HomeMy WebLinkAbout2021-01-25 City Council Regular Meeting Agenda Packet
January 20, 2021 5:24 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, JANUARY 25, 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.
THE JANUARY 25, 2021 MEETING WILL BE CONDUCTED PURSUANT TO THE
PROVISIONS OF THE GOVERNOR’S EXECUTIVE ORDER N-29-20
In order to minimize the spread of the COVID 19 virus the City Council is conducting
this meeting by web conference and will be offering alternative options for public
participation. You are encouraged to watch the City Council meeting live on the City of
Gilroy’s website at www.cityofgilroy.org or on Cable Channel 17. To view from the
website, select the City Council Meetings section on the home page.
PUBLIC COMMENTS WILL BE TAKEN ON AGENDA ITEMS BEFORE ACTION IS TAKEN BY THE
CITY COUNCIL. DURING THE MEETING: TO PROVIDE VERBAL PUBLIC COMMENTS ON AN
AGENDA ITEM DURING THIS MEETING, LOG INTO THE ZOOM MEETING OR CALL THE PHONE
NUMBER LISTED HERE AND ENTER THE MEETING
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 comme nts
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 CLERK PRIOR TO THE MEETING TO
shawna.freels@cityofgilroy.org OR MAILED TO: GILROY CITY CLERK, 7351 ROSANNA STREET,
GILROY, CA. 95020, TO BE DISTRIBUTED TO THE COUNCIL MEMBERS AND BE INCORPORATED
INTO THE 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
limited to raising only those issues you or someone else raised at the public hearing held at this
meeting, or in written corresponden ce delivered to the City Council at, or prior to, the public
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City Council Regular Meeting Agenda
01/25/2021 Page2 hearing. Please take notice that the time within which to seek judicial review of any final
administrative determination reached at this meeting is governed by Section 1094.6 of the
California Code of Civil Procedure.
A Closed Session may be called during this meeting pursuant to Government Code Section
54956.9 (d)(2) if a point has been reached where, in the opinion of the legislative body of the City
on the advice of its legal counsel, based on existing facts and circumstances, there is a
significant exposure to litigation against the City.
Materials related to an item on this agenda submitted to the City Council after distribution of the
agenda packet are available with the agenda packet on the City website at www.cityofgilroy.org
subject to Staff’s ability to post the documents before the meeting.
The City Council meets regularly on the first and third Monday of each month, at 6:00 p.m. If a
holiday, the meeting will be rescheduled to the following Monday, with the exception of the single
meeting in July which lands on the first day of the month not a holiday, Friday, Saturday or
Sunday.
KNOW YOUR RIGHTS UNDER THE GILROY OPEN GOVERNMENT ORDINANCE
Government's duty is to serve the public, reaching its decisions in full view of the public.
Commissions, task forces, councils and other agencies of the City exist to conduct the
people's business. This ordinance assures that deliberations are conducted before the
people and that City operations are open to the people's review.
FOR MORE INFORMATION ON YOUR RIGHTS UNDER THE OPEN
GOVERNMENT ORDINANCE, TO RECEIVE A FREE COPY OF THE ORDINANCE
OR TO REPORT A VIOLATION OF THE ORDINANCE, CONTACT THE OPEN
GOVERNMENT COMMISSION STAFF AT (408) 846-0204 or
shawna.freels@cityofgilroy.org
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 Santa Clara Valley Science and Engineering 2020 STEM
Winner Aryan Ganesh
III. PRESENTATIONS TO THE COUNCIL
City Council Regular Meeting Agenda
01/25/2021 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:
shawna.freels@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. Presentation by Jacob Martinez of Digital NEST Youth JobTraining and
Career Development Program
City Council Regular Meeting Agenda
01/25/2021 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 204 0 Policy Advisory
Board, Recycling and Waste Reduction Commission, Santa Clara Co. Library JPA
(alternate), SCVWD Water Commission (alternate), South County Regional Wastewater
Authority Board, Street Naming Committee, VTA Committee for Transit Accessibility
Council Member Leroe-Muñoz - ABAG, CalTrain Policy Group (alternate), Cities
Association of Santa Clara County Board of Directors (alternate), Economic
Development Corporation Board, Gilroy Youth Task Force, SCVWD Water Commission,
Silicon Valley Regional Interoperability Authority Board, South County Youth Task Force
Policy Team (alternate), VTA Mobility Partnership, VTA South County City Group, VTA
Policy Advisory Committee
Mayor Blankley - Cities Association of Santa Clara Co. Board of Directors, Gilroy
Economic Development Partnership, Gilroy Sister Cities Association, Gilroy Youth Task
Force (alternate), Santa Clara Valley Habitat Agency Governing Board, SCVWD Joint
Council-SCRWA-Board Water Resources Committee, South County Regional
Wastewater Authority Board, VTA Board of Directors Alternate, VTA Mobility
Partnership, VTA Policy Advisory Committee, VTA South County City Group
V. FUTURE COUNCIL INITIATED AGENDA ITEMS
A. Gilroy City Code Chapter 30 Zoning Ordinance Amendment to add Bicycle
Parking - Council Member Hilton
B. 2020-2025 Community Plan to End Homelessness - Council Member Hilton
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
City Council Regular Meeting Agenda
01/25/2021 Page5 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.
A. Approval of the January 4, 2021 Regular Meeting Minutes
B. Adoption of a Resolution of the City Council of the City of Gilroy to Declare
Weeds and Refuse a Public Nuisance to Begin the Annual Weed and
Refuse Abatement Process
C. Claim of Pedro Bazurto (The City Administrator recommends a “yes” vote
under the Consent Calendar shall constitute the denial of the claim)
VII. BIDS AND PROPOSALS
A. Award a Contract to McKim Corporation for the Curb Ramp and Minor
Concrete Improvements on 2nd and 3rd Street Project (No. 21-PW-265), and
approve a project expenditure of $69,300.
1. Staff Report: Karl Bjarke, Interim Public Works Director
2. Public Comment
3. Possible Action:
A. Award a contract to McKim Corporation in the amount of $62,999.99 for the
Curb Ramp and Minor Concrete Improvements on 2nd and 3rd Streets Project.
B. Approve the expenditure of $6,300.01 for contingency only to b e expended by
approved Change Orders thus allowing for a maximum project expenditure of
$69,300.00
VIII. PUBLIC HEARINGS - NONE
IX. UNFINISHED BUSINESS
A. Standing Report on Operational Impacts and City/Community Efforts
Related to the COVID-19 Pandemic
1. Staff Report: Jimmy Forbis, City Administrator
2. Public Comment
3. Possible Action:
Receive report.
B. Adoption of the Revised Gilroy City Council Norms
1. Staff Report: Shawna Freels, City Clerk
2. Public Comment
3. Possible Action:
Adopt the revised Gilroy City Council Norms.
X. INTRODUCTION OF NEW BUSINESS
A. Consideration of Proposed Amendments to the Gilroy City Code to
Eliminate Smoking Areas in City Parks
City Council Regular Meeting Agenda
01/25/2021 Page6 1. Staff Report: Adam Henig, Recreation Manager
2. Public Comment
3. Possible Action:
Receive report and direct staff to prepare an ordinance amending Chapter 19B of
the Gilroy City Code entitled “Smoking Pollution Control” to prohibit smoking
areas in city parks.
B. Introduction of Economic Development Incentives for the Business
Attraction and Expansion of Automotive Dealerships
1. Staff Report: Jimmy Forbis, City Administrator
2. Public Comment
3. Possible Action:
Receive report and provide direction to staff.
C. Appointment of Two City Council Members to the South County Joint
Recycled Water Advisory Committee
1. Staff Report: Jimmy Forbis, City Administrator
2. Public Comment
3. Possible Action:
Appoint two Council Members that currently serve on the South County Regional
Wastewater Authority (SCRWA) Board to the South County Joint Recycled Water
Advisory Committee.
D. Review of Approaches and Tools in Addressing Commercial Blight
1. Staff Report: Karen Garner, Community Development Director
2. Public Comment
3. Possible Action:
Receive report and provide direction to staff.
XI. CITY ADMINISTRATOR'S REPORTS
XII. CITY ATTORNEY'S REPORTS
XIII. CLOSED SESSION
City Council Regular Meeting Agenda
01/25/2021 Page7 A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to GC
Sec. 54956.8 and GCC Sec.17A.8 (a) (2); Properties:10th St Bridge: APNs 808 -19-
007, 799-30-006 & 007, 808-19-020, 808-50-999, Thomas Luchessa Bridge: APNs
808-21-025, 023, 021, 018; New Fire Station: APNs 808-18-003, 808-19-029;
Negotiators: Jimmy Forbis, City Administrator; Other Party to Negotiations: Glen
Loma Corp., John M. Filice, Jr.; Negotiating Price and Terms of Payment
Regarding Purchase, Sale, Exchange or Lease
B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to GC
Sec. 54956.8 and GCC Sec.17A.8 (a) (2) Property: 3050 Hecker Pass Highway,
APN’s 783-05-011, 012, 013, 810-17-014,015,021,024,025,026,029, 810-18-
002,010,011,801-19-005,007,010,011,014 (Gilroy Gardens); Negotiators: Jimmy
Forbis, City Administrator, LeeAnn McPhillips, HR/Administrative Services
Director; Other Party to Negotiations: Greg Edgar; Negotiating Price and Terms
C. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to
Government Code Section 54957 and Gilroy City Code Section 17A.11(2);
Employee Name/Title: Shawna Freels, City Clerk
1. Public Comment on Closed Session Items
2. Adjourn to Closed Session
ADJOURN TO OPEN SESSION
Report of any action taken in Closed Session and vote or abstent ion of each
Councilmember if required by Government Code Section 54957.1 and Gilroy Code
Section 17A.13 (a); Public Report of the vote to continue in closed session if required
under Gilroy Code Section 17A.11 (5)
ADJOURNMENT
FUTURE MEETING DATES
Certificate of Commendation
The Mayor and City Council of the
City of Gilroy
Issues to
Aryan Ganesh
this Certificate in Recognition of Your
Achievement as a Santa Clara Valley
Science and Engineering
2020 STEM Winner
_________________
Mayor Marie Blankley
2.A.1
Packet Pg. 8 Communication: Recognition of Santa Clara Valley Science and Engineering 2020 STEM Winner Aryan Ganesh (Proclamations, Awards, and
1
January 25, 2021
Future City Council Initiated Agenda Item
Gilroy City Code Chapter 30 Zoning Ordinance Amendment to add Bicycle Parking
I am requesting to place the “Gilroy City Code Chapter 30 Zoning Ordinance Amendment to add
Bicycle Parking” on an agenda now, rather than have it rolled into the overall Zoning Ordinance
Amendment which is taking place over the course of this year.
Supporting Documentation:
The City of Gilroy does not require bicycle parking in multi-family residential developments and
the California Green Building Code states that it is voluntary unless that jurisdiction requires it
by ordinance. There are no standards on placement and no objective design standards
established. Since our Gilroy BPAC discovered this, we have had at least three multi-family
residential developments that are not required to place bike parking, and several commercial
developments that are required to meet the minimum standards required by the California
Green Building Code.
Development in Gilroy has not slowed down due to COVID-19. The need for this ordinance
amendment is years overdue. The language for the ordinance was drafted in-house and can be
changed anytime. We don’t need to hire a consultant, or wait for the Bicycle Master Plan to be
outsourced. It will cost hundreds of thousands of dollars to get a Bicycle Master Plan and make
any needed changes as we grow. The ordinance amendment language was drafted my myself in
December 2019, staff time has occurred from City Council direction, legal has reviewed, it’s
been presented to the Planning Commission, presented to the developer’s
roundtable/stakeholder outreach, and several public outreach forums have happened since this
was introduced January 2020 to the City Council.
With the recent adoption of SB743 switching CEQA’s review from LOS (Level of Service) to VMT
(Vehicle Mile Traveled), developers will now have to show and implement programs to reduce
their VMT. It’s no longer about how fast a single occupancy vehicle can get to and from a
development. Developers are going to need programs like TDM (Transportation Demand
Management) and objective bicycle parking standards in order to show a reduction in their
VMT. The City of Gilroy does not have either in place. This will force the developer to use what
VTA references. You can see examples of this happening in recent developments Traffic Impact
Contact: Zach Hilton
Zachary.Hilton@cityofgilroy.org
(669) 270-6232
5.A
Packet Pg. 9 Communication: Gilroy City Code Chapter 30 Zoning Ordinance Amendment to add Bicycle Parking - Council Member Hilton (FUTURE
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Analysis. SB35 and SB330 are state laws that allow for streamlining the development process
for residential developments. That means that Commissions & City Council will not be able to
make subjective comments, review developments, and ask for additional features. The need for
objective standards began in 2017.
We are promoting ourselves as a recreation destination by resolution, but we don’t reflect
those values with our residents that need it the most. We are actively embracing, advancing
ideas, and projects that promote the concept of free-range people in the City of Gilroy. We
advocate for building and planning that considers future generations as well as current
residents who don’t own cars. Advancing mobility options reflects what we are teaching the
youth in our community through Safe Routes to School and why we are nationally recognized as
a Bicycle Friendly Community from the League of American Bicyclists, as well as recognized by
the World Health Organization as an Age-Friendly Community.
Timeline-
• January 16, 2020 Planning Commission agreed at their meeting to have this ordinance
on a future agenda when it's finalized
• January 27, 2020 City Council agreed and Council Member Fred Tovar initiated it at their
meeting to have this ordinance on a future agenda when it's finalized.
• January 28, 2020 Bicycle Pedestrian Commission approved this ordinance after taking
public comment and having a presentation from our Building Official Hipolito Olmos
explaining that we don't have a code.
• February 10, 2020 City Council held a Study Session which included Housing and Recent
State Laws, it was there that Community Development Director Karen Garner stated the
following: "Some of the new legislation requires monitoring and reporting to the state.
Staff time must be dedicated to these tasks to ensure compliance with these
requirements. This is in addition to the staff time, including the City Attorney, to review
legislation, analyze how it affects current City ordinances and policies, revise
ordinances, policies and other documents, implement the new or modified processes
and outreach to the public on these changes. Staff is committed to working through
these changes and ensuring City ordinances and policies are reflective of state
legislation as well as keeping the public informed." Council Member Fred Tovar made
another public statement reminding Karen that they also wanted to see the Bike Parking
Ordinance on their agenda.
• Mentioned in the Planning Commission meeting multiple times when updates are
provided from our BPAC meetings in 2020.
• Mentioned in City Council meetings multiple times, including the Gilroy BPAC’s annual
presentation to City Council December 4, 2019, and during public comment.
• It's been covered in the Gilroy Life Newspaper and Gilroy Dispatch multiple times in
2020.
• August 2020 It was properly noticed in the Gilroy Dispatch prior to the Planning
Commission meeting. The Planning Commission chose to take no action on the item and
Staff recommended that the Planning Commission conduct a public hearing to discuss
the proposed ordinance and send the matter back to staff to allow adequate time to
5.A
Packet Pg. 10 Communication: Gilroy City Code Chapter 30 Zoning Ordinance Amendment to add Bicycle Parking - Council Member Hilton (FUTURE
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conduct stakeholder outreach, allow legal review, and make appropriate language
refinements and adjustments.
• I've presented it to Visit Gilroy, GDBA, and Gilroy Chamber of Commerce Executive
Directors who were taking it to their Boards, prior to the Planning Commission meeting
in August 2020.
• November 2020 the ordinance language was taken to the City’s Developer Roundtable
and presented. There was no formal opposition. There was a mention by Eden Housing
to increase the number long-term bike parking spaces for e-bikes and cargo bikes.
To date there has been no formal opposition, just the public comments from Gary Walton,
President and John Taft, Treasurer of the Gilroy Downtown Business Association at the recent
planning commission meeting in support.
Attachments:
Letter of Support
Staff Report
Ordinance Draft
5.A
Packet Pg. 11 Communication: Gilroy City Code Chapter 30 Zoning Ordinance Amendment to add Bicycle Parking - Council Member Hilton (FUTURE
August 19, 2020
RE- Public Comment for Item V.B. Z 20-01, Amendment to Gilroy City Code Chapter 30, Article XXXI, Off-Street Parking
Requirements, to add Bicycle Parking Standards
Good evening Planning Commissioners, City staff and the public,
The Gilroy Downtown Business Association is supportive of the proposed ordinance establishing bike parking facilities
for multi-family projects in the City of Gilroy. As we understand it, unlike cars, there is currently no State or City
requirement for proposed multi-family projects to provide designated areas for on-site bike parking.
Every downtown relies on the ability of people to walk and bike to their downtown destinations. We at the GDBA have
actively promoted biking to our downtown events over the last few years by providing secure and monitored bike
parking. We were pleased to see so many families that biked together downtown for the event use the secure bike
parking we provided. The GDBA also supported the BPC installation of the decorative bike racks and our organization
donated the funds used to purchase the downtown bicycle repair station.
As our downtown continues to grow our restaurant scene and other retail, we will never be able to provide enough
parking if everyone only drove their cars to the downtown. If we did try to supply all that parking there wouldn’t be
much to do because all the land would be taken up by parking lots rather than businesses. Cars don’t buy anything, but
studies have shown that people who bike downtown spend more than those who arrive by car. Not necessarily one-
time purchases, but those on bikes make more frequent trips and purchases than those by car. While we often hear
people complain that they can’t find a place to park their car in our downtown, we have never heard anyone complain
that they couldn’t find a place to park their bike. So, if downtown Gilroy is going to continue to revitalize and grow, we
are going to have to increase the percentage of the public that arrives by foot or by bike.
It is an established axiom that if you build more roads you get more cars and traffic. Conversely, if you build more
bicycle infrastructure then it is a pretty good bet that you will get more bikes and bicycle riding. Obviously, the latter is
more desirable than the preceding for most people. People generally hate traffic, searching for a desirable parking spot
and traffic congestion. It is only good planning to make our community more pedestrian and bike friendly and not just
depend on the automobile for every trip. Having a secure place to park your bike can only help encourage more bicycle
purchases as well as use.
While we understand that the details still need to be worked out, we agree that incentives should be offered to the
developer to offset the cost to provide dedicated bike parking areas. Reduced parking or increased density are two of
the most used incentives to consider. We also agree with the proposal to require additional bike parking for low income
multi-family projects. With the average cost of owning a car around $9,000 per year, it is one of the ways for low-
income individuals can keep more money in their pockets by utilizing alternative transportation options like bicycle
riding for short trips.
Thank you for the service to our community and the opportunity to provide input on this very important topic.
Yours truly,
Gary Walton, President and John Taft, Treasurer
Gilroy Downtown Business Association
5.A
Packet Pg. 12 Communication: Gilroy City Code Chapter 30 Zoning Ordinance Amendment to add Bicycle Parking - Council Member Hilton (FUTURE
Karen L. Garner
DIRECTOR
Community Development
Department
7351 Rosanna Street, Gilroy, California 95020-61197
Telephone: (408) 846-0451 Fax (408) 846-0429
http://www.cityofgilroy.org
DATE: August 20, 2020
TO: Planning Commission
FROM: Melissa Durkin, Planner II
SUBJECT: Z 20-01, Amendment to Gilroy City Code Chapter 30, Article XXXI,
Off-Street Parking Requirements, to add Bicycle Parking Standards
RECOMMENDATION:
Staff recommends that the Planning Commission conduct a public hearing to discuss
the proposed ordinance and send the matter back to staff to allow adequate time to
conduct stakeholder outreach, allow legal review, and make appropriate language
refinements and adjustments.
BACKGROUND:
The CiW\¶V Bic\cOe PedeVWUian Commission (BPC) crafted a proposed bicycle parking
ordinance, which they considered and recommended approval of at their January 20,
2020 meeting (see attachment 1). The primary goals of this ordinance are:
x Establish minimum short-term and long-term bicycle parking stall
requirements for all land uses except single-family residences and
duplexes; and
x Establish bicycle parking stall dimensions, standards, locational
requirements and installation requirements
x Allows bicycle parking to substitute for some required vehicle parking
x Provides for a public bike fund that would allow developers to pay a fee in
lieu of providing bicycle parking on site
After consideration of this ordinance, the BPC forwarded their recommendation to
planning staff, so the ordinance could be presented to the Planning Commission for
review and consideration.
ENVIRONMENTAL ASSESSMENT:
Review and approval of Z 20-02 qualifies for an exemption from environmental review
under section 15061 (b) (3) of the CEQA Guidelines, which states that a project is
e[ePSW fURP CEQA ZheQ ³[W]he acWiYiW\ iV cRYeUed b\ Whe geQeUaO UXOe WhaW CEQA
5.B
Packet Pg. 79
5.A
Packet Pg. 13 Communication: Gilroy City Code Chapter 30 Zoning Ordinance Amendment to add Bicycle Parking - Council Member Hilton (FUTURE
2
applies only to projects which have the potential for causing a significant impact to the
environment. Where it can be seen with certainty that there is no possibi lity that the
activity in question may have a significant effect on the environment, the activity is not
VXbMecW WR CEQA.´
ANALYSIS:
General Plan Consistency: The proposed text amendment conforms to the goals and
policies of the General Plan. Key goals and policies are discussed below:
POLICY # TITLE AND SUMMARY ANALYSIS
12.02 System Function and
Neighborhood Protection.
Ensure that existing and
proposed bikeways serve
the functions they are
intended to serve, while
protecting the character of
residential neighborhoods
The proposed Zoning Ordinance text
amendment would be consistent with this
policy because it promotes bikeway usage
by providing for secure bicycle storage.
12.08 Standard Level of Service
(LOS). Maintain traffic
conditions at LOS C or better
at Gilroy intersections and
roadways.
The proposed Zoning Ordinance text
amendment would be consistent with this
policy because it promotes bicycle usage,
thereby reducing traffic and helping the
city stay within its LOS standard.
12.09 LOS and Air Quality.
Maintain the CiW\¶V Standard
Level of Service whenever
feasible to minimize traffic
congestion and thereby
minimize exposure to carbon
monoxide.
The proposed Zoning Ordinance text
amendment would be consistent with this
policy because it promotes bicycle usage,
which reduces vehicle emissions.
12.10 Land Use and Congestion.
Promote land use planning
that helps to reduce auto-
mobile trips, thereby reducing
congestion and helping to
achieve air quality goals.
The proposed Zoning Ordinance text
amendment would be consistent with this
policy because it promotes bicycle usage,
which reduces vehicle congestion and
vehicle emissions.
12.11 On-site Parking. Ensure
adequate on-site parking in
new developments to meet
the needs of residents,
employees, and patrons.
The proposed Zoning Ordinance text
amendment would be consistent with this
policy because it provides for adequate
bicycle parking in all land use
classifications for all users.
14.01 Non-Auto Modes of Travel.
Emphasize non-auto travel
modes of transportation as a
The proposed Zoning Ordinance text
amendment would be consistent with this
policy because it promotes bicycle usage,
5.B
Packet Pg. 80
5.A
Packet Pg. 14 Communication: Gilroy City Code Chapter 30 Zoning Ordinance Amendment to add Bicycle Parking - Council Member Hilton (FUTURE
3
key strategy for achieving air
quality goals.
which reduces vehicle emissions.
14.03 Bicycle and Pedestrian
Paths and Facilities. Correct
deficiencies, expand existing
facilities, and provide for the
design of safer, convenient
and attractive bicycle and
pedestrian facilities whenever
possible.
The proposed Zoning Ordinance text
amendment would be consistent with this
policy because it provides for bicycle
parking facilities in adequate numbers to
make bike riding attractive.
City Attorney and Staff Recommendations
The CiW\ AWWRUQe\ aQd VWaff haYe UeYieZ Whe BPC¶V SURSRVed RUdiQaQce, aQd SURYide Whe
following comments:
1. The BPC proposes including language that would allow bicycle parking to
substitute up to twenty-five percent (25%) of required vehicle parking. This
section further allows that: a. for every additional five (5) non-required bicycle
parking spaces provided that meet the short or long-term bicycle parking
standards, the motor vehicle parking requirement would be reduced by one (1)
space; and b. existing vehicle parking stalls may be converted to bicycle parking
stalls take advantage of this provision.
Staff Analysis: Encouraging bicycle riding instead of vehicle driving is consistent
ZiWh PaQ\ Rf Whe CiW\¶V GeQeUaO POaQ gRaOV. HRZeYeU, VWaff beOieYeV WhaW a 25%
reduction in vehicle parking stalls would be too aggressive at this time,
particularly for regional-serving commercial uses and multi-family residential
uses. Further, any reduction in vehicle spaces should be based on a parking
study that corroborates the effect of the reduction, rather than on speculation.
If the Planning Commission would like to include this language, we suggest
adjusting the language to allow bicycle parking stalls to substitute required
vehicle parking only if a parking study confirms that adding bicycle parking will
provide a corresponding reduction in the need for vehicle parking.
2. The BPC Ordinance includes an incentives section that allows the Community
Development Director to implement incentives to increase bicycle amenities.
Staff Analysis: The City Attorney has advised that this section is too vague. It
may be appropriate to allow incentives, but the wording will need to have specific
parameters appropriate for an ordinance.
3. The BPC recommends allowing developers to pay specified fees into a public
bike fund, instead of providing short-term bicycle parking on site, if there is no
room for all of the short-term parking.
Staff Analysis: Establishing a bike fund would require setting up an in lieu fee,
which requires study and Council action. The BPC proposes to administer the
5.B
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fund, subject to adjustment by the City Engineer. The City Attorney has reviewed
Whe BPC¶V SURSRVed ordinance and has advised staff that the BPC cannot
administer a fee, and that fees should be set by Council resolutions. An y such
fee would have to be used for specified purposes in coordination with some kind
of program (like a Capital Improvement Program). For these reasons, this section
would need to be eliminated from the ordinance.
4. The BPC ordinance includes a table for the provision of showers for large
developments.
Staff Analysis: Providing showers for bicycle riders is part of a Transportation
DePaQd MaQagePeQW (TDM) VWUaWeg\. The CiW\¶V PXbOic WRUNV DeSaUWPeQW iV
working on a TDM policy, and will include measures for showers either as part of
WhaW SROic\ RU aV SaUW Rf Whe CiW\¶s CEQA standard mitigation measures. This
section would need to be eliminated from the proposed ordinance.
5. The BPC ordinance includes various design requirements and detailed
standards.
Staff Analysis: There are VRPe cRQfOicWV beWZeeQ Whe BPC¶V SURS osed design
requirements and standards. Further, the City Attorney has determined that the
level of detail cRQWaiQed iQ Whe ³DeWaiOed SWaQdaUdV´ VecWiRQ is not appropriate in
an ordinance. The City can develop guidelines through a public process later if
desired.
Based on this analysis, staff has determined that this ordinance requires additional
refinements and language changes before the Planning Commission can act on it.
Comparison to Other Cities
AWWachPeQW WhUee cRPSaUeV GiOUR\¶V SURSRVed SaUNiQg V tandards to standards adopted
by select California cities. Staff selected a few cities in Santa Clara County and a few
cities with somewhat aggressive bicycle parking policies to show how the proposed
ordinance compares.
Overall, GiOUR\¶V SURSRVed RUdiQance is generally more aggressive than the other cities
surveyed, particularly with regard to multi-faPiO\ hRXViQg. GiOUR\¶V SURSRVed RUdiQaQce
requires one parking space per bedroom for affordable multi-family units and student
housing.
