of the program in February 2021, the agency had a wait list of families needing
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rental assistance. The allocation of an additional $137,309 would benefit families on the
brink of homelessness. The City of Gilroy had a positive and effective experience
working with the St. Joseph’s Family Center on the distribution of the first round of
CARES Act funds. With the process already in place, it would be seamless to continue
working with St. Joseph’s and supplement this existing needed service under CDBG -
CV3 Part A funds.
Economic Development/Business Support
The economic impact of the pandemic has greatly affected small business. Examples of
impacts include mass lay-offs, business closures and uncertainty in reopening due to
health and safety guidelines, an inability to adjust to embrace e-commerce, and the
safety of customers as well as the employees of these businesses. With small business
being financially fragile, staff recommends the continuance of the small business grant
program with the Gilroy Chamber of Commer ce.
The Gilroy Chamber of Commerce was successful in the distribution of the first round of
the CARES Act monies for small business grants. The previously designated $125,000
was utilized within two months of announcement. In March 2021, the agency had a wait
list of businesses applying for small business grants. The allocation of an additional
$100,000 would go to those small businesses on the waiting list anticipating much
needed support for their business operations to avoid the loss of local jobs. City staff
had a positive and effective experience working with the Gilroy Chamber of Commerce
on the distribution of the first round of CARES Act funds. With the process already in
place, it would be seamless to continue working with the Gilroy Chamber of Co mmerce
for the distribution of the CDBG-CV3 Part A funds.
Meal Distribution for Homebound Seniors
For older people with sufficient resources, they understand the importance of staying
home, stocking up on food, supplies, and avoid group activities. Meanwhile, millions of
low-income older adults lack access to healthy food and adequate daily nutrition.
Although social distancing is necessary to limit the spread of the virus, anything that
deters people from accessing group meals at senior centers or food ba nks puts low-
income seniors in danger of malnutrition and hunger. Many Gilroy seniors also typically
cannot afford to stock up on food or supplies, and if they can, many need assistance to
and from grocery stores.
To address this issue, the City of Gilroy is looking to expand its existing partnership with
the YMCA on daily meal distribution. In addition to the existing nutritious lunch that is
disseminated out of the Gilroy Senior Center daily, CDBG-CV3 Part A funds will be
used for the preparation and drop ping off fully cooked meals to homebound seniors.
These seniors are not able to drive, walk or make arrangements to pick up their meals
from the Gilroy Senior Center for various reasons. They either lack the transportation,
have physical challenges, recuperating after recent hospitalization, have medical
issues, or are quarantined due to having Covid-19 or being exposed to Covid-19.
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Having meals prepared and dropped off daily to their homes will help these seniors
remain healthy, continue social distancing, maintain their independence, retain their
dignity, and stay safe due to medical vulnerabilities during the pandemic. City staff has
had a positive and effective experience working with the YMCA for many years with the
daily nutrition program. With the process already in place, it would be seamless to
continue working with the YMCA for the distribution of the CDBG -CV3 Part A funds.
Administration Fee
Since the beginning of the pandemic in March 2020, City of Gilroy staff has been
diligently tracking, managing and administering CARES Act and CDBG funding in
response to and related to the pandemic. This includes federal CDBG and State
Department of Finance monies supporting Covid impacted families with rent relief and
economic development support through small business grants.
In addition to the management of the annual CDBG fund allocations, Housing Trust
Funds, and General Fund resources, throughout this past year; although it was
permissible and acceptable to do so, City staff did not include an administra tion fee for
any of the pandemic related grant oversight and management. Oversight of federal and
state grants is a lot of work, cumbersome, takes a lot of time and requires much
attention and effort. Examples of grant oversight include:
• Meeting all grant guidelines
• Developing and setting up sanctioned programs
• Promoting programs through various media outlets
• Tracking grant progress
• Submitting required reports and documentation
• Meeting all grant timelines
• Negotiating contracts with local agency providers
• Establishing and leading weekly progress meetings with agencies
• Troubleshooting program roadblocks and obstacles
• Preparing staff reports for City Council presentations and updates
To date, the City of Gilroy has received $980,310 in CARES Act and CDBG pandemic
related funding. Additionally, $257,500 in General Fund monies and $344,229 in prior
year CDBG Entitlement Grant balances have been channeled to local community-based
agencies addressing community pandemic related challenges. For the CDBG - CV3
Part A funds totaling $422,085, City is staff is including a 20% or $84,417 for an
administration fee for grant oversight. A 20% administration fee is a permissible,
acceptable, and included in the grant guidelines.
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FISCAL IMPACT/FUNDING SOURCE
Distribution of CARES Act funding requires an amendment to the FY 2019-2020 Annual
Action Plan. The amended action plan will identify proposed reallocations and identify
the projects to be funded. Amendment to the FY 2019-2020 Annual Action Plan will not
impact the General Fund. The CDBG - CV3 Part A funds totaling $422,085 are
recommended to be distributed in the following manner:
YMCA
Deliver meals on wheels to seniors
needing to maintain social distancing
due to medical vulnerabilities.
$100,359
Gilroy Chamber of
Commerce
Distribution of small business grants to
prevent business closure and loss of jobs $100,000
St. Joseph’s Family Center Rent relief to prevent homelessness $137,309
City of Gilroy
Administration (20% of grant)
Program management, facilitation, and
administration $84,417
TOTAL = $422,085
ALTERNATIVES
The City Council may modify the recommended funding amounts for the agencies listed
for CDBG-CV3 Part A funding.
PUBLIC OUTREACH
A public hearing notice of the proposed Amendment and 5-day public comment period
of April 23, 2020 to April 28, 2021 was posted on the City’s web page at
www.cityofgilroy.org/284/Block-Grant-Funds.
Attachments:
1. HUD Memo, CARES Act CDBG-CV Guide
2. City of Gilroy Substantial Amendment 3 for CARES FUNDS FINAL DRAFT
3. CDBG Amend #3 Budget Amendment Resolution 5 -3-21
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ASSISTANT SECRETARY FOR
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
WASHINGTON, DC 20410-7000
9 April 2020
COMMUNITY PLANNING AND DEVELOPMENT
MEMORANDUM FOR:
FROM:
SUBJECT:
All Fiscal Year 2020 and 2019 CDBG and CDBG-CV Grantees and
All CPD Field Office Directors
John Gibbs, Acting Assistant Secretary for Community Planning and
Development
CARES Act Flexibilities for CDBG Funds Used to Support
Coronavirus Response and plan amendment waiver
The Coronavirns Aid, Relief and Economic Security Act (CARES Act) (Public Law 116-136)
makes available $5 billion in supplemental Community Development Block Grant (CDBG) funding
for grants to prevent, prepare for, and respond to coronavirus (CDBG-CV grants). Additionally, the
CARES Act provides CDBG grantees with flexibilities that make it easier to use CDBG-CV grants
and fiscal years 2019 and 2020 CDBG Grants for coronavirus response and authorizes HUD to
grant wa1vers and alternative requirements.
The Department has announced the allocations of the first $2 billion in CARES Act funding
for CDBG grantees, as well as $1 billion for Emergency Solutions Grants (ESG) and $53.7 million
for Housing Opportunities for Persons With AIDS (HOPW A). You can find the allocations at
www.hud.gov/program offices/comm planning/budget'fy20/.
This memorandum transmits the attached CARES Act Flexibilities for CDBG Funds Used to
Support Coronavirus Response Guide (Guide). The Guide describes the immediate availability of a
5-day public comment period for amendments and new plan submissions, uncaps the percentage of
CDBG funding for public services to prevent, prepare for, and respond to coronavirus, as well as
other flexibilities. Please note that these new provisions are not only applicable to the $5 billion in
CDBG :funding from the CARES Act but many of the new provisions are also applicable to FY2019and FY2020 CDBG funding. This broad applicability provides grantees with flexibility to help address the challenges facing our nation.
Grantees are advised to amend or prepare their plans as soon as possible and not to wait for
the pending Federal Register notice, which may provide additional waivers and alternative
requirements. Similarly, grantees should not wait for HUD to allocate the remaining nearly $3
billion of the $5 billion provided by the CARES Act for the CDBG program. Upon publication of
the Federal Register notice and subsequent allocations, grantees receiving allocations will then
amend plans accordingly.
Grantees should proceed with all amendments and plans under these new provisions by
adding the CDBG-CV allocation in their plans as an available resource for the year. The CARES
Act permits HUD to waive, or specify alternative requirements for, any provision of any statute or
regulation that the Secretary administers in connection with the CDBG-CV funds, FY2019 and
FY2020 CDBG funds ( except for requirements related to fair housing, nondiscrimination, labor
standards, and the environment), upon a finding by the Secretary that any such waivers or
www.hud.gov espanol.hud.gov
8.B.a
Packet Pg. 35 Attachment: HUD Memo, CARES Act CDBG-CV Guide (3278 : CDBG Annual Action Plan Amendment and CARES Act Funding)
alternative requirements are necessary to expedite or facilitate the use of such amounts to prevent,
prepare for, and respond to coronavirus.
To expedite grantees' use ofCDBG-CV funds, HUD is waiving the requirements at 42
U.S.C. 12705(a)(2) to the extent it requires updates to the housing and homeless needs assessment,
housing market analysis, and strategic plan and 24 CFR 91.220 and 91.320 to the extent the action
plan is limited to a specific program year to permit grantees to prepare substantial amendments to
their most recent annual action plan, including their 2019 annual action plan. Grantees must
identify the proposed use of all funds and how the funds will be used to prevent, prepare for, and
respond to coronavirus.
The Department is also waiving 24 CFR 91.505 to facilitate the use of the CD BG-CV funds
to the extent necessary to require submission of the substantial amendment to HUD for review in
accordance with 24 CFR 91.500. To receive a CDBG-CV grant, a grantee must also submit a SF-
424, SF-424D and the certifications at 24 CFR 91.225(a) and (b) or 24 CFR 91.325(a) and (b).
The Guide addresses many of the Field's initial questions. Email inquiries to
CPDQuestionsAnswered@hud.gov will continue to receive individual replies and guidance. HUD
will also be batching questions and responses and periodically making them available as FAQs.
Additional resources will continue to be posted to www.hudexchange.info/programs/cdbg/disease/.
Thank you for the work you and your staff do with our communities in the fight against the
coronavirus.
8.B.a
Packet Pg. 36 Attachment: HUD Memo, CARES Act CDBG-CV Guide (3278 : CDBG Annual Action Plan Amendment and CARES Act Funding)
CARES Act Flexibilities for CDBG Funds Used to Support Coronavirus Response
April 9, 2020
President Trump has signed The Coronavirus Aid, Relief and Economic Security Act (CARES Act). The CARES Act:
Makes available $5 billion in supplemental Community Development Block Grant (CDBG) funding for grants to
prevent, prepare for, and respond to coronavirus (CDBG-CV grants);
Provides flexibilities for CDBG grantees to make it easier to use CDBG-CV grants and fiscal years 2019 and
2020 CDBG grants for coronavirus response and authorizes HUD to grant waivers and alternative requirements;
Requires CDBG-CV grantees to prevent the duplication of benefits, which means grant funds may not be used to
pay costs if another source of financial assistance is available to pay that cost.
HUD will publish a Federal Register notice describing the requirements for CDBG-CV grants. The notice will also include
waivers and alternative requirements for CDBG-CV and fiscal year 2019 and 2020 CDBG grants. A grantee may submit a
CDBG-CV action plan substantial amendment to its most recent accepted CDBG action plan for the first CDBG-CV
allocation before the notice is published. To apply for CDBG-CV grants, grantees may follow existing regulatory
requirements for a substantial amendment to the grantee’s action plan that describes the amount of CDBG-CV funds
available in the first allocation and planned use of funds, in accordance with existing requirements and the flexibilities in
the CARES Act, summarized below. HUD will publish a Q&A document with further information on this process.
Grantees may use CDBG-CV and CDBG funds for a range of activities to prevent, prepare for, and respond to
coronavirus. For examples, see the Quick Guide to CDBG Activities for Infectious Disease Response.
Summary of CARES Act Provisions for Coronavirus Response With CDBG-CV and CDBG Grants
For more information, refer to applicable sections of the CARES Act, Housing and Community Development Act of
1974 (for State CDBG Grantees) and CDBG regulations (for Entitlement CDBG grantees).
Description of Program Flexibility Applicability to CDBG-CV and CDBG Grants
Public Service Activities
Eliminates the 15 percent cap1 on the amount of
grant funds that can be used for public services
activities.
Following enactment, the cap in section 105(a)(8) of
the HCD Act and 24 CFR 570.201(e) has no effect on
CDBG-CV grants and no effect on FY 2019 and 2020
CDBG grant funds used for coronavirus efforts.
CDBG-CV Immediately
Available
CDBG FY 19 and
FY 20 Grants
Immediately
Available
CDBG Grants
before FY 19
Not
Available
Reimbursement of Costs
Provides that grantees may use CDBG-CV grant
funds to cover or reimburse costs to prevent, prepare
for, and respond to coronavirus incurred by a State or
locality, regardless of the date on which such costs
were incurred, when those costs comply with CDBG
requirements. For other grants, pre-agreement and
pre-award cost authority is available under 24 CFR
570.489(b) (states) and 570.200(h) (entitlements).
CDBG-CV Immediately
Available
CDBG FY 19 and
FY 20 Grants
See current
regulations.
CDBG Grants
before FY 19
See current
regulations.
1 Section 105(a)(8) of the Housing and Community Development Act of 1974, provides a different percentage cap for some grantees.
8.B.a
Packet Pg. 37 Attachment: HUD Memo, CARES Act CDBG-CV Guide (3278 : CDBG Annual Action Plan Amendment and CARES Act Funding)
Description of Program Flexibility Applicability to CDBG-CV and CDBG Grants
Citizen Participation and Public Hearings for Consolidated Plans (including Action Plans)
Provides that grantees may amend citizen
participation plans to establish expedited procedures
to draft, propose, or amend consolidated plans.
Expedited procedures must include notice and
reasonable opportunity to comment of no less than 5
days. The 5-day period can run concurrently for
comments on the action plan amendment and
amended citizen participation plans.
In-person public hearings are not required. Grantees
may meet public hearing requirements with virtual
public hearings if: 1) national/local health authorities
recommend social distancing and limiting public
gatherings for public health reasons; and 2) virtual
hearings provide reasonable notification and access
for citizens in accordance with the grantee’s
certifications, timely responses from local officials to
all citizen questions and issues, and public access to
all questions and responses.
CDBG-CV Immediately
Available
CDBG FY 19 and
FY 20 Grants
Immediately
Available
CDBG Grants
before FY 19
Not
Available
Deadline to Submit Consolidated Plans (including Annual Action Plans)
Extends the deadline for grantees to submit action
plans and other updates to their consolidated plans
submissions for fiscal years 2019* and 2020 to
August 16, 2021.
Without extension, the deadline for fiscal year 2020
grants would be August 16, 2020, in accordance with
section 116(b) of the HCD Act and 24 CFR 91.15.
*The deadline for fiscal year 2019 passed on August
16, 2019 (plans due then have been submitted).
CDBG-CV Immediately
Available
CDBG FY 19* and
FY 20 Grants
Immediately
Available.
CDBG Grants
before FY 19
Not
applicable.
Waiver and Alternative Requirement Authority
Authorizes the Secretary to issue statutory and
regulatory waivers/alternative requirements for
CDBG-CV and some CDBG funds when necessary
to expedite or facilitate the use of grant funds to
prevent, prepare for, and respond to coronavirus.
Prohibits waivers/alternative requirements related to
fair housing, nondiscrimination, labor standards, and
the environment.
HUD has additional regulatory waiver and statutory
suspension authorities that it may use for CDBG
Grants before fiscal year 2019 if necessary.
CDBG-CV Immediately
Available
CDBG FY 19 and
FY 20 Grants
Immediately
Available.
CDBG Grants
before FY 19
Not
applicable.
Submit your questions to: CPDQuestionsAnswered@hud.gov
8.B.a
Packet Pg. 38 Attachment: HUD Memo, CARES Act CDBG-CV Guide (3278 : CDBG Annual Action Plan Amendment and CARES Act Funding)
City of Gilroy Substantial Amendment #3 to the
2015-2020 Consolidated Plan and 2019-20 Annual Action Plan
The following is a summary and draft language that amends the 2015-20 Consolidated Plan and 2019-20 Annual Action Plan.
Background
The City of Gilroy’s federal Consolidated Plan details the funding strategy for the Community Development Block Grant (CDBG) for the period
between 2015 and 2020. The Annual Action Plan (AAP) details each year within the 5-year Consolidated Plan (ConPlan) and outlines the
implementation of annual funding, which is developed through significant public input, analyses, and planning. The one-year action plan, 2019-
2020, identifies how specific projects and annual allocations will be implemented during that particular program year.
On March 27th, 2020, Congress passed the Coronavirus Aid, Relief, and Economic Security Act (CARES) to support preparation for and response
to the community impacts of the COVID-19 pandemic and identified additional funding for the City of Gilroy through its Community
Development Block Grant (CDBG) Program. The City has received a second allocation of funds through the CARES Act referred to as CDBG-CV3 in
the amount of $422,085. The purpose of this amendment will be to allocate these funds to projects/programs that prepare for, prevent or
respond to the COVID-19 pandemic, and to give the public an opportunity to comment on the proposed actions.
The City’s Citizen Participation Plan (CPP) describes the efforts that the City will take to encourage its residents to participate in developing these
plans. It also provides requirements for public process when a “substantial amendment” to the Annual Action Plan is proposed. The
following changes constitute a substantial amendment and require public notice as described in the CPP:
• A 25% change in the amount allocated to a category of funding
• A significant change to an activity’s proposed beneficiaries or persons served
• Funding of a new activity not previously described in the Action Plan
However, due to COVID-19, the United States Department of Housing and Urban Development (HUD) has issued guidance that waives the
Citizen Participation Plan requirements for entitlement recipients, such as the City of Gilroy, provided that (1) no fewer than five days are
provided for public comment and that (2) reasonable notice and the opportunity to comment is provided. The City has updated its CPP to allow
for these HUD waivers and will be utilizing them for this amendment as described above.
Proposed Substantial Amendments
8.B.b
Packet Pg. 39 Attachment: City of Gilroy Substantial Amendment 3 for CARES FUNDS FINAL DRAFT (3278 : CDBG
The City is proposing the following activities as an amendment to the 2019-2020 Annual Action Plan in order to allocate the funding provided by
CDBG-CV3 through the CARES Act:
1. New activity: Food Distribution Program for homebound seniors
2. Increase Funding: Small Business Assistance Grants
3. Increase Funding: Rental Assistance Program
The City will also be utilizing the allowable general administration dollars through the CDBG-CV3 funds in order to properly manage and
implement this funding.
Public Process
The City of Gilroy is providing notice of a five-day public comment period as part of the HUD public participation exemption process from April
23, 2021 and ending April 28, 2021. Comments on the Draft FY 2019-20 Substantial Amendment may be provided to Maria De Leon, Program
Administrator by email (maria.deleon@cityofgilroy.org), phone (408) 846-0290, or in writing addressed to:
Attn: Maria De Leon, Program Administrator
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
Additionally, a public hearing will be held to provide opportunities for public comment:
• May 3, 2021 - City Council will consider adoption of the Substantial Amendments, 6:00 pm, during the Virtual Council Meeting.
Interested parties are encouraged to participate in this public hearing as this is the time and place when those interested s hall be heard
and given due consideration. 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 is providing the following telephone and email options for public comments
at this meeting:
You are encouraged to participate in this meeting by watching it live on the City of Gilroy’s website at www.cityofgilroy.org, or on Cable
Channel 17. To view the meeting from the website, select the “Council Age ndas and Videos” button from the home page. Public
comments can be submitted by mail to City Hall, 7351 Rosanna Street, Gilroy, CA 95020 Attn: Maria De Leon, or by email at
maria.deleon@cityofgilroy.org and must be received before the Mayor closes the public hearing for the item. Additionally, comments
may be made by leaving a voice message at (408) 846-0290 prior to 5:00 p.m. on May 3, 2020.
The following changes will be made to the approved 2019-2020 Annual Action Plan, as follows (additions are noted in red text):
8.B.b
Packet Pg. 40 Attachment: City of Gilroy Substantial Amendment 3 for CARES FUNDS FINAL DRAFT (3278 : CDBG
Expected Resources
AP-15 Expected Resources - 91.420(b), 91.220(c)(1,2)
Introduction
The City expects to receive resources from both the federally funded Community Development Block Grant (CDBG) program as well as the locally
funded Housing Trust Fund. Below is a summary of the expected resources in FY 19-20. If HUD makes any adjustments to its allocation after this
AAP is adopted, the City will revise the funding amounts for each program, project and public service activity on an across-the-board
contingency percentage basis upon formal notice from HUD of the approved FY 19-20 CDBG grant amount.
Additionally, through Amendments #2 and #3, the City has allocated its CARES funds which are identified as CV1 and CV3 in the table below.
Anticipated Resources
Program Source of
Funds
Uses of Funds Expected Amount Available Year 1 Expected
Amount
Available
Remainder
of ConPlan
$
Narrative Description
Annual
Allocation:
$
Program
Income:
$
Prior Year
Resources:
$
Total:
$
CDBG public -
federal
Acquisition
Admin and
Planning
Economic
Development
Housing
Public
Improvements
Public Services 476,592 30,000 366,957 873,549 0
Funding represents the 5th year of 2015-
2020 ConPlan. Substantial amendment
will commit prior year resources to new
infrastructure project.
