HomeMy WebLinkAbout11/18/2019 City Council - Regular Meeting Packet
November 18, 2019 12:00 PM City Council Regular Meeting Agenda Page1 MAYOR
Roland Velasco
COUNCIL MEMBERS
Marie Blankley
Dion Bracco
Peter Leroe-Muñoz
Carol Marques
Fred Tovar
Cat Tucker
CITY COUNCIL
AGENDA
CITY OF GILROY
CITY COUNCIL CHAMBERS, CITY HALL
7351 ROSANNA STREET
GILROY, CA 95020
REGULAR MEETING 6:00 P.M.
MONDAY, NOVEMBER 18, 2019
CITY COUNCIL PACKET MATERIALS ARE AVAILABLE ONLINE AT www.cityofgilroy.org
AGENDA CLOSING TIME IS 5:00 P.M. THE TUESDAY PRIOR TO THE MEETING
COMMENTS BY THE PUBLIC WILL BE TAKEN ON AGENDA ITEMS BEFORE ACTION IS TAKEN BY
THE CITY COUNCIL. Persons wishing to address the Council are requested, but not required, to
complete a Speaker’s Card located at the entrances. Public testimony is subject to reasonable
regulations, including but not limited to time restrictions for each individual speaker. A minimum
of 12 copies of materials should be provided to the City Clerk for distribution to the Council and
Staff. Please limit your comments to 3 minutes.
In compliance with the Americans with Disabilities Act, the City will make reasonable
arrangements to ensure accessibility to this meeting. If you need special assistance to participate
in this meeting, please contact the City Clerk a minimum of 72 hours prior to the meeting at (408)
846-0204. A sound enhancement system is also available for use in the City Council Chambers.
If you challenge any planning or land use decision made at this meeting in court, you may be
limited to raising only those issues you or someone else raised at the public hearing held at this
meeting, or in written correspondence delivered to the City Council at , or prior to, the public
hearing. Please take notice that the time within which to seek judicial review of any final
administrative determination reached at this meeting is governed by Section 1094.6 of the
California Code of Civil Procedure.
A Closed Session may be called during this meeting pursuant to Government Code Section
54956.9 (d)(2) if a point has been reached where, in the opinion of the legislative body of the City
on the advice of its legal counsel, based on existing facts and circumstances , there is a
significant exposure to litigation against the City.
Materials related to an item on this agenda submitted to the City Council after distribution of the
agenda packet are available for public inspection with the agenda packet in the lobby of
Administration at City Hall, 7351 Rosanna Street during normal business hours. These materials
are also 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.
City Council Regular Meeting Agenda
11/18/2019 Page2 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. Certificate to Gilroy Elk's Lodge in Appreciation of Ongoing Financial
Contributions to Support Gilroy Recreation Programs
III. PRESENTATIONS TO THE COUNCIL
PUBLIC COMMENT BY MEMBERS OF THE PUBLIC ON ITEMS NOT ON THE
AGENDA BUT WITHIN THE SUBJECT MATTER JURISDICTION OF THE CITY
COUNCIL (This portion of the meeting is reserved for persons desiring to address the Council
on matters 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. Open Government Commission Annual Presentation to Council
City Council Regular Meeting Agenda
11/18/2019 Page3 IV. REPORTS OF COUNCIL MEMBERS
Council Member Bracco – Gilroy Downtown Business Association Board (alternate),
Gilroy Sister Cities Association (alternate), Santa Clara Co. Library JPA, SCVWD Joint
Council-SCRWA-Board Water Resources Committee, South County Joint Planning
Advisory Committee (alternate), South County Regional Wastewater Authority, So uth
County Youth Task Force Policy Team (alternate), Street Naming Committee
Council Member Tucker –CalTrain Policy Group, General Plan Advisory Committee,
Santa Clara Valley Habitat Agency Governing Board, Santa Clara Valley Habitat
Agency Implementation Board, Street Naming Committee, Visit Gilroy Board
Council Member Blankley - ABAG, Cities Association of Santa Clara Co. Board of
Directors (alternate), Economic Development Corporation Board, Gilroy Sister Cities
Association, Gilroy Youth Task Force (alternate), SCVWD Joint Council-SCRWA-Board
Water Resources Committee, South County Regional Wastewater Authority, VTA Board
of Directors Alternate, VTA Policy Advisory Committee, VTA South County City Group
Council Member Marques - Gilroy Downtown Business Association Board, Santa
Clara Valley Habitat Agency Governing Board (alternate), Santa Clara Valley Habitat
Agency Implementation Board (alternate), Silicon Valley Clean Energy JPA Board
(alternate), URM Task Force Sub-Committee, VTA Committee for Transit Accessibility
(alternate)
Council Member Tovar –Santa Clara Co. Expressway Plan 2040 Policy Advisory
Board, Santa Clara Co. Library JPA (alternate), Santa Clara Valley Habitat Agency
Governing Board, Santa Clara Valley Habitat Agency Implementation Board, SCVWD
Water Committee (alternate), Silicon Valley Clean Energy JPA Board, South County
Regional Wastewater Authority, South County United for Health, Street Naming
Committee, VTA Committee for Transit Accessibility, VTA Policy Advisory Committee
(alternate)
Council Member Leroe-Muñoz - ABAG (alternate), CalTrain Policy Group (alternate),
Gilroy Youth Task Force, Historic Heritage Committee, SCVWD Water Committee,
Silicon Valley Regional Interoperability Authority Board, South County Youth Task Force
Policy Team, VTA Mobility Partnership
Mayor Velasco - Cities Association of Santa Clara Co. Board of Directors, Economic
Development Corporation Board, General Plan Advisory Committee, Gilroy Gardens
Board of Directors, Historic Heritage Committee (alternate), South County Joint
Planning Advisory Committee, South County Regional Wastewater Authority (alternate),
URM Task Force Sub-Committee, VTA Mobility Partnership, VTA South County City
Group (alternate)
V. FUTURE COUNCIL INITIATED AGENDA ITEMS
VI. CONSENT CALENDAR (ROLL CALL VOTE)
All matters listed under the Consent Calendar are considered by the City Council to be routine
and will be enacted by one motion. There will be no separate discussion of these items unless a
request is made by a member of the Cit y Council or a member of the public. Any person desiring
to speak on any item on the consent calendar should ask to have that item removed from the
consent calendar prior to the time the Council votes to approve. If removed, the item will be
discussed in the order in which it appears.
City Council Regular Meeting Agenda
11/18/2019 Page4 A. Minutes of the November 4, 2019 Regular Meeting
B. Fiscal Year 2020 1st Quarter Budget Update
C. Adoption of an Ordinance Amending Sections 6.1, 6.6, and 6.7 of Chapter 6
of the Gilroy City Code and Adopting the Following Codes: 2019 California
Building Code (VOL 1 and 2), 2019 California Residential Code, 2019
California Electrical Code, 2019 California Mechanical Code, 2019 California
Plumbing Code, 2019 California Energy Code, 2019 California Historical
Building Code, 2019 California Existing Building Code with Appendices A1,
A2, A3, A4, and A5 of the 2018 International Existing Building Code, 2019
California Green Building Standards Code, and 2018 International Property
Maintenance Code with Appendix A (introduced 11/4/2019 with a 7-0 vote)
D. Adoption of an Ordinance of the City Council of the City of Gilroy Adopting
the 2018 International Fire Code and the 2019 California Fire Code,
California Code of Regulations Title 24, Part 9, Including Local
Amendments (introduced 11/4/2019 with a 7-0 vote)
E. Adoption of an Ordinance of the City Council of the City of Gilroy
Amending Gilroy City Code Section 10 A "Fireworks" Sections 10A.5 (a),
(b), (d) and (e), and Adding a New Section 10A.5 (f) (introduced 11/4/2019
with a 7-0 vote)
F. 2470 : Chapter 27 SB 998 Ordinance and Policy Adoption
G. Adoption of a Resolution of the City Council of the City of Gilroy
Acknowledging Receipt of a Report Made by the Fire Chief of the Gilroy
Fire Department Regarding the Inspection of Certain Occupancies
Requiring Annual Inspections in Such Occupancies Pursuant to Sections
13146.2 and 13146.3 of the California Health and Safety Code
VII. BIDS AND PROPOSALS - NONE
VIII. PUBLIC HEARINGS
A. Adoption of the 2040 General Plan Preferred Land Use Alternative for
Analysis in the General Plan Environmental Impact Report
1. Staff Report: Greg Larson, Interim Community Development Director
2. Disclosure of Ex-Parte Communications
3. Open Public Hearing
4. Close Public Hearing
5. Possible Action:
Adopt a resolution of the City Council of the City of Gilroy approving the General
Plan preferred land use alternative for analysis in the General Plan
environmental impact report.
IX. UNFINISHED BUSINESS
A. Consideration of a Proposal to Join the Santa Clara County Planning
Collaborative, as Recommended by the Cities Association of Santa Clara
County, to Potentially Share Resources and Transfer Housing Allocations
Among Participating Jurisdictions
City Council Regular Meeting Agenda
11/18/2019 Page5 1. Staff Report: Greg Larson, Interim Community Development Director
2. Public Comment
3. Possible Action:
Receive report and provide direction to staff regarding joining the proposed
Santa Clara County Planning Collaborative.
X. INTRODUCTION OF NEW BUSINESS
A. Presentation of the Community-Wide Polling Results #2 by EMC Research
to Measure Resident Satisfaction of City Services
1. Staff Report: Gabriel Gonzalez, City Administrator
2. Public Comment
3. Possible Action:
Receive report and provide direction to staff.
B. Report on the General Fund Unassigned Fund Balance
1. Staff Report: Jimmy Forbis, Finance Director
2. Public Comment
3. Possible Action:
Receive report and provide direction to staff.
C. A Resolution Establishing an IRS Section 115 Trust Fund, Designation of a
Plan Administrator, Approval of an Agreement with the Public Agency
Retirement Services (PARS) and Adoption of a Resolution to Amend the
Fiscal Year 2020 Budget by $2,000,000 to Fund the Trust
City Council Regular Meeting Agenda
11/18/2019 Page6 1. Staff Report: Jimmy Forbis, Finance Director
2. Public Comment
3. Possible Action:
a) Adopt a Resolution of the City Council of the City of Gilroy approving the
adoption of the PARS public agencies post-employment benefits trust
administered by Public Agency Retirement Services (PARS), and authorizing
the City Administrator or his/her designee as the City’s plan administrator for
the trust program.
b) Approve an agreement for administrative services between PARS and the
City of Gilroy to administer the trust, and authorize the City Administrator or
their designee to execute the agreement.
c) Adopt a Resolution of the City Council of the City of Gilroy amending the
Fiscal Year 2020 (FY20) adopted budget by approving a transfer of $1.8
million from the City's General Fund unassigned fund balance, $100,000 from
the W ater fund (fund 720) balance and $100,000 from the Sewer fund (fund
700) balance, into the Fringe Benefits fund (fund 699), and increase
appropriation in the Fringe Benefits fund by $2,000,000.
d) Provide direction to staff on an ongoing trust funding financial policy.
D. Approval of the Gilroy Neighborhood Traffic Management Program to
Support Citywide Traffic Calming
1. Staff Report: Gary Heap, City Engineer/Transportation Engineer
2. Public Comment
3. Possible Action:
Approve the City's neighborhood traffic management program.
XI. CITY ADMINISTRATOR'S REPORTS
A. Update on the Development Services Center Project
1. Staff Report: Girum Awoke, Public Works Director
2. Public Comment
3. Possible Action:
Receive report.
XII. CITY ATTORNEY'S REPORTS
XIII. CLOSED SESSION
A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to
Government Code Section 54956.8 and City Code Section 17A.8 (a) (2) Property:
5925 Monterey Frontage Road, APN 808-21-026 (Gilroy Sports Park); Negotiators:
Gabriel Gonzalez, City Administrator. Other Party to Negotiations: Jon Gustofson,
VP Sharks Sports & Entertainment, LLC; Negotiating Price and Terms
B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to
Government Code Section 54956.8 and Gilroy City Code Section 17A.8 (a) (2);
Property: 7665 Crews Road, Gilroy (Van Dyke Ranch); APN 841 -46-004;
Negotiators: Gabriel Gonzalez, City Administrator; Other Party to Negotiations:
City Council Regular Meeting Agenda
11/18/2019 Page7 Peter N. Van Dyke, Elizabeth A. Van Dyke, Kurt E. Van Dyke; and Eric Van Dyke;
Under Negotiations: Price and Terms of Payment
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 abstention 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
MEETING DATES
NOVEMBER, 2019
18* Regular Meeting - 6:00 p.m., City Council Chambers
25* Special Meeting/Study Session - 6:00 p.m., City Council Chambers
DECEMBER, 2019
2* Regular Meeting - 6:00 p.m., City Council Chambers
9* Special Meeting/Board & Commission Interviews - 6:00 p.m., City
Council Chambers
JANUARY, 2020
6* Regular Meeting - 6:00 p.m., City Council Chambers
27* Regular Meeting - 6:00 p.m., City Council Chambers
* meeting is webstreamed and televised
Certificate of Recognition
The City Council of the City of Gilroy
Issues to
Gilroy Elk's Lodge
this Certificate in Appreciation of Your Financial Contributions to Support
Gilroy Recreation Programs
_________________
Roland Velasco, Mayor
2.A.1
Packet Pg. 8 Communication: Certificate to Gilroy Elk's Lodge in Appreciation of Ongoing Financial Contributions to
City of Gilroy
STAFF REPORT
Agenda Item Title: Fiscal Year 2020 1st Quarter Budget Update
Meeting Date: November 18, 2019
From: Gabriel Gonzalez, City Administrator
Department: Finance Department
Submitted By: Jimmy Forbis
Prepared By: Jimmy Forbis
Irma Navarro
Strategic Plan Goals
Fiscal Stability
☐ Downtown
Revitalization
☐ Economic
Development
☐ Neighborhood Services
☐ Enhanced Public
Safety
☐ Workforce Stability ☐ Public Engagement
RECOMMENDATION
Receive report.
BACKGROUND
Each quarter, the Finance Department prepares and presents to Council an update on
the revenues and expenditures of the City’s fiscal year performance. The below report
identifies the revenues and expenditures for Fiscal Year 2020 (FY20), for the period
from July 1, 2019 through September 30, 2019.
It is important to note that the City’s internal service funds (IT, Fleet, Facilities, Fringe
Benefits, Worker’s Compensation and Liability Funds) are not provided in this report. As
these funds receive their revenue from charges to the other departments and funds in
6.B
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the City, it would essentially be double counting revenues and expenditures if they were
to be included in the calculations below.
Overall, the revenues of the City are showing below anticipated levels. This is due to the
lag between when the economic transaction occurs and when the City’s revenues are
actually received. This is typical in the first quarter of each fiscal year and is no
indication that the City will not receive its expected revenues as were budgeted. Overall
expenditures are trending close to the budget target for this quarter.
ANALYSIS
FY20 1st Quarter Revenue
General Fund
The current budget for FY20 identified General Fund revenue totaling $55.6 million. As
of September 30, 2019, $5.5 million in revenue was received, approximately 9.9% of the
annual amount budgeted. As discussed above, this is mainly due to the lag in receiving
Property, Sales, and Transient Occupancy Taxes, as can be seen below (Figure 1).
Figure 1: FY20 General Fund Revenues through September 30, 2019
General Fund Revenues
By Type
Amended
Budget
1st Quarter
Total Percentage
Property Tax 14,977,689$ 89,099$ 0.59%
Sales Tax 20,558,684$ 1,571,980$ 7.65%
Utility Users Tax 4,643,909$ 888,136$ 19.12%
Transient Occupancy Tax 1,898,986$ 6,169$ 0.32%
Business License 710,435$ 381,487$ 53.70%
Other General Fund 12,855,741$ 2,554,226$ 19.87%
Total 55,645,444$ 5,491,097$ 9.87%
Property Tax
The City’s property tax revenues are received in various intervals from Santa
Clara County, and are not distributed in even amounts. As of the end of the
reporting period, less than 1% of the annual amount was collected.
Disbursements were received after the reporting period and will be included in
future quarterly reports.
Sales Tax
The City receives its sales tax revenue approximately two months after funds are
collected by the California Department of Tax and Fee Administration (formerly
the State Board of Equalization). This collection amount represents only the first
month’s distribution, bringing in nearly 8% of the total annual sales tax revenue.
Utility Users Tax (UUT)
6.B
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The City’s UUT revenues are received one month after the revenues are earned,
as such only two months are reflected in the current quarter. Current revenues
are on trend for this period of the fiscal year. These revenues are levied as a
percentage of gas, electricity, cable, and phone and telecommunication charges.
Transient Occupancy Tax (TOT)
The City’s TOT revenue comes from a 9% tax on hotel room rentals under 30
days, as well as from some of the RV parks in the City. The hotels make their
payment within one month after their quarter ends, thus the only revenue
received as of the close of the 1st quarter is a small late fee.
Business License
As of the 1st quarter, business license revenue has reached 53.7% of total
revenues projected. The cause for this revenue level is tied to annual payments
for business licenses that span across two fiscal years. Business license
applicants are charged for a full year. Depending upon the timing of the business
license application, the business license may cross over two different City fiscal
years. When this happens, revenue staff apportions the amounts to each fiscal
year, depending upon where the split between fiscal years lands in their annual
billing amount.
Other General Fund
These revenues are comprised mostly of service charges and other smaller
revenue sources. This aggregate revenue category has received 19.9% of its
revenues budgeted for the year.
Non-General Fund
For the non-General Fund revenues, below is a table identifying revenues received for
FY19, as well as a discussion of each category.
Figure 2: FY20 Non-General Fund Revenue through September 30, 2019
Non-General Fund
Revenues by Type
Amended
Budget
1st Quarter
Total
Percentage
Water Fund 13,840,949$ 3,181,638$ 22.99%
Sewer Fund 14,214,658$ 2,490,540$ 17.52%
Recreation 3,835,082$ 1,180,589$ 30.78%
Gas Tax 1,208,683$ 194,293$ 16.07%
Development/Impact Fees 20,032,049$ 2,971,128$ 14.83%
All Other Special Revenues 13,947,500$ 1,603,773$ 11.50%
Total 67,078,921$ 11,621,962$ 17.33%
Water Fund
6.B
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The City’s Water Fund includes revenues for two of the three months in the
current quarter and is performing slightly above the budget targets for this
reporting period.
Sewer Fund
Similar to the Water Fund, only two of the three months in the quarter have been
collected. The Sewer Fund is generating revenues consistent with its
performance trend for this reporting period. Sewer Fund revenue is based on
fixed rates, which allows for more certainty in estimating revenues for budget
purposes than the Water Fund, which has a usage driven component to the rates
charged.
Recreation
Recreation has received 30.8% of the revenue for the fiscal year. The revenue is
acquired from charges for services (cost recovery) related to recreation
programs, transfers from the General Fund, and some grant funding. The
services provided by Recreation are seasonal, and therefore so are their
revenues.
Gas Tax
Gas tax revenue received is 16.1% of the annual projected total at the end of the
reporting period. Gas tax is based on gasoline purchases made state-wide, and
allocated to communities through formulas developed by the State.
Development/Impact Fees
Development and Impact Fees are 14.8% of annual budget estimates. These
revenues are collected as a result of new development approval and the required
contributions to development impact funds to offset infrastructure impacts and
needed infrastructure service expansions.
All Other Special Revenue
All remaining special revenue funds, as an aggregate, are at 11.5% of the target
for this reporting period. The specific funds that comprise this aggregate are at
varying levels of revenues above and below budgeted levels.
FY20 1st Quarter Expenditures
General Fund
Overall, the General Fund expenditures are on target for this quarter. Figure 3 identifies
each department’s use of General Fund resources. Every department is near its target
for the quarter. Police and Fire expenditures are slightly elevated due to the Garlic
Festival incident.
Figure 3: FY20 General Fund Expenditures through September 30, 2019
6.B
Packet Pg. 12
General Fund
Expenditures By
Department
Amended
Budget
1st Quarter
Total Percentage
Administration 8,883,006$ 2,198,144$ 24.75%
Finance 753,411$ 162,606$ 21.58%
Human Resources 1,335,018$ 275,443$ 20.63%
Police 23,935,802$ 6,462,370$ 27.00%
Fire 11,859,278$ 3,274,685$ 27.61%
Public Works 5,524,789$ 921,910$ 16.69%
Community Development 5,240,656$ 1,188,667$ 22.68%
Total 57,531,960$ 14,483,824$ 25.18%
Non-General Fund
Overall, planned expenditures of funding sources aside from the General Fund are near
or below their quarter target. Below is Figure 4 which identifies the other funding by
select categories. Following the table is a brief description of the fund performance.
Figure 4: FY20 Non-General Fund Expenditures through September 30, 2019
Non-General Fund
Expenditures by Type
Amended
Budget
1st Quarter
Total
Percent
Difference
Water Fund 12,792,570$ 1,708,623$ 13.36%
Sewer Fund 16,331,139$ 5,130,039$ 31.41%
Recreation 3,835,085$ 900,634$ 23.48%
Gas Tax 1,811,147$ 107,929$ 5.96%
Development/Impact Fees 15,890,548$ 1,417,311$ 8.92%
All Other Special Revenues 12,269,954$ 1,817,904$ 14.82%
Total 62,930,443$ 11,082,440$ 17.61%
Water Fund
The City’s Water Fund has expended 13.4% of its annual budget this quarter,
below target level. A few projects and large fees have not begun or are just
starting to charge against the Fund in the reporting period.
Sewer Fund
This fund has expended 31.4% of its annual budget this qu arter, slightly above
target level. This is due to a $2.2 million debt service payment which is the
annual total for that appropriation. This has skewed the expenditures to be dis -
proportionately larger in the first quarter, and the expenditures are antici pated to
level out in comparison with quarterly targets as the fiscal year progresses.
Recreation
6.B
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Recreation is spending slightly below the target for the quarter, at 23.5% of the
annual appropriation for the year. The work of the department is seasonal, and
expenditures are typically not consistent in amounts across quarters.
Gas Tax
Gas tax expenditures are significantly below targeted levels, only expending 6%
of the annual appropriations this quarter. Many of the projects and contracts in
the budget have yet to be billed against.
Development/Impact Fees
Development and Impact Fees expended a total 8.9% of the annual amount. The
below target spending is a result of low utilization of contract services,
improvement projects, and reimbursement line items within the quarter.
All Other Special Revenue
All remaining special revenue funds, as an aggregate, are trending below target
levels.
CONCLUSION
Overall, Citywide revenues as of the end of the 1st quarter were 13.9% of the annual
budgeted levels, while expenditures were 21.2% of the annual budgeted level. For the
General Fund, revenues are at 9.9% and expenditures at 25.2%. However, as
expressed previously, several of the General Fund’s revenue sources lag between
receipt and report period hard cutoff timeframes. In summary, the City’s revenue and
expenditure activities are healthy. A further analysis of the mid -year totals will be
presented to Council in March.
6.B
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City of Gilroy
STAFF REPORT
Agenda Item Title: Adoption of an Ordinance Amending Sections 6.1, 6.6, and 6.7 of
Chapter 6 of the Gilroy City Code and Adopting the Following
Codes: 2019 California Building Code (VOL 1 and 2), 2019
California Residential Code, 2019 California Electrical Code, 2019
California Mechanical Code, 2019 California Plumbing Code, 2019
California Energy Code, 2019 California Historical Building Code,
2019 California Existing Building Code with Appendices A1, A2, A3,
A4, and A5 of the 2018 International Existing Building Code, 2019
California Green Building Standards Code, and 2018 International
Property Maintenance Code with Appendix A (introduced 11/4/2019
with a 7-0 vote)
Meeting Date: November 18, 2019
From: Gabriel Gonzalez, City Administrator
Department: Community Development Department
Submitted By: Greg Larson
Prepared By: Greg Larson
Hipolito Olmos
Strategic Plan Goals
☐ Fiscal Stability
☐ Downtown
Revitalization
☐ Economic
Development
☐ Neighborhood Services
Enhanced Public
Safety
☐ Workforce Stability ☐ Public Engagement
RECOMMENDATION
Adopt an ordinance of the City Council of the City of Gilroy to amend and adopt
the 2019 California Building, Residential, Electrical, Mechanical, Plumbing,
Energy, Historical Building, Existing Building, and Green Building Standards; and
6.C
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the 2018 International Existing Building Code Appendixes A1, A2, A3, A4, and
A5; and the 2018 International Property Maintenance Code with Appendix A.
EXECUTIVE SUMMARY
Every three years, the International Building Codes (model codes) are updated,
revised, and published. Corresponding to the publishing of these model codes, the
California Building Standards Commission amends and adopts the model codes as the
California Building and Fire Codes. The State amendments only address specific
sections of the International Codes; therefore the City amends and adopts the
International Code as well as the State Codes.
The City Council introduced the ordinance amending the City Building Code at its
November 4, 2019 meeting with a 7-0 vote, and is now being asked to adopt the
ordinance. The new code will go into effect January 1, 2020.
BACKGROUND
The California Health and Safety Code allows cities and counties to adopt local
amendments to the triennial editions of the California Building Standards Code before
the January 1, 2020 state wide effective date. Amendments may be administrative, such
as adopting the City’s Master Fee Schedule, or non-administrative, such as adopting
special design standards for seismically active zones. Non-administrative amendments
must be no less restrictive than statewide regulations and must be supported by a
resolution of findings based on local climatic, topographic and/or geologic conditions.
The amending Ordinance and Resolution of findings must be adopted by the City
Council and received by the State Building Standards Commission in Sacramento
before the January 1, 2020 deadline. The attached ordinance provides the justification
for the local amendments based on these criteria.
Many of the proposed amendments are from an amendment package recommended by
the Tri-Chapter Uniform Code Committee (TUCC) to help ensure consistent code
adoptions and administration among local cities and counties in the Central Coast,
South Bay, Peninsula, and East Bay areas. The City of Gilroy Building Official and Fire
Marshal reviewed the amendments and incorporated that language into the proposed
ordinance if found to be consistent with existing Gilroy policies, standards, and needs.
Many of these amendments are part of the current Gilroy Building and Safety Code,
such as those concerning gypsum board (sheetrock) and stucco as seismic resisting
elements. When a City standard already exists, the code was amended to be consistent
with the City standard.
To maintain the City's prior code amendments and make amendments to the new
codes, it is important that the City amends and adopts the State and International
Codes by January 1, 2020. The language in the attached ordinance provi des for the
adoption of the 2018 edition of the International Building, Residential, Plumbing,
6.C
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Mechanical, Energy, Historic Buildings, Green Building, & Existing Building Codes with
Appendixes A1, A2, A3, A4, and A5; the 2017 edition of the National Electrical Code;
and the 2018 International Property Maintenance Code with Appendix A. This includes
the 2019 State of California model code adoptions to these same codes as well as the
recommended local amendments. Together, it all becomes the City of Gilroy Building
Codes.
ANALYSIS
The local amendments meet three basic needs:
1. They establish administrative regulations pertaining to the performance of plan
checks, the issuance of permits, the extension of permits, the assessment of
permit fees, and other administrative standards and procedures.
2. They provide requirements that are specific to the needs of the City of Gilroy
based on climatic, geological, and/or topographical reasoning.
3. They provide consistent local requirements that were recommended by the local
building official code committees, such as the TUCC and the Tri Chapters of the
International Code Council.
ALTERNATIVES
Every three years, the International Building and Fire Codes (Model Codes) are
updated, revised and published. Failing to adopt an ordinance by January 1, 2020 limits
the City to only the code sections mandated by the State.
FISCAL IMPACT/FUNDING SOURCE
There are no fiscal impacts associated with this proposal. This is an administrative
action mandated by State law. The building plan check and inspection program is fully
funded by plan check and inspection fees. The proposed amendments do not affect that
funding.
CONCLUSION
The adoption of these building code amendments provides for an increased level of
safety and protection for Gilroy residents and businesses.
Attachments:
Exhibit A: GILROY BUILDING CODE ADOPTION ORDINANCE 2019.
Attachments:
1. 2019 Building Code Adoption Ordinance
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ORDINANCE NO. 2019 XX
ORDINANCE NO. 2019 - ____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GILROY ADOPTING THE FOLLOWING CODES: 2019
CALIFORNIA BUILDING (VOL 1 AND 2), CALIFORNIA
RESIDENTIAL CODE, CALIFORNIA ELECTRICAL CODE,
CALIFORNIA MECHANICAL CODE, CALIFORNIA PLUMBING
CODE, CALIFORNIA ENERGY CODE, CALIFORNIA
HISTORICAL BUILDING CODE, CALIFORNIA GREEN
BUILDING STANDARDS CODE, CALIFORNIA EXISTING
BUILDING CODE WITH APPENDICES A1, A2, A3, A4, AND A5
OF 2018 INTERNATIONAL EXISTING BUILDING CODE, AND
2018 INTERNATIONAL PROPERTY MAINTENANCE CODE
WITH APPENDIX A; AND AMENDING SECTION 6.1 OF
CHAPTER 6 OF THE GILROY CITY CODE.
WHEREAS, Section 6.1 of the Gilroy City Code provides that the latest
edition of the uniform construction codes shall be submitted to the City Council
for adoption subject to local changes and modifications; and
WHEREAS, Health and Safety Code Section 17922 requires that the
State adopt building standards and rules and regulations (“State Building
Standards Code”) and that such State Building Standards Code impose
substantially the same requirements as are contained in the most recent editions
of specified uniform industry codes; and
WHEREAS, Health and Safety Code Section 17958 allows the City
Council to adopt ordinances or regulations which impose the same requirements
as the State Building Standards Code or make changes or modifications to the
State Building Standards Code upon express findings that that such
modifications or changes are reasonably necessary because of local climatic,
geological, or topographical conditions; the provisions published in the California
Building Standards Code and other promulgated regulations shall be applicable
to the city and shall become effective January 1, 2020; and
WHEREAS, the Building Standards, along with any changes or
modifications made by the City Council, become effective 180 days after
publication by the California Building Standards Commissions; and
WHEREAS, the City Council desires to adopt the 2019 State Building
Standards Code, including the California Building Code, the California Electrical
Code, the California Mechanical Code, the California Plumbing Code, the
California Energy Code, California Historical Building Code, California Existing
Building Code and the California Green Building Standards Code as pu blished by
the California Building Standards Commission, along with changes and
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ORDINANCE NO. 2019 XX
modifications reasonably necessary because of local climatic, geological, or
topographical conditions, based on findings set forth in this ordinance; and
WHEREAS, California has adopted these Codes, except for the 2018
International Property Maintenance Code with Appendix A, as the California
Building Standards Code; and
WHEREAS, the Santa Clara County, which includes this City, is within a
very active seismic area and local soil conditions can be highly expansive and
are prone to shrink and swell during seasonal drying and wetting; and
WHEREAS, portions of the City are in hillside areas that are hazardous
fire areas that have only limited fire suppression forces and facilities available for
the protection of life and property; and
WHEREAS, fire protection and suppression services for multi -family
dwellings and other buildings of three stories or more than thirty feet in height are
limited and therefore require supplemental fire suppression services such as
automated fire sprinkler systems; and
WHEREAS, the City has local climatic considerations including
temperatures ranging from below freezing to over one hundred degrees, local
geological considerations including the presence of seismic activity and
expansive clay soils, and local topographical considerations including extensive
hillside construction that is prone to erosion; and
WHEREAS, the City has participated in a County-wide effort over many
months to make uniform amendments to the California Building Standards Code
throughout the cities in the county that share similar local climatic, geological and
topographical considerations; and
WHEREAS, City staff recommends that some local amendments to the
various building codes are necessary as are set forth herein; and
WHEREAS, a duly noticed public hearing was held prior to the adoption of
these codes by the City Council on November 4, 2019; and
WHEREAS, this Ordinance is exempt from the requirements of the
California Environmental Quality Act of 1970 (“CEQA”), as amended, because it
does not involve an activity that may cause either a direct physical change in the
environment or a reasonably foreseeable indirect physical change in the
environment; and
WHEREAS, the City Council has reviewed all of the written materials and
considered all of the oral testimony presented to it on this matter.