According to the BPC chaiU, Whe UeaVRQ GiOUR\¶V RUdiQaQce WaNeV a VWURQgeU VWaQd RQ
requiring bicycle parking is that Gilroy has a larger low-income population than the rest
of Santa Clara County. Low-income households may have lower rates of vehicle
ownership, and rely more-heavily on bicycles for travel. In addition, Gilroy has minimal
public transit opportunities, so providing safe and secure bicycle parking will provide
residents, low-income and otherwise, with a viable transportation method that does not
rely on public transportation. There are many ways to provide dense bicycle storage,
including bicycle parking lifts, that developers can employ to ensure they meet bicycle
parking requirements.
5.B
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Developer Outreach
The bicycle parking ordinance has the potential to significantly impact land use
development projects. The BPC review did not include formal outreach to the
development community. Staff recommends that this step should be taken prior to
planning commission consideration of this ordinance.
Technical Advisory Committee (TAC):
Engineering, Building, Police, and Fire representatives considered this proposed text
amendment on August 6, 2020. Recommendations of the TAC members have been
incorporated into the proposed text amendment.
Noticing:
Notice of this Planning Commission meeting was published in the August 7, 2020
edition of the Gilroy Dispatch. In addition, the Planning Commission public hearing
packet is available through the City's webpage.
Appeal Procedure:
The Planning Commission's action is not final, but rather a recommendation. As such,
the matter will be considered by the City Council at a later date.
Staff supports a recommendation of approval by the Planning Commission.
Next Steps:
Staff recommends sending this ordinance back to staff so that we may conduct
stakeholder outreach meetings, make adjustments to the ordinance, and allow sufficient
time for legal review.
Attachments:
1. BPC Proposed Ordinance
2. Comparison to Other Cities
5.B
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ORDINANCE NO. 2020-??
ORDINANCE NO. 2020-??
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GILROY TO ADD TO THE GILROY CITY CODE CHAPTER 30,
ARTICLE LV, ESTABLISHING BICYCLE PARKING STANDARDS
WHEREAS, the City of Gilroy (“City”) is a nationally recognized League of American Bicyclists;
Bicycle Friendly Community for bicycle planning and use; and
WHEREAS, pursuant to California Constitution article XI, section 7, and the City Charter, section
600, the City Council has the authority to enact ordinances which promote the public health,
safety and general welfare of its residents; and
WHEREAS, the City is committed to improving bicycle infrastructure and facilities within the City
for residents, students, employees and visitors and increasing the bicycle mode share as
described in the City’s General Plan and Bicycle Pedestrian Transportation Plan; and
WHEREAS, the availability of sufficient and appropriate bicycle parking is a critical part of the
City’s strategy to increase bicycle use and meet the goals of its Complete Streets Resolution and
Safe Routes to School Resolution; and
WHEREAS, the purpose of this Bicycle Parking Ordinance for the City is to establish consistent
standards for bicycle parking in the city and the need to provide predictability for new
developments; and
WHEREAS, the Bicycle Parking Ordinance provides for secure bicycle parking for customers,
employees, visitors, and City residents; and
WHEREAS, the standards in the Bicycle Parking Ordinance would supersede and replace bicycle
parking guidelines in the Bicycle Pedestrian Transportation Plan from Feb 2002; and
WHEREAS, the City of Gilroy Bicycle Pedestrian Commission reviewed the Ordinance on TBD ??,
2020 and recommended that the City Council adopt the Bicycle Parking Ordinance; and
WHEREAS, the Planning Commission held a public hearing on TBD ??, 2020 and recommended
that the City Council adopt the Bicycle Parking Ordinance; and
WHEREAS, the City Council of the City of Gilroy held a public hearing on TBD ??, 2020 to
consider adoption of the Ordinance; and
WHEREAS, the subject Gilroy City Code amendments are covered under Section 15061(b)(3),
the general rule that CEQA only applies to projects which have the potential for causing
significant effects on the environment. Where it can be seen with certainty that there is no
5.B.a
Packet Pg. 84 Attachment: BPC Proposed Ordinance (2950 : Z 20-02, Bicycle Parking Standards Ordinance)5.A
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ORDINANCE NO. 2020-??
possibility that the activity in question may have a significant effect on the environment, the
activity is not subject to CEQA.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION I
Article LV, “Bicycle Parking Standards” is hereby added to the Gilroy City Code, Chapter 30, and
read as follows:
ARTICLE LV. Bicycle Parking Standards.
30.55.10 Statement of Intent
This article establishes definitions and standards for bicycle parking throughout the City of
Gilroy. Free secured front row and long-term parking provides an important incentive that
rewards the effort of biking. We actively advance projects and enhancements that promote
mobility as well as the concept of free-range people in the City of Gilroy. We advocate for
building and planning that considers future generations as well as current residents who don’t
own cars. Advancing mobility options reflects what we are teaching the youth in our
community through Safe Routes to School and why we are nationally recognized as a Bicycle
Friendly Community from the League of American Bicyclists, as well as recognized by the World
Health Organization as an Age-Friendly Community. Strong bike parking standards provide
positive economic benefits through keeping our residents local, reducing our carbon footprint,
reducing vehicle miles traveled, and by feeding into a healthy California.
30.55.20 Applicability
1) The provisions of this article shall apply to:
a) All new multiple dwelling developments, non-residential developments,
community facilities and commercial uses set forth in the provisions of this
article requiring planning approval or a building permit.
b) Existing developments that involve a change in use (e.g. from retail to quick
serve restaurant, or residential to office) requiring planning approval or a
building permit.
c) Existing developments that involve expansion, intensification, addition or any
other changes to the site requiring planning approval or a building permit.
2) The provisions of this article do not apply to:
a) Single-family residences and duplexes.
30.55.30 Definitions
The terms in this article have the meanings set forth below:
Alternative Compliance: The determination that the prescribed bicycle parking standard per
land use type is not warranted for a particular project because of the use or location and that
5.B.a
Packet Pg. 85 Attachment: BPC Proposed Ordinance (2950 : Z 20-02, Bicycle Parking Standards Ordinance)5.A
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ORDINANCE NO. 2020-??
an adjustment to the standard for the project is necessary, based on the considerations
established for alternative compliance.
Bicycle Parking Space: The volume of space that is used to accommodate the storage of one
locked bicycle. Bicycle parking spaces are to be designed and spaced in a way that
accommodates for typical two-wheel bicycles and alternative bicycles.
Alternative Bicycle: Non-traditional bicycles with larger parking space requirements, including
but not limited to, cargo bikes, bikes with trailers, recumbent bikes, etc.
Short Term Bicycle Parking: Bicycle parking spaces intended to be used for periods of time that
are two hours or less and are targeted to visitors, customers and other short-term users. Short
term bicycle parking racks shall provide two points of contact for a bicycle, allow for locking of
the frame to the rack, and be securely anchored to the ground or wall. Short term bicycle
parking shall be in a visible location, as near as possible to entrances. Short-term bicycle
parking encourages shoppers, customers, messengers, and other visitors to use bicycles by
providing a convenient and readily accessible place to park bicycles. Short-term bicycle parking
should serve the main entrance of a building and should be visible to pedestrians and bicyclists.
Required short-term bicycle parking must meet the following standards:
1) Uniform Storage Requirements- Short-term bicycle parking must be provided in
lockers or racks that meet the standards of Subsection 30.55.50.
2) Location- Short-term bicycle parking must be:
a) Outside a building;
b) At the same grade as the sidewalk or at a location that can be reached by an
accessible route; and
c) Within the following distances of the main entrance:
3) Building with one main entrance- For a building with one main entrance, the
bicycle parking must be within 50 feet of the main entrance to the building as
measured along the most direct pedestrian access route. See Figure 266-8;
4) Building with more than one main entrance- For a building with more than one
main entrance, the bicycle parking must be along all facades with a main
entrance, and within 50 feet of at least one main entrance on each facade that
has a main entrance, as measured along the most direct pedestrian access route.
See Figure 266-9;
5) Sites with more than one primary building- For sites that have more than one
primary building, but are not an institutional campus, the bicycle parking must
be within 50 feet of a main entrance as measured along the most direct
pedestrian access route, and must be distributed to serve all primary buildings.
See Figure 266-10;
6) Institutional Campus- On an institutional campus with more than one building or
main entrance, the bicycle parking must be either: Within 50 feet of a main
entrance as measured along the most direct pedestrian access route; or if the
5.B.a
Packet Pg. 86 Attachment: BPC Proposed Ordinance (2950 : Z 20-02, Bicycle Parking Standards Ordinance)5.A
Packet Pg. 20 Communication: Gilroy City Code Chapter 30 Zoning Ordinance Amendment to add Bicycle Parking - Council Member Hilton (FUTURE
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ORDINANCE NO. 2020-??
short-term bicycle parking is more than 50 feet from a main entrance, it must be
in a common bicycle parking location along a pedestrian access route.
Long Term Bicycle Parking: Bicycle parking spaces intended to be used for periods of time that
are longer than two hours and are targeted to residents, employees and other long-term users.
Long term bicycle parking typically offers increased levels of security in lit, covered, and
permanently anchored locations, which are proximate to employee or resident
locations/entrances. Long term bicycle parking may be accompanied or used in conjunction
with storage lockers, locked rooms or enclosures, and parking areas internal to the building.
Long-term bicycle parking provides employees, students, residents, commuters and others who
generally stay at a site for several hours, a secure and weather-protected place to park bicycles.
Although long-term parking does not have to be provided on-site, the intent of these standards
is to allow bicycle parking to be within a reasonable distance in order to encourage bicycle use.
Required long-term bicycle parking must meet the following standards:
1) Uniform Storage Requirements- Long-term bicycle parking must be provided in
racks or lockers that meet the standards of Subsection 30.55.50;
2) Location- Long-term bicycle parking must be located on the site or in an area
where the closest point is within 300 feet of the site;
3) Covered Spaces- At least 50 percent of required long-term bicycle parking must
be covered and meet the standards of Paragraph 30.55.50, Covered Bicycle
Parking; and
4) Security- To provide security, long-term bicycle parking must be in at least one of
the following locations:
a) In a locked room;
b) In an area that is enclosed by a fence with a locked gate. The fence must
be either 8 feet high, or be floor-to-ceiling;
c) Within view of an attendant or security guard;
d) Within 100 feet of an attendant or security guard;
e) In an area that is monitored by a security camera; or
f) In an area that is visible from employee work areas.
30.55.40 Bicycle parking standards
1) This article establishes bicycle parking standards as follows in Table 1, except as further
noted:
Table 1
Residential (Multi-Family) General
Residential (Multi-Family) For Students/Low-
Income/Any Percentage of Affordable
1 Long-Term per 1 Unit + 1 Short-Term per 15 Units
1 Long-Term per Bedroom + 1 Short-term per 10 Units
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ORDINANCE NO. 2020-??
Schools
• Elementary, Middle & High Schools
• Colleges - Student residences
• Academic buildings and other university
facilities
1 Long-Term per 30 employees + 1 spot per 12
students (50% Long-Term and 50% Short-Term)
1 Long-Term per 4.5 beds + 1 Long-Term per 30
employees
1 Long-Term per 30 employees + 1 spot per 9 student
seats (25% Long-Term and 75% Short-Term)
Park-and-Ride Lots/Parking Garages 7% of auto parking (75% Long-Term & 25% Short-
Term)
Cultural/Recreational (Includes libraries, theatres,
museums, & religious institutions)
1 Long-Term per 30 employees + (1 Short-Term 1,500
sq. ft. or Short-Term per 60 seats (whichever is
greater)
Parks/Recreational Fields 1 Long-Term per 30 employees + 1Short-Term per 9
users During peak daylight times of peak season
Retail Sales/Shopping Center/Financial
Institutions/Supermarkets
1 Long-Term per 5,000 sq. ft. + 1 Short-Term per 2,500
sq. ft.
Office Buildings/Offices 1 Long-Term per 5,000 sq. ft. + 1 Short-Term per
10,000 sq. ft.
Hospitals 1 Long-Term per 30 employees + 1 Short-Term per 45
beds
Restaurants 1 Long-Term per 30 employees + 1 Short-Term per
3,000 sq. ft.
Industrial 1 Long-Term per 30 employees or 1 Long-Term per
15,000 sq. ft
Day Care Facilities 1 Long-Term per 30 employees + 1 short term per 30
children
Auto-Oriented Services 1 Long-Term per 30 employees
Other Uses Same as most similar use listed
*Historic Downtown Core Area Includes all non-residential land use types in
downtown. Apply same standards for land use above
when feasible. City provides an on-going bicycle rack
program for the Historic Downtown Core Area.
Hotels/Motels/Bed-&-Breakfasts 1 Long-Term per 30 rooms + 1 Long-Term per 8
employees + Short-Term is 5% of required vehicle
parking
2) *Historic Downtown Core Area – All Non-Residential Uses. The City employs an on-going
bicycle parking program within the public right-of-way for the Historic Downtown Core Area.
Businesses and developments within the Downtown Core Area are not required to provide
bicycle parking if adequate on- site space is not available, as determined by the Community
Development Director. Downtown multi-family developments shall comply with the
requirements of this article.
3) Minimum requirements- All non-residential uses shall provide a minimum of two bicycle
parking spaces per site. In the case of multi-tenant buildings minimum required bicycle parking
shall be two spaces per tenant. Alternative compliance may supersede this requirement. At
least one long-term bike parking space shall be provided for oversized bicycles per every twenty
5.B.a
Packet Pg. 88 Attachment: BPC Proposed Ordinance (2950 : Z 20-02, Bicycle Parking Standards Ordinance)5.A
Packet Pg. 22 Communication: Gilroy City Code Chapter 30 Zoning Ordinance Amendment to add Bicycle Parking - Council Member Hilton (FUTURE
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ORDINANCE NO. 2020-??
long-term bike parking spaces. At least one long-term bike parking space shall be provided with
an e-bike charging station per every twenty long-term bike parking spaces.
4) Alternative compliance, as established in Section 30.55.80, may be applied to all land use
classifications.
30.55.50 Detailed standards and installation guidelines
All accessory bicycle parking spaces shall be provided on the same parcel as the building or use
to which such spaces are required. Short-term bicycle parking facilities that consist of
permanently anchored bicycle racks shall be located in a convenient, highly visible and well
lighted area within 50 feet of a building entrance and within view of pedestrian traffic. Long-
term bicycle parking facilities for tenant and occupant use shall be conveniently accessible by
pedestrians from the street and shall be at least as convenient and close to building entrances
as the nearest non-disabled automobile parking space. Further detailed standards and findings-
such as acceptable dimensions are provided in the Association of Pedestrian and Bicycle
Professionals' "Bicycle Parking Guidelines" and the City of Gilroy “Bicycle Parking Guidelines
Worksheet”, which is maintained by the Public Works Department and Gilroy Bicycle Pedestrian
Commission (Gilroy BPAC).
1) Purpose- These standards ensure that required bicycle parking is designed so
that bicycles may be securely locked without undue inconvenience and will be
reasonably safeguarded from intentional or accidental damage.
2) Bicycle lockers- Where required bicycle parking is provided in lockers, the lockers
must be securely anchored.
3) Bicycle racks- The Public Works Department maintains the “Bicycle Parking
Guidelines Worksheet” of racks and siting guidelines that meet the standards of
this paragraph. Required bicycle parking may be provided in floor, wall, or ceiling
racks. Inverted “U” style racks are preferred. Rolling/wave racks are not
permitted. Where required bicycle parking is provided in racks, the racks must
meet the following standards:
a) The bicycle frame and one wheel can be locked to the rack with a high
security, U-shaped shackle lock if both wheels are left on the bicycle;
b) A space 2 feet by 6 feet must be provided for each required bicycle
parking space, so that a bicycle six feet long can be securely held with its
frame supported so that the bicycle cannot be pushed or fall in a manner
that will damage the wheels or components.
c) The rack must be securely anchored.
4) Parking and maneuvering areas-
a) Each required bicycle parking space must be accessible without moving
another bicycle
b) There must be an aisle at least 5 feet wide behind all required bicycle
parking to allow room for bicycle maneuvering. Where the bicycle
parking is adjacent to a sidewalk, the maneuvering area may extend into
the right-of-way; and
5.B.a
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ORDINANCE NO. 2020-??
c) The area devoted to bicycle parking must be hard surfaced.
d) Covered bicycle parking. Covered bicycle parking, as required by this
section, can be provided inside buildings, under roof overhangs or
awnings, in bicycle lockers, or within or under other structures. Where
required covered bicycle parking is not within a building or locker, the
cover must be:
a) Permanent;
b) Designed to protect the bicycle from rainfall; and
c) At least 7 feet above the floor or ground.
e) Signs-
a) Light rail stations and transit centers. If required bicycle parking is
not visible from the light rail station or transit center, a sign must
be posted at the station or center indicating the location of the
parking.
b) Other uses. For uses other than light rail stations and transit
centers, if required bicycle parking is not visible from the street or
main building entrance, a sign must be posted at the main
building entrance indicating the location of
the parking.
f) Use of required parking spaces-
a) Required short-term bicycle parking spaces must be available for
shoppers, customers, messengers, and other visitors to the site.
b) Required long-term bicycle parking spaces must be available for
employees, students, residents, commuters, and others who stay
at the site for
several hours.
30.55.60 Calculation of required spaces
1) When a tract of land is developed with a mixed use building or development
such as residential/commercial, residential/office, or retail/office, but is
developed under single ownership or control, the required bicycle parking will be
determined by calculating the required parking for each individual land use and
then adding the individual requirements together to create a total bicycle
parking requirement.
2) When the required number of spaces is based on net building area, the net
building area of any accessory use is included with the primary use in the
calculation. (e.g. manufacturing site with accessory office space).
3) After the bicycle parking requirement has been calculated, if the requirement
results in a fraction of a space to be provided, the parking space requirement
shall be rounded to the nearest whole number.
5.B.a
Packet Pg. 90 Attachment: BPC Proposed Ordinance (2950 : Z 20-02, Bicycle Parking Standards Ordinance)5.A
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30.55.70 Incentives
Should a business or institution be interested in going above and beyond the bicycle parking
requirements and amenities as specified in this article, certain measures can be taken. The
Community Development Director or her/his designee reserves the right to implement certain
incentives to help assist the implementation of increased bicycle amenities, such as, locker
rooms, showers, or indoor secure bicycle parking. Potential incentives may include offsetting
the required number of vehicle parking spaces (2 spaces maximum or five percent (5%) of
required vehicle parking), or other design requirements to accommodate space for secure
bicycle parking, and other bicycle commuter amenities.
1) Bicycle parking may substitute for up to 25 percent of required parking. For every 5
non-required bicycle parking spaces that meet the short or long-term bicycle
parking standards, the motor vehicle parking requirement is reduced by one space.
Existing parking may be converted to take advantage of this provision.
30.55.80 Alternative Compliance Public Bike Fund (Bicycle Parking Fund Option)
1) This option may be used only if it is not possible to provide all of the required
short-term bicycle parking on site in a way that complies with all of the standards
in 30.55.40 Bicycle parking standards. This option may NOT be used if:
a) There are surface parking areas, plazas, exterior courtyards, or other open areas
on the site, other than required landscaping;
b) Those open areas are large enough, separately or in combination, to
accommodate all required short-term bicycle parking; and
c) The open areas meet the locational requirements of 30.55.40 Bicycle parking
standards
2) Fund use and administration- The Public Bike Fund is collected and administered by
the Gilroy Bicycle Pedestrian Commission’s 801 Fund. The funds collected will be
used to install bicycle parking and associated improvements in the right-of-way,
and will be marked reserved for bike parking on the balance sheet. The City
Engineer will adjust the fee schedule annually using the California Composite
Construction Cost Index in Table 2.
3) This option may not be used if any required short-term bicycle parking is provided
on site.
“All or Nothing”
A developer has the choice of placing ALL required short-term bicycle parking on site OR using
the Bicycle Parking Fund option and paying the fees for the total amount of short-term bicycle
parking required on site. The developer cannot “mix and match,” placing some required short-
term bicycle parking on site and paying into the fund for some of it. The intent is to make it
easier to track the properties that have used the option and paid into the fund. Also, it prevents
a developer from avoiding paying higher fees by placing some of the bike parking on site and
“buying out” of the higher-priced bicycle parking.
5.B.a
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ORDINANCE NO. 2020-??
An exception to “all or nothing” exists for the expansion of development and change or tenant
where additional short-term bicycle parking is required and some already exists on site and
meets the current regulations. Two spaces are generally the minimum number required for
short-term bicycle parking. Placing a single rack (that accommodates two bicycles) in the right-
of-way is relatively easy and inexpensive. The fees for one or two spaces are also kept low to
minimize the impact on small businesses.
Table 2
Number of Bicycle
Parking Spaces
Required
Total Cost Number of Bicycle
Parking Spaces
Required
Total Cost
1 $134 12 $16,990
2 $268 13 $17,994
3 $1270 14 $18,997
4 $2,274 15 $20,001
5 $3,278 16 $21,004
6 $4,281 17 $22,008
7 $5,285 18 $23,012
8 $6,288 19 $24,014
9 $7,292 20 $25,018
10 $14,983 21 $28,020
11 $15,987 22 or more spaces $26,757
30.55.90 Required Shower, Locker, & Dressing Facilities
All new buildings and additions to existing buildings that result in a total floor area as shown in
the following table shall be required to provide employee showers and dressing areas for each
gender as shown in the following Table 3. Land uses required by this section shall also provide
dressing rooms for each gender and one locker for each required long-term bicycle parking
space. Required lockers shall be located in relation to required showers and dressing areas to
permit access to locker areas by either gender.