8.B.b
Packet Pg. 41 Attachment: City of Gilroy Substantial Amendment 3 for CARES FUNDS FINAL DRAFT (3278 : CDBG
Program Source of
Funds
Uses of Funds Expected Amount Available Year 1 Expected
Amount
Available
Remainder
of ConPlan
$
Narrative Description
Annual
Allocation:
$
Program
Income:
$
Prior Year
Resources:
$
Total:
$
Housing
Trust Fund
public -
local
Housing
168,000 0 0 168,000 168,000
The city manages a local Housing Trust
Fund. Funds are generated from the
repayment or refinancing of prior
homebuyer loans that were made to low-
income homebuyers. Income is also
generated from a city-owned property
that was supported with Housing Trust
Fund dollars.
Other
CDBG-CV1
Public –
federal
Other: to
prevent
prepare for and
respond to
Coronavirus $275,486 0 0 $275,486 0
CDBG-CV1 Funds to be used to prevent,
prepare for and respond to the
Coronavirus.
Other
CDBG-CV3
Public –
federal
Other: to
prevent
prepare for and
respond to
Coronavirus $422,085 0 0 $422,085 0
CDBG-CV3 Funds to be used to prevent,
prepare for and respond to the
Coronavirus.
8.B.b
Packet Pg. 42 Attachment: City of Gilroy Substantial Amendment 3 for CARES FUNDS FINAL DRAFT (3278 : CDBG
AP-38 Projects Summary
Project Summary Information
Table 1 – Project Summary
16 Project Name Business Assistance Program
Goals Supported Economic Development
Needs Addressed Economic Development
Funding CDBG: $469,715
CDBG-CV3: $100,000
Description The purpose of the program will be to provide small loans (typically $5,000
to $15,000) to help local businesses cope with the COVID-19 economic
downturn, by providing funds needed for working capital and business
restarting costs that will result in low-income jobs being retained.
Target Date 12/31/21
Estimate the
number and type
of families that will
benefit from the
proposed activities
40 Businesses
Additional 10 businesses to be assisted with CV-3 funds
Location
Description
Throughout the City of Gilroy
Planned Activities The purpose of the program will be to provide small loans (typically $5,000
to $10,000) to help local businesses cope with the COVID-19 economic
downturn by providing funds needed for working capital and business
restarting costs that will result in low-income jobs being retained.
15 Project Name Subsistence Payment Program (Rent Relief)
8.B.b
Packet Pg. 43 Attachment: City of Gilroy Substantial Amendment 3 for CARES FUNDS FINAL DRAFT (3278 : CDBG
Goals Supported Affordable Housing
Needs Addressed Homelessness Prevention
Funding CDBG-CV1: $150,000
CDBG-CV3: $137,309
Description Rent/Mortgage payments for no more than 90 consecutive days to low-
income households affected by COVID-19.
Target Date 6/30/21
Estimate the
number and type
of families that
will benefit from
the proposed
activities
Up to 30 low-income households
Additional 25 households to be assisted with CV-3 funds
Location
Description
Throughout the City of Gilroy
Planned Activities Rent/Mortgage payments for no more than 90 consecutive days to low
income households affected by COVID-19.
17 Project Name Meals on Wheels Program
Goals Supported Support basic need services
Needs Addressed Basic Needs
Funding CDBG-CV3: $100,359
8.B.b
Packet Pg. 44 Attachment: City of Gilroy Substantial Amendment 3 for CARES FUNDS FINAL DRAFT (3278 : CDBG
Description The City will be partnering with the local YMCA to expand their food
distribution program (i.e. meals on wheels) to homebound seniors. The
population has been greatly impacted by the pandemic and shelter in place
orders, and YMCA has seen a significant increase in demand for the delivery
of meals to their homes. Matrix Code: 05A Senior Services, LMC
Target Date 6/30/22
Estimate the
number and type
of families that
will benefit from
the proposed
activities
40 Seniors
Location
Description
Throughout the City of Gilroy
Planned Activities The City will be partnering with the local YMCA to expand their food
distribution program (i.e. meals on wheels) to homebound seniors. The
population has been greatly impacted by the pandemic and shelter in place
orders, and YMCA has seen a significant increase in demand for the delivery
of meals to their homes. Matrix Code: 05A Senior Services, LMC
18 Project Name Program Administration for CV Funds
Goals Supported N/A
Needs Addressed N/A
Funding CDBG-CV3: $84,417
Description Program management and oversight related specifically to the CARES Act
funds to ensure federal overlays and requirements are met.
Target Date 6/30/22
8.B.b
Packet Pg. 45 Attachment: City of Gilroy Substantial Amendment 3 for CARES FUNDS FINAL DRAFT (3278 : CDBG
Estimate the
number and type
of families that
will benefit from
the proposed
activities
N/A
Location
Description
N/A
Planned Activities Program management and oversight related specifically to the CARES Act
funds to ensure federal overlays and requirements are met.
8.B.b
Packet Pg. 46 Attachment: City of Gilroy Substantial Amendment 3 for CARES FUNDS FINAL DRAFT (3278 : CDBG
RESOLUTION NO. 2021-XX
RESOLUTION NO. 2021
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF GILROY AMENDING THE BUDGET FOR
THE CITY OF GILROY FOR FISCAL YEAR 2020-2021
IN THE COMMUNITY DEVELOPMENT BLOCK
GRANT FUND AND APROPRIATING PROPOSED
EXPENDITURE AMENDMENTS
WHEREAS, the City Administrator prepared and submitted to the City Council a budget
for the City of Gilroy for Fiscal Years 2019-2020 and 2020-2021, and the City Council carefully
examined, considered and adopted the same on June 3, 2019; and
WHEREAS, City Staff has prepared and submitted to the City Council a proposed
amendment to said budget for Fiscal Year 2020-2021 for the City of Gilroy in the staff report
dated May 3rd, 2021 for the 3rd Substantial Amendment to the 2019-2020 Community
Development Block Grant Annual Action Plan appropriating the Coronavirus Aid, Relief, and
Economic Security Act (CARES) funds in response to the COVID-19 crisis.; and
WHEREAS, the City Council has carefully examined and considered the same and is
satisfied with said budget amendment.
NOW, THEREFORE, BE IT RESOLVED THAT appropriations for Fiscal Year 2020-21
are hereby increased in the Community Development Block Grant Fund, Fund 254, by $422,085.
PASSED AND ADOPTED this 3rd of May, 2021 by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
8.B.c
Packet Pg. 47 Attachment: CDBG Amend #3 Budget Amendment Resolution 5-3-21 (3278 : CDBG Annual Action Plan Amendment and CARES Act Funding)
RESOLUTION NO. 2021-XX
APPROVED:
___________________________
ATTEST: Marie Blankley, Mayor
_________________________
LeeAnn McPhillps, Acting City Clerk
8.B.c
Packet Pg. 48 Attachment: CDBG Amend #3 Budget Amendment Resolution 5-3-21 (3278 : CDBG Annual Action Plan Amendment and CARES Act Funding)
City of Gilroy
STAFF REPORT
Agenda Item Title: Interim Objective Design Standards
Meeting Date: May 3, 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
Review draft Interim Objective Design Standards and provide feedback to City staff.
BACKGROUND
On March 8, 2021, the Council provided direction on their expectations for the City’s
objective design standards and requested that the consultant prepare interim standards
by the end of April that could be implemented now while the more comprehensive
standards are being drafted (see Attachment 1 for additional background information).
DISCUSSION
Staff reviewed and refined the draft standards prepared by the consultant and are no w
seeking feedback from the Council, residents, and the City’s development stakeholders.
The goal for the interim standards was to create design criteria that could be applied to
9.A
Packet Pg. 49
proposed multi-family projects as soon as possible, but also allow time to ga ther input
that will be incorporated into the final Objective Design Standards.
The more comprehensive standards will take a more holistic approach to multi-family
residential design and will also include graphics that will help illustrate the intent behi nd
the City’s objective design standards.
NEXT STEPS
Following feedback from the City Council, the interim standards will be updated and
posted on the City’s website and provided to project applicants who intend to develop
multi-family residential projects in the City of Gilroy. It is anticipated that the more
comprehensive standards will be presented to the Planning Commission no later than
August 2021 and to the City Council no later than September 2021.
Attachments:
1. March 3, 2021 ODS Study Session Memo
2. Draft Interim Objective Design Standards
9.A
Packet Pg. 50
City of Gilroy
STAFF REPORT
Agenda Item Title: Objective Design Standards
Meeting Date: March 8, 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
Receive report and provide feedback to the consultant and City staff.
BACKGROUND
California Senate Bill 2, the 2018 Building Homes and Jobs Act (SB2), established
funding for actions intended to increase housing in California. The City of Gilroy was
awarded the maximum grant amount of $160,000, which must be expended by June 30,
2022.
The funds will be used to create objective design standards for multi-family residential
projects in Gilroy, pursuant to SB330 and the Housing Accountability Act. The City hired
a consultant to complete this work with oversight from city staff. The draft standards will
2.1
Packet Pg. 3
9.A.a
Packet Pg. 51 Attachment: March 3, 2021 ODS Study Session Memo (3288 : Interim Objective Design Standards)
be returned to the City Council for final approval, following review and a
recommendation by the Planning Commission.
DISCUSSION
State law defines objective standards as those that “involve no personal or subjective
judgement by a public official and are uniformly verifiable by reference to an external
and uniform benchmark or criterion available and knowable by both the development
applicant and public official prior to submittal.”
Examples of an objective standard in the City’s 2001 Multi-Family Residential Design
Policy include:
• Minimum of two different building materials shall be used on each building elevation
(e.g., stone, wood, masonry, or metal).
• Minimum of two colors per elevation plus a trim and roof color.
Examples of subjective standards from that document include:
• Architectural facades rich in detailing add to the character of the neighborhood.
• All elevations of each building shall be architecturally interesting.
To date, the City of Gilroy has not been legally challenged on its development
standards; likely because the City does not deny projects due to subjective reasoning.
Furthermore, unlike some other cities, Gilroy has not experienced strong or organized
opposition from citizen groups regarding residential projects and city staff have a record
of working cooperatively with developers to ensure the City’s standards are met.
In addition, the City’s residential development standards are due for an update that are
reflective of current needs. When Gilroy’s Multi-Family Residential Design Policy was
written 20 years ago, most multi-family projects in Gilroy were two- or three-stories.
Over the past several years, Gilroy, like many suburban California cities, are seeing
multi-family housing projects of four-stories or more. This is primarily due to changes in
housing laws that allow increased densities to increase affordability and encourage
Transit Oriented Development. The massing of taller residential structures may be best
addressed by different objective design standards than smaller structures. In addition,
the City will benefit from having comprehensive objective standards in place that are
reflective of the City’s vision and recently adopted General Plan, as well as input from
citizens, the development community, Planning Commission, and the City Council.
In addition to ensuring that the new Zoning Ordinance (to be completed by the end of
2021) is objective, this project will result in a final report outlining a menu of
recommended objective design standards that will be used to amend the City’s policies,
standards, and conditions to ensure that the City is compliant with the Housing
Accountability Act and SB330. As part of this effort, the consultant has or will:
2.1
Packet Pg. 4
9.A.a
Packet Pg. 52 Attachment: March 3, 2021 ODS Study Session Memo (3288 : Interim Objective Design Standards)
• Review City regulations, guidelines, conditions of approval, and other provisions
related to housing development, and identify subjective language.
• Review recently approved residential projects in Gilroy to identify how new
objective design standards and practices can encourage well designed projects
and avoid undesirable projects in the future.
• Identify opportunities for changes that could result in the increased production of
multifamily housing in Gilroy.
NEXT STEPS
Following feedback from the City Council, the consultant will refine the scope of work
and create objective standards that are in line with Council expectations and the vision
for the City of Gilroy. The recommendations will be presented to the Planning
Commission and the City Council for review and approval prior to formally adopting
them as part of the City’s multi-family residential review process. This project is
expected to be complete in fall 2021; however interim objective design standards could
be implemented sooner.
2.1
Packet Pg. 5
9.A.a
Packet Pg. 53 Attachment: March 3, 2021 ODS Study Session Memo (3288 : Interim Objective Design Standards)
Gilroy Multi-family Residential Objective Design Standards
(Interim April 2021 – Sept 2021)*
The intent of Objective Design Standards is to provide developers with a clear understanding of the City’s
expectations for multi-family residential project design. Objective design standards are written as requirements,
rather than guidelines; therefore, all multi-family residential projects must comply with each standard.
Importantly, objective design standards regulate site and structure design only. Projects must also comply with all
applicable building permit requirements and development standards such as height, setbacks, floor area ratio,
etc. Multi-family residential projects that do not meet these objective design standards may be approved through
the City’s discretionary design review process.
Orientation
• Structures Adjacent to a Street. Structures adjacent to a street shall have front entry features oriented
to the street.
• Interior Structures. Structures that are not adjacent to the street shall have front entries that are oriented
to interior common areas such as paseos, courtyards, and active landscape areas. (CP)1
• Courtyard and Gathering Areas. Internal courtyards and common areas shall be visible from the street,
parking areas, pedestrian pathways, and/or interior building entries. (CP)
Massing and Articulation
• Structure Height (adjacent to existing residential). The side and rear walls of any structure within 10 feet
of a required setback shall not be more than two stories higher or lower than the directly adjacent existing
residential structure. Structures that exceed this height requirement shall stepback upper floors so that
the wall plane does not fall within 10 feet of a required setback adjacent to existing residential.
• Structure Length: Structures shall have massing breaks, a minimum of every 50 feet along any street
frontage or publicly visible area, using wall modulations, projections or recesses, or by stepping back the
upper floors. Breaks shall be a minimum of five feet deep and 10 feet wide and shall extend at least two-
thirds of the height of the structure.
• Wall Modulation. Publicly visible walls more than 20 feet in length along any street frontage or front
elevation, or 30 feet along an interior rear or side elevation, shall be articulated by at least three of the
following features:
o doors and windows recessed by a minimum of two inches;
o exterior arcades or other ground floor building recessions that provide sheltered walkways within the
building footprint. These features shall have a minimum area of 48 square feet;
o variations in wall plane (projection or recess) by a minimum of two feet in depth;
o a recessed or projected entry with a minimum area of 24 square feet; or
o vertical elements, such as pilasters, that protrude a minimum of six inches from the wall surface and
extend the full height of the structure.
1 (CP) indicates a standard that addresses crime prevention through environmental design.
* The city’s Interim Objective Design Standards are subject to revisions and will be posted to the City’s website.
9.A.b
Packet Pg. 54 Attachment: Draft Interim Objective Design Standards (3288 : Interim Objective Design Standards)
Gilroy Multi-family Residential Objective Design Standards
(Interim April 2021 – Sept 2021)*
• Roofline Articulation. Rooflines shall be vertically articulated at 30-foot minimum intervals along the
street frontage through one of the following techniques:
o A change in height of a minimum four feet;
o A change in roof pitch or form; or
o The inclusion of dormers, gables, parapets, varying cornices, and/or clerestory windows.
Entries and Stairwells
• Front Entries. Structures shall include covered front entries with a minimum recess or projection of 48
square feet in area.
• Balconies, Patios, and Porches. All ground floor units and a minimum of 51 percent of the upper floor
units shall include a balcony, patio, porch, or stoop, and this feature shall be a minimum 48 square feet
in area.
• Exterior Stairwells. Exterior stairwells shall not be oriented to the street. For safety and security,
exterior stairwells shall be oriented to interior spaces, such as plazas and gathering areas, parking areas,
and pedestrian pathways and shall not be separated from these areas by landscaping, fences, or walls
taller than three feet. (CP)
Colors and Materials
• Primary Wall Material. The primary wall material2 shall be wood, stone, brick, stucco, fiber cement or
other cementitious material, or composite wood or stone. T1-11 siding and other siding that use
plywood (with the exception of board and batten) are prohibited.
• Required Number of Materials. Developments shall incorporate a minimum of two building materials
on each structure elevation.
• Colors. Structures shall have at least one primary color, one secondary color, and two accent colors, in
addition to roof color.
Circulation
• Parking. Parking shall not be located between the structure frontage and a public sidewalk.
• Vehicular Circulation. All parking areas shall be internally connected and shall use shared driveways
within the development.
• Pedestrian Circulation. All structures, entries, facilities, amenities, and parking areas shall be internally
connected with pedestrian pathways. Pedestrian pathways shall connect to the public sidewalk along
each street frontage.
2 Primary wall material: the material covering the largest percentage of surface area of any building face or elevation.
9.A.b
Packet Pg. 55 Attachment: Draft Interim Objective Design Standards (3288 : Interim Objective Design Standards)
Gilroy Multi-family Residential Objective Design Standards
(Interim April 2021 – Sept 2021)*
Open Space and Common Areas
• Outdoor Space. Landscaping shall be located in all outdoor areas that are not specifically used for
parking, driveways, walkways, patios, or other outdoor amenities as described below.
• Paved Areas. Paved areas shall not exceed 50% of the required setback area.
• Active Outdoor Amenities. Projects shall provide at least one active outdoor amenity (defined below)
for every 20 units, with a minimum of one active outdoor amenity per development.
o Approved amenities include plazas, courtyards, pocket parks, community gardens, pet areas, sport
courts, swimming pools, and outdoor gathering areas that include a minimum of one feature
element that encourages active outdoor use, such as a BBQ area, fire pit, trellis, or fountain.
• Public Art. Developments with more than 20 units shall provide at last one public art amenity. Public art
shall be approved by the City Council following a recommendation by the Arts and Culture Commission.
• Play Areas. Developments with more than 10 units shall provide a play area with at least two structured
play modules (e.g., slide and sand box, or tunnel and climber) and a picnic table adjacent to the play
area as one of the required active outdoor amenities.
o Senior or convalescent type housing is exempted from the play area requirement but shall
provide a shaded outdoor patio area with minimum seating capacity of eight persons as one of
the required active outdoor amenities.
Lighting
• All structures, entries, parking areas, refuse enclosures, active outdoor/landscape areas, and pedestrian
pathways shall include dusk to dawn lighting for safety and security. (CP)
• Lighting shall be recessed or hooded, downward directed, and located to illuminate only the intended
area.
Fences and Walls
• Materials. Chain link fences are prohibited.
Utilities and Service Areas
• Screening. Loading areas, utilities and utility vaults, and all mechanical equipment shall be screened or
hidden from view from the public street.
• Refuse Enclosures. Trash, recycling, organic waste, and green waste bins and dumpsters shall be
consistent with fire and building codes and shall be housed in a covered refuse enclosure with a gate
that screens the trash receptacles. Sizing of the enclosures shall conform to solid waste provider
requirements.
• Refuse Enclosure Access. Refuse enclosures shall have both a vehicular access gate and a pedestrian
entrance. Gates shall be opaque. Access shall conform to solid waste provider requirements.
9.A.b
Packet Pg. 56 Attachment: Draft Interim Objective Design Standards (3288 : Interim Objective Design Standards)
City of Gilroy
STAFF REPORT
Agenda Item Title: Council Unhoused Ad Hoc Committee Update
Meeting Date: May 3, 2021
From: Jimmy Forbis, City Administrator
Department: Administration
Submitted By: Jimmy Forbis
Prepared By: Jimmy Forbis
Maria De Leon
Strategic Plan Goals
☐ Fiscal Stability
☐ Downtown
Revitalization
☐ Economic
Development
☐ Neighborhood Services
Enhanced Public
Safety
☐ Workforce Stability ☐ Public Engagement
RECOMMENDATION
Receive Report
EXECUTIVE SUMMARY
The number of un-housed in Gilroy is becoming an increasing issue. At a recent South
County Plan to End Unhoused webinar, according to the 2019 Census information
regarding to the un-housed, the City of Gilroy has documented 704 residents, in
comparison to Morgan Hill’s 114.
At the April 19, 2021 City Council meeting, the Un -housed Ad Hoc Committee (UAHC)
Chair Councilmember Carol Marques and Councilmember Dion Bracco presented to
City Council 12 recommendations for City Council consideration. These
recommendations were based on the hosting a series of meetings since October 2020
with local un-housed stakeholders to better understand the ir experiences. It is the hope
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of the UAHC to provide City Council with opportunities that can c ontribute towards
addressing this national crisis.
BACKGROUND
At a Sept. 8, 2020 Unhoused City Council study session, City Council supported the
creation of an Ad Hoc Committee. Councilmembers Marques, Bracco and Tovar were
appointed to begin discussions on the City’s next steps in addressing the un-housed
problem. The first UHAC took place on Oct. 2020 where committee members identified
local un-housed stakeholders to meet with at upcoming meetings. These stakeholders
included:
• Unhoused Service Providers (Compassion Center, PitStop Outreach, Salvation
Army, St. Joseph’s Family Center, Santa Clara County)
• Destination Homes
• Unhoused Individuals
• Local Businesses
• Homeowners
• Churches
• Morgan Hill Housing Representative
• Police Department
• City Staff
• Code enforcement
After meeting with stakeholders, the UHAC established a list of 12 potential options for
City Council consideration.
ANALYSIS
UHAC members were tasked with presenting City Council with ideas on how to
contribute to addressing the un-housed problem with existing limited resources. The
committee goal was to:
• Support un-housed service providers to be successful in improving the quality of
life for the entire community
• Address un-housed issues that negatively impact residents, businesses and
tourism
• Recommending possible solutions for City Council consideration
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On the April 19 City Council meeting, the UHAC presented to City Council 12
recommendations for consideration. After much discuss ion, City Council supported what
was presented and added two more opportunities (#13 and #14) to this list. At the April
22 UHAC meeting, the following was discussed:
1. Establish a Safe Parking Program
a. This is currently being evaluated.
b. The City is open to partnering with a local service agency to facilitate
program.
c. This will require an RFP seeking qualified and experienced agencies with
a good track records to facilitate the Safe Parking program .