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ORDINANCE NO. 2019 XX
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION I
This Ordinance shall be known and cited as the Gilroy Building and Safety Code.
SECTION II
The following Codes are hereby adopted by reference for the City of Gilroy:
1. The California Building Code, 2019 Edition, which is the 2018 International
Building Code, with California amendments and the following appendix
chapters: Chapter C, Chapter F, Chapter G, Chapter I and Chapter J are
adopted with modifications and changes recommended by the City of
Gilroy Chief Building Official (“Building Official”) as set forth in Section IV
of this Ordinance;
2. The California Residential Code, 2019 Edition, which is the 2018
International Residential Code with California amendments and the
following appendix chapters: Chapter H and K is adopted with
modifications and changes recommended by the Building Official as set
forth in Section V of this Ordinance;
3. The California Electrical Code, 2019 Edition, which is the 2017 National
Electrical Code with California amendments is adopted with no
modifications and changes recommended by the Building Official.
4. The California Mechanical Code, 2019 Edition, which is the 2018 Uniform
Mechanical Code with California amendments and the following appendix
chapters: Chapter A, B, C, and D, is adopted with modifications and
changes recommended by the Building Official as set forth in Section V I of
this Ordinance;
5. The California Plumbing Code, 2019 Edition, which is the 2018 Uniform
Plumbing Code with California amendments and only Appendix A,
Appendix B, Appendix D, Appendix I, and Appendix K are adopted with
modifications and changes recommended by the Building Official as set
forth in Section VII of this Ordinance;
6. The California Green Building Standards Code, 2019 Edition, is adopted
with no modifications or changes as recommended by the Building Official;
7. The California Energy Code, 2019 Edition, is adopted with no
modifications or changes as recommended by the Building Official;
8. The California Historical Building Code, 2019 Edition, published by the
International Code Council is adopted with no modifications or changes as
recommended by the Building Official;
9. The California Existing Building Code, 2019 Edition and its appendices
and the following appendix, A2, A4, and A5 of the 2018 International
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ORDINANCE NO. 2019 XX
Existing Building Code is adopted with no modifications or changes as
recommended by the Building Official;
10. The International Property Maintenance Code, 2018 Edition and Appendix
A is adopted with modification and changes as recommended by the
Building Official as set forth in Section VIII of this Ordinance.
SECTION III
Pursuant to California Health and Safety Code § 17958.7, the City Council of the
City of Gilroy finds that each of the modifications or changes to the
aforementioned Codes are reasonably necessary because of local climatic,
geological or topographical conditions. Specifically, the City Council finds:
1. Many of the modifications or changes are reasonably necessary because
of the following climatic conditions.
(a) The region is within a climate zone that requires compliance with
energy efficiency standards for building construction . The
amendment adds design flexibility that will add to energy efficiency
in construction while maintaining nationally recognized health and
safety standards. This reason is hereinafter referred to as
“Climatic I.”
(b) The region is within a national climate zone that is designated
“Very High” on the Termite Infestation Probability Map. This
reason is hereinafter referred to as “Climatic II.”
2. Many of the modifications or changes are reasonably necessary because
of the following geological reasons.
(a) The region is located in an area of high seismic activities as
indicated by United States Geological Survey and California
Division of Mines and Geology. Recent earthquake activities have
indicated the lack of adequate design and detailing as a
contributing factor to damages that reduced the protection of the
life-safety of building occupants. This reason is hereinafter referred
to as “Geological I.”
(b) The region is located in an area of high seismic activities as
indicated by United States Geological Survey and California
Division of Mines and Geology. Recent earthquake activities have
indicated the lack of flexibility of materials and/or building systems
has been a contributing factor to damages that reduced the
protection of the life-safety of building occupants and increased the
cost of rehabilitation of structures. This reason is hereinafter
referred to as “Geological II.”
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3. Many of the modifications or changes are reasonably necessary because of
the following Topographical conditions.
(a) Portions of the City are in hillside areas that are hazardous fire
areas that have only limited fire suppression forces and facilities
available for the protection of life and property. This reason is
hereinafter referred to as “Topographical I”
(b) Portions of the City are in hillside areas with extensive hillside
construction that is prone to erosion. This reason is hereinafter
referred to as “Topographical II”.
4. Many of the modifications or changes are reasonably necessary because
of other climatic, geological or topographical conditions, and these
climatic, geological or topographical conditions are described immediately
following individual modifications or changes adopted pursuant to this
Ordinance.
Such code shall include those sections requiring enforcement by the City of
Gilroy Building Department, and, as further amended by the City of Gilroy,
provisions intended to address local climatic, geologic, and topographic
conditions as permitted by state law. Adoption of said code shall include the
adoption of Appendices B, J, including Division II Scope and Administration,
contained in the 2019 California Building Code.
Such code shall be and become the City of Gilroy Building Code regulating the
erection, construction, alteration, repair, relocation, demolition, occupancy, use,
height, area, and maintenance of all buildings and structures and certain
equipment therein specifically regulated. The provisions of said code shall
provide for the issuance of permits and certificates of occupancy, the collection of
fees thereof, and penalties for violation of such code.
At least one copy of the City of Gilroy Building Code has been deposited in the
office of the city building official and is available for public inspection.
A copy of these findings, together with the modification or change expressly
marked and identified to which each finding refers, shall be filed by the City Clerk
with the California Building Standards Commission.
SECTION IV
The following modifications and changes as recommended by the Building
Official are adopted to the California Building Code, 2019 Edition, which is the
2018 International Building Code as amended by the State of California:
AMEND SECTION 1.8.4.2 TO READ:
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1.8.4.2 Fees. Fees shall be assessed in accordance with the adopted
City of Gilroy Comprehensive Fee Schedule.
REASON FOR AMENDMENT
The City Council reviews and adopts the City of Gilroy Comprehensive Fee
Schedule annually. All Building and Development fees are to be assessed from
the most current and adopted Comprehensive Fee Schedule.
AMEND SECTION 105.5 AS FOLLOWS:
105.5 Expiration. Every permit issued shall become invalid unless the
work on the site authorized by such permit is commenced within 1 year
after its issuance, or if the work authorized by such permit is suspended or
the permittee has abandoned the work authorized by the permit. The
building official is authorized to grant, in writing, one or more extensions of
time for periods of not more than 180 days per extension. The permittee
shall request an extension pursuant to this subdivision in writing and
demonstrate justifiable cause for the extension.
REASON FOR AMENDMENT:
To comply with California Assembly Bill No. 2913 Chapter 655 which amended
Section 18938.5 of, and to add Section 18938.6 to, the Health and Safe ty Code,
relating to building permit expirations. AB 2913 states that a permit would remain
valid for the work on the site authorized by that permit for 12 months after its
issuance, unless the permittee has abandoned the work.
AMEND SECTION 105.7 AS FOLLOWS:
105.7 Placement of Permit. The building permit, along with all plans and
documentation approved by the building official, shall be kept on the site
of the work until final approval has been granted by the building official.
REASON FOR AMENDMENT:
To clarify that the approved plans and documentations are at the job site for
inspector and contractor to follow.
AMEND SECTION 109.2 AS FOLLOWS:
109.2 Schedule of permit fees. On buildings, structures, electrical, gas,
mechanical and plumbing systems or alternations requiring a permit, a fee
for each permit shall be paid as required by the adopted current adopted
City of Gilroy Comprehensive Fee Schedule.
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REASON FOR AMENDMENT:
The City Council reviews and adopts the City of Gilroy Comprehensive Fee
Schedule annually. All Building and Development fees are to be assessed from
the most current and adopted Comprehensive Fee Schedule.
AMEND SECTION 109.4 AS FOLLOWS:
109.4 Work commencing before permit issuance. Whenever any work
for which a permit is required by this code has been commenced without
first obtaining said permit, the fee for necessary permits shall be double
the fee established by the current City of Gilroy Comprehensive Fee
Schedule approved by the city council.
REASON FOR AMENDMENT:
The City Council reviews and adopts the City of Gilroy Comprehensive Fee
Schedule annually. All Building and Development fees are to be assessed from
the most current and adopted Comprehensive Fee Schedule. Doubling the fee is
a standard procedure from prior practice and adopted codes.
ADD SECTION 109.7 TO READ AS FOLLOWS:
109.7 Plan review fees. When a plan review requires a plan checking fee,
the fee shall be paid at the time of submitting plans, calculation and
specifications for checking. When submittal documents are incomplete or
changed so as to require additional plan review or when the project
involves deferred submittal items an additional plan review fee may be
charged as deemed necessary by the building official at an hourly rate
established in the City of Gilroy Comprehensive Fee Schedule adopted by
the city council.
REASON FOR AMENDMENT:
To be consistent with previous adopted code.
ADD SECTION 110.7 AS FOLLOWS:
110.7 Inspection Record Card. Work requiring a permit shall not be
commenced until the permit holder or an agent of the permit holder has
posted or otherwise made available the inspection record card issued by
the building official such as to allow the building official to conveniently
make the required entries thereon regarding inspection of the work. This
card shall be maintained and available by the permit holder until final
approval has been granted by the building official.
REASON FOR AMENDMENT:
The building official amends and adds this new section to require that t he
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ORDINANCE NO. 2019 XX
inspection card be available at the jobsite. The inspection card contains
inspection description and building inspector signoff information to allow the
inspector to follow through on each permit.
AMEND SECTION 402.5 AS FOLLOWS:
DELETE EXCEPTION.
REASONS FOR AMENDMENT:
Geological I and II
AMEND SECTION 403.3 AS FOLLOWS.
DELETE EXCEPTION.
REASONS FOR AMENDMENT:
Geological I and II
AMEND SECTION 404.3 AS FOLLOWS.
DELETE ALL EXCEPTIONS.
REASON FOR AMENDMENT:
Geological I and II
AMEND SECTION 406.3.2 TO READ:
406. 3.2.1 Separation. Separation shall comply with the following when both the
garage and residence are protected by an approved Fire Sprinkler System:
1. The private garage shall be separated from the dwelling unit and its
attic area by means of a minimum ½ inch (12.7 mm) gypsum board
applied to the garage side. Garages beneath habitable rooms shall be
separated from all habitable rooms above by not less than a 5/8 inch
Type X gypsum board or equivalent. Door openings between a private
garage and the dwelling unit shall be equipped with either solid wood
doors or solid or honeycomb core steel doors not less than 1 - 3/4
inches (34.9 mm) thick, or doors in compliance with Section 716.5.3.
Openings from a private garage directly into a room used for sleeping
purposes shall not be permitted. Doors shall be self-closing and self-
latching.
2. Ducts in a private garage and ducts penetrating the wall or ceilings
separating the dwelling unit from the garage shall be constructed of a
minimum 0.019 inch (0.48 mm) sheet steel and shall have no openings
into the garage.
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ORDINANCE NO. 2019 XX
3. A separation is not required between a Group R3 and U carport,
provided the carport is entirely open on two or more sides and there
are not enclosed areas above.
Separations shall comply with the following when no approved Fire
Sprinkler System serves the residence and/or the garage.
1. The private garage shall be separated from the dwelling unit and its attic
area by means of a minimum 5/8 inch Type X gypsum board applied to
the garage side. Garages beneath habitable rooms shall be separated
from all habitable rooms above by not less than a 5/8 inch Type X gypsum
board or equivalent. Door opening between a private garage and the
dwelling with either solid wood doors or solid or honeycomb core steel
doors not less than 1-3/4 inches (34.9 mm) thick, or doors in compliance
with Section 716.5.3. Openings from a private garage directly into a room
used for sleeping purposes shall not be permitted. Doors shall be self -
closing and self-latching.
2. Ducts in a private garage and ducts penetrating the wall or ceilings
separating the dwelling unit from the garage shall be constructed of a
minimum 0.019 inch (0.48 mm) sheet steel and shall have no openings
into the garage.
3. A separation is not required between a Group R3 and U carport, provided
the carport is entirely open on two or more sides and there are not
enclosed areas above.
REASON FOR AMENDMENT:
Geological I and Geological II.
Amend door thickness is to match the Security Ordinance requirement.
AMEND SECTION 903.2 IN IT’S ENTIRELY TO READ:
903.2 Where Required. Approved Automatic sprinkler system in new
and existing buildings and structures shall be provided in the locations as
set forth in the Gilroy Fire Code and the California Fire Code.
ADD NEW SECTION 903.2.1.1 TO READ:
Section 903.2.1.1 for “automatic fire-extinguishing systems” in new
buildings and structures, any conflicts between the 2019 CBC and the
Gilroy Fire Code, the Gilroy Fire Code shall prevail.
REASON FOR AMENDMENTS:
To be consistent with the Uniform Fire Code and Local Amendment.
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AMEND SECTION 1505.1.4 AS FOLLOWS:
1505.1.4 Roofing requirements in a Wildland-Urban Interface Fire
Area. Roofing requirements for structures located in a Wildland-Urban
Interface Fire Area shall comply with Section 705A. The entire roof
covering of every existing structure where more than 50 percent of the
total roof area is replaced within any one-year period, the entire roof
covering of every new structure, and any roof covering applied in the
alteration, repair or replacement of the roof of every existing structure,
shall be a fire-retardant roof covering that is at least Class A
REASON FOR AMENDMENTS:
Topographical I
ADD SECTION 1505.1.5 TO READ AS FOLLOWS:
1505.1.5 Roofing. Class B roof covering shall be required for all Hillside
Construction.
REASON FOR AMENDMENTS:
Topographical I
AMEND SECTION 1705.3– AS FOLLOWS:
1705.3 Concrete Construction. The special inspections and verifications
for concrete construction shall be as required by this section and Table
1705.3.
EXCEPTIONS: Special inspection shall not be required for:
1. Isolated spread concrete footings of buildings three stories or less in
height above the grade plane that are fully supported on earth or rock,
where the structural design of the footing is based on a specified
compressive strength, f'c, no greater than 2,500 pounds per square inch
(psi) (17.2 Mpa).
2. Continuous concrete footings supporting walls of buildings three stories
or less above grade plane that are fully supported on earth or rock where:
2.1. The footings support walls of light-frame construction;
2.2. The footings are designed in accordance with Table 1809.7;
or
2.3. The structural design of the footing is based on a specified
compressive strength, f'c, no greater than 2,500 pounds per square
inch (psi) (17.2 Mpa), regardless of the compressive strength
specified in the construction documents or used in the footing
construction.
3. Nonstructural concrete slabs supported directly on the ground,
including prestressed slabs on grade, where the effective prestress in the
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concrete is less than 150 psi (1.03 Mpa).
4. Concrete foundation walls constructed in accordance with Table
1807.1.6.2.
5. Concrete patios, driveways and sidewalks, on grade.
REASON FOR AMENDMENT:
Results from studies after the 1994 Northridge earthquake indicated that a lot of
the damage was attributed to lack of quality control during construction. The
proposed amendment improves quality control during construction and therefore
needs to be incorporated into the Code.
AMEND SECTION 1807.2 AS FOLLOWS: 1807.2 Retaining walls. Retaining
walls shall be designed in accordance with Section 1807.2.1 through
1807.2.5
ADD 2019 CBC, SECTION 1807.2.5 TO READ AS:
1807.2.5 Retaining walls shall be constructed of concrete or masonry and
be designed by a California State licensed engineer (Civil or Structural
Engineer).
REASONS FOR AMENDMENT:
1. Geological I.
2. This existing amendment continues to be required by local conditions.
AMEND SECTION 1907.1– AS FOLLOWS:
1907.1 General. The thickness of concrete floor slabs supported directly
on the ground shall be not less than 3-1/2 inches (89 mm). The slab shall
be reinforced with not less than six inches by six inches ten-gauge wire
mesh or an approved alternate. A 6-mil (0.006 inch; 0.15 mm)
polyethylene vapor retarder with joints lapped not less than 6 inches (152
mm) shall be placed between the base course or subgrade and the
concrete floor slab, or other approved equivalent methods or materials
shall be used to retard vapor transmission through the floor slab.
Exception: A vapor retarder is not required:
1. For detached structures accessory to occupancies in Group R-3,
such as garages, utility buildings or other unheated facilities.
2. For unheated storage rooms having an area of less than 70 square
feet (6.5 m2) and carports attached to occupancies in Group R-3.
3. For buildings of other occupancies where migration of moisture
through the slab from below will not be detrimental to the intended
occupancy of the building.
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4. For driveways, walks, patios and other flatwork that will not be
enclosed at a later date.
5. Where approved based on local site conditions.
REASONS FOR AMENDMENT:
1. Geological I.
ADD SECTION 2306.3.1 TO READ AS FOLLOWS:
2306.3.1 Shear walls sheathed with other materials. Shear walls
sheathed with Portland cement plaster, gypsum lath, gypsum sheathing or
gypsum board shall be designed and constructed in accordance with
AP&PA SDPWS. Shear walls sheathed with these materials are permitted
to resist horizontal forces using the allowable shear capacities set forth in
Table 2306.3(3). Shear walls sheathed with Portland cement plaster,
gypsum lath, gypsum sheathing or gypsum board shall not be used to resist
seismic forces in structures assigned to Seismic Design Category D, E or F.
Exception: Item 1, expanded metal or woven wire lath and portland
cement plaster on studs spaced at 16 inches (406 mm) on center
installed per Table 2306.7 is permitted for use in one story structures
of R-3 and U occupancies in Seismic Design Category D.
REASONS FOR AMENDMENT:
1. Geological II.
2. The entire Santa Clara Valley is located in a highly active seismic zone.
Gypsum wallboard and exterior portland cement plaster have performed poorly
during recent California seismic events. The shear values for gypsum wallboard
and portland cement stucco contained in the code are based on mono-directional
testing. It is appropriate to limit the use of these products until cyclic loading
testing are performed and evaluated.
AMENDS SECTION 2308.1 TO READ AS FOLLOWS:
Section 2308.1 General. The requirements of this section are intended for
conventional light-frame construction. Other methods are permitted to be used,
provided a satisfactory design is submitted showing compliance with other
provisions of this code. Interior nonload-bearing partitions, ceilings and curtain
walls of conventional light-frame construction are not subject to the limitations of
this section. Detached one- and two-family dwellings and multiple single-family
dwellings (townhouses) not more than three stories above grade plane in height
with a separate means of egress and their accessory structures shall comply with
the California Residential Code.
REASON FOR AMENDMENT:
Geological I
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AMEND SECTION 2308.6.3 TO READ:
2308.6.3 Braced wall panel methods. Construction of braced wall panels
shall be by one or a combination of the methods in Table 2308.6.3(1).
Braced wall panel length shall be in accordance with Section 2308.6.4 or
2308.6.5. The use of Gypsum Board (GB) or Portland Cement Plaster
(PCP) type braced wall panels are not allowed.
REASONS FOR AMENDMENT:
Geological II.
AMEND SECTION 2308.6.9 TO READ:
2308.6.9 Attachment of sheathing. Fastening of braced wall panel
sheathing shall not be less than that prescribed in Table 2308.12.4 or
2304.9.1. Wall sheathing shall not be attached to framing members by
adhesives. All braced wall panels shall extend to the roof sheathing and
shall be attached to parallel roof rafters or blocking above with frami ng
clips (18 gauge minimum) spaced at maximum 24 inches (6096 mm) on
center with four 8d nails per leg (total eight 8d nails per clip). Braced wall
panels shall be laterally braced at each top corner and at maximum 24 -
inch (6096 mm) intervals along the top plate of discontinuous vertical
framing.
REASONS FOR AMENDMENT:
Geological II.
AMEND SECTION 2505 AS FOLLOWS.
DELETE SECTION 2505 COMPLETELY.
REASONS FOR AMENDMENT:
Survey of structural failures after the Loma Prieta earthquake of 1989 showed
the gypsum board, plaster and stucco finishes used for lateral force resistance
preformed poorly or failed completely. Further, once used to resist lateral forces,
it is nearly impossible without completely replacing the material to achieve the
initial design load resistance in these materials. To minimize the potential for
increased fire-life safety problems associated with such seismic failures, this
proposed modification increases the minimum acceptable shear resisting
elements to be used for lateral designs and conventionally braced structures.
Further, this continues a trend in and amongst local Bay Area jurisdictions that
has been historically supported by the engineering community.
BUILDING CODE APPENDIX CHAPTERS TO BE ADOPTED:
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The 2019 CBC is further amended by adopting the following Appendix
chapters:
APPENDIX C - AGRICULTURAL BUILDINGS
APPENDIX G - FLOOD RESISTANT CONSTRUCTION (If any condition or
requirements conflicts with FEMA, FEMA conditions shall govern.)
APPENDIX I - PATIO COVERS
APPENDIX J - GRADING
ADD SUB-SECTIONS TO SECTION J110 EROSION CONTROL TO READ:
Section J110.3 Erosion Control.
a. The applicant shall submit an Interim Erosion and Sediment Control
Plan. This can be incorporated on the Grading Plan and shall include
the following information:
1. Maximum surface runoff from the site as calculated using the method
approved by the Building Official.
2. A delineation and brief description of the surface runoff and erosion
control measures to be implemented including, but not limited to,
types and methods of applying mulches to be used.
3. A delineation and brief description of vegetative measures to be
taken, including but not limited to, seeding methods, the type,
location and extent of existing and undisturbed vegetation types, and
a schedule for maintenance and upkeep.
b. No improvements planned. Where an applicant does not plan to
construct permanent improvements on the site, or plans to leave
portions of the site graded but unimproved, applicant must:
1. Submit an Interim Plan designed to control runoff and erosion on the
site for the period of time during which the site, or portions thereof,
remain unimproved.
2. Submit a request for release after the completion of grading.
c. Work Schedule. The applicant must submit a master work schedule
showing the following information:
1. Proposed grading schedule.
2. Proposed conditions of the site on each July 15, August 15,
September 15, and October 15 during which the permit is in effect.
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3. Proposed schedule for installation of all interim erosion and sediment
control measures including, but not limited to, the stage of completion
of erosion control devices and vegetative measures on each of the
dates set forth in Subsection (2).
4. Schedule for construction of final improvements, if any.
5. Schedule for installation of permanent erosion and sediment devices
where required.
d. Season Work (October 15 to April 15).
1. For commencement of the grading during the wet season, applicant
must provide special documentation, as required by Building Official,
showing the reasons other than financial, for the need to commence
at that time.
2. For continuation of activities, other than installation, maintenance or
repair of measures in the interim or final plans, during the wet
season, permittee must apply for and receive in writing from the
Building Official, every five (5) working days, special permission to
proceed.
3. The Building Official shall grant permission under this subsection on
the basis of weather forecasts, experience and other pertinent
factors, which indicate the activity, may occur without excessive
erosion occurring.
REASON FOR AMENDMENT:
Geological II.
ADD NEW SECTION J110.4 TO READ:
Section J110.4 Dust and Mud Control Measures. Contractors
performing grading operations within the City where dry conditions or wet
conditions are encountered shall adequately and effectively control dust or
mud from spreading off site or onto existing structures on site. Prior to
commencement of grading operations, contractor shall furnish details of
proposed dust or mud control measures to the Building Official for
approval. Failure to control dust or mud from grading operations shall
result in suspension of grading operations until adequate measures are in
place to allow continuance.
REASON FOR AMENDMENT:
Geological II.
ADD NEW SECTION J110.5 TO READ:
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Section J110.5 Archeological Discovery. If in the course of any
grading operation, any artifacts, human remains, or substantial fossils are
discovered, all grading operations shall cease, and the discovery site shall
be suitably marked and protected from further damage. A report of such
findings shall be as outlined in the Zoning Ordinance. Specifically, if
human remains are discovered, the Sheriff-Coroner and the Building
Official shall be notified. If no human remains are discovered, but artifacts
or significant fossils are discovered, the Building Official shall be notified.
REASON FOR AMENDMENT:
Geological II.
ADD NEW SECTION J110.6 TO READ:
Section J110.6.1 Work Stoppage. Whenever the Building Official
determines that the work does not comply with the terms of the permit or
of this Ordinance Section, he or she may order the immediate cessation of
all work hereunder until such corrective measures have been completed.
Section J110.6. 2 Right of Entry. Whenever the Building Official or
designated subordinate(s) have reasonable or probable cause to believe
that there exists accelerated erosion and/or a violation of this Ordinance
Section, he/she may enter such site at all reasonable times to inspect the
same, to perform any duty imposed upon him/her by this Ordinance
Section; providing that if such premises are occupied, he/she shall first
present proper credentials and request entry, and if the premises are
found to be unoccupied, he/she shall first make a reasonab le effort to
locate the owner or other person having charge or control of said premises
and request entry. If such entry is refused or the owner or person having
charge or control cannot be located after reasonable effort, the Building
Official shall have recourse to every remedy provided by law to secure
entry and abate the erosion or violation.
Section J110.6.3 Notification of Violation. Any person found to be in
violation of the provisions of this Ordinance Section shall be required to
correct the problem upon written notification from the Building Official or
designated subordinate(s). Such written notification may require that
certain conditions be adhered to in the correction of the problem. These
may include, but are not limited to, the following:
a. Use of specific erosion control techniques
b. Submittal of plans and specifications to be approved by the
Community Development Department, and any other department
affected by such work, prior to the commencement of corrective
work.
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c. Completion of corrective work within a specified time period.
Section J110.6.4 Abatement of Violation. If the responsible party fails
to act in response to written notification of the Building Official, the
violation may be declared a public nuisance and be abated as required to
restore the site to its original condition. Where there is an emergency
condition of erosion or sediment damaging a waterway, marsh, or other
body of water, or significant habitat or archeological site, the Building
Official may have the necessary corrective work done and bill the property
owner or lien the property for repayment.
Section J110.6.5 Penalties.
a) Any person, whether as principal, agent, employee or otherwise, or
firm or corporation violating, or causing or permitting the violation of
any of the provisions of this Ordinance Section shall be subject to
citations and penalties set forth in the Gilroy Municipal Code, Section
1.7, Section 6.16 and Chapter 6A.
b) Each separate day or portion thereof during which any vio lation occurs
or continues without a good faith effort by the responsible person to
correct the violation, shall be deemed to constitute a separate offense.
c) In addition to the above noted penalties, the Building Official is hereby
authorized to attach an investigation fee up to twice the grading permit
fee, to any such permit issued for corrective action.
Section J110.6.6 Enforcement. The Building Official and or his/her
designated subordinate(s) is hereby authorized and directed to enforce all
the provisions of this Ordinance Section. For such purpose, the Building
Official shall have the powers of a law enforcement officer.
Section J110.6.7 Appeals. Any person who believes the Building Official
has erred in the technical application of this Ordinance Section may
appeal such action to the Building Board of Appeals.
REASONS FOR AMENDMENT:
1. Geological II.
2. This existing amendment continues to be required by local conditions.
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SECTION V
The following modifications and changes as recommended by the Building
Official are adopted to the California Residential Code, 2019 Edition, which is the
2018 International Residential Code as amended by the State of California:
AMEND SECTIONS 1.8.3, 1.8.4, 1.8.6, AND 1.8.7 AS FOLLOWS:
DELETE SECTIONS 1.8.3, 1.8.4, 1.8.6, AND 1.8.7.
REASONS FOR AMENDMENT:
Gilroy Municipal Code covers Right of Entry For Enforcement; Alternate Material,
designs, Tests and Methods of Construction; and Appeals Board.
AMEND SECTION 105.5 AS FOLLOWS:
105.5 Expiration. Every permit issued shall become invalid unless the
work on the site authorized by such permit is commenced within 1 year
after its issuance, or if the work authorized by such permit is suspended or
the permittee has abandoned the work authorized by the permit. The
building official is authorized to grant, in writing, one or more extensions of
time for periods of not more than 180 days per extension. The permittee
shall request an extension pursuant to this subdivision in writing and
demonstrate justifiable cause for the extension.
REASON FOR AMENDMENT:
To comply with California Assembly Bill No. 2913 Chapter 655 which amended
Section 18938.5 of, and to add Section 18938.6 to, the Health and Safety Code,
relating to building permit expirations. AB 2913 states that a permit would remain
valid for the work on the site authorized by that permit for 12 months after its
issuance, unless the permittee has abandoned the work.
AMEND SECTION R301.1.1 AS FOLLOWS:
DELETE ITEM 1 OF THIS SECTION.
REASON OF AMENDMENT:
GEOLOGICAL II
AMEND SECTION 301.2.1.1 AS FOLLOWS:
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DELETE ITEM 1 OF THIS SECTION.
REASON OF AMENDMENT:
GEOLOGICAL II
AMEND SECTION R303 AS FOLLOWS:
THE TITLE FOR THIS SECTION IS AMENDED TO READ AS FOLLOWS:
LIGHT, VENTILATION, HEATING, AND SOUND TRANSMISSION
ADD SECTION R303.11 OF CHAPTER 3 TO READ AS FOLLOWS:
R303.11 Sound transmission. For sound transmission control between
attached dwelling units, see Section 1206 of the California Building Code.
REASON OF AMENDMENT:
GEOLOGICAL II
AMEND SECTION R313 AS FOLLOWS:
R313.1 IS AMENDED AS FOLLOWS:
R313.1 Townhouse automatic fire sprinkler systems. An automatic
residential fire sprinkler system shall be installed in townhouses.