Table 3
Type of Land Use 1 Shower for Each Gender 1 Additional Shower for Each
Gender
Office Uses (Business, Professional) 50,000 to 149,999 sqft Each 100,000 sqft or portion
thereof over 150,000 sqft
Retail Trade, Services Uses 50,000 to 299,999 sqft Each 200,000 sqft or portion
thereof over 300,000 sqft
Manufacturing and Industrial Uses 50,000 to 299,999 sqft Each 200,000 sqft or portion
thereof over 300,000 sqft
5.B.a
Packet Pg. 92 Attachment: BPC Proposed Ordinance (2950 : Z 20-02, Bicycle Parking Standards Ordinance)5.A
Packet Pg. 26 Communication: Gilroy City Code Chapter 30 Zoning Ordinance Amendment to add Bicycle Parking - Council Member Hilton (FUTURE
Gilroy Proposed Santa Rosa Davis Morgan Hill San Mateo Mountain View San Jose Applicability x All new non-sfr/duplex structures/uses x Change in use x Any change that requires planning approval or bldg. permit x All multi-family projects and nonresidential use x All new non-sfr/duplex structures/uses x Change in use x Any change that requires planning approval or bldg. permit x All multi-family developments of five units or more x Commercial uses and commercial parking lots of ten spaces or more x New development projects, additions to existing buildings, and new living units in existing buildings. x New construction, re-construction or transfer of use to new parcel. x Buildings with multiple uses shall provide parking base on all uses. x Determination by Zoning Administrator. For uses not listed in the schedules of parking requirements x Bicycle parking facilities shall be provided in compliance with this section and the Bicycle Parking Guidelines provided by the community development department. x Any building requiring a building permit x Every development that creates more than five thousand square feet of outdoor uses for which a development permit application was submitted Residential x Residential (Multi-Family) General-1 Long-Term per 1 Unit + 1 Short-Term per 15 Units x Residential (Multi-Family) For Students/Low- Income/Any Percentage of Affordable-1 Long-Term per Bedroom + 1 Short-term per 10 Units x Residential-1 space per 4 units if units do not have a private garage or private storage space for bike storage. x Residential - multifamily-1 per bedroom short term 25% long term 75% x Residential- Short-Term Spaces- 10% of required automobile spaces; minimum of 4 spaces. Long Term- 1 per 5 units x Studio-short term- 0.05 per unit. Long term- 1.0 per unit x 1-bedroom short term- 0.05 per unit- long term- 1.0 per unit x 2-bedroom-short term- 0.10 per unit. Long term- 1.25 per unit x 3 or more bedroom (or any dwelling unit over 1,400 square feet in floor area)- short term-0.15 per unit. Long term- 1.5 per unit x Multi-family dwellings- 1 space per unit ± guest 1 space per 10 units x Multiple Dwelling, 1 bdr, 2 bdr, 3 bdr, ea additional bedroom- 1 per every 4 living units. 60% long term, 40% short term. Restaurant x Restaurants-1 Long-Term per 30 employees + 1 Short-Term per 3,000 sq. ft x Restaurants, café, coffee shop table and counter-1 space per 4,000 sf x Restaurant -quick serve- 1 per 150 sf short term 75% , long term 25% x Restaurant sit down- 1 per 500 sf short term 75%- long term 25% x Non-residential uses- Short term- 10% of required automobile spaces, long term- 1 per 20 required automobile spaces for uses 10,000 sq. ft. or greater x Fast food, drive-in, drive-thru, and take-out restaurants, Restaurants, taverns, lounges, and other establishments for on-site food consumption and beverages Short term- 1 per 10,000 s.f., long term- 1 per 20,000 x Fast food (counter service) -5 percent of vehicle spaces x Public eating establishments-1 per 50 seats or 1 per 800 sq. ft. of dining area, whichever requires the greater number of parking spaces Retail x Retail Sales/Shopping Center/Financial Institutions/Supermarkets-1 Long-Term per 5,000 sq. ft. + 1 Short-Term per x All retail trade uses-1 space per 5,000 sf. x Retail, general commercial-1 per 1000 sf. Short term- 75%, long term 25% x Non-residential uses- Short term- 10% of required automobile spaces, long term- 1 per 20 required automobile x Community Shopping Center, short term 1 per 5,000 s.f., long term 1 per 12,000 s.f. x Regional Shopping x Retail Stores 5 percent of vehicle spaces x Retail sales, goods and merchandise-1 per 3,000 sq. ft. of floor area 5.B.bPacket Pg. 93Attachment: Comparison to Other Cities (2950 : Z 20-02, Bicycle Parking Standards Ordinance)
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Packet Pg. 27 Communication: Gilroy City Code Chapter 30 Zoning Ordinance Amendment to add Bicycle Parking - Council Member Hilton (FUTURE
Gilroy Proposed Santa Rosa Davis Morgan Hill San Mateo Mountain View San Jose 2,500 sq. ft. spaces for uses 10,000 sq. ft. or greater Center, short term 1 per 10,000 sf. Long term 1 per 20,000 sf. Office x Office Buildings/Offices-1 Long-Term per 5,000 sq. ft. + 1 Short-Term per 10,000 sq. ft. x All business, financial, and professional service uses, except those listed below-1 space per 5,000 sf. Professional, medical, dental ,government, clinic, bank -1 per 1,500 sf short term-75%, long term- 25% x Non-residential uses- Short term- 10% of required automobile spaces, long term- 1 per 20 required automobile spaces for uses 10,000 sq. ft. or greater x Offices- short term 1 per 20,000 sf., long term 1 per 10,000 sf x Offices, administrative, corporate, research and development- 5 percent of vehicle spaces x Offices, general business, Offices, research and development, Financial institution-1 per 4,000 sq. ft. of floor area Industrial x Industrial-1 Long-Term per 30 employees or 1 Long-Term per15,000 sq. ft x Industrial Less than 50,000 sf.- 1 space per 7,000 sf. or as determined by CUP. x Industrial - Equal to or greater than 50,000 sf.- 1 space per 14,000 sf. or as determined by CUP. x Light Industrial-1 per 2,000 sf, short term 75%, long term 25% x Industrial-1 per 7,500 sf, short term 75%, long term 25% x Non-residential uses- Short term- 10% of required automobile spaces, long term- 1 per 20 required automobile spaces for uses 10,000 sq. ft. or greater x Wholesale establishments, warehouses, storage buildings, or structures, short term 1 per 5,000 s.f. long term 1 per 20,000 s.f. x Warehousing and data centers- 5 percent of vehicle spaces x Warehouse, Stockyard, including slaughter, Mini warehouse/ministorage-1 per 10 full-time employees Minimum requirements x All non-residential uses shall provide a minimum of 2 spaces x Multi-tenant- 2 spaces per tenant x A minimum of two short-term bicycle parking spaces and one long-term bicycle parking space shall be provided for new nonresidential development. x All non-residential uses shall provide a minimum of 2 spaces per site. x Multi-tenant buildings shall be two spaces per tenant. x Alternative compliance may supersede this requirement. x All parking shall be dedicated for the exclusive use of bicycles. x Short-term spaces shall permit the locking of the frame and 1 wheel with a U-type lock, support the bicycle in a stable position without damage. x Art racks are subject to review by the Zoning Administrator. x Long-term spaces shall permit the locking of the frame and 1 wheel with a U-type lock and support the bicycle in a stable position without damage. x Facilities shall be anchored so they cannot be removed and be of sufficient strength to resist vandalism and theft. Long term parking 1) Uniform Storage Requirements- Long term bicycle parking 1) Long term bicycle parking protects the entire bicycle and its 1) Bicycle parking spaces intended to be used for periods of time that are 1) Long-term/class I bicycle parking provides employees, residents, 1) Each long-term bicycle parking space shall consist of a locker or a 1) Protects against theft of entire bicycle. The facility shall also protect 1) Secure bicycle storage facilities for tenants or occupants of a building 5.B.bPacket Pg. 94Attachment: Comparison to Other Cities (2950 : Z 20-02, Bicycle Parking Standards Ordinance)
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Packet Pg. 28 Communication: Gilroy City Code Chapter 30 Zoning Ordinance Amendment to add Bicycle Parking - Council Member Hilton (FUTURE
Gilroy Proposed Santa Rosa Davis Morgan Hill San Mateo Mountain View San Jose must be provided in racks or lockers 2) Location- Long-term bicycle parking must be located on the site or in an area where the closest point is within 300 feet of the site; 3) Covered Spaces- At least 50 percent of required long-term bicycle parking must be covered and meet the standards of Paragraph 30.55.50, Covered Bicycle Parking; and 4) Security- To provide security, long-term bicycle parking must be in at least one of the following locations: x In a locked room; x In an area that is enclosed by a fence with a locked gate. The fence must be either 8 feet high, or be floor-to-ceiling; x Within view of an attendant or security guard; x Within 100 feet of an attendant or security guard; x In an area that is monitored by a security camera; or x In an area that is visible from employee work areas. components from theft, vandalism, and inclement weather. 2) Bicycle lockers. A bicycle locker is a fully enclosed space for one bicycle, accessible only to the owner of the bicycle. A bicycle locker must be equipped with an internally mounted key-actuated or electronic locking mechanism, and not lockable with a user-provided lock. Groups of internal-lock bicycle lockers may share a common electronic access mechanism provided that each locker is accessible only to its assigned user. Bicycle lockers shall be constructed of molded plastic/fiberglass, solid metal or perforated metal. 3) A restricted-access bicycle enclosure is a covered or indoor locked area containing within it one bicycle rack space for each bicycle longer than two hours and are targeted to residents, employees and other long term users. 2) Long term bicycle parking typically offers increased levels of security in lit, covered, and permanently anchored locations, which are proximate to employee or resident locations/entrances. 3) Long term bicycle parking may be accompanied or used in conjunction with storage lockers, locked rooms or enclosures, and parking areas internal to the building. visitors and others who generally stay at a site for several hours a secure and weather-protected place to park bicycles. 2) Long-term parking may be located in garages or other limited access areas for exclusive use by tenants or residents. rack located within a locked enclosure, such as a secure room or controlled access area, providing protection for each bicycle from theft, vandalism and weather. 2) Long-term bicycle parking is meant to accommodate employees, students, residents, commuters, and others expected to park more than two (2) hours the bicycles from inclement weather. Three (3) design alternatives for Class I facilities are as follows: x A fully enclosed, weather-resistant space x Located within an interior locked room or locked enclosure. x An exterior enclosure for individual bicycles, where contents are visible from the sides but the top is covered. 2) Class I facilities other than lockers, restricted access rooms or enclosed cages, but providing the same level of security, may be approved by the zoning administrator. A written building management policy of permitting bicycles to be stored in private offices or multi-family dwellings (including apartments, townhomes and condominiums), or in designated areas within the structure where adequate security is provided, may be approved by the zoning administrator as an alternative to Class I facilities. or development that fully enclose and protect bicycles and may include: x A covered, access-controlled enclosure such as a fenced and gated area with short-term bicycle parking facilities. x An access-controlled room with short-term bicycle parking facilities; and x Individual bicycle lockers that securely enclose one bicycle per locker. Short Term Parking 1) Short-term bicycle parking must be: 2) Outside a building; 1) Short term bicycle parking is typically in the form of bicycle racks. 1) Bicycle parking spaces intended to be used for periods of time that are 1) Short-term/class II bicycle parking provides shoppers, 1) Short-term bicycle parking shall consist of a bicycle rack or racks and 1) A stationary object to which the user can lock the frame and both 1) Short-term bicycle parking facilities mean bicycle facilities 5.B.bPacket Pg. 95Attachment: Comparison to Other Cities (2950 : Z 20-02, Bicycle Parking Standards Ordinance)
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Packet Pg. 29 Communication: Gilroy City Code Chapter 30 Zoning Ordinance Amendment to add Bicycle Parking - Council Member Hilton (FUTURE
Gilroy Proposed Santa Rosa Davis Morgan Hill San Mateo Mountain View San Jose 3) At the same grade as the sidewalk or at a location that can be reached by an accessible route; and 4) Within the following distances of the main entrance: 5) Building with one main entrance- For a building with one main entrance, the bicycle parking must be within 50 feet of the main entrance to the building as measured along the most direct pedestrian access route. See Figure 266-8; 6) Building with more than one main entrance- For a building with more than one main entrance, the bicycle parking must be along all facades with a main entrance, and within 50 feet of at least one main entrance on each facade that has a main entrance, as measured along the most direct pedestrian access route. See Figure 266-9; 7) Sites with more than one primary building- For sites that have more than one primary building, but are not an institutional campus, the bicycle parking must be within 50 feet of a main entrance as measured along the most direct pedestrian access route, and must be distributed to serve all primary buildings. See Figure 266-10; 2) Bicycle racks must meet the following criteria: a. Supports the bicycle upright by its frame in two places; b. Prevents the wheel of the bicycle from tipping over; c. Enables the bicycle frame and at least one wheel to be secured to the rack with a U-lock; d. Rack is constructed of materials that resist cutting by manual tools such as bolt cutters, hand saws, abrasive cutting cables and pipe cutters; e. Rack is securely anchored to the ground. two hours or less and are targeted to visitors, customers and other short term users. 2) Short term bicycle parking racks shall provide two points of contact for a bicycle, allow for locking of the frame to the rack, and be securely anchored to the ground or wall. Short term bicycle parking shall be in a visible location, as near as possible to entrances. customers, messengers and other visitors who generally park for two hours or less a convenient and readily accessible place to park bicycles. is meant to accommodate visitors, customers, messengers, and others expected to park not more than two (2) hours wheels. Should be protected from weather whenever possible. 2) Class II facilities are designed so that the lock is protected from physical assault and therefore the facility need not be within constant visual range. A Class II rack shall accept padlocks and high security, U-shaped locks. 3) Class III facilities are less secure and, therefore, shall be within constant visual range of persons within the adjacent structure or located in well-traveled pedestrian areas. accessible and usable by visitors, guests or business patrons and may include: x Permanently anchored bicycle racks; x Covered, lockable enclosures with permanently anchored racks for bicycles; x Lockable bicycle rooms with permanently anchored racks; and x Lockable, permanently anchored bicycle lockers. 5.B.bPacket Pg. 96Attachment: Comparison to Other Cities (2950 : Z 20-02, Bicycle Parking Standards Ordinance)
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Packet Pg. 30 Communication: Gilroy City Code Chapter 30 Zoning Ordinance Amendment to add Bicycle Parking - Council Member Hilton (FUTURE
Gilroy Proposed Santa Rosa Davis Morgan Hill San Mateo Mountain View San Jose 8) Institutional Campus- On an institutional campus with more than one building or main entrance, the bicycle parking must be either: Within 50 feet of a main entrance as measured along the most direct pedestrian access route; or if the Standards and installation 1) Purpose- These standards ensure that required bicycle parking is designed so that bicycles may be securely locked without undue inconvenience and will be reasonably safeguarded from intentional or accidental damage. 2) Bicycle lockers- Where required bicycle parking is provided in lockers, the lockers must be securely anchored. 3) Bicycle racks- The Public Works Department maintains Whe ³Bic\cle Parking GXidelines WorksheeW´ of racks and siting guidelines that meet the standards of this paragraph. Required bicycle parking may be provided in floor, wall, or ceiling racks. InYerWed ³U´ sW\le racks are preferred. Rolling/wave racks are 1) General guidelines. x All bicycle parking spaces provided shall be on a hard and stable surface. x All bicycle parking facilities shall be securely anchored to the surface so they cannot be easily removed and shall be of sufficient strength to resist vandalism and theft. x All bicycle parking facilities within vehicle parking areas shall be separated by a curb or other physical barrier to protect bicycles from damage by automobiles and other moving vehicles. x Short-term bicycle parking facilities are subject to and shall meet all the following requirements: o The facilities shall be located at least three feet away from any wall, fence, or other structure. 1) All accessory bicycle parking spaces shall be provided on the same parcel as the building or use to which such spaces are required. Bicycle rack installation locations must be near or within visual site distance of building entrances. Further detailed standards and findings- such as acceptable dimensions are provided in the Association of Pedestrian and Bicycle Professionals' "Bicycle Parking Guidelines" and the City of Davis ³ProjecW DeYelopmenW SWandards GXide´, which is maintained by the Department of Community Development and Sustainability. 1) Short-term bicycle parking shall be located within one hundred feet of the primary entrance of the structure or use it is intended to serve. 2) Location. Long-term bicycle parking shall be located on or within seven hundred fifty feet of the use that it is intended to serve. 3) Security. Long-term bicycle parking spaces shall be secured. Spaces are considered secured if they are: x In a locked room or area enclosed by a fence with a locked gate; x Within view or within one hundred feet of an attendant or security guard x in an area that is monitored by a security camera; or x Visible from employee work areas. 1) A short-term bicycle parking space shall be at least (2.5) feet in width by (6) feet in length to allow space between bicycles. 2) Parking facilities shall not impede circulation. (i) Bicycle parking racks located on sidewalks should be kept clear of the pedestrian through zone. 3) Bicycle parking facilities are subject to the following standards: (i) Short-term bicycle racks shall be located with at least 30 inches clearance in all directions from any obstruction, including but not limited to other racks, walls, and landscaping. Large retail uses, supermarkets, and grocery stores are encouraged to locate racks with a 36-inch clearance in all directions from any vertical obstruction, including but not limited to other racks, walls, and landscaping. (ii) All bicycle facilities shall provide a minimum four (4) foot aisle to allow for 1) Class I(b), Class II and Class III facilities shall provide at least a twenty-four (24) inch clearance from the centerline of each adjacent bicycle, and at least eighteen (18) inches from walls or other obstructions;. 2) An aisle or other space shall be provided for bicycles to enter and leave the facility. This aisle shall have a width of at least five (5) feet to the front or the rear of a standard six (6) foot bicycle parked in the facility; 3) Class I facilities at employment sites shall be located near the structure entrances used by employees; 4) Class II or Class III facilities intended for customers or visitors shall be located near the main structure used by the public; 5) Paving of bicycle parking areas is required; 6) Convenient access to 1) All bicycle parking spaces provided shall be on a hard and stable surface. 2) All bicycle parking facilities shall be securely anchored to the surface so they cannot be easily removed and shall be of sufficient strength to resist vandalism and theft. 3) All bicycle parking facilities shall support bicycles by at least two contact points on the bicycle to prevent the bicycle from falling over and to prevent damage to wheels, frame, or other components. 4) All bicycle parking facilities within vehicle parking areas shall be separated by a curb or other physical barrier to protect bicycles from damage by automobiles and other moving vehicles. 5) Short-term bicycle parking facilities are subject to and shall meet 5.B.bPacket Pg. 97Attachment: Comparison to Other Cities (2950 : Z 20-02, Bicycle Parking Standards Ordinance)
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Packet Pg. 31 Communication: Gilroy City Code Chapter 30 Zoning Ordinance Amendment to add Bicycle Parking - Council Member Hilton (FUTURE
Gilroy Proposed Santa Rosa Davis Morgan Hill San Mateo Mountain View San Jose not permitted. Where required bicycle parking is provided in racks, the racks must meet the following standards: a. The bicycle frame and one wheel can be locked to the rack with a high security, U-shaped shackle lock if both wheels are left on the bicycle; b. A space 2 feet by 6 feet must be provided for each required bicycle parking space, so that a bicycle six feet long can be securely held with its frame supported so that the bicycle cannot be pushed or fall in a manner that will damage the wheels or components. c. The rack must be securely anchored. 4) Parking and maneuvering areas- Each required bicycle parking space must be accessible without moving another bicycle. There must be an aisle at least 5 feet wide behind all required bicycle parking to allow room for bicycle maneuvering. Where the bicycle parking is adjacent to a sidewalk, the maneuvering area o When multiple short-term bicycle parking facilities are installed together in sequence, they shall be installed at least three feet apart and located in a configuration that provides space for parked bicycles to be aligned parallel to each other. o The facilities shall be installed in a clear space at least two feet in width by six feet in length to allow sufficient space between parked bicycles. o Permanently anchored bicycle racks shall be installed to allow the frame and one or both wheels of the bicycle to be securely locked to the rack. 2) Bicycle parking space location. x Short-term bicycle parking facilities that consist of permanently anchored bicycle racks shall be located in a convenient, highly visible and well lighted area within 50 feet of a building entrance and within view of pedestrian traffic. x Long-term bicycle parking facilities for tenant and occupant use shall be conveniently accessible by x Parking Space Dimensions. 4) Minimum dimensions of two feet by six feet shall be provided for each bicycle parking space. 5) An aisle of at least five feet shall be provided behind all bicycle parking to allow room for maneuvering. 6) 3.2 feet of clearance shall be provided between bicycle parking spaces and adjacent walls, polls, landscaping, pedestrian paths, and other similar features. 7) Four feet of clearance shall be provided between bicycle parking spaces and adjacent automobile parking spaces and drive aisles. 8) Rack Design. Bicycle racks must be capable of locking both the wheels and the frame of the bicycle and of supporting bicycles in an upright position. 9) Cover. Required cover for bicycle parking spaces shall be permanent, designed to protect the bicycle from rainfall, and at least seven feet above the floor or ground. unobstructed access to the designated bicycle parking area. (iii) All long-term bicycle parking facilities shall include a variety of rack types to accommodate different bicycle sizes, styles, and users, as determined by the Zoning Administrator. 4) Bicycle parking facilities within auto parking facilities shall be protected from damage by cars by a physical barrier such as curbs, wheel stops, poles, bollards, or other similar features capable of preventing automobiles from entering the designated bicycle parking area. 5) Short-term bicycle parking facilities serving community activity centers such as libraries and community centers should incorporate weather-protective enclosures shielding the designated bicycle area from typical inclement weather when feasible. 6) Bicycle parking facilities shall be located in highly visible well-lighted areas. In order to maximize security, whenever possible short-term bicycle parking facilities shall be located in areas highly visible from the street and from the bicycle parking facilities shall be provided. Where access is via a sidewalk or pathway, curb ramps shall be installed where appropriate; 7) Lighting shall be provided in all bicycle parking areas. In both exterior and interior locations, lighting of not less than one (1) footcandle of illumination at ground level shall be provided; and. 8) The zoning administrator shall have the authority to review the design of all bicycle parking facilities required by this section with respect to safety, security and convenience. The zoning administrator shall consider the bicycle parking guidelines in determining the type, location and design of bicycle parking facilities. all the following requirements: 6) The facilities shall be located at least three feet away from any wall, fence, or other structure. 7) When multiple short-term bicycle parking facilities are installed together in sequence, they shall be installed at least three feet apart and located in a configuration that provides space for parked bicycles to be aligned parallel to each other. 8) The facilities shall be installed in a clear space at least two feet in width by six feet in length to allow sufficient space between parked bicycles. 9) Permanently anchored bicycle racks shall be installed to allow the frame and one or both wheels of the bicycle to be securely locked to the rack. 10) Short-term bicycle parking facilities that consist of permanently anchored bicycle racks shall be located in a convenient, highly visible and well lighted area within twenty feet of a building entrance and within view of pedestrian traffic. 11) Short-term bicycle parking facilities that consist of: covered, lockable enclosures with 5.B.bPacket Pg. 98Attachment: Comparison to Other Cities (2950 : Z 20-02, Bicycle Parking Standards Ordinance)
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Packet Pg. 32 Communication: Gilroy City Code Chapter 30 Zoning Ordinance Amendment to add Bicycle Parking - Council Member Hilton (FUTURE
Gilroy Proposed Santa Rosa Davis Morgan Hill San Mateo Mountain View San Jose may extend into the right-of-way; and The area devoted to bicycle parking must be hard surfaced.Covered bicycle parking. Covered bicycle parking, as required by this section, can be provided inside buildings, under roof overhangs or awnings, in bicycle lockers, or within or under other structures. Where required covered bicycle parking is not within a building or locker, the cover must be: (a)Permanent; (b)Designed to protect the bicycle from rainfall; and (c)At least 7 feet above the floor or ground. 5) Signs- Light rail stations and transit centers. If required bicycle parking is not visible from the light rail station or transit center, a sign must be posted at the station or center indicating the location of the parking. Other uses. For uses other than light rail stations and transit centers, if required bicycle parking is not visible from the street or main building entrance, a sign must be posted at the main building entrance pedestrians from the street and shall be at least as convenient and close to building entrances as the nearest non-disabled automobile parking space. interior of the building they serve (i.e., placed adjacent to windows). 7) The location and design of required bicycle parking shall be of a quality, character and color that harmonize with adjoining land uses. Required bicycle parking shall be incorporated whenever possible into building design or street furniture. 8) Long-term bicycle parking shall be covered and shall be located on site or within 200 feet of the main building entrance. The main building entrance is defined as publicly accessible entrances and shall exclude gated private garage entrances, trash room entrances, and other building entrances that are not publicly accessible. 9) Short-term bicycle parking must be along project frontage and within 50 feet of the main entrance to the building or commercial use or up to 100 feet where existing conditions do not allow placement within 50 feet. It should be in a well-trafficked location visible from the entrance. When the main entrance fronts the sidewalk, the installer must apply for an encroachment permit permanently anchored racks for bicycles; or lockable bicycle rooms with permanently anchored racks; or lockable, permanently anchored bicycle lockers shall be located in a convenient, highly visible and well-lighted area within one hundred feet of a common publicly accessible building entrance and within view of pedestrian traffic 12) Long-term bicycle parking facilities for tenant and occupant use shall be conveniently accessible by pedestrians from the street and located within one hundred feet of building entrances accessible by tenants and occupants. 5.B.bPacket Pg. 99Attachment: Comparison to Other Cities (2950 : Z 20-02, Bicycle Parking Standards Ordinance)
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Packet Pg. 33 Communication: Gilroy City Code Chapter 30 Zoning Ordinance Amendment to add Bicycle Parking - Council Member Hilton (FUTURE
Gilroy Proposed Santa Rosa Davis Morgan Hill San Mateo Mountain View San Jose indicating the location of the parking. 6) Use of required parking spaces- Required short-term bicycle parking spaces must be available for shoppers, customers, messengers, and other visitors to the site. Required long-term bicycle parking spaces must be available for employees, students, residents, commuters, and others who stay at the site for several hours. from the City to install the bicycle parking in the public right-of-way. The main building entrance excludes garage entrances, trash room entrances, and other building entrances that are not publicly accessible. 10) If required bicycle parking is not visible from the street or main building entrance, a sign must be posted at the main building entrance indicating the location of the bicycle parking. Calculation of required spaces 1) When a tract of land is developed with a mixed use building or development such as residential/commercial, residential/office, or retail/office, but is developed under single ownership or control, the required bicycle parking will be determined by calculating the required parking for each individual land use and then adding the individual requirements together to create a total bicycle parking requirement. 2) When the required number of spaces is based on net building area, the net building area of any accessory use is included with the primary use in the 1) Each land use shall be provided the number of parking spaces required by Table 3-4, and in accordance with Section (Number of parking spaces required) except where a greater or lesser number of spaces is required through conditions of approval. When the bicycle parking required for a nonresidential land use is based on square footage, at least 25 percent of the spaces shall be provided in long-term bicycle parking facilities and at least 50 percent shall be provided in short-term bicycle parking facilities. 2) When part or all of the spaces required for a nonresidential land use is based on the number 1) When a tract of land is developed with a mixed use building or development such as residential/commercial, residential/office, or retail/office, but is developed under single ownership or control, the required bicycle parking will be determined by calculating the required parking for each individual land use and then adding the individual requirements together to create a total bicycle parking requirement. 2) When the required number of spaces is based on net building area, the net building area of any accessory use is included with the primary use in the calculation. (e.g. 1) If after calculating the number of req. spaces a fraction of one-half or more, an additional space shall be required 2) When the parking req. is based on number of employees or number of students, the number of spaces shall be based on the number of working persons on the lot during the largest shift of the peak season or the highest expected student capacity. If the Zoning Administrator determines that this number is difficult to verify for a specific facility, then the number of required long-term bicycle parking spaces shall be a minimum of two (2) spaces or five (5) percent of the amount of required automobile spaces for the proposed 1) The number of bicycle parking spaces required is determined by Section 36.32.50 (Required Parking Spaces); and 2) The zoning administrator may require that a certain percentage of the spaces be Class I, Class II or Class III depending on the potential users. The zoning administrator shall use the Bicycle Parking Guidelines in determining the appropriate proportions of each class. 5.B.bPacket Pg. 100Attachment: Comparison to Other Cities (2950 : Z 20-02, Bicycle Parking Standards Ordinance)
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Packet Pg. 34 Communication: Gilroy City Code Chapter 30 Zoning Ordinance Amendment to add Bicycle Parking - Council Member Hilton (FUTURE
Gilroy Proposed Santa Rosa Davis Morgan Hill San Mateo Mountain View San Jose calculation. (e.g. manufacturing site with accessory office space). 3) After the bicycle parking requirement has been calculated, if the requirement results in a fraction of a space to be provided, the parking space requirement shall be rounded to the nearest whole number. of employees, that portion shall be provided in long-term bicycle parking facilities. 3) Parking spaces for residential uses shall be provided as long-term bicycle parking facilities except that up to 15 percent may be provided as short-term facilities to accommodate visitors. manufacturing site with accessory office space). 3) After the bicycle parking requirement has been calculated, if the requirement results in a fraction of a space to be provided, the parking space requirement shall be rounded to the nearest whole number. facility, whichever is greater. 3) When the parking req. is based on number of seats, in the case of pews or similar facilities each 18 inches shall be counted as one seat. 4) The calculation of short-term parking may include existing racks that are in the public right-of-way and are within 100 feet of the main entrance. Incentives Bicycle parking may substitute for up to 25 percent of required parking. For every 5 non-required bicycle parking spaces that meet the short or long-term bicycle parking standards, the motor vehicle parking requirement is reduced by one space. Existing parking may be converted to take advantage of this provision. Should an entity be go beyond the parking req. and amenities. Certain incentives to help assist the implementation of increased bicycle amenities, such as, locker rooms, showers, or indoor secure parking. Incentives may include offsetting the required number of vehicle parking spaces (2 spaces maximum or five percent (5%) of required vehicle parking), or other design requirements commuter amenities. Alternative compliance 1) This option may be used only if it is not possible to provide all of the required short-term bicycle parking on site in a way that complies with all of the standards in 30.55.40 Bicycle parking standards. This option may NOT be used if: a) There are surface parking areas, plazas, exterior courtyards, or 1) Upon written request the Director may approve alternative compliance from the provisions of this article, which may includea reduction or deviation in the number, type, or location of the required bicycle parking, and may include a waiver of the requirement. 2) Considerations used in the determination may 1) The director may reduce or eliminate the required short-term spaces on private property with a development permit where all of the following conditions are met: a. The project provides short-term parking in the public street within two hundred feet of a publicly accessible 5.B.bPacket Pg. 101Attachment: Comparison to Other Cities (2950 : Z 20-02, Bicycle Parking Standards Ordinance)
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Packet Pg. 35 Communication: Gilroy City Code Chapter 30 Zoning Ordinance Amendment to add Bicycle Parking - Council Member Hilton (FUTURE
Gilroy Proposed Santa Rosa Davis Morgan Hill San Mateo Mountain View San Jose other open areas on the site, other than required landscaping; b) Those open areas are large enough, separately or in combination, to accommodate all required short-term bicycle parking; and c) The open areas meet the locational requirements of 2) Fund use and administration- The Public Bike Fund is collected and administered by the Gilroy Bicycle Pedestrian Commission¶s 801 FXnd. The funds collected will be used to install bicycle parking and associated improvements in the right-of-way, and will be marked reserved for bike parking on the balance sheet. The City Engineer will adjust the fee schedule annually using the California Composite Construction Cost Index in Table 2. 3) This option may not be used if any required short-term bicycle parking is provided on site (recommended by BPC). include, but are not limited to: a. Physical site planning constraints; b. Proximity to existing bicycle parking; c. Projects that cannot be classified into the provided land use categories; d. Provision of enhanced bicycle facilities provided in the development; e. Inclusion of the site within a larger development for which adequate bicycle parking is already provided; or f. Unforeseen circumstances or individual land use changes building entrance or site in conformance with an encroachment permit approved by the director of public works; and b. The Director of Planning determines that short-term parking provided in the public sidewalk or other area of the public street are convenient and accessible to visitors or patrons of the site. c. There is no right to use the public streets for required bicycle parking spaces and any permits issued that allow for such facilities in the public streets may be revoked for any reason, in which case such facilities shall be provided on private property. 2) The director may reduce or eliminate required long-term spaces for multi-family uses with a development permit when the multi-family uses are located in buildings that have individual enclosed garages assigned to each dwelling unit. 5.B.bPacket Pg. 102Attachment: Comparison to Other Cities (2950 : Z 20-02, Bicycle Parking Standards Ordinance)
5.A
Packet Pg. 36 Communication: Gilroy City Code Chapter 30 Zoning Ordinance Amendment to add Bicycle Parking - Council Member Hilton (FUTURE
1
January 25, 2021
Future City Council Initiated Agenda Item
2020-2025 Community Plan to End Homelessness
I am requesting to place the “2020-2025 Community Plan to End Homelessness” with possible
action to endorse the plan by City Council Resolution on an agenda, before March 2021.