2. Whenever possible, be proactive and support affordable housing efforts
a. On May 10, 2021 City Council will hold a Study Session where Harmony
Communities will be conducting a Tiny Homes presentation.
b. This effort may require a zoning change to fully support the program.
3. Support a mobile garbage removal program
a. This is currently being evaluated.
b. The City is open to partnering with a local service agency to facilitate
program.
c. This program would be similar to the Heart Haulers program.
d. This will require an RFP seeking qualified and experienced agencies with
good track records to facilitate the mobile garbage removal program.
e. Recology shared they wanted to support these types efforts.
4. Explore the purchasing of a Garbage Compactor Truck
a. City staff is looking into the costs and benefits associated with this
purchase.
5. Ensure County, State, Water District, and private property owners are
accountable for maintaining their properties’ clean
a. No funds are required to do this.
b. This is an ongoing effort.
6. Partner with the City of Morgan Hill
a. No funds are required to do this at this time.
b. This is an ongoing effort.
7. Continue supporting Un-housed Service Providers through CDBG grant funding
a. Continued funding for un-housed service providers is done annually
through CDBG grant allocations.
8. Coordinate monthly check in meetings with lead Unhoused service providers to
address local Unhoused issues
a. Roles of participating agencies need to be defined and thought out.
b. These meetings can ensure the prevention of duplication of efforts
amongst Service Providers.
c. These meetings can involve the periodic evaluation of Service Providers
receiving city funding for un-housed efforts.
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9. Organization of Community Clean Up Days
a. No funds required to do this.
b. The administration of ongoing clean ups should be rotated with community
groups, faith-based agencies and service groups to prevent burn out of
one or two agencies always taking the lead on the se clean ups.
c. Scheduling of these clean-ups can be monthly, quarterly or bi-annually.
10. Endorsement of Destination Home Community Plan to End Unhousedness
a. The City Attorney is evaluating potential legal ramifications to this
endorsement.
b. Looking at City Council officially endorsing this effort at an upcoming
council meeting.
11. Research an agency that can provide drug rehab, job training and job placement
a. No funds are required to do this.
b. Identifying a date in May for the UAHC members to tour the City Teams
facility in San Jose.
12. Hire a Quality of Life Officer
a. It is uncertain if this should be a sworn Police Officer, Community Service
Officer (CSO) or a Housing Coordinator/Manager.
13. Explore the differences amongst a Police Officer and a Community Services
Officer (CSO)*
a. Attachment A includes memo from the Gilroy Police Department providing
this clarification.
14. Partner with the County Office of Supportive Housing and establish a partnership
to have access to their programs and services. *
a. City staff will look into the cost for this partnership and what services will
be provided if Gilroy participates.
After receiving City Council support for the 14 recommendations, the UAHC has
identified the top five recommended priorities:
1. Establish a Safe Parking Program
2. Support a mobile garbage removal program
3. Explore the purchasing of a Garbage Compactor Truck
4. Hire a Quality of Life Officer
5. Explore the differences amongst a Police Officer and a (CSO)
FISCAL IMPACT/FUNDING SOURCE
There will be fiscal impacts to the opportunities being recommended. Funding for these
efforts will need to come from the General Fund and will be included in the City
Administrator’s Fiscal Year 2022 and 2023 Recommended Budget . It is anticipated that
a portion of the one-time CARES Act relief funds can be used to financially support
these recommendations.
NEXT STEPS
The UAHC members and City staff will further examine these options and return to City
9.B
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Council with program details and estimated program costs at an upcoming City Council
meeting.
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City of Gilroy
STAFF REPORT
Agenda Item Title: Resolution Proclaiming the Month of June 2021 as LGBTQ Pride
Month
Meeting Date: May 3, 2021
From: Jimmy Forbis, City Administrator
Department: Administration
Submitted By: Jimmy Forbis
Prepared By: Jimmy Forbis
Strategic Plan Goals
☐ Fiscal Stability
☐ Downtown
Revitalization
☐ Economic
Development
☐ Neighborhood Services
☐ Enhanced Public
Safety
☐ Workforce Stability ☐ Public Engagement
RECOMMENDATION
1) Adopt a resolution proclaiming the month of June 2021 as LGBTQ Pride month; and
2) Direct staff to fly the LGBTQ Pride flag at the City's Civic Center during the month of
June; and
3) Direct staff to return to the May 17, 2021 City Council meeting with a recommended
flag raising policy for Council to consider.
EXECUTIVE SUMMARY
The City Council will consider proclaiming June 2021 as LGBTQ Pride Month in Gilroy
as well as consider flying the Pride flag at City Hall during the month of June 2021.
POLICY DISCUSSION
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The City Council, at its March 1, 2021 meeting, requested that Staff bring back two
items – a proclamation for LGBTQ Pride Month and consideration of flying the Pride flag
at City Hall during the month of June.
ANALYSIS
Staff has prepared a resolution that proclaims June 2021 as LGBTQ Pride Month for
Council consideration and authorizes the flying of the Pride flag.
The Pride flag, if directed by City Council will fly under the City’s flag at the City Hall
flagpole. The City currently has no formal policy on flag flying request and there is no
record of any previous request to fly flags at City Hall.
Should Council approve the resolution, it is recommended that Council direct staff to
return to Council with a draft policy that would provide guidelines when consider ing flag
flying requests in the future.
Attached are letters of support from State Senator Laird (17 th District) and
Assemblymember Rivas (30th District).
ALTERNATIVES
Council could decide to not approve the resolution.
FISCAL IMPACT/FUNDING SOURCE
None.
Attachments:
1. Assemblymember Rivas Letter of Support
2. State Senator Laird Letter of Support
3. LGBTQ Resolution
10.A
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April 26, 2021
Honorable Mayor Marie Blankley & Gilroy City Council Members
City of Gilroy
7351 Rosanna St
Gilroy, CA 95020
Re: Letter of Support for Resolution relating to June LGBTQ Pride Month & Raising of the Pride Flag at Public
Facilities
Dear Mayor Blankley and Members of the Gilroy City Council:
I write to express my strong support for your Resolution to recognize June as LGBTQ Pride Month & Raising of the
Pride Flag at Public Facilities. The actions described in the resolution will heighten awareness of LGBTQ Pride Month,
as well as celebrate diversity, equity, social justice and inclusion.
The rainbow flag serves as a symbol of LGBTQ pride and an historical social movement. The LGBTQ Pride Month
events attract millions of participants around the world. Memorials are held during this month for those members of
the community who have been lost to hate crimes or HIV/AIDS. Celebrations include pride parades, picnics, parties,
workshops, symposia and concerts. The purpose of the commemorative month is to recognize the impact that
lesbian, gay, bisexual and transgender individuals have had on history locally, nationally and internationally.
All children should be able to attend school in a safe and inclusive environment free from discrimination. Civil rights
laws and Title 1, Chapter 2 of the California Education Code reaffirm our state’s commitment to creating these safe
and inclusive environments. The lack of awareness and understanding of issues facing LGBTQ children and youth has
contributed to higher rates of school dropout, academic failure, suicide, and school disengagement. Education
regarding LGBTQ issues increases understanding and cultivates respect for LGBTQ students and cultivates a culture of
allyship.
Acts of hatred against LGBTQ members of our community will not be tolerated; hate and discrimination have no part
in our community. The month of June is a time to celebrate our dynamic LGBTQ community, raise awareness of
quality services, and foster a dialogue to promote healthy and safe communities for all. For all these reasons, I
express my strong support of this resolution.
Sincerely,
ROBERT RIVAS
Assemblymember, District 30
State of California
10.A.a
Packet Pg. 64 Attachment: Assemblymember Rivas Letter of Support (3223 : LGBTQ Pride Month)
April 23rd, 2021
Honorable Mayor & Gilroy City Council Members
City of Gilroy
7351 Rosanna St
Gilroy, CA 95020
Re: Resolution of June LGBTQ+ Pride Month & Raising of the Pride Flag at Public Facilities -Support
I write to express my strong support in your Resolution to recognize June as LGBTQ+ Pride Month &
Raising of the Pride Flag at Public Facilities, which will heighten awareness of LGBTQ+ Pride Month, as well
as celebrate diversity, equity, social justice and inclusion. I had the honor of serving as one of the first
openly gay mayors in the United States starting in 1983 and currently serve as the State Senator for
District 17. In the past 40 years in public service, I have fought for LGBTQ rights in countless ways.
Currently, I am authoring Senate Bill 258, the HIV & Aging Act aimed to help LBGTQ Seniors by adding HIV
status to the definition of greatest social need.
The rainbow flag, also known as the LGBTQ+ pride flag, serves as a symbol of Lesbian, Gay, Bisexual,
Transgender, and Questioning pride and LGBTQ+ social movement. Today, celebrations include pride
parades, picnics, parties, workshops, symposia and concerts. The LGBTQ+ Pride Month events attract
millions of participants around the world. Memorials are held during this month for those members of the
community who have been lost to hate crimes or HIV/AIDS. The purpose of the commemorative month is
to recognize the impact that lesbian, gay, bisexual and transgender individuals have had on history locally,
nationally and internationally.
All children should be able to attend school in a safe and inclusive environment free from discrimination.
Civil rights laws and the California Education Code sections 200-220 contribute to such environments. The
lack of awareness and understanding of issues facing LGBTQ+ children and youth has contributed to
higher rates of school dropout, academic failure, suicide and school disengagement. Education regarding
LGBTQ+ issues increase understanding and cultivates respect for LGBTQ+ students and cultivates a culture
of allyship.
Acts of hatred against LGBTQ+ members of our community will not be tolerated; hate and discrimination
have no part in our community. According to the Library of Congress the month of June is a time to
celebrate our dynamic Lesbian, Gay, Bisexual, Transgender, and Questioning (LGBTQ+) community, raise
awareness of quality services, and foster a dialogue to promote healthy and safe communities for all. I
support this Resolution and urge your “Aye” vote.
Very Truly Yours,
10.A.b
Packet Pg. 65 Attachment: State Senator Laird Letter of Support (3223 : LGBTQ Pride Month)
John Laird
State Senator, California District 17
10.A.b
Packet Pg. 66 Attachment: State Senator Laird Letter of Support (3223 : LGBTQ Pride Month)
RESOLUTION NO. 2021-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
PROCLAIMING THE MONTH OF JUNE 2021 AS LESBIAN, GAY,
BISEXUAL, TRANSGENDER, AND QUEER/QUESTIONING PRIDE
MONTH
WHEREAS, The City Council of the City of Gilroy supports the rights, freedoms, and
equality of those who are lesbian, gay, bisexual, transgender, and queer/questioning (LGBTQ+);
and
WHEREAS, LGBTQ+ activists across the country have made tremendous progress to
ensure individuals are judged on their character and not by who they love; and
WHEREAS, the City of Gilroy prides itself on being an inclusive community and will
continue to build a society where every child grows up knowing their community supports them,
is proud of them, and has a place for them exactly as they are; and
WHEREAS, the City of Gilroy encourages the celebration of LGBTQ+ Pride Month to
recognize all people in the community deserve to be treated respectfully, fairly and equally
regardless of sexual orientation or gender identity;
NOW, THEREFORE, BE IT RESOLVED that the City Council proclaims the month
of June as LGBTQ+ Pride Month and commemorates the proclamation by displaying the Pride
flag at City Hall.
PASSED AND ADOPTED this 3rd day of May, 2021 by the CITY COUNCIL OF THE
CITY OF GILROY by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
APPROVED:
Marie Blankley, Mayor
ATTEST:
10.A.c
Packet Pg. 67 Attachment: LGBTQ Resolution (3223 : LGBTQ Pride Month)
RESOLUTION NO. 2020-XX \
LeeAnn McPhillips, Interim City Clerk
10.A.c
Packet Pg. 68 Attachment: LGBTQ Resolution (3223 : LGBTQ Pride Month)
City of Gilroy
STAFF REPORT
Agenda Item Title: Authorization for the City Administrator to Execute the Countywide
AB 939 Fee Agreement and the Countywide Household Hazardous
Waste (HHW) Collection Agreement.
Meeting Date: May 3, 2021
From: Jimmy Forbis, City Administrator
Department: Administration
Submitted By: Jimmy Forbis
Prepared By: Jimmy Forbis
Strategic Plan Goals
☐ Fiscal Stability
☐ Downtown
Revitalization
☐ Economic
Development
☐ Neighborhood Services
☐ Enhanced Public
Safety
☐ Workforce Stability ☐ Public Engagement
RECOMMENDATION
Receive report and provide authorization for the City Administrator to execute the
Countywide AB 939 Fee Agreement and the Countywide Household Hazardous W aste
(HHW) Collection Agreement.
BACKGROUND
The Countywide AB 939 Fee Agreement is typically approved by the Council once
every three years and the Agreement currently in place was approved in 2018. The prior
Countywide HHW Agreement was approved by the City Council in 2018 and was
amended in 2019 and 2020 to reflect the annual allocation amount and collection dates.
The Council has historically acted annually on either an HHW agreement or an
amendment to the agreement for over 20 years.
10.B
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Countywide AB 939 Fee Agreement
For well over 20 years, Santa Clara County has collected a fee to offset each
jurisdiction’s solid waste management and HHW management expenses. Named after
the State bill that required all jurisdictions to establish recycling programs, the
Countywide AB 939 Fee is collected at waste transfer and disposal facilities by facility
operators and remitted to the County quarterly. In order for the fee to be practically
enforced, every jurisdiction in the County must approve the same agreement.
The AB 939 Fee has two components. The first component, the Program Fee of $1.50
per ton, is charged to assist in funding integrated waste management activities. The
County transfers Program Fee revenues to each jurisdiction quarterly based on the
waste tonnage emanating from the jurisdiction. The second component, the HHW Fee
of $2.60 per ton, is held by the County and used to directly offset the HHW program
costs associated with the use of the program by each jurisdiction’s residents. If HHW
Fee revenues exceed a jurisdiction’s HHW prog ram costs at the end of the fiscal year,
the remaining funds are transferred to the jurisdictions to be used to promote or support
HHW management costs.
Countywide HHW Collection Agreement
For decades, the City has met its obligation to provide for HHW m anagement by
participating in the Countywide Collection Program. This popular program provides City
residents with the opportunity to participate in several collection events each month.
The permanent collection center in San Martin has improved the conven ience
associated with these services. Over 700 Gilroy households participated in collection
events in FY20 despite many canceled events during the pandemic. FY22 participation
is expected to exceed 1,000.
The HHW Agreement includes a base assumption that 4% of each jurisdiction’s
households will participate in the program annually. Since nearly 10% of the City’s
households are anticipated to participate, an augmentation to the 4% base assumption
must be specified in Section 16 of the Agreement. Based on st aff’s anticipated
participation by City residents, an augmentation of $23,027 is recommended. As
discussed below in the fiscal impact section, this amount should be completely offset by
the revenues collection by the Countywide AB 939 Fee.
ALTERNATIVES
10.B
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The Council could decide to not approve the HHW Collection Agreement and direct staff
to further evaluate the provision of these services. There is not a viable alternative to
approving the AB 939 Fee Agreement as this is a single countywide agreement that
must be approved by every jurisdiction in the County.
FISCAL IMPACT/FUNDING SOURCE
Countywide AB 939 Fee Revenues
AB 939 Program Fee revenues of $80,000 are anticipated for FY22.
Countywide HHW Collection Revenues
It is estimated that providing HHW collection services to Gilroy residents participating in
the County program will cost approximately $125,000 in FY22. Since the HHW Fee
revenues credited to Gilroy for this purpose should total approximately $138,000, a
small surplus should be generated and will be returned to the City. If City participation is
lower than anticipated, any additional HHW Fee revenues remaining in the City’s credit
with the County, will be refunded to the City for use in promoting the program. If
participation exceeds expectations, staff will return to the Council to request an
additional augmentation and appropriation.
NEXT STEPS
The recommended action is an extension of a long -standing program with no changes
proposed so no engagement activities were conducted prior to prese nting the
amendment for Council consideration. Should the HHW Agreement be approved, staff
will continue to inform the public about the ava ilability of the County program.
Attachments:
1. AB 939 Implementation Fee Agreement FY22-FY24
2. Countywide HHW Program Agreement FY22-FY24
10.B
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Agreement for Countywide AB939
Implementation Fee FYs 2022 - 2024
Page 1 of 14
AGREEMENT FOR COUNTYWIDE
AB939 IMPLEMENTATION FEE
This Agreement is made by and among the Cities and Towns of Campbell, Cupertino,
Gilroy, Los Altos, Los Altos Hills, Los Gatos, Milpitas, Morgan Hill, Monte Sereno, Mountain
View, Palo Alto, San Jose, Santa Clara, Saratoga, and Sunnyvale (CITIES) and the County of
Santa Clara (COUNTY) on the _________ day of ____________ 2021. The term CITIES may
refer to CITIES collectively or individually.
RECITALS
WHEREAS, pursuant to Public Resources Code Section 41901, a city, county, or city
and county may impose fees in amounts sufficient to pay the costs of preparing, adopting, and
implementing a countywide integrated waste management plan;
WHEREAS, State law, Public Resource Code Section 41750, requires that the
countywide integrated waste management plans contain a household hazardous waste (“HHW”)
element for each city within the county as well as for the unincorporated area of the county;
WHEREAS, the County of Santa Clara Board of Supervisors (“Board”) has imposed a
Countywide AB939 Implementation Fee (“Fee”) since July 1, 1992 to pay for the costs of
preparing, adopting, and implementing integrated waste management plans and programs,
including HHW program elements;
WHEREAS, the Board has approved reimposing the Fee for Fiscal Years 2022, 2023,
and 2024 (July 1, 2021 through June 30, 2024) at $4.10 per ton of waste landfilled or incinerated
in the County; received at any nondisposal or collection facility located within the County and
subsequently transported for disposal or incineration outside of the County; collected from any
location within the County by a solid waste hauler operating pursuant to a franchise, contract,
license, or permit issued by any local jurisdiction and subsequently transported for disposal or
incineration outside of the County; and removed from any location in the County by any person
or business for disposal or incineration outside the County;
WHEREAS, HHW programs provide household hazardous waste management services
to residents of Santa Clara County and are necessary to meet HHW planning and management
requirements under State law;
WHEREAS, jurisdictions in Santa Clara County desire to provide safe, convenient, and
economical means for residents to properly dispose of household hazardous wastes in an
environmentally safe manner in order to avoid unauthorized or improper disposal in the garbage,
sanitary sewer, storm drain system, or on the ground or in any other manner which creates a
health or environmental hazard. These wastes include, but are not limited to, common household
products such as household cleaning products, spot remover, furniture polish, solvents, oven
cleaner, pesticides, oil based paints, motor oil, antifreeze, fluorescent lamps, and batteries; and
10.B.a
Packet Pg. 72 Attachment: AB 939 Implementation Fee Agreement FY22-FY24 (3289 : Authorization for the City Administrator to Execute the Countywide AB
Agreement for Countywide AB939
Implementation Fee FYs 2022 - 2024
Page 2 of 14
WHEREAS, the County will collect the Fee on behalf of the fifteen cities and for the
unincorporated area of the County and will apportion the Fee according to the terms of this
Agreement.
NOW THEREFORE, CITIES and COUNTY AGREE AS FOLLOWS:
1. PURPOSE
The purpose of this Agreement is to state the terms and conditions under which the
COUNTY will collect and distribute the Fee of $4.10 per ton of waste to be disposed in Fiscal
Years 2022, 2023 and 2024. The Fee is divided into two parts: 1) a Program Fee of $1.50 per
ton to assist in funding the costs of preparing, adopting, and implementing the integrated waste
management plan in the fifteen cities and the unincorporated area of the County; and 2) a
Household Hazardous Waste Fee of $2.60 per ton to provide funding to implement the
Countywide HHW Program. The Program Fee will be allocated among the CITIES and
COUNTY as described in Exhibit B, attached hereto and incorporated herein. The HHW Fee
will be allocated to the COUNTY, CITIES, and Countywide HHW Program as described in
Exhibit C, attached hereto and incorporated herein. The Fee shall be imposed on each ton of
waste landfilled or incinerated within the County; received at any non-disposal or collection
facility located within the County and subsequently transported for disposal or incineration
outside of the County; collected from any location within the County by a solid waste hauler
operating pursuant to a franchise, contract, license, or permit issued by any local jurisdiction and
subsequently transported for disposal or incineration outside of the County; or removed from any
location in the County by any person or business for disposal or incineration outside the County.
Non-Disposal Facilities are defined as those facilities included in the County of Santa Clara Non-
Disposal Facility Element (and subsequent amendments to that Element) and are listed in Exhibit
A, attached hereto and incorporated herein.
2. SERVICES PROVIDED BY COUNTY
COUNTY will collect and distribute the Fee. COUNTY will collect the Fee from
landfills and non-disposal facilities listed in Exhibit A, and any landfill or non-disposal facility
subsequently permitted, on a quarterly basis using data from tonnage reports filed by landfill and
non-disposal facility operators with the County Recycling and Waste Reduction Division.