Exception: An automatic residential fire sprinkler system shall not be
required where additions or alterations are made to existing townhouses if
the addition does not exceed 1000 square feet or result in a total building
area of more than 3600 square feet and an existing automatic residential
fire sprinkler system is not installed.
R313.2 IS AMENDED AS FOLLOWS:
R313.2 One- and two-family dwellings automatic fire sprinkler systems. An
automatic residential fire sprinkler system shall be installed in one- and
two-family dwellings.
Exception:
1. An automatic residential fire sprinkler system shall not be required
where additions or alterations are made to existing buildings if the addition
does not exceed 1200 square feet or result in a total building area of more
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than 3600 square feet and an existing automatic residential f ire sprinkler
system is not installed.
2. Accessory Dwelling Unit, provided that all of the following are met:
2.1. The unit meets the definition of an Accessory Dwelling Unit as defined
in the Government Code Section 65852.2.
2.2. The existing primary residence does not have automatic fire
sprinklers.
2.3. The accessory detached dwelling unit does not exceed 1,200 square
feet in size.
2.4. The unit is on the same lot as the primary residence.
REASON FOR AMENDMENTS:
To be consistent with the Uniform Fire Code and Local Amendment.
AMEND FIRST PARAGRAPH AND THE EXCEPTION OF SECTION R403.1.3
TO READ AS:
R403.1.3 Seismic reinforcing. Concrete footings located in Seismic
Design Categories D0, D1 and D2, as established in Table R301.2 (1),
shall have minimum reinforcement of at least two continuous longitudinal
reinforcing bars not smaller than No. 4 bars. Bottom reinforcement shall
be located a minimum of 3 inches (76 mm) clear from the bottom of the
footing.
R403.1.3 Exception: In detached one- and two-family dwellings which are
three stories or less in height and constructed with stud bearing walls,
isolated plain concrete footings supporting columns or pedestals are
permitted.
REASONS FOR AMENDMENT:
This proposed amendment to the CRC is made to be consistent with TUCC (Tri-
Chapter Uniform Committee) amendment 3 that modifies the plain concrete
provisions in CBC Section 1908.1.8 and ACI 318 Section 22.10.1.
This proposed amendment addresses the problem of poor performance of plain
or under-reinforced concrete footings during a seismic event. This amendment
reflects the recommendations by the Structural Engineers Association of
Southern California (SEAOSC) and the Los Angeles City Joint Task Force that
investigated the poor performance of plain and under-reinforced concrete
footings observed in 1994 Northridge earthquake.
AMEND SECTION R506.1 TO READ:
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R506.1 General. Concrete slab-on-ground floors shall be designed and
constructed in accordance with the provisions of this section or ACI 332.
Floors shall be a minimum 3-1/2 inches (89 mm) thick (for expansive soils,
see Section R403.1.8). The slab shall be reinforced with not less than six
inches by six inches ten-gauge wire mesh or an approved alternate. The
specified compressive strength of concrete shall be as set forth in Section
R402.2.
REASONS FOR AMENDMENT:
Geological II.
AMEND SECTION R602.10.4 TO READ:
R602.10.4 Construction methods for braced wall panels. Intermittent
and continuously sheathed braced wall panels shall be constructed in
accordance with this section and the methods listed in Tab le R602.10.4.
The use of Gypsum Board (GB) or Portland Cement Plaster (PCP) type
braced wall panels are not allowed.
REASONS FOR AMENDMENT:
Geological II.
AMEND FOOTNOTE OF TABLE R602.10.3 (3):
Add footnote “g” to the end of Table R602.10.1.3 (3) to read as follows:
1. In Seismic Design Categories D0, D1, and D2, Method GB is not
permitted and the use of Methods PCP, SFB, and HPS is limited
to one-story single family dwellings and accessory structures.
AMEND SECTION R902.1.4 AS FOLLOWS:
R902.1.4 Roofing requirements in a wildland-urban interface
fire area. Roofing requirements for structures located in a Wildland-Urban
Interface Fire Area shall comply with Section R337.5. The entire roof
covering of every existing structure where more than 50 percent of the
total roof area is replaced within any one-year period, the entire roof
covering of every new structure, and any roof covering applied in the
alteration, repair or replacement of the roof of every existing struct ure,
shall be a fire-retardant roof covering that is at least Class A.
REASON FOR AMENDMENTS:
Topographical I
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CALIFORNIA RESIDENTIAL CODE APPENDIX CHAPTERS TO BE
ADOPTED:
APPENDIX H – PATIO COVERS
APPENDIX K – SOUND TRANSMISSION
SECTION VI
The following modifications and changes as recommended by the Building
Official are adopted to the California Mechanical Code, 2019 Edition, which is the
2018 Uniform Mechanical Code with California amendments:
AMEND 2019 CMC SECTION 1201 General.
Add SECTION 1201.6 WALL THICKNESS TO READ:
1201.6 Material Wall Thickness Tubing shall be at least Type K for
condensate return lines, and Type L for steam condenser cooling water
lines, underground water lines, and above ground water lines. Type M
shall not be used.
REASONS FOR AMENDMENT:
1. Geological II.
2. Most of the surface soils in the Santa Clara Valley are relatively young and
unconsolidated sedimentary materials formed from a wide variety of
parent materials. The varying chemical composition, degree of
weathering, and the relatively acid environment have created soils of
varying types, which are particularly corrosive in nature.
SECTION VII
The following modifications and changes as recommended by the Building
Official are adopted to the California Plumbing Code, 2019 Edition, which is the
2018 Uniform Plumbing Code with California amendments and Appendix A,
Appendix B, Appendix D, Appendix I, and Appendix K:
AMEND SECTION 604.3 TO READ:
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604.3 Copper or Copper Alloy Tube. Copper or copper alloy tube for
potable water piping shall have a weight of not less than type "L."
REASONS FOR AMENDMENT:
1. Due to water hardness in the city, type "L" copper shall be required
AMEND 2019 CPC SECTION 609.3 TO READ:
609.3 Under Concrete Slab. Water piping shall not be installed directly in
or under a concrete floor slab within a building without prior approval of
the Building Official.
REASONS FOR AMENDMENT:
1. Most of the surface soils in the Santa Clara Valley are relatively young and
unconsolidated sedimentary materials formed from a wide variety of parent
materials. The varying chemical composition, degree of weathering, and the
relatively acid environment have created soils of varying types, which are
particularly corrosive in nature.
2. Much of the surface soils in the Santa Clara Valley are highly expansive
(i.e., shrink - swell behavior) and has low bearing strength. There are two
types of expansive soils in the area:
a. The organic silty clays which are the recent bay muds; and
b. The plastic silty clays, which weather from the shale, found in the
hills surrounding Santa Clara Valley.
3. The local climate is characterized by markedly delineated rainy and dry
seasons, which tend to maximize the expansive characteristics of soil.
4. Some parts of Santa Clara Valley have hard water, which is corrosive to
ferrous pipe.
5. The groundwater table is unusually high in many places.
6. The Santa Clara Valley is in a highly active seismic area.
AMEND 2019 CPC SECTION 719 Clean-outs.
ADD NEW SECTION TO READ:
719.1.1 Clean-outs shall be installed on private property adjacent to
property line where the private sewer system connects to the public
sanitary sewer lateral. All such line clean-outs shall be extended to grade
with materials according to specifications approved by the Administrative
Authority and terminate within a concrete box or an approved Christy box.
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Exception: If the lateral does not exceed 12 ft. from the back of sidewalk
to the building drain clean-out, and the run must be substantially straight.
REASONS FOR AMENDMENT:
1. Geological II.
2. The Santa Clara Valley soils are expansive in nature. These
expansive soils create unstable conditions, which increase the
potential of breaks in sewer laterals. To maintain health and
sanitary services, it is necessary to gain access, to periodically
maintain public sanitary laterals. This is accomplished by the
additional clean-out as required above.
SECTION VIII
The following modifications and changes as recommended by the Building
Official are adopted to the 2018 International Property Maintenance Code with
Appendix A:
The following modifications and changes are recommended prior to adopting this
code.
The codes, standards and references in this code should be revised as follows;
Delete the following references Insert the following code references
International Building Code
International Mechanical Code
National Electrical Code
International Fire Code
International Plumbing Code
International Existing Building Code
International Residential Code
International Zoning Code
International Fuel Gas Code
Name of Jurisdiction
Jurisdiction to insert appropriate
schedule
Board of appeals
2019 California Building Code
2019 California Mechanical Code
2019 California Electrical Code
2019 California Fire Code
2019 California Plumbing Code
2019 California Existing Building Code
2019 California Residential Code
City of Gilroy Zoning Ordinance
No reference
City of Gilroy
Current City of Gilroy Comprehensive fee
schedule
Hearing Officer
AMEND 2018 International Property Maintenance Code herein after 2018
IPMC Section 102.4 Existing remedies.
Amended to read:
102.4 Existing remedies. The provisions in this code shall not be
construed to abolish or impair existing remedies of the jurisdiction or its
officers or agencies relating to the correction of any code violation or the
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removal or demolition of any structure that is dangerous, unsafe and
insanitary.
Reason for amendment:
1. To agree with Municipal Code 5B.9.
AMEND 2018 IPMC Section 104.3 Right of Entry
Add the following paragraph:
“Any and all costs incurred by the city in connection with securing lawful
entry to a structure or premise including but not limited to, costs of
investigation, staffing costs incurred in the preparation of warrants, and all
subsequent costs necessary to enforce compliance with the provisions of
this Code may be recovered including late payment charges and costs of
collection by use of any and all available legal means.”
Reason for amendment:
1. To clarify the process of cost recovery where the Right of Entry for
inspection of a premise or structure is refused.
AMEND 2018 IPMC Section 106.1
Amended to read:
106.1 Unlawful acts. It is hereby declared to be unlawful and a public
nuisance for any person, firm or corporation to erect, construct, enlarge,
alter, repair, move, improve, remove, convert or demolish, equip, use,
occupy or maintain any premise, building, structure or building service
equipment, or cause or permit the same to be done in violation of this
code or the technical codes.
Reason for amendment:
1. To agree with 2019 California Building Code Sec. 114.1.
AMEND 2018 IPMC Section 106.5
Add the following paragraph:
Procedures used and actions taken to correct or abate violations are not
limited by this code. Procedures used and actions taken under this code
may be utilized in conjunction with or in addition to any other procedure
applicable to the regulation of buildings or structures or property.
Reason for amendment:
1. To agree with Municipal Code 5B.9
AMEND 2018 IPMC Section 107.4
Amended to read:
107.4 Unauthorized tampering. Placards, notices, signs, tags or seals
posted or affixed by the code official shall not be mutilated, destroyed,
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tampered with, or removed without authorization from the code officia l.
Any person violating this subsection shall be guilty of a misdemeanor.
Reason for amendment:
1. To include the terms “Notices” and “Placards” referenced in 2018
IMPC 108.3 & 108.4 and comply with 1997 Uniform Housing Code
Sec. 1104.2 and 1997 Abatement of Dangerous Buildings Section
404.1.
AMEND 2018 IPMC Section 107
Add the following section:
107.7 Recordation of Notices and Orders. If compliance with the order
is not achieved within the time specified therein, and no appeal has been
properly and timely filed, the code official is authorized to file in the office
of the county recorder a certificate describing the property, and that the
premise, building, structure or building service equipment is in violation of
this code or the technical codes or other regulation applicable to buildings
or structures or property. Whenever the ordered corrections have been
completed and the violations no longer exist on the property described in
the certificate, and when all fines, fees, penalties, and incurred costs
associated with the property have been satisfied, the code official shall
issue a new certificate certifying that all required corrections have been
made.
Reason for amendment:
1. To comply with the recordation guidelines in the 1997 Abatement of
Dangerous Buildings code Section 402.
AMEND 2018 IPMC Section 108.1
Delete the word:
“condemned”
Replace with the words:
“posted in accordance with this section and declared to be a public
nuisance and the violations shall be abated by repair, rehabilitation,
demolition or removal”
Reason for amendment:
1. The section focused on condemnation only, it has been revised to
more closely follow the language from Section 202 of the
Dangerous Building Code.
AMEND 2018 IPMC Section 108.1.4
Amended to read:
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108.1.4 Unlawful structure. An unlawful structure is one found in whole
or in part to be occupied by more persons than permitted under this code,
or was erected, altered, occupied or maintained contrary to law; or one
that is partially constructed, reconstructed or demolished upon which work
is abandoned. Work is deemed abandoned when there is no valid building
or demolition permit.
Reason for amendment:
1. To include a portion of 1997 Dangerous Building Code Section 302
(18)
AMEND 2018 IPMC Section 108.1.5
Add the following paragraph:
12. Whenever exterior walls or other vertical structural members list, lean
or buckle to such an extent that a plumb line passing through the
center of gravity does not fall inside the middle one third of the base.
Reason for amendment:
1. Section 302 (10) of the 1997 Abatement of Dangerous Buildings
code clearly establishes this method to determine when a building
or it’s structural elements are excessively and/or dangerously
leaning
AMEND 2018 IPMC Section 108.2
Delete the words:
“of condemnation”
Reason for amendment:
1. The section referenced posting the structure for condemnation only
however we post several different types of placards.
AMEND 2018 IPMC Section 108.3
Amended to read:
108.3 Notice. Whenever the code official posts a structure, equipment or
premise under the provisions of this section, the posting shall be in a
conspicuous place in or about the affected structure, equipment or
premise and a notice in the form specified in Section 107.2 shall be served
on the owner, owner’s authorized agent or the person or persons
responsible for the structure, equipment or premise. If the posting pertains
to equipment, it shall also be placed on the equipment.
Reason for amendment:
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1. The section focused on posting structures or equipment for
condemnation only however we use several different types of
postings.
AMEND 2018 IPMC Section 108.4
Amended to read:
108.4 Placarding. When the code official determines a structure,
equipment or premise has been erected, constructed, enlarged, altered,
repaired, moved, improved, removed, damaged, converted or demolished,
equipped, used, occupied or maintained in violation of this code or the
technical codes and the structure, equipment or premise constitutes a
danger to the life, limb, property or safety of the public or the occupants,
the code official shall post a placard on the structure, equipment or
premise in a conspicuous place in or about the affected structure,
equipment or premise. The placard shall clearly state the code official’s
Order regarding the structure, equipment or premise, and specify the
conditions which necessitated the posting.
Reason for amendment:
1. The section focused on posting structures or equipment for
condemnation only however we use several different types of
postings.
AMEND 2018 IPMC Section 108.4.1
Amended to read:
108.4.1 Placard removal. The code official shall remove the placard
whenever the defect or defects upon which the placarding action was
based has been eliminated. Any person who defaces or removes a
placard without the approval of the code official shall be subject to the
penalties provided by this code.
Reason for amendment:
1. The section focused on posting structures or equipment for
condemnation only however we use several different types of
placards/postings.
AMEND 2018 IPMC Section 108.5
Amended to read:
108.5 Prohibited occupancy. It shall be unlawful for any person, owner,
owner’s authorized agent or person responsible for the premise to occupy
or allow to be occupied a placarded structure or premise or operate
placarded equipment in violation of the code officials posted order.
Reason for amendment:
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1. The section focused on posting structures or equipment for
condemnation only however we use several different types of
posting.
AMEND 2018 IPMC Section 111.1
Amended to read:
111.1 Application for appeal. Any person directly affected by a decision
of the code official or a notice or order issued under this code shall have
the right to appeal to the hearing officer, provided that a written application
for appeal is filed within 20 days after the day the decision, notice or order
was served. An application for appeal shall be based on a claim that the
true intent of this code or the rules legally adopted thereunder have been
incorrectly interpreted, the provisions of this code do not fully apply, or the
requirements of this code are adequately satisfied by other means.
Reason for amendment:
1. Gilroy Municipal Code chapter 6A has already established an
appeal process through the Administrative Hearing Officer.
DELETE 2018 IPMC Section 111.2 Membership Of The Board through
Section 111.6.2 Administration
Reason for amendment:
1. Gilroy Municipal Code chapter 6A has already established an
appeal process through the Administrative Hearing Officer.
AMEND 2018 IPMC Section 112.4
Delete the words:
“liable to a fine of not less than[AMOUNT] dollars or more than [AMOUNT[
dollars.”
Replace with the words:
“liable for penalties pursuant to Gilroy Municipal Code.”
Reason for amendment:
1. Gilroy Municipal Code has already established penalty amounts for
violations of City code.
AMEND 2018 IPMC Section 202
Amend the definition of Dwelling Unit to read:
Dwelling Unit. A single unit, whether part of a multiple unit complex, or a
detached individual residential dwelling, that provides complete
independent living facilities for one or more persons, including permanent
provisions for living, sleeping, eating, cooking and sanitation.
“Recreational vehicles” as defined by Gilroy Zoning Ordinance Section
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30.2.20 shall not be classified as Dwelling Units unless they are located in
an approved mobile home park or RV park.
Reason for amendment:
1. To clarify that Recreational vehicles are not Dwelling units for the
purposes of this code .
AMEND 2018 IPMC Section 202
Amend the definition of Garbage to read:
GARBAGE. Garbage shall be defined pursuant to Gilroy Municipal Code
Sec. 12.1.
Reason for amendment:
1. Gilroy Municipal Code Sec 12.1 has already defined this term.
AMEND 2018 IPMC Section 202
Amend the definition of Inoperable Motor Vehicle to read:
INOPERABLE MOTOR VEHICLE. A vehicle which cannot be driven upon
the public streets for reasons including but not limited to being unlicensed,
wrecked, abandoned, in a state of disrepair, incapable of being moved
under its own power or is prohibited from being operated on a public street
or highway for any reason pursuant to the provisions of the California
Vehicle Code.
Reason for amendment:
1. To include the intent of Gilroy Municipal Code Sec. 5C.8(b) and Sec.
15.111
AMEND 2018 IPMC Section 202
Amend the definition of Rubbish to read:
RUBBISH. Rubbish shall be defined pursuant to Gilroy Municipal Code
Sec. 12.1.
Reason for amendment:
2. Gilroy Municipal Code Sec 12.1 has already defined this term.
AMEND 2018 IPMC Section 301.3
Add the following paragraph:
“Storage of any motor vehicle, special mobile equipment, truck, boat,
travel trailer, aircraft, camper, mobile home, recreational vehicle,
motorcycle, appliance, furniture or the storage or accumulation of
garbage, refuse or rubbish as defined by Gilroy Municipal Code Chapter
12 or the storage of any boxes or similar storage containers, household
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items or residential belonging or similar objects, materials of any kind or
the storage or placement of any building or structure including pe rmit
exempt storage buildings or structures, on any vacant parcel without
approval of the City of Gilroy is prohibited.”
Reason for amendment:
1. To clarify uses and activities that are not allowed on vacant parcels
AMEND 2018 IPMC Section 302.1 Sanitation
Amended to read:
302.1 Sanitation. Exterior property areas and premises shall be
maintained by the property owner in a clean, safe and sanitary condition.
In residential zones, accumulations of building materials, junk, rubbish,
garbage, debris, scrap materials, boxes or similar storage containers,
household items or residential belonging or similar objects, except items
designed for exterior use such as lawn furniture, shall not be stored or
maintained in the front yard area or unenclosed patios, porches, carports,
or areas visible from any street or public way or accessible to the public
for a period of time in excess of seventy-two consecutive hours. Property
owners shall remain liable for violations thereof regardless of any contract
or agreement with any third party regarding such property. The owner of
any building lot or premises within the City where a business, trade or
profession has established a fixed place of business pursuant to Gilroy
Municipal Code Section 13.1(b) shall also comply with the requirements of
Municipal Code Section 5B.2(d)(1).
Reason for amendment:
1. The property owner is always held responsible for the proper
maintenance of their property.
AMEND 2018 IPMC Section 302.2 Grading and drainage
Add the following sentence at the end of the paragraph:
“Excess or concentrated drainage shall be contained on site or directed to
the nearest practicable drainage facility approved by the code official.”
Reason for amendment:
1. To comply with 2019 California Building Code Section J109.4
AMEND 2018 IPMC Section 302.3 Sidewalks and driveways
Add the following paragraph:
“The owner of any building, lot or premises within the city shall maintain
the sidewalks and/or walkways located upon such premises that are
accessible to the general public and the public sidewalks between such
premises and any adjacent public street or alley in a clean, safe and
sanitary condition. Maintenance shall include the removal and proper
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disposal, by methods approved by the City of Gilroy, of any dangerous,
unsightly and unsanitary conditions such as accumulations of garbage,
refuse, rubbish, litter, dirt, gum or other substances or items, which have
been placed, dropped or spilled upon the sidewalks. Where said unsightly
or unsanitary conditions have been created or caused by the owner of
such building, lot or premises, whether upon the sidewalks and/or
walkways located upon his premises or the public sidewalks between such
premises and any adjacent public street or alley, or the sidewalks adjacent
to buildings, lots or premises in the vicinity, the owner shall immediately
restore the sidewalks and/or walkways to a clean, safe and sanitary
condition.”
Reason for amendment:
1. This amendment clarifies specific exterior property area
requirements referenced by Section 302.1 Sanitation.
AMEND 2018 IPMC Section 302.4 Weeds,
Amended to read:
302.4 Weeds. No owner, agent, lessee or occupant or other person
having charge or control of any building, lot or premises within the city
shall permit excess weeds or vegetation to remain or accumulate upon
such premises or upon public sidewalks or streets or alleys between such
premises and the centerline of any public street or alley. Where overgrown
weeds, vegetation, shrubbery, vines or trees, create an encroachment,
harborage or shelter; the code official shall require the property owner to
trim, cut, destroy or remove the overgrowth, and/or raise the vegetation
canopy to a height of seven feet above the ground. All noxious weeds
shall be prohibited. Weeds shall be defined per Municipal Code Section
12.45.
Upon failure of the owner or agent having charge of a property to cut and
destroy excess weeds or vegetation after service of a notice of violation,
they shall be subject to prosecution in accordance with Section 106.3 and
as prescribed by the City of Gilroy. Upon failure to comply with the notice
of violation, any duly authorized employee of the City or contractor hired
by the City shall be authorized to enter upon the property in violation and
cut and destroy the weeds or excess vegetation growing thereon, and the
costs of such removal shall be paid by the owner or agent responsible for
the property.
Reason for amendment:
1. This section revised to comply with Municipal Code Section 12.45
and 12.46
AMEND 2018 IPMC Section 302.8 Motor vehicles, Exception:
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Amended to read:
302.8 Exception: An owner, lessee, or occupant of the property may
repair, wash, clean, or service personal property, provided they comply
with Gilroy Zoning Ordinance and Municipal Codes requirements.
Reason for amendment:
1. This section revised to comply with Zoning Ordinance & Municipal
Code requirements.
AMEND 2018 IPMC Section 303.2 Enclosures,
Amended to read:
303.2 Enclosures. Private swimming pools, hot tubs, spas and ponds
containing water more than 18 inches in depth shall be completely
enclosed by a fence, wall or other barrier not less than 60 inches in height
above the finished ground level measured on the side of the barrier away
from the pool. Gates and doors in such barriers shall be self -closing and
self-latching. Where the self-latching device is less than 54 inches above
the bottom of the gate, the release mechanism shall be located on the
pool side of the gate. Self-closing and self-latching gates shall be
maintained such that the gate will positively close and latch when released
from an open position of 6 inches from the gatepost. The vertical
clearance from the ground to the bottom of the enclosure shall be a
maximum of two inches (2"). The maximum vertical clearance at the
bottom of the barrier may be increased to four inches (4") when the grade
is a solid surface such as a concrete deck. On wood fences with horizontal
members spaced less than forty-five inches (45") apart, the horizontal
members shall be placed on the poolside of the barrier. T he outside
surface of the enclosure shall be free of protrusions, cavities, or other
physical characteristics that would serve as handholds or footholds that
could enable a child below the age of five years to climb over. Existing
pool enclosures shall not be removed, replaced or changed in a manner
that reduces its effectiveness as a safety barrier.
Reason for amendment:
1. To comply with City Gilroy Residential Swimming Pool & Spa
Guidelines, and California Health and Safety Code Swimming Pool
Safety Act, Section 115920-115929
DELETE 2018 IPMC Section 304.3 Premises identification.
Reason for amendment:
1. Gilroy Municipal Code Section 6.24(b)(1) has already established a
standard for premise identification.
AMEND 2018 IPMC Section 304.7
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Amended to read:
304.7 Roofs and drainage. The roof and flashing shall be sound, tight
and not have defects that admit rain. Roof drainage shall be adequate to
prevent dampness or deterioration in the walls or interior portion of the
structure. Damaged or deteriorated roofs and flashing shall be repaired as
expeditiously as possible. When emergency temporary roof repairs require
the installation of tarps or plastic sheeting to prevent leaks, the temporary
repairs shall not extend beyond one month, unless approved by the Code
Official. Such temporary repairs must have all edges of the material
fastened and restrained with sufficient tension to prevent movement or
flapping in the wind. Roof drains, gutters and downspouts shall be
maintained in good repair and free from obstructions. Roof water shall not
be discharged in a manner that creates a public nuisance.
Reason for amendment:
1. To address California Health and Safety Code Section
17920.3(a)(14) improper maintenance.
AMEND 2018 IPMC Section 304.14 Insect Screens, first sentence
Delete the words:
“During the period from [DATE] to [DATE],”
AMEND 2018 IPMC Section 304.15 Doors, first sentence
Amended to read:
304.15 Doors. All exterior doors, door assemblies including weather
stripping, thresholds, closers, operator systems if provided and hardware
shall be maintained in good condition.
Reason for amendment:
1. To comply with California Health and Safety Code Section 17920.3.
AMEND 2018 IPMC Section 304.16
Amended to read:
304.16 Under-Floor areas. Under-floor access doors, hatchways and
ventilation openings shall be maintained to prevent the entrance of
rodents, rain and surface drainage water. Doors shall be tight fitting and
ventilation openings shall be properly screened with corrosion -resistant
wire mesh having openings not exceeding ¼ inch in any dimension or
alternate approved materials pursuant to 2019 California Building Code
Section 1203
Reason for amendment:
2. To comply with California Health and Safety Code Section 17920.3.
AMEND 2018 IPMC Section 304.18.2
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Amended to read:
304.18.2 Windows. Operable windows that provides access to a dwelling
unit, rooming unit or housekeeping unit that is rented, leased or let shall
be equipped with a window sash locking device when they are located in
whole or in part within 12 feet above ground level or walking surface or 6
feet horizontally from the ground, a roof, or any other platform.
Reason for amendment:
2. To comply with California Civil Code Section 1941.3(a)2
AMEND 2018 IPMC Section 305.1 General, first sentence
Amended to read:
305.1 General The interior of a structure and equipment therein including
but not limited to cabinets, counters and hardware shall be maintained in
good repair, structurally sound and in a sanitary condition.
Reason for amendment:
1. To comply with California Health and Safety Code Section
17920.3(a)14
AMEND 2018 IPMC Section 305.6
Amended to read:
305.6 Interior Doors. Every interior door and hardware shall be properly
installed and maintained in a workmanlike manner and capable of being
opened, closed and latched. Every interior door shall fit reasonably well
within its frame and shall be securely attached to the jambs, headers or
tracks as intended by the manufacturer of the attachment hardware.
Reason for amendment:
1. To comply with California Health and Safety Code Section
17920.3(a)14
AMEND 2018 IPMC Section 308.3.1
Amended to read:
308.3.1 Garbage facilities. The owner of every dwelling unit or the
proprietor, manager, owner or lessee of any hotel, restaurant,
boardinghouse, rooming house or other place of business in the city shall
be responsible for providing approved leak-proof, covered, outside
garbage receptacles for each dwelling unit or place of business pursuant
to Gilroy Municipal Code Section 12.18. Receptacles shall be at all times
kept in a sanitary condition and shall be placed for collection in the alley
behind the premises, or if there is no alley access, then on the front curb
in front of the premises being served, or such other place as may be
approved by the director of public works or the garbage contractor, so as
to be readily accessible for removing and emptying the same. Receptacles
shall be placed in the proper area for collection the evening prior to
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collection and shall be removed and stored at an approved location by the
morning after. For dwelling units, receptacles shall be stored in the side
yard adjacent to the house or garage. Where the code official repeatedly
finds a site in violation of Municipal code section 5B.2(2) or 5C.7, he or
she may require the property owner to provide an additional or larger
outside garbage container for the premise to use.
Reason for amendment:
1. To comply with Gilroy Municipal Code Chapter 5 and Section 12.18
and 12.19.
AMEND 2018 IPMC Section 309.1
Amended to read:
309.1 Infestation. All structures shall be kept free from insect, rodent,
vermin or other infestations. When an insect, rodent, vermin or other
infestation is brought to the attention of the code official, he or she may
require the owner or owner’s authorized agent having charge or control of
the building, lot or premise to hire a licensed exterminator or other
qualified professional to inspect the building, lot or premise and provide a
written report verifying the presence and severity of such infestation
including in the report a recommendation for proper extermination or
elimination of the infestation. All structures and/or areas in which
infestations are found, shall be promptly exterminated by approved
processes that will not be injurious to human health. After extermination of
the infestation is complete, the code official may request a written notice
from the licensed exterminator or other qualified professional attesting to
the completion and success of the recommended extermination
procedures. After the infestation is eliminated, proper precautions shall be
taken to prevent reinfestation.
Reason for amendment:
1. California Health and Safety Code Sec 17920.3(12) states
“Infestation of insects, vermin, or rodents as determined by the
health officer.” renders dwelling units substandard. The language
has been amended to clarify the process.
AMEND 2018 IPMC Section 309.2
Amended to read:
309.2 Owner. The owner of any structure or premise shall be responsible
for extermination within the structure or premise prior to renting or lea sing
the structure or premise. The owner of a structure or premise containing a
dwelling unit, multiple occupancy, rooming house or a nonresidential
structure shall be responsible for maintaining the structure and premise in
a rodent and/or pest-free condition. If an infestation is caused by an
occupant substantially failing to properly maintain their occupied area of
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the structure or premise “as clean and sanitary as the condition of the
structure or premise permits”. For as long as the occupants failure either
substantially causes an unlivable condition to occur, or substantially
interferes with the owners ability to repair the condition, the owner does
not have to repair the condition. Where defects in a structure substantially
contribute to or cause an infestation, the owner shall be responsible for
correction of the defect and extermination of the infestation.