Destination Home (https://destinationhomesv.org/end-homelessness/) will be the presenter
and is prepared to support staff with a report and resolution. This is also a request from the
County’s Unhoused Task Force which I currently sit on and Council Member Bracco was a part
of approving this plan. That Task Force will be reconvening in April 2021. On January 13, 2021
our Housing and Neighborhood Revitalization Committee (HNRC) received the presentation of
this plan and unanimously approved a motion to recommend City Council endorse the 2020-
2025 Community Plan to End Homelessness.
Supporting Documentation:
As is stated in the 2015-2020 plan to end homelessness provided by the All The Way Home
Initiative. In the Oxford Encyclopedia of Social Work, homelessness is defined as “lack(ing) a
fixed, regular, and adequate nighttime residence, and if they sleep in a shelter designated for
temporary living accommodations or in places not designated for human habitation”. In the
2017 Gilroy census, the homeless population was at 722 people, as of the 2020 census, the
homeless population is lower than that of 2017. An exact number was not provided. The goal
that the “All the Way Home” program is trying to accomplish is to provide a solution for the end
of homelessness, rather than just aiding and abetting the current issue and throwing money at
the problem. They hope to break down the systematics of homelessness and chop down the
problem piece by piece until there is a sustainable, long-term solution. A major factor of
consideration for the possibility of joining this plan is the long-term financial stability of the City
of Gilroy. It has been proven over and over again that it is much more financially responsible to
sustain someone in a home rather than sustaining someone living on the streets. This is
including waste cleanup, (hygienic responsibility) law enforcement response to calls of
aggression or unsanitary conditions and much more. The plan to complete this clearly highlights
their three-step program, which is to implement three strategies at varying moments to emit
maximum efficiency. The three-step program consists of “addressing the root causes of
homelessness through system and policy change”, “expanding homelessness prevention and
housing programs to meet the need”, and finally “improve the quality of life for unsheltered
Contact: Zach Hilton
Zachary.Hilton@cityofgilroy.org
(669) 270-6232
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Packet Pg. 37 Communication: 2020-2025 Community Plan to End Homelessness - Council Member Hilton (FUTURE COUNCIL INITIATED AGENDA ITEMS)
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individuals and create healthy neighborhoods for all”. These strategies were devised after
careful consideration, using a variety of practices, lessons acquired through personal
experiences and community member input. The community member input used was acquired
from a variety of people. From those who lived/live with homelessness, experts in the manner,
stakeholders and members of the community. These strategies, however, cannot be
implemented without full community collaboration, therefore, we need to join their plan to
end homelessness to ensure their plan is executed with full efficiency. Efficiency is the key
matter at hand, we cannot sit back and hope for the problem to go away with simply throwing
meaningless money at the problem in hopes that it solves everything. Rather, we should face
the matter at hand head on to ensure that Gilroy receives the best possible environment it
could. There are children being raised in an environment that doesn't hold much promise for
them, if nothing is implemented in place of their living situation. In comparison to their
previous plan from 2015-2020, much was accomplished and their methods clearly hold a
certain amount of effectiveness.
Sources Used
• https://law-hawaii.libguides.com/c.php?g=421172&p=2875672
• https://gilroydispatch.com/gilroy-homeless-census-steady/
• https://datausa.io/profile/geo/gilroy-ca#housing
Attachments:
Letter of Support
5.B
Packet Pg. 38 Communication: 2020-2025 Community Plan to End Homelessness - Council Member Hilton (FUTURE COUNCIL INITIATED AGENDA ITEMS)
Gilroy Compassion Center - 370 Tomkins Court, Suite D, Gilroy, CA 95020 - (408) 763-7120
www.gilroycompassioncenter.org - 501(c)3 45-2189365 - info@gilroycompassioncenter.org
Statement to City Council of the City of Gilroy
Supporting Endorsement of
the Community Plan to End Homelessness 2020-25
We at the Compassion Center are grateful to the Gilroy City Council for considering adopting
a resolution to endorse the Community Plan to End Homelessness 2020-25.
We realize that homelessness in Gilroy affects every individual who resides, works or visits
here—our homeowners, businesses, schools, children, and mostly those who face the difficult
daily struggles of living without a roof over their heads. We are committed to addressing the
issues caused by homelessness that impact Gilroy. As we have since 2011, we will continue to
provide, and expand, services to those experiencing homelessness who depend on us for
meals, clothing, hygiene, showers, laundry, shelter referral and connection to a host of
services that make a difference not only for the survival of our unhoused residents, but also
put them on a path toward stability and a better quality of life.
Although we will continue to fervently treat these symptoms of homelessness experienced by
both those with and without homes, these endeavors alone will never cure the cause of
homelessness. To address the systemic source of our communities home-grown issue of
homelessness, we need a systemic solution that involves the principles and recommendations
outlined in the Community Plan.
We firmly believe that if the City of Gilroy endorses this plan and commits to aligning its own
strategies toward implementing the practices contained in it, we can realistically eradicate
homelessness, along with its symptoms, to the benefit of every individual living in this great
city.
We encourage the City of Gilroy to adopt a resolution to endorse the Community Plan to End
Homelessness 2020-25.
Thank you for your consideration.
5.B
Packet Pg. 39 Communication: 2020-2025 Community Plan to End Homelessness - Council Member Hilton (FUTURE COUNCIL INITIATED AGENDA ITEMS)
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City Council Meeting Minutes
01/4/2021
City of Gilroy
City Council Meeting Minutes
January 4, 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 none.
3. City Clerk's Report on Posting the Agenda
City Clerk Shawna Freels announced that the agenda had been posted on
December 30, 2020 at 12:30 p.m.
Attendee Name Title Status Arrived
Marie Blankley Mayor Remote 6:00 PM
Rebeca Armendariz Council Member Remote 6:00 PM
Dion Bracco Council Member Remote 6:00 PM
Zach Hilton Council Member Remote 6:00 PM
Peter Leroe-Muñoz Council Member Remote 6:00 PM
Carol Marques Council Member Remote 6:00 PM
Fred Tovar Council Member Remote 6:00 PM
B. Orders of the Day
Mayor Blankley announced that the meeting was being held under the
Governor's order and described the process of public participation.
C. Employee Introductions
There were none.
II. CEREMONIAL ITEMS
Retiring employee Felix Figeroa was recognized for his service to the city.
Retiring employee Manual Reyes was recognized for his service to the city.
Retiring employee Carlos Valdez was recognized for his service to the city.
A. Proclamations, Awards, and Presentations
III. PRESENTATIONS TO THE COUNCIL
There were none.
IV. REPORTS OF COUNCIL MEMBERS
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Council Member Hilton reported on Visit Gilroy sales and their TBID forecast,
work of the Gilroy Economic Development Partnership and described other
organizations he would be serving on as a representative.
Council Member Marques spoke on the work of the Homelessness Task Force.
Council Member Tovar reported on ad hoc committee discussions of annexing
the Gilroy sports park and developing market analysis, and thanked the Fire
Department for recognizing a local child's birthday.
Mayor Blankley spoke on Measure B discussions and work to ensure funding
allocation went to all cities, and announced a CalTrain route cut to Gilroy.
V. FUTURE COUNCIL INITIATED AGENDA ITEMS
Mayor Blankley asked that staff return with a report on the financial condition of
the city this far into the pandemic, with the workforce adjustments, emergency
reserve condition, and service impacts.
The full Council agreed to agendize the item.
VI. CONSENT CALENDAR (ROLL CALL VOTE)
RESULT: APPROVE [UNANIMOUS]
MOVER: Peter Leroe-Muñoz, Council Member
SECONDER: Carol Marques, Council Member
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques,
Tovar
A. Minutes of the December 7, 2020 Regular Meeting
VII. BIDS AND PROPOSALS
There were none.
VIII. PUBLIC HEARINGS
A. Tentative Map Request to Subdivide a 4.42 acre Commercial Lot into Two
Parcels Consisting of a 3.829 Acre Developed Parcel and a 0.887 Acre New
Parcel Located at the Corner of East Tenth Street and Alexander Street at
301 and 303 East Tenth Street, APN 841-16-100, Applicant Mike Conrotto
(TM 20-02)
The staff report was presented by Senior Planner Tambornini.
There were no ex-parte communications.
The public hearing was opened; there being no comments it was then closed.
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Possible Action:
Adopt a Resolution 2020-01 of the City Council of the City of Gilroy
approving application TM 20-02 for a two lot split for a property located at
301 and 303 East Tenth Street, APN 841-16-100
RESULT: APPROVE [UNANIMOUS]
MOVER: Fred Tovar, Council Member
SECONDER: Carol Marques, Council Member
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques,
Tovar
IX. UNFINISHED BUSINESS
A. Annual Appointments to City Boards, Commissions and Committees With
Seats Vacant or Expired as of December 31, 2020
The staff report was presented by City Clerk Freels.
There were no public comments.
Appointments:
Arts and Culture Commission - Edgar Zaldana (12/31/2024)
Bicycle Pedestrian Commission - Alison Beach, Kristen Robbins, Nirza Starks
(12/31/2024)
Historic Heritage Committee - Kathleen Chavez (12/31/2022), Ian Bruesehoff
(12/31/2021)
Housing & Neighborhood Revitalization Committee - Vanessa Ashford, Jasmine
Ledesma (12/31/2024)
Library Commission - Michaela Gonzalez (12/31/2024)
Open Government Commission - Matthew Carvalho, Karen Enzensperger,
Robert Esposito (12/31/2024)
Parks & Recreation Commission - Patricia Bentson 12/31/2024), Gregory Troy
(12/31/2022)
Personnel Commission - Catherine Cummins (12/31/2024)
Planning Commission - Joan Lewis (12/31/2024), Manny Bhandal (12/31/2022),
Andrew Ridley (12/31/2021)
Possible Action:
Appoint members to Boards, Commissions and Committees with seats
vacant or expired as of December 31, 2020.
RESULT: APPROVE [UNANIMOUS]
MOVER: Peter Leroe-Muñoz, Council Member
SECONDER: Fred Tovar, Council Member
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques,
Tovar
B. Appointment to One Seat on the Santa Clara Valley Transportation
Authority Bicycle Pedestrian Advisory Committee for a Term Ending July 1,
2022
The staff report was presented by City Clerk Freels.
There were no public comments.
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Possible Action:
Appoint a Gilroy Carolyn Schimandle as representative to the VTA Bicycle
Pedestrian Advisory Committee for an unexpired term ending July 1, 2022.
RESULT: APPROVE [UNANIMOUS]
MOVER: Zach Hilton, Council Member
SECONDER: Peter Leroe-Muñoz, Council Member
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques
ABSENT: Fred Tovar
X. INTRODUCTION OF NEW BUSINESS
A. Approval of Single Source Contract in the Amount of $233,039 with US
Digital Designs for the Purchase of a Fire Station Alerting System
The staff report was presented by Fire Chief Wyatt.
There were no public comments.
Possible Action:
Award a single source contract to US Digital Designs in the amount of
$233,039 for the purchase of the Phoenix G2 Station Alerting System and
authorize the City Administrator to execute the contract and associated
documents.
RESULT: APPROVE [UNANIMOUS]
MOVER: Fred Tovar, Council Member
SECONDER: Peter Leroe-Muñoz, Council Member
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques,
Tovar
B. City Council Agreements Update
The report was presented by Mayor Blankley.
There were no public comments.
Possible Action:
Direct staff to initiate the process of updating the 2014 City Council
Agreements document.
XI. CITY ADMINISTRATOR'S REPORTS
A. Standing Report on Operational Impacts and City/Community Efforts
Related to the COVID-19 Pandemic
City Administrator Forbis spoke on the COVID 19 efforts for the community.
There were no public comments.
Possible Action:
Receive report.
XII. CITY ATTORNEY'S REPORTS
There was none.
XIII. CLOSED SESSION
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A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to GC
Sec. 54956.8 and GCC Sec.17A.8 (a) (2); Properties:10th Street Bridge:
APNs 808- 19-007, 799-30-006, 799-30-007, 808-19-020, 808-50-999, Thomas
Luchessa Bridge: APNs 808-21-025, 808-21-023, 808-21-021, 808-21-018,
New Fire Station: APNs 808-18-003, 808-19-029 Negotiators: Jimmy Forbis,
City Administrator; Other Party to Negotiations: Glen Loma Corporation,
John M. Filice, Jr.; Negotiating Price and terms of payment regarding
purchase, sale
There were no public comments.
ADJOURNMENT
The Council adjourned to closed session at 8:34 p.m.
/s/ Shawna Freels, MMC
City Clerk
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City of Gilroy
STAFF REPORT
Agenda Item Title: Adoption of a Resolution of the City Council of the City of Gilroy to
Declare Weeds and Refuse a Public Nuisance to Begin the Annual
Weed and Refuse Abatement Process
Meeting Date: January 25, 2021
From: Jimmy Forbis, City Administrator
Department: Fire Department
Submitted By: Jim Wyatt
Prepared By: Jim Wyatt
Jonathan Crick
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 declaring certain weeds
growing in the City and accumulations of refuse in the City to be a public nu isance,
describing said weeds and refuse which constitute such nuisance, and providing notice
of the adoption of the resolution by publication thereof.
EXECUTIVE SUMMARY
Gilroy City Code, Chapter 12, Article III, establishes a procedure for abatement of
weeds and refuse. The annual weed and refuse abatement program includes an initial
resolution declaring weeds and refuse a public nuisance. The resolution sets April 5,
2021 for a public hearing of the list of properties subject to abatement. The list created
6.B
Packet Pg. 45
for public hearing includes sites identified as having a weed or refuse problem in the
current year as well as during any one of the prior three years. Adoption of the list at the
public hearing provides authority for the City (or its contractor) to perform the abatement
of weeds and/or refuse for the listed sites, and provides for cost recovery by adding it to
the property owners property tax bill as an assessment.
BACKGROUND
Pursuant to an agreement signed in 2010 between the City of Gilroy and the Santa
Clara County Agriculture Commissioner’s Office, the County Vegetation Management
Program has been implementing the weed abatement program as a contractor to the
City. Under the agreement, all abatement activities are conducted by the County to
include the noticing of property owners, property inspections, and the collection of
abatement fees and inspection costs. The City is responsible for adopting necessary
resolutions and conducting public hearings on the matter.
ANALYSIS
Program Details
The list created for the public hearings includes sites identified as having a weed or
refuse problem in the current year as well as during any one of the prior 3 years. County
staff will mail the initial abatement notice to identified property owners within 2 weeks of
the resolution adoption. Required information in the weed abatement notice includes the
public hearing date, instructions on proper abatement of the sites, and the May 15, 2021
deadline for abatement activities. In addition, the notice also identifies the
consequences for not meeting the deadline.
All identified sites will be required to pay the initial inspection fee, currently set at $84. If
a site is abated by the May 15, 2021 abatement deadline then additional fees, such as
re-inspection fees and/or abatement oversight fees, will not be assessed. The property
owner is required to maintain the abated site and failure to do so will result in the
assessment of additional fees. All properties must be free of fire hazards throughout
the year to meet minimum safety standards.
Sites that are identified to have weed and/or refuse problems will remain on the list for
at least three years. However, property owners have the ability to have their property
removed from the list. For instance, a site that has a chieved three “compliant” years in a
row, or a vacant site that has since been developed and is fully landscaped may be
removed from the list.
After the initial outreach, the County will also send all property owners a reminder letter
30 days prior to the May 15, 2021 abatement deadline.
After May 15, 2021 the County will conduct inspections and notify those property
owners who have not abated their properties. For sites not in the Wildland Urban
Interface (WUI) Hazardous Fire Area, the property owner has two weeks to complete
6.B
Packet Pg. 46
the work. If abatement is completed prior to the next inspection, these properties will not
be subject to additional fees.
The two-week extension is not provided to properties in the WUI Hazardous Fire Area
because these areas are considered to have high fire hazards. In addition, the Public
Resources Code requires weed abatement in these areas without any extensions. For
sites in the WUI Hazardous Fire Area, the County will immediately assign the site for
abatement by a private contractor. Any site that is abated by the County will be
assessed the inspection fee ($84), the failed inspection fee ($466) and the cost incurred
by the abatement contractor, which is based on square footage of the site, as well as
the abatement oversight cost ($809).
Since the implementation of this program in 2010, the number of sites on the County’s
list has fluctuated from year to year but the numbers for Gilroy have dropped
consistently in the last three years. In Gilroy, there were 282 sites identifi ed in 2017, 166
sites were identified in 2018, there were174 sites identified 2019, and 146 sites were
identified for 2020. With 150 for 2021
Key dates associated with this year’s program are as follows:
January 25, 2021 City Council Resolution of Public Nuisance
February 11, 2021* County Notification to Listed Property Owners
April 5, 2021 Public hearing to consider List of Properties requiring
abatement
April 16, 2021* County Notification of Abatement Deadline
May 15, 2021 Abatement Deadline
May 30, 2021* County conducts initial inspections
June 12, 2021* Extended Deadline for non-WUI properties only
August 2, 2021* Public hearing for City Council to Authorize Assessments
*Dates are approximate at this time, and provide an estimate as determined by responsible Agency.
FISCAL IMPACT/FUNDING SOURCE
The use of the County as a contract agency to carry out their portions of the program
has been self-funded through cost recovery from property owners that have failed to
abate their sites. The Fire Marshal’s off ice absorbs the staffing cost for coordination and
communication with the County, the pre-hearing meeting when a property owner
appeals the fees, and processing of the Council Resolutions and Public Hearings.
If the County does not collect adequate funds to meet the program budget, they will
prorate the shortfall to the cities based on the percent of the properties from each City in
6.B
Packet Pg. 47
the program. We will not know until later in the year if there is a budget shortfall
because abatement activities will continue through October. Historically, the County has
not had a budget shortfall because they have collected adequate fees directly from the
property owners to cover the cost of the program.
NEXT STEPS
If Council adopts the resolution, the public hearing of sites needing abatement will be
set for April 5, 2021.
In addition, a report of the property assessments will be presented to City Council at a
public hearing on August 2, 2021. Prior to the hearing, property owners are invited to
contact the Fire Marshal to review any assessments they believe are in error. A final list
will be presented to the City Council for approval of the assessment. The County
Property Tax Assessor will then place the fees on the next property tax bill as an
assessment.
PUBLIC OUTREACH
As part of the annual program, property owners receive two Weed and Refuse
Abatement notices that clearly identify the requirements of the program. Pursuant to the
program requirements, the County also notifies property owners when their properties
fail inspections.
Attachments:
1. Resolution 2021 Weed Abatement Initiation
2. 2021 Gilroy Commencement report
6.B
Packet Pg. 48
1
RESOLUTION NO. 2021-XX
RESOLUTION NO. 2021-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY DECLARING CERTAIN WEEDS GROWING IN THE CITY
OF GILROY AND ACCUMULATIONS OF REFUSE IN THE CITY OF
GILROY TO BE A PUBLIC NUISANCE, DESCRIBING WEEDS AND
REFUSE WHICH CONSTITUTE SUCH NUISANCE, AND
PROVIDING NOTICE OF THE ADOPTION OF THE RESOLUTION
BY PUBLICATION THEREOF
WHEREAS, certain weeds are growing in the City of Gilroy (“City”) upon the various
streets, alleys, sidewalks and upon private property, which weeds bear seeds of a wingy or
downy nature, or which may attain such growth as to become, when dry, a fire menace, or which
are otherwise noxious and dangerous; and
WHEREAS, certain refuse is accumulating in the City upon public and private property;
and
WHEREAS, said weeds and refuse constitute a public nuisance.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Gilroy as
follows:
1. That such weeds and refuse do now constitute and will continue to constitute a public
nuisance, and it is ordered that said public nuisance be abated in the manner provided by Article
III of Chapter 12 of the Gilroy City Code.
2. That said nuisance exists upon all of the streets, alleys, sidewalks and private property
within said City as shown, described and delineated on the several maps of the property in the
City which are recorded in the Office of the County Assessor of the County of Santa Clara,
reference in each instance for the description of any particular street, alley or private property
being hereby made to the several maps aforesaid, and in the event of there being several
subdivision maps on which said lots are shown, reference is hereby made to the latest
subdivision map.
3. That it is ordered that Monday, the 5th of April 2021, at the hour of 6:00 o'clock p.m.
in the Council Chambers of the City Council of the City, 7351 Rosanna Street, Gilroy,
California, is hereby fixed as the time and place when objections to the proposed destruction or
removal of said weeds and refuse shall be heard and given due consideration.
6.B.a
Packet Pg. 49 Attachment: Resolution 2021 Weed Abatement Initiation (3160 : Weeds and Refuse Abatement Initiation)
2
RESOLUTION NO. 2021-XX
4. That the Chief of the Fire Department of the City is hereby ordered and directed to
cause notice of the adoption of this resolution and notice of said hearing to be given to all of the
affected property owners at their stated mailing address on the latest tax assessor’s role, and also
to be given in the manner and form provided in Sections 14.29 and 12.53 of the Gilroy City
Code, and to cause said notice to be published in the City, at least ten (10) days prior to said
hearing; and
5. That nothing in this Resolution prohibits the issuance of citations for violations of City
Code Section 12.46 or City Fire Code with regards to Section 304.1.2.