COUNTY shall require each landfill and non-disposal facility to submit required payment,
documentation of tonnages disposed, and state-mandated Disposal Reporting System Reports on
a quarterly basis, within 45 days of the end of each calendar quarter. Late submissions and/or
payments shall be subject to a late filing penalty and delinquent penalties. COUNTY will
research Santa Clara County tonnage reported to COUNTY by landfills outside the COUNTY in
significant amounts to determine the identity of the hauler. That hauler will subsequently be
billed in the same fashion subject to the same penalties as mentioned above. Collected funds and
any late filing payments and delinquency penalties shall be distributed to CITIES and
Countywide HHW Program based on the formula set forth in Exhibits B and C. COUNTY shall
not be obligated to distribute funds that COUNTY has been unable to collect from landfill or
non-disposal facility operators.
/ /
10.B.a
Packet Pg. 73 Attachment: AB 939 Implementation Fee Agreement FY22-FY24 (3289 : Authorization for the City Administrator to Execute the Countywide AB
Agreement for Countywide AB939
Implementation Fee FYs 2022 - 2024
Page 3 of 14
3. ROLE OF CITIES
CITIES shall review the Disposal Reporting System Reports as prepared and submitted
by the COUNTY and within 30 days of receipt shall report to COUNTY, with appropriate
documentation, errors in waste allocations among jurisdictions.
4. COLLECTION AND USE OF FEE
Each ton of waste will be subject to the fee if it is landfilled or incinerated in the County;
received at any non-disposal facility or collection facility in the County and subsequently
transported for disposal or incineration outside the County; collected from any location within
the County by a solid waste hauler operating under franchise, contract, license, or permit issued
by a local jurisdiction and subsequently transported for disposal or incineration outside the
County; or removed from any location in the County by any person or business for disposal or
incineration outside the County. Best efforts will be made to prevent tonnage from being
assessed a double fee (for instance, once at a non-disposal facility and again at a landfill within
Santa Clara County). The Program Fee funding share paid to CITIES shall be used to assist in
funding the CITIES’ costs of preparing, adopting, and implementing the integrated waste
management plan of each of the CITIES and the unincorporated area of the COUNTY. The
HHW Fee portion shall be applied to fund the costs of CITIES’ share of Countywide Household
Hazardous Waste services; any HHW fees directly disbursed to CITIES as provided in this
Agreement shall be used to fund the costs of preparing, adopting, and implementing the
jurisdiction’s HHW element of the Countywide integrated waste management plan, including
providing HHW services to residents.
5. INSURANCE
Each party shall maintain its own insurance coverage, through third party insurance, self-
insurance or a combination thereof, against any claim, expense, cost, damage or liability arising
out of the performance of its responsibilities pursuant to this Agreement. CITIES agree to
provide evidence of such insurance to COUNTY via Certificate of Insurance or other
documentation acceptable to the COUNTY upon request.
6. INDEMNIFICATION
In lieu of and not withstanding the pro rata risk allocation which might otherwise be
imposed between CITIES and COUNTY pursuant to Government Code Section 895.6, the
parties agree that all losses or liabilities incurred by a party shall not be shared pro rata but
instead the parties agree that each of the parties hereto shall fully indemnify and hold each of the
other parties harmless from any claim, expense or cost, damage or liability arising out of, or in
connection with, performance of its responsibilities pursuant to this Agreement and as described
in Exhibit D.
Additionally, CITIES shall indemnify, hold harmless, and defend COUNTY, its officers,
agents, and employees with respect to any loss, damage, liability, cost or expenses, including
attorney fees and court costs, arising from any misuse of the Fee distributed to CITIES.
COUNTY shall indemnify, hold harmless, and defend CITIES, its officers, agents, and
10.B.a
Packet Pg. 74 Attachment: AB 939 Implementation Fee Agreement FY22-FY24 (3289 : Authorization for the City Administrator to Execute the Countywide AB
Agreement for Countywide AB939
Implementation Fee FYs 2022 - 2024
Page 4 of 14
employees with respect to any loss, damage, liability, cost or expenses, including attorney fees
and court costs, brought by third parties based on COUNTY’s sole negligence in the collection
or distribution of said Fees.
7. DISTRIBUTION OF FEE
COUNTY shall distribute the AB939 Program Fee to CITIES and the HHW Program Fee
to the Countywide HHW Program pursuant to the formulas described in Exhibits B and C within
45 days of receipt of landfill and non-disposal facility payments and disposal documentation
required for calculation of Fee distribution amounts. Distributions shall begin December 15,
2021, and continue quarterly through October 15, 2024.
8. PARTICIPATION IN THE COUNTYWIDE HHW PROGRAM
CITIES, at their option, may individually participate in the Countywide HHW Program by
entering into the AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS
WASTE COLLECTION PROGRAM.
9. LATE PAYMENTS
If Fee payments and disposal documentation are not received from landfill or non-
disposal facility operators prior to scheduled distribution of payments to CITIES and the
Countywide HHW Program, payment distribution shall be calculated on a pro rata share of
monies received. Upon collection, late payments and accrued delinquent penalties, if any, shall
be distributed among CITIES and the Countywide HHW Program according to the formula in
Exhibits B and C.
10. ACCOUNTING
COUNTY shall maintain records of all transactions related to collection, use and
distribution of the Fee for at least five (5) years after the termination date of this Agreement,
unless otherwise required by law to retain such records for a longer period. Such records will be
available for inspection upon written request by CITIES, and will include but not be limited to
tonnage reports submitted by landfills and non-disposal facilities, waste stream documentation
provided by cities, payments made by the landfills and non-disposal facilities to the COUNTY
and by the COUNTY to CITIES, and expenditures for programmatic and overhead costs.
11. REQUEST FOR REVIEW
In the event CITIES have a dispute regarding the calculation of its share of the Fee or the
distribution or use of the Fee, CITIES may request in writing a review by COUNTY within 10
days of receipt of their Fee allocation. The review shall be performed within 30 days of request
and results shall be reported to CITIES in writing.
12. EFFECTIVE DATE OF AGREEMENT
This agreement is effective upon approval by all fifteen CITIES and the COUNTY.
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13. AMENDMENT
This Agreement may be amended only by an instrument signed by all fifteen CITIES and
the COUNTY.
14. INDEPENDENT CONTRACTOR
Each party shall perform responsibilities and activities described herein as an
independent contractor and not as an officer, agent, servant or employee of any of the parties
hereto. Each party shall be solely responsible for the acts and omissions of its officers, agents,
employees, contractors and subcontractors, if any. Nothing herein shall be considered as
creating a partnership or joint venture between the parties.
15. TERM OF AGREEMENT
The term of this Agreement shall be from July 1, 2021 to June 30, 2024, or until all funds
from the last quarter’s Fee payments have been distributed, whichever is later. COUNTY shall
bill the operators of the landfills and non-disposal facilities listed in Exhibit A for the Fee
commencing with the Quarter ending September 30, 2021. Said landfills and non-disposal
facilities will be billed for the Fee through June 30, 2024.
16. NOTICES
All notices required by this Agreement will be deemed given when in writing and
delivered personally or deposited in the United States mail, postage prepaid, return receipt
requested, addressed to the other party at the address set forth below or at such address as the
party may designate in writing in accordance with this section.
City of
Contact:
Title:
Address:
County of Santa Clara
Contact: Recycling and Waste Reduction Program Manager
Recycling and Waste Reduction Division
Address: 1555 Berger Drive, Suite 300
San Jose, CA 95112
17. CONTROLLING LAW
This Agreement shall be governed and construed in accordance with the laws of the
State of California.
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Gilroy
Jimmy Forbis
City Administrator
7351 Rosanna Street, Gilroy, CA 95020
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18. ENTIRE AGREEMENT
This document embodies the entire Agreement between the parties with respect to the
subject matter hereof. No modification of this Agreement shall be effective unless and until
modification is evidenced by writing signed by all parties or their assigned designees.
19. COUNTERPARTS
This Agreement may be executed in one or more counterparts, each of which shall be
deemed to be an original, but all of which together shall constitute one and the same instrument.
20. CONTRACT EXECUTION
Unless otherwise prohibited by law or County policy, the parties agree that an electronic
copy of a signed contract, or an electronically signed contract, has the same force and legal effect
as a contract executed with an original ink signature. The term “electronic copy of a signed
contract” refers to a transmission by facsimile, electronic mail, or other electronic means of a
copy of an original signed contract in a portable document format. The term “electronically
signed contract” means a contract that is executed by applying an electronic signature using
technology approved by the County.
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IN WITNESS WHEREOF, the parties have executed this AGENCY AGREEMENT
FOR COUNTYWIDE AB939 IMPLEMENTATION FEE on the dates as stated below:
Date: COUNTY OF SANTA CLARA
MIKE WASSERMAN, President
Board of Supervisors
Date: “CITY”
CITY/TOWN OF
Title
A municipal corporation
Signed and certified that a copy of this
document has been delivered by electronic
or other means to the President, Board of
Supervisors
ATTEST:
MEGAN DOYLE
Clerk of the Board of Supervisors
APPROVED AS TO FORM AND LEGALITY:
STEPHANIE SAFDI
Deputy County Counsel
Gilroy
City Administrator
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EXHIBIT A
LANDFILLS LOCATED IN SANTA CLARA COUNTY
Guadalupe Rubbish Disposal Site
Kirby Canyon Sanitary Landfill
Newby Island Sanitary Landfill
Zanker Materials Processing Facility
Zanker Road Landfill
NON-DISPOSAL FACILTIES AND TRANSFER STATIONS LOCATED IN
SANTA CLARA COUNTY
California Waste Solutions Recycling & Transfer Station
City of Palo Alto Green Composting Facility
Environmental Resource Recovery, Inc. (Valley Recycling)
Green Earth Management LLC Kings Row Recycling Facility
Green Waste Materials Facility and Transfer Station
Green Waste Recovery Facility
GreenTeam of San Jose Material Recovery Facility and Transfer Station
Guadalupe Landfill
Lam Hauling Inc. Chipping and Grinding
Lam Hauling Inc. Inert Debris Type A
Leo Recycle
Material Recovery Systems Facility
Mission Trail Waste Systems, Inc.
Newby Island Compost Facility
Pacheco Pass Transfer Station
Pacific Coast Recycling, Inc.
Premier Recycle Facility
Recology Silicon Valley Processing and Transfer Facility
The Recyclery at Newby Island
San Martin Transfer Station
Smurfit-Stone Recycling San Jose Facility
South Valley Organics
Stanford Recycling Center and Direct Transfer Facility
Sunnyvale Materials Recovery and Transfer Station (SMaRT Station)
Valley Recycling San Jose CDI Processing/Transfer Facility
Wood Processing Facility at Recology Pacheco Pass
Z-Best Composting Facility
Zanker Materials Processing Facility
Zanker Road Class III Landfill
Zero Waste Energy Development Company Anaerobic Digestion Facility
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EXHIBIT B
FORMULA FOR DISTRIBUTION OF AB939 PROGRAM FEE
Each of the CITIES, and the COUNTY for its unincoporated area, will receive $1.50 per
ton of solid waste disposed of in landfills or taken to non-disposal facilities located in Santa
Clara County that originates from that jurisdiction, as documented in quarterly reports submitted
by the County to the State Disposal Reporting System.
Fees collected from undocumented disposed tonnage, or tonnage originating outside of
Santa Clara County, will be distributed according to each jurisdiction’s percent of countywide
population, according to the latest available population report issued by the California
Department of Finance.
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EXHIBIT C
COUNTYWIDE HOUSEHOLD HAZARDOUS
WASTE PROGRAM FEE (HHW Fee)
1. PROGRAM FUNDING SOURCE
HHW Program services are mandated by State law, Public Resources Code Section
41500 et seq. Public Resources Code Section 41901 authorizes imposition of a fee to support
planning and implementation of integrated waste management programs, including their HHW
elements. The HHW Fee, of $2.60 per ton, collected as part of the AB939 Implementation Fee,
will be the primary source of funding for Countywide Household Hazardous Waste Collection
Program (CoHHW Program) services.
Funds derived from the HHW Fee will be allocated among five types of CoHHW
Program service costs as follows:
A. Fixed Program Costs will be apportioned based on the number of households in each
participating jurisdiction. The number of households will be determined at the beginning
of each Fiscal Year by statistics compiled by the California Department of Finance,
Demographic Research Unit from their most recent Report, “Population Estimates for
California Cities and Counties.”
B. San Jose Facility Use Surcharge will be apportioned based on CITIES’ anticipated
participation at the County Household Hazardous Waste Collection Facility located at
1608 Las Plumas Avenue, San Jose.
C. Variable Cost Per Car is the cost associated with labor, waste disposal, transportation,
and other services provided to residents at the County HHW Collection Facilities and at
temporary HHW collection events. The Variable Cost Per Car is based on the estimated
cost of providing a base level service to 4% of households in all participating
jurisdictions. The number of households will be determined at the beginning of each
Fiscal Year by statistics compiled by the California Department of Finance, Demographic
Research Unit from their most recent Report, “Population Estimates for California Cities
and Counties.”
D. Available Discretionary Funding is allocated based on tonnage generated per
participating jurisdiction, and after allocation of Fixed Program Costs, San Jose Facility
Use Surcharge, and Variable Cost Per Car allocation.
E. Abandoned Waste Disposal Costs will fund disposal of HHW illegally abandoned at
Nonprofit Charitable Reuser organizations as defined in Public Resources Code Section
41904.
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2. FIXED PROGRAM COST
Funds shall be allocated on a per household basis for Fixed Program Costs at the
conclusion of each Fiscal Year. This portion of the funds shall be distributed directly to the
Countywide HHW Program to pay for HHW Program costs. Fixed Program Costs funding shall
be calculated shall not exceed $3.75 per household in Fiscal Years 2022, 2023, and 2024. Fixed
Program Costs may include, but are not limited to eleven (11) CoHHW Program staff members,
facility leasing costs, vehicle lease costs, office rent, office supplies, county administrative
overhead, county legal counsel, training costs, equipment and facility maintenance, and union
negotiated salary and benefit changes.
3. ABANDONED WASTE DISPOSAL COST
The Abandoned Waste Disposal Cost will fund disposal of HHW illegally abandoned at
Nonprofit Charitable Reuser organizations. The Abandoned Waste Disposal Cost is based on the
cost to the County to dispose of abandoned waste allocated among participating jurisdictions
based on their proportional share of the County population and shall not exceed $0.05 per
household. Projected Abandoned Waste Disposal Costs to the CITY based on a charge of $.05
per household are set forth in Attachment A, attached hereto and incorporated herein.
Any existing unexpended non-profit abandoned waste fund balance may be allocated toward
funding of disposal of HHW illegally abandoned at nonprofit charitable reuser organizations as
defined in Public Resources Code Section 41904.
For the purposes of this agreement, a nonprofit charitable reuse organization has the
definition provided in Public Resources Code Section 41904 as follows: “Nonprofit charitable
reuser” means a charitable organization, as defined in Section 501(c)(3) of the federal Internal
Revenue Code, or a distinct operating unit or division of the charitable organization, that reuses
and recycles donated goods or materials and receives more than 50 percent of its revenues from
the handling and sale of those donated goods or materials.
4. SAN JOSE FACILITY USE SURCHARGE
The total San José Facility Use Surcharge for CITY will be based on CITY residents’
proportional participation at the County Household Hazardous Waste Collection Facility located
at 1608 Las Plumas Avenue, San José. The San José Facility Use Surcharge will vary depending
on facility usage but will not exceed $8.29 per car for Fiscal Years 2022, 2023, and 2024. The
total San Jose Facility Use Surcharge for CITY will be based on CITY’s participation at the
County Household Hazardous Waste Collection Facility located at 1608 Las Plumas Avenue,
San Jose.
5. VARIABLE COST PER CAR
The Variable Cost Per Car is the cost associated with actual labor, waste disposal,
transportation and other services provided to the residents at the County HHW Collection
Facilities and Temporary Events. This portion of the funds shall be distributed directly to the
Countywide HHW Program. The Variable Cost Per Car is estimated to be $58.20 per car for
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Fiscal Years 2022, 2023, and 2024. The estimated cost per car will be adjusted annually to
reflect actual service costs. After fixed costs and San Jose Facility Use Surcharge are allocated
on a per household basis, the variable cost per car will be used to calculate the costs to service
4% of households across all participating jurisdictions. If the level of 4% of households is not
reached, the Countywide HHW Program will use the remaining balance of funds, in cooperation
with the CITIES, to increase public outreach and/or provide additional services in that
jurisdiction where the level of 4% is not reached the following year.
6. AVAILABLE DISCRETIONARY FUNDING
The Available Discretionary Funding portion will be allocated based on the tons of waste
generated within each jurisdiction and after allocation of Fixed Program Cost, San Jose Facility
Use Surcharge, and Variable Per Car Cost. Available Discretionary Funds must be used for
HHW purposes. Options for how to spend these funds include, but are not limited to, increasing
the number of residents served in the jurisdiction by the Countywide HHW Program, universal
waste collection, emergency HHW services, funding HHW public education, the support of
capital infrastructure projects to accommodate HHW drop-off and collection events, or providing
special programs such as retail collection of certain waste and/or door-to-door collection of
HHW for the elderly and/or persons with disabilities and neighborhood clean-up events. CITIES
authorize the COUNTY to determine appropriate uses of available discretionary funding and to
use CITIES’ Available Discretionary Funding portion of the AB939 HHW Fee to provide for
additional HHW services requested by the CITIES.
7. PROGRAM FUNDING PASS-THROUGH
Annual funding calculations include HHW Fees collected on behalf of all jurisdictions in
the County. CITIES, at their option, may participate in the Countywide HHW Program by
entering into the AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE
COLLECTION PROGRAM. If CITIES elect to participate in the Countywide HHW Program,
their pro-rata share of the HHW Fee shall be retained by the County to utilize for HHW Program
costs, as provided in this Agreement and the Agreement for Countywide Household Hazardous
Waste Collection Program. The COUNTY will distribute to CITIES not participating in the
Countywide Household Hazardous Waste Collection Program their pro-rata share of funding
received by the COUNTY from the HHW Fee, except that the COUNTY may retain and expend
that portion of the non-participating CITIES’ fee attributable to Abandoned Waste Disposal
Costs.
If CITIES not participating in the AGREEMENT FOR COUNTYWIDE HOUSEHOLD
HAZARDOUS WASTE COLLECTION PROGRAM desire to allow residents to participate in
HHW Program services on an emergency basis, then services to these residents will be provided
on a cost recovery basis. A charge equal to the established rates charged by the Countywide
HHW Program to Conditionally Exempt Small Quantity Generators will be billed to the CITIES.
A CITIES’ representative must call the Countywide HHW Program appointment line to schedule
an appointment for the resident. Liability shall be apportioned as provided in Exhibit D to this
Agreement.
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EXHIBIT D
SECTION 28 OF AGENCY AGREEMENT
FOR COUNTYWIDE HOUSEHOLD HAZARDOUS
WASTE COLLECTION PROGRAM
HOLD HARMLESS AND INDEMNIFICATION
In lieu of and not withstanding the pro rata risk allocation which might otherwise be
imposed between CITY and COUNTY pursuant to Government Code Section 895.6, the parties
agree that all losses or liabilities incurred by a party shall not be shared pro rata but instead
COUNTY and CITY agree that pursuant to Government Code Section 895.4, each of the parties
hereto shall fully indemnify and hold each of the other parties, their officers, board members,
employees and agents, harmless from any claim, expense or cost, damage or liability imposed for
injury (as defined by Government Code Section 810.8) occurring by reason of the negligent acts
or omissions or willful misconduct of the indemnifying party, its officers, employees or agents,
under or in connection with or arising out of any work, authority or jurisdiction delegated to such
party under this Agreement. No party, nor any officer, board member, employee or agent thereof
shall be responsible for any damage or liability occurring by reason of the negligent acts or
omissions or willful misconduct of the other parties hereto, their officers, board members,
employees or agents, under or in connection with or arising out of any work authority or
jurisdiction delegated to such other parties under this Agreement.
Additionally, CITY shall indemnify COUNTY for CITY’s apportioned share of any
liability incurred and attributed to the Countywide HHW Program for the transportation,
treatment, or disposal of the household hazardous waste, once the waste has been accepted by a
licensed hazardous waste hauler. Apportionment for disposal liability shall be determined by
each participating jurisdiction’s pro rata proportion of household participation in the Program.
Apportionment for transportation and treatment liability shall be determined by each
participating jurisdiction’s pro rata household participation at the event where the waste was
generated. COUNTY will use reasonable efforts to obtain recovery from all available resources,
including insurance, of any liable hauler or liable disposal facility operator. No liability shall be
apportioned to CITY for transportation, treatment or disposal in any case where COUNTY has
contracted for such services and has failed to require the contractor to maintain the insurance
requirements set forth in Section 23 of the AGREEMENT FOR COUNTYWIDE
HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM.
CITY shall further indemnify COUNTY for CITY’s apportioned share of liability
incurred and attributed to the Countywide HHW Program for the transportation, treatment or
disposal of household hazardous waste at corporate sponsored events where non-county resident
employees of the corporate sponsor are authorized to participate in the event. Liability for the
nonresident portion of the disposal of waste shall be shared by the cities and the county as
described above. The nonresident portion shall be determined by calculating the percentage of
nonresidents participating in the event. This percentage will then be subtracted from the total
liability for the household hazardous waste prior to assessing CITY’s apportioned share of any
liability for the household hazardous waste.