Reason for amendment:
1. To agree with California Civil Code Section 1941.2(a)
DELETE 2018 IPMC Section 309.3 Single Occupant through Section 309.5
Occupant
Reason for amendment:
1. Comply with California Tenants Handbook guidelines.
AMEND 2018 IPMC Section 404.4.1 Room Area
Amended to read:
404.4.1 Room Area Every living room shall contain not less than 120
square feet and every habitable room excep t kitchens shall contain not
less than 70 square feet and every bedroom shall contain not less than 70
square feet and every bedroom occupied by more than one person shall
contain not less than 50 square feet of floor area for each occupant
thereof.
Reason for amendment:
1. This section revised to comply with 2019 California Residential
Code requirements of Section R304
AMEND 2018 IPMC Section 505.4
Delete the words:
“adequate combustion air is provided’
Replace with the words:
“the installation complies with Chapter 5 of the California Plumbing Code
and Section 904.0 of the 2019 California Mechanical Code”
Reason for amendment:
1. To comply with California Plumbing and Mechanical code
requirements.
AMEND 2018 IPMC Section 506.2
Add the following sentence:
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“Sewer line cleanout plugs or caps shall be of an approved type and shall
be securely installed and remain in place at all times except when
servicing the drain line.
Reason for amendment:
1. To address California Health and Safety Code Section
17920.3(a)(14) improper maintenance
AMEND 2018 IPMC Section 602.2 Residential occupancies
Amended to read:
602.2 Residential occupancies. Dwellings shall be provided with heating
facilities capable of maintaining a room temperature of 68°F (20°C) in all
habitable rooms, bathrooms and toilet rooms. Cooking appliances,
fireplaces and portable heaters shall not be used as a means to provide
required heating.
Reason for amendment:
1. To more closely align with Uniform Housing Code Section 701.1
requirements.
DELETE 2018 IPMC Section 602.2 Residential occupancies; Exception:
Reason for amendment:
1. The Uniform Housing Code has always used 70 degrees as the
standard. The IPMC has revised this standard to 68 degrees and
the exception creates a reduction to 65 degrees. This is considered
too low for this area.
AMEND 2018 IPMC Section 602.3 Heat Supply
Delete the words:
“during the period from [DATE] to [DATE],”
AMEND 2018 IPMC Section 602.3 Heat Supply; Exceptions: 1. Last
sentence
Amended to read:
The winter outdoor design temperature for the locality shall be 32oF.
Reason for amendment:
1. The Appendix D reference to the Plumbing code did not clearly
specify the temperature.
DELETE 2018 IPMC Section 602.3 Heat Supply; Exceptions: 2. only
Reason for amendment:
1. The Uniform Housing Code has always used 70 degrees as the
standard. The IPMC has revised this standard to 68 degrees and
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the exception creates a reduction to 65 degrees. This is considered
too low for this area.
DELETE 2018 IPMC Section 602.4 Occupiable work spaces
Reason for amendment:
1. Primarily enforced by Cal OSHA
AMEND 2018 IPMC Section 603.1 Mechanical equipment and appliances.
Amended to read:
Mechanical equipment, kitchen hoods, appliances, fireplaces, solid fuel -
burning appliances, cooking appliances and water heating appliances
shall be properly installed and maintained in a safe working condition, and
shall be capable of performing their intended function. When new
mechanical equipment is installed and the old equipment is no longer in
use, the old equipment must be removed from the structure. Openings left
in the walls, floors or ceilings must be properly repaired and painted.
Electrical circuits and gas lines must be properly abandoned and
inspected.
Reason for amendment:
1. To address California Health and Safety Code Section
17920.3(a)(14) improper maintenance
AMEND 2018 IPMC Section 604.3
Amended to read:
604.3 Electrical system hazards. Where it is found that the electrical
system in a structure constitutes a hazard to the occupants or the
structure by reason of inadequate service, improper fusing, insufficient
receptacle and lighting outlets, deterioration or damage, improper wiring or
installation, including the improper use of extension cords as permanent
wiring, or for similar reasons, the code official shall require the defects to
be corrected to eliminate the hazard.
Reason for amendment:
1. To comply with Electrical Code requirements.
AMEND 2018 IPMC Section 605.3 Luminaires
Add the following sentence:
No unobstructed beam of exterior lighting shall be directed outward from a
site toward any residential use or public right-of-way.
Reason for amendment:
1. To comply with Gilroy Zoning Code Section 30.50.44(c) guidelines
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SECTION IX
Section 6.1 of Chapter 6 of the Gilroy City Code is hereby amended to read:
Sec. 6.1 Construction Codes Adopted.
For the purpose of setting forth proper regulations for the
protection of the public health, safety and welfare, regulating the
erection, construction, enlargement, alteration, repair, moving,
removal, conversion, demolition, occupancy, equipment, use,
height, area and maintenance of buildings and structures in the city,
providing for the issuance of permits and collection of fees
therefore, declaring and establishing fire districts and providing
penalties for the violation thereof, the following uniform construction
codes are adopted, as amended, to apply in the City of Gilroy:
A. The 2019 California Building Code
B. The 2019 California Residential Code
C. The 2019 California Electrical Code
D. The 2019 California Mechanical Code
E. The 2019 California Plumbing Code
F. The 2019 California Energy Code
G. The 2019 California Historical Building Code
H. The 2019 California Fire Code
I. The 2019 California Existing Building Code with
Appendices A2, A3, A4, and A5 of the 2018
International Existing Building Code
J. The 2019 Green Building Standards Code
K. The 2018 International Property Maintenance
Code with Appendix A
The latest edition of each of the above codes shall be submitted to
the Council from time to time together with changes or
modifications as are reasonably necessary because of local
climatic, geological, or topographical conditions, or as otherwise
permitted by state law. The City Council may by ordinance approve
these and other uniform construction codes as they may exist from
time to time and changes and modifications thereto. The ordinance
shall be kept on file in the office of the City Clerk for public review.
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SECTION X
The City Council hereby directs staff to include in the record any and all
documents setting forth facts and findings for adoption of the uniform codes and
appendices and amendments and changes thereto as set forth herein.
SECTION XI
If any section, subsection, sentence, clause or phrase of this Ordinance is for any
reason held to be invalid or unconstitutional, such decision shall not affect the
validity of the remaining portions of this ordinance. The City Council of the City
of Gilroy hereby declares that it would have passed and adopted this Ordinance,
and each section, subsection, sentence, clause or phrase hereof, irrespective of
the fact that any one or more sections, subsections, sentences, clauses or
phrases may be declared invalid or unconstitutional.
SECTION XII
This Ordinance shall be in full force and effect thirty (30) days after its passage
and adoption.
The Codes and amendments to the Codes adopted hereunder shall take effect
on January 1, 2020.
PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF GILROY this 4th
day of November, 2019 by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
APPROVED:
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_____________________
Roland Velasco, Mayor
ATTEST:
_______________________
Shawna Freels, City Clerk
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City of Gilroy
STAFF REPORT
Agenda Item Title: Adoption of an Ordinance of the City Council of the City of Gilroy
Adopting the 2018 International Fire Code and the 2019 California
Fire Code, California Code of Regulations Title 24, Part 9, Including
Local Amendments (introduced 11/4/2019 with a 7-0 vote)
Meeting Date: November 18, 2019
From: Gabriel Gonzalez, City Administrator
Department: Fire Department
Submitted By: Jeff Clet
Prepared By: Jeff Clet
Jonathan Crick
Strategic Plan Goals
☐ Fiscal Stability
☐ Downtown
Revitalization
☐ Economic
Development
☐ Neighborhood Services
Enhanced Public
Safety
☐ Workforce Stability ☐ Public Engagement
RECOMMENDATION
Adopt an Ordinance of the City Council of the City of Gilroy Adopting the 2018
International Fire Code and the 2019 California Fire Code, California Code of
Regulations Title 24, Part 9, Including Local Amendments.
EXECUTIVE SUMMARY
Every three years the International Building and Fire Codes (model codes) are upda ted,
revised and published. Corresponding with the publishing of these model codes, the
California Building Standards Commission amends and adopts the model codes as the
California Fire and Building Codes. The California amendments only address specific
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sections of the International Codes; therefore, the City adopts and amends the
International and State Codes, to also include local amendments.
BACKGROUND
The California Health and Safety Code allows cities and counties to adopt local
amendments to the triennial editions of the California Building Standards Code, part 9
pertaining to fire safety, before the January 1, 2020, statewide effective date.
Amendments may be administrative, such as adopting the City's Master Fee Schedule,
and non-administrative, such as adopting special design standards in the Gilroy Hillside
High Fire Severity Zone. Non-administrative amendments must be no less restrictive
than statewide regulations and must be supported by a resolution of findings based on
local climatic, topographic, and geologic conditions. The amending Ordinance and
Resolution of findings must be adopted by the City Council and received by the State
Building Standards Commission in Sacramento before the January 1, 2020 deadline.
To maintain the City’s prior code amendments and make further additions and/or
changes to the new codes, it is important that the City amends and adopts the State
and International Codes by January 1, 2020. Technical amendments supplement the
State Code to reflect local conditions and hazards and are deemed necessary to
maintain the current level of protection throughout the City of Gilroy that has been
provided through the current Gilroy Fire Code. The language in the attached ordinance
provides for the adoption of the 2018 edition of The International Fire Code (IFC) and
the 2019 edition of the California Fire Code (CFC), as well as the recommended
amendments. Together they become the City of Gilroy Fire Code.
ANALYSIS
The local amendments meet several needs:
1) They provide requirements that are specific to the needs of the City of Gilroy
2) They provide consistent countywide requirements recommended by the Santa Clara
County Fire Chiefs
3) They maintain prior code adoptions in the new code
Certain climatic, geological, and/or topographical features can have a detrimental effect
on emergency fire protection and emergency medical services in the City of Gilroy. The
Fire Department has determined that the proposed modifications to the 2019 California
Fire Code are reasonably necessary due to climatic, geological, and topographical
conditions.
The amendments and revisions set forth establish the requirements of the 2019 City of
Gilroy Fire Code. All Santa Clara County Fire Departments, through the Santa Clara
County Fire Marshal’s Fire Code Work Group (a subcommittee of the Santa Clara County
Fire Chiefs’ Association), have worked towards making the Code more uniform throughout
the County. Many of the proposed amendments to the Gilroy Fire Code were developed
in cooperation with other cities and fire districts within Santa Clara County to provide
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regulatory consistency. Except for the administrative sections of the Code, many of
amendments presented are proposed for adoption by most fire agencies in Santa Clara
County.
As in prior code cycles, a number of the amendments maintain the Hazardous Materials
and Toxic Gas regulations that were jointly adopted by Santa Clara County and its cities
in 1982 have carried over to this code cycle. These amendments are to Chapters 50 -60
of the model Fire Code, and are readopted each code cycle if the model code does not
contain these specific provisions. Several of the amendments are to Chapter 49 of the
model Fire Code to include provisions for construction in the Wildland Urban Interface
(WUI) fire areas. The State requires that local fire agencies review and adopt codes for
such areas. This is especially important in Gilroy, which borders wildland areas called
“State Responsibility Areas”.
ALTERNATIVES
Every three years, the International Building and Fire Codes (model codes) are
updated, revised and published. Failing to adopt an ordinance by January 1, 2020,
limits the City to only the code sections mandated by the State.
FISCAL IMPACT/FUNDING SOURCE
There are no fiscal impacts associated with this report. This is an administrative action
mandated by State law. The Fire Prevention Program is funded by fees and there are
no net changes due to this code adoption.
CONCLUSION
The adoption of the code amendments provides an increased level of safety and
protection for Gilroy businesses and residents.
NEXT STEPS
Adopted amendments will become effective January 1, 2020.
PUBLIC OUTREACH
The three year code adoption cycle is well established and architects, engineers
participate in the model code process. The Santa Clara County Fire Marshals model
amendment process is open to public inquiry and input.
Attachments:
1. Ordinance Fire Code 2019
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ORDINANCE NO. 2019-XX
ORDINANCE NO. 2019 - XX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY
ADOPTING THE 2018 EDITION OF THE INTERNATIONAL FIRE
CODE, WITH THE CALIFORNIA FIRE CODE, CALIFORNIA CODE
OF REGULATIONS TITLE 24, PART 9, INCLUDING LOCAL
AMENDMENTS
WHEREAS, Section 10.9 of the Gilroy City Code provides that the latest edition of the
California Fire Code (CFC) shall be submitted to the City Council for adoption subject to local
modifications and changes; and
WHEREAS, the latest edition of the California Fire Code is the 2018 International Fire
Code (IFC) with amendments adopted by the State of California as the 2019 California Fire
Code; and
WHEREAS, California has adopted the 2019 California Fire Code with amendments as
part of the California Building Standards Code Title 24, Part 9; and
WHEREAS, California Health and Safety Code section 17958 authorizes a city or county
to make changes in provisions published in the California Building Standards Code or other
regulations, but specifies that if a city or county does not amend, add, or repeal ordinances or
regulations to impose those requirements or make changes or modifications in those
requirements upon express findings, the provisions published in the California Building
Standards Code or other promulgated regulations shall be applicable to the city or county and
shall become effective 180 days after publication, which date of effectiveness is January 1, 2020;
and
WHEREAS, California Health & Safety Code section 17958.5 authorizes a city or county
to make changes or modifications in the requirements contained in the provisions of the
California Building Standards Code and other adopted regulations if the city or county
determines that the changes or modifications are reasonably necessary because of local climatic,
geological or topographical conditions; and
WHEREAS, California Health & Safety Code section 13143 authorizes a city or county,
by ordinance, to make changes or modifications that are more stringent than the requirements
published in the California Building Standards Code relating to fire and panic safety and certain
other regulations; and
WHEREAS, the Silicon Valley area, which includes this City, is within a very active
seismic area and local soil conditions can be highly expansive and are prone to shrink and swell
during seasonal drying and wetting; and
WHEREAS, portions of the City are in hillside areas that are high hazard fire zones and
are adjacent to State Responsibility Areas designated as very high hazard zones. These areas
have only limited fire suppression forces and facilities available for the protection of life and
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property and are characterized by vegetation that is highly flammable and subject to rapidly
expanding wildfires; and
WHEREAS, City fire protection and suppression services for buildings are limited and
therefore require supplemental fire suppression services such as automatic fire sprinkler systems
fire alarms and fire resistive construction; and
WHEREAS, the City has local climatic considerations including temperatures ranging
from below freezing to over one hundred degrees, local geological considerations including the
presence of seismic activity and expansive clay soils, and local topographical considerations
including extensive hillside construction that is prone to erosion and slippage; and
WHEREAS, the City has participated in a County-wide effort over many months to make
uniform amendments to the 2018 International Fire Code with 2019 California Fire Code
amendments, consistent with cities in the county that share similar local climatic, geological and
topographical considerations; and
WHEREAS, the Interim Fire Chief recommends that some local amendments to the 2018
International Fire Code and 2019 California Fire Code are necessary as are set forth herein; and
WHEREAS, a duly noticed public hearing was held by the City Council on November 4,
2019, prior to the adoption of this 2018 International Fire Code with 2019 California Fire Code
amendments and local amendments; and
WHEREAS, this Ordinance is exempt from the requirements of the California
Environmental Quality Act (“CEQA”), as amended, because it does not involve an activity that
may cause either a direct physical change in the environment or a reasonably foreseeable indirect
physical change in the environment; and
WHEREAS, the City Council has reviewed all of the written materials and considered all
of the oral testimony presented to it on this matter.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION I
This Ordinance shall be known and cited as the City of Gilroy Fire Code.
SECTION II
The City of Gilroy does adopt that portion of the International Fire Code, 2018 Edition,
together with the California Fire Code 2019 Edition including Appendix Chapters as adopted by
the State Building Standards Commission, including Errata, with modifications, additions and
changes recommended by the Interim Fire Chief as set forth in Section III of this Ordinance.
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SECTION III
The following sections are adopted as described below.
Chapter 1 is adopted in its entirety as amended below.
SECTION 101.1 TITLE. AMENDED
101.1 Title. These regulations shall be known as the City of Gilroy Fire Code,
hereinafter referred to as “THIS CODE”.
Reason for amendment: The International Fire Code provides for the local agency to
insert appropriate language to identify this as the City of Gilroy Fire Code.
SECTION 103.1 APPOINTMENT. AMENDED
103.1 Appointments. The Fire Marshal carries out the functions of the fire code official
on behalf of and under the direction of the Fire Chief and implements, administers and
enforces the provisions of this code. The Fire Marshal’s Office is established within the
City of Gilroy as the Office of Fire Prevention.
Reason for amendment: The International Fire Code creates a department of fire
prevention and the term “fire code official” is used throughout. The amendment inserts
language that describes how the Fire Marshal carries out the functions as the “fire code
official” within the structure of the Fire Marshal’s Office within the City of Gilroy.
SECTION 105.6.20 HAZARDOUS MATERIALS. AMENDED
105.6.20 Hazardous Materials. An operational permit is required to store, transport on
site, dispense, use or handle hazardous materials in excess of the amounts listed in tables
105.6.8, 105.6.10, and 105.6.20. This includes radioactive materials with more than one
micro curie (37,000 Becquerel) of radioactive material not contained in a sealed source or
more than 1 mill curie (37,000,000 Becquerel) of radioactive material in a sealed source
or sources, or any amount of radioactive material for which a specific licenses from the
Nuclear Regulatory Commission is required. When any material is deemed by the State
of California to be listed on a hazardous materials business plan pursuant to California
Health and Safety Code Chapter 6.95 and is present at any time in excess of in quantities
in excess of 55 gallons, 500 lbs. or 200 cu ft. a permit is required. When any quantity of
material, defined as hazardous waste in the California Code of Regulations (CCR) Title
22, shall require a permit.
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Reason for amendment: To maintain the current permit structure used to regulate
radioactive materials and to stay consistent with the definitions used State Health and
Safety Code Chapter 6.95, Section 25500-25520, Hazardous Materials for which a
Unified Program Permit is issued by the Gilroy Fire Marshal as a CUPA.
SECTION 105.6.31 MOTOR FUEL DISPENSING FACILITIES. AMENDED
105.6.31 Motor Fuel Dispensing. An operational permit is required for the fueling of
motor vehicles including automotive, marine craft, and fleets at fixed facilities and
through mobile fueling operations.
Reason for amendment: This is a County-wide amendment recommended by the Santa
Clara County Fire Chiefs. This amendment is to provide regulation of on-demand fueling
services, a new industry that has no current method of operations under the current
international or California Fire Code.
SECTION 105.7.26 LITHIUM BATTERIES. ADDED
106.7.26 Lithium Batteries. An operational permit is required to handle or store more
than 1,000 pounds (454 kg) of lithium batteries.
Reason for amendment: This is a County-wide amendment recommended by the Santa
Clara County Fire Chiefs. This amendment is to provide regulation of the lithium battery
industry that has no current method of operations under the current international or
California Fire Code.
SECTION 105.7.27 ADDITIVE MANUFACTURING. ADDED
105.7.27 Additive Manufacturing. An operational permit is required to conduct additive
manufacturing operations as covered in Section 321.3.
Reason for amendment: This is a County-wide amendment recommended by the Santa
Clara County Fire Chiefs. This amendment is to provide regulation for the additive
manufacturing industry that has no current method of operations under the current
International or California Fire Code.
SECTION 110.4 VIOLATIONS. AMENDED
110.4 Violation Penalties. Persons who shall violate a provision of this code or shall fail
to comply with any of the requirements thereof or who shall erect, install, alter, repair or
do work in violation of the approved construction documents or directive of the fire code
official, or of a permit or certificate used under the provisions of this code, shall be guilty
of a misdemeanor; provided, however, that where the City Attorney or his or her duly
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authorized agents has determined that such action would be in the best interest of justice,
the City Attorney may specify in the accusatory pleading, citation or amendment thereto
that the violation shall be prosecuted as an infraction. Infraction fines are implemented
pursuant to Gilroy City Code Section 1.7. Each day that a violation continues after due
notice has been served shall be deemed a separate offence.
Reason for amendment: To identify the method and types of enforcement processes to
be used to enforce the code. The model code requires the local agency to insert
appropriate language. The language provided is consistent with the current code and
procedures.
Chapter 2 is adopted in its entirety as amended below.
SECTION 202 GENERAL DEFINITIONS. ADDED
3D Printer. A machine used in the additive manufacturing process for fabricating objects
through the deposition of a material using a print head, nozzle, or another printer
technology.
Additive Manufacturing. A process of joining materials to make objects from 3D model
data, usually layer upon layer, sometimes referred to as 3D printing. The Code recognizes
two types of additive manufacturing:
1. Industrial additive manufacturing. 3D printing operations that typically utilize
combustible powders or metals, an inert gas supply, a combustible dust collection
system, or that create a hazardous (classified) location area or zone outside of the
equipment.
2. Non-industrial additive manufacturing. 3D printing operations that do not create a
hazardous (classified) location area outside of the equipment, and do not utilize an
inert gas supply or a combustible dust collection system.
Corrosive Liquid. Corrosive liquid is:
1. any liquid which, when in contact with living tissue, will cause destruction or
irreversible alteration of such tissue by chemical action; or
2. any liquid having a pH of 2 or less or 12.5 or more; or
3. any liquid classified as corrosive by the U.S. Department of Transportation; or
4. any material exhibiting the characteristics of corrosivity in accordance with Title 22,
California Code of Regulations §66261.22.
All Weather Driving Surface. A roadway designed to carry the imposed weight loads of
fire apparatus (Minimum load of 68,000 pounds) and a minimum surface finish of one
layer of asphalt or concrete or road pavers.
Alteration. Any work done to a structure that increases the fire area of a room or area.
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Driveway. Access road from a public way to a structure that is used for vehicular access,
including fire and emergency vehicles.
Moderately Toxic Gas. A chemical or substance that has a median lethal concentration
(LC50) in air more than 2000 parts per million but not more than 5000 parts per million
by volume of gas or vapor, when administered by continuous inhalation for an hour, or
less if death occurs within one hour, to albino rats weighing between 200 and 300 grams
each.
Other Health Hazard Material. A hazardous material which affects target organs of the
body, including but not limited to, those materials which produce liver damage, kidney
damage, damage to the nervous system, act on the blood to decrease hemoglobin function,
deprive the body tissue of oxygen or affect reproductive capabilities, including mutations
(chromosomal damage), sensitizers or teratogens (effect on fetuses).
Secondary Containment. Secondary containment is that level of containment that is
external to and separate from primary containment and is capable of safely and securely
containing the material, without discharge, for a period of time reasonably necessary to
ensure detection and remedy of the primary containment failure.
Spill Control. That level of containment that is external to and separate from the primary
containment and is capable of safely and securely containing the contents of the largest
container and prevents the materials from spreading to other parts of the room.
Workstation. A defined space or an independent principal piece of equipment using
hazardous materials with a hazard rating of 3 or 4 in accordance with NFPA 70 4 here a
specific function, laboratory procedure or research activity occurs. Approved or listed
hazardous materials storage cabinets, flammable liquid storage cabinets or gas cabinets
serving a work station are included as part of the work station. A work station is allowed
to contain ventilation equipment, fire protection devices, detection devices, electrical
devices and other processing and scientific equipment.
Reason for amendment: This is a County-wide amendment recommended by the Santa
Clara County Fire Chiefs. This maintains the definitions used to regulate Hazardous
Materials and Hazardous Materials Occupancies as used in the City's Hazardous
Materials Ordinance and to stay consistent with the agencies within Santa Clara County
as well as the definitions used State Health and Safety Code Chapter 6.95, Section 25500-
25520, Hazardous Materials.
Chapter 3 is partially adopted with adopted sections listed below. (Sections adopted by the
State Fire Marshal remain unchanged except as modified below)
SECTION 303 ASPHALT KETTLES IS ADOPTED IN ITS ENTIRETY
SECTION 305 IGNITION SOURCES IS ADOPTED IN ITS ENTIRETY
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SECTION 306 MOTION PICTURE PROJECTION ROOMS AND FILM IS
ADOPTED IN ITS ENTIRETY
SECTION 307 OPEN BURNING, RECREATIONAL FIRES, AND PORTABLE
OUTDOOR FIREPLACES IS ADOPTED AS AMENDED BELOW
307.1.1 Prohibited open burning. Open burning, other than cooking, shall be
prohibited.
Exception: [No change]
Reason for amendment: The language provided is consistent with the current code and
procedures.
307.4.1 BONFIRES. AMENDED
307.4.1 Bonfires. Bonfires, other than for cooking purposes, shall be prohibited.
Reason for amendment: The language provided is consistent with the current code and
procedures.
307.4.2 RECREATIONAL FIRES. AMENDED
307.4.2 Recreational Fires. When approved by the fire code official, recreational fires
shall not be conducted within 25 feet (7620 mm) of a structure or combustible material.
Conditions that could cause a fire to spread within 25 feet (7620 mm) of the structure
shall be eliminated prior to ignition. If allowed, all such fires shall require a fire code
permit.
Reason for amendment: The language provided is consistent with the current code and
procedures and allows for the local jurisdiction to require a permit for these activities.
SECTION 308.1.4 OPEN FLAME COOKING DEVICES. AMENDED
308.1.4 Open Flame Cooking Devices. [No change]
Exceptions:
1. Group R-2, R-3, and R-3.1 occupancies
2. [No change]
3. [No change]
Reason for amendment: The language provided is consistent with the current code and
defines the specific one and two family dwellings.
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SECTION 309 POWERED INDUSTRIAL TRUCKS AND EQUIPMENT IS
ADOPTED
SECTION 310 SMOKING IS ADOPTED
SECTION 311 VACANT PREMISES IS ADOPTED
SECTION 315.8 LITHIUM BATTERY STORAGE AND HANDLING. ADDED
315.8 Lithium Battery Storage and Handling. The storage and handling of lithium ion
and lithium metal batteries or cells in quantities exceeding 1,000 pounds (4086 kg) shall
comply with Section 315.8.1 through 315.8.10, and Chapter 32 where applicable.
315.8.1 Permits. Permits shall be required as set forth in Section 105.6.27.
315.8.2 Maximum Quantity in a Fire Area. The aggregate amount of lithium batteries
stored and handled in a single fire area shall not exceed 9,000 pounds (4086 kg).
315.8.3 Construction Requirements. Fire areas shall be separated from each other by
fire barriers having not less than 2-hour fire resistance rating constructed in accordance
with Section 707 of the Building Code and horizontal assemblies constructed in
accordance with Section 711 of the Building Code.
315.8.4 Number of Fire Areas. The maximum number of fire areas within a building
shall be four.
315.8.5 Group H, Division 2 occupancy. Storage and handling of more than 9,000
pounds of lithium batteries per fire area shall be in an approved Group H, Division 2
occupancy constructed in accordance with the Building Code and provided throughout
with approved automatic smoke detection and radiant-energy detection systems.
315.8.6 Automatic Sprinkler System. Buildings containing fire areas used for lithium
battery storage or handling shall be equipped throughout with an approved automatic
sprinkler system in accordance with Section 903.3.1.1. The design of the sprinkler system
within each fire area shall not be less than that required for Extra Hazard Group 2 with a
minimum design area of 2,500 square feet. Where the storage arrangement is required by
other provisions of this code to be provided with a higher level of sprinkler system
protection, the higher level of sprinkler system protection shall be provided.
315.8.7 Automatic smoke detection system. An approved automatic smoke detection
system that activates an approved occupant notification system shall be provided
throughout each fire area in accordance with Section 907.
315.8.8 Radiant energy detection. An approved radiant-energy detection system that
activates an approved occupant notification system shall be installed throughout each fire
area in accordance with Section 907.
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315.8.9 Collection containers. Containers used to collect or store lithium batteries shall
be noncombustible and shall not have an individual capacity exceeding 30 gallons (113.6
L), or be approved for transportation in accordance with the Department of
Transportation (DOT).
315.8.10 Storage configuration. Lithium batteries shall be considered a high-hazard
commodity in accordance with Chapter 32 and where applicable, lithium battery storage
shall comply with Chapter 32 in addition to Section 315.8.
Reason for amendment: This is a County-wide amendment recommended by the Santa
Clara County Fire Chiefs. This amendment is to provide regulation of lithium battery
industry that has no current method of operations under the current international or
California Fire Code.
SECTION 318 LAUNDRY CARTS IS ADOPTED
SECTION 319.1.1 HEALTH DEPARTMENT APPROVAL. ADDED
319.1.1 Health Department Approval. Mobile food preparation vehicles shall display a
Santa Clara County Health Department sticker as prescribed by County Health.
Reason for amendment: This language is consistent with current code for the
regulation of mobile food vehicles.
SECTION 321 ADDITIVE MANUFACTURING. ADDED
321.1 General. Additive manufacturing equipment and operations shall comply with
Section 321.
321.1.1 Scope. Additive manufacturing shall comply with one of the following:
1. Non-industrial additive manufacturing shall comply with Section 321.2.
2. Industrial additive manufacturing shall comply with Section 321.3.
321.1.2 Installation, operation and maintenance. 3D printers and associated additive
manufacturing equipment shall be installed, operated and maintained in accordance with
this Code, the listing and the manufacturer's instructions.
321.1.3 Production materials. Only the production materials listed for use with the
equipment and included in the manufacturer's instructions shall be used.
321.2 Non-industrial additive manufacturing. Non-industrial additive manufacturing
equipment and operations shall comply with Section 321.2.1 through 321.2.4. Additive
manufacturing equipment and operations that do not comply with Section 321.2 shall
comply with Section 321.3.
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321.2.1 Listing. 3D printers used in non-industrial additive manufacturing shall be listed
and labeled in accordance with UL 60950-1, UL 62368-1 or UL 2011. The listing shall
also verify:
1. The 3D printers are self-contained and utilize maximum 30 liter pre-packaged
production materials.
2. The operation of the 3D printers shall not create a hazardous (classified) electrical
area or outside of the unit.
3. If any hazardous (classified) electrical area or zone exists inside of the unit’s outer
enclosure, the area shall be protected by intrinsically safe electrical construction
or other acceptable protection methods.
4. The 3D printers shall not utilize inert gas or an external combustible dust
collection.
321.2.2 Occupancies. Non-industrial additive manufacturing shall be permitted in all
occupancy groups.
321.3 Industrial additive manufacturing. Industrial additive manufacturing equipment
and operations shall comply with Section 321.3.1 through 321.3.13.
321.3.1 Permits required. Permits shall be obtained from the fire code official in
accordance with Section 105.6 prior to engaging in industrial additive manufacturing
operations.
321.3.2 Listing. 3D printers used in industrial additive manufacturing shall be listed and
labeled in accordance with UL 2011 or approved for the application based on a field
evaluation conducted by an approved agency.
321.3.3 Combustible Dusts and Metals. Industrial additive manufacturing operations
that store, use or produce combustible dust, combustible particulate solids or combustible
metals shall comply with Chapter 22 and this section.