PASSED AND ADOPTED this 25th day of January, 2021 by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
APPROVED:
______________________________
Marie Blankley, Mayor
ATTEST:
Shawna Freels, City Clerk
6.B.a
Packet Pg. 50 Attachment: Resolution 2021 Weed Abatement Initiation (3160 : Weeds and Refuse Abatement Initiation)
Situs APNCITY/STATE2021 WEED ABATEMENT PROGRAMCOMMENCEMENT REPORTCITY OF GILROYTExhibit AGOMEZ, RAMIRO AND MARISELA R1705 HECKER PASS HY GILROY CA 95020-883602-01705HECKER PASS783-01-0331LUTHERAN CHURCH OF THE GOOD 1735 HECKER PASS HY GILROY CA 95020-883702-01735HECKER PASS783-02-0262MARQUES, ALBERT 2020 ROCKROSE CT GILROY CA 95020-793102-08340WINTER783-03-0733SUNSET HILLS DEVELOPMENT LLC 575 SOUTHSIDE DR STE C GILROY CA 9502002-08351WINTER783-03-0774CAMPOLONG, DARRELL F TRUSTEE 9298 CALLE DEL REYST GILROY CA 95020-770002-09298CALLE DEL783-34-1215BASS, CLARENCE A AND KIMBERLY A4300 SPRINGBROOK LN GARDENDALE AL 35071-411502-09075GUAYMAS783-37-0156ENTERPRISE REI 8 LLC 10440 DE ANZA BLS STE D5A CUPERTINO CA 9501402-00HOLLYHOCK783-45-0447AMIN, DINESH C AND URVASHI D 2757 RAKESTRAW LNE GILBERT AZ 8529802-02320WILDROSE783-46-0398ENTERPRISE REI 8 LLC 24168 BIG BASIN WY SARATOGA CA 9507002-00SUNFLOWERCL783-47-0039SHEVCHENKO, DENIS AND REBECA9283 BRIARBERRY LN GILROY CA 95020-821002-09283BRIARBERRY783-50-00610ARDANUY, PAUL AND JACQUELYN M1383 PHEASANT DR GILROY CA 95020-820302-01383PHEASANT783-50-05011SAULAN, KIMCHAU THI TRUSTEE 4125 HECKER PASS RD GILROY CA 9502002-08772FOXGLOVE783-52-01912KOLLAREDDY, SRIDHAR 7948 MCCLELLAN RD APT 1 CUPERTINO CA 9501402-08775WILD IRIS783-52-02913ZARGARIAN, HELGA 8755 WILD IRIS DR GILROY CA 95020-000002-08755WILD IRIS783-52-03114PINEDA, ARTURO 1025 SPRIG WY GILROY CA 95020-000002-08745WILD IRIS783-52-03215VERMA, ASHISH TRUSTEE & ET AL 970 WOOD DUCK AV SANTA CLARA CA 9505102-01950LAVENDER783-52-03516SANTO, EDWIN ICHIRO TRUSTEE 1381 PEREGRINE DR GILROY CA 95020-000002-01381PEREGRINE783-55-01817REISINGER, DONALD J TRUSTEE & ET 9641 OHLONEWY GILROY CA 95020-000002-02331HOYA783-64-02218KARBALEINEMATMOEINI, 2121 CRUDEN BAY WY GILROY CA 95020-000002-02354BANYANST783-65-02219HY, SANG AND YEH, WEN CHUAN 1841 CAROB CT GILROY CA 95020-000002-01881CAROB783-72-01120ARAKELIAN, ELIZA 1830 CAROBCT GILROY CA 95020-779602-01830CAROB783-72-01621OP DEVELOPMENT INC 145 RIGGS AV MERCED CA 9534002-01810CAROB783-72-01822CHAKAMIAN, SANJAR AND 1940 PEAR DR MORGAN HILL CA 95037-000002-09045TEA TREE783-72-02323PAWLICKI, AGNIESZKA 9050 TEA TREE WY GILROY CA 95020-000002-09050TEA TREE783-72-02424Page 1Santa Clara County Weed Abatement Program24 records of 1506.B.bPacket Pg. 51Attachment: 2021 Gilroy Commencement report (3160 : Weeds and Refuse Abatement Initiation)
Situs APNCITY/STATE2021 WEED ABATEMENT PROGRAMCOMMENCEMENT REPORTCITY OF GILROYTExhibit AMONTENERO, JOHN AND NATALIYA 9035 TEA TREE WY LOT 25 GILROY CA 95020-000002-09035TEA TREE783-72-02525DO, NGOC BICH THI ET AL 979 STORY RD #7024 SAN JOSE CA 9512202-09030TEA TREEWY783-72-02626KOLLAREDDY, USHARANI ET AL 7948 MCCLELLAN RD APT 1 CUPERTINO CA 9501402-09025MIMOSA783-72-02727THIEN, TRACY 38 PARK FLETCHER PL SAN JOSE CA 95136-240302-08962TEA TREE783-72-03028NRI ASSOCIATES LLC2250 CEDARSIDE CT SAN JOSE CA 95116-000002-08981TEA TREE783-72-03129LIU, HONGXUAN 2165 HOLLYHOCK CT GILROY CA 95020-000002-08971TEA TREE783-72-03330PHAM, LAN ET AL 15858 RICA VISTA WY SAN JOSE CA 95127-000002-08950MIMOSACT783-72-03531SR BUILDING BLOCKS LLC 407 UNIVERSITY AV LOS GATOS CA 95032-441102-00MIMOSACT783-72-03632TRAN, THANH QUANG AND CHAU, 190 FENNEL CT MORGAN HILL CA 95037-000002-08983MIMOSA783-72-03733SMITH, DARRYL AND SMITH-LEE, 222 MARGARITA AV PALO ALTO CA 94306-282202-09005MIMOSA783-72-03834CHAKAMIAN, SANJAR AND 1940 PEAR DR MORGAN HILL CA 95037-000002-02204BANYAN783-72-03935ROBLES, RONALD E AND MARIA R 1225 VIENNA DR #251 SUNNYVALE CA 9408902-02203BANYAN783-72-04036NAKANO, NANCY N ET AL2224 BANYAN CT GILROY CA 9502002-02224BANYAN783-72-04237WANG, LEO AND DIAN H 1784 LENNOX WY SALINAS CA 9390602-02243BANYAN783-72-04338NGUYEN, PHU AND DOAN, LILY 3339 VANGORN WY SAN JOSE CA 95121-255502-09210MAHOGANY783-72-04539OLIVARES, STEVEN 9211 MAHOGANY CT GILROY CA 95020-000002-09211MAHOGANY783-72-04940ZHANG, HONGXIN AND TANG, WEI 2253 BANYAN CT GILROY CA 95020-000002-02253BANYAN783-72-05041LE, LIEM QUANG 3100 MELCHESTER DR SAN JOSE CA 95132-174402-02273BANYAN783-72-05142KRUPA, STANISLAW TRUSTEE & ET 901 CALLE SERRA SAN DIMAS CA 9177302-02202COLUMBINE783-72-06143RAMIREZ, PEDRO AND JOSEFINA 2725 SCOTTSDALE DR SAN JOSE CA 95148-342702-02251MANTELLI783-72-06644DHALIWAL, JASDEEP S ET AL 39224 GUARDINO DR 216 FREMONT CA 9453802-01681LONGMEADO783-75-08145LEAL, AMADOR AND PALMINA 75 FARRELL AV GILROY CA 95020-761602-075FARRELL790-07-00646KUANG, WEIWEI 1952 EISENHOWER DR SANTA CLARA CA 95054-162102-095FARRELLAV790-07-00747NGUYEN, THUAN TRONG AND LE,3295 KLOETZELN SAN JOSE CA 95148-000002-0171RONAN790-15-00948Page 2Santa Clara County Weed Abatement Program48 records of 1506.B.bPacket Pg. 52Attachment: 2021 Gilroy Commencement report (3160 : Weeds and Refuse Abatement Initiation)
Situs APNCITY/STATE2021 WEED ABATEMENT PROGRAMCOMMENCEMENT REPORTCITY OF GILROYTExhibit AMARGARETICH, BOZO AND VANJA 946 STANLEY AV LOS ALTOS CA 94024-506702-08877MONTEREY790-15-03649BROOKS, JULIA M ET AL 9145 JARDIN WY GILROY CA 9502002-09145JARDIN790-16-25750CRC KERN INVESTORS LLC 1437 LEIMERT BL #C OAKLAND CA 9460202-09130KERN790-17-00251ST FRANCIS INVESTMENT III 750 MENLO AV STE 250 MENLO PARK CA 9402502-09160KERNAV790-17-00352ZEPEDA, SAUL F AND JAZMIN A 114 DARBY CT SAN JOSE CA 95110-361002-0431WELBURN790-30-06553TORRES, ALBERT ET AL 8401 DIANE CT GILROY CA 95020-421302-08401DIANE790-30-07654FLORES, ANTHONY R PO BOX 1557 GILROY CA 95021-155702-0401BROADWAY790-33-01955HOWSON INDUSTRIES 1648 MULBERRY LN SAN JOSE CA 95125-494202-00CHURCH790-35-00156MA, WEIMIN TRUSTEE & ET AL 103 CHIPPENDALECT LOS GATOS CA 9503202-08051CHURCH790-35-00257ROMAN CATHOLIC BISHOP OF SAN 11 FIRST ST GILROY CA 9502002-00CHURCH790-35-00858DEUTSCHE BANK NATIONAL TRUST 1800 TAPO CANYON RD SIMI VALLEY CA 9306302-0265GURRIES790-35-04059DEUTSCHE BANK NATIONAL TRUST 1800 TAPO CANYON RD SIMI VALLEY CA 9306302-0255GURRIES790-35-04160DEUTSCHE BANK NATIONAL TRUST 1800 TAPO CANYON RD SIMI VALLEY CA 9306302-0295GURRIES790-35-04261DEUTSCHE BANK NATIONAL TRUST 1800 TAPO CANYON RD SIMI VALLEY CA 9306302-0305GURRIES790-35-04362DEUTSCHE BANK NATIONAL TRUST 1800 TAPO CANYON RD SIMI VALLEY CA 9306302-0315GURRIES790-35-04463HOWSON INDUSTRIES 1648 MULBERRY LN SAN JOSE CA 95125-494202-00CHURCH790-36-00264MONTANO, AL TRUSTEE & ET AL 15191 KARL AV MONTE SERENO CA 95030-222902-08365CHURCH790-36-03865S A PROPERTIES GROUP LLC 5820 STONERIDGE MALLRD PLEASANTON CA 9458802-013751ST790-39-01966YOUMANS, KRAIG AND FORTINO, 12005 TURLOCK AV SAN MARTIN CA 95046-943202-013551ST790-39-03067GORAYA, MANU K 860 MAPLE AV SAN MARTIN CA 95046-953802-08771CHURCH790-53-08768CENTRAL VALLEY COALITION 3351 M STREET #100 MERCED CA 9534802-0305COHANSEY790-65-09269PACIFIC BAY CAPITALGROUP LLC 810 SAN PEDRO ST STE 200 San Jose CA 9511302-0108CHICKADEELN790-66-057707711 Monterey LLC5655 SILVER CREEK VALLEY San Jose CA 9513802-07733MONTEREYRD799-03-054717711 MONTEREY RD LLCUNIT 305GILROY9502002-07711MONTEREYRD799-03-05572Page 3Santa Clara County Weed Abatement Program72 records of 1506.B.bPacket Pg. 53Attachment: 2021 Gilroy Commencement report (3160 : Weeds and Refuse Abatement Initiation)
Situs APNCITY/STATE2021 WEED ABATEMENT PROGRAMCOMMENCEMENT REPORTCITY OF GILROYTExhibit ABECERRA, CLEMENTE PINEDA AND 7750 EIGLEBERRY ST GILROY CA 95020-512502-07750EIGLEBERRY799-03-06973BIIOUX LLC 5387 SILVER TRAIL CT SAN JOSE CA 95138-000002-07601MONTEREY799-04-00874APOR, PETE E AND ROSARIO J 14639 BADGER PASS RD MORGAN HILL CA 95037-590402-00EIGLEBERRYST799-09-02875BARQUINERO, CARLOS A TRUSTEE & 8265 WATSONVILLE RD GILROY CA 95020-942702-07201EIGLEBERRY799-09-03876BAINS, JAGJIT SINGH 3435 HARBOR CT SAN JOSE CA 95127-431102-00EIGLEBERRY799-10-04277DIAZ, JUAN PO BOX 193 SAN MARTIN CA 9504602-01959THW799-10-05778JEUNG, MICHAEL A ET AL 7421 HANNA ST GILROY CA 95020-572302-07421HANNA799-18-03179BERRY, DIANE L TRUSTEE 8341 CHANTRELLECT GILROY CA 9502002-07560MILLER799-24-02480MONSEF, CYRUS 6700 CHURCH ST GILROY CA 95020-650802-06700CHURCH799-33-00181NAJAFI, HAMID AND SHAHRZAD 965 LAUREL GLEN DR PALO ALTO CA 9430402-08010THW799-34-03682ELITE DEVELOPMENTS INC 144 WESTLAKE AV WATSONVILLE CA 9507602-00FILBRODR799-44-09383ELITE DEVELOPMENTS INC 144 WESTLAKE AV WATSONVILLE CA 9507602-00ROYALWY799-44-09484ELITE DEVELOPMENTS INC 144 WESTLAKE AV WATSONVILLE CA 9507602-00ROYALWY799-44-09585ELITE DEVELOPMENTS INC 144 WESTLAKE AV WATSONVILLE CA 9507602-00ROYALWY799-44-09686ELITE DEVELOPMENTS INC 144 WESTLAKE AV WATSONVILLE CA 9507602-00ROYALWY799-44-09787ELITE DEVELOPMENTS INC 144 WESTLAKE AV WATSONVILLE CA 9507602-00ROYALWY799-44-09888ELITE DEVELOPMENTS INC 144 WESTLAKE AV WATSONVILLE CA 9507602-00THOMASRD799-44-10989ELITE DEVELOPMENTS INC 144 WESTLAKE AV WATSONVILLE CA 9507602-0NO SITUS799-44-11090EAGLE GARDEN LLC 21701 STEVENS CRK BLV CUPERTINO CA 9501402-014101ST808-01-02191PIROZZOLI, MONICA TRUSTEE & ET P O BOX 2327 GILROY CA 9502102-00PONDEROSA808-01-02492FIRST ASSEMBLY OF GOD OF GILROY8886 MURAOKA DR GILROY CA 9502002-00THOMAS808-20-00893MCDERMOTT, PAULA BARBERI 6415 MONTEREY RD GILROY CA 9502002-010WESTAV808-21-00994CORP PRESI BISH CHURCH CHRIST 50 E NORTH TEMPLE FL 22 SALT LAKE CITY UT 84150-362002-06151THOMAS808-39-06695HP AG LAND LLC 23 CORPORATE PL 150NEWPORT BEACH CA 9262502-0NO SITUS810-20-02196Page 4Santa Clara County Weed Abatement Program96 records of 1506.B.bPacket Pg. 54Attachment: 2021 Gilroy Commencement report (3160 : Weeds and Refuse Abatement Initiation)
Situs APNCITY/STATE2021 WEED ABATEMENT PROGRAMCOMMENCEMENT REPORTCITY OF GILROYTExhibit AOWENS FINANCIAL GROUP INC 2221 OLYMPIC BL WALNUT CREEK CA 9459502-02740HECKER PASSRD810-20-03397VILLAGE GREEN CUSTOM HOME LLC 220 20TH AVW SAN MATEO CA 9440302-0NO SITUS810-66-01298RADOSEVICH, ERIC J TRUSTEE 7518 FERNIE CT GILROY CA 95020-000002-07518FERNIE810-67-04199DO & PARTNERS LLC 9419 GERANIUM CL FOUNTAIN VALLEY CA 9270802-06615EAGLE RIDGE810-72-029100DO & PARTNERS LLC 9419 GERANIUM CL FOUNTAIN VALLEY CA 9270802-06625EAGLE RIDGE810-72-030101DO & PARTNERS LLC 9419 GERANIUM CL FOUNTAIN VALLEY CA 9270802-06635EAGLE RIDGE810-72-031102DO & PARTNERS LLC 9419 GERANIUM CL FOUNTAIN VALLEY CA 9270802-06645EAGLE RIDGE810-72-032103DO & PARTNERS LLC 9419 GERANIUM CL FOUNTAIN VALLEY CA 9270802-06651EAGLE RIDGE810-72-033104DO & PARTNERS LLC 9419 GERANIUM CL FOUNTAIN VALLEY CA 9270802-06655EAGLE RIDGE810-72-034105DO & PARTNERS LLC 9419 GERANIUM CL FOUNTAIN VALLEY CA 9270802-06671EAGLE RIDGE810-72-035106MONTANO, AL 15191 KARL AV MONTE SERENO CA 95030-222902-08605MURRAY835-01-003107HOPE FOREST LLC PO BOX 1772 GILROY CA 9502102-00MURRAY835-01-059108GLANDER, CARMELLA R TRUSTEE 707 N MONROE ST SAN JOSE CA 95128-134302-0210LAS ANIMAS835-02-013109ATLANTIC CONCRETE INC P O BOX 1772 GILROY CA 95021-177202-00LAS ANIMAS835-02-016110MARTIN, INEZ M TRUSTEE 14010 COLUMBET AV SAN MARTIN CA 95046-971002-0370TOMKINS835-02-023111ZEPEDA, ALFREDO AND 985 MONTEBELLO DR 105 E GILROY CA 9502002-0402MADISONCT835-03-059112GILROY SELF STORAGE PARTNERS P.O.BOX 699 DANVILLE CA 9452602-09080SAN YSIDRO835-04-078113LAS ANIMAS DEVEL CO LLC PO BOX 1772 GILROY CA 9502102-0315LAS ANIMAS835-05-006114GLANDER, CARMELLA R TRUSTEE 707 N MONROE ST SAN JOSE CA 95128-134302-0135LAS ANIMAS835-05-007115GERA, NICHOLAS TRUSTEE & ET AL 19341 MONTE VISTA DR SARATOGA CA 95070-621902-0410COHANSEY835-05-016116FA2017 LLC 84 W SANTA CLARA ST UNIT SAN JOSE CA 9511302-0FOREST(AV)835-31-030117HOLLER, DYLAN R TRUSTEE 405 SPRING GROVE RD HOLLISTER CA 9502302-0NO SITUS835-31-031118SWANSTON LANE LLC 18640 SUTTER BL STE 100 MORGAN HILL CA 9503702-00SWANSTON841-01-064119UNION PACIFIC CORPORATION 10031 FOOTHILLS BLVD ROSEVILLE CA 9574702-0NO SITUS841-02-046120Page 5Santa Clara County Weed Abatement Program120 records of 1506.B.bPacket Pg. 55Attachment: 2021 Gilroy Commencement report (3160 : Weeds and Refuse Abatement Initiation)
Situs APNCITY/STATE2021 WEED ABATEMENT PROGRAMCOMMENCEMENT REPORTCITY OF GILROYTExhibit ADRL PROPERTIES LLC 2545 MUIRFIELD WY GILROY CA 95020-000002-0NO SITUS841-02-055121NGUYEN, HUNG Q AND LE, HONG T 11485 NEW AV GILROY CA 95020-902702-0395LEWIS841-03-062122PATEL JITENDRAKUMAR M 39625 FREMONT BLVD FREMONT CA 94538020341 LEWIS ST841-03-063123RODRIGUEZ, QUIRINO V AND 835 GREEN VALLEYRD WATSONVILLE CA 9507602-0311LEWIS841-03-070124OLIVERI, SALVATORE A 7610 FOREST ST GILROY CA 95020-520202-07610FOREST841-03-071125GILROY LEWIS STREETL P 151 KALMUS DR STE J5 COSTA MESA CA 9262602-0111LEWIS841-04-029126LIU, DENG AND CHEN, SASHA 400 PALM AV MILLBRAE CA 9403002-0222MARTIN841-06-040127FERNANDEZ, FABIAN ET AL 7472 CHESTNUT ST GILROY CA 95020-580602-07472CHESTNUT841-07-043128MOREY, EDWARD J AND MEGAN D 7498 CHESTNUT ST GILROY CA 95020-580602-07498CHESTNUT841-07-049129PACIFIC GAS AND ELECTRIC CO 111 ALMADEN BLVD SAN JOSE CA 95115-000502-00SOUTH841-10-039130UNION PACIFIC CORPORATION 10031 FOOTHILLS BLVD ROSEVILLE CA 9574702-07101ALEXANDER841-13-021131UNION PACIFIC CORPORATION 10031 FOOTHILLS BLVD ROSEVILLE CA 9574702-00SOUTHFY841-14-059132UNION PACIFIC CORPORATION 10031 FOOTHILLS BLVD ROSEVILLE CA 9574702-0NO SITUS841-14-060133UNION PACIFIC CORPORATION 10031 FOOTHILLS BLVD ROSEVILLE CA 9574702-0NO SITUS841-14-072134GARLIC FARM TRUCK CENTER LLC 5000 2ND STE G BENECIA CA 9451002-05870MONTEREY841-14-080135MCCARTHY GILROY LLC 210 ALMENDRA AV LOS GATOS CA 95030-721102-06900CAMERON841-17-100136MCCARTHY GILROY LLC 210 ALMENDRA AV LOS GATOS CA 95030-721102-06503CAMERON841-17-107137UNITED NATURAL FOODS WEST INC 100 OLIVER ST FLR 18TH BOSTON MA 211002-0NO SITUS841-17-119138UNITED NATURAL FOODS WEST INC 100 OLIVER ST FLR 18TH BOSTON MA 211002-0NO SITUS841-17-121139SOUTH COUNTY VENS LLC 7960B SOQUEL DRIVE #371 APTOS CA 9500302-0NO SITUS841-18-086140SOUTH COUNTY VENS LLC 7960B SOQUEL DRIVE #371 APTOS CA 9500302-0NO SITUS841-18-087141NGUYEN, THU TAM 2673 MCLAUGHLIN AV SAN JOSE CA 95121-275202-0NO SITUS841-53-066142CAPRARA, DENNIS TRUSTEE & ET AL31958 GLORIA RD GONZALES CA 93926-940102-00PACHECO PASS841-70-014143ROCHA, JOE A AND VICTORIA M 575 SOUTHSIDE DR GILROY CA 9502002-0555HOLLOWAY841-70-037144Page 6Santa Clara County Weed Abatement Program144 records of 1506.B.bPacket Pg. 56Attachment: 2021 Gilroy Commencement report (3160 : Weeds and Refuse Abatement Initiation)
Situs APNCITY/STATE2021 WEED ABATEMENT PROGRAMCOMMENCEMENT REPORTCITY OF GILROYTExhibit ATEMPLE GILROY LLC 527 SIMAS DR MILPITAS CA 95035-472302-06970CAMINO841-70-049145FORTUNA DEL TIEMPO LLC 19910 SUNSET DR LOS GATOS CA 95030-293302-05885ROSSI841-72-001146PULMUONE WILDWOOD INC 2315 MOORE AV FULLERTON CA 9283302-0560ROSSI841-72-008147LONESTAR CALIFORNIA INC 1501 BELVEDERE RD WEST PALM BEACH CA 3340602-00LUCHESSAAV841-73-005148HOANG, VINCE AN TRI 5240 MONTEVERDE LN LINCOLN CA 9564802-05980TRAVEL PARK841-75-011149MCCARTHY GILROY LLC 210 ALMENDRA AV LOS GATOS CA 95030-721102-06601CAMERON841-84-009150Page 7Santa Clara County Weed Abatement Program150 records of 1506.B.bPacket Pg. 57Attachment: 2021 Gilroy Commencement report (3160 : Weeds and Refuse Abatement Initiation)
City of Gilroy
STAFF REPORT
Agenda Item Title: Claim of Pedro Bazurto (The City Administrator recommends a
“yes” vote under the Consent Calendar shall constitute the denial of
the claim)
Meeting Date: January 25, 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 January
25, 2021 meeting:
Claim of Pedro Bazurto
Attachments:
6.C
Packet Pg. 58
1. Claim of Pedro Bazurto
6.C
Packet Pg. 59
6.C.a
Packet Pg. 60 Attachment: Claim of Pedro Bazurto (3146 : Claim of Pedro Bazurto)
6.C.a
Packet Pg. 61 Attachment: Claim of Pedro Bazurto (3146 : Claim of Pedro Bazurto)
6.C.a
Packet Pg. 62 Attachment: Claim of Pedro Bazurto (3146 : Claim of Pedro Bazurto)
6.C.a
Packet Pg. 63 Attachment: Claim of Pedro Bazurto (3146 : Claim of Pedro Bazurto)
1
LeeAnn McPhillips
From:Shawna Freels
Sent:Monday, January 4, 2021 1:47 PM
To:Michele McBride
Cc:LeeAnn McPhillips; Denise King
Subject:RE: FW: Claim against the Gilroy Police Department
Thank you Michele. I am forwarding this on to the City’s risk management staff as well.
Best regards,
Shawna Freels, MMC
City Clerk
City of Gilroy
From: Michele McBride [mailto:shanelaw1000@gmail.com]
Sent: Monday, January 4, 2021 1:45 PM
To: Shawna Freels <Shawna.Freels@ci.gilroy.ca.us>
Subject: Re: FW: Claim against the Gilroy Police Department
Good afternoon Shawna,
This is to let you know that there was a typo in the claim previously sent to you. The claimants name is spelled
"Bazurto" not "Vazurto".
Thank you.
Michele
On Wed, Oct 28, 2020 at 1:47 PM Shawna Freels <Shawna.Freels@ci.gilroy.ca.us> wrote:
Hello, This email serves as confirmation of the receipt of your claim.
Best regards,
Shawna Freels, MMC
City Clerk
City of Gilroy
From: Michele McBride [mailto:shanelaw1000@gmail.com]
Sent: Wednesday, October 28, 2020 1:24 PM
To: Shawna Freels <Shawna.Freels@ci.gilroy.ca.us>
Cc: dshane@shanelaw1.com
Subject: Claim against the Gilroy Police Department
6.C.a
Packet Pg. 64 Attachment: Claim of Pedro Bazurto (3146 : Claim of Pedro Bazurto)
City of Gilroy
STAFF REPORT
Agenda Item Title: Award a Contract to McKim Corporation for the Curb Ramp and
Minor Concrete Improvements on 2nd and 3rd Street Project (No.
21-PW -265), and approve a project expenditure of $69,300.
Meeting Date: January 25, 2021
From: Jimmy Forbis, City Administrator
Department: Public Works Department
Submitted By: Karl Bjarke
Prepared By: Karl Bjarke
Sara Soto
Strategic Plan Goals
☐ Fiscal Stability
☐ Downtown
Revitalization
☐ Economic
Development
☐ Neighborhood Services
Enhanced Public
Safety
☐ Workforce Stability ☐ Public Engagement
RECOMMENDATION
A. Award a contract to McKim Corporation in the amount of $62,999.99 for the Curb
Ramp and Minor Concrete Improvements on 2nd and 3rd Streets Project.
B. Approve the expenditure of $6,300.01 for contingency only to be expended by
approved Change Orders thus allowing for a maximum project expenditure of
$69,300.00
EXECUTIVE SUMMARY
The Curb Ramp and Minor Concrete Improvements on 2 nd and 3rd Streets Project (the
Project) consists of replacing seven curb ramps on 2nd and 3rd Street (by Brownell
7.A
Packet Pg. 65
Middle School) and repairing minor concrete at the southern island of the roundabout
located on Santa Teresa Boulevard and Third Street. The Project will be fun ded from
Gas Tax 2106, Fund 210. The Public Works Department advertised the Project in the
San Jose Mercury News and on the City’s website on November 5, 2020 and received
nine bids. After a successful bid opening, staff recommends awarding a contract to the
lowest bidder, McKim Corporation, for an amount of $62,999.99. In addition, staff
recommends approval to spend an additional $6,300.01 for contingency purposes and
can only be made with City-approved change orders. With the base contract amount
and contingency, the Council is requested to approve a maximum of $69,300.00 for the
Project.
BACKGROUND
In late 2019, Brownell Middle School submitted a re-development plan to the City
through its Arch and Site process. During the plan review, the City identifi ed a number
of pedestrian improvements that were needed around the perimeter of the school
project site. The improvements included repairs to the sidewalk, and curb ramp
upgrades along the school’s frontage to enhance pedestrian safety. Consequently, the
City conditioned the project to make the necessary sidewalk repairs and install all new
curb ramps along the school frontage as part of the project’s entitlement approval.
These improvements were then installed and completed by the school in August 2020.
This City’s Project is to construct seven curb ramps along the perimeter of the school
site at locations adjacent to the newly installed curb ramps. When complete, all
intersections and crosswalks along the perimeter of the school will have ADA-compliant
curb ramps which will enhance pedestrian safety for the neighborhood residents, and
most importantly, for the students that walk to school each day.
In addition to the curb ramp upgrades, this Project will replace minor concrete damage
at the roundabout located on Santa Teresa Boulevard and Third Street. In January
2019, it was reported that a motorist drove through the roundabout and caused damage
to the southern island curb and stamped concrete that protects the pedestrian
crosswalk. The incident was a hit-and-run thus the City was unable to determine the
person responsible for the damage to the City’s infrastructure. Once the damage was
reported, City crew cleaned up the broken concrete from crosswalk area to make it safe
to use again, but the damage remains.
Due to the specialized concrete that was used in the roundabout, the City’s crew is
unable to make the needed repairs. This Project will repair the concrete work damage at
this site.
ANALYSIS
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On November 5, 2020, staff advertised the Project in the San Jose Mercury News and
on the City’s website with a bid opening date of December 9, 2020. One addendum was
issued for this bid on November 30, 2020. Staff received nine bids. A summary of the
bid results are as follows:
Rank Company Total Bid Amount
1 McKim Corporation $62,999.99
2 Always Paving $67,000.00
3 Joe’s Landscaping and Concrete $79,475.00
4 Precision Grade, Inc. $99,225.00
5 J.J.R. Construction $108,429.00
6 FBD Vanguard Construction $112,970.00
7 Sposeto Engineering $119,050.00
8 Don Chapin Company $124,847.00
9 Innovate Concrete, Inc. $179,007.42
The lowest responsive bidder is McKim Corporation with a total bid of $6 2,999.99. The
Engineer’s Estimate was $72,000. The lowest bid is 12.5% lower than the engineer’s
estimate. Staff recommends City Council approval of the award at $6 2,999.99. Staff
also recommends a contingency amount of $6,300.01 be approved to cover the cost of
any unexpected issues that arise during project construction.
Staff anticipates construction of the Project to begin in February 2021 and be completed
in March 2021.
ALTERNATIVES
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The alternative to the staff recommendation is to reject all bids. Staff does not
recommend this option as it will cause a delay in the project and the City could incur
additional costs due to rebidding.
FISCAL IMPACT/FUNDING SOURCE
The recommended award to McKim Corporation for the Project is $62,999.99. Staff
recommends including a 10% contingency of $6,300.01 for a total construction
allocation of $69,300. The Project will be funded from Gas Tax 2106, Fund 210. The
contingency amount is intended to account for unforeseen conditions or necessary field
changes in the scope of work during construction.
PUBLIC OUTREACH
Public outreach will be conducted to inform affected parties of the nature and schedule
of work for the Project.
For the curb ramp upgrades on 2nd and 3rd Street (by Brownell Middle School), the
contractor will hand-deliver notices to residents and businesses near site of each project
area two weeks in advance of the work, and again 48 hours in advance of the work.
Also, Staff has been and will continue coordination with Brownell Middle School and the
Gilroy Unified School District.
For the concrete repair at the Santa Teresa Boulevard and Third Street roundabout, the
contractor will set up two changeable message signs on Santa Teresa Boulevard during
construction.
Staff will also provide this information on the City’s social media through Facebook,
Nextdoor, and E-mail Express before the work begins at both sites and throughout the
course of the construction work.
NEXT STEPS
Upon Council’s approval of this contract, the contract will be executed, and Staff will
work with the contractor to develop a final construction schedule to begin construction in
February 2021.