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COUNTY shall require Conditionally Exempt Small Quantity Generators (“CESQG”)
and Nonprofit Charitable Reusers to indemnify COUNTY for, at minimum, their apportioned
share of any liability incurred and attributed to the Countywide HHW Program for the
transportation, treatment, or disposal of their hazardous waste, once the waste has been accepted
by a licensed hazardous waste hauler. The CESQG and Nonprofit Charitable Reuser portion of
the waste shall be determined by calculating the percentage, by weight, of the total household
hazardous waste accepted by the CoHHW Program. This percentage will be used to calculate
the portion of liability attributed to CESQGs and Nonprofit Charitable Reusers and will be
subtracted from the total liability prior to assessing CITY’s apportioned share of any liability for
household hazardous waste.
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AGREEMENT FOR COUNTYWIDE
HOUSEHOLD HAZARDOUS WASTE
COLLECTION PROGRAM
This Agreement is made by and between the (CITY) and the
County of Santa Clara (COUNTY) on the day of 2021.
RECITALS
WHEREAS, the County Board of Supervisors has approved a Countywide Household
Hazardous Waste Collection Program whereby residents of the County and cities and towns
participating in the Countywide program will have an opportunity to safely dispose of household
hazardous wastes (HHW), regardless of the specific location at which the collection has been
scheduled; and
WHEREAS, CITY desires to provide residents with convenient opportunities to safely
dispose of their HHW in order to encourage the proper disposal of toxic products, and avoid
unauthorized or improper disposal in the garbage, sanitary sewer, storm drain system, or on the
ground, in a manner which creates a health or environmental hazard; and
WHEREAS, CITY desires to provide a safe, convenient, and economical means for
residents to dispose of HHW. These wastes include, but are not limited to, common household
products such as household cleaning products, furniture polish, solvents, oven cleaner,
pesticides, oil based paints, motor oil, antifreeze, car batteries, mercury thermostats, fluorescent
lamps, household batteries, and electronic waste; and
WHEREAS, CITY desires to schedule Household Hazardous Waste Collection Events
(Events) for residents for FY 2022 through FY 2024 (July 1, 2021 – June 30, 2024); and
WHEREAS, CITY desires to provide household hazardous waste collection services to a
minimum of 4% of the households per fiscal year in its jurisdiction; and
WHEREAS, CITY desires to participate in the Countywide Household Hazardous Waste
Collection Program to meet these objectives; and
WHEREAS, pursuant to Public Resources Code Section 41901, the County Board of
Supervisors has approved the collection of a $4.10 per ton Countywide AB939 Implementation
fee, including a $2.60 per ton Household Hazardous Waste Fee (AB939 HHW Fee), for FY 2022
through FY 2024 (July 1, 2021 – June 30, 2024) on all wastes landfilled or incinerated within the
County, received at any non-disposal or collection facility located within the County and
subsequently transported for disposal or incineration outside of the County, collected from any
location within the County by a solid waste hauler operating pursuant to a franchise, contract,
license, or permit issued by any local jurisdiction and subsequently transported for disposal or
incineration outside of the County, or removed from any location in the county by any person or
business for disposal or incineration outside the County; and
City of Gilroy
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WHEREAS, the AB939 HHW Fee is allocated to the Countywide Household Hazardous
Waste Program and participating jurisdictions to fund HHW program costs in accordance with
the terms of the Countywide AB939 Implementation Fee Agreement; and
WHEREAS, CITY desires for COUNTY to utilize CITY’s share of the AB939 HHW
Fee to provide HHW services for CITY residents.
NOW THEREFORE, CITY and COUNTY AGREE AS FOLLOWS:
1. PURPOSE
The purpose of this Agreement is to state the terms and conditions under which CITY
will participate in the Countywide Household Hazardous Waste Collection Program (CoHHW
Program) available to its residents. Participating jurisdictions are those jurisdictions that enter
into an AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE
COLLECTION PROGRAM with the County.
2. PROGRAM FUNDING SOURCE
HHW Program services are mandated by State law, Public Resources Code Section
41500 et seq. State law authorizes cities and counties to impose fees in amounts sufficient to
support planning and implementation of integrated waste management programs, including
HHW elements. The AB939 HHW Fee, of $2.60 per ton, imposed by the County as part of the
AB939 Implementation Fee and collected and distributed in accordance with the AGREEMENT
FOR COUNTYWIDE AB939 IMPLEMENTATION FEE will be the primary source of funding
for CoHHW Program services. CITY agrees that COUNTY may utilize CITY’s share of the
AB939 HHW fee to provide HHW Program services in accordance with the terms and conditions
of this Agreement.
Funds derived from the AB939 HHW Fee will be allocated among five types of CoHHW
Program service costs as follows:
A. Fixed Program Costs will be apportioned based on the number of households in
each participating jurisdiction. The number of households will be determined at
the beginning of each Fiscal Year by statistics compiled by the California
Department of Finance, Demographic Research Unit from their most recent
Report, “Population Estimates for California Cities and Counties.”
B. San José Facility Use Surcharge will be apportioned based on CITY residents’
participation at the County Household Hazardous Waste Collection Facility
located at 1608 Las Plumas Avenue, San José, CA 95133.
C. Variable Cost Per Car is the cost associated with labor, waste disposal,
transportation, and other services provided to residents at the County HHW
Collection Facilities and at temporary HHW collection events. The Variable Cost
Per Car is based on the estimated cost of providing a base level service to 4% of
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households in all participating jurisdictions. The number of households will be
determined at the beginning of each Fiscal Year by statistics compiled by the
California Department of Finance, Demographic Research Unit from their most
recent Report, “Population Estimates for California Cities and Counties.”
D. Available Discretionary Funding is allocated based on tonnage generated per
participating jurisdiction, and after allocation of Fixed Program Costs, San Jose
Facility Use Surcharge, and Variable Cost Per Car allocation.
E. Abandoned Waste Disposal Costs will fund disposal of HHW illegally abandoned
at Nonprofit Charitable Reuser organizations as defined in Public Resources Code
Section 41904.
The projected AB939 HHW Fee Allocation by jurisdiction is set out in Attachment A,
attached hereto and incorporated herein.
3. FIXED PROGRAM COST
Estimated HHW Fixed Program Costs are projected in Attachment B, attached hereto and
incorporated herein. Fixed Program Costs are allocated to CITY at the conclusion of each fiscal
year based on CITY’s proportional share of the County population and will not exceed $3.75 per
household for Fiscal Years 2022, 2023, and 2024. Fixed Program Costs may include, but are not
limited to, up to eleven (11) County HHW Program staff members, facility lease costs, vehicle
lease costs, office rent, office supplies, county administrative overhead, county legal counsel,
training costs, equipment and facility maintenance and union negotiated salary and benefit
changes.
4. ABANDONED WASTE DISPOSAL COST
The Abandoned Waste Disposal Cost will fund disposal of HHW illegally abandoned at
Nonprofit Charitable Reuser organizations. The Abandoned Waste Disposal Cost is based on the
cost to the County to dispose of abandoned waste allocated among participating jurisdictions
based on their proportional share of the County population and shall not exceed $0.05 per
household. Projected Abandoned Waste Disposal Costs to the CITY based on a charge of $.05
per household are set forth in Attachment A, attached hereto and incorporated herein.
For the purposes of this Agreement, “Nonprofit Charitable Reuser Organization” is
defined in accordance with Public Resources Code Section 41904 as follows: a charitable
organization, as defined in Section 501(c)(3) of the federal Internal Revenue Code, or a distinct
operating unit or division of the charitable organization, that reuses and recycles donated goods
or materials and receives more than 50 percent of its revenues from the handling and sale of
those donated goods or materials.
5. SAN JOSÉ FACILITY USE SURCHARGE
The total San José Facility Use Surcharge for CITY will be based on CITY residents’
proportional participation at the County Household Hazardous Waste Collection Facility located
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at 1608 Las Plumas Avenue, San José. Estimated San José Facility Use Surcharges are projected
in Attachment A, attached hereto and incorporated herein. The San José Facility Use Surcharge
will vary depending on facility usage but will not exceed $8.29 per car for Fiscal Years 2022,
2023, and 2024.
6. VARIABLE COST PER CAR
The Variable Cost Per Car is the cost associated with actual labor, waste disposal,
transportation and other services provided to the residents at the County Household Hazardous
Waste Collection Facilities (CoHHWCF) and at Temporary Events. The Variable Cost Per Car is
estimated to be approximately $58.20 per participating resident car for Fiscal Years 2022, 2023
and 2024. The estimated cost per car will be adjusted to reflect actual service costs. After Fixed
Program Costs and San José Facility Use Surcharge are allocated on a per household basis, the
Variable Cost Per Car will be used to calculate the costs to service 4% of households across all
participating jurisdictions. If the level of 4% of households is not reached in the CITY, the
CoHHW Program may use the remaining balance of funds, in cooperation with the CITY, to
increase public outreach and/or provide additional services in that jurisdiction the following year.
7. AVAILABLE DISCRETIONARY FUNDING
The Available Discretionary Funding portion of the AB939 HHW Fee will be allocated
based on the tons of waste generated within each jurisdiction, and after allocation of Fixed
Program Costs, San José Facility Use Surcharge, and Variable Cost Per Car allocation.
Available Discretionary Funds must be used for HHW purposes. Options for how to spend these
funds include, but are not limited to, increasing the number of residents served in that
jurisdiction by the CoHHW Program, subsidizing curbside used motor oil collection, electronic
waste (e-waste) collection, universal waste collection, emergency HHW services, funding HHW
public education, the support of capital infrastructure projects to accommodate HHW drop-off
and collection events, or providing special programs such as retail collection of certain waste
and/or door-to-door collection of HHW for the elderly and/or persons with disabilities and
neighborhood clean-up events. COUNTY has discretion to determine appropriate uses of
Available Discretionary Funding in accordance with the terms and conditions in this Agreement,
and to apply the funding toward those uses.
8. ADMINISTRATION AND PAYMENT OF THE AB939 HHW FEE
The County of Santa Clara Recycling and Waste Reduction Division will administer the
AB939 HHW Fee, as part of the existing online disposal reporting and payment system.
Administration and payment will be made in accordance with the AGREEMENT FOR
COUNTYWIDE AB939 IMPLEMENTATION FEE and this Agreement. Notwithstanding the
foregoing, the COUNTY shall maintain records of the amount, use, and distribution of Fixed
Program Cost expenditures for at least five (5) years after the termination date of this Agreement,
unless otherwise required by law to retain such records for a longer period. CITY may request in
writing a review by COUNTY of the Fixed Program Cost records. The review shall be
performed within 30 days of request and results shall be reported to participating cities in
writing.
10.B.b
Packet Pg. 89 Attachment: Countywide HHW Program Agreement FY22-FY24 (3289 : Authorization for the City Administrator to Execute the Countywide AB
Agreement for Countywide Household
Hazardous Waste Collection Program Page 5 of 26
9. PROGRAM PUBLICITY
The CoHHW Program shall produce and make available to the public an HHW brochure
for distribution. The brochure will be made available at various events, including but not limited
to, environmental events and community fairs. The brochure may also be distributed, upon
request, to cities within the County and to County residents and businesses. The CITY shall be
responsible for developing and coordinating citywide awareness of the HHW Program. The
CoHHW Program shall be responsible for Countywide public education for used oil recycling.
CoHHW Program public awareness responsibilities shall include, but not be limited to, the
following activities:
Serving as the formal contact to the local media such as local newspapers and
television news stations;
Providing participating jurisdictions with educational materials developed for the
CoHHW Program;
Promoting oil and oil filter recycling by developing, purchasing, and distributing
educational materials, media relations materials, basic art work and camera ready
advertising materials for distribution countywide and for use by jurisdictions;
Representing the program through educational presentations at schools and
businesses and attendance at community events such as local fairs and festivals; and
Providing participating jurisdictions opportunities to review and comment on the
development of countywide outreach materials.
CITY’s public awareness responsibilities, at the sole discretion of the CITY, shall
include, but not be limited to, the following activities:
Providing a copy of HHW promotional materials to the CoHHW Program for
review for accuracy and completeness, prior to publication;
Developing and distributing HHW promotion communications to residents for local
and CITY newsletters, newspapers and to the electronic media;
Providing the CoHHW Program with a copy of HHW promotion materials
produced by the CITY; and,
Conducting and supporting outreach and publicity to attain the goal of 4% of
households in the CITY participating in the CoHHW Program.
10. TEMPORARY HHW EVENTS
COUNTY shall conduct Temporary HHW Events at various sites located in Santa Clara
County. COUNTY shall obtain all necessary permits and licenses required for the Temporary
HHW Events and shall provide or contract for the services of properly trained, qualified
personnel and hazardous waste haulers, and shall provide or secure suitable equipment and
supplies to properly receive, package, label, haul, recycle and dispose of the household
hazardous wastes collected at the Temporary HHW Events.
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10.B.b
Packet Pg. 90 Attachment: Countywide HHW Program Agreement FY22-FY24 (3289 : Authorization for the City Administrator to Execute the Countywide AB
Agreement for Countywide Household
Hazardous Waste Collection Program Page 6 of 26
11. HOUSEHOLD HAZARDOUS WASTE COLLECTION FACILITIES
COUNTY shall conduct collection operations at two County Household Hazardous
Waste Collection Facilities (CoHHWCF).
The CoHHWCF are located at:
San Martin, 13055 Murphy Avenue, San Martin, CA 95046
San José, 1608 Las Plumas, San José, CA 95133
The COUNTY shall obtain all necessary permits and licenses required for the
CoHHWCF and shall provide or contract for services, equipment, and supplies to properly
receive, package, label, haul, recycle and dispose of wastes collected.
12. SMALL BUSINESS RECYCLING AND DISPOSAL PROGRAM
COUNTY will provide services to accept hazardous waste from Conditionally Exempt
Small Quantity Generators (CESQG) in accordance with California Health and Safety Code
Section 25218.3, as amended from time to time. Eligible businesses within the County will be
allowed to bring their hazardous waste to CoHHWCF. These services to businesses located
within the CITY will be provided on a cost recovery basis, which will include program
administration, on-site collection, transportation, and disposal costs. COUNTY will assume
responsibility for fee collection from participating businesses. The CITY may choose to pay for
services for CESQG’s within the City of San José and will notify the COUNTY in writing with
30-day advance notice in order to exercise this option. If the CITY exercises this option, the
COUNTY will invoice the CITY for all costs associated with CSQG’s within the CITY. If CITY
has available Discretionary Funding, COUNTY may use this funding to pay for CESQG costs.
For purposes of this Agreement, CESQG has the meaning provided by Health and Safety Code
Section 25218.1.
13. ABANDONED HOUSEHOLD HAZARDOUS WASTE
The CoHHW Program will allow for the disposal of abandoned HHW by government
agencies and qualified nonprofit charitable reusers. Abandoned HHW means HHW left at a
property by an unknown party. Abandoned household hazardous waste does not include waste
generated by a known organization or agency in the course of normal business operations such
as, but not limited to, the assembly or manufacture of products from new or used materials or the
provision of charitable services such as classroom education, meal preparation, and shelter, or
the provision of services for a fee.
A) GOVERNMENT AGENCIES
Government agencies shall be charged for disposal of abandoned HHW according
to the CoHHW Program’s published rates for CESQGs.
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Packet Pg. 91 Attachment: Countywide HHW Program Agreement FY22-FY24 (3289 : Authorization for the City Administrator to Execute the Countywide AB
Agreement for Countywide Household
Hazardous Waste Collection Program Page 7 of 26
B) NONPROFIT CHARITABLE REUSER
In order to qualify as a Nonprofit Charitable Reuser, the business must submit to
the County Executive a request to be so designated. The County Executive shall
review the request and supporting documentation and shall make a final decision
on the designation. COUNTY will accept abandoned HHW from Nonprofit
Charitable Reusers and will waive disposal fees on the cost of disposal of the
abandoned HHW in an annual amount not to exceed funds available from the
existing unexpended abandoned waste fund. Funding for disposal available to
Nonprofit Charitable Reuser shall be on a first come first serve basis. Once the
cost for disposal of the abandoned HHW from Nonprofit Charitable Reusers is
equal to the available funds, disposal fees shall no longer be waived, and
Nonprofit Charitable Reusers shall be charged for disposal of abandoned HHW
according to the CoHHW Program’s published rates for CESQGs. No additional
costs shall be applied to the budget of the CITY or any other participating
jurisdiction.
14. HOUSEHOLD HAZARDOUS WASTES ACCEPTED
HHW accepted by the CoHHW Program shall be limited to those materials that qualify as
Hazardous Waste under Health and Safety Code Section 25218.1, as amended from time to time.
These materials include, but are not limited to, automotive fluids, automotive and other types of
batteries, latex and oil paint, oil filters, garden chemicals, household cleaners, pool chemicals,
mercury thermostats, fluorescent lamps containing mercury, household batteries, e-waste and other
common hazardous consumer products.
15. WASTES NOT ACCEPTED
Certain hazardous wastes shall not be accepted for collection and disposal. These
include, but are not limited to, compressed gas cylinders larger than 5 gallons, radioactive
materials, and explosives. Other wastes not accepted by the CoHHW Program are wastes
generated as part of operating a business, including a home operated business, except that waste
from CESQGs as provided for in Section 12 of this Agreement shall be accepted.
16. ADDITIONAL SERVICES UNDER THIS AGREEMENT
CITY must augment funding provided under this Agreement to cover the cost of a
minimum participation level of 4% of CITY households; CITY may also elect to augment
funding to provide additional services to increase CITY participation beyond the 4% minimum
participation level. Additional services shall be made available upon written agreement between
the CITY’s authorized representative and the County Executive Officer or designee. Additional
services may include, but are not limited to, additional appointments (charged at the Variable
Cost Per Car rate), door-to-door HHW collection, used oil filter collection, universal waste
collection, electronic waste collection, and abandoned waste collection.
10.B.b
Packet Pg. 92 Attachment: Countywide HHW Program Agreement FY22-FY24 (3289 : Authorization for the City Administrator to Execute the Countywide AB
Agreement for Countywide Household
Hazardous Waste Collection Program Page 8 of 26
CITY agrees to augment up to an additional $_________ to the Countywide HHW
Program during Fiscal Year 2022 for the purpose of attaining or increasing CITY household
participation above the 4% minimum participation level at the scheduled collection dates listed
in Attachment C, attached hereto and incorporated herein. Augmentation will be calculated,
where applicable, at the Variable Cost Per Car rate. Other services will be charged based on a
cost recovery basis. CITY authorizes the COUNTY to use CITY’S Available Discretionary
Funding portion of the AB939 HHW Fee, if available, to offset the above agreed additional
augmentation amount.
At the end of each fiscal year, a final annual cost statement shall be prepared by
COUNTY and issued to CITY by November 30th. The annual cost statement will take into
consideration costs incurred on behalf of CITY for additional services and all payments made by
CITY to COUNTY. If any balance is owed to COUNTY, it will be due within 30 days following
receipt of the annual cost statement. If any credit is owed to CITY, COUNTY will refund that
amount to CITY within 30 days following delivery of the annual cost statement.
17. INFORMATION AND APPOINTMENT LINE
COUNTY will operate a telephone information and appointment desk Monday through
Friday, from the hours of 9:00 a.m. to 5:00 p.m. The information service will register residents
for the Temporary HHW Events and the collections at CoHHWCF. The information service will
provide information about hazardous household materials. CITY will be notified immediately if
resident participation approaches a level of service that may not be supported by available
funding.
18. SCHEDULING AND SITE SELECTION
COUNTY shall work with CITY to determine the date(s) of Temporary Events and
collections at the CoHHWCF. CITY shall coordinate with COUNTY in locating and securing
sites for Temporary HHW Events. It is recognized that some of the jurisdictions participating in
the CoHHW Program may not have appropriate sites available. A proposed HHW schedule for
Fiscal Year 2022 of Temporary Events and collections at CoHHWCF is included as Attachment
C. COUNTY will schedule an adequate number of collection days to serve the 4% level of
service. The COUNTY determines the adequate number of collection days by tracking
attendance at each event.
19. OUTSIDE FUNDING
During the term of this Agreement, COUNTY may seek outside funding sources for
services that would supplement existing HHW services such as permanent collection sites,
equipment, retail take-back collection and operational funding. If outside funding is obtained,
the CoHHW Program will, at COUNTY’s discretion, proceed with development of additional
programs using that outside funding without drawing on CITY’s funding provided under this
Agreement.
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23,027
10.B.b
Packet Pg. 93 Attachment: Countywide HHW Program Agreement FY22-FY24 (3289 : Authorization for the City Administrator to Execute the Countywide AB
Agreement for Countywide Household
Hazardous Waste Collection Program Page 9 of 26
20. REGIONAL GRANT AND OIL PAYMENT PROGRAM PARTICIPATION
The CITY authorizes the CoHHW Program to apply for lead agency grants, including but
not limited to Used Oil Payment Program grants, from the California Department of Resources
Recycling and Recovery (CalRecycle), on behalf of participating jurisdictions. The CoHHW
Program will act on behalf of all participating jurisdictions, as the lead applicant and
administrator. The CoHHW Program will oversee how the moneys are used and work in
cooperation with CITY as to how the funds will be spent. Nothing in this section shall preclude
the COUNTY or a participating jurisdiction from applying for grant funds in any case where the
CoHHW Program does not apply for the grant opportunity.
21. EMERGENCY SERVICES
Participating jurisdictions, at their option, may desire to provide residents with
convenient emergency opportunities to safely dispose of their HHW in the event of a disaster.