321.3.4 Powder Evaluation. Printing powders used in industrial additive manufacturing
operations shall be tested for combustibility in accordance with NFPA 484 or NFPA 652
as applicable. A copy of test reports shall be provided to the fire code official upon
request.
321.3.5 Combustible (non-metallic) Dusts. Industrial additive manufacturing that uses
operations that store, use or produce combustible (non-metallic) dusts shall comply with
NFPA 654.
321.3.6 Combustible Metals. Industrial additive manufacturing operations that store or
use combustible metals shall also comply with NFPA 484.
321.3.7 Ancillary Equipment. Ancillary equipment provided for recycling, sieving,
vacuuming or handling combustible powders shall be designed and approved for such
use.
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321.3.8 Hazardous Materials. Industrial additive manufacturing operations that store or
use hazardous materials exceeding the maximum allowable quantity limits shall comply
with Chapter 50.
321.3.9 Inert Gas. Additive manufacturing processes that utilize inert gases shall comply
with Chapter 53. Ventilation or gas detection shall be provided in accordance with
Section 5307.
321.3.10 Technical Assistance. Where required by the fire code official, a report
evaluating the acceptability of technologies, processes, products, facilities, materials and
uses associated with the operation shall be provided in accordance with 104.7.2 and
approved.
321.3.11 Performance Based Design Alternative. Where approved by the fire code
official, buildings and facilities where industrial additive manufacturing is performed
shall be permitted to comply with the performance-based design options in Section
5001.3 as an alternative to compliance with the other requirements set forth in this
Section.
321.3.12 Occupancies. Industrial additive manufacturing shall only be conducted in the
occupancy groups associated with manufacturing operations. The occupancy may be
required by the fire code official to comply with Chapter 50 maximum allowable quantity
tables. Where approved, the requirements in Sections 321.2.5 and 321.3.6 shall be
permitted to provide the technical basis for determining compliance with Table
5003.1.1(1), footnote q.
321.3.13 Safety Certification. The equipment, process, training procedures and
occupancy associated with industrial additive manufacturing may be required by the fire
code official to receive a safety certification from Underwriter’s Laboratory or equivalent
Reason for amendment: This is a County-wide amendment recommended by the Santa
Clara County Fire Chiefs. This amendment is to provide regulation of additive
manufacturing industry that has no current method of operations under the current
international or California Fire Code.
Chapter 4 is adopted in its entirely as amended below.
SECTION 403 EMERGENCY PREPAREDNESS REQUIREMENTS. AMENDED
403.3.12.3 Crowd Managers. Where facilities or events involving a gathering of more
than 1,000 persons or for events requiring a Gilroy Special Event Permit, crowd
managers shall be provided in accordance with Sections 403.12.3.1 through 403.12.3.3.
The number of Crowd Managers shall be jointly established by the Police and Fire
Departments based on an evaluation of the level of public safety needs for the specific
event or activity.
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Reason for amendment: The language provided is consistent with the current code and
procedures. The amendment allows for the current Special Event Permit process to
evaluate the need for, and number of, crowd managers.
SECTION 405 EMERGENCY EVACUATION DRILLS IS ADOPTED
SECTION 406 EMPLOYEE TRAINING AND RESPONSE PROCEDURES IS
ADOPTED
Chapter 5 is adopted in its entirety as amended below.
SECTION 501.1 SCOPE. AMENDED
501.1 Scope. Fire service features for buildings, structures and premises shall comply
with this chapter, appendix D.
Reason for amendment: The language provided is consistent with the current code and
procedures to include appendix D.
SECTION 503.1 WHERE REQUIRED. AMENDED
503.1 Where Required. Fire apparatus access roads shall be provided and maintained in
accordance with Sections 503.1.1 through 503.1.3 and as per Fire Department Access
Road Standards.
Reason for amendment: This is a County-wide amendment recommended by the Santa
Clara County Fire Chiefs. The amendment allows the city to maintain the current
standard used by the Gilroy Fire Department and the Gilroy City Streets.
SECTION 503.1.2 ADDITIONAL ACCESS. AMENDED
503.1.2 Additional Access. The Fire Chief is authorized to require more than one fire
apparatus access road based on the potential for impairment of a single road by vehicle
congestion, condition of terrain, climatic conditions or other factors that could limit
access. Fire apparatus access roadways to buildings or building projects shall be reviewed
and approved by the fire code official. All EVA’s shall meet engineering design
standards similar to a public roadway or public driveway, and be maintained by the
property owner.
Thresholds for additional access are as follows:
a. For residential developments, there shall be a minimum of two approved fire
access roadways when there are more than 30 one-family, two-family residential
units, or more than 100 multi-family residential units. The Fire Chief will
determine secondary access needs for dwellings in the Wildland Urban Interface
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Fire Area. In no case will more than 10 dwellings exist without a secondary fire
access roadway in a Wildland Urban Interface Fire Area.
b. Where there is an individual building exceeding 3 stories in height or exceeds
62,000 sq. ft. in area, there shall be two separate access roadways to access the
structure.
c. Where a building complex exceeds 120,000 sq. ft. of total building area it shall be
provided with two separate and approved access roadways to the complex.
Reason for amendment: Pursuant to Section 503.1.2 the fire code official is authorized
to determine when more than one fire apparatus access road is required. This amendment
provides maintains the secondary access threshold previously used.
SECTION 503.2.1 DIMENSIONS. AMENDED
503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not
less than 20 feet (6096 mm) exclusive of shoulders, or as required by Appendix D, except
for approved security gates in accordance with Section 503.6, and an unobstructed
vertical clearance of 13 feet 6 inches (4115 mm). Curb cuts for driveways that provide
Fire Apparatus Access shall be 2 feet wider on each side of the driveway (apron
extension). Fire apparatus access road width shall be increased to 26 ft. in width and
minimum distance of 30 ft. from Buildings when the building is 3 stories or greater.
Reason for amendment: This is a County-wide amendment recommended by the Santa
Clara County Fire Chiefs. The amendment allows the city to maintain the current
standard used by the Gilroy Fire Department and the Gilroy City Streets.
SECTION 503.2.5 DEAD ENDS. AMENDED
503.2.5 Dead Ends. Dead-end fire apparatus access roads in excess of 150 feet (45m720
mm) in length shall be provided with an approved turn-around area for turning around the
fire apparatus. The turn-around shall consist of a bulb shaped cul-de-sac that
accommodates the fire apparatus turning radius. Parking of vehicles within the fire
apparatus turning radius shall not be permitted. Obstructions by fences or gates that may
interfere with the use of turn-around are not permitted. Fire Turn-Around parking
restrictions shall be identified by painting the curb red. On private property signage shall
be provided indicating that it is a Fire Turnaround Dead end roads in excess of 750 ft.
require special approval and may be required to have additional apparatus turn outs or
greater width.
Exceptions:
1. An alternative design turn around may be approved when the number of units
served by the turn-around is less than 10 and the design is one of the
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published fire apparatus turn around templates.
2. In the Residential Hillside Zone alternative designs are allowed when they can
be shown to provide a minimum 3 point turn and when approved by the Fire
Chief.
Reason for amendment: This is a Gilroy Fire amendment to maintain the current
standard used by Gilroy Fire Department and Gilroy City Street Standards. Pursuant to
Section 503.25 the Fire Chief is authorized to approve the type of turn around to be
provided.
SECTION 503.2.7 GRADE. AMENDED
503.2.7 Grade. The grade of the fire apparatus road shall not exceed 15%.
Exception:
1. When approved by the Fire Chief for short segments of an access roadway
where the grade does not exceed 18% and will not exceed 50 ft in length and
will not impede the movement of the fire apparatus.
Reason for amendment: The Fire Chief is authorized to establish the grade for fire
apparatus access roads. This is a Gilroy Fire amendment to maintain the current standard
used by Gilroy Fire Department and Gilroy City Street Standards.
SECTION 503.2.2 AUTHORITY. AMENDED
503.2.2 Authority. The Fire Chief shall have the authority to require or permit
modifications to the required access widths and/or vertical clearance where they are
inadequate for fire or rescue operations or where necessary to meet the public safety
objectives of the jurisdiction.
Reason for amendment: This is a County-wide amendment recommended by the Santa
Clara County Fire Chiefs. The amendment allows the use of current city standards by the
Gilroy Fire Department and City Street Standards.
SECTION 503.6 SECURITY GATES. AMENDED
503.6 Security Gates. The installation of security gates across a fire apparatus access
road shall be approved by the Fire Chief. Where security gates are installed they shall
have an approved means of emergency operation. The security gates and the emergency
operation shall be maintained operational at all times. When electronic gates are installed
across one or more of the fire access roadways they shall be provided with automatic
opening devices that can be activated by the fire department during a response to the
location. They shall also be provided with KNOX key over-ride switches. Electric gate
operators, where provided shall be listed in accordance with UL 325. Gates intended for
automatic operation shall be designed, constructed and installed to comply with the
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requirements of ASTM 2200.
Reason for amendment: This is a Gilroy amendment continued from the last code cycle
and it is to maintain consistency with current Gilroy Fire Department Policies for use of
automatic opening devices for new gate installations and for gates in new gated
developments where response time is impeded by lack of guard shacks/security staffing.
This is a Gilroy Fire amendment to maintain the current standard used by Gilroy Fire
Department and Gilroy City Street Standards.
SECTION 503.7 AERIAL FIRE APPARATUS ACCESS ROADS. ADDED
503.7 Aerial fire apparatus access roads. Where the vertical distance between the grade
plane and the highest roof surface exceeds 30 ft. (9144m), approved aerial fire apparatus
access roads shall be provided. For a pitched roof the measurement of the highest roof
surface is to the intersection of the roof to the exterior wall, or the top of a parapet wall,
whichever is greater. At least one of the access routes shall be located a minimum of 15
ft. and a maximum of 30 ft. from the building, and shall be positioned parallel to one
entire side of the building. Overhead utility and power lines shall not be located over the
aerial fire apparatus road and the building. When adequate aerial access cannot be
provided other means shall be provided by alternate methods and /or materials to
compensate for the inadequate access. Such shall include but not be limited to: non-
combustible construction components, area separation walls, and specialized access
components.
Reason for amendment: This is a Gilroy amendment to provide for adequate aerial
access for tall structures for the Fire Department. It is based on model language from the
International Fire Code.
SECTION 504.5 ACCESS CONTROL DEVICES. ADDED
Section 504.5 Access Control Devices. When access control devices including bars,
grates, gates, electric or magnetic locks or similar devices, which would inhibit rapid fire
department emergency access to within and throughout the building, are installed, such
devices shall be approved by the Fire Chief. All electrically powered access control
devices shall be provided with an approved means for deactivation or unlocking from a
single location or as otherwise approved by the Fire Chief.
Access Control devices shall also comply with Chapter 10 Egress.
Reason for amendment: This is a county-wide amendment recommended by the Santa
Clara County Fire Chiefs. The amendment represents no change from the current
standard used by Gilroy for maintaining access to buildings that have security devices
(bars etc.) that impede emergency access.
SECTION 505.1 ILLUMINATION. ADDED
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505.1 Illumination. New buildings shall have illuminated address numbers. Illumination
shall be provided throughout the entire period of darkness.
Reason for amendment: This is a Gilroy amendment to maintain consistency with
current Gilroy Security Ordinance for requiring illuminated addresses for new
construction. The amendment represents no change from the current standard used by
Gilroy.
SECTION 505.3 COMPLEX PREMISE IDENTIIFICATION. ADDED
Section 505.3 Complex Premises Identification. When there are several multi-family
units within a development, or single family units do not face a street or where units have
an alley as the only driveable access (paseo fron tage), an illuminated site diagram shall
be installed at each driveway entrance to the development that shows the location and
addresses of all units and the fire system device locations.
Reason for amendment: This is a Gilroy amendment to maintain consistency with
current Gilroy Security Ordinance for signage for complexes where addressing is
confusing due to building and/or street design. Alley type access developments have the
units addressed from a street, but the alley is typically perpendicular to the street. This
makes identification of the address difficult without having a complex diagram. This
amendment represents no change from the current standard used by Gilroy.
SECTION 507.5 FIRE HYDRANT SYSTEMS. AMENDED
507.5 Fire hydrant systems. Fire hydrants systems shall comply with sections 507.5.1
through 507.5.6 . Hydrants on public streets shall be installed to the City of Gilroy Public
Works Standard Details. Private Fire Hydrant systems shall be installed pursuant to
NFPA 24 and maintained and tested pursuant to NFPA 25 by the property owner. Private
fire hydrant systems shall not share the same water supply lines with a private domestic
supply and shall be on its own separate fire water mains.
Reason for amendment: The Gilroy amendment maintains consistency with current
Gilroy policies and practices.
SECTION 508.1.2 SEPARATION. AMENDED
Section 508.1 Separation. The fire command center shall be separated from the
remainder of the building by not less than a 2-hour fire barrier constructed in accordance
with Section 707 of the International Building Code or horizontal assembly constructed
in accordance with Section 711of the International Building Code, or both.
SECTION 604.12 ELECTRICAL EQUIPMENT, WIRING AND HAZARDS.
ADDED
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604.12 Immersion Heaters. All electrical immersion heaters used in dip tanks, sinks,
vats and similar operations shall be provided with approved over-temperature controls
and low liquid level electrical disconnects. Manual reset of required protection devices
shall be provided.
Reason for amendment: This is a county-wide amendment recommended by the Santa
Clara County Fire Chiefs. It maintains the current standard required for immersion
heaters. Such heaters without emergency shut off were the cause of several fires.
Chapter 9 is adopted in its entirety as amended below.
SECTION 901.6.3. RECORDS. AMENDED
Section 901.6.3 Records. Records of all system inspections, tests and maintenance
required by the referenced standard shall be maintained on the premises for a minimum
of five years. Inspections and tests performed on fire alarm systems shall be documented
on NFPA 72 forms.
Reason for amendment: This amendment maintains the current standard required for
record keeping per NFPA standards.
SECTION 903.2 AUTOMATIC SPRINKLER SYSTEMS - WHERE REQUIRED.
AMENDED
903.2 Automatic Sprinkler Systems. Approved automatic sprinkler systems in new and
existing buildings and structures shall be provided in the locations described in this
Section or in Sections 903.2.1 through 903.2.12 whichever is the more restrictive. For the
purposes of this section, firewalls and fire barriers used to separate building areas shall be
constructed in accordance with the California Building Code and shall be without
openings or penetrations.
1. An automatic sprinkler system shall be installed throughout all new buildings and
structures greater than 1,000 square feet.
Exception: Group S-2 or U occupancies used exclusively for vehicle parking or solar
arrays that do not exceed 5,000 square feet.
2. An automatic sprinkler system shall be provided throughout existing Group A, B, E, F,
I, L, M, R, S and U buildings and structures, when additions are made that increase the
building area by more than 1,000 square feet or the where the resulting area exceeds
3,600 square feet.
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3. Any change of occupancy or change in use of any building when that change in use
would place the building into a more hazardous division of the same occupancy group.
Reason for amendment: This is a county-wide amendment recommended by the Santa
Clara County Fire Chiefs. Additionally, the California Residential Building code
requires all new residential structures, regardless of size to have automatic fire sprinklers.
This amendment also maintains the current standard used in Gilroy.
SECTION 903.1.1 NFPA 13 SPRINKLER SYSTEMS. AMENDED
903.1.1 NFPA 13 sprinkler systems. Where the provisions of this code require that a
building or portion thereof be equipped throughout with an automatic sprinkler system in
accordance with this section, sprinklers shall be installed throughout in accordance with
NFPA 13 except as provided in Section 903.3.1.1 and local standards. For new buildings
having no designated use or tenant, the minimum sprinkler design density shall be
Ordinary Hazard Group 2. Where future use or tenant is determined to require a higher
density, the sprinkler system shall be augmented to meet the higher density.
Reason for amendment: This amendment maintains the current standard used in
Gilroy.
SECTION 903.3.1.3 NFPA 13D SPRINKLER SYSTEMS. AMENDED
903.3.1.3 NFPA 13D Sprinkler systems. Automatic sprinkler systems installed in one-
and two-family dwellings, Group R-3 and R-4 congregate living facilities and
townhouses shall be permitted to be installed throughout in accordance with NFPA 13D
and local water supply standards. An approved signaling device shall be installed on the
exterior and interior of the dwelling. The riser shall be located inside of the garage or an
approved protective enclosure, a pilot head installed in attic spaces and spare head box
with one of each type of fire sprinkler.
Reason for amendment: This amendment maintains the current local standards used in
Gilroy. Residential sprinkler systems do not need to be monitored, how ever, if there is
not a signaling device to warn the occupant or community of the fire sprinkler activation,
the fire sprinkler system can operate for an extended period of time creating significant
water damage to the structure. To protect the riser from damage or tampering they have
been approved only in a protected area. This amendment maintains the current standard
used in Gilroy.
SECTION 907.1.6 FIRE ALARM CERTIFICATION. ADDED
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907.1.6 Certification. New fire alarm systems shall be UL-Certified. A Certificate of
Completion and other documentation as listed in NFPA 72 shall be provided for all new
fire alarm system installations. It is the responsibility of the building owner or owner's
representative to obtain and maintain a current and valid Certificate. The protected
premise shall be issued a UUFX type certification from Underwriters Laboratories (UL).
Reason for amendment: This amendment maintains the current standard required for
record keeping per NFPA standards.
SECTION 907.1.6.1 POSTING OF CERTIFICATE. ADDED
907.1.6.1 Posting of Certificate. The UL certificate required in section 907.1.6 shall be
posted in a durable transparent cover within 3 feet of the fire alarm control panel within
45 days of the final acceptance test/inspection.
SECTION 909.20.1 SMOKE CONTROL SYSTEMS. AMENDED
Section 909.20.1 Schedule. A routine maintenance and operational testing program shall
be initiated immediately after the smoke control system has passed the acceptance tests.
A written schedule for routine maintenance and operational testing shall be established
and both shall occur at least annually.
Chapter 26 is adopted in its entirety without amendment
Chapter 33 is adopted in its entirety as amended below.
SECTION 3304 FIRE WALLS. ADDED
3304.9 Firewalls. When firewalls are required in combustible construction, the wall
construction shall be completed (with all openings protected) immediately after the
building is sufficiently weather-protected at the location of the wall(s).
Reason for amendment: This is a county-wide amendment recommended by the Santa
Clara County Fire Chiefs to provide a consistent standard for ensuring that fire walls are
completed during building construction to provide a level of fire limiting protection prior
to the fire sprinkler system installation. This amendment was first added to the code after
the Santana Row Fire disaster occurred in San Jose. This maintains the same requirement
from prior code adoption cycle.
SECTION 3311 MEANS OF EGRESS. AMENDED
3311.1 Stairways Required. Each level above the first story in multi-story buildings
that require two exit stairways shall be provided with at least two usable exit stairways
after the floor decking is installed. The stairways shall be continuous and discharge to
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grade level. Stairways serving more than two floor levels shall be enclosed (with
openings adequately protected) after exterior walls/windows are in place. Exit stairs in
new and in existing, occupied buildings shall be lighted and maintained clear of debris
and construction materials at all times.
Exception: For multi-story buildings, one of the required exit stairs may be obstructed on
not more than two contiguous floor levels for the purposes of stairway construction (i.e.,
installation of gypsum board, painting, flooring, etc.).
Reason for amendment: This is a county-wide amendment recommended by the Santa
Clara County Fire Chiefs to provide a consistent standard for ensuring that fire walls are
completed during building construction to provide exit stairways during the construction
of any multi-story building. This maintains the same requirement from prior code
adoption cycle.
SECTION 3311.1.1 REQUIRED MEANS OF EGREE. ADDED
3311.1.1 Required Means of Egress. All buildings under construction shall have at least
one unobstructed means of egress. All means of egress shall be identified in the pre-fire
plan. See Section 3308.2.
Reason for amendment: This is a county-wide amendment recommended by the Santa
Clara County Fire Chiefs to provide a consistent standard for ensuring adequate means of
egress are provided during construction.
Chapter 49 is adopted in its entirety as amended below.
SECTION 4902 DEFINITIONS. AMENDED
Wildland-urban Interface Fire Area. A geographical area identified by the state as a
“Fire Hazard Severity Zone” in accordance with the Public Resources Code Sections
4201 through 4204 and Government Code Sections 51175 through 51189, or other areas
designated by the enforcing agency to be at a significant risk from wildfires. See Article
86B for the applicable referenced sections of the Government Code and the Public
Resources Code. The Wildland-Urban Interface Fire Area shall be defined as all areas
within the City/Town of (City of Gilroy) as set forth and delineated on the map entitled
"Wildland-Urban Interface Fire Area” which map and all notations, references, data and
other information shown thereon are hereby adopted and made a part of this chapter. The
map properly attested, shall be on file in the Office of the City/Town Clerk of the
City/Town of (City of Gilroy).
SECTION 4905.3 ESTABLISHED LIMITS. AMENDED
4905.3 Established limits. Establishment of Limits. The establishment of limits for the
Wildland-Urban Interface Area’s required construction methods shall be designated
pursuant to the California Public Resources Code for State Responsibility areas, and in
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the City of Gilroy the areas designated as Residential Hillside (RH) zoning are so
designated based on their topography, vegetation, climatic and proximity to State
Responsibility areas which make these methods necessary for effective fire protection
within this area. The Residential Hillside Zoning areas are designated as the “City of
Gilroy Wildland-Urban Interface Fire Area” and subject to the construction methods of
Section 4905.2.
Reason for amendment: The model code requires the local agency to insert appropriate
language to identify the area designated as Wildland Urban Interface Fire Area. The city
zoning code establishes the RH – Residential Hillside Zoning District. These areas are
adjacent to the State Responsibility Areas (SRA), are in heavily vegetated, steep and
limited access areas, with large areas of unmanaged vegetation. This amendment
maintains the current standard used in Gilroy.
SECTION 4906 HAZARDOUS VEGETATION AND FUEL MANAGEMENT.
AMENDED
4906.2 Application. Buildings and structures located in the following areas shall
maintain the required hazardous vegetation and fuel management:
1. All unincorporated lands designated by the State Board of Forestry and Fire
Protection as State Responsibility Areas (SRA) including:
1.1. Moderate Fire Hazard Severity Zones
1.2. High Fire Hazard Severity Zones
1.3. Very-High Fire Hazard Severity Zones
1. Land designated as a Very-High Fire Hazard Severity Zone or designated “City of
Gilroy Wildland-Urban Interface Fire Area” as established in Section 4905.3.
2. Areas designated as High Fire Hazard Severity Zones and adjacent to “City of
Gilroy Wildland-Urban Interface Fire Area” may be subject to all or part of the
hazardous vegetation and fuel management requirements when determined
necessary by the Fire Chief.
Reason for amendment: The model code requires the local agency to insert appropriate
language to identify the areas where vegetation and fuel management is applicable. This
amendment maintains the current standard used in Gilroy.
SECTION 4906.3.1 PROHIBITED PLANTS. ADDED
4906.3.1 Prohibited Plants. The Fire Chief may designate plants that are prohibited
from being used in landscaping in the City of Gilroy Wildland Urban Interface Fire areas
or areas adjacent to those areas pursuant to Section 4906.2. The prohibited plants list
shall be available from the Fire Prevention Office, Building Permit Office, and each Fire
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Station. The list shall be updated from time to time by the Fire Chief.
Reason for amendment: This is a Gilroy Fire amendment to include the existing
Prohibited Plant Policy that has been in effect in the Residential Hillside Areas. This
amendment maintains the same list and procedure for limiting vegetation that can create
an unmanageable fire protection situation during a wildfire.
SECTION 4907 DEFENSIBLE SPACE. AMENDED
4907.1 General. Defensible space will be maintained around all buildings and structures
in Sate Responsibility Area (SRA) as required in Public Resources Code 4290 and “SRA
Fire Safe Regulations” California Code of Regulations, Title 14, Division 1.5, Chapter 7,
Subchapter 2, Section 1270.
Buildings and structures within the Very-High Fire Hazard Severity Zones of a Local
Responsibility Area (LRA) and in the City of Gilroy Wildland-Urban Interface Fire Area
shall maintain defensible space as outlined in Government Code 51175 – 51189 and any
local ordinance of the authority having jurisdiction.
Persons owning, leasing, controlling, operating or maintaining buildings or structures in
the locally adopted Wildland-Urban Interface Fire Area but that are not within the Very-
High Fire Hazard Severity Zone and persons owning, leasing or controlling land adjacent
to such buildings or structures, shall at all times:
1. Maintain an effective defensible space by removing and clearing away flammable
vegetation and combustible growth from areas within 30 feet (9144 mm) of such
buildings or structures.
Exception: Single specimens of trees, ornamental shrubbery or similar plants used as
ground covers, provided that they do not form a means of rapidly transmitting fire
from the native growth to any structure.
2. Maintain additional effective defensible space by removing brush, flammable
vegetation and combustible growth located 30 feet to 100 feet (9144 mm to 30480
mm) when required by the fire code official due to steepness of terrain or other
conditions that would cause a defensible space of only 30 feet (9144 mm) to be
insufficient.
Exception: Grass and other vegetation located more than 30 feet (9144 mm) from
buildings or structures and less than 18 inches (457 mm) in height above the ground
need not be removed where necessary to stabilize the soil and prevent erosion.
3. Remove portions of trees, which extend within 10 feet (3048 mm) of the outlet of a
chimney.
4. Maintain trees adjacent to or overhanging a building free of deadwood; and
5. Maintain the roof of a structure free of leaves, needles or other dead vegetative
growth.
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6. Defensible space shall also be provided around water tank structures, water supply
pumps and pump houses.
7. Remove flammable vegetation a minimum of 10 feet around liquefied petroleum gas
tanks/containers.
8. Firewood and combustible materials shall not be stored in unenclosed spaces beneath
buildings or structures, or on decks or under eaves, canopies or other projections or
overhangs. The storage of firewood and combustible material within the defensible
space shall be located a minimum of 30 feet (6096 mm) from structures and separated
from the crown of trees by a minimum horizontal distance of 15 feet (4572 mm).
Exception: Firewood and combustible materials not for consumption on the premises
shall be stored as approved by the Fire Chief.
9. Clear areas within 10 feet (3048 mm) of fire apparatus access roads and driveways to
of non-fire-resistive vegetation growth.
Exception: Grass and other vegetation located more than 30 feet (9144 mm) from
buildings or structures and less than 18 inches (457 mm) in height above the ground
need not be removed where necessary to stabilize the soil and prevent erosion.
Reason for amendment: The model code provides for the local agency to insert
appropriate language to identify the location and criteria for maintaining defensible space
areas where vegetation and fuel management is applicable. Portions of this were part of
the Santa Clara County Fire Chiefs Countywide amendments. This amendment maintains
the current standard used in Gilroy.
SECTION 4907.2 CORRECTIVE ACTIONS. ADDED
4907.2 Corrective Actions. The executive body is authorized to instruct the fire code
official to give notice to the owner of the property upon which conditions regulated by
Section 4907.1 exist to correct such conditions. If the owner fails to correct such
conditions the executive body is authorized to cause the same to be done and make the
expense of such correction a lien upon the property where such conditions exist.
Reason for amendment: This is a county-wide amendment recommended by the Santa
Clara County Fire Chiefs to provide a consistent standard for enforcement of sections of
the Wildland-Urban Interface (WUI) code similar to the abatement of weeds under the
City/County weed abatement codes. Currently there is not a mechanism for enforcement
of abating non weed WUI violations, which could threaten public safety.
SECTION 4908 FIRE PROTECTION PLAN. ADDED
4908.1 General. When required by the Fire Chief, a fire protection plan shall be
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prepared.
4908.2 Content. The plan shall be based upon a site-specific wildfire risk assessment that
includes considerations of location, topography, aspect, flammable vegetation, climatic
conditions and fire history. The plan shall address water supply, access, building ignition
and fire-resistance factors, fire protection systems and equipment, defensible space and
vegetation management.
4908.3 Cost. The cost of fire protection plan preparation and review shall be the
responsibility of the applicant.
4908.4 Plan Retention. The fire protection plan shall be retained by the fire code official
and shall be maintained by the Property Owner and any HOA o r Property Management
Company.
Reason for amendment: This section is part of the Santa Clara County Fire Chiefs
Countywide amendments. This amendment maintains the current standard used in Gilroy.
SECTION 4910 IGNITION SOURCE CONTROL. ADDED
4910 Fireworks. Fireworks shall not be used or possessed in the Wildland-Urban
Interface Fire Area.
SECTION 4909 WATER SUPPLY AND FIRE PROTECTION. ADDED
4909.1 General. Buildings and structures, or portions thereof, hereafter constructed or
relocated into or within the Wildland-Urban Interface Fire Area shall be provided with a
fire sprinkler systems and fire protection water supplies in accordance with Chapter 5 and
the sprinkler requirements in Chapter 9 as amended.
Exception: Buildings used as carports, sheds and agricultural uses with a building area of
not more than 500 square feet (56 m2).
Reason for amendment: This section is part of the Santa Clara County Fire Chiefs
Countywide amendments. It also maintains the prior Hillside sprinklering requirement in
Gilroy.
SECTION 4910 IGNITION SOURCE CONROL. ADDED
4910.1 Fireworks. Fireworks shall not be used or possessed in the Gilroy Wildland-
Urban Interface Fire Area or in those areas designated pursuant to 4906.2(3) as
presenting a proximity to Gilroy Wildland-Urban Interface Fire Areas.
4910.2 Wood Burning. Wood shall not be used in outdoor fire places, outdoor fire pits,
or outdoor BBQ’s in the Gilroy Wildland-Urban Interface Fire Area.
4910.3 Off Road Motorized Vehicles. Motorized vehicles shall not be operated on
unpaved paths or roadways and going through brush covered areas in Gilroy Wildland-
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Urban Interface Fire Areas. The Fire Chief may require that access to open spaces by off
road vehicles be managed by property owners.
Exception: Local, State and Federal Agency Vehicles on official business in the areas,
or property owners or contractors that are provided consent by a property owner in order
to conduct property maintenance or construction activities. Such activities shall be done
with care to prevent hot vehicle parts from contacting dry or dead grass or brush.
Reason for amendment: This amendment includes the policies that had been in effect
in Gilroy for Residential Hillside Hazardous Fire areas. The Hazardous Fire Area is now
replaced with the Wildland Urban Interface (WUI) Fire Area. This amendment maintains
the same policies for limiting sources of ignition that can create an unmanageable fire
risk in the WUI areas. It also includes a prohibition for off-road vehicles that are often
found to be using the undeveloped areas in the Residential Hillside areas for recreational
purposes, creating a fire risk in areas where there is limited or no water supply or access
to the Fire Department. This amendment maintains the current standard in Gilroy.