Attachments:
1. 21-PW -265 Agreement Packet- McKim Corporation
2. 21-PW -265 Plans
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Packet Pg. 69 Attachment: 21-PW-265 Agreement Packet- McKim Corporation (3127 : Award Contract for Curb Ramp and Minor Concrete Improvements on 2nd and 3rd Street)
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Packet Pg. 81 Attachment: 21-PW-265 Agreement Packet- McKim Corporation (3127 : Award Contract for Curb Ramp and Minor Concrete Improvements on 2nd and 3rd Street)
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Packet Pg. 82 Attachment: 21-PW-265 Agreement Packet- McKim Corporation (3127 : Award Contract for Curb Ramp and Minor Concrete Improvements on 2nd and 3rd Street)
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Packet Pg. 91 Attachment: 21-PW-265 Agreement Packet- McKim Corporation (3127 : Award Contract for Curb Ramp and Minor Concrete Improvements on 2nd and 3rd Street)
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Packet Pg. 92 Attachment: 21-PW-265 Agreement Packet- McKim Corporation (3127 : Award Contract for Curb Ramp and Minor Concrete Improvements on 2nd and 3rd Street)
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Packet Pg. 101 Attachment: 21-PW-265 Agreement Packet- McKim Corporation (3127 : Award Contract for Curb Ramp and Minor Concrete Improvements on 2nd and 3rd Street)
ACCEPTANCE OF PLANSAPPROVED:__________________________________________________________________________________GARY HEAP DATECITY ENGINEERCITY OF GILROYALL LOCATIONS AND DEPTHS OF UTILITIES ARE APPROXIMATE. THECONTRACTOR SHALL BE RESPONSIBLE FOR VERIFYING SIZES, DEPTHS, ANDLOCATIONS OF ALL UTILITIES PRIOR TO PROCEEDING WITH ANY WORK ORORDERING OF MATERIALS. ANY CHANGES TO THESE PLANS ANDSPECIFICATIONS SHALL BE APPROVED BY THE ENGINEER.CONTRACTOR SHALL NOTIFY USA (UNDERGROUND SERVICE ALERT) AT1-800-227-2600, A MINIMUM OF 48 HOURS BEFORE BEGINNING ANY EXCAVATIONS.THE CITY OF GILROY HEREBY ACCEPTS THESE PLANS FOR CONSTRUCTION, ASBEING IN GENERAL COMPLIANCE WITH PLANS PREPARATION REQUIREMENTS OFTHIS GOVERNMENT. RESPONSIBILITY FOR THE COMPLETENESS AND ACCURACYOF THE PLANS AND RELATED DESIGN RESIDES WITH THE ENGINEER ANDENGINEERING FIRM OF RECORDTHE WORK INCLUDES THE FURNISHING OF ALL LABOR, MATERIALS,INCIDENTALS, AND EQUIPMENT NECESSARY TO PERFORM THECONSTRUCTION OF NEW SIDEWALKS, REMOVAL AND REPLACEMENT OFEXISTING CURB RAMPS, MINOR ASPHALT REPLACEMENT, CURB MARKINGS,STORMWATER MANAGEMENT, AND OTHER INCIDENTALS THERETOPROJECT DESCRIPTION Curb Ramps & Minor Concrete Improvements on 2nd & 3rd StreetProject No. 21-PW-265 DRAWN BY:EA DATE ScaleCURB RAMPS & MINOR CONCRETEIMPROVEMENTS ON 2ND & 3RDSTREET Drawing No.OCT 2020NTST-1 DESIGNED BY:EA DATEOCT 2020 PROJECT No.TITLE SHEET REVIEWED BY:FM DATE21-PW-265SHEET 1 OF 6OCT 2020PROJECT LOCATIONNo.DATEBYREVISIONSCITY APPROVALSDEPARTMENTDATECITY OF GILROYDEPARTMENT OF PUBLIC WORKS7351 ROSANNA STREETGILROY, CALIFORNIA 95020MAIN (408) 846-0415 | FAX (408) 846-0469Sheet IndexSHEET NO.SHEET TITLEDRAWING NO.1Title SheetT-12General NotesGN-132nd & Carmel Curb RampsCR-142nd & Hanna Curb RampsCR-253rd & Hanna Curb RampsCR-363rd Street RoundaboutCR-47.A.bPacket Pg. 102Attachment: 21-PW-265 Plans (3127 : Award Contract for Curb Ramp and Minor Concrete Improvements on 2nd and 3rd Street)
General Notes1. THE ENGINEER ASSUMES NO RESPONSIBILITY BEYOND ADEQUACY OF THE DESIGNCONTAINED HEREIN2. CONTRACTOR AGREES TO ASSUME SOLE AND COMPLETE RESPONSIBILITY FOR JOB SITECONDITIONS DURING THE COURSE OF CONSTRUCTION OF THIS PROJECT, INCLUDINGSAFETY OF ALL PERSONS AND PROPERTY. THIS REQUIREMENT SHALL APPLYCONTINUOUSLY AND NOT BE LIMITED TO NORMAL WORKING HOURS AND THECONTRACTOR SHALL DEFEND, INDEMNIFY AND HOLD THE OWNER AND ENGINEERHARMLESS FROM ANY AND ALL LIABILITY, REAL OR ALLEGED, IN CONNECTION WITH THEPERFORMANCE OF WORK ON THIS PROJECT, EXCEPT FOR LIABILITY ARISING FROM THESOLE NEGLIGENCE OF THE OWNER OR ENGINEER.3. IT IS THE RESPONSIBILITY OF THE CONTRACTOR TO OBTAIN PERMITS NECESSARY TOPERFORM THE IMPROVEMENTS IN THESE PLANS FROM THE APPROPRIATE AGENCIESAND TO COMPLY WITH THE CITY'S REQUIREMENTS. THE CONTRACTOR MUST COMPLYWITH ALL LOCAL, STATE, NATIONAL, AND FEDERAL LAWS.4. THE CONTRACTOR SHALL PROVIDE ALL LIGHTS, SIGNS, BARRICADES, FLAGMEN, OROTHER DEVICES NECESSARY TO PROVIDE FOR PUBLIC SAFETY AND WORKER SAFETY INACCORDANCE WITH LATEST CALTRANS, CA MUTCD, AND CAL-OSHA SPECIFICATIONS.5. IF ANY CULTURAL FEATURES OR ARCHAEOLOGICAL MATERIALS ARE UNCOVEREDDURING GRADING, TRENCHING, OR OTHER EXCAVATION WORK, ALL WORK WITHIN ONEHUNDRED (100) FEET OF THESE MATERIALS SHALL BE STOPPED UNTIL A PROFESSIONALARCHAEOLOGIST CERTIFIED BY THE SOCIETY OF PROFESSIONAL ARCHAEOLOGY (SOPA)AND/OR SOCIETY OF CALIFORNIA ARCHAEOLOGY (SCA) HAS HAD AN OPPORTUNITY TOEVALUATE THE SIGNIFICANCE OF THE FIND AND APPROPRIATE MITIGATION MEASURESARE DETERMINED AND IMPLEMENTED.6. THE CONTRACTOR IS RESPONSIBLE FOR HAVING A COMPLETE AND CURRENT COPY OFTHE APPROVED PLAN ON THE JOB SITE AT ALL TIMES.7. THE CONTRACTOR SHALL BE HELD RESPONSIBLE FOR ANY FIELD CHANGES MADEWITHOUT WRITTEN AUTHORIZATION FROM THE CITY.8. THE CONTRACTOR SHALL BE RESPONSIBLE FOR MATCHING EXISTING STREETS,SURROUNDING LANDSCAPE, AND ALL OTHER EXISTING CONDITIONS WITH A SMOOTHTRANSITION IN PAVING, CURBS, GUTTERS, SIDEWALKS, GRADING, ETC., AND TO AVOIDANY ABRUPT OR APPARENT CHANGES IN GRADES OR CROSS SLOPES, LOW SPOTS, ANDHAZARDOUS CONDITIONS.9. THE CONTRACTOR SHALL BE RESPONSIBLE TO IDENTIFY THE EXACT LOCATION OFSURFACE UTILITIES. THIS IDENTIFICATION SHALL BE VERIFIED AND COORDINATED BYTHE CONTRACTOR WITH THE APPROPRIATE UTILITY COMPANY AS REQUIRED. CALL U.S.A(UNDERGROUND SERVICE ALERT) FOR UTILITY LOCATION QUESTIONS AT LEAST 48HOURS BEFORE DIGGING. PHONE 1-800-642-2444 (OR DIAL 811)10. CONTRACTOR SHALL PROVIDE A TWO (2) WEEK ADVANCE NOTICE AND 72 HOURADVANCE NOTICE TO PROPERTY OWNERS AND RESIDENTS PRIOR TO COMMENCINGCONSTRUCTION WORK. NOTIFICATION TO BE BY LETTER AND SHALL BE APPROVED BYTHE ENGINEER.11. TRAFFIC CONTROL SHALL BE PERFORMED IN ACCORDANCE WITH THE REQUIREMENTSOF THE LATEST "CALIFORNIA MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES"PUBLISHED BY CALTRANS, AND AS REQUIRED IN THE PROJECT SPECIFICATION.12. THE CONTRACTOR SHALL SUBMIT A PROPOSED HAUL ROUTE AND SHALL NOT BEGINHAULING UNTIL RECEIVING WRITTEN APPROVAL OF THE PROPOSED HAUL ROUTE FROMTHE CITY.13. PROPOSED IMPROVEMENTS IDENTIFIED HEREIN SHALL BE SUPPLEMENTED BY THELATEST EDITIONS OF THE CITY STANDARD PLANS AND SPECIFICATIONS AND CALTRANSPLANS AND SPECIFICATIONS.14. DUST CONTROL - THE CONTRACTOR SHALL CONTROL DUST TO THE MAXIMUM EXTENTPRACTICABLE. MEETING OR EXCEEDING REQUIREMENTS ESTABLISHED BY THE BAYAREA AIR QUALITY MANAGEMENT DISTRICT, AND AS REQUIRED IN THE PROJECTSPECIFICATIONS.15. SAFETY MEASURES - AT ALL TIMES, INCLUDING NON-WORKING HOURS, THECONTRACTOR SHALL BE SOLELY AND COMPLETELY RESPONSIBLE FOR CONDITIONS OFTHE JOB SITE, CONTRACTOR'S OPERATIONS AND/OR MATERIALS AND EQUIPMENTSTORED IN THE STAGING AREAS, INCLUDING SAFETY OF PERSONS AND PROPERTY, ANDFOR ALL NECESSARY INDEPENDENT ENGINEERING REVIEW OF THE CONDITIONS. THEENGINEER'S JOB SITE REVIEW IS NOT INTENDED TO INCLUDE REVIEW OF THE ADEQUACYOF THE CONTRACTOR'S SAFETY MEASURES.16. CONTRACTOR SHALL BE RESPONSIBLE FOR PREPARING A WPCP FOR APPROVAL BY THEENGINEER. CONTRACTOR SHALL IMPLEMENT THE WPCP THROUGHOUT THE DURATIONOF THE PROJECT, AND AS REQUIRED IN THE PROJECT SPECIFICATIONS.17. ALL EXISTING CURBS, GUTTERS, SIDEWALKS, DRIVEWAYS, AND CURB RAMPS THAT ARETO BE RECONSTRUCTED SHALL BE REPLACED WITHIN THE SAME CALENDAR WEEK OFTHEIR REMOVAL, UNLESS OTHERWISE APPROVED BY THE ENGINEER.18. THE CITY MUST APPROVE CONCRETE FORMS BEFORE THE POURING OF CONCRETE.CONCRETE POURED PRIOR TO IS SUBJECT TO REJECTION AND REMOVAL.19. CURB RAMPS SHALL BE REPLACED BY SAWCUTTING ALONG SCORE MARKS, THENREMOVING AND REPLACING THE ENTIRE WIDTH OF THE SIDEWALK OVER 4" AGGREGATEBASE AND INSTALLING NO. 4 DOWELS (9" MAXIMUM LENGTH) AT 3' ON CENTERS. THEDOWELS ARE TO BE DRILLED 3" INTO THE EXISTING CURB AND REMAINING SIDEWALKAND EPOXIED INTO PLACE.20. IF THERE ARE TREE ROOTS PRESENT AT LOCATIONS WHERE CONCRETE REPAIRS ARESPECIFIED, CONTRACTOR SHALL OBTAIN APPROVAL FROM THE ENGINEER PRIOR TOCUTTING, PRUNING, OR REMOVING AND TREE ROOTS WHILE PERFORMING CONCRETEREPAIRS. CONTRACTOR SHALL APPLY ROOT CONTROL BARRIERS PRIOR TO PLACINGNEW CONCRETE.21. ALL CURB RAMPS SHALL BE CONSTRUCTED WITH 6" AGGREGATE BASE UNDERNEATHTHE CONCRETE BUS STOPS22. CONTRACTOR SHALL CONTACT THE VTA GENERAL BUS STOP HOTLINE AT (408) 321-5800OR VIA EMAIL AT BUS.STOP@VTA.ORG TO COORDINATE IMPACTS TO VTA BUS STOPS.CONTRACTOR SHALL PROVIDE NATURE OF IMPACT AND ESTIMATED NUMBER OFWORKING DAYS. CONTRACTOR MAY BE REQUIRED TO CONSTRUCT TEMPORARYIMPROVEMENTS TO ACCOMMODATE RELOCATING THE BUS STOPS. GARBAGE COLLECTION23. FOR ANY WORK ON OR ADJACENT TO GARBAGE AND RECYCLING COLLECTION ROUTES,THE CONTRACTOR SHALL ALLOW GARBAGE TRUCKS TO SAFELY PASS THROUGH THECONTRACTOR'S SITE AT ALL TIMES, UNLESS AN EXCEPTION IS GRANTED BY THEENGINEER. CONTRACTOR SHALL NOTIFY RECOLOGY (408-842-3358) PRIOR TOCOMMENCING CONSTRUCTION OF WORK WITHIN THE COLLECTION SITE. DRIVEWAY ACCESS24. THE CONTRACTOR SHALL MAINTAIN INGRESS AND EGRESS OF PRIVATE PROPERTYADJACENT TO THE WORK THROUGHOUT THE PERIOD OF CONSTRUCTION UNLESSAPPROVED BY THE ENGINEER AND PRIVATE PROPERTY OWNERS. MAIL SERVICE25. THE CONTRACTOR SHALL CONTACT USPS AT (408-842-1354) TO COORDINATE IMPACTSTO MAIL SERVICE. SITE RESTORATION26. EXISTING LANDSCAPING WITHIN THE AREA OF WORK SHALL BE CAREFULLY REMOVEDAND REPLACED IN KIND WITH MINIMAL DAMAGE, LANDSCAPE SOIL SHALL BE REPLACEDWHEN DIRECTED BY THE ENGINEER WITH BACKFILL MIX PER THE STATED STANDARDSPECIFICATIONS UNLESS OTHERWISE DIRECTED BY THE ENGINEER.27. THE CONTRACTOR SHALL RETURN THE PRIVATE YARDS, SIDEWALKS, PLANTERS,IRRIGATION SYSTEMS, AND OTHER FACILITIES, PUBLIC OR PRIVATE, DISTURBED BY THEWORK TO THE SAME OR BETTER CONDITION THAT EXISTED PRIOR TO COMMENCEMENTOF THE WORK. THE CONTRACTOR SHALL MAKE A REASONABLE EFFORT TO RESTOREEACH PRIVATE YARD DISTURBED BY THE WORK WITHIN ONE WEEK AFTER THE WORK ISCOMPLETE ON THE SAME YARD EXCEPT WHERE THE CITY'S INSPECTOR AGREES THATFOR CONSTRUCTION REASONS, THE ONE WEEK REQUIREMENT MAY BE EXTENDED.IRRIGATION THAT IS DAMAGED SHALL BE REPAIRED WITHIN ONE WEEK OF DAMAGE. DRAWN BY:EA DATE ScaleCURB RAMPS & MINOR CONCRETEIMPROVEMENTS ON 2ND & 3RDSTREET Drawing No.OCT 2020NTSGN-1 DESIGNED BY:EA DATEOCT 2020 PROJECT No.GENERAL NOTES REVIEWED BY:FM DATE21-PW-265SHEET 2 OF 6OCT 2020No. DATE BYREVISIONSCITY APPROVALSCITY OF GILROYSARA SOTO, PROJECT ENGINEERFARANAK MAHDAVI, SENIOR CIVIL ENGINEERDEPARTMENT OF PUBLIC WORKS7351 ROSANNA STREETGILROY, CALIFORNIA 95020MAIN (408) 846-0415 | FAX (408) 846-0469GARY HEAP, CITY ENGINEER7.A.bPacket Pg. 103Attachment: 21-PW-265 Plans (3127 : Award Contract for Curb Ramp and Minor Concrete Improvements on 2nd and 3rd Street)
DRAWN BY:EA DATE ScaleCURB RAMPS & MINOR CONCRETEIMPROVEMENTS ON 2ND & 3RDSTREET Drawing No.OCT 2020NTSCR-1 DESIGNED BY:EA DATEOCT 2020 PROJECT No.2ND & CARMEL CURBRAMPS REVIEWED BY:FM DATE21-PW-265SHEET 3 OF 6OCT 2020No. DATE BYREVISIONSCITY APPROVALSCITY OF GILROYSARA SOTO, PROJECT ENGINEERFARANAK MAHDAVI, SENIOR CIVIL ENGINEERDEPARTMENT OF PUBLIC WORKS7351 ROSANNA STREETGILROY, CALIFORNIA 95020MAIN (408) 846-0415 | FAX (408) 846-0469GARY HEAP, CITY ENGINEER7.A.bPacket Pg. 104Attachment: 21-PW-265 Plans (3127 : Award Contract for Curb Ramp and Minor Concrete Improvements on 2nd and 3rd Street)
DRAWN BY:EA DATE ScaleCURB RAMPS & MINOR CONCRETEIMPROVEMENTS ON 2ND & 3RDSTREET Drawing No.OCT 2020NTSCR-2 DESIGNED BY:EA DATEOCT 2020 PROJECT No.2ND & HANNA CURBRAMPS REVIEWED BY:FM DATE21-PW-265SHEET 4 OF 6OCT 2020No. DATE BYREVISIONSCITY APPROVALSCITY OF GILROYSARA SOTO, PROJECT ENGINEERFARANAK MAHDAVI, SENIOR CIVIL ENGINEERDEPARTMENT OF PUBLIC WORKS7351 ROSANNA STREETGILROY, CALIFORNIA 95020MAIN (408) 846-0415 | FAX (408) 846-0469GARY HEAP, CITY ENGINEER7.A.bPacket Pg. 105Attachment: 21-PW-265 Plans (3127 : Award Contract for Curb Ramp and Minor Concrete Improvements on 2nd and 3rd Street)
DRAWN BY:EA DATE ScaleCURB RAMPS & MINOR CONCRETEIMPROVEMENTS ON 2ND & 3RDSTREET Drawing No.OCT 2020NTSCR-3 DESIGNED BY:EA DATEOCT 2020 PROJECT No.3RD & HANNA CURBRAMPS REVIEWED BY:FM DATE21-PW-265SHEET 5 OF 6OCT 2020No. DATE BYREVISIONSCITY APPROVALSCITY OF GILROYSARA SOTO, PROJECT ENGINEERFARANAK MAHDAVI, SENIOR CIVIL ENGINEERDEPARTMENT OF PUBLIC WORKS7351 ROSANNA STREETGILROY, CALIFORNIA 95020MAIN (408) 846-0415 | FAX (408) 846-0469GARY HEAP, CITY ENGINEER7.A.bPacket Pg. 106Attachment: 21-PW-265 Plans (3127 : Award Contract for Curb Ramp and Minor Concrete Improvements on 2nd and 3rd Street)
SEE DETAIL 2CURB REMOVAL &REPLACEMENTSTAMPED CONCRETEREMOVAL & REPLACEMENT DRAWN BY:EA DATE ScaleCURB RAMPS & MINOR CONCRETEIMPROVEMENTS ON 2ND & 3RDSTREET Drawing No.OCT 2020NTSCR-4 DESIGNED BY:EA DATEOCT 2020 PROJECT No.3RD STREETROUNDABOUT REVIEWED BY:FM DATE21-PW-265SHEET 6 OF 6OCT 2020NOTES1. STAMPED CONCRETE TO BE IN THE COLOR CHROMIX SMOKE PLUM 49592. CONCRETE CURB TO BE 6" WIDE AND 12" IN DEPTH3. ANY DAMAGE CAUSED TO EXISTING STRUCTURES MUST BE REPAIRED AND REPLACED AT NO COST TO THE CITYDETAIL 2No. DATE BYREVISIONSCITY APPROVALSCITY OF GILROYSARA SOTO, PROJECT ENGINEERFARANAK MAHDAVI, SENIOR CIVIL ENGINEERDEPARTMENT OF PUBLIC WORKS7351 ROSANNA STREETGILROY, CALIFORNIA 95020MAIN (408) 846-0415 | FAX (408) 846-0469GARY HEAP, CITY ENGINEER7.A.bPacket Pg. 107Attachment: 21-PW-265 Plans (3127 : Award Contract for Curb Ramp and Minor Concrete Improvements on 2nd and 3rd Street)
City of Gilroy
STAFF REPORT
Agenda Item Title: Standing Report on Operational Impacts and City/Community
Efforts Related to the COVID-19 Pandemic
Meeting Date: January 25, 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.
EXECUTIVE SUMMARY
The instabilities of the COVID-19 pandemic continues to play a major role in influencing
how local government responds to this current health and fiscal crisis. Timely and
accurate situational awareness is critical for elected officials to assist you in making
informed decisions on how best to allocate resources for maximum effectiveness within
the community.
This report serves as a standing Council discussion concerning the various impacts of
the pandemic. Presentations will be given on interconnected topics such as health and
safety, City finances, and business and economic recovery.
POLICY DISCUSSION
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Discussions coming from the information contained in this report may include service
levels, fiscal decisions and employee relations, among others.
FISCAL IMPACT/FUNDING SOURCE
Fiscal impacts are directly tied to and occur as the result of pandemic conditions region -
wide, and within our community.
CONCLUSION
This standing report is to inform the City Council and to keep you updated on the
changes to COVID-19 conditions within the clinical and operational spheres of local
government.
PUBLIC OUTREACH
Public education and outreach regarding COVID-19 is a regular and ongoing feature of
the City’s community engagement efforts.
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City of Gilroy
STAFF REPORT
Agenda Item Title: Adoption of the Revised Gilroy City Council Norms
Meeting Date: January 25, 2021
From: Jimmy Forbis, City Administrator
Department: City Clerk
Submitted By: Shawna Freels
Prepared By: Shawna Freels
Marie Blankley
Strategic Plan Goals
☐ Fiscal Stability
☐ Downtown
Revitalization
☐ Economic
Development
☐ Neighborhood Services
☐ Enhanced Public
Safety
☐ Workforce Stability ☐ Public Engagement
RECOMMENDATION
Adopt the revised Gilroy City Council Norms.
BACKGROUND
The Gilroy City Council has established protocols and procedures in order to conduct
Council business in the most effective manner possible. Originally adopted in 1999 as
Council Norms, the City Council reviews the document each year and last formally
revised and re-adopted the protocols as “Gilroy City Council Agreements” in 2014,
which outlines procedures for:
Council Meetings
Adding Agenda Items
Council Interactions
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Staff Relations
Council Communications
Council Travel and Training/Participation in Outside Boards and
Memberships
ANALYSIS
Some of the ‘agreements’ in the 2014 document are no longer practiced and in some
instances, Council has more formal and specific procedures such as the recently
adopted Emergency Communications document and recently revised City Travel Policy.
The current Gilroy City Council Agreements document does not reflect these recent
changes.
The Council reviewed and considered updates to the “Gilroy City Council Agreements”
document at the January 4, 2021 meeting and made several modifications, including
retitling the document as “Gilroy City Council Norms”.
CONCLUSION
The revised “Gilroy City Council Norms” is now before Council for re-adoption with
modifications from the 2014 version.
Attachments:
1. Council Norms - 2021 changes_clean
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Gilroy City Council Norms
Page 1
Formally Adopted: February, 7, 2011
Revisions Approved: April 14, 2014
Revisions for approval: January 25, 2021
Gilroy City Council Norms
Meetings Guidelines:
3 minute per public comment per item/5 minutes for applicants, 2 minute rebuttal
for applicant. (City Clerk will provide a timer). Staff will make every effort to
limit staff reports to 5 minutes, with opportunity to elaborate based on questions
from Council.
Email questions to staff prior to the meeting to promote clear, available and
concise answers
Come prepared
Reveal information gained from contacts
Stay on task
Council reports and presentations should be concise and efficient, no more than 3
minutes and limited to the boards on which you sit
Follow Robert’s Rules of Order
Start all meetings on time
Direct questions on agenda to the City Administrator or the Mayor
Public inquiries at meetings will be responded to or as directed by the Mayor
When meeting with citizens and receiving information, Council should ask if staff
has received and analyzed the new information.
All new information from an applicant must be into staff on the preceding
Monday at 5:00 p.m. before the City Council meeting.
When a Regular City Council meeting falls on a holiday, that meeting will be
moved to the following Monday with the exception of the single meeting in July
which will be held on the first day of the month not a holiday, Friday, Saturday or
Sunday.
A single meeting will be held in the month of July.
If a Council Member abstains on an item, the Council Member must explain the
reason for the abstention.
During City Council meetings, the Mayor will summarize the thumbs up/down
direction given for the record.
Meetings will end at 11:00 p.m. unless a majority of Council vote to extend the
meeting.
Action style minutes will be taken by the City Clerk for all City Council meetings
Notes will be taken for all City Council study sessions and workshops
No motion should be made until public comment is closed and Council has had an
opportunity to deliberate on the item.
Council Members must be in the queue prior to making a motion on an item
Written material provided by public members for Council agenda item “public
comment on items not on the agenda” will be limited to 10 pages in hard copy.
An unlimited amount of material may be provided if produced electronically.
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Gilroy City Council Norms
Page 2
Formally Adopted: February, 7, 2011
Revisions Approved: April 14, 2014
Revisions for approval: January 25, 2021
Meetings will be held or adjourned in the name of or in memory of a person only
if that person has accomplishments specific to Gilroy.
Adding Agenda Items:
Any Council Member may submit an item onto the agenda for consideration as an
agenda item by submitting the materials to the City Clerk by 5:00 p.m. the
Tuesday prior to the meeting. At that meeting, the Council will vote whether to go
forward with the item. An email will be sent to the entire Council of the request
and will appear under agenda section “Future Council Initiated Agenda Items”.
Council Interactions:
Respect for differences and community
Avoid negative non-verbal, judgmental stances, and personal attacks
Exercise manners
Minimize redundancy
Listen attentively
Check out rumors and confirm sources
Keep a positive tone and body language
Follow the Brown Act, including social media communications restrictions
enacted in 2020
Give feedback privately
All quasi-judicial ex parte communications (as defined by Council Policy) or
conflict of interests will be disclosed by each Council Member.
To respect the independent voice of our commissions, no Council Member may
attempt to influence any commission.
Any Council Member choosing to speak before another elected body on any item
for which they are not a Council-appointed representative shall clearly state up
front that they are not speaking for the City Council, and shall be mindful that no
matter how many hats they may wear, they are still perceived by the public as a
Council Member.
Staff Relations:
Council Members should be aware that staff responses to an individual Council
Member’s questions may be forwarded to the entire Council.
Direct questions to City Administrator and Department Heads. Project related
questions may be directed to the staff person working to the project and responses
may also be sent to all City Council Members.
City Attorney – maximum of 1 hour of research for individual issues. If more
time is needed, must have Council approval
Forward any information to the City Administrator as necessary. No surprises to
City Administrator or City Council
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Gilroy City Council Norms
Page 3
Formally Adopted: February, 7, 2011
Revisions Approved: April 14, 2014
Revisions for approval: January 25, 2021
The Council’s focus is policy. The staff focuses on the professional and technical
Show respect to staff
Give as much lead-time as possible
Proposed/future project discussions are confidential until paperwork/applications
are submitted – then the Council and public will be informed. Staff to identify
large/sensitive projects when application is made and inform Council at that time.
The City Clerk will attend all study sessions and workshops of the City Council.
Council Communications:
Be mindful of each other’s diversity
Be supportive and positive with each other
When sitting as a representative on another body, represent the City’s position
and seek Council input as necessary
Task Forces
At initial meeting Council Member will be present and explain what the Task
Force’s Goal/Objectives are. Further explanation will include that they are a
recommendation body and the Council may revise their final actions.
Staff will create a boiler plate document which will have the place for the
Goal/Objective of the Task Force, the norms of the group, and any other
information Council and Staff feel is important.
Press Corrections
If City Council see first, call/e-mail/communicate to City Administrator to
have staff send out correction.
When a Council Member endorses a person/position/issue/etc. it is a personal
endorsement, not a City endorsement. If a Council Member wishes a City of
Gilroy endorsement, they will place the issue on the agenda with a short written
explanation. The Council will then decide whether to take action or not.
When a Council Member is identified as spokesperson, then only he/she speaks
on behalf of the City Council.
Legal communications should go through the Mayor or his/her designee,
following legal review.
Emergency communications shall follow the Council Emergency Communication
document adopted in 2020
No Council Member shall communicate in a manner that appears to come from
the city or city staff or the City Council, or in a manner that suggests the
knowledge of the City Council
Repeated or serious violation of these norms can be addressed by the Council by
censure of a Council Member, following notice and an opportunity to be heard.
This document formally authorizes the censure remedy to the City Council and
allows for the basic due process protections of notice and hearing.
9.B.a
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Gilroy City Council Norms
Page 4
Formally Adopted: February, 7, 2011
Revisions Approved: April 14, 2014
Revisions for approval: January 25, 2021
Council Travel and Training/Participation on Outside Boards and Memberships
Council Members will check with the full Council when he/she wishes to go to
meetings outside “normal” (i.e. League, assigned outside organization meetings)
travel and training, such as specialized training and/or meetings of participation
groups andCouncil Members will place a short written explanation of the request
on the agenda.
If a Council Member wishes to apply to participate in an outside government
organization that is not part of the current City Council Advisory Committees &
Representatives list, the Council Member will let Council know through the
agenda with a short written explanation of the request.
If the primary Council representative to an organization cannot attend, they will
contact the alternate.