The purpose of this emergency planning for HHW is to minimize potential public health and
safety impacts, as well as to minimize costs and confusion. Attachment D sets out CITY and
COUNTY responsibilities for the collection of household hazardous wastes in response to an
emergency. CITY shall make good faith efforts to provide the public with information related to
the problems associated with HHW. Upon the decision to hold an emergency collection event, it
is CITY’s responsibility to make a good faith effort to prepare and disseminate the necessary
outreach to notify the public of an emergency collection event. An emergency collection event
shall be initiated by a written request from CITY to COUNTY. Emergency collection events can
be scheduled in as little as ten (10) working days of CITY’s written request or at an agreed upon
date thereafter. The emergency collection plan is set out in Attachment D, Household Hazardous
Waste Emergency Collection Plan.
COUNTY agrees to conduct the Emergency Collection Event at a mutually agreeable site
and time. The COUNTY will obtain the necessary permit from the State Department of Toxic
Substances Control and will handle wastes in accordance with State law. COUNTY will bill
CITY for all Emergency Collection Events on a cost recovery basis and all payments shall be
due COUNTY within thirty days following the receipt of the invoice.
22. PRIVATE SPONSORED EVENTS
COUNTY may also secure funding from corporations or agencies to conduct HHW
Collection Events for corporate employees and residents of participating jurisdictions and to pay
for special programs such as Universal Waste collection at retail locations. The transportation,
treatment and disposal liability for nonresident employee participation in these events shall be
shared by all participating jurisdictions, including the CITY, and the COUNTY, as described in
Section 26 of this Agreement. Summary information concerning these corporate sponsored
events, if any, will be included in the CoHHW Program’s annual report to the participating
jurisdictions.
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10.B.b
Packet Pg. 94 Attachment: Countywide HHW Program Agreement FY22-FY24 (3289 : Authorization for the City Administrator to Execute the Countywide AB
Agreement for Countywide Household
Hazardous Waste Collection Program Page 10 of 26
23. INSURANCE REQUIREMENTS
Contractors who provide hazardous waste transportation, treatment, or disposal services
shall have the required insurance as outlined in Attachment E, Exhibit B-2D (revised) Insurance
Requirements for Environmental Services Contract. Other contractors shall have insurance in
amounts to be determined by COUNTY Insurance Manager, after consultation with CITY.
COUNTY shall obtain insurance certificates from each of the contractors prior to the contractor
providing service to the program naming the COUNTY as an additional insured.
24. WASTE TRACKING AND REPORTING
COUNTY will provide a mid-year report to CITY regarding participation rates from each
participating jurisdiction by March 15 of each year. Mid-year and year end reports will outline
the types and quantities of waste collected, the amount of waste diverted for reuse or recycling
and the waste management method for each waste stream and associated costs for services.
COUNTY will prepare a report summarizing program activities which will be delivered to the
participating jurisdictions no later than six months after the end of COUNTY’s fiscal year.
It will be assumed for cost and reporting purposes that each participating jurisdiction is
contributing to the waste stream in proportion to the number of its residents who directly
participate.
COUNTY shall take steps to assure that the bi-annual statements to jurisdictions reflect the funds
necessary to cover costs for CITY participation in services scheduled during the next quarter.
25. PARTICIPATION REPORTING
COUNTY shall employ means necessary to verify the place of residence of all
participants in the CoHHW Program.
26. HOLD HARMLESS AND INDEMNIFICATION
In lieu of and not withstanding the pro rata risk allocation which might otherwise be
imposed between CITY and COUNTY pursuant to Government Code Section 895.6, the parties
agree that all losses or liabilities incurred by a party shall not be shared pro rata but instead
COUNTY and CITY agree that pursuant to Government Code Section 895.4, each of the parties
hereto shall fully indemnify and hold each of the other parties, their officers, board members,
employees and agents, harmless from any claim, expense or cost, damage or liability imposed for
injury (as defined by Government Code Section 810.8) occurring by reason of the negligent acts or
omissions or willful misconduct of the indemnifying party, its officers, employees or agents, under
or in connection with or arising out of any work, authority or jurisdiction delegated to such party
under this Agreement. No party, nor any officer, board member, employee or agent thereof shall be
responsible for any damage or liability occurring by reason of the negligent acts or omissions or
willful misconduct of the other parties hereto, their officers, board members, employees or agents,
under or in connection with or arising out of any work authority or jurisdiction delegated to such
other parties under this Agreement.
10.B.b
Packet Pg. 95 Attachment: Countywide HHW Program Agreement FY22-FY24 (3289 : Authorization for the City Administrator to Execute the Countywide AB
Agreement for Countywide Household
Hazardous Waste Collection Program Page 11 of 26
Additionally, CITY shall indemnify COUNTY for CITY’s apportioned share of any
liability incurred and attributed to the Countywide HHW Program for the transportation,
treatment, or disposal of the household hazardous waste, once the waste has been accepted by a
licensed hazardous waste hauler. Apportionment for disposal liability shall be determined by
each participating jurisdiction’s pro rata proportion of household participation in the Program.
Apportionment for transportation and treatment liability shall be determined by each
participating jurisdiction’s pro rata household participation at the event where the waste was
generated. COUNTY will use reasonable efforts to obtain recovery from all available resources,
including insurance, of any liable hauler or liable disposal facility operator. No liability shall be
apportioned to CITY for transportation, treatment or disposal in any case where COUNTY has
contracted for such services and has failed to require the contractor to maintain the insurance
requirements set forth in Section 23 above.
CITY shall further indemnify COUNTY for CITY’s apportioned share of liability
incurred and attributed to the Countywide HHW Program for the transportation, treatment or
disposal of household hazardous waste at corporate sponsored events where non-county resident
employees of the corporate sponsor are authorized to participate in the event. Liability for the
nonresident portion of the disposal of waste shall be shared by the cities and the COUNTY as
described above. The nonresident portion shall be determined by calculating the percentage of
nonresidents participating in the event. This percentage will then be subtracted from the total
liability for the household hazardous waste prior to assessing CITY’s apportioned share of any
liability for the household hazardous waste.
COUNTY shall require CESQGs and Nonprofit Charitable Reusers to indemnify
COUNTY, at minimum, for their apportioned share of any liability incurred and attributed to the
Countywide HHW Program for the transportation, treatment, or disposal of their hazardous
waste, once the waste has been accepted by a licensed hazardous waste hauler. The CESQG and
Nonprofit Charitable Reuser portion of the waste shall be determined by calculating the
percentage, by weight, of the total household hazardous waste accepted by the CoHHW
Program. This percentage will be used to calculate the portion of liability attributed to CESQGs
and Nonprofit Charitable Reusers and will be subtracted from the total liability prior to assessing
CITY’s apportioned share of any liability for household hazardous waste.
27. TERMINATION
This Agreement may be terminated by either the COUNTY or CITY upon thirty (30)
days written notice given by the terminating party.
28. TERM OF AGREEMENT
The term of this Agreement shall be from July 1, 2021 to June 30, 2024, or until all
revenue from the last quarter’s AB939 fee payments have expended and/or distributed,
whichever is later.
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10.B.b
Packet Pg. 96 Attachment: Countywide HHW Program Agreement FY22-FY24 (3289 : Authorization for the City Administrator to Execute the Countywide AB
Agreement for Countywide Household
Hazardous Waste Collection Program Page 12 of 26
29. INDEPENDENT CONTRACTOR
Each party shall perform responsibilities and activities described herein as an
independent contractor and not as an officer, agent, servant or employee of any of the parties
hereto. Each party shall be solely responsible for the acts and omissions of its officers, agents,
employees, contractors and subcontractors, if any. Nothing herein shall be considered as
creating a partnership or joint venture between the parties.
30. EXECUTION BY COUNTERPART
This Agreement may be executed in any number of counterparts, each of which shall for
all purposes be deemed an original and all of which shall together constitute one and the same
instrument.
31. CONTROLLING LAW
This Agreement shall be governed and construed in accordance with the laws of the State
of California.
32. ENTIRE AGREEMENT
This document embodies the entire Agreement between the parties with respect to the
subject matter hereof. No modification of this Agreement shall be effective unless and until
modification is evidenced by writing signed by all parties or their assigned designates.
33. NOTICES
All notices and communications herein required shall be in writing to the other party as
follows, unless expressly changed in writing:
CITY of City Representative
Representative’s Title
City Address
Santa Clara County Director
Consumer and Environmental Protection Agency
1553 Berger Drive
San José, California 95112
34. CONTRACT EXECUTION
Unless otherwise prohibited by law or County policy, the parties agree that an electronic
copy of a signed contract, or an electronically signed contract, has the same force and legal effect
Gilroy
City Administrator
7351 Rosanna Street
Gilroy, CA 95020
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Packet Pg. 97 Attachment: Countywide HHW Program Agreement FY22-FY24 (3289 : Authorization for the City Administrator to Execute the Countywide AB
Agreement for Countywide Household
Hazardous Waste Collection Program Page 13 of 26
as a contract executed with an original ink signature. The term “electronic copy of a signed
contract” refers to a transmission by facsimile, electronic mail, or other electronic means of a
copy of an original signed contract in a portable document format. The term “electronically
signed contract” means a contract that is executed by applying an electronic signature using
technology approved by the County.
IN WITNESS WHEREOF, the parties have executed this AGREEMENT FOR
COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM on the
dates as stated below:
Date: COUNTY OF SANTA CLARA
JEFFREY V. SMITH
County Executive
Date: “CITY”
CITY/TOWN OF
Title
A municipal corporation
APPROVED AS TO FORM AND LEGALITY:
STEPHANIE SAFDI
Deputy County Counsel
Attachments:
A Projected Fiscal Years 2022, 2023, and 2024 AB939 HHW Fee Funding Allocation by
Jurisdiction
B Estimated HHW Program Fixed Costs for Fiscal Years 2022, 2023, and 2024
C HHW Schedule of Collection Events for Fiscal Year 2022
D Household Hazardous Waste Emergency Collection Plan
E Exhibit B-2D (revised) Insurance Requirements for Environmental Services Contracts
2378821
Gilroy
City Administrator
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Packet Pg. 98 Attachment: Countywide HHW Program Agreement FY22-FY24 (3289 : Authorization for the City Administrator to Execute the Countywide AB
Agreement for Countywide Household
Hazardous Waste Collection Program Page 14 of 26
ATTACHMENT A: PROJECTED FISCAL YEARS 2022-2024 ANNUAL HHW FEE
FUNDING ALLOCATION BY JURISDICTION
Campbell 18,158 726 40,970 106,521$ 68,093$ 7,162$ 42,272$ 908$ (11,913)$ 45,525$ 1,268 1,221
Cupertino 21,050 842 41,603 108,168$ 78,938$ 4,242$ 49,004$ 1,053$ (25,068)$ 36,963$ 1,034 723
Gilroy 16,676 667 53,681 139,571$ 62,535$ 1,086$ 38,822$ 834$ 36,295$ 23,027$ 1,038 185
Los Altos 11,677 467 17,678 45,963$ 43,789$ 4,188$ 27,184$ 584$ (29,781)$ 90,803$ 1,451 714
Los Altos Hills 3,180 127 9,303 24,188$ 11,925$ 958$ 7,403$ 159$ 3,743$ 4,413$ 259 163
Los Gatos 13,637 545 25,338 65,878$ 51,139$ 6,784$ 31,747$ 682$ (24,474)$ 66,018$ 1,216 1,157
Milpitas 22,553 902 100,225 260,586$ 84,574$ 5,247$ 52,503$ 1,128$ 117,135$ 24,851$ 1,303 895
Monte Sereno 1,383 55 1,278 3,323$ 5,186$ 789$ 3,220$ 69$ (5,941)$ 11,138$ 139 135
Morgan Hill 15,350 614 43,759 113,774$ 57,563$ 2,252$ 35,735$ 768$ 17,456$ 78,579$ 1,881 384
Mountain View 36,727 1,469 77,033 200,285$ 137,726$ 4,700$ 85,500$ 1,836$ (29,478)$ 39,356$ 1,628 802
Palo Alto 29,298 0 63,437 164,936$ -$ -$ 1,465$ 163,471$
San Jose 336,507 13,460 810,331 2,106,860$ 1,261,901$ 114,172$ 783,388$ 16,825$ (69,427)$ 476,507$ 20,026 19,470
Santa Clara 48,975 1,959 160,175 416,455$ 183,656$ 9,178$ 114,014$ 2,449$ 107,157$ 121,604$ 3,920 1,565
Saratoga 11,301 452 19,996 51,990$ 42,379$ 4,458$ 26,309$ 565$ (21,720)$ 45,244$ 831 760
Sunnyvale 60,273 2,411 116,128 301,932$ 226,024$ 6,717$ 140,316$ 3,014$ (74,138)$ 152,321$ 3,672 1,145
Unincorporated 18,558 742 38,112 99,092$ 69,593$ 4,640$ 43,203$ 928$ (19,271)$ 57,932$ 1,677 791
Total 665,303 25,440 1,619,047 4,209,522$ 2,385,019$ 176,572$ 1,480,620$ 33,265$ 134,047$ 1,274,282$ 41,345 30,110
Cities
No of
Households
4% of
Households
Disposal
Tonnage
AB939 HHW Fee
$2.60 per Ton
Fixed Cost $3.75
per HH
SJ Facility $8.29
Surcharge
Variable Cost
$58.20 per Car
Abandoned
Waste Disposal
Cost $.05 per
Household
Discretionary
Fund
Estimated
Augmentation
Anticipated
Participation
Anticipated
Particiation
at SJ
Facility
Notes: Number of HH and Disposal tonnage are based on FY2019-2020 actuals. Anticipated participation and
anticipated participation at SJ facility are based on 15% increase from FY2018-2019 actual participation.
10.B.b
Packet Pg. 99 Attachment: Countywide HHW Program Agreement FY22-FY24 (3289 : Authorization for the City Administrator to Execute the Countywide AB
Agreement for Countywide Household
Hazardous Waste Collection Program Page 15 of 26
ATTACHMENT B: ESTIMATED ANNUAL HHW PROGRAM FIXED COSTS
FOR FISCAL YEARS 2022, 2023, AND 2024
FIXED COST
Staff Salary and Benefits $1,568,216
County Admin Overhead $421,899
County Counsel $13,650
Phones and Communications $10,605
Facilities Lease Costs San Jose $176,572
Vehicle Costs $34,125
Office Supplies and postage $1,916
Maintenance, Software $115,500
HHW Hotline $50,000
Garbage & Utilities $36,488
Membership & Dues $15,750
Training & Conference $5,250
Safety Wear $21,840
Printing $13,583
Other Services & Supplies $56,175
ESTIMATED ANNUAL TOTAL $2,541,568
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Packet Pg. 100 Attachment: Countywide HHW Program Agreement FY22-FY24 (3289 : Authorization for the City Administrator to Execute the Countywide AB
Agreement for Countywide Household
Hazardous Waste Collection Program Page 16 of 26
ATTACHMENT C: HHW SCHEDULE OF PERMANENT & TEMPORARY
COLLECTION EVENTS FOR FISCAL YEAR 2021-2022*
2021/Month Day Date Location
Type of Event County Holidays/ Notes
July Thurs,Fri 1,2 San Jose Permanent
Saturday 3 No Event No Event 4th OF JULY WEEK
Wed,Thurs,Fri,Sat 7,8,9,10 San Jose Permanent
Fri,Sat 9,10 San Martin Permanent
Thurs,Fri,Sat 15,16,17 San Jose Permanent
Saturday 17 Sunnyvale Temporary TBD
Wed,Thurs,Fri,Sat 21,22,23,24 San Jose Permanent
Thurs,Fri,Sat 29,30,31 San Jose Permanent
August Wed,Thurs,Fri,Sat 4,5,6,7 San Jose Permanent
Fri,Sat 6,7 San Martin Permanent
Thurs,Fri,Sat 12,13,14 San Jose Permanent
Saturday 14 Mountain View Temporary TBD
Wed,Thurs,Fri,Sat 18,19,20,21 San Jose Permanent
Thurs,Fri,Sat 26,27,28 San Jose Permanent
September Wed,Thurs,Fri 1,2,3 San Jose Permanent
Saturday 4 No Event No Event LABOR DAY WEEKEND
Thurs,Fri,Sat 9,10,11 San Jose Permanent
Fri,Sat 10,11 San Martin Permanent
Wed,Thurs,Fri,Sat 15,16,17,18 San Jose Permanent
Saturday 18 Santa Clara Temporary TBD
Wed,Thurs,Fri,Sat 22,23,24,25 San Jose Permanent
Thursday 30 San Jose Permanent
October Fri,Sat 1,2 San Jose Permanent
Fri, Sat 1,2 San Martin Permanent
Wed,Thurs,Fri,Sat 6,7,8,9 San Jose Permanent
Thurs,Fri,Sat 14,15,16 San Jose Permanent
Saturday 16 Sunnyvale Temporary TBD
Wed,Thurs,Fri,Sat 20,21,22,23 San Jose Permanent
Thurs,Fri,Sat 28,29,30 San Jose Permanent
November Wed,Thurs,Fri,Sat 3,4,5,6 San Jose Permanent
Fri, Sat 5,6 San Martin Permanent
Fri,Sat 12,13 San Jose Permanent
Wed,Thurs,Fri,Sat 17,18,19,20 San Jose Permanent
Tuesday 23 San Jose Permanent
Thurs,Fri,Sat 25,26,27 No Event No Event THANKSGIVING
December Wed,Thurs,Fri,Sat 1,2,3,4 San Jose Permanent
Fri, Sat 3,4 San Martin Permanent
Wed,Thurs,Fri,Sat 8,9,10,11 San Jose Permanent
Thurs,Fri,Sat 16,17,18 San Jose Permanent
Tues,Wed,Thurs 21,22,23 San Jose Permanent
Fri,Sat 24,25 No Event No Event CHRISTMAS
Tues,Wed,Thurs 28,29,30 San Jose Permanent
Friday 31 No Event No Event NEW YEAR's DAY
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Hazardous Waste Collection Program Page 17 of 26
ATTACHMENT C: HHW SCHEDULE OF PERMANENT & TEMPORARY
COLLECTION EVENTS FOR FISCAL YEAR 2021-2022* (Continued)
2022/Month Day Date Location Type of Event County Holidays/ Notes
2022/Jan Saturday 1 No Event No Event NEW YEAR's DAY
Thurs,Fri,Sat 6,7,8 San Jose Permanent
Fri, Sat 7,8 San Martin Permanent
Wed,Thurs,Fri,Sat 12,13,14,15 San Jose Permanent
Saturday 15 Sunnyvale Temporary TBD
Wed,Thurs,Fri,Sat 19,20,21,22 San Jose Permanent
Thurs,Fri,Sat 27,28,29 San Jose Permanent
Saturday 29 Santa Clara Temporary TBD
February Wed,Thurs,Fri,Sat 2,3,4,5 San Jose Permanent
Fri, Sat 4,5 San Martin Permanent
Thurs,Fri,Sat 10,11,12 San Jose Permanent
Wed,Thurs,Fri,Sat 16,17,18,19 San Jose Permanent
Thurs,Fri,Sat 24,25,26 San Jose Permanent
March Wed,Thurs,Fri,Sat 2,3,4,5 San Jose Permanent
Fri, Sat 4,5 San Martin Permanent
Thurs,Fri,Sat 10,11,12 San Jose Permanent
Wed,Thurs,Fri,Sat 16,17,18,19 San Jose Permanent
Wed,Thurs,Fri,Sat 23,24,25,26 San Jose Permanent
April Fri,Sat 1,2 San Jose Permanent
Fri, Sat 1,2 San Martin Permanent
Wed,Thurs,Fri,Sat 6,7,8,9 San Jose Permanent
Saturday 9 Los Altos Temporary TBD
Thurs,Fri,Sat 14,15,16 San Jose Permanent
Saturday 16 Sunnyvale Temporary TBD
Wed,Thurs,Fri,Sat 20,21,22,23 San Jose Permanent
Thurs,Fri,Sat 28,29,30 San Jose Permanent
Saturday 30 Santa Clara Temporary TBD
May Wed,Thurs,Fri,Sat 4,5,6,7 San Jose Permanent
Fri, Sat 6,7 San Martin Permanent
Thurs,Fri,Sat 12,13,14 San Jose Permanent
Wed,Thurs,Fri,Sat 18,19,20,21 San Jose Permanent
Thurs,Fri 26,27 San Jose Permanent
Saturday 28 No Event No Event MEMORIAL DAY WEEKEND
June Wed,Thurs,Fri,Sat 1,2,3,4 San Jose Permanent
Fri, Sat 3,4 San Martin Permanent
Thurs,Fri,Sat 9,10,11 San Jose Permanent
Wed,Thurs 15,16 San Jose Permanent
Friday 17 No Event No Event JUNETEENTH DAY
Saturday 18 San Jose Permanent
Saturday 25 Milpitas Temporary TBD
Thurs,Fri,Sat 23,24,25 San Jose Permanent
Wed,Thurs 29,30 San Jose Permanent
*SUBJECT TO CHANGE
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Hazardous Waste Collection Program Page 18 of 26
ATTACHMENT D:
COUNTY HOUSEHOLD HAZARDOUS WASTE
EMERGENCY COLLECTION PLAN
1. PURPOSE
The purpose of the Household Hazardous Waste Emergency Collection Plan is to minimize
potential public health and safety impacts, as well as to minimize costs and confusion during an
emergency or disaster. This Attachment describes the services the County can provide and the
responsibilities of each party for the collection of household hazardous wastes (HHW) in
response to an emergency as defined by the local jurisdiction.