Chapter 50 is adopted in its entirety as amended below.
SECTION 5001 GENERAL AMENDED
5001.2.2.2 Health Hazards. The material categories listed in this section are classified as
health hazards. A material with a primary classification as a health hazard can also pose
a physical hazard.
1. Highly toxic and toxic materials.
2. Corrosive materials.
3. Moderately toxic gas.
4. Other health hazards.
SECTION 5001.5.3 HAZARDOUS MATERIALS BUSINESS PLAN. ADDED
5001.5.3 Hazardous Materials Business Plan. Facilities that are required to submit
Hazardous Materials Business Plan (HMBP) are required by Health and Safety Code
(HSC), Chapter 6.95, section 25500 through 25545, and Title 19, Division 2, Chapter 4,
and facilities are required to maintain a hazardous materials-related permit in accordance
with section 105.6 of this code, shall electronically submit an HMBP every year on or by
the last day of the assigned month and no less frequently than that required by the HSC.
Exception: The following facilities hall electronically submit an HMBP at least once
every three years on or by the last day of the assigned month and no less frequently than
that required by the HSC.
1. Cell tower sites.
2. Facilitates with no other hazardous materials permits other than a permit for
carbon dioxide system used on beverage dispensing.
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3. Dental offices with no otter hazardous materials permits other than a permit
for a fixed medical gas system and/or small quantity waste generator permit.
Reason for amendment: This is a county-wide amendment recommended by the Santa
Clara County Fire Chiefs to provide a consistent standard for reporting of hazardous
materials and in conformance with Health and Safety Code requirements.
SECTION 5003.1.3.1 TOXIC, HIGHLY TOXIC, MODERATELY TOXIC AND
SIMILARLY USED OR HANDLED MATERIALS. ADDED
5003.1.3.1 Toxic, Highly Toxic, Moderately Toxic Gases and Similarly Used or
Handled Materials. The storage, use and handling of toxic, highly toxic and moderately
toxic gases in amounts exceeding Table 5003.1.1(2) or 5003.1.1(4) shall be in accordance
with this chapter and Chapter 60. Any toxic, highly toxic or moderately toxic material
that is used or handled as a gas or vapor shall be in accordance with the requirements for
toxic, highly toxic or moderately toxic gases.
SECTION 5003.1.5 OTHER HEALTH HAZARDS. ADDED
5003.1.5 Other Health Hazards. The storage, use and handling of materials classified as
other health hazards including carcinogens, irritants and sensitizers in amounts exceeding
810 cubic feet for gases, 55 gallons for liquids and 5,000 pounds for solids shall be in
accordance with Section 5003 and Section 5001.
SECTION 5003.1.6 ADDITIONAL SPILL CONTROL AND SECONDARY
CONTAINMENT REQUIREMENTS. ADDED
5003.1.6 Additional Spill Control and Secondary Containment Requirements. In
addition to the requirements set forth in Section 5004.2. An approved containment system
is required for any quantity of hazardous materials that are liquids or solids at normal
temperature, and pressure (NTP) where a spill is determined to be a plausible event and
where such an event would endanger people, property or the environment. The approved
containment system may be required to include a combination of spill control and
secondary containment meeting the design and construction requirements set forth in
Section 5004.2.
SECTION 5003.2.2.1 DESIGN AND CONSTRUCTION. AMENDED
5003.2.2.1 Design and Construction. Piping, tubing, valves, fittings and related
components used for hazardous materials shall be in accordance with the following:
1. Piping, tubing, valves, fittings and related components shall be designed and
fabricated from materials compatible with the material to be contained and shall be of
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adequate strength and durability to withstand the pressure, structural and seismic
stress, and exposure to which they are subject.
2. Piping and tubing shall be identified in accordance with ASME A13.1 and the Santa
Clara County Fire Chiefs Marking Requirements and Guidelines for Hazardous
Materials and Hazardous Waste to indicate the material conveyed.
3. Readily accessible manual valves or automatic remotely activated fail-safe
emergency shutoff valves shall be installed on supply piping and tubing at the
following locations:
3.1.1. The point of use.
3.1.2. The tank, cylinder or bulk use.
4. Manual emergency shutoff valves and controls for remotely activated emergency
shutoff valves shall be identified and the location shall be clearly visible accessible
and indicated by means of a sign.
5. Backflow prevention or check valves shall be provided when the backflow of
hazardous materials could create a hazardous condition or cause the unauthorized
discharge of hazardous materials.
6. Where gases or liquids having a hazard ranking of:
Health hazard Class 3 or 4
Flammability Class 4
Reactivity Class 4
In accordance with NFPA 704 are carried in pressurized piping above 15 pounds per
square inch gauge (psig)(103 Kpa), an approved means of leak detection, emergency
shutoff or excess flow control shall be provided. Where the piping originates from
within a hazardous material storage room or area, the excess flow control shall be
located within the storage room or area. Where the piping originates from a bulk
source, the excess flow control shall be located as close to the bulk source as
practical.
Exceptions:
1. Piping for inlet connections designed to prevent backflow.
2. Piping for pressure relief devices.
7. Secondary containment or equivalent protection from spills or leaks shall be provided
for piping for liquid hazardous materials and for highly toxic and toxic corrosive
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gases above threshold quantities listed in Tables 6004.2 and 6004.3. Secondary
containment includes, but is not limited to double-walled piping.
Exceptions:
1. Secondary containment is not required for toxic corrosive gases if the piping
is constructed of inert materials.
2. Piping under sub-atmospheric conditions if the piping is equipped with an
alarm and fail-safe-to-close valve activated by a loss of vacuum.
8. Expansion chambers shall be provided between valves whenever the regulated gas
may be subjected to thermal expansion. Chambers shall be sized to provide protection
for piping and instrumentation and to accommodate the expansion of regulated
materials.
SECTION 5003.2.2.2 ADDITIONAL REGULATION FOR SUPPLY PIPING FOR
HEALTH HAZARD MATERIALS. AMENDED
5003.2.2.2 Additional Regulation for Supply Piping for Health Hazard Materials.
Supply piping and tubing for gases and liquids having a health hazard ranking of 3 or 4
shall be in accordance with ASME B31.3 and the following:
1. Piping and tubing utilized for the transmission of toxic, highly toxic, or highly
volatile corrosive liquids and gases shall have welded or brazed connections
throughout except for connections within an exhausted enclosure if the
material is a gas, or an approved method of drainage or containment is
provided for connections if the material is a liquid.
2. Piping and tubing shall not be located within corridors, within any portion of a
means of egress required to be enclosed in fire-resistance-rated construction or
in concealed spaces in areas not classified as Group H Occupancies.
Exception: Piping and tubing within the space defined by the walls of
corridors and the floor or roof above or in concealed space above other
occupancies when installed in accordance with Section 415.8.6.3 of the
California Building Code as required for Group H, Division 5 Occupancies.
3. All primary piping for toxic, highly toxic and moderately toxic gases shall
pass a helium leak test of 1x10-9 cubic centimeters/second where practical, or
shall pass testing in accordance with an approved, nationally recognized
standard. Tests shall be conducted by a qualified "third party" not involved
with the construction of the piping and control systems.
SECTION 5003.3.1 UNATHORIZED DISCHARGES. AMENDED
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5003.3.3.1 Unauthorized discharges. In the event hazardous materials are released in
quantities reportable under state, federal or local regulations or when there is release or a
threatened release that presents a threat to health, property or the environment, the fire
code official shall be notified immediately in an approved manner and the following
procedures required in accordance with Sections 5003.3.1.1 through 5003.3.1.4.
SECTION 5003.5.2 VENTILLATION DUCTING. ADDED
5003.5.2 Ventilation Ducting. Ducts venting hazardous materials operations shall be
labeled with the hazard class of the material being vented and the direction of flow.
SECTION 5003.5.3 “H” OCCUPANCIES. ADDED
5003.5.3 “H” Occupancies. In "H" occupancies, all piping and tubing may be required to
be identified when there is any possibility of confusion with hazardous materials transport
tubing or piping. Flow direction indicators are required.
SECTION 5003.9.11 FIRE EXTINGUISHING SYSTEMS FOR WORKSTATIONS
DISPENSING, HANDLING OR USING HAZARDOUS MATERIALS. ADDED
5003.9.11 Fire Extinguishing Systems for Workstations Dispensing, Handling or
Using Hazardous Materials. Combustible and non-combustible workstations, which
dispense, handle or use hazardous materials, shall be protected by an approved automatic
fire extinguishing system in accordance with Section 2703.10.
Exception: Internal fire protection is not required for Biological Safety Cabinets that
carry NSF/ANSI certification where quantities of flammable liquids in use or storage
within the cabinet do not exceed 500ml.
SECTION 5003.10.4 ELEVATORS USED TO TRANSPORT HAZARDOUS
MATERIALS. AMENDED
5003.10.4.3 Highly toxic, toxic, moderately toxic gases, asphyxiate gases, and corrosive
gases shall be limited to a container of a maximum water capacity of 1 lb.
SECTION 5004.2.1 STORAGE. AMENDED
5004.2.1 Spill Control for Hazardous Material Liquids. Rooms, buildings or areas
used for storage of hazardous material liquids shall be provided with spill control to
prevent the flow of liquids to adjoining areas. Floors in indoor locations and similar
surfaces in outdoor locations shall be constructed to contain a spill from the largest single
vessel by one of the following methods:
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1. Liquid-tight sloped or recessed floors in indoor locations or similar areas in
outdoor locations.
2. Liquid-tight floors in indoor and outdoor locations or similar areas provided with
liquid-tight raised or recessed sills or dikes.
3. Sumps and collection systems, including containment pallets in accordance with
Section 5004.2.3.
4. Other approved engineered systems.
Except for surfacing, the floors, sills, dikes, sumps and collection systems shall be
constructed of noncombustible material, and the liquid-tight seal shall be compatible with
the material stored. When liquid-tight sills or dikes are provided, they are not required at
perimeter openings having an open-grate trench across the opening that connects to an
approved collection system.
SECTION 5004.2.2. INCOMPATIBLE MATERIALS
5004.2.2. Incompatible Materials. Incompatible shall be separated from each other in
independent secondary containment systems.
SECTION 5004.2.3 CONTAINMENT PALLETS. AMENDED
5004.2.3 Containment Pallets. Combustible containment pallets shall not be used inside
buildings to comply with Section 5004.2 where the individual container capacity exceeds
55 gallons (208 L) or an aggregate capacity of multiple containers exceeds 1,000 gallons
(3785 L) for liquids or where the individual container capacity exceeds 550 pounds (250
kg) or an aggregate of multiple containers exceeds 10,000 pounds (4540 kg) for solids.
Where used as an alternative to spill control and secondary containment for outdoor
storage in accordance, with the exception in Section 5004.2, containment pallets shall
comply with all of the following:
1. A liquid-tight sump accessible for visual inspection shall be provided;
2. The sump shall be designed to contain not less than 66 gallons (250L);
3. Exposed surfaces shall be compatible with material stored;
4. Containment pallets shall be protected to prevent collection of rainwater within
the sump of the containment pallet.
Reason for amendment: Chapter 50 is a county-wide amendment recommended by the
Santa Clara County Fire Chiefs. It maintains the current standards adopted as part of the
Santa Clara County Hazardous Materials Ordinance and maintains consistency with the
Hazardous Materials Release Response Regulations in the California Health and Safety
Code. It will maintain the current standard used in Gilroy.
Chapter 56 is adopted in its entirety as amended below.
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SECTION 5601.1.3 FIREWORKS. AMENDED
5601.1.3 Fireworks. The possession, manufacture, storage, sale, handling, and use of
fireworks, including those fireworks classified as Safe and Sane by the California State
Fire Marshal, are prohibited.
Exception: The use of fireworks for fireworks displays as allowed in Section 5608 and
the sale and use of Safe and Sane Fireworks pursuant to Gilroy City Code Section 10.A.
Reason for amendment: This exception maintains that safe and sane fireworks may be
stored, used and sold during the 4th of July and in conformance to Chapter 10A of the
Gilroy City Code.
Chapter 57 is adopted in its entirety as amended below.
SECTION 5704 STORAGE. AMENDED
5704.2.7.5.8 Overfill Prevention. An approved means or method in accordance with
Section 5704.2.9.7.5 shall be provided to prevent the overfill of all Class I, II and IIIA
liquid storage tanks. Storage tanks in refineries, bulk plants or terminals regulated by
Sections 5706.4 or 5706.7 shall have overfill protection in accordance with API 2350.
An approved means or method in accordance with Section 5704.2.9.7.5 shall be provided
to prevent the overfilling of Class IIIB liquid storage tanks connected to fuel-burning
equipment inside buildings.
Exception: Outside aboveground tanks with a capacity of 1320 gallons (5000 L) or
less need only comply with Section 5704.2.9.7.5.1 (1.1)
Reason for amendment: This is a county-wide amendment recommended by the Santa
Clara County Fire Chiefs. It maintains the current standards adopted as part of the Santa
Clara County Hazardous Materials Ordinance and maintains consistency with the
Hazardous Materials Release Response Regulations in the California Health and Safety
Code. It will maintain the current standard used in Gilroy.
SECTION 5704.2.7.5.9 AUTOMATIC FILLING OF TANKS. ADDED
5704.2.7.9 Automatic Filling of Tanks. Systems that automatically fill flammable or
combustible liquid tanks shall be equipped with overfill protection, approved by the fire
code official that sends an alarm signal to a constantly attended location and immediately
stops the filling of the tank. The alarm signal and automatic shutoff shall be tested on an
annual basis and records of such testing shall be maintained on-site for a period of five
(5) years.
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Reason for amendment: This is a county-wide amendment recommended by the Santa
Clara County Fire Chiefs. It maintains the current standards adopted as part of the Santa
Clara County Hazardous Materials Ordinance and maintains consistency with the
Hazardous Materials Release Response Regulations in the California Health and Safety
Code. It will maintain the current standard used in Gilroy.
SECTION 5707.3.3 SITE PLAN. AMENDED
5707.3.3 Site Plan. A site plan shall be developed for each location at which mobile
fueling occurs. The site plan shall be in sufficient detail to indicate: all buildings,
structures, lot lines, property lines and appurtenances on site and their use and function;
all uses adjacent to the lot lines of the site; fueling locations, the locations of all storm
drain openings and adjacent waterways or wetlands; information regarding slope, natural
drainage, curbing, impounding and how a spill will be kept on the site property; and the
scale of the site plan.
Reason for amendment: This is a county-wide amendment recommended by the Santa
Clara County Fire Chiefs. It provides a regulatory process for the new business model of
mobile on demand personal motor vehicle fueling.
Chapter 58 is adopted in its entirety as amended below.
SECTION 5809.3.4 SITE PLAN. AMENDED
5809.3.4 Site Plan. For other than emergency roadside service, a site plan shall be
developed for each location at which mobile gaseous hydrogen fueling occurs. The site
plan shall be in sufficient detail to indicate: all buildings, structures, lot lines, property
lines and appurtenances on site and their use and function, and the scale of the site plan.
Reason for amendment: This is a county-wide amendment recommended by the Santa
Clara County Fire Chiefs. It provides a regulatory process for the new business model of
mobile on demand personal motor vehicle fueling.
Chapter 60 is adopted in its entirety as amended below.
SECTION 6001.1 GENERAL. AMENDED
6001.1 Scope. The storage and use of highly toxic, toxic and moderately Toxic
materials shall comply with this chapter. Compressed gases shall also comply with
Chapter 53.
Exception:
1. Display and storage in Group M and storage in Group S occupancies complying
with Section 5003.1 1.
2. Conditions involving pesticides or agricultural products as follows:
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2.1 Application and release of pesticide, agricultural products and materials
intended for use in weed abatement, erosion control, soil amendment or
similar applications when applied in accordance with the
manufacturer’s instruction and label directions.
2.2 Transportation of pesticides in compliance with the Federal
Hazardous Materials Transportation Act and regulations thereunder.
2.3 Storage in dwellings or private garages of pesticides registered by the
U.S. Environ- mental Protection Agency to be utilized in and around
the home, garden, pool, spa and patio.
SECTION 6004.1 GENERAL. AMENDED
6004.1 General. The storage and use of highly toxic, toxic, and moderately
toxic compressed gases shall comply with this section.
6004.1.1 Special limitations for indoor storage and use by occupancy. The
indoor storage and use of highly toxic, toxic, and moderately toxic
compressed gases in certain occupancies shall be subject to the limitations
contained in Sections 6004.1.1 .1 through 6004.1.1 .3.
6004.1.1.1 Group A, E, I or U occupancies. Moderately toxic, toxic and
highly toxic compressed gases shall not be stored or used within Group A,
E, I or U occupancies.
Exception: Cylinders not exceeding 20 cubic feet (0.566 m3) at normal
temperature and pressure (NTP) are allowed within gas cabinets or fume
hoods.
6004.1.1.2 Group R occupancies. Moderately toxic, toxic, and highly toxic
compressed gases shall not be stored or used in Group R occupancies.
6004.1.1.3 Offices, retail sales and classrooms. Moderately toxic, toxic and
highly toxic compressed gases shall not be stored or used in offices, retail
sales or classroom portions of Group B, F, M or S occupancies.
Exception: In classrooms of Group B occupancies, cylinders with a capacity not
exceeding 20 cubic feet (0.566 m3) at NTP are allowed in gas cabinets or fume
hoods.
SECTION 6004.2 INDOOR STORAGE AND USE. AMENDED
6004.2 Indoor Storage and Use. The indoor storage and use of highly toxic, toxic,
and moderately toxic compressed gases shall be in accordance with Sections
6004.2.1 through 6004.2.4.
SECTION 6004.2.1 APPLICABILITY. AMENDED
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6004.2.1 Applicability. The applicability of regulations governing the indoor storage
and use of highly toxic, toxic, and moderately toxic compressed gases shall be as set
forth in Sections 6004.2.1.1 through 6004.2.1.4.
SECTION 6004.2.1.4 QUANTITIES EXCEEDING THE MINIMUM
THRESHOLD QUANTITIES BUT NOT EXCEEDING THE MAXIMUM
ALOWABLE QUANTITIES PER CONTROL AREAS. ADDED
6004.2.1.4 Quantities exceeding the minimum threshold quantities but not
exceeding the maximum allowable quantities per control area. The indoor
storage or use of highly toxic, toxic, and moderately toxic gases in amounts
exceeding the minimum threshold quantities per control area set forth in Table
6004.2.1.4 but not exceeding maximum allowable quantity per control area set
forth in Table 5003.1 .1(2) shall be in accordance with Sections 5001, 5003,
6001, 6004.1, an d 6004.4
ADD TABLE 6004.2.1.4 MINIMUM THRESHOLD QUANTITIES FOR HIGHLY
TOXIC, TOXIC AND MODERATELY TOXIC GASES FOR INDOOR STORAGE
AND USE. ADDED
Minimum Threshold Quantities for Highly Toxic, Toxic and Moderately Toxic
Gases for Indoor Storage and Use
Highly Toxic 20 cubic feet
Toxic 405 cubic feet
Moderately Toxic 405 cubic feet
SECTION 6004.4 GENERAL INDOOR REQUIREMENTS. ADDED
6004.4 General Indoor Requirements. The general requirements applicable to the
indoor storage and use of highly toxic, toxic, and moderately toxic compressed gases
shall be in accordance with Sections 6004.4 through 6004.4.8.2
SECTION 6004.4.1 CYLINDER AND TANK LOCATION. ADDED
6004.4.1 Cylinder and Tank Location. Cylinders shall be located within gas
cabinets, exhausted enclosures or gas rooms. Portable and stationary tanks shall be
located within gas rooms or exhausted enclosures.
Exceptions:
1. Where a gas detection system is provided in accordance with 6004.4.8
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SECTION 6004.4.2 VENTILATED AREAS. ADDED
6004.4.2. Ventilated Areas. The room or area in which gas cabinets or exhausted
enclosures are located shall be provided with exhaust ventilation. Gas cabinets or
exhausted enclosures shall not be used as the sole means of exhaust for any room or area.
SECTION 6004.4.3 PIPING AND CONTROLS. ADDED
6004.4.3. Piping and Controls. In addition to the requirements of Section 5003.2.2,
piping and controls on stationary tanks, portable tanks, and cylinders shall comply with
the following requirements:
1. Stationary tanks, portable tanks, and cylinders in use shall be provided with a means
of excess flow control on all tank and cylinder inlet or outlet connections.
Exceptions:
1. Inlet connections designed to prevent backflow.
2. Pressure relief devices.
SECTION 6004.4.4 GAS ROOMS. ADDED
6004.4.4 Gas rooms. Gas rooms shall comply with Section 5003.8.4 and both of the
following requirements:
1. The exhaust ventilation from gas rooms shall be directed to an exhaust system.
2. Gas rooms shall be equipped with an approved automatic sprinkler system.
Alternative fire- extinguishing systems shall not be used.
SECTION 6004.4.5 TREATMENT SYSTEMS. ADDED
6004.4.5 Treatment systems. The exhaust ventilation from gas cabinets, exhausted
enclosures and gas rooms, required in Section 6004.4.1 shall be directed to a treatment
system. The treatment system shall be utilized to handle the accidental release of gas and
to process exhaust ventilation. The treatment system shall be designed in accordance with
Sections 6004.2.2.7.1 through 6004.2.2.7.5 and Chapter 5 of the California Mechanical
Code.
Exceptions:
1. Highly toxic, toxic, and moderately toxic gas storage. A treatment system is not
required for cylinders, containers and tanks in storage where all of the following
controls are provided:
1.1 Valve outlets are equipped with gas- tight outlet plugs or caps.
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1.2 Hand wheel-operated valves have handles secured to prevent movement.
1.3 Approved containment vessels or containment systems are provided in
accordance with Section 6004.2.2.3.
2. Highly toxic, toxic, and moderately toxic gases —use. Treatment systems are not
required for highly toxic, toxic, and moderately toxic gases supplied by stationary
tanks, portable tanks, or cylinders where a gas detection system complying with
Section 6004.4.8 and listed or approved automatic-closing fail- safe valves are
provided. The gas detection system shall have a sensing interval not exceeding 5
minutes. Automatic-closing fail- safe valves shall be located immediately adjacent to
cylinder valves and shall close when gas is detected at the permissible exposure limit
(PEL) by a gas sensor monitoring the exhaust system at the point of discharge from
the gas cabinet, exhausted enclosure, ventilated enclosure or gas room.
SECTION 6004.4.5.1 DESIGN. ADDED
6004.4.5.1 Design. Treatment systems shall be capable of diluting, adsorbing, absorbing,
containing, neutralizing, burning or otherwise processing the contents of the largest
single vessel of compressed gas. Where a total containment system is used, the system
shall be designed to handle the maximum anticipated pressure of release to the system
when it reaches equilibrium.
SECTION 6004.4.5.2 PERFORMANCE. ADDED
6004.4.5.2. Performance. Treatment systems shall be designed to reduce the maximum
allowable dis- charge concentrations of the gas to one-half immediate by dangerous to
life and health (IDLH) at the point of discharge to the atmosphere. Where more than one
gas is emitted to the treatment system, the treatment system shall be designed to handle
the worst-case release based on the release rate, the quantity and the IDLH for all
compressed gases stored or used.
SECTION 6004.4.5.3 SIZING. ADDED
6004.4.5.3. Sizing. Treatment systems shall be sized to process the maximum worst-case
release of gas based on the maximum flow rate of release from the largest vessel utilized.
The entire contents of the largest compressed gas vessel shall be considered.
SECTION 6004.4.5.4 STATIONARY TANKS. ADDED
6004.4.5.4 Stationary Tanks. Stationary tanks shall be labeled with the maximum rate
of release for the compressed gas contained based on valves or fittings that are inserted
directly into the tank. Where multiple valves or fittings are provided, the maximum flow
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rate of release for valves or fittings with the highest flow rate shall be indicated. Where
liquefied compressed gases are in contact with valves or fittings, the liquid flow rate shall
be utilized for computation purposes. Flow rates indicated on the label shall be converted
to cubic feet per minute (cfm/min) (m3/s) of gas at normal temperature and pressure
(NTP).
SECTION 6004.4.5.5 PORTABLE TANKS AND CYLINDERS. ADDED
6004.4.5.5 Portable Tanks and Cylinders. The maximum flow rate of release for
portable tanks and cylinders shall be calculated based on the total release from the
cylinder or tank within the time specified in Table 6004.2.2.7.5. Where portable tanks or
cylinders are equipped with approved excess flow or reduced flow valves, the worst-case
release shall be determined by the maximum achievable flow from the valve as
determined by the valve manufacturer or compressed gas supplier. Reduced flow and
excess flow valves shall be permanently marked by the valve manufacturer to indicate the
maximum design flow rate. Such markings shall indicate the flow rate for air under
normal temperature and pressure.
SECTION 6004.4.6 EMERGENCY POWER. ADDED
6004.4.6. Emergency Power. Emergency power shall be provided for the following
systems in accordance with Section 604:
1. Exhaust ventilation system
2. Treatment system
3. Gas detection system
4. Smoke detection system
SECTION 6004.4.6.1 FAIL-SAFE SYSTEMS. ADDED
6004.4.6.1. Fail-Safe Systems. Emergency power shall not be required for mechanical
exhaust ventilation and treatment systems where approved fail-safe systems are installed
and designed to stop gas flow.
SECTION 6004.4.7 AUTOMATIC FIRE DETECTION SYSTEMS. ADDED
6004.4.7. Automatic Fire Detection System. An approved automatic fire detection
system shall be installed in rooms or areas where highly toxic, toxic, and moderately
toxic compressed gases are stored or used. Activation of the detection system shall sound
a local alarm. The fire detection system shall comply with Section 907.
SECTION 6004.4.8 GAS DETECTION SYSTEMS. ADDED
6004.4.8. Gas Detection System. A gas detection system complying with Section 916
shall be provided to detect the presence of gas at or below the PEL or ceiling limit of the
gas for which detection is provided.
Exceptions:
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1. A gas detection system is not required for toxic and moderatel y toxic gases when the
physiological warning threshold level for the gas is at a level below the accepted PEL
for the gas.
2. A gas detection system is not required for highly toxic, toxic, and moderately toxic
gases where cylinders, portable tanks, and all non-continuously welded connects are
within a gas cabinet or exhausted enclosures.
SECTION 6004.4.8.1 ALARMS. ADDED
6004.4.8.1 Alarms. The gas detection system shall initiate a local alarm and transmit a
signal to an approved location.
SECTION 6004.4.8.2 SHUT OFF OF GAS SUPPLY. ADDED
6004.4.8.2. Shut off of gas supply. The gas detection system shall automatically close
the shut off valve at the source on gas supply piping and tubing related to the system
being monitored for whichever gas is detected.
Exceptions: Automatic shutdown is not required for highly toxic, toxic, and moderately
toxic compressed gas systems where all of the following controls are provided:
1. Constantly attended / supervised.
2. Provided with emergency shutoff valves that have ready access.
Chapter 61 is adopted in its entirety without any amendments.
Chapter 64 is adopted in its entirety as amended below.
SECTION 6405.3.1 SILANE DISTRIBUTION SYSTEMS AUTOMATIC
SHUTDOWN. ADDED
6405.3.1 Silane Distribution Systems Automatic Shutdown. Silane distribution
systems shall automatically shut down at the source upon activation of the gas detection
system at levels above the alarm level and/or failure of the ventilation system for the
silane distribution system.
Reason for amendment: All the amendments to Section 6004 that follow are part of a
county-wide amendment recommended by the Santa Clara County Fire Chiefs. It
maintains the current standards adopted as part of the Santa Clara County Toxic Gas
Ordinance and maintains consistency with the Hazardous Materials Release Response
Regulations in the California Health and Safety Code. The International Fire Code does
not include provisions for gases that are moderately toxic. This amendment preserves the
original Toxic Gas Ordinance Provisions. It will maintain the current standard used in
Gilroy.
Appendix D Fire Apparatus Access Roads is adopted in its entirety.
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Appendix O temporary haunted houses, ghost walks and similar amusement uses is adopted in
its entirety
SECTION IV
Pursuant to California Health and Safety Code Sections 17958.7 and 18941.5, the City Council
of the City of Gilroy finds that each of the modifications, additions and changes to the
aforementioned California Fire Code set forth in Section III of this Ordinance are reasonably
necessary because of local climatic, geological or topographical conditions, or to impose proper
more stringent standards for fire and panic safety. A copy of these findings, together with the
modification or changes shall be filed by the City Clerk with the California Building Standards
Commission. Specifically, the City Council finds:
(1) Climatic Findings. The precipitation averages 13.86 inches per year. Approximately
90% of the precipitation falls during the months of November through April, and 10%
from May through October. Relative humidity drops to 20 or lower during the dry
months (summer). Temperatures have been recorded as high as 115 degrees Fahrenheit.
This area has been subject to drought. It is anticipated that drought conditions will
continue to occur in the future. Such conditions allow natural vegetation and outdoor
combustible materials to be in a dry state for a large portion of the year, making them
more susceptible to ignition and rapid burning. These conditions combined create high
fire danger during the summer and fall months.
(2) Geological Findings. The region is located in an area of high seismic activities as
indicated by United States Geological Survey and California Division of Mines and
Geology. Recent earthquake activities have indicated the lack of adequate design and
detailing as a contributing factor to damages that reduced the protection of the life-safety
of building occupants. This is especially critical in the facilities housing hazardous
materials or occupancies requiring safe and quick evacuation in order to get to a safe
location. Early warning of fire, early fire suppression and control of spread are
important.
(3) Topographical Findings. A major rail corridor through the central portion of town
divides the City. There are no overpasses available within the City boundaries. This can
impair response and can serve to isolate the City’s Fire Response capability. A major
highway also divides the City. There are portions of the City where there is only one
overpass to access a substantial geographical area. There are no alternate routes within
City boundaries; and
The highway is also part of a major truck transportation route. If an accident, or
earthquake makes the overpass un-crossable this will isolate the area and impact response
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times; and the City has a substantial industrial area within a flood plain. Flooding in the
area would isolate the area from the City’s Fire Response capability; and
The City has areas that are within hillside and open spaces defined as State
Response Areas. The grade and narrow and/or lack of roadways impair the Fire
Response to these areas. The presence of large areas of natural vegetation that is dry and
highly ignitable during the dry and hot summer and fall months can create increase fire
responses and impair fire response to other incidents. Water flow in the hillside areas is
impacted as fire flows fall below 1500 gpm; and
The City is a great distance from any large metropolitan area. Response times
from the nearest metropolitan fire department is a minimum of half an hour and during
traffic periods in excess of 45 minutes. This serves to further isolate the City and impair
Fire Response as there are fewer fire responders in the immediate area. Information on
the nature of an incident in a timely manner is of greater importance than in a
metropolitan area where a first alarm sends more personnel than the entire on-duty
staffing of the Gilroy Fire Department. Measures which provide early fire detection,
suppression and prevention of fire spread are warranted based on these findings.