The alternate Council representative can attend the outside organization meeting,
even if the primary is there, to gain experience and knowledge.
If a Council Member must cancel a hotel reservation/registration, or the like, the
Council Member will pay all costs associated with that cancellation. The City
Clerk will give Council Members the cancellation policy of the event/hotel/etc. in
advance if possible.
Any payment for travel and meeting expenses of a Council Member, or
reimbursement thereof, shall be in accordance with the City of Gilroy Travel and
Meeting Expense Policy, last revised on 3/2/2020.
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City of Gilroy
STAFF REPORT
Agenda Item Title: Consideration of Proposed Amendments to the Gilroy City Code to
Eliminate Smoking Areas in City Parks
Meeting Date: January 25, 2021
From: Jimmy Forbis, City Administrator
Department: Administration
Submitted By: Jimmy Forbis
Prepared By: Adam Henig
Adam Henig
Strategic Plan Goals
☐ Fiscal Stability
☐ Downtown
Revitalization
☐ Economic
Development
☐ Neighborhood Services
☐ Enhanced Public
Safety
☐ Workforce Stability ☐ Public Engagement
RECOMMENDATION
Receive report and direct staff to prepare an ordinance amending Chapter 19B of the
Gilroy City Code entitled “Smoking Pollution Control” to prohibit smoking areas in city
parks.
EXECUTIVE SUMMARY
For the past decade, the Public Health Department has encouraged Santa Clara County
cities to adopt more aggressive policies to deter residents from using any form of
tobacco—smoking, chewing, and vaping. By minimizing public spaces where tobacco is
permitted, cities can reduce and/or eliminate tobacco litter (e.g., vaping devices), curb
secondhand and third hand smoke, reduce usage among populations with the highest
rates, and shift social norms.
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In July 2020, Santa Clara County’s Public Health Department released its findings from
its Tobacco-free Communities report and shared it with the Parks and Recreation
Commission. Among the 15 cities within the County, all but three have banned tobacco
usage in parks. (Gilroy, Mountain View, and Los Altos Hills)
Following the Public Health Department’s presentation, the Commission motioned
unanimously to approve recommending an ordinance change to the city code—chapter
“19B.2.9 Parks. Smoking Pollution Control,”—that would ban designated smoking areas
at all city parks.
This is the first review of the proposed change in ordinance.
POLICY DISCUSSION
The City Council is asked to modify current Article 19B.2 “Parks” Smoking Pollution
Control. The current article states that smoking is not allowed in elevators; hospitals and
health care facilities; places of public assembly on places owned by the city; public
lobbies; museums, libraries, and galleries; and private property that has been
designated nonsmoking. Outdoor eating areas, however, can allow up to 50% of its
seating for smokers. Parks is the only other section mentioned in chapter 19B.2.9 where
smoking is not entirely banned. (Bold represents affected section.)
19B.2 Smoking prohibited.
Labor Code Section 6404.5 prohibits smoking in enclosed places of employment (as defined in
that code section) in the State of California. In addition, pursuant to Labor Code Section 6404.5,
local governments retain the right to adopt and implement stricter anti-smoking requirements than
are imposed pursuant to Labor Code Section 6404.5, including the right to regulate and prohibit
smoking in any area not defined as a place of employment or in which smoking is not regulated
pursuant to Labor Code Section 6404.5. This chapter is intended to supplement the provisions of
Labor Code Section 6404.5.
All places within the city shall be subject to the provisions of Labor Code Section 6404.5, as such
section may be amended or recodified from time to time. In addition, smoking is prohibited in all
of the following places within the city:
(1) Outdoor Eating Areas. Fifty (50) percent of outdoor eating areas for all restaurants, which
shall be reserved for nonsmokers.
(2) Elevators. Elevators in buildings generally open to and used by the public, including elevators
in apartment buildings, irrespective of the number of living units in such a partment buildings.
(3) Hospitals and Health Care Facilities. Every public and private health care facility including, but
not limited to, hospitals, clinics, and physicians and dentists offices, provided that smoking is
permitted in patient smoking areas of long-term health care facilities, as defined in Section 1418
of the Health and Safety Code.
(4) Places of Public Assembly. Hearing rooms or places of public assembly owned by the city or
in which the business of the city, or any of its boards or commissions, is conducted.
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(5) Public Lobbies, Public Hallways. Waiting rooms, lobbies and public hallways of every building
under direct or indirect control of the city.
(6) Museums, Libraries, Galleries. All museums, libraries and galleries.
(7) Designated Nonsmoking Areas. Any area of any business, governmental or charitable
establishment which has been designated by the owner or person in charge of such
establishment as a nonsmoking area and marked with a nonsmoking sign or signs. Exceptions
set forth later in this chapter shall not apply to this subsection.
(8) Public Restrooms. Public restrooms.
(9) Parks. Parks, as defined in section 19B.1, except for specific areas within parks that are
designated as permissible smoking areas. Permissible smoking areas within parks shall
be designated from time to time by resolution of the city council. Notwithstanding the
above, the city administrator may temporarily permit or prohibit smoking in designated
areas of parks during special public or private events. In such cases, the city administrator
shall require the event applicant to post paper signs indicating the temporary change in
park smoking rules in a form and at locations required by the city administrator. (Ord. No.
95-3, 1-23-95; Ord. 2012-09 § 2, 6-18-12)
The proposed change would be more succinct and make no exceptions.
(9) Parks. Park grounds and parking lot(s).
BACKGROUND
Following the presentation made by the County’s Public Health Department, the
Commission unanimously motioned at its regular monthly meeting in September 2020
to approve sending a memo recommending to Council to modify the current
ordinance—Chapter 19B.2.9 “Parks” Smoking Pollution Control—to reflect the City’s
commitment to ensuring healthy outdoor spaces. Except for the newest parks (i.e.,
Hecker Pass & Cydney Casper), all city parks currently have designated smoking areas.
On September 23, 2020, the chair of the Parks and Recreation Commission sent a
memo, “Request to Consider New Policy Regarding Tobacco Use at Gilroy City Parks,”
to all council members, in hopes the item would be added to a future council agenda.
On November 16, 2020, then Councilmember Blankley asked Council to add this item to
a future agenda, which was accepted.
ANALYSIS
Although this policy would strengthen the City’s commitment to enhance the public
health of its residents, there is concern about, if a need arose, for a lack of enforcement
of the policy. Parks maintenance staff can remind park users not to smoke in city parks,
but they do not have enforcement capabilities, thus enforcement would fall to the City’s
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police department, they most likely would not be able to respond to a complaint in a
timely manner.
This predicament is not unique to Gilroy. “Most smoke free parks enforcement and
compliance comes by way of education,” according to a County Public Health official
who specializes in tobacco-free awareness. Examples include ensuring adequate
signage is posted in areas where park visitors might be likely to smoke and messaging
(print and electronic) the entire community.
In Morgan Hill and Santa Clara, for example, the city does not have their police and/or
other city staff enforcing the ban. However, with signage notifying users of the ban,
violation of the policy has remained minimal. Campbell recently launched a Park
Ambassador program where a non-sworn city staff member was on site at its largest
park to enforce rules and policies. The focus was to educate, not enforce. According to
their city staff, the program was successful. In Milpitas, a volunteer youth group offered
to conduct a park clean-up and report any areas where higher than normal amount of
tobacco litter was collected or observed.
ALTERNATIVES
Should the Council choose not to recommend action, the current article, 19B.2.9 “Parks”
Smoking Pollution Control, will remain in place.
FISCAL IMPACT/FUNDING SOURCE
No fiscal impacts are associated with adoption of the proposed ordinance. The County
can support the City’s effort to ban smoking in parks by funding “no smoking” signage.
NEXT STEPS
If directed, staff will return with a proposed ordinance revision for Council to consider.
PUBLIC OUTREACH
None at this time.
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City of Gilroy
STAFF REPORT
Agenda Item Title: Introduction of Economic Development Incentives for the Business
Attraction and Expansion of Automotive Dealerships
Meeting Date: January 25, 2021
From: Jimmy Forbis, City Administrator
Department: Administration
Submitted By: Jimmy Forbis
Prepared By: Jimmy Forbis
Trevin Barber
Strategic Plan Goals
☐ Fiscal Stability
☐ Downtown
Revitalization
Economic
Development
☐ Neighborhood Services
☐ Enhanced Public
Safety
☐ Workforce Stability ☐ Public Engagement
RECOMMENDATION
Receive report and provide direction to staff.
EXECUTIVE SUMMARY
Vehicle sales are a large portion of the City of Gilroy’s sales tax revenue—providing
funds for many of our basic municipal services such as p olice, fire, and park
maintenance. Developing real estate for new vehicle sales requires a major investment
by the developer and the City. In order to lower the barriers to entry, many cities
collaborate with new dealerships to offer a term-based sales tax rebate. The City of
Gilroy is presented with a recommendation to introduce such an incentive policy.
BACKGROUND
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Over the course of 2018 and 2019 the City Council provided direction for staff to pursue
a variety of economic development related activities, update the economic incentive
policy, and, in a broader view, expressed an interest in expanding the City's overall
economic development role.
On July 1, 2019 the City Council amended the Economic Incentives Policy (the Policy)
to spur investment in the City of Gilroy and key commercial corridors, as identified in the
Place-Based Economic Development Strategy. Among other things, the updates
expanded the types of businesses that may apply for incentives, such as automotive
dealerships.
In early 2020 a global pandemic and various State Public Health and Executive Orders
fettered Gilroy’s growing economy. Since then, Gilroy has launched several initiatives to
aid small businesses during the pandemic, including the Small Business Relief
Program, the Outdoor Dining Furniture Program, and the Downtown Incentive
Improvement Program. While Gilroy is continuing to look at all areas of the local
economy to continue recovery efforts, on November 16, 2020, Council considered a
new incentive concept for increasing local vehicle sales during the regularly scheduled
City Council meeting. Council directed staff to return with a recommendation.
ANALYSIS
The City of Gilroy’s Auto Mall has many dealerships such as Nissan of Gilroy, Gilroy
Toyota, Gilroy Buick GMC, South County Chrysler Dodge Jeep Ram, South County
Hyundai of Gilroy, and Gilroy Chevrolet Cadillac (although the Ram Truck Center is not
currently open). There are also several RV dealers in Gilroy. Access and visibility
offered by U.S. Highway 101 combined with vacant and available land means that the
Gilroy Auto Mall is poised for expansion. However, developers of dealerships have
higher costs to develop and start-up than the average commercial site: (1) they require
large amounts land to store, display, and service their products, (2) they also have to
purchase inventory and trade-in stock, and then (3) there are also impact fees, the lack
of improved roads, and possible agricultural mitigation costs. Franchisees often also
bear the cost of corporate mandates to regularly upgrade facilities to match national
brand guidelines.
Offering an incentive provides a solution for the new and expanding dealerships to
offset some of the costs. This makes the decision to locate and expand in Gilroy
possible and provides financial benefit to both parties since new automobile dealerships
are economic engines that support and sustain municipal services. A partnership also
creates a business friendly environment, generating goodwill and inertia that opens the
door to new opportunities.
A widely-used mechanism for incentivizing new dealerships is a rebate on new sales tax
revenues generated. Using sales tax generated as a metric for incentive is preferred
because it is quantitative and offers an objective reference point that can determine if a
milestone is achieved. Rebates are typically capped relative to the capital costs and/or
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fees paid. An Auto Incentive Policy for the City of Gilroy would update the existing
Economic Incentive Policy (07-01-2019) with a new, more detailed section under
development impact fee offset, as follows:
Automotive Dealership Businesses: Automotive dealerships with new vehicle
sales that choose to locate or expand in the City of Gilroy may enter into a tax
sharing agreement with the City of Gilroy to receive a rebate of sales tax
generated from the dealership. The tax sharing agreement may not exceed the
amount of City fees, plus interest thereon due for any deferments, and costs of
site improvements — this is the maximum rebate amount. The maximum sales
tax sharing term would be ten years. In exchange for assistance, the dealer
would be required to operate an automobile dealership in Gilroy for twenty years.
In the event of default, the dealer would be required to reimburse the City.
Using National Auto Dealer Association standards and the average annual sales
a dealership of similar brand(s) in Northern California, the City Administrator will
evaluate a dealership’s ability to pay for land and development costs, and
establish a minimum baseline for expected sales and sales tax revenues. A
rebate of sales tax generated from the dealership can be offered on percentage
basis split above the determined baseline. The baseline and split may be
adjusted for each year of the agreement to offset costs in early years and
incentivize larger sales volumes in later years. If the dealer did not exceed the
baseline threshold for a year, it would not receive any payment for the year.
Example: The City would share 50% of the sales tax revenue collected above
$50,000 for the first year of operation based on total taxable sales of $5 million.
The City would share 35% of the sales tax revenue collected above $100,000 for
the second year of operations based on total taxable sales of $10 million. The
City would share 25% of the sale tax revenue collected above $200,000 for each
year thereafter based on total taxable sales of $20 million.
Per the existing Economic Incentive Policy (07-01-2019), any new applicant for an
incentive agreement may be required to submit a financial analysis with a scope that
may include, but is not limited to, the following:
Total taxable sales generated for the first four years
Proportion and amount of sales that will be new
Proportion and amount of sales generated by non-residents from outside of the
City of Gilroy
Distribution of new sales tax revenues to each affected taxing agency
Negative sales tax impacts to existing retailers and/or loss of jobs to similar
businesses
Other economic information as required by staff such as a market study or
feasibility study.
Also per the existing Economic Incentive Policy (07-01-2019) any new incentive
agreement would be inclusive of a clearly defined evaluation process, with defined
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measures and timelines, which would be outlined in the agreement for the purpose s of
consistency and transparency. The monitoring process would examine performance
standards relative to each economic development agreement and determine whether
the goals for each project are achieved within the defined timeframe.
It is important to note that Government Code Section 53084.5 prohibits incentive
agreements that result in a reduction in the amount of revenue that, absent the
agreement, would have been received by another local agency in which the subsidized
retailer continues to maintain a physical presence.
Further, the City’s incentive would also constitute the payment of public funds toward
the construction of the building(s), causing the design, installation and construction of
the building(s) to be a “public work,” as defined in Chapter 1 of Part 7 of Division 2 of
the California Labor Code, to which section 1771, relating to prevailing wages, applies.
Any new incentive agreement offered would contain a condition requiring the developer
to cause the work to be performed as a “public work,” unless otherwise provided by
state law.
ALTERNATIVES
Direct staff to stop work on developing an incentive policy for attracting new and
expanding automotive vehicle dealerships.
FISCAL IMPACT/FUNDING SOURCE
None.
Today’s item is a report only. If an automotive dealership incentive policy is adopted at
the next meeting, then the City Council will have the opportunity to review and approve
any future economic incentive agreement as they are developed.
NEXT STEPS
Council may direct staff to return at the next regularly scheduled Council meeting to
adopt the proposed amendments to the Economic Incentive Policy. If adopted, staff will
begin to represent the policy to attract new automotive dealerships. The City Council will
have the opportunity to review and approve any future automotive dealership economic
incentive agreement as they are developed.
PUBLIC OUTREACH
The staff report was posted for public inspection and review along with the City Council
Agenda according to normal operating procedures. Details about the recommendation
were provided in advance to the Chamber of Commerce to request their feedback and
point of view on the matter.
Should the policy be adopted at the next meeting, Staff will update the City’s website
with the new incentive policy and begin to represent it to new and expanding automotive
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dealerships.
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City of Gilroy
STAFF REPORT
Agenda Item Title: Appointment of Two City Council Members to the South County
Joint Recycled Water Advisory Committee
Meeting Date: January 25, 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
Appoint two Council Members that currently serve on the South County Regional
Wastewater Authority (SCRWA) Board to the South County Joint Recycled Water
Advisory Committee.
BACKGROUND
Valley Water has recently requested that the City of Gilroy appoint two sitting City
Councilmembers to the newly formed Joint Recycled Water Advisory Committee for
South Santa Clara County.
The committee will be comprised of two Councilmembers each from Gilroy and Morgan
Hill and expects to have its first meeting in February/March 2021. The primary focus of
the committee will be on the use of recycled water in South County.
Below is descriptive language from Valley Water:
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Valley Water is seeking that the City of Gilroy and the City of Morgan Hill appoint tw o City
Council Members to a Joint Recycled Water Advisory Committee. It is the intent of Valley
Water that the Joint Recycled Water Advisory Committee have its first meeting in February
or March of 2021.
Valley Water, the City of Gilroy, and the City of Morgan Hill have a long history partnering to
ensure the continued utilization of recycled water in South County and promote the
expansion of water reuse in the region. Since 1999, South County water reuse
collaboration has been anchored by a series of partnering agreements that have promoted
the development and construction of the South County Recycled Water System. However,
these agreements have not allowed participating members the opportunity to govern policy
direction on development and operation of recycled water in South County.
Valley Water has recognized that successful implementation of recycled and purified water
programs would rely upon partnership agreements between Valley Water and contributing
project partners. Furthermore, successful partnerships would be key to achieving Valley
Water’s goal for utilizing water reuse to provide at least 10% of total County water supply
demands. Subsequently, Valley Water has established joint water reuse advisory
committees with the elected officials representing the City of San Jose, City of Sunnyvale,
City of Palo Alto, and City of Mountain View. Valley Water has continued to pursue the
development of relationships and agreements with its project partners to support existing
recycled water systems and the implementation of recycled and purified water expansion
efforts.
Considering this information, Valley Water proposes the adoption of revised legal
agreements with the Cities of Gilroy and Morgan Hill (and possibly SCRWA) supporting a
strengthened partnership structure to advance recycled water production, distribution, and
wholesaling in South County. The suggested path would build upon the substantial history
of collaboration between the parties to finance water recycling infrastructure, and foster
future water reuse opportunities through application of an inter-governmental policy
advisory committee. In addition, the enactment of the proposed joint policy advisory
committee structure establishes consistent terms and conditions countywide for water reuse
policy development and implementation.
Recognizing these successful partnerships, Valley Water recommends a stakeholder
process to develop shared recommendations for an inter-governmental institutional
framework, and accompanying legal agreements, that address roles and responsibilities on
the continued operation, maintenance, and expansion of water reuse in South County. The
recommended approach would be comparable to the Recycled Water Integration
Agreement with the City of San Jose, and would include:
Goals and objectives to promote South County water reuse
Clearly defined roles and responsibilities for each agency
Creation and governance of Recycled Water Policy Advisory Committee
(PAC)
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Creation of Technical Working Group to support PAC activities
Annual submission of water reuse programs and financial commitments
Cost-sharing accords to promote water conservation, recycling, and supply
In conclusion, Valley Water proposes collaborative discussions on South County recycled
water governance, formation of a Joint Committee among the Cities and Valley Water, and
development of an integration agreement among members to promote water reuse in South
County.
As the functions of the committee closely align with the current roles and responsibilities
of the City’s members of the South County Regional Wastewater Authority (SCRWA), it
is recommended that two of the three representatives be appointed to the new
committee.
ALTERNATIVES
Council could decide to appoint non-councilmember representatives to the Committee.
FISCAL IMPACT/FUNDING SOURCE
None at this time.
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City of Gilroy
STAFF REPORT
Agenda Item Title: Review of Approaches and Tools in Addressing Commercial Blight
Meeting Date: January 25, 2021
From: Jimmy Forbis, City Administrator
Department: Community Development Department
Submitted By: Karen Garner
Prepared By: Karen Garner
Strategic Plan Goals
☐ Fiscal Stability
Downtown
Revitalization
Economic
Development
☐ Neighborhood Services
Enhanced Public
Safety
☐ Workforce Stability ☐ Public Engagement
RECOMMENDATION
Receive report and provide direction to staff.
EXECUTIVE SUMMARY
Having an effective set of tools is important to deal with blight and blight-like issues in a
city. We know that if blight issues are addressed in a timely manner, it helps to instill
pride in our City and discourages additional blight.
City staff use a variety of approaches and tools to address commercial blight in Gilroy.
The specific approach taken is based on the unique circumstances of the situation. It is
important to note that when dealing with blight issues, there is rarely one single
prescribed process to address a particular situation. Rather, a variety of factors are
considered before deciding on an approach including the specific violation that has
occurred, the severity of the matter, the responsiveness of the property or business
owner, and whether this is a repeat or recurring situation.
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Staff must also take into consideration the approach they believe will result in a quick
resolution without being too “heavy-handed”. The ultimate goal is to achieve a positive
outcome while also maintaining a positive relationship with the property or business
owner. Following is a discussion of the tools available and when they may be used.
BACKGROUND
Staff may use one or several tools available depending on the specific circumstances.
Education and outreach
Administrative Citations
Monetary Penalties
Abatement
Partner with other departments or organizations
Downtown façade grant and fee reduction programs
The use of administrative citations, monetary penalties and abatement are tools
provided through the City’s Code, specifically Chapters 6A and 5B.
Chapter 5B provides a definition of blighted commercial property and describes the
process necessary for declaring a property as “blighted”. However, many people use
the word “blight” to describe a wide variety of conditions, some of which may or may not
meet the threshold as defined in Chapter 5B. For properties that may not meet this
definition, there are other available tools. Even in situations where a building may meet
the definition in Chapter 5B, other tools are often better options for addressing blight or
“blight-like” conditions.
Addressing Blight or Blight-Like Conditions
Commercial buildings that may be considered blighted or have some other property
maintenance deficiencies, come to our attention in a variety of ways including
complaints received from residents or other business owners, staff observations while
conducting work in or around the property or prior city involvement with a property and
subsequent failure by the property owner to take proper action (i.e., fire damage that
isn’t repaired or unpermitted construction).
Blight complaints received by the City are generally forwarded to the Building and Code
Enforcement Division of the Community Development Department. Staff investigates
the complaint and determines what, if any violations have occurred.
Education and Outreach
This is our most commonly used tool. Anytime there is a reported blight issue, the first
step is to contact the property owner. This is usually done through a Courtesy Notice
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which is an attempt to educate a property or business owner about the code violation
that has occurred and what actions are needed to correct it.
Depending on the nature of the blight issue, staff may also need to do additional
research. For example, if a building appears to be vacant and in disrepair, staff will
check for active or inactive building permits. If the property is rented or leased to a
business, contact is also usually made with the business owner.
Property or business owners may be unaware they have a violation or the proper steps
necessary for rectifying the issue, while others may be aware, but are slow to take
action until contacted by City staff. For minor blight issues, education and outreach to
the property or business owner is often enough to take care of the problem.
Administrative Citations and Monetary Penalties
For any blight issue that is found to be a violation of the Gilroy Municipal Code, Chapter
6A provides a citation procedure for such violations. This is a very effective and often -
used tool that also provides flexibility. Any violation of the City code can be addressed
through the citation process. For blight issues, Chapter 6A provides two options, an
Administrative Citation process and an Administrative Order Process. The
Administrative Citation and Order processes are similar in many ways. Both provide
timeframes for recipients to correct the violation, may involve monetary penalties and
may involve a Hearing Officer.
The Administrative Citation process is more often used with smaller blight issues and in
situations when staff believes the recipient of the citation will likely be responsive.
Penalties, increased penalties for repeat violations and late payment charges may be
assessed per the schedule of penalties established by resolution by the City Council if
the issue is not addressed. This process also gives the recipient the ability to contest
the citation before a Hearing Officer if they do not feel their property is in violation of the
code as stated in the citation.
The Administrative Order process may be used in more complex or significant blight
cases or where property owners have been unresponsive to courtesy notices or other
outreach. In this process, staff issues a compliance order to correct the violation within
a certain time period. If full or partial compliance is not achieved within the time
specified, a hearing date with the Hearing Officer is set by staff.
For matters brought to a Hearing Officer through either process, the Hearing Officer
reviews information and evidence presented by both sides and may uphold, modify or
cancel the administrative citation or order. The Hearing Officer has flexibility in how
cases are handled and can include extending time for compliance, imposing
administrative penalties (per the schedule of penalties) reducing or rescinding late
payment penalties, requiring a recipient to return at later date or approving other
agreements to achieve compliance.
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In the recent case of the URM buildings, the Hearing Officer approved performance
agreements between the property owners and the City specifying milestones to achieve
full compliance. If milestones are not achieved, penalties will be assessed.
The City’s citation procedure and the options for administrative citations and orders has
been a very effective tool not only for combatting blight issues, but a variety of municipal
code violations. Use of a contract Hearing Officer over the past year has been
particularly effective. Previously, City staff acted as the Hearing Officer presenting
several challenges. The change to a contract Hearing Officer has improved the process
and has been well-received by staff and those with matters before the Hearing Officer.
Abatement
Gilroy Municipal Code Chapter 5B provides a regulatory process to declare property as
blighted and also lays out the necessary steps to abate the blight conditions. This
process includes multiple steps and specific noticing requirements including passing a
resolution declaring the property is a public nuisance, notifying the property owner, and
holding a hearing wherein Council considers the matter. After hearing the matter,
including any objections by the property owner, the Coun cil may choose to order
abatement of the blight conditions.
One of the advantages of using this process is that if the issue is not corrected, the City
can take action and abate the situation. The cost of abating the blighted property can
then be placed as a lien or a special assessment against the property. This process
often takes more than one council meeting to determine whether to pursue this action
and then follow the steps as outlined in Chapter 5B. This approach is usually used for
more extreme situations, like properties with extensive blight or dangerous conditions or
long-standing issues where other approaches have failed to achieve the desired results.
Chapter 5B is attached which includes the definition of a blighted commercial or
industrial property. Gilroy Municipal Code Chapter 5C is a separate section addressing
blight for residential properties which has a similar process, but is defined differently.
For dangerous buildings, Section 701.3 of the Uniform Building Code also provides a
process for the Chief Building Official to abate such a building, including repair or
demolition.
Partner with Other Departments or Organizations
In certain circumstances, staff may partner with or use the assistance of another
department, outside organization or other municipal agency to assist. For example, an
abandoned building with homeless living in it may necessitate outreach to the Police
Department, the Santa Clara County Department of Health and Human Services or
even local nonprofits to provide services to those living there.
If a building is determined to have hazardous materials, assistance may be needed from
Fire Prevention or Fire. Staff may also reach out to organizations like the Chamber of
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Commerce or the Gilroy Downtown Business Association if a business is a member of
one of those organizations or if they might be able to provide assistance in the matter.
Downtown Façade Grant and City Permit Fee Rebate Programs
These programs can be used to address certain type of blight conditions for propert ies
in the downtown commercial corridor area. City staff cannot require property owners to
use these tools, but they are a financial incentive that can be offered to property and
business owners. The Façade Grant Program helps fund minor façade improveme nts
such as awnings, paint and windows. The rebate program provides a 50% rebate up to
$2,500 for all City imposed engineering, planning, and building fees and could include
tenant improvements addressing blight conditions.
Use of either of the programs also requires that the recipient agree to provide for
ongoing maintenance of the property including, but not limited to, keeping the property
free from litter, graffiti, peeling paint, unkempt landscape, and other unsightly features
as determined by the City of Gilroy.
Other Tools
There are other tools that can be used to address blight in rare or extreme
circumstances.
Chapter 5B – Imminent Danger. Chapter 5B provides a process to address
blighted property that is considered an imminent danger. Any condition of
property blight which is reasonably believed to be imminently dangerous to the
life, limb, health or safety of the occupants of the property or to the public may be
summarily abated by the City Administrator. Actions that can be taken to abate
imminently dangerous conditions may include repair or removal of the condition
creating the danger and/or the restriction from use or occupancy of the property
on which the dangerous condition exists or any other abatement action
determined by the City Administrator to be necessary.