Jurisdictions should contact local emergency agencies, the Governor's Office of Emergency
Services (OES), and the Department of Toxic Substances Control (DTSC) for more specific
information on hazardous materials emergency response.
2. Timing of HHW
While it is important to have special collection opportunities for disaster-related HHW as soon as
possible to avoid illegal disposal or harm to people and/or the environment, having an event or
service too soon after a disaster may result in low participation. Sufficient public notification,
assessment and monitoring of the disaster and cleanup process by the designated City HHW
Coordinator(s) is essential.
3. Public Information/Notification:
Cities should be prepared to provide the public with information related to the problems
associated with HHW along with information about special collection events and services. Upon
the decision to hold an emergency collection event, it is the City’s responsibility to prepare and
deliver the necessary public outreach to notify the public of an upcoming event. A City’s public
outreach program should evaluate all forms of media including: newspaper ads, posters, flyers,
press releases, banners, door-to-door notices, roadside signs, signs on dumpsters, radio public
service announcements, social media outlets and television public access stations. Be aware of
communities where multiple language outreach efforts will be necessary.
4. State HHW Collection Permits
The State Department of Toxic Substances Control (DTSC) is responsible for issuing the
necessary state permits for HHW collection facilities. During an emergency, the County will
obtain the necessary emergency permit for special collection of household hazardous waste from
DTSC through their expedited approval process.
5. Collection Events
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Agreement for Countywide Household
Hazardous Waste Collection Program Page 19 of 26
Temporary collection events can be set-up at various sites including parking lots, city
maintenance yards, within neighborhoods needing service, and at landfills or a centralized
location to service larger segments of the population. Waste collected will be transported with a
transportation vehicle provided by the HHW Program. In addition, events can be scheduled at
the two existing Countywide Household Hazardous Waste Collection Facilities (CoHHWCF).
The following options are available to each participating City.
Neighborhood Drop-off Events: The County is able to provide localized service to specific
areas in need of household hazardous waste collection services. The County will work with
City Solid Waste Coordinators to conduct coordinated efforts to residents in the affected
area. After a specific event, waste will be transported by County staff or a hazardous waste
contractor to an appropriate facility.
Mobile HHW Event: The County conducts Household Hazardous Waste Collection Event
(Events) at various sites located in Santa Clara County throughout the year. Events will be
expanded to give priority to disaster victims when requested by the City. The County shall
obtain all necessary permits and licenses required for the events and shall provide and/or
contract for the services of properly trained personnel and hazardous waste haulers. The
County shall also provide or secure suitable equipment and supplies to properly receive,
package, label, haul, recycle and dispose of the household hazardous wastes collected at
events.
CoHHWCF: The County operates two permitted HHW collection facilities for the collection
and storage of HHW. The County shall provide or contract for services, equipment, and
supplies to properly receive, package, label, haul, recycle and dispose of wastes collected at
the CoHHWCF.
The CoHHWCF are located at:
San Martin, 13055 Murphy Ave, San Martin
San Jose, 1608 Las Plumas, San Jose
6. Costs, Documentation, and Reimbursements
Cities will be billed on a cost recovery basis. Costs of emergency events will be tracked and
billed separately. Emergency funding applications pending from the State or Federal
government for reimbursements in no way relieves the City of responsibility to make timely
payment to the County in accordance with the terms of the AGENCY AGREEMENT FOR
COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM.
The County agrees to provide the City with a detailed accounting of services provided
for an emergency collection. Documentation will track the time and materials of staff, outside
contractor expenses, and quantities and types of waste collected to demonstrate that the wastes
were generated above and beyond existing collection programs.
Services to businesses will be provided on a cost recovery basis and according to Section 12 of
the AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE
COLLECTION PROGRAM, which includes program administration, on-site collection,
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Agreement for Countywide Household
Hazardous Waste Collection Program Page 20 of 26
transportation, and disposal costs. The County will assume responsibility for collecting fees
from participating businesses.
7. State and Federal Assistance and Funds
It is the City responsibility to pursue reimbursement from State or Federal agencies.
State Office of Emergency Services (OES)
The OES is responsible for requesting assistance on behalf of local jurisdictions for resources
beyond the capability of the jurisdiction. State assistance may include assistance available from
State, Federal, or private sources. If a local jurisdiction is declared a state disaster area, and the
local jurisdiction deems that the needs of the disaster response are beyond its capabilities, then
the local jurisdiction can request assistance and reimbursement of costs from OES.
Follow Standardized Emergency Management System (SEMS)
All requests and emergency responses must be in accordance with the SEMS. The State
Department of Toxic Substances Control may have funding available for hazardous waste
response and collection.
Federal Assistance
If a state disaster area is declared a federal disaster, then federal funding assistance may be
available through the State OES. Funding and assistance may be available from Federal
agencies such as FEMA and the U.S. EPA.
Damage estimates: The city should provide to the State OES estimates of damages and a "scope
of work requested." It is recommended that the local HHW coordinator meet ahead of time with
local emergency agencies or State OES contacts regarding the proper procedures and wording of
requests for assistance.
Funding Process: The funding process may vary depending on the unique circumstances of the
disaster. The process can either be the traditional FEMA reimbursement process, or by direct
assistance from EPA.
REFERENCES
California Integrated Waste Management Board, Integrated Waste Management Disaster Plan:
Guidance for local government on disaster debris management, January 1997.
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Packet Pg. 105 Attachment: Countywide HHW Program Agreement FY22-FY24 (3289 : Authorization for the City Administrator to Execute the Countywide AB
Agreement for Countywide Household
Hazardous Waste Collection Program Page 21 of 26
Emergency Planning Contacts and Personnel
Primary County Contact: County of Santa Clara
Consumer and Environmental Protection Agency
Recycling and Waste Reduction Division
Household Hazardous Waste Program
ATTN: Hazardous Materials Program Manager
(408)-918-1967
For Non-Emergency after-hours, contact County Communications at: (408) 977-3220
Responsibility: Coordinate and establish proper collection and disposal methods
for household hazardous waste. Assess the need for HHW and
CESQG services in consultation with the City and other operations.
Cal OES Public Safety Communications Main Office
601 & 630 Sequoia Pacific Boulevard
Sacramento, CA 95811
(916) 657-9494
Cal OES
3650 Schriever Avenue
Mather, CA 95655-4203
(916) 845-8510
CHEMTREC Emergency number, (800) 424-9300
Non-emergency (800) 262-8200
Chemtrec is a public service established by the Chemical Manufacturers Association. The
Center was developed as a resource for obtaining immediate emergency response information to
mitigate accidental chemical releases, and as a means for emergency responders to obtain
technical assistance from chemical industry product safety specialists, emergency response
coordinators, toxicologists, physicians, and other industry experts to safely mitigate incidents
involving chemicals.
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Packet Pg. 106 Attachment: Countywide HHW Program Agreement FY22-FY24 (3289 : Authorization for the City Administrator to Execute the Countywide AB
EXHIBIT B-2D (revised)
Agreement for Countywide Household
Hazardous Waste Collection Program
Page 22 of 26
INSURANCE REQUIREMENTS FOR
ENVIRONMENTAL SERVICES CONTRACTS
(Hazardous Waste Disposal, Remediation Services, Environmental Consulting, etc.)
Indemnity
The Contractor shall indemnify, defend, and hold harmless the County of Santa Clara (hereinafter
"County"), its officers, agents and employees from any claim, liability, loss, injury or damage
arising out of, or in connection with, performance of this Agreement by Contractor and/or its agents,
employees or sub-contractors, excepting only loss, injury or damage caused by the sole negligence
or willful misconduct of personnel employed by the County. It is the intent of the parties to this
Agreement to provide the broadest possible coverage for the County. The Contractor shall
reimburse the County for all costs, attorneys' fees, expenses and liabilities incurred with respect
to any litigation in which the Contractor contests its obligation to indemnify, defend and/or hold
harmless the County under this Agreement and does not prevail in that contest.
Insurance
Without limiting the Contractor's indemnification of the County, the Contractor shall provide and
maintain at its own expense, during the term of this Agreement, or as may be further required
herein, the following insurance coverages and provisions:
A. Evidence of Coverage
Prior to commencement of this Agreement, the Contractor shall provide a Certificate of
Insurance certifying that coverage as required herein has been obtained. Individual
endorsements executed by the insurance carrier shall accompany the certificate. In addition,
a certified copy of the policy or policies shall be provided by the Contractor upon request.
This verification of coverage shall be sent to the requesting County department, unless
otherwise directed. The Contractor shall not receive a Notice to Proceed with the work
under the Agreement until it has obtained all insurance required and such insurance has been
approved by the County. This approval of insurance shall neither relieve nor decrease the
liability of the Contractor.
B. Qualifying Insurers
All coverages, except surety, shall be issued by companies which hold a current policy
holder's alphabetic and financial size category rating of not less than A- V, according to the
current Best's Key Rating Guide or a company of equal financial stability that is approved
by the County's Insurance Manager.
ATTACHMENT E 10.B.b
Packet Pg. 107 Attachment: Countywide HHW Program Agreement FY22-FY24 (3289 : Authorization for the City Administrator to Execute the Countywide AB
EXHIBIT B-2D (revised)
Agreement for Countywide Household
Hazardous Waste Collection Program
Page 23 of 26
C.Notice of Cancellation
All coverage as required herein shall not be canceled or changed so as to no longer meet
the specified County insurance requirements without 30 days' prior written notice of such
cancellation or change being delivered to the County of Santa Clara or their designated
agent.
D. Insurance Required
1.Commercial General Liability Insurance - for bodily injury (including death) and
property damage which provides limits as follows:
a. Each occurrence -$1,000,000
b. General aggregate -$2,000,000
c. Products/Completed Operations aggregate - $2,000,000
d. Personal Injury -$1,000,000
2.General liability coverage shall include:
a.Premises and Operations
b.Products/Completed
c.Personal Injury liability
d.Severability of interest
3.General liability coverage shall include the following endorsement, a copy of which
shall be provided to the County:
Additional Insured Endorsement, which shall read:
“County of Santa Clara, and members of the Board of Supervisors of
the County of Santa Clara, and the officers, agents, and employees of
the County of Santa Clara, individually and collectively, as additional
insureds.”
Insurance afforded by the additional insured endorsement shall apply as primary
insurance, and other insurance maintained by the County of Santa Clara, its
officers, agents, and employees shall be excess only and not contributing with
insurance provided under this policy. Public Entities may also be added to the
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Packet Pg. 108 Attachment: Countywide HHW Program Agreement FY22-FY24 (3289 : Authorization for the City Administrator to Execute the Countywide AB
EXHIBIT B-2D (revised)
Agreement for Countywide Household
Hazardous Waste Collection Program
Page 24 of 26
additional insured endorsement as applicable and the contractor shall be notified by
the contracting department of these requirements.
4.Automobile Liability Insurance
For bodily injury (including death) and property damage which provides total limits
of not less than one million dollars ($1,000,000) combined single limit per
occurrence applicable to all owned, non-owned and hired vehicles. Coverage shall
include Environmental Impairment Liability Endorsement MCS90 for contracts
requiring the transportation of hazardous materials/wastes.
4a. Aircraft/Watercraft Liability Insurance (Required if Contractor or any of its agents
or subcontractors will operate aircraft or watercraft in the scope of the Agreement)
For bodily injury (including death) and property damage which provides total limits
of not less than one million dollars ($1,000,000) combined single limit per
occurrence applicable to all owned, non-owned and hired aircraft/watercraft.
5.Workers' Compensation and Employer's Liability Insurance
a.Statutory California Workers' Compensation coverage including broad form
all-states coverage.
b.Employer's Liability coverage for not less than one million dollars
($1,000,000) per occurrence.
6.Contractors Pollution Liability Insurance
Coverage shall provide a minimum of not less than five million dollars
($5,000,000) per occurrence and aggregate for bodily injury, personal injury,
property damage and cleanup costs both on and offsite.
7.Professional Errors and Omissions Liability Insurance (required for contractors
providing professional services, such as through a professional engineer, registered
geologist, etc.)
a.Coverage shall be in an amount of not less than one million dollars
($1,000,000) per occurrence/aggregate.
b.If coverage contains a deductible or self-retention, it shall not be greater than
fifty thousand dollars ($50,000) per occurrence/event.
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EXHIBIT B-2D (revised)
Agreement for Countywide Household
Hazardous Waste Collection Program
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c.Coverage as required herein shall be maintained for a minimum of two years
following termination or completion of this Agreement.
8.Claims Made Coverage
If coverage is written on a claims made basis, the Certificate of Insurance shall
clearly state so. In addition to coverage requirements above, such policy shall
provide that:
a.Policy retroactive date coincides with or precedes the Consultant's start of
work (including subsequent policies purchased as renewals or replacements).
b.Policy allows for reporting of circumstances or incidents that might give rise
to future claims.
E. Special Provisions
The following provisions shall apply to this Agreement:
1.The foregoing requirements as to the types and limits of insurance coverage to be
maintained by the Contractor and any approval of said insurance by the County or
its insurance consultant(s) are not intended to and shall not in any manner limit or
qualify the liabilities and obligations otherwise assumed by the Contractor pursuant
to this Agreement, including but not limited to the provisions concerning
indemnification.
2.The County acknowledges that some insurance requirements contained in this
Agreement may be fulfilled by self-insurance on the part of the Contractor.
However, this shall not in any way limit liabilities assumed by the Contractor under
this Agreement. Any self-insurance shall be approved in writing by the County
upon satisfactory evidence of financial capacity. Contractors obligation hereunder
may be satisfied in whole or in part by adequately funded self-insurance programs
or self-insurance retentions.
3.Should any of the work under this Agreement be sublet, the Contractor shall require
each of its subcontractors of any tier to carry the aforementioned coverages, or
Contractor may insure subcontractors under its own policies.
4.The County reserves the right to withhold payments to the Contractor in the event
of material noncompliance with the insurance requirements outlined above.
F. Fidelity Bonds (Required only if contractor will be receiving advanced funds or payments)
Before receiving compensation under this Agreement, Contractor will furnish
County with evidence that all officials, employees, and agents handling or having
access to funds received or disbursed under this Agreement, or authorized to sign or
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EXHIBIT B-2D (revised)
Agreement for Countywide Household
Hazardous Waste Collection Program
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countersign checks, are covered by a BLANKET FIDELITY BOND in an amount
of AT LEAST fifteen percent (15%) of the maximum financial obligation of the
County cited herein. If such bond is canceled or reduced, Contractor will notify
County immediately, and County may withhold further payment to Contractor until
proper coverage has been obtained. Failure to give such notice may be cause for
termination of this Agreement, at the option of County.
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Packet Pg. 111 Attachment: Countywide HHW Program Agreement FY22-FY24 (3289 : Authorization for the City Administrator to Execute the Countywide AB
City of Gilroy
STAFF REPORT
Agenda Item Title: Adoption of a Resolution to Extend Temporary Suspension of
Enforcement of Sections of the Gilroy City Code to Implement a
Business Stimulus Package to Support and Assist Businesses
Affected by COVID-19
Meeting Date: May 3, 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
Adopt a resolution of the City Council of the City of Gilroy to extend the temporary
suspension of the enforcement of certain sections of the Gilroy City Code in an effort to
support businesses and development activity and aid in the economic recovery of the
City resulting from the impacts of COVID-19.
EXECUTIVE SUMMARY
On June 1, 2020, the City Council adopted measures that temporarily suspended
enforcement of certain sections of the City Code. These measures allowed businesses
to respond to the effects of COVID-19 and modify operations in compliance with county
and state health orders and regulations.
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At the time, it was unknown exactly how long the impacts of COVID-19 would last, but it
was anticipated business operations would be able to return to normal within months.
More than one year later, restrictions are still in place affecting most business
operations. Although COVID cases have slowed as more people are vaccinated and
continue to follow safety precautions such as wearing a mask, the impacts are still being
felt by businesses.
To continue supporting our business community and allow them to maximize
opportunities for recovery, it is recommended that many of the measures previously
adopted by Council be extended another year until May 31, 2022.
BACKGROUND
Council took action to assist businesses at the onset of the pandemic. This included
adopting a resolution that suspended the enforcement of certain sections of the City
Code, allowing businesses to better respond to County and State orders. This was still
early in the pandemic and it was unknown how County and State orders would change
and evolve or how long orders would last.
A year later, things are still changing and evolving, and County and State orders are still
in effect. Based on the past years’ experience, staff is now requesting that certain
measures be extended. Others are no longer needed or were not widely used.
A summary of the measures, status and recommendations follow.
ANALYSIS
Automatic Planning Entitlement Permit Extensions.
Council’s previous action automatically extended the expiration date of certain permits
for projects considered “active” during the onset of the shelter-in-place order through
May 31, 2021. This applied to Tentative Maps, Architectural and Site Review and
Planned Unit Developments.
Status: In response to the pandemic, AB 1561 was signed into law on September 28,
2020 granting an 18-month time extension to housing entitlements, including any
qualifying tentative map, vesting tentative map, or parcel map for which a tentative map
or vesting tentative map has been approved, which meet the two criteria below:
(1) It was issued prior to and was in effect on March 4, 2020,
(2) It would otherwise have expired prior to December 31, 2021
AB 1561 extends by 18-month the life of “housing entitlements” issued before and in
effect on March 4, 2020, and that will expire before December 31, 20 21. Given the City
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approved extension until May 31, 2021, any qualifying permit as noted above is now
extended until December 31, 2022.
AB 1561 does not apply to non-residential projects. Architectural and Site Review
permits primarily apply to non-residential projects and therefore do not qualify under AB
1561.
Recommendation: Staff is not recommending that the City Council extend this measure.
AB 1561 already extends maps for residential projects. Overall, staff has not seen a
significant slow down in construction as first feared with the onset of the pandemic and
very few projects have had to take advantage of the extensions. The few exceptions
have been projects that had been granted previous extensions prior to the pandemic or
for reasons not related to the pandemic.
Expedited Review of dedicated paths of travel for vehicles and pedestrians (retail
or other customer-serving commercial buildings or centers)
Administrative review & approval of plans that restrict or direct paths of travel for
vehicles or pedestrians within private parking lots, such as within retail centers, for
businesses that wish to make such modifications to implement criteria established for
the operation of businesses by Santa Clara County and/or the State orders.
Status & Recommendation: Few businesses needed to restrict paths of travel in a way
that required city review. As restrictions are lifted, it is not anticipated this will be
necessary, however, staff will continue to conduct expedited reviews, if necessary.
Temporary Sign Waiver
Allowed for a variety of temporary signs, such as banner signs and A-frames and
waived requirement for obtaining a permit for temporary signs through May 31, 2021.
The measure allowed for a waiver of the permit, but temporary signs must other wise
comply with city regulations regarding size, location, number, etc. This also allowed for
an additional A-frame and directional signs. These signs are limited to providing
business operational information or directing pedestrians and vehicular traffi c (i.e.,
directing to curbside pick-up; notice that masks are required for entry) and may not be
used for promotions or advertisement of products .
Status & Recommendation: Businesses have by and large been responsible and
complied with these temporary sign regulations. Staff recommends extending to May
31, 2022.
Use of Parking Spaces and Parking Lots for Curbside Pickup
Allowed for the temporary use of privately-owned parking lots and parking spaces for
curbside restaurant, food, and retail merchandise pick-up. For Downtown businesses or
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businesses that cannot provide customer access to privately maintained parking
spaces, allows for the temporary use of city-owned non-ADA public parking spaces and
city-owned parking lots for curbside restaurant, food, and retail merchandise pick-up.
No permit or fee required.
Recommendation: Staff recommends extending to May 31, 2022.
Increase Local Contract Preference
Temporarily increases the local contract preference per the City’s Purchasing Policy
when the city is evaluating bids for supplies, equipment, and services to support local
businesses. Local vendor increase would increase to 10% from the current 5% for bids
of $500,000 or less. Local preference for bids over $500,000 would remain unchanged
at 5%. This temporary increase would be effective through May 31, 2021.
Status & Recommendation: During this time, there was no qualifying local vendor for
bids under $500,000. Staff does not recommend extending this measure as it likely
would only apply to very few situations. The existing 5% vendor preference under the
City’s Purchasing Policy remains in effect.
Creation of a City of Gilroy Economic Recovery Task Force
The task force was recommended to include city staff as well as representatives from
existing partnerships including the Chamber of Commerce, Gilroy Downtown Business
Association, Visit Gilroy and local business owners.
Status & Recommendation: An Economic Development Committee comprised of
representatives from the City, the Chamber of Commerce, Gilroy Downtown Business
Association and Visit Gilroy was formed and meet on a regular basis to discuss a
variety of matters including promotion of Gilroy as a recreation destination. With the
formation of this committee and existing city participation on co mmittees of the
Chamber of Commerce and Gilroy Downtown Business Association, there have been
ample opportunities to discuss and convey information.
Use of City-owned Public Properties and Right-of-Way for Business Use in the
Downtown Area; Use of Private Parking Lots or Private Streets for Business Use;
Use of Public Streets for Business Use
These measures allowed businesses to use utilize outdoor space for their restaurants or
retail businesses. Use of city-owned public properties and right-of-way, such as outdoor
plazas, public sidewalks and public parking spaces mainly applied to downtown
businesses. Use of private sidewalks, parking lots, driveways or streets applied mainly
to businesses outside of the downtown that had access to such areas. These
measures allowed for outdoor dining including under tents and canopies or within a
parklet.