(4) Fire and Panic Safety Findings – Hazardous Materials. Hazardous Materials use,
handling and storage present unique emergency response requirements. The Gilroy Fire
Department does not have its own hazardous materials team and the nearest mutual aid
team is in excess of 45 minutes response time; and
The City of Gilroy relies solely on ground water for water suppl y and much of the
area of Gilroy is in a recharge area. Hazardous Materials Spills can threaten that supply
and additional measures are needed to ensure that these materials do not threaten that
supply; and
Because Gilroy is remote from the main metropolitan areas, there are fewer
ambulance and hospital services available to provide for large numbers of persons with
injuries. Hazardous Materials and other intensive industrial uses place a competing
burden on the delivery of fire services. Hazardous Material and/or facilities using,
storing hazardous materials require additional controls to ensure that such hazards can be
controlled; and
(5) Fire and Panic Safety Findings – Automatic Fire Sprinklers. The City’s water
system is reliable and capable of providing adequate pressures and reliability to allow the
use of automatic fire sprinkler systems to be economical and practical to be included in
all new construction. Response to fires, medical aid and other disasters can result in fire
responders to be called to multiple calls or to calls that require more suppression
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resources than may be on duty. Therefore fire sprinkler systems are relied upon to
provide for quick and reliable fire suppression or control. To this end these systems are
needed at a lower threshold than the International Codes provide. These systems also
need to be designed to provide quick effective and complete fire protection in their
activation in order to minimize the effects of fire and panic.
SECTION V
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to
be invalid or unconstitutional, such decision shall not affect the validity of the remaining
portions of this ordinance. The City Council of the City of Gilroy hereby declares that it would
have passed and adopted this Ordinance, and each section, subsection, sentence, clause or phrase
hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or
phrases may be declared invalid or unconstitutional.
SECTION VI
This Ordinance shall be in full force and effect thirty (30) days after its passage and adoption.
The Codes and amendments to the Codes adopted hereunder shall take effect on January 1, 2020.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF GILROY this
________ day of ___________, 2019, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
APPROVED:
Roland Velasco, Mayor
ATTEST:
Shawna Freels, City Clerk
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STAFF REPORT
Agenda Item Title: Adoption of an Ordinance of the City Council of the City of Gilroy
Amending Gilroy City Code Section 10 A "Fireworks" Sections
10A.5 (a), (b), (d) and (e), and Adding a New Section 10A.5 (f)
(introduced 11/4/2019 with a 7-0 vote)
Meeting Date: November 18, 2019
From: Gabriel Gonzalez, City Administrator
Department: Fire Department
Submitted By: Jeff Clet
Prepared By: Jeff Clet
Jonathan Crick
Strategic Plan Goals
☐ Fiscal Stability
☐ Downtown
Revitalization
☐ Economic
Development
☐ Neighborhood Services
Enhanced Public
Safety
☐ Workforce Stability ☐ Public Engagement
RECOMMENDATION
Adopt an Ordinance of the City Council of the City of Gilroy Amending Gilroy City
Code Sections 10A.5 (a), (b), (d) and (e), and Adding a New Section 10A.5 (f).
EXECUTIVE SUMMARY
This topic was brought before the City Council at its September 9, 2019 City Council
meeting as part of the annual fireworks mitigation report. In this report we identified
inconsistencies and unclear language related to booth operator permits in the City Code
Chapter 10A. City staff recommended changes to the City Code to clarify and modify
booth operator permit requirements and increases to the individual and aggregate
insurance requirements.
6.E
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The City Council introduced the ordinance amending City Code Chapter 10A
“Fireworks” at your November 18, 2019 meeting with a 7 -0 vote, and is now being
asked to adopt the ordinance. The ordinance will go into effect 30 days following
adoption.
BACKGROUND
At the September 9, 2019, City Council meeting Staff received direction to amend the
City Code Chapter 10A relating to fireworks booth operator permits. Specifically, to add,
modify and amend the City Code 10A “Fireworks” language for individual and group
requirements for booth operators. The City Council included direction to staff to
eliminate “civic betterment” from the current code, expand the categories to include
youth activities, students, schools and non-profits as organizations that are eligible to
receive annual booth operator permits. The City Council also directed staff to increase
the booth operator insurance requirements consistent with the City HR Director - Risk
Manager’s recommendations.
ANALYSIS
The previous language made enforcement of the City Code 10A requirements difficult,
as the previous language was unclear and confusing. At the September 9, 2019 City
Council meeting, the Council provided the necessary clarity so that staff and the City
Attorney could amend, modify and clarify the City Code Chapter 10A “Fireworks”
language.
ALTERNATIVES
1. Council can approve the proposed changes to City Code Chapter 10A entitled
“Fireworks” consistent with City Staff recommendation. This action is
recommended by staff to update the code.
2. Council can choose not to make changes to the City Code Chapter 10A and
leave the fireworks booth operators permit and insurance requirements
unchanged. This action is not recommended because it will keep in place a
code that has unclear language.
FISCAL IMPACT
No Direct Costs Associated with the requested action
CONCLUSION
The adoption of the ordinance modifies the City Code Chapter 10A related to fireworks
booth operator and insurance requirements consistent with City Council direction.
NEXT STEPS
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This is the second reading. Adoption will occur at the November 18, 2019 City Council
meeting. The code sections become effective January 1, 2020.
PUBLIC OUTREACH
The Fire Marshal’s Office will produce and send out post card mailers to all Gil roy
addresses to inform the public about illegal and dangerous fireworks. The Fire
Marshal’s Office will also coordinate with the Public Information/Community
Engagement Office (PIO) to release the same information on media channels used by
the PIO for community engagement.
Attachments:
1. Fireworks Amendment Ordinance
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ORDINANCE NO. 2019-XX 4842-8187-6137v3
JH\04706083
ORDINANCE NO. 2019-XX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GILROY AMENDING CITY CODE CHAPTER 10A,
SECTIONS 10A.5 (a) (b), (c), AND (e), AND ADDING A NEW
SECTION 10A.5 (f)
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 Council finds that the modification to Gilroy City Code, Chapter
10A, pertaining to Fireworks is necessary and in the interest of the health, safety and welfare of
the residents of the City; and
WHEREAS, the City Council finds that this Ordinance is not subject to the California
Environmental Quality Act ("CEQA," Public Resources Code sections 21000 et seq.), because
it will not result in a direct or reasonably foreseeable indirect physical change in the
environment, and it does not have the potential to result in a physical change to the
environment, directly or indirectly (Title 14, Chapter 3 of the California Code of Regulations
“CEQA Guidelines,” sections 15060(c)(2) and (3)).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION I
Chapter 10A of the Gilroy City Code entitled “Fireworks” is hereby amended by
amending Sections 10A.5(a), (b), (d), and (e) and by adding a new Section 10A.5(f) to read as
follows:
“10A.5 Qualifications for issuance of permit.
The following qualifications must be met by each applicant for a permit:
(a) No permit shall be issued to any person, firm or corporation except to an organization
meeting the following two criteria: (1) it is either a non-profit entity, a public agency, or an entity
affiliated with a public agency, and (2) it is organized primarily to support student or youth
activities in Gilroy.
6.E.a
Packet Pg. 107 Attachment: Fireworks Amendment Ordinance [Revision 3] (2526 : Ordinance Amending City Code Chapter 10 "A" Fireworks)
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ORDINANCE NO. 2019-XX 4842-8187-6137v3
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(b) Each such organization must have its principal and permanent meeting place in the
Gilroy area, as evidenced by a valid Gilroy zip code; must maintain a bona fide membership of at
least twenty (20) members; and must have been organized and established in the Gilroy area for
a minimum of one (1) year continuously preceding the filing of the application for the permit.
(c) No organization may receive more than one (1) permit for fireworks sales during any
one (1) calendar year. One (1) permit may be issued to two (2) or more qualifying applicants as a
joint venture. The maximum number of permits which may be issued during any one (1) calendar
year shall not exceed sixteen (16) permits.
(d) Subject to the provisions of paragraph (e), below, an organization that received a
permit to sell fireworks pursuant to this chapter in 2019 shall be issued a permit to sell fireworks
in succeeding years if an application is filed and all requirements of this ordinance are met. A
permit issued under this section and paragraph shall cover only one (1) retail sales stand. Nothing
in this section shall prevent the fire chief or his designee from revoking a permit for just cause
where a fire nuisance exists or where personal injury is threatened.
(e) Subject to the right of organizations that have continually operated retail stands
pursuant to a valid permit since 2019 to continue to do so provided they meet the requirements of
this ordinance and of paragraph (d), above, if the number of proper applications exceed the
number of permits to be issued in given year, the permits shall be granted by a random drawing
supervised by the fire chief.
(f) Each applicant for a permit to sell fireworks pursuant to this chapter shall have
submitted prior to the issuance of any permit a policy of individual liability insurance with
coverage of at least $2,000,000.00 and aggregate liability insurance coverage of a least
$5,000,000.00 and naming the City of Gilroy as an additional insured for the period the permit is
in effect, or such other types of insurance and limits as may be required from time to time by the
City’s Risk Manager.”
SECTION II
If any section, subsection, sentence, clause or phrase of this Ordinance is for any
reason held to be invalid or unconstitutional, such decision shall not affect the validity of
the remaining portions of this ordinance. The City Council of the City of Gilroy hereby
declares that it would have passed and adopted this ordinance, and each section, subsection,
sentence, clause or phrase hereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses or phrases may be declared invalid or unconstitutional.
SECTION III
Pursuant to section 608 of the Charter of the City of Gilroy, this ordinance shall be in full force
and effect thirty (30) days from and after the date it is adopted.
PASSED AND ADOPTED this 18th day of November, 2019, by the following roll call
vote:
6.E.a
Packet Pg. 108 Attachment: Fireworks Amendment Ordinance [Revision 3] (2526 : Ordinance Amending City Code Chapter 10 "A" Fireworks)
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ORDINANCE NO. 2019-XX 4842-8187-6137v3
JH\04706083
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
APPROVED:
___________________________
ATTEST: Roland Velasco, Mayor
_________________________
Shawna Freels, City Clerk
6.E.a
Packet Pg. 109 Attachment: Fireworks Amendment Ordinance [Revision 3] (2526 : Ordinance Amending City Code Chapter 10 "A" Fireworks)
City of Gilroy
STAFF REPORT
Agenda Item Title: Adoption of an Ordinance of the City Council of the City of Gilroy
Amending Sections 27.36 and 27.40 of Chapter 27 of the Gilroy
City Code to Comply with the Requirements of Senate Bill 998 and
Review of Proposed Policy for the Discontinuation of Residential
Water Service for Nonpayment (introduced 11/4/2019 with a 7 -0
vote)
Meeting Date: November 18, 2019
From: Gabriel Gonzalez, City Administrator
Department: Finance Department
Submitted By: Jimmy Forbis
Prepared By: Jimmy Forbis
Bryce Atkins
Strategic Plan Goals
☐ Fiscal Stability
☐ Downtown
Revitalization
☐ Economic
Development
☐ Neighborhood Services
☐ Enhanced Public
Safety
☐ Workforce Stability ☐ Public Engagement
RECOMMENDATION
a) Adopt an Ordinance of the City Council of the City of Gilroy Amending Sections
27.36 and 27.40 of Chapter 27 of the Gilroy City Code to Comply with the
Requirements of Senate Bill 998.
b) Adopt a Policy for the Discontinuation of Residential Water Service for
Nonpayment.
BACKGROUND
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Staff presented this item at the November 4, 2019 regular Council Meeting (staff report
attached). The proposed ordinance and policy are driven by the adoption of California
Senate Bill 998, which provides very specific provisions about every water utility
provider’s policy regarding residential water service shutoff for non -payment. The City
Council introduced this ordinance at your November 4, 2019 meeting with a 7 -0 vote,
and is now being asked to adopt the ordinance. The ordinance will go into effect 30
days following adoption.
ANALYSIS
The analysis was completed and contained in the attached staff report from the
November 4, 2019 Council Meeting.
ALTERNATIVES
There are very limited alternatives, mainly due to the level of specific direction contained
within Senate Bill 998. The few alternatives were discussed in the attached staff report.
FISCAL IMPACT/FUNDING SOURCE
Minimal fiscal impact to the Water Enterprise Fund. What cost increases may be
encountered will be absorbed within the existing appropriation granted by Council in the
adopted operating budget.
CONCLUSION
Senate Bill 998’s legislative language provides little to no options regarding the City’s
policy for terminating water service to residential customers for non-payment. These
requirements carry fiscal penalties should the City not comply with the provisions of this
bill. The bill does not affect commercial or industrial water service, which will continue to
follow the current policies and practices of the City regarding water service termination.
Attachments:
1. Ordinance Implementing Water Shutoff Protection Act
2. Discontinuation of Residential Water Service for Nonpayment Policy
3. SB 998 Introduction Staff Report - November 4, 2019
4. Bill Text - SB-998
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ORDINANCE NO. 2019-XX 4842-2384-8584v5
ORDINANCE NO. 2019-XX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING SECTION 27.36 AND SECTION 27.40 OF CHAPTER 27 OF THE GILROY CITY CODE RELATING TO THE DISCONTINUATION OF WATER SERVICE FOR NONPAYMENT
WHEREAS, pursuant to California Constitution article XI, section 7, and the City
Charter, section 600, the City Council has the authority to enact and enforce within its limits
ordinances and regulations not in conflict with general laws, which promote the public health,
safety, and general welfare of its residents; and
WHEREAS, the City seeks to maintain compliance with regulations imposed by the State
of California relating to the termination of water utility services adopted via Senate Bill 998
(2017-2018 Session), amending provisions of the California Health and Safety Code Sections
116900 through 116926, entitled the Water Shutoff Protection Act; and
WHEREAS, the provisions of the Water Shutoff Protection Act require changes to
procedures regarding the termination of water supply for non-payment that will become
inconsistent with the procedures outlined in the Gilroy City Code; and
WHEREAS, amending the City Code to maintain compliance will provide additional
service protections for delinquent account holders and prevent occurrences where current
procedures would generate a fine or penalty as outlined in the Water Shutoff Protection Act; and
WHEREAS, the City Council finds that this Ordinance is not subject to the California
Environmental Quality Act ("CEQA," Public Resources Code sections 21000 et seq.), because
it will not result in a direct or reasonably foreseeable indirect physical change in the
environment, and it does not have the potential to result in a physical change to the
environment, directly or indirectly (Title 14, Chapter 3 of the California Code of Regulations
"CEQA Guidelines," sections 15060(c)(2) and (3)).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION I
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Packet Pg. 112 Attachment: Ordinance Implementing Water Shutoff Protection Act (2470 : Adoption Chapter 27 SB 998 Ordinance and Policy Adoption)
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ORDINANCE NO. 2019-XX 4842-2384-8584v5
Section 27.36 of Chapter 27 of the Gilroy City Code entitled “Nonpayment of Water
Bills; Notice to Consumer” is hereby amended to read as follows:
27.36 Nonpayment of water bills; notice to consumer.
Charges for water service and use become delinquent if not paid on or before the last day of the
month billed. For residential service, including single family residences, multifamily residences,
mobilehomes, mobilehome parks and farmworker housing, if a bill for services becomes
delinquent, the director of finance shall send the user a written notice advising the consumer of
the date water service shall be discontinued and a copy of the City’s policy for discontinuing
water service for nonpayment, pursuant to the requirements of the Water Shutoff Protection Act.
For all other service types, if a bill for services becomes delinquent, the director of finance shall
send the user a written notice that if the bill is not paid within ten (10) days, the water service
shall be discontinued.
SECTION II
Section 27.40 of Chapter 27 of the Gilroy City Code entitled “Service charges to be a lien
against property; owner to be primarily liable” is hereby amended to read as follows:
27.40 Service charges to be a lien against property; owner to be primarily liable.
The owner of any premises served by water after October 1, 1988, shall be primarily responsible
for the payment of all water bills arising out of the use of such water at such premises, or by any
lessee or tenant occupying or using the same. Such charges shall constitute a perpetual and
continuing lien on such property until such water bill shall have been paid in full. No water will
be furnished to any property or premises while such water bill and/or any charge remains unpaid,
excepting those properties or premises serving customers, whether owner-occupied or tenants,
which meet the requirements of Health and Safety Code Section 116910(a).
SECTION III
If any section, subsection, sentence, clause or phrase of this Ordinance is for any
reason held to be invalid or unconstitutional, such decision shall not affect the validity of
the remaining portions of this Ordinance. The City Council of the City of Gilroy hereby
declares that it would have passed and adopted this ordinance, and each section, subsection,
sentence, clause or phrase hereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses or phrases may be declared invalid or unconstitutional.
SECTION IV
Pursuant to section 608 of the Charter of the City of Gilroy, this Ordinance shall be in full force
and effect thirty (30) days from and after the date it is adopted.
PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF GILROY
this 18th day of November, 2019 by the following vote:
AYES: COUNCILMEMBERS:
6.F.a
Packet Pg. 113 Attachment: Ordinance Implementing Water Shutoff Protection Act (2470 : Adoption Chapter 27 SB 998 Ordinance and Policy Adoption)
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ORDINANCE NO. 2019-XX 4842-2384-8584v5
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
APPROVED:
___________________________
ATTEST: Roland Velasco, Mayor
_________________________
Shawna Freels, City Clerk
6.F.a
Packet Pg. 114 Attachment: Ordinance Implementing Water Shutoff Protection Act (2470 : Adoption Chapter 27 SB 998 Ordinance and Policy Adoption)
City of Gilroy
Discontinuation of Residential Water Service for Nonpayment Policy
Policy Originally Adopted Date November 18, 2019
Policy Originally Effective Date February 1, 2020
Latest Policy Review Date
Latest Policy Amendment Date
Purpose/Background
This policy enumerates the City of Gilroy’s (“City”) administrative actions for the
collection of delinquent accounts, including notifications, fee assignments and
discontinuation of service. This policy will be made available to the public on the City’s
website, and available upon request in writing translated into all required languages by
law. The City can be contacted by phone at (408) 846‐0420 to discuss options for
averting discontinuation of water service for nonpayment under the terms of this policy.
The City is considered by SB 998 to be an urban or community water system that
supplies water to more than 200 service connections.
Policy
Delinquent Account
Delinquent accounts are hereafter identified as any account that remains unpaid (and
without having made payment arrangements or established an alternative payment
schedule) by close of the last business day of the month which a water bill is issued.
The following rules apply to the collection of delinquent accounts:
Notice Languages
All written notices required under this policy, and copies of this policy, shall be provided
in English, the languages listed in Section 1632 of the Civil Code, and any other
language spoken by 10 percent or more of the customers in the urban and community
water system’s service area. As of the most recent update to this policy, the required
languages include:
1. English;
2. Spanish;
3. Chinese (Mandarin specifically, also called Standard Chinese, official language
of mainland China);
4. Tagalog;
5. Vietnamese; and,
6. Korean
Late Fee
If payment for a bill is not received by close of business on the last business day of the
month the bill is issued, the account is deemed delinquent and a late fee will be
assessed. The due date and late fee will be displayed prominently on the bill. The City
assumes no responsibility for address, telephone or email contact information that has
not been kept up‐to‐date by the customer.
6.F.b
Packet Pg. 115 Attachment: Discontinuation of Residential Water Service for Nonpayment Policy (2470 : Adoption Chapter 27 SB 998 Ordinance and Policy
City of Gilroy
Discontinuation of Residential Water Service for Nonpayment Policy
Written Disconnection Notice
The City shall not discontinue water service for non‐payment until payment by the
customer has been delinquent for at least sixty (60) days pursuant to state law. The City
will make a reasonable, good faith effort to contact the customer in writing at least
seven (7) business days before discontinuation of water service for non‐payment. The
written disconnection notice will be mailed to the mailing address designated on the
account. If the mailing address and the address of the property to which water service is
provided are different, a second notice will be mailed to the service address and
addressed to “Occupant”. The written disconnection notice will include:
• Customer’s name and address
• Amount that is past due
• Date by which payment or payment arrangements are required to avoid
discontinuation of residential service
• Description of the process to apply for an amortization plan of delinquent
charges; temporary deferral of payments, and/or an alternative payment
arrangement
• Description of the process to dispute or appeal a bill
• City phone number and instructions on how the customer may obtain a copy of
the City’s written policy
A) Notice to Residential Tenants/Occupants in an Individually Metered Residence
The City will make a reasonable, good faith effort to inform the occupants, by
means of written notice, when the water service account is in arrears and subject
to disconnection at least ten (10) days before water service is shut off. The
written notice will advise the tenant/occupant that they have the right to become
customers of the City without being required to pay the amount due on the
delinquent account, as long as they are willing to assume financial responsibility
for subsequent charges for water service at that address. In order for the amount
due on the delinquent account to not be assessed on the new account for the
services assumed by the tenants, the tenant/occupant must provide verification
of tenancy in the form of a rental agreement or proof of rent payments. The
delinquent amount remaining on the existing account will be assessed through a
lien on the subject property pursuant to Gilroy City Code Section 27.40.
B) Notice to Tenants/Occupants in a Multi‐Unit Complex Served through a Master
Meter
The City will make a reasonable, good faith effort to inform the occupants, by
means of written notice hung on the door of each residence, when the water
service account is in arrears and subject to disconnection at least ten (10) days
before water service is shut off. The written notice will advise the tenant/occupant
that they have the right to become customers of the City without being required
to pay the amount due on the delinquent account, as long as they are willing to
assume financial responsibility for subsequent charges for water service at the
6.F.b
Packet Pg. 116 Attachment: Discontinuation of Residential Water Service for Nonpayment Policy (2470 : Adoption Chapter 27 SB 998 Ordinance and Policy
City of Gilroy
Discontinuation of Residential Water Service for Nonpayment Policy
address(es) served by the master meter. If one or more of the occupants are
willing and able to assume responsibility for the subsequent charges for water
service to the satisfaction of the City, or if there is a physical means, legally
available to the City, of selectively terminating service to those occupants who
have not met the requirements for service, the City will make service available to
the occupants who have met those requirements.
If the written disconnection notice is returned through the mail as undeliverable, the City
will make a reasonable, good faith effort to visit the residence and leave a notice of
discontinuance for non‐payment as well as a copy of this written policy translated into all
required languages.
Disconnection Deadline
All delinquent water service charges and associated fees must be received by the City
by 5:00 p.m. on the day specified in the written disconnection notice.
Alternative Payment Arrangements
The City shall offer alternative payment arrangements for any customer who is unable
to pay for water service within the normal payment period and requests an alternative
payment arrangement to avoid late fees or disruption of service. The City will consider
all circumstances surrounding the request and make a determination as to whether the
payment arrangement is warranted. The alternative payment arrangement options
include:
1. Amortization of the unpaid balance
Payment arrangements that extend into the next billing period are considered an
amortization plan, which must be in writing and signed by the customer. An
amortization plan will amortize the unpaid balance over a period defined by the
customer, not to exceed twelve (12) months from the original date of the bill. The
amortized payments will be combined with, and subject to the due date of, the
customer’s regular bill. The customer must comply with the terms of the
amortization plan and remain current as charges accrue in each subsequent
billing period. The customer may not request further amortization of any
subsequent unpaid charges while paying delinquent charges pursuant to an
amortization plan. Failure to comply with the terms of an amortization plan will
result in the issuance of a written disconnection notice. The disconnection notice
resulting from failure to meet the terms of an amortization plan will be in the form
of either a door hanger or other physical document posted to the premises no
less than five (5) business days in advance of discontinuance of service.
2. Temporary deferral of payment
A customer may request deferral of a payment, up to ninety (90) days from the
original due date. Should the customer not be able to make subsequent current
bill payments, the deferred amount shall be due and payable immediately, and
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Packet Pg. 117 Attachment: Discontinuation of Residential Water Service for Nonpayment Policy (2470 : Adoption Chapter 27 SB 998 Ordinance and Policy
City of Gilroy
Discontinuation of Residential Water Service for Nonpayment Policy
the disconnection notice resulting from failure to meet the terms of the deferral
plan will be in the form of either a door hanger or other physical document posted
to the premises no less than five (5) business days in advance of discontinuance
of service.
3. Reduction of late penalties
At the request of the customer, the City may waive the late fee if there are
extenuating circumstances and the customer has not been assessed a late fee
for delinquent payment in the preceding six (6) months.
4. Alternative payment schedule
Should a customer be on fixed income, seasonal employment with seasonal
compensation, or other extreme variability in household income that is consistent
on an annual basis and documented, the customer may request an alternative
payment schedule with alternative billing dates and periods consistent with the
flow of their personal income. The alternative schedule must still completely pay
all amounts owed by June 30 of each year. Failure to meet this requirement will
disqualify the customer from future alternative payment schedule options. Should
the customer not be able to make subsequent current bill payments while on an
alternative payment schedule, the owed amount shall be due and payable
immediately, and the disconnection notice resulting from failure to meet the terms
of the deferral plan will be in the form of either a door hanger or other physical
document posted to the premises no less than five (5) business days in advance
of discontinuance of service. Failure to meet the payment terms and conditions of
an alternative payment schedule shall make the account holder(s) ineligible for
future alternative payment schedules.
Disconnection of Water Service for Nonpayment
The City will disconnect water service by turning off, and in some cases locking off, the
meter. Before service is disconnected, the customer will be notified by a written
disconnection notice at least seven (7) business days prior to termination. The customer
will be charged a fee to re‐establish service in the billing system regardless of whether
the meter has physically been turned off. The meter will be locked in the off position if
payment is not received within seven (7) days of initial termination.
Delinquent Accounts of Residential Customers Financially Unable to Pay for Service
with Medical Requirements to Access Water
Per the conditions identified in Health and Safety Code Section 116910(a), if a customer
satisfies all of the conditions in the above referenced section, their water service cannot
be shut off for nonpayment. The conditions require:
• The customer or tenant of the customer submits to the City certification from a
primary care provider, as defined by the Section 14088 of the Welfare and
Institutions Code, that discontinuation of residential service will be life threatening
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Packet Pg. 118 Attachment: Discontinuation of Residential Water Service for Nonpayment Policy (2470 : Adoption Chapter 27 SB 998 Ordinance and Policy
City of Gilroy
Discontinuation of Residential Water Service for Nonpayment Policy
to, or pose a serious threat to the health and safety of a resident of the premises
where residential service is provided.
• The customer demonstrates he or she is financially unable to pay for residential
service within the City’s normal billing cycle. The customer shall be deemed
financially unable to pay for residential service within the City’s normal billing
cycle if any member of the customer’s household is a current recipient of
CalWORKs, CalFresh, general assistance, Medi-Cal, Supplemental Security
Income/State Supplementary Payment Program, or California Special
Supplemental Nutrition Program for Women, Infants and Children, or the
customer declares that the household’s annual income is less than 200 percent
of the federal poverty level.
• The customer is willing to enter into an amortization agreement, alternative
payment schedule, or a plan for deferred or reduced payment, consistent with
this policy, subject to Section 116906(a) of the Health and Safety Code.
However, any delinquent bills under this requirement are not waived. Instead, any
delinquent charges for services shall be applied as a lien to the property as authorized
in the Gilroy City Code, Section 27.40. This helps to ensure that other utility rate payers
are not subsidizing the production of water for customers that are not paying their
charges but cannot have their service discontinued under State law.
Re-establishment of Service During Business Hours
In order to resume or continue service that has been disconnected for non‐payment, the
customer must pay a re‐establishment fee as adopted by resolution of the City Council
of amounts as determined by the Water Shutoff Protection Act. The City will endeavor to
reconnect service as soon as practicable but, at a minimum, will restore service before
the end of the next regular working day following payment of any past due amount and
delinquent fees attributable to the termination of service. Water service that is turned on
by any person other than City personnel or without City authorization may be subject to
fines or additional charges or fees. Any damages that occur as a result of unauthorized
restoration of service are the responsibility of the customer.
Re-establishment of Service After Business Hours
Service restored after 4:00 pm Monday through Friday, weekends, or holidays will be
charged an after‐hours re‐establishment fee as adopted by resolution of the City
Council of amounts as determined by the Water Shutoff Protection Act. Service will not
be restored after regular business hours unless the customer has been informed of the
after‐hours re‐establishment fee and has signed an agreement acknowledging the fee
and agreeing to contact the City’s billing department no later than noon the following
business day to pay the subject fee. The after‐hours reestablishment fee is in addition to
the late fee for a past due account. City staff responding to service calls are not
permitted to collect payment but will instruct the customer to contact the billing
department before noon the following business day.
6.F.b
Packet Pg. 119 Attachment: Discontinuation of Residential Water Service for Nonpayment Policy (2470 : Adoption Chapter 27 SB 998 Ordinance and Policy
City of Gilroy
Discontinuation of Residential Water Service for Nonpayment Policy
Sometimes water service is discontinued because the service is a new account and the
City has not received a request to establish service. If service is being restored after
regular business hours because the customer has yet to establish service, the customer
must agree to contact the billing department to establish service the next business day
and the after‐hours reestablishment will be waived. If service is discontinued for any
reason not identified above, the service should be restored as quickly as possible and
the customer advised to contact the billing department to resolve the issue.
Notification of Disposition of Returned Check
Upon receipt of a returned check taken as payment of water service or other charges,
the City will consider the account not paid. The City will make a reasonable, good faith
effort to notify the customer by phone or email of the returned check. If they payment
was for an account that is already delinquent, then the date of discontinuance of service
will remain unchanged. If the payment was made within forty eight (48) hours of
discontinuance, a minimum of a forty eight (48) hour notice of termination of service due
to a returned check will be generated, ensuring at least forty eight (48) hours before the
service is discontinued. The means of notification will be based upon the notification
preference (text, phone, or email) selected by the customer. Customers who have not
selected a means of notification will be notified by phone. If the City is unable to make
contact by text, phone, or email, a good faith effort will be made to visit the residence
and leave a notice of termination of service.
Water service will be disconnected if the amount of the returned check and the returned
check charge are not paid on or before the date specified in the notice of termination. All
amounts paid to redeem a returned check and to pay the returned check charge must
be in cash, credit card or certified funds.
Returned Checks for Previously Disconnected Service
In the event a customer tenders a non‐negotiable check as payment to restore water
service previously disconnected for non‐payment and the City restores service, the City
may promptly disconnect service without providing further notice. No forty eight (48)
hour notice of termination will be given in the case of a non‐negotiable check tendered
for payment of water charges that were subject to discontinuance.
Any customer issuing a non‐negotiable check as payment to restore service turned off
for nonpayment will be required to pay cash, credit card or certified funds to restore
future service disconnections for a period of twelve (12) months from the date of the
returned payment.
Disputed Bills
If a customer disputes the water bill and exercises their right to appeal, the City will not
disconnect water service for non‐payment while the appeal is pending. Appeals shall be
heard by the Finance Director, or his/her designee. Once a determination on the appeal
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City of Gilroy
Discontinuation of Residential Water Service for Nonpayment Policy
is made, should the customer dispute the determination, the customer may
subsequently request to appeal to the City Council.
References
1. Senate Bill No. 998: Discontinuation of Residential Water Service (Health and
Safety Code Section 116900 through 116926)
2. California Civil Code Section 1632 (regarding language translation requirements)
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City of Gilroy
STAFF REPORT
Agenda Item Title: Introduction of an Ordinance of the City Council of the City of Gilroy
Amending Sections 27.36 and 27.40 of Chapter 27 of the Gilroy
City Code to Comply with the Requirements of Senate Bill 998 and
Review of Proposed Policy for the Discontinuation of Residential
Water Service for Nonpayment
Meeting Date: November 4, 2019
From: Gabriel Gonzalez, City Administrator
Department: Finance Department
Submitted By: Jimmy Forbis
Prepared By: Jimmy Forbis
Bryce Atkins
Strategic Plan Goals
☐ Fiscal Stability
☐ Downtown
Revitalization ☐ Economic
Development
☐ Neighborhood Services
☐ Enhanced Public
Safety
☐ Workforce Stability ☐ Public Engagement
RECOMMENDATION
a) Motion to read the ordinance by title only and waive further reading.
b) Introduce an Ordinance of the City Council of the City of Gilroy amending
Sections 27.36 and 27.40 of Chapter 27 of the Gilroy City Code entitled “Water”
relating to the discontinuation of water service for nonpayment.
c) Provide direction regarding proposed policy.
EXECUTIVE SUMMARY
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Senate Bill 998 (“SB 998”) requires the City of Gilroy to formally adopt revised policies
and procedures related to discontinuation of residential water service. The only
significant change in Gilroy’s current policy will be that the City will have to wait for a
water payment to be 60 days past due (currently policy is 10 days) prior to discontinuing
residential water service. All other requirements of SB 998 are administrative in nature.
BACKGROUND
On September 28, 2018, Governor Brown signed into law SB 998, the Water Shutoff
Protection Act, which changes the requirements and procedures relative to the
discontinuation of residential water service for non-payment beginning February 1,
2020.
SB 998 requires every urban and community water system with more than 200 water
service connections to have a written policy on the discontinuation of residential water
service for nonpayment. That policy must be available on the water supplier’s website,
and translated into five languages in addition to English, listed in Civil Code Section
1632 (Spanish, Chinese, Korean, Vietnamese and Tagalog) and in any other language
spoken by at least 10% of the people residing the system’s service area.
SB 998 sets forth the specific provisions and requirements for water service
discontinuation, which includes a sixty (60) day waiting period before service can be
discontinued. The water supplier will also be required to contact, by telephone or in
writing, the customer named on the account at least seven (7) business days before
discontinuing service. The City must offer to provide the customer the system’s written
policy on discontinuation of water service and offer to discuss options to avoid
discontinuing water service, including alternative payment schedules, deferred
payments, amortization and bill review and appeal. The new law also includes required
processes if the water supplier is unable to contact the customer as well as a specific
mandate for a customer appeal process.
SB 998 also offers opportunities for payment arrangements, provisions for low-income
customers and very specific conditions and/or circumstances in which a water supplier
will be prohibited from discontinuing water service for non-payment.
SB 998 also mandates that water suppliers must report annually on its website and to
the State Water Resources Control Board the number of service discontinuations for
inability to pay. The State Water Resources Control Board (State Board) must also post
that information on its website.
Community water systems subject to all of the requirements set forth above who fail to
comply with the requirements of this new law will be subject to enforcement by the State
Board and the California Attorney General. Violation of SB 998’s provisions are
punishable by a civil penalty issued by the State Board in an amount not to exceed
$1,000 for each day in which the violation occurs.
ANALYSIS
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To comply with the provisions of SB 998, the City will need to both amend its City Code
and adopt a formal policy for the discontinuation of service for residential water
accounts.
Ordinance Amending the Gilroy City Code (“Code”)
There are two Code sections that will require amendment in order to comply with the
provisions of the Water Shutoff Protection Act.
1. Section 27.36 regarding the notice to customers; and,
2. Section 27.40 regarding the prohibition of water service for properties where a
lien for nonpayment have been applied.
Changes to Noticing to Customers
Currently, Section 27.36 of the Code sets the duration before water shut-off for
nonpayment at ten (10) days. As SB 998 requires a delay of sixty (60) days for
discontinuation of residential water service, an ordinance is required to amend the Code
to be compliant with the new law.
Staff is proposing the attached ordinance, which would amend the Code to refer to the
State law regarding water discontinuation of residential service, as opposed to having a
set number of days in case the legislation is changed again in the future. However, the
ordinance will keep notice time frames for all other service connection types at ten (10)
days before discontinuation of service, as is currently provided. Below is a redline
version of the edits to the Code section.
27.36 Nonpayment of water bills; notice to consumer.
Charges for water service and use become delinquent if not paid on or
before the last day of the month billed. For residential service, including
single family residences, multifamily residences, mobilehomes,
mobilehome parks and farmworker housing, if a bill for services becomes
delinquent, the director of finance shall send the user a written notice
advising the consumer of the date water service shall be discontinued and
a copy of the City’s policy for discontinuing water service for nonpayment,
pursuant to the requirements of the Water Shutoff Protection Act. For all
other service types, Iif a bill for services becomes delinquent, the director
of finance shall send the user a written notice that if the bill is not paid
within ten (10) days, the water service shall be discontinued.
Changes to Water Service when Liens for Nonpayment are Applied
Additionally, the provisions of Gilroy Code Section 27.40 stipulate that if a lien is placed
against the property for nonpayment, then the water service is to be discontinued until
fully paid. However, due to the Water Shutoff Protection Act, there are protections for
customers who meet three sets of criteria that prevent their water service from being
discontinued for non-payment. The attached proposed ordinance also amends this
section to exempt those customers who receive those protections under the law. Below
is a redline version of the edits to the Code section.
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27.40 Service charges to be a lien against property; owner to be
primarily liable.
The owner of any premises served by water after October 1, 1988, shall
be primarily responsible for the payment of all water bills arising out of the
use of such water at such premises, or by any lessee or tenant occupying
or using the same. Such charges shall constitute a perpetual and
continuing lien on such property until such water bill shall have been paid
in full. No water will be furnished to any property or premises until while
such water bill and/or any charge remains unpaid, excepting those
properties or premises serving customers, whether owner-occupied or
tenants, which meet the requirements of Health and Safety Code Section
116910(a). shall have been paid in full. No water will be furnished to any
property or premises against which any charge remains unpaid.
Discontinuation of Residential Water Service for Nonpayment Policy
Also attached to this staff report is the Discontinuation of Residential Water Service for
Nonpayment Policy (“Policy”). The Policy incorporates the requirements of SB 998, but
deviates from the requirements by extending the policy’s provisions to all residential
water customers, and not just those that fall under the category of low income. The
requirements to distinguish those that the policy is mandated to apply towards are
extensive and time consuming. To avoid the need for additional staff time and cost to
monitor and document those that qualify, and to be more equitable regarding service to
the City’s residential customers, the provisions of this policy are proposed to apply to all
residential accounts, regardless of income or ability to pay. This policy exceeds the
requirements under SB 998
Below are the key changes to how the City will process delinquent residential water
service accounts resulting from this draft policy:
• Water shutoff for nonpayment will now be sixty (60) days after a bill becomes
delinquent, instead of ten (10)
• A notice of water shutoff will be provided seven (7) business days before
discontinuation of service to residential customers
• The City will offer alternative payment arrangements, including an amortization
plan of unpaid balances, temporary deferral of payments, reduction of late
penalties, and alternative payment schedules, as identified within SB 998
• Failure of customers to meet the conditions of alternative payment arrangements
may have their service discontinued after a notice is provided no less than five
(5) business days in advance of discontinuation
• Fees for restoration of services will be established at either rates adopted by the
User Fee Resolution, or the Water Shutoff Protection Act, whichever amount is
less
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• An appeals process for disputed bills will be implemented, and water service will
not be discontinued while an appeal is being considered
• Water service cannot be discontinued for customers with both certified health
risks and low income. Unpaid fees will be placed as a lien on the property in
keeping with the Gilroy City Code
The policy was drafted in accordance with SB 998, and most of the policy contents are
requirements of SB 998 with the exception of the policy applying to all customers, the
specific terms of the alternative payment structures, and the application of unpaid fees
as liens when a customer qualifies for the prohibition on water service discontinuance.
SB 998 does contain some apparent conflicts within itself on face value. For example, in
section 116910(a), the legislation states that water cannot be discontinued if they met
all three criteria contained within this section. One of these requirements is that the
customer is willing to enter into an alternative payment arrangement. Section (b) then
states if a customer does not comply with an established alternative payment
arrangement, then water can be shut-off. However, the legislation does not explicitly
state this applies to the section (a) customer. Interpretation from trainings and circulars
from subject-matter legal firms has been that it doesn’t apply, and that water cannot be
shut-off if all conditions are met. Staff structured this policy with the assumption, based
on the intent statement of SB 998 that any interpretation would side to the maximum
benefit of the customer. As such, when such conflicts arise, the policy takes the
interpretation that most benefits the customer.
The other such conflict is with the type and number of alternative payment
arrangements. Sections 116910(b); 11906(a); and 116908(c) all state requirements for
the policy, notice, and options for delinquent customers. The list for each of these is not
exactly the same as the others. Staff has assumed that in order to comply with each
section, all of the listed alternatives for each section must be provided as an option.
Ultimately, the City needs only to offer one to fit a specific customer’s situation. These
conflicts may result in future updates to the Water Shutoff Protection Act to resolve the
potential conflicts, at which time staff would bring back the attached policy to Council for
amendment.
ALTERNATIVES
While some minor modifications can be made to the policy, SB 998 contains very
specific regulations to be included in discontinuation policies.
1. Council could introduce the proposed ordinance, provide direction regarding the
proposed policy and conduct the second reading and adoption of the ordinance
at the next regular Council Meeting. Recommended. If directed so, staff will
place the second reading and adoption of the ordinance and policy adoption on
the November 18, 2019 agenda.
2. The Council may direct staff to revise the policy and ordinance. Not
recommended. The draft policy complies and in limited cases exceeds the
requirements of SB 998. Many of the requirements, aside from the 60-day
window before shutting off water service and the reporting requirements, the City
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already performs to varying degrees. Staff currently works with customer
requests to address delinquent accounts through payment plans and other
means to help keep water service turned on for residential customers.
FISCAL IMPACT/FUNDING SOURCE
The full fiscal impact of these changes are not yet known, however they are expected to
be minimal and absorbed within the current utility rate structure.
CONCLUSION
SB 998 implements a significant number of changes to the manner in which the City
may discontinue service to residential customers for non-payment. The proposed
ordinance and policy are intended to adjust operations to meet the legal requirements of
SB 998.
Ultimately, there will likely be amendments to the Water Shutoff Protection Act in the
future. When that happens, staff will bring before Council updates to this policy to
accommodate.
NEXT STEPS
If approved, staff will return with the second reading of the ordinance and adoption of
the shutoff policy.
Attachments:
1. Ordinance Amending Chapter 27
2. Bill Text - SB-998
3. Discontinuation of Residential Water Service for Nonpayment Policy
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SHARE THIS:Date Published: 09/28/2018 09:00 PM
SB-998 Discontinuation of residential water service: urban and community water systems.(2017-2018)
Senate Bill No. 998
CHAPTER 891
An act to add Chapter 6 (commencing with Section 116900) to Part 12 of Division 104 of the Health and
Safety Code, relating to water.
[ Approved by Governor September 28, 2018. Filed with Secretary of State
September 28, 2018. ]
LEGISLATIVE COUNSEL'S DIGEST
SB 998, Dodd. Discontinuation of residential water service: urban and community water systems.
Existing law, the California Safe Drinking Water Act, requires the State Water Resources Control Board to
administer provisions relating to the regulation of drinking water to protect public health. Existing law declares it
to be the established policy of the state that every human being has the right to safe, clean, affordable, and
accessible water adequate for human consumption, cooking, and sanitary purposes.
Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including water
corporations. Existing law requires certain notice to be given before a water corporation, public utility district,
municipal utility district, or a municipally owned or operated public utility furnishing water may terminate
residential service for nonpayment of a delinquent account, as prescribed.
This bill would require an urban and community water system, defined as a public water system that supplies
water to more than 200 service connections, to have a written policy on discontinuation of water service to
certain types of residences for nonpayment available in prescribed languages. The bill would require the policy to
include certain components, be available on the system’s Internet Web site, and be provided to customers in
writing, upon request. The bill would provide for enforcement of these provisions, including making a violation of
these provisions punishable by a civil penalty issued by the board in an amount not to exceed $1,000 for each
day in which the violation occurs, and would require the enforcement moneys collected by the board to be
deposited in the Safe Drinking Water Account. The bill would prohibit an urban and community water system from
discontinuing residential service for nonpayment until a payment by a customer has been delinquent for at least
60 days. The bill would require an urban and community water system to contact the customer named on the
account and provide the customer with the urban and community water system’s policy on discontinuation of
residential service for nonpayment no less than 7 business days before discontinuation of residential service, as
prescribed.
This bill would prohibit residential service from being discontinued under specified circumstances. The bill would
require an urban and community water system that discontinues residential service to provide the customer with
information on how to restore service. The bill would require an urban and community water system to waive
interest charges on delinquent bills for, and would limit the amount of a reconnection of service fee imposed on, a
residential customer who demonstrates, as prescribed, to the urban and community water system household
income below 200% of the federal poverty line. The bill would require an urban and community water system that
furnishes individually metered residential service to residential occupants of a detached single-family dwelling, a
multiunit structure, mobilehome park, or permanent residential structure in a labor camp, and that the owner,
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manager, or operator of the dwelling, structure, or park is the customer of record, to make every good faith effort
to inform the residential occupants by written notice that service will be terminated and that the residential
occupants have the right to become customers, as specified. The bill would require an urban and community
water system to report the number of annual discontinuations of residential service for inability to pay on its
Internet Web site and to the board, and the bill would require the board to post on its Internet Web site the
information reported. The bill would require an urban water supplier, as defined, or an urban and community
water system regulated by the commission, to comply with the bill’s provisions on and after February 1, 2020,
and any other urban and community water system to comply with the bill’s provisions on and after April 1, 2020.
The bill would provide that the provisions of the bill are in addition to the provisions in existing law duplicative of
the bill and that where the provisions are inconsistent, the provisions described in the bill apply.
Vote: majority Appropriation: no Fiscal Committee: yes Local Program: no
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares as follows:
(a) All Californians have the right to safe, accessible, and affordable water as declared by Section 106.3 of the
Water Code.
(b) It is the intent of the Legislature to minimize the number of Californians who lose access to water service due
to inability to pay.
(c) Water service discontinuations threaten human health and well-being, and have disproportionate impact on
infants, children, the elderly, low-income families, communities of color, people for whom English is a second
language, physically disabled persons, and persons with life-threatening medical conditions.
(d) When there is a delinquent bill, all Californians, regardless of whether they pay a water bill directly, should be
treated fairly, and fair treatment includes the ability to contest a bill, seek alternative payment schedules, and
demonstrate medical need and severe economic hardship.
(e) The loss of water service causes tremendous hardship and undue stress, including increased health risks to
vulnerable populations.
(f) It is the intent of the Legislature that this act provide additional procedural protections and expand upon the
procedural safeguards contained in the Public Utilities Code and Government Code as of January 1, 2018, relating
to utility service disconnections.
SEC. 2. Chapter 6 (commencing with Section 116900) is added to Part 12 of Division 104 of the Health and
Safety Code, to read:
CHAPTER 6. Discontinuation of Residential Water Service
116900. This chapter shall be known, and may be cited, as the Water Shutoff Protection Act.
116902. For the purposes of this chapter, the following definitions apply:
(a) “Board” means the State Water Resources Control Board.
(b) “Public water system” has the same meaning as defined in Section 116275.
(c) “Residential service” means water service to a residential connection that includes single-family residences,
multifamily residences, mobilehomes, including, but not limited to, mobilehomes in mobilehome parks, or
farmworker housing.
(d) “Urban and community water system” means a public water system that supplies water to more than 200
service connections.
(e) “Urban water supplier” has the same meaning as defined in Section 10617 of the Water Code.
116904. (a) An urban water supplier not regulated by the Public Utilities Commission shall comply with this chapter
on and after February 1, 2020.
(b) An urban and community water system regulated by the Public Utilities Commission shall comply with this
chapter on and after February 1, 2020. The urban and community water system regulated by the Public Utilities
Commission shall file advice letters with the commission to conform with this chapter.
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(c) An urban and community water system not described in subdivision (a) or (b) shall comply with this chapter
on and after April 1, 2020.
116906. (a) An urban and community water system shall have a written policy on discontinuation of residential
service for nonpayment available in English, the languages listed in Section 1632 of the Civil Code, and any other
language spoken by at least 10 percent of the people residing in its service area. The policy shall include all of the
following:
(1) A plan for deferred or reduced payments.
(2) Alternative payment schedules.
(3) A formal mechanism for a customer to contest or appeal a bill.
(4) A telephone number for a customer to contact to discuss options for averting discontinuation of residential
service for nonpayment.
(b) The policy shall be available on the urban and community water system’s Internet Web site, if an Internet
Web site exists. If an Internet Web site does not exist, the urban and community water system shall provide the
policy to customers in writing, upon request.
(c) (1) The board may enforce the requirements of this section pursuant to Sections 116577, 116650, and
116655. The provisions of Section 116585 and Article 10 (commencing with Section 116700) of Chapter 4 apply
to enforcement undertaken for a violation of this section.
(2) All moneys collected pursuant to this subdivision shall be deposited in the Safe Drinking Water Account
established pursuant to Section 116590.
116908. (a) (1) (A) An urban and community water system shall not discontinue residential service for
nonpayment until a payment by a customer has been delinquent for at least 60 days. No less than seven business
days before discontinuation of residential service for nonpayment, an urban and community water system shall
contact the customer named on the account by telephone or written notice.
(B) When the urban and community water system contacts the customer named on the account by telephone
pursuant to subparagraph (A), it shall offer to provide in writing to the customer the urban and community water
system’s policy on discontinuation of residential service for nonpayment. An urban and community water system
shall offer to discuss options to avert discontinuation of residential service for nonpayment, including, but not
limited to, alternative payment schedules, deferred payments, minimum payments, procedures for requesting
amortization of the unpaid balance, and petition for bill review and appeal.
(C) When the urban and community water system contacts the customer named on the account by written notice
pursuant to subparagraph (A), the written notice of payment delinquency and impending discontinuation shall be
mailed to the customer of the residence to which the residential service is provided. If the customer’s address is
not the address of the property to which residential service is provided, the notice also shall be sent to the
address of the property to which residential service is provided, addressed to “Occupant.” The notice shall include,
but is not limited to, all of the following information in a clear and legible format:
(i) The customer’s name and address.
(ii) The amount of the delinquency.
(iii) The date by which payment or arrangement for payment is required in order to avoid discontinuation of
residential service.
(iv) A description of the process to apply for an extension of time to pay the delinquent charges.
(v) A description of the procedure to petition for bill review and appeal.
(vi) A description of the procedure by which the customer may request a deferred, reduced, or alternative
payment schedule, including an amortization of the delinquent residential service charges, consistent with the
written policies provided pursuant to subdivision (a) of Section 116906.
(2) If the urban and community water system is unable to make contact with the customer or an adult occupying
the residence by telephone, and written notice is returned through the mail as undeliverable, the urban and
community water system shall make a good faith effort to visit the residence and leave, or make other
arrangements for placement in a conspicuous place of, a notice of imminent discontinuation of residential service
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for nonpayment and the urban and community water system’s policy for discontinuation of residential service for
nonpayment.
(b) If an adult at the residence appeals the water bill to the urban and community water system or any other
administrative or legal body to which such an appeal may be lawfully taken, the urban and community water
system shall not discontinue residential service while the appeal is pending.
116910. (a) An urban and community water system shall not discontinue residential service for nonpayment if all
of the following conditions are met:
(1) The customer, or a tenant of the customer, submits to the urban and community water system the
certification of a primary care provider, as that term is defined in subparagraph (A) of paragraph (1) of
subdivision (b) of Section 14088 of the Welfare and Institutions Code, that discontinuation of residential service
will be life threatening to, or pose a serious threat to the health and safety of, a resident of the premises where
residential service is provided.
(2) The customer demonstrates that he or she is financially unable to pay for residential service within the urban
and community water system’s normal billing cycle. The customer shall be deemed financially unable to pay for
residential service within the urban and community water system’s normal billing cycle if any member of the
customer’s household is a current recipient of CalWORKs, CalFresh, general assistance, Medi-Cal, Supplemental
Security Income/State Supplementary Payment Program, or California Special Supplemental Nutrition Program
for Women, Infants, and Children, or the customer declares that the household’s annual income is less than 200
percent of the federal poverty level.
(3) The customer is willing to enter into an amortization agreement, alternative payment schedule, or a plan for
deferred or reduced payment, consistent with the written policies provided pursuant to subdivision (a) of Section
116906, with respect to all delinquent charges.
(b) (1) If the conditions listed in subdivision (a) are met, the urban and community water system shall offer the
customer one or more of the following options:
(A) Amortization of the unpaid balance.
(B) Participation in an alternative payment schedule.
(C) A partial or full reduction of the unpaid balance financed without additional charges to other ratepayers.
(D) Temporary deferral of payment.
(2) The urban and community water system may choose which of the payment options described in paragraph (1)
the customer undertakes and may set the parameters of that payment option. Ordinarily, the repayment option
offered should result in repayment of any remaining outstanding balance within 12 months. An urban and
community water system may grant a longer repayment period if it finds the longer period is necessary to avoid
undue hardship to the customer based on the circumstances of the individual case.
(3) Residential service may be discontinued no sooner than 5 business days after the urban and community water
system posts a final notice of intent to disconnect service in a prominent and conspicuous location at the property
under either of the following circumstances:
(A) The customer fails to comply with an amortization agreement, an alternative payment schedule, or a deferral
or reduction in payment plan for delinquent charges for 60 days or more.
(B) While undertaking an amortization agreement, an alternative payment schedule, or a deferral or reduction in
payment plan for delinquent charges, the customer does not pay his or her current residential service charges for
60 days or more.
116912. An urban and community water system that discontinues residential service for nonpayment shall provide
the customer with information on how to restore residential service.
116914. (a) For a residential customer who demonstrates to an urban and community water system household
income below 200 percent of the federal poverty line, the urban and community water system shall do both of the
following:
(1) Set a reconnection of service fee for reconnection during normal operating hours at fifty dollars ($50), but not
to exceed the actual cost of reconnection if it is less. Reconnection fees shall be subject to an annual adjustment
for changes in the Consumer Price Index beginning January 1, 2021. For the reconnection of residential service
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during nonoperational hours, an urban and community water system shall set a reconnection of service fee at one
hundred fifty dollars ($150), but not to exceed the actual cost of reconnection if it is less. Reconnection fees shall
be subject to an annual adjustment for changes in the Consumer Price Index beginning January 1, 2021.
(2) Waive interest charges on delinquent bills once every 12 months.
(b) An urban and community water system shall deem a residential customer to have a household income below
200 percent of the federal poverty line if any member of the household is a current recipient of CalWORKs,
CalFresh, general assistance, Medi-Cal, Supplemental Security Income/State Supplementary Payment Program,
or California Special Supplemental Nutrition Program for Women, Infants, and Children, or the customer declares
that the household’s annual income is less than 200 percent of the federal poverty level.
116916. (a) This section applies if there is a landlord-tenant relationship between the residential occupants and the
owner, manager, or operator of the dwelling.
(b) If an urban and community water system furnishes individually metered residential service to residential
occupants of a detached single-family dwelling, a multiunit residential structure, mobilehome park, or permanent
residential structure in a labor camp as defined in Section 17008, and the owner, manager, or operator of the
dwelling, structure, or park is the customer of record, the urban and community water system shall make every
good faith effort to inform the residential occupants, by means of written notice, when the account is in arrears
that service will be terminated at least 10 days prior to the termination. The written notice shall further inform
the residential occupants that they have the right to become customers, to whom the service will then be billed,
without being required to pay any amount which may be due on the delinquent account.
(c) The urban and community water system is not required to make service available to the residential occupants
unless each residential occupant agrees to the terms and conditions of service and meets the requirements of law
and the urban and community water system’s rules and tariffs. However, if one or more of the residential
occupants are willing and able to assume responsibility for the subsequent charges to the account to the
satisfaction of the urban and community water system, or if there is a physical means legally available to the
urban and community water system of selectively terminating service to those residential occupants who have not
met the requirements of the urban and community water system’s rules and tariffs, the urban and community
water system shall make service available to those residential occupants who have met those requirements.
(d) If prior service for a period of time is a condition for establishing credit with the urban and community water
system, residence and proof of prompt payment of rent or other credit obligation acceptable to the urban and
community water system for that period of time is a satisfactory equivalent.
(e) Any residential occupant who becomes a customer of the urban and community water system pursuant to this
section whose periodic payments, such as rental payments, include charges for residential water service, where
those charges are not separately stated, may deduct from the periodic payment each payment period all
reasonable charges paid to the urban and community water system for those services during the preceding
payment period.
(f) In the case of a detached single-family dwelling, the urban and community water system may do any of the
following:
(1) Give notice of termination at least seven days prior to the proposed termination.
(2) In order for the amount due on the delinquent account to be waived, require an occupant who becomes a
customer to verify that the delinquent account customer of record is or was the landlord, manager, or agent of
the dwelling. Verification may include, but is not limited to, a lease or rental agreement, rent receipts, a
government document indicating that the occupant is renting the property, or information disclosed pursuant to
Section 1962 of the Civil Code.
116918. An urban and community water system shall report the number of annual discontinuations of residential
service for inability to pay on the urban and community water system’s Internet Web site, if an Internet Web site
exists, and to the board. The board shall post on its Internet Web site the information reported.
116920. (a) The Attorney General, at the request of the board or upon his or her own motion, may bring an action
in state court to restrain by temporary or permanent injunction the use of any method, act, or practice declared
in this chapter to be unlawful.
(b) For an urban and community water system regulated by the Public Utilities Commission, the commission may
bring an action in state court to restrain by temporary or permanent injunction the use by an urban and
6.F.d
Packet Pg. 132 Attachment: Bill Text - SB-998 (2470 : Adoption Chapter 27 SB 998 Ordinance and Policy Adoption)
community water system regulated by the commission of any method, act, or practice declared in this chapter to
be unlawful.
116922. All written notices required under this chapter shall be provided in English, the languages listed in Section
1632 of the Civil Code, and any other language spoken by 10 percent or more of the customers in the urban and
community water system’s service area.
116924. Where provisions of existing law are duplicative of this chapter, compliance with one shall be deemed
compliance with the other. Where those provisions are inconsistent, the provisions of this chapter shall apply.
Nothing in this chapter shall be construed to limit or restrict the procedural safeguards against the disconnection
of residential water service existing as of December 31, 2018.
116926. This chapter does not apply to the termination of a service connection by an urban and community water
system due to an unauthorized action of a customer.
6.F.d
Packet Pg. 133 Attachment: Bill Text - SB-998 (2470 : Adoption Chapter 27 SB 998 Ordinance and Policy Adoption)
City of Gilroy
STAFF REPORT
Agenda Item Title: Adoption of a Resolution of the City Council of the City of Gilroy
Acknowledging Receipt of a Report Made by the Fire Chief of the
Gilroy Fire Department Regarding the Inspection of Certain
Occupancies Requiring Annual Inspections in Such Occupancies
Pursuant to Sections 13146.2 and 13146.3 of the California Health
and Safety Code
Meeting Date: November 18, 2019
From: Gabriel Gonzalez, City Administrator
Department: Fire Department
Submitted By: Jeff Clet
Prepared By: Jeff Clet
Miguel Trujillo
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 acknowledging receipt of a
report made by the Fire Chief of the Gilroy Fire Department regarding the inspection of
certain occupancies requiring annual inspections in such occupancies pursuant to
sections 13146.2 and 13146.3 of the California Health and Safety Code.
EXECUTIVE SUMMARY
Every city, county and fire district providing fire protection services is required to
annually inspect every building used as a public or private school and certain other
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occupancies including multi-family residential for compliance with fire and life safety
building standards.
California Senate Bill 1205 approved on September 27, 2018, added Section 13146.4 to
the Health and Safety Code, which requires every city, county, and fire district fire
department conducting these inspections to submit an annual compliance report to its
administering agency. As such, the City of Gilroy Fire Department must submit an
annual fire inspection compliance report to the City Council to comply with this
requirement. This report covers the fiscal year 2019.
BACKGROUND
California Senate Bill 1205 (SB 1205) was signed into law on September 27, 2018, in
response to the tragic Ghost Ship Fire in Oakland California, December 2016. This
incident brought national attention to California and put a spotlight on fire safety laws as
well as the performance of fire inspections. This law amends preceding law such that an
annual report on state mandated inspections is now required to be submitted to the
governing body of each jurisdiction having the authority for these inspections. The law
requires the report to be acknowledged by the governing body in a resolution or similar
formal document.
State mandated inspections were enacted by the California Health & Safety Code
Sections 13146.2 and 13146.3 and requires all fire departments that provide fire
protection services to perform annual inspections in every building used as a public or
private school, hotel, motel, lodging house, apartment house, and certain residential
care facilities for compliance with fire and life safety building standards. The California
Health & Safety Code Sections 13146.2 and 13146.3 did not require fire departments to
report or demonstrate compliance as the new law (SB 1205) does.
Although there are no penalties identified in the law, adoption of the resolution by the
City Council will establish the City of Gilroy’s intent to fulfill the requirements of the
California Health & Safety Code regarding acknowledgment of the Gilroy Fire
Department’s compliance