Criminal Proceedings. A criminal citation may be issued in certain situations and
typically after other remedies have been exhausted to address blight. An
example of when this might be used is a commercial building that is vacant,
unsecured and in a dangerous condition, creating an attractive nuisance. If, after
the City uses other tools to compel the property owner to correct the situation,
but the property owner is non-responsive, criminal proceedings may be
warranted.
Receivership. In some situations, receivership of a property may be used to
address blight. The court would appoint a receiver to manage the property on
behalf of the property owner. This option would typically apply in situations
where the property owner does not have the means or ability to properly manage
and maintain the property.
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Eminent Domain. Eminent domain can only be used if the City can demonstrate
need of a building or site for a particular public use or benefit. Furthermore, the
City is required to pay just compensation for the property, typically, fair market
value.
Common Challenges
Although the tools summarized above have clear processes in the Gilroy Municipal
Code, addressing blight cases is often challenging. Many blight cases have underlying
issues which can delay enforcement and resolution. Common issues include;
Unclear title/ownership. This may be due to a recent sale, ownership by an LLC,
Trust or other legal entity requiring research to determine decision-maker; recent
death of listed owner or owner that is incapable of making decisions for the
property (i.e., due to a severe illness).
Out of area owner. Out-of-state and out-of-country ownership, particularly if there
is no local property management of the site, can result in ownership that is
unaware of issues or feels less pressure to address problems.
No clearly defined decision-maker. Properties sometimes pass to a family trust
or are owned by an entity with equal partnership and/or no clearly-defined
decision-maker.
Cost of repairs exceeds owner’s ability to pay.
Scope of work necessary to address the blight issue exceed the owner’s
expectations. This can sometimes result in disagreements with City
requirements (i.e., requirement to submit plans from a licensed architect or
engineer or repair existing historical feature per City’s Historic Preservation
requirements). It may also extend the time to complete the work if there are
ongoing discussions between the City and applicant to determine an agreed
upon path forward.
Failure to meet deadlines or complete work. Property owners may show partial
progress by an agreed-upon deadline, but did not fully complete the work agreed
upon. For example, a building permit is applied for, approved and pulled to fix a
building in disrepair, but the work is not completed. It should be noted that
unless agreed upon or ordered otherwise, a building permit is valid for one year
from date of issuance and extensions can be granted by the Chief Building
Official.
Inadequate or insufficient work. Work completed to address the blight issue may
be insufficient or not up to code causing additional direction from the City and
time for completion.
City Resources
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The City has two full-time Code Enforcement officers. One Code Enforcement officer is
primarily focused on “on-street” activities, such as picking up trash and debris, following
up on complaints and documenting cases, checking on progress of active cases and
making in-person contact when necessary. A second Code Enforcement officer is
primarily focused on administrative functions such as preparing courtesy notices,
administrative citations and orders, researching ownership or history of cases and
mailing or filing required documents.
It is important to note that the responsibilities of the Code Enforcement officers extend
far beyond commercial blight cases. Code Enforcement officers enforce a wide variety
of state and municipal codes covering the prevention, investigation and enforcement of
violations of statutes or ordinances regulating public health, safety and welfare,
consumer protection, building standards and maintenance, land -use and business
activities. This includes both commercial and residential matters.
Other city staff provide support to code enforcement in interpreting applicable codes
and determining if a violation has occurred. For example, Planning and Building staff
provide expertise in interpreting zoning and building codes and assisting in determining
if a violation has occurred.
The City also has a contract Hearing Officer who is a key resource in the administrative
citation process, not only for blight issues, but a variety of others such as fireworks
citations.
Code Enforcement Activity
In 2020, the Code Enforcement Division logged 387 new cases. This number does not
reflect any ongoing or unresolved cases from previous years. Code Enforcement uses
various categories to classify cases, however a case could fall into more than one
category, in which case, staff selects one category. Of the 387 new cases, 26 cases
were categorized as blight issues. This would include both commercial and residential.
Staff estimates that around 5% of their time is spent on commercial blight cases.
Code Enforcement staff has also analyzed their caseload by those considered “life
safety” issues and receive higher priority. Some more severe blight issues would be
considered “life safety” issues. A few examples include; abandoned, vacant or
unsecured houses or structures that become an attractive nuisance; illegal or
substandard construction, renovation or conversions; and, unlawful storing or
accumulation of garbage, trash, debris or rodent harborages. Approximately 55% of the
cases handled by code enforcement are considered “life safety” issues. These cases
tend to take more time to address and resolve and likely represent an even greater
percentage of staff time.
CONCLUSION
Tracking and managing code compliance cases such as blight issues is very time-
intensive for staff. It requires excellent record-keeping and tracking of deadlines, good
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communication and outreach with property and business owners and a thorough
knowledge of city codes. In situations with a non -responsive property owner, the time
necessary to pursue the case increases greatly. Due to the volume of code
enforcement issues, staff must prioritize blight issues along with all other code
enforcement matters. Life and safety matters are top priority. Follow-up on blight
issues, particularly those that have some progress, even if the matter hasn’t been fully
resolved, may sometimes be a lower priority due to staff capacity.
The tools available to staff are quite adequate and provide flexibility in addressing the
wide variety of issues and situations encountered. With the addition of an experienced
contract Hearing Officer a year ago, the administrative citation process has greatly
improved and become a much more effective and relied upon means of dealing with
blight and other code violations. Recently, additional adjustments were made to
implement Covid safeguards when using the Hearing Officer which are now conducted
virtually or by phone. Staff anticipates increased use of the citation process and
improved follow-through of cases with these changes now in place.
The City of Gilroy is fortunate to have a very knowledgeable and dedi cated team of
code enforcement professionals to address blight issues. The Code Enforcement team
and all City staff involved in support of code enforcement understand the importance of
eliminating blight conditions and the positive effect clean, properly maintained and
attractive commercial buildings have on our City.
NEXT STEPS
Receive report and provide direction to staff.
Attachments:
1. Gilroy Muncipal Code Chapter 5B - Commercial-Industrial Blight
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Chapter 5B
BLIGHTED PROPERTY1
Sections:
ARTICLE I. IN GENERAL
5B.1 Purpose of chapter.
5B.2 Definition of blighted property.
5B.3 Property blight—Nuisance.
5B.4 General obligation.
5B.5 Enforcement responsibility—Delegation of authority.
5B.6 Property blight—Abatement required.
5B.7 Supervision of work.
5B.8 Work standard.
5B.9 Procedures of this ordinance—Cumulative.
5B.10 Penalties for violation.
5B.11 Joint or common ownership.
5B.12 Reserved.
ARTICLE II. SUMMARY ABATEMENT ACTIONS
5B.13 Summary abatement—Imminent danger.
5B.14 Summary abatement procedures; notice—Posting.
5B.15 Form of notice to destroy or remove imminently dangerous property blight.
5B.16 Restriction from use.
5B.17 Restriction from use or occupancy—Defined.
5B.18 Restriction from use or occupancy notice—Posted.
5B.19 Compliance with notice required.
ARTICLE III. ABATEMENT OF PROPERTY BLIGHT
5B.20 Resolution declaring nuisance; publication of notice of resolution.
5B.21 Form of notice to destroy or remove property blight.
5B.22 Hearing on notice to destroy or remove property blight.
5B.23 Abatement by city administrator upon order of council; prior abatement by
property owner.
5B.24 Accounting and reporting cost of abatement by city administrator.
5B.25 Assessment of abatement costs—Notice of hearing.
5B.26 Same—Hearing and confirmation.
5B.27 Same—Collection.
ARTICLE I. IN GENERAL
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5B.1 Purpose of chapter.
The purpose of this chapter is to promote the health, safety and general welfare of the public
by requiring a level of maintenance of private property which will protect the livability,
appearance and social and economic stability of the city and which also will protect the public
from the health and safety hazards and the impairment of property values which results from
the neglect and deterioration of property. It is not the purpose of this chapter to regulate artistic,
cultural or religious expression. (Ord. No. 96-18, § I, 10-7-96)
5B.2 Definition of blighted property.
Any property in an industrial or commercial zoning district or used as industrial or commercial
property on which there exists any one or more of the following conditions or activities is a
blighted property for the purposes of this chapter:
(a) Abandoned Building or Structure.
(1) A building or structure which is not being inhabited, occupied or used and which is
unsecured. For purposes of this chapter, a building or structure is unsecured when the
public can gain entry without the consent of the owner.
(2) A partially constructed, reconstructed or demolished building or structure upon which
work is abandoned. Work is deemed abandoned when there is no valid and current
building or demolition permit or when there has not been any substantial work on the
project for a period of six (6) months or more.
(b) Attractive Nuisance. Property which is in an unsecured state so as to potentially constitute
an attraction to children, a harbor for vagrants, criminals or other unauthorized persons, or so
as to enable persons to resort thereto for the purpose of committing a nuisance or unlawful act.
(c) A building or structure which is in a state of disrepair:
(1) Exterior wall and/or roof coverings which have become deteriorated and do not
provide adequate weather protections, resulting in termite infestation and/or dry rot.
(2) Broken or missing windows or doors which constitute a hazardous condition or a
potential attraction to trespassers.
(3) Building exteriors, walls, fences, signs, retaining walls, driveways, walkways,
sidewalks or other structures on the property which are broken, deteriorated, or
substantially defaced, to the extent that the disrepair is visible from any public right of way
or visually impacts neighboring public or private property or presents an endangerment to
public safety.
(4) Building exteriors, walls, fences, signs, retaining walls, driveways, walkways,
sidewalks or other structures on the property which have been repainted in such a
manner that the appearance may be further deteriorated or substantially defaced.
(d) Property Inadequately Maintained.
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(1) Overgrown, diseased, dead, or decayed trees, weeds or vegetation that:
a. Are likely to harbor rats, pigeons, vermin, and other nuisances; or
b. Substantially detract from the aesthetic and property values of neighboring
properties; or
c. Constitute a fire hazard or other condition that is dangerous to the public health,
safety, or welfare; or
(2) Solid waste, which includes “garbage,” “refuse” and “rubbish” as those terms are
defined in section 12.1 of this Code, and all “solid waste” as additionally may be defined in
this Code, constitutes blight and blighted property in the following situations:
a. The accumulation of solid waste is visible from a street or public right-of-way, is not
enclosed in a city-approved container, and is present for more than seventy-two (72)
consecutive hours; or
b. The accumulation of solid waste is being stored or disposed of in a manner that
would allow the material to be transported by wind or otherwise onto or upon any
public street, public right-of-way, or neighboring property, unless the method of
storage or disposal is specifically allowed by this Code.
(3) Any swimming pool, pond or other body of water which is abandoned, unattended,
unfiltered, or not otherwise maintained, resulting in the water becoming polluted. Polluted
water is defined for the purpose of this chapter, as water which contains organic growth,
including algae, remains of rubbish, refuse, debris, papers, and any other foreign matter
or materials, which, because of its nature or locations, constitutes an unhealthy or unsafe
condition. (Ord. No. 96-18, § I, 10-7-96; Ord. No. 2003-14, § I, 9-15-03)
5B.3 Property blight—Nuisance.
Any property which is blighted property is hereby declared and determined to be a public
nuisance. (Ord. No. 96-18, § I, 10-7-96)
5B.4 General obligation.
No person, firm or corporation whether as owner, agent or manager of the subject property, or
as lessee, sublessee, or occupant in possession of the property shall maintain any property in
a blighted condition or shall cause or permit the property to be blighted. No person, firm or
corporation shall take any action or allow any action to be taken in violation of any provision of
this chapter or order issued pursuant thereto. (Ord. No. 96-18, § I, 10-7-96)
5B.5 Enforcement responsibility—Delegation of authority.
The city administrator is charged with the responsibility for the enforcement of this chapter. All
city employees with enforcement responsibilities are authorized to make such inspections and
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take any actions on behalf of the city administrator as may be required to enforce the
provisions of this chapter. (Ord. No. 96-18, § I, 10-7-96)
5B.6 Property blight—Abatement required.
The person, firm or corporation whether as owner, agent or manager of the subject property, or
as lessee, sublessee, or occupant in possession of the property shall immediately cause the
property blight to be abated. Whenever the city administrator finds that a property is blighted,
the city administrator may require or take necessary abatement actions to cause the property
blight to be abated in accordance with the provisions of this chapter or other applicable
Municipal Code provisions. Temporary corrective measures may be required prior to the time
permanent abatement actions are instituted. The city administrator or other employees with
enforcement responsibilities may authorize a compliance schedule providing such schedule is
reasonable in its timetable of corrections and meets the intent of this chapter. Except as
provided in Article II of this chapter, persons required to make corrections to their property shall
be allowed at least thirty (30) calendar days to make such corrections. (Ord. No. 96-18, § I, 10-
7-96)
5B.7 Supervision of work.
Any abatement action performed by the city pursuant to this chapter shall be accomplished
under the supervision of the city administrator either:
(a) By city personnel; or
(b) By contract awarded by the city administrator or by the city council. (Ord. No. 96-18, § I, 10-
7-96)
5B.8 Work standard.
Whenever the city performs any abatement action pursuant to this chapter, the city shall not be
required to perform such abatement actions to the standard that the property, building or
structure complies with all applicable provisions of this Code. The city shall perform such
actions as are determined by the city administrator to be necessary to abate or remedy the
nuisance caused by such property, building or structure. Such limited abatement action by the
city does not relieve the property owner from any requirement to bring the property into
compliance with any applicable provisions of this Municipal Code. (Ord. No. 96-18, § I, 10-7-
96)
5B.9 Procedures of this ordinance—Cumulative.
(a) Procedures used and actions taken for the abatement of property blight are not limited by
this chapter. Procedures and actions under this chapter may be utilized in conjunction with or in
addition to any other procedure applicable to the regulation of buildings or structures or
property. This chapter shall not constitute a repeal of any other provision of this Municipal Code
except as expressly stated.
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(b) All property blight conditions which are required to be abated pursuant to this chapter shall
be subject to all provisions of the Gilroy Municipal Code including, but not limited to building
construction, repair or demolition and to all property improvement, zoning and fire code
provisions. (Ord. No. 96-18, § I, 10-7-96)
5B.10 Penalties for violation.
(a) Any person violating any of the provisions of this chapter shall be deemed guilty of an
infraction. Each day such violation is committed or permitted to continue shall constitute a
separate offense and shall be punishable as such hereunder.
(b) Any person violating any of the provisions of this chapter with reference to blighted property
as defined in section 5B.2(c) or (d) hereof more than three (3) times in any twelve (12) month
period in addition to abatement of the nuisance and the penalties described above shall be
required to enter into a continuing maintenance agreement with a qualified person to provide
continuing and immediate care to the property so as to avoid and abate conditions of blight,
and shall present to the city administrator proof of said agreement. (Ord. No. 96-18, § I, 10-7-
96)
5B.11 Joint or common ownership.
Whenever blighted property is jointly owned, owned as common property or is otherwise
subject to multiple ownership whether in fee or as an easement, the owners of the property
shall be jointly and severally liable for the nuisance. The city may apportion each owner’s
liability in reasonable proportion to each individual’s ownership interest in the subject property.
(Ord. No. 96-18, § I, 10-7-96)
5B.12 Reserved.
ARTICLE II. SUMMARY ABATEMENT ACTIONS
5B.13 Summary abatement—Imminent danger.
(a) Any condition of property blight which is reasonably believed to be imminently dangerous to
the life, limb, health or safety of the occupants of the property or to the public may be
summarily abated by the city administrator.
(b) Actions taken to abate imminently dangerous conditions may include, but are not limited to
repair or removal of the condition creating the danger and/or the restriction from use or
occupancy of the property on which the dangerous condition exists or any other abatement
action determined by the city administrator to be necessary. (Ord. No. 96-18, § I, 10-7-96)
5B.14 Summary abatement procedures; notice—Posting.
Whenever the city administrator reasonably believes property to be blighted and imminently
dangerous to life, limb, health, or safety, the city administrator shall declare the same to be a
public nuisance and give notice to the owners by posting a notice on the property stating
therein that unless a written objection is filed with the city clerk or such dangerous condition be
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abated within twenty-four (24) hours by the destruction or removal of such blighted condition,
the work of abating such imminently dangerous condition shall be done by the city and the
expense thereof assessed upon the lots and lands from which the blighted condition shall have
been destroyed or removed. If the dangerous condition persists and there is no written
objection timely filed with the city clerk within twenty-four (24) hours, the city administrator, city
employees, contracting agents or other representatives are expressly authorized to enter upon
private property to abate the dangerous condition. Costs for any summary abatement
performed by or on behalf of the city shall be accounted and reported to the city council by the
city administrator, assessed after public hearing, and collected pursuant to the provisions of
Article III. (Ord. No. 96-18, § I, 10-7-96)
5B.15 Form of notice to destroy or remove imminently dangerous property
blight.
The posted notice shall be substantially in the following form:
NOTICE TO DESTROY OR REMOVE DANGEROUS PROPERTY BLIGHT
NOTICE IS HEREBY GIVEN that on _________ the city administrator declared that property
located at ________________ is blighted property, as the same is defined in Part I, Sec. 5B.2 of
this Ordinance, constitutes a public nuisance, and that such nuisance is imminently dangerous to
life, limb, health, or safety and must be immediately abated.
NOTICE IS FURTHER GIVEN that the property owners of this property shall immediately destroy
or remove the dangerous condition caused by such property blight, or after 24 hours that
condition may be abated by the city authorities, in which case the costs of such abatement will be
assessed upon the lots and lands from which the dangerous condition shall have been destroyed
or removed; and such costs will constitute a lien upon such lots or lands until paid and will be
collected upon the next tax roll upon which general municipal taxes are collected. All persons
having any objection on the proposed destruction or removal of such dangerous condition, or
upon the assessment of such costs, are hereby directed to file such written objection with the city
clerk in the City Hall, 7351 Rosanna Street, City of Gilroy, by 5:00 p.m. on _________,
19________, or thereafter all such objections shall be deemed waived and the city administrator,
city employees, contracting agents or other representatives are authorized to enter upon this
property to abate the dangerous condition.
DATED: This _________ day of _________ 19________.
_________________________
City Administrator
(Ord. No. 96-18, § I, 10-7-96)
5B.16 Restriction from use.
If there exists on a blighted property any condition reasonably believed to be imminently
dangerous to life, limb, health, or safety should such property be occupied or used, the city
administrator may order the immediate restriction from use or occupancy of the blighted
property in addition to requiring other abatement actions to be taken. (Ord. No. 96-18, § I, 10-7-
96)
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5B.17 Restriction from use or occupancy—Defined.
For the purpose of this chapter, an order to “restrict from use or occupancy” includes either
total or partial restriction from use or occupancy of either all or some specified portion of a
building, structure or property. The methods which may be used for such restriction from use or
occupancy include, but are not limited to, the construction, erection, installation and
maintenance of such fencing, enclosures, barricades and/or other protective devices, used for
the purpose of closing, barring, boarding, locking and/or otherwise securing all means of
access to a property, building or structure as will effectively prevent entry into the building or
structure or onto the property by unauthorized persons and effectively prevent any use or
occupancy thereof. (Ord. No. 96-18, § I, 10-7-96)
5B.18 Restriction from use or occupancy notice—Posted.
Whenever any property, building, or structure is ordered restricted from use or occupancy, the
following notice shall be posted. Said notice may be posted at or upon each entrance or exit of
the property, building or structure in substantially the following form:
RESTRICTED
DO NOT ENTER
UNSAFE TO ENTER, USE OR OCCUPY
It is a misdemeanor to enter, use or occupy this building or premises, or to remove or deface this
notice.
City Administrator
City of Gilroy
(Ord. No. 96-18, § I, 10-7-96)
5B.19 Compliance with notice required.
Whenever any property, building, or structure is ordered restricted from use or occupancy and
the property is duly posted, no person shall remain in or on or enter the property, building or
structure, except that entry may be made to perform abatement actions under permit.
Whenever such abatement actions require any permits, such required permits shall be
obtained prior to the commencement of any such abatement actions. No person shall remove
or deface any such notice after it is posted until the required abatement actions have been
completed and inspected and approved by the city. (Ord. No. 96-18, § I, 10-7-96)
ARTICLE III. ABATEMENT OF PROPERTY BLIGHT
5B.20 Resolution declaring nuisance; publication of notice of resolution.
Whenever any property is determined by the city administrator to be blighted and it is further
determined that the condition is not imminently dangerous to life, limb, health, or safety, the city
council shall pass a resolution declaring the same to be a public nuisance and ordering the city
administrator to give notice of the passage of such and stating therein that, unless such
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nuisance be abated without delay by the destruction or removal of such blighted condition, the
work of abating such nuisance shall be done by the city authorities and the expense thereof
assessed upon the lots and lands from which the blighted condition shall have been destroyed
or removed. The city administrator shall provide notice of such resolution by certified mail with
return receipt requested addressed to the owner of the property at the address shown on the
last available equalized assessment roll for the property, or as otherwise known, and by posting
notice at or upon each entrance or exit of the property. The city clerk shall thereupon fix the
time and place for hearing any objections to the proposed destruction or removal of such
blighted property. (Ord. No. 96-18, § I, 10-7-96)
5B.21 Form of notice to destroy or remove property blight.
The notice shall be substantially in the following form:
NOTICE TO DESTROY OR REMOVE PROPERTY BLIGHT
NOTICE IS HEREBY GIVEN that on _________ pursuant to the provisions of
________________ of the Gilroy City Code, the Gilroy City Council passed a resolution declaring
that property located at ________________ is blighted property, as the same is defined in Part I,
Sec. 5B.2 of this Ordinance, constitutes a public nuisance, and that such nuisance must be
abated.
NOTICE IS FURTHER GIVEN that the property owners of this property shall without delay
destroy or remove the property blight, or such property blight shall be abated by the city
authorities, in which case the costs of such abatement will be assessed upon the lots and lands
from which blighted property shall have been destroyed or removed; and such costs will
constitute a lien upon such lots or lands until paid and will be collected upon the next tax roll upon
which general municipal taxes are collected. All persons having any comment on the proposed
destruction or removal of such property blight are hereby notified to attend a meeting of the
Council of said City of Gilroy to be held in the Council Chambers in the City Hall, 7351 Rosanna
Street, City of Gilroy, on _________, at _________ p.m., when and where their comments will be
heard and be given due consideration.
DATED: This _________ day of _________, 19________.
___________________________
City Administrator
(Ord. No. 96-18, § I, 10-7-96)
5B.22 Hearing on notice to destroy or remove property blight.
At the time stated in the notice, the council shall hear and consider any and all comments to
the proposed destruction or removal of such property blight and may continue the hearing from
time to time. The council, by motion or resolution, shall allow or overrule any and all objections,
if any, after which the council shall thereupon be deemed to have acquired jurisdiction to
proceed and perform the work of destruction or removal of such property blight. (Ord. No. 96-
18, § I, 10-7-96)
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5B.23 Abatement by city administrator upon order of council; prior abatement
by property owner.
The council shall by resolution order the city administrator to abate such nuisance, or cause
the same to be abated as may be determined by the city council; and the city administrator, city
employees, contracting agents or other representatives are hereby expressly authorized to
enter upon private property for such purposes. Any property owner shall have the right to abate
such nuisance or have the same destroyed or removed at his own expense; provided that such
nuisance shall have been completely abated prior to the arrival of the city administrator or his
authorized representatives to abate the nuisance. (Ord. No. 96-18, § I, 10-7-96)
5B.24 Accounting and reporting cost of abatement by city administrator.
The city administrator shall keep an account of the cost of abating such nuisance and embody
such account in a report and assessment list to the city council, which shall be filed with the
city clerk. Such report shall refer to each separate lot or parcel of land by description sufficient
to identify such lot or parcel, together with the expense proposed to be assessed against each
separate lot or parcel of land. (Ord. No. 96-18, § I, 10-7-96)
5B.25 Assessment of abatement costs—Notice of hearing.
The city clerk shall post copies of such report and assessment on the bulletin board in the
council chambers at the City Hall in the city; on the bulletin board in the lobby of the city clerk’s
office located at the City Hall in the city; and on the bulletin board near the entrance door of
each fire station in the city, together with a notice of the filing thereof and of the time and place
when and where it will be submitted to the city council for hearing and confirmation, notifying
property owners that they may appear at such time and place and object to any matter
contained therein. A like notice shall also be published twice in a newspaper of general
circulation, published and circulated within the city. The posting and first publication of such
notice shall be made and completed at least ten (10) days before the time such report shall
have been submitted to the city council. Such notice, as so posted and published, shall be
substantially in the following form:
NOTICE OF HEARING ON REPORT AND ASSESSMENT FOR PROPERTY BLIGHT
ABATEMENT
NOTICE IS HEREBY GIVEN that on _________ the City Administrator of the City of Gilroy filed
with the City Clerk of said City a report and assessment on the costs of abatement of blighted
property within said City, copies of which are posted on the bulletin board in the Council
Chambers at the City Hall located at __________________ Gilroy, California; on the bulletin
board in the lobby of the City Clerk’s Office located in the City Hall, Gilroy, California; and on the
bulletin board near the entrance door of each fire station in Gilroy, California.
NOTICE IS FURTHER GIVEN that on _________ at the hour of _________ p.m., in the Council
Chambers of said City Hall, said report and assessment list shall be presented to the City Council
of said City for consideration and confirmation. The confirmed costs of abating such nuisance
referred to in such report shall constitute special assessments against such respective lots or
parcels of land and shall constitute a lien on such property for the amount of such assessment
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until paid. Any and all persons interested, having any objections to said report and assessment
list, or to any matter or thing contained therein, may appear at said time and place and be heard.
DATED: _________, 19________.
__________________________
City Clerk, City of Gilroy
In addition to the posting and publication of such notice described above, the report and
assessment list, together with a notice of the filing thereof and of the time and place when and
where it will be submitted to the city council for hearing and confirmation, notifying property
owners that they may appear at such time and place and object to any matter contained
therein, shall be served on the property owner at least ten (10) days before the hearing by any
of the following methods:
(1) By personal service on the owner of such property; or
(2) By sending a copy of such notice by registered or certified mail return receipt requested,
addressed to the owner of the property at the address shown on the last available equalized
assessment roll for the property, or as otherwise known, and by posting notice at or upon each
entrance or exit of the property. (Ord. No. 96-18, § I, 10-7-96)
5B.26 Same—Hearing and confirmation.
At the time and place fixed for receiving and considering such report, the city council shall hear
the same together with any objections which may be raised by any of the property owners
liable to be assessed for the work of abating such nuisance; and the city administrator shall
attend such meeting with his record hereof; and upon such hearing, the council may make
such modifications in the proposed assessment there for as it may deem necessary, after
which such report and assessment all be confirmed by resolution.
The amount of the cost of abating such nuisance referred to in such report shall constitute
special assessments against such respective lots or parcels of land and after thus made and
confirmed shall constitute a lien on such property for the amount of such assessment until paid.
(Ord. No. 96-18, § I, 10-7-96)
5B.27 Same—Collection.
The director of administrative services shall cause the amount of the assessment to be entered
on the city assessment roll opposite the description of the particular property, and the amount
shall be collected together with all other taxes thereon upon the property. Thereafter, such
amounts shall be collected at the same time and in the same manner as general city taxes are
collected and shall be subject to the same penalties and interest and the same procedure and
sale in case of delinquency as provided for city taxes. All laws and ordinances applicable to the
levy, collection and enforcement of city taxes are hereby made applicable to such special
assessment.
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The property owner has the option, if he so desires, of paying the assessment directly to the
collector’s office before such entry on such assessment roll. (Ord. No. 96-18, § I, 10-7-96)
Cross references—Blighted residential property, Ch. 5C; Buildings, § 6.1 et seq.; graffiti
regulations, § 12.5.1 et seq.; industrial development authority, § 8A.41 et seq.
Mobile Version
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