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Status & Recommendation: Several restaurants have taken advantage of this measure
and set up temporary outdoor dining spaces. The Community Development
Department enacted the “Al Fresco” program which simplified the permitting process
and allows restaurants to begin outdoor dining operations as soon as the permit is
submitted. Staff recommends extending this measure through May 31, 2022.
These measures were intended to be temporary and as such, did not require a level of
standards that would normally be expected for permanent facilities, particularly as it
relates to aesthetics. The primary objective of the temporary program was to allow
restaurants to establish outdoor dining as quickly as possible and to ensure the safety
of patrons and the public. The program has been well -received by both restaurant
owners and the public and there is interest in creating a permanent program for outdoor
dining.
By extending the temporary measures through May 31, 2022, this will allow staff time to
develop a permanent program and give restaurants adequate time to transition from the
temporary to the permanent program. Staff will return to Planning Commission and City
Council with recommendations for a permanent program prior to May 31, 2022.
Temporary Use of City-Owned Park for Use by Fitness and Recreation
Businesses
Allowed for the temporary use of city-owned park and open space for fitness and
recreation related businesses. Existing businesses with a current business license that
rent, lease or own commercial space can conduct classes or instruction in certain city
owned parks. This generally includes grass areas and trails and does not include
buildings, amenities such as sport courts or playground equipment.
Recommendation: Recreation has not had any inquiries about use of parks or open
space for business use. Staff recognizes that some businesses may be using parks
and open space for such purposes without obtaining permis sion, however, they are not
prevalent, and no complaints have been received from park patrons. If park space is
being used for this purpose, it appears to be minimal. Setting up a program to rent out
space and promoting such a program would likely take m ore staff resources than would
be offset by any revenue generated. Therefore, staff does not recommend extending
this measure.
Affected Ordinances
Following is a list of specific city ordinances that are affected by these temporary
measures, including the specific provisions that would continue to be temporarily
modified.
Temporary Signs
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Temporarily suspends time limitations as described in Section 30.37.20 (d)(6) a. and b.
Temporarily suspends requirement for banner permit as described in subsection b.
Allows for temporary banners that meet all other applicable criteria as described in
subsections c., d., and e. through May 31, 202 2.
Temporarily suspends requirement for permit for portable freestanding/A-frame signs in
commercial and industrial zoned districts that comply with all other requirements of
Section 30.37.90. Temporarily allows businesses to have one (1) additional portable
freestanding/A-frame sign for the purpose of designating curbside pick-up. The
curbside portable freestanding/A-frame must be adjacent to the parking space used for
curbside pick-up and must maintain an open accessible travel path of at least four (4)
feet in width. Applicable through May 31, 2022.
Allows for additional temporary on-site directional/informational signs on private
property. Signs must comply with requirements of Section 30.37.20 (d) (14). These
signs are limited to providing information or directing pedestrians and vehicular traffic to
operations that have been modified as a direct result of implementi ng County or State
orders and may not be used to advertise or promote products and shall not be placed
on any portion of street, sidewalk, or public right -of-way or impede lines of site.
Applicable through May 31, 2022.
30.37.20 Sign permits.
(a) Issuance. Permits shall be required for all signs in Gilroy, except those
specifically exempted by subsection (d) of this section.
30.37.20 (d) related to banner signs
(6) Temporary banners located over private property to advertise sales and
special promotions which meet the following criteria:
a. Allowed Banners. Within the ten (10) identified periods below, temporary
banners may be displayed without obtaining a sign permit or prior approval by
the city for a maximum of ten (10) consecutive calendar days for e ach period as
follows:
February 14th, and the preceding 9 days
The third Monday of February, and the preceding 9 days
The first Sunday following the first full moon occurring on or after the March
equinox, and the preceding 9 days
The last Monday in May, and the preceding 9 days
July 4th, and the preceding 9 days
The first Monday in September, and the preceding 9 days
October 31st, and the preceding 9 days
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The fourth Thursday of November, and the preceding 9 days
December 25th, and the preceding 9 days
January 1st, and the preceding 9 days
b. Other Banners. The display of other banners outside the periods identified
under subsection (d)(6)(a) of this section, Allowed Banners, shall be allowed for
no more than four (4) periods per calendar year. A banner per mit is required for
each banner display period which is limited to increments of ten (10) consecutive
days, which may include ten (10) day periods, or combined into twenty (20), thirty
(30) or forty (40) consecutive days per display period. Other banners m ay be
displayed no more than a total of forty (40) days each calendar year.
c. No more than three (3) temporary banners shall be allowed for each business
at any one (1) time. If more than one (1) banner is used at a time, the total area
of all banners shall be limited as shown in Column 1, and in no case may the
total banner area exceed the limits set forth in Column 2, as described in the
table below.
d. Banners may be mounted on any side of a building, except no sign shall be
mounted on the side of a building abutting and facing a freeway.
e. Banners shall meet the following size limitations:
COLUMN 1 COLUMN 2
Maximum total banner
area permitted (in
square feet) for each
lineal foot of building
frontage.*
Maximum total
banner area
permitted (in square
feet) regardless of
building frontage*
PO and CCA
Districts
1 1/2 90
C1, TD and CD
Districts
1 1/2 90
DHD and DED
Districts
1 1/2 150
C3, HC, CM
and GD
2 150
M1, M2 2 150
*Building frontage shall be defined pursuant to section 30.37.50(b).
30.37.90 Portable freestanding open house real estate signs and A -frame signs.
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Portable freestanding open house real estate signs and A-frame signs are
allowed in all zoning districts, as follows:
(a) Placement of portable signs shall not be any closer than on e (1) foot from the
street curb edge, where sidewalks exist. Such signs shall not be placed any
closer than seven (7) feet from the street curb edge, where no permanent
walking path exists. In no case shall such signs be placed within a sidewalk
intersection (as defined under section 20.60);
(b) Portable signs shall not block any alley right-of-way, driveway, parking stall,
or building exit;
(c) Under no circumstances shall portable signs be located in a manner which
poses a traffic vision hazard. Portable signs shall not block the corner sight
distance triangle as described in adopted city standards, unless otherwise
approved by the traffic engineer;
(d) Portable signs placed on a public sidewalk must maintain an open accessible
travel path for pedestrian and bicycle passage of at least four (4) feet in width,
and shall comply with the current Department of Justice requirements, describing
Americans with Disability Act (ADA) accessibility standards. Prior to placing a
portable open house sign on a public sidewalk, the signage owner shall procure
insurance and submit to the city a certificate of insurance in an amount and form
acceptable to the city’s risk manager, and adding the city of Gilroy as an
additional insured to the owner’s comprehensive general liab ility policy;
(e) In no case may a portable sign be allowed where less than a minimum four
(4) feet of unobstructed sidewalk width is provided and maintained for safe
pedestrian passage;
(f) Except as otherwise limited, the maximum height for a portable sign shall be
four (4) feet, with a maximum width of two and one -half (2 1/2) feet. Portable
signs shall be constructed of wood (or other stout material) and metal hardware,
with all surfaces painted. All signs shall be professionally manufactured, and
maintained in good repair at all times. Portable signs shall have no electrical,
mechanical, or fixed attachments, including objects that move with the wind;
(g) Portable signs shall not be attached or secured to public property, placed
over any utility box, or within thirty-six (36) inches of a fire hydrant;
(h) Landscaping shall not be modified or damaged to accommodate portable
signs;
(i) Specific to portable freestanding open house real estate signs, such signs may
be off site and are permitted in all districts except the downtown historic district
and expansion district under the following conditions:
(1) Portable open house signs may only be erected on the day(s) and time
on which the property is available for public showing and shall be taken down
during all other times;
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(2) For purposes of this section, “open house” means a scheduled period
of time in which a house, condominium, townhome, or other residential dwelling
unit offered for resale is available for viewing by potential buyers. This term does
not apply to such offers in newly developed communities with model homes or
sales offices;
(j) Specific to portable freestanding A-frame signs, such signs are permitted in
commercial and industrial zone districts under the following conditions:
(1) Each tenant located within a commercial complex or building may have
a single portable A-frame sign, providing that their business has a distinct
individual storefront and separate front entrance for customers;
(2) In the downtown historic district, downtown expansio n district, and
downtown civic/cultural arts district, portable A-frame signs are allowed on a
public sidewalk immediately in front of a business;
(3) In the downtown historic district, a single A-frame sign per side street
direction is allowed, with that single sign offering the opportunity to represent
multiple businesses on that side street;
(4) In all other areas of the city, portable A-frame signs are allowed on
private property within fifteen (15) feet of the front door of the business that it
advertises. For purposes of this section, “front door” means the primary entrance
to a business entity that is most often used by its patrons or customers;
(5) Portable A-frame signs may be displayed only during hours that the
business is open to the public, and shall be stored away from public views at all
other times;
(6) To implement this section, specifications and standards for portable A -
frame signs, including type of frames, sign height and size and font size/type,
may be adopted by the council by resolution;
(7) An exception to the allowed placement of A-frame signs may be
granted by the community development director or designee if a specific
geographic constraint to the property exists such that the business frontage
immediately faces a street from which access to the business is not possible, and
the exception is supported by findings and substantial evidence of such
geographic constraints. In this case an A-frame sign may be permissible, subject
to substantial evidence required herein, allowing an A-frame sign to be placed on
private property at the business entryway or driveway, which entryway or
driveway is located on an adjacent street. Under extreme circumstances, such
exception may be considered on public property, consistent with all pertinent
requirements of this section. Exceptions shall not apply to shopping centers or
strip malls generally. The denial of an exception may be appealed to the planning
commission as provided by section 30.51.50 and the planning commission shall
base its determination consistent with the provisions of this section.
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30.37.20 (d) (14) On-site directional signs, including no trespassing and no
dumping signs, up to four (4) square feet in area and not exceeding four (4) feet
in height. Four (4) such signs are permitted f or developments under one (1) acre,
eight (8) for developments over one (1) acre, and twelve (12) for developments
over fifteen (15) acres.
Outdoor Seating/Dining
Allows for administrative review and approval of temporary outdoor seating proposed on
both private property and public property and right-of-way. Section 30.47.50 (e) of the
municipal code allows for temporary outdoor uses that meet all conditions of the chapter
and where the zoning administrator determines no safety hazards will result from the
proposed use. Temporarily suspends the 30-day limitation specifically for outdoor
dining that meets all other criteria listed and receives approval from the Community
Development Department and allows such use until May 31, 202 2.
Also modifies Section 30.44 of the municipal code that regulates and reviews Street
Furniture Objects to expedite such review and allow modifications on a temporary basis.
Section 30.47.50 Other temporary uses.
Any of the following uses may be permitted, subject to a specific tim e limit not to
exceed thirty (30) consecutive days per calendar year:
(a) Neighborhood bazaar, exhibition, celebration or festival in any district, when
sponsored by an organized group of residents or tenants in the vicinity.
(b) Booth for charitable, welfare, civic or patriotic purposes.
(c) Open-air sale of seasonal items, such as (but not limited to) flowers for
Valentine’s Day, Mother’s Day and graduation, Christmas trees and pumpkins,
except in residential districts. For purposes of this section “seaso nal items”
means those items not typically sold by the on-site permanent retail
establishment and/or by the same retailer.
(d) Sales of fireworks, as regulated by all applicable city policies and ordinances.
(e) Other temporary outdoor uses that meet all o ther conditions of this chapter,
and where the zoning administrator determines that no safety hazards will result
from the proposed use.
Section 30.44 Street Furniture Objects
30.44.10 Statement of intent.
It is the intent of this article to provide specific standards for setting street
furniture objects in the downtown and commercial zoning districts. This chapter
recognizes that:
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(a) For some businesses, setting street furniture objects is an integral part of
doing business in the downtown and commercial zoning districts;
(b) The appearance of the public right-of-way in the downtown and commercial
zoning districts is protected by providing measurable standards for street
furniture object compliance with this chapter and policies referenced herein;
(c) Street furniture objects set out by one (1) merchant should not distract from
the business operations of other merchants; and
(d) These standards are intended only to regulate the setting and placement of
street furniture objects. (Ord. No. 2013-08, § 2 (Exh. A), 8-5-13)
30.44.15 Street furniture objects defined.
A “street furniture object” shall mean any object, other than a portable sign as
regulated under section 30.37.90 or street merchandising under Article XLIII,
which is placed in the public right-of-way. (Ord. No. 2013-08, § 2 (Exh. A), 8-5-
13)
30.44.20 Permitted where.
Street furniture objects are allowed under the following conditions:
(a) Businesses eligible to place street furniture object in the public right -of-way in
accordance with the “Policy for Placement of Street Furniture Objects in the
Public Right-of-Way” shall comply with all provisions of that policy, as it is
amended from time to time, including but not limited to the location of street
furniture objects, insurance and indemnification r equirements, permit approval,
and all conditions of approval.
Sidewalk Exhibition of Merchandise
Temporarily suspends Section 30.24 of the Gilroy Municipal Code regulating display of
merchandise on sidewalks. Temporarily allows sale or exhibition of merch andise on
sidewalks subject to certain requirements as noted above. Applicable until May 31,
2022.
20.34 Sidewalk exhibition of fruit and merchandise prohibited; exception.
No person owning or occupying any building or premises fronting on any public
street in the city shall place or cause to be placed, kept or maintained for sale or
exhibition any fruit, vegetables, goods, wares or merchandise of any kind on any
sidewalk in the city except as specifically provided by the City of Gilroy Zoning
Ordinance; provided, that merchants, tradesmen and persons engaged in
receiving, forwarding and expressing goods and other commodities, may use a
portion of the sidewalk in front of their respective places of business for
depositing such goods or commodities for a per iod of time not exceeding four (4)
hours in any one day.
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ALTERNATIVES
1. The City Council may choose not to adopt some or all recommended measures.
2. The City Council may choose to modify some or all recommended measures.
FISCAL IMPACT/FUNDING SOURCE
These measures have no cost associated with them other than minimal staff time
associated with reviewing permits or requests. Some potential loss of revenue for
businesses that would have otherwise obtained a permit for permanent placement of
outdoor dining.
CONCLUSION
The measures implemented a year ago have has mixed results largely because the
measures were enacted early on during the pandemic before fully understanding the
needs or how business restrictions would evolve. Now that a full year has passed, staff
recommends extending some measures while allowing others to expire.
The most popular of the measures has been related to outdoor dining. Extending
measures related to outdoor dining allows continued temporary use, while also planning
for a transition to a permanent program including additional standards that will enhance
the downtown and other areas with outdoor dining .
NEXT STEPS
Continue measures noted through May 31, 2022. Return to Council with
recommendations for permanent outdoor dining programs prior to that time.
PUBLIC OUTREACH
Staff has discussed plans to extend these measures with the Gilroy Downtown
Business Association and Chamber of Commerce.
Attachments:
1. Resolution - Business Stimulus 5-3-21
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CITY COUNCIL RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY, CALIFORNIA, EXTENDING IMPLEMENTATION OF
A BUSINESS STIMULUS PACKAGE TO ASSIST LOCAL
BUSINESSES AFFECTED BY COVID-19
WHEREAS, on January 30, 2020, the World Health Organization declared
the COVID-19 outbreak a Public Health Emergency of International Concern, and on
January 31, 2020, the United States Secretary of Health and Human Services declared a
Public Health Emergency; and
WHEREAS, on March 13, 2020, the Director of Emergency Services issued
a proclamation declaring the existence of a local emergency within the City relating to
COVID-19, pursuant to the Emergency Services Act (Government Code Section 8550, et
seq.), and on March 16, 2020, the City Council adopted a resolution ratifying the
declaration of local emergency; and
WHEREAS, the Centers for Disease Control and Prevention recommends
social distancing measures to slow the spread of COVID-19, including by maintaining a
physical distance of at least six (6) feet from other people; and
WHEREAS, on March 16, 2020, the Santa Clara County Health Officer
issued a shelter-in-place order to address COVID-19, directing all residents of the County
to shelter in their places of residence except to engage in essential activities as allowed
under the order; and
WHEREAS, on March 19, 2020, the Governor issued a statewide shelter-in-
place order; and
WHEREAS, subsequent orders have been issued by both the Santa Clara
County Health Officer and Governor over the past year; and
WHEREAS, as State and County restrictions affecting business operations
have been modified multiple times over the past year and are still in effect; and
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WHEREAS, Gilroy’s local economy has suffered significantly since the initial
order; and
WHEREAS, on June 1, 2020, the City Council approved recommendations
for temporarily modifying certain requirements to support business and development
activity and to aid in the economic recovery of the City arising from the COVID-19
pandemic, including by facilitating businesses to implement social distancing protocols;
and
WHEREAS, on May 3, 2021, the City Council considered recommendations
to extend temporarily modifying certain requirements to continue the support of business
and development activity to aid in the economic recovery of the City arising from the
COVID-19 pandemic, including facilitating businesses to implement social distancing
prototcols;
WHEREAS, Government Code Section 8634 states that during a local
emergency, a local agency governing body “may promulgate orders and regulations
necessary to provide for the protection of life and property,” and that “[s]uch orders and
regulations and amendments and rescissions thereof shall be in writing and shall be given
widespread publicity and notice”; and
WHEREAS, regulatory flexibility to stimulate the local economy and to
facilitate local businesses to remain open with social distancing protocols in place
throughout the current COVID-19 epidemic is necessary to provide for the protection of life
and property because, (i) a vibrant economy is a necessary component of community
health, and is necessary to avoid significant urban decay and decreased property values;
and (ii) social distancing protocols are necessary to slow the spread of COVID-19 during
the current pandemic; and
WHEREAS, Vehicle Code Section 22507 authorizes cities to adopt local
rules for parking on public streets; and
WHEREAS, Vehicle Code Section 21101(e) authorizes the governing body
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of a local agency to close portions of public streets temporarily by ordinance or resolution
as necessary for the safety and protection of persons who are to use such portions of
streets during the temporary closing; and
WHEREAS, the City of Gilroy, as a municipal corporation and charter city,
has inherent authority to govern and control the use and enjoyment of its own property;
and
WHEREAS, Article XI, Section 7 of the California Constitution states that: “A
county or city may make and enforce within its limits all local, police, sanitary, and other
ordinances and regulations not in conflict with general laws.
NOW, THEREFORE, be it resolved that:
1. The City Council hereby finds that each of the foregoing recitals is true and
correct.
2. As used herein, “County and State Orders” means any shelter-in-place order
or other public health order issued under the authority of and officer of the
County or State that is applicable within the City of Gilroy, and that restricts
public gatherings and business activities for the purpose of slowing the
spread of COVID-19.
3. Temporary banner signs shall be allowed within the City limits without a
permit through May 31, 2022, subject to the criteria set forth in Exhibit A,
and the application of the following provisions of the Gilroy City Code are
hereby suspended to the extent contrary herewith, as further set forth in
Exhibit A: Sections 30.37.30 and 30.37.90.
4. Until May 31, 2022, privately owned parking lots and non-ADA parking
spaces may be used for curbside restaurant, food, and retail merchandise
pickup, subject to criteria set forth in Exhibit A. For downtown businesses or
businesses that cannot provide customer access to privately maintained
parking spaces, City owned public parking spaces may be used instead,
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subject to criteria set forth in Exhibit A. No permit fee will be required.
5. Until May 31, 2022, the City shall make certain City owned public properties,
including sidewalks, plazas, public parking lots, and other rights-of-way,
available for outdoor dining during the pendency of the County and State
orders, subject to requirements set forth in Exhibit A, and the application of
the following provisions of the Gilroy City Code are hereby suspended to the
extent contrary herewith, as further set forth in Exhibit A: Sections 30.44.10,
30.44.15, 30.44.20, and 30.47.50.
6. Until May 31, 2022, the application of Section 20.34 of the Gilroy City Code
shall be suspended during the pendency of the County and State orders, as
set forth in Exhibit A, to allow for sidewalk exhibition of merchandise subject
to requirements further set forth in Exhibit A.
7. Until May 31, 2022, private parking lots, sidewalks, walkways, and plaza
areas, or similar outdoor spaces, may be used for outdoor dining or limited
retail displays during the pendency of the County and State Orders, subject
to requirements set forth in Exhibit A.
8. Until May 31, 2022, portions of public streets may be used for outdoor dining
or limited retail displays during the pendency of the County and State
Orders, subject to requirements set forth in Exhibit A; provided, however,
that no portion of any street shall be closed entirely to through traffic except
as authorized by subsequent resolution of the City Council pursuant to
Vehicle Code Section 21101(e). The City Council hereby directs staff to
place consideration of any such resolution on the consent calendar.
9. To the extent necessary or convenient to implement any provision of this
resolution, the City Engineer or designee is hereby authorized to modify the
rules for use of any parking space located within a public street, which
modified rules shall become effective upon the posting of appropriate
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signage advising the public thereof.
10. This Resolution shall be construed liberally to effectuate its purposes. If any
provision of this Resolution is found by a court of competent jurisdiction to
be invalid or unenforceable, that provision shall be severed and deleted, and
the remaining portions of this Resolution shall remain in full force and effect.
Nothing in this Resolution shall be construed to authorize a violation of the
County and State Orders.
11. City staff shall publicize this Resolution by posting it on the City’s website
and at City Hall, and by providing copies hereof to local media outlets.
PASSED AND ADOPTED by the City Council of the City of Gilroy at a regular
meeting duly held on the 3rd day of May, 2021, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSTENTIONS: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
[Signatures on Following Page]
APPROVED:
_____________________________
Marie Blankley, Mayor
ATTEST:
______________________________
LeeAnn McPhillips, City Clerk
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EXHIBIT A
CITY COUNCIL STAFF REPORT
MAY 3, 2021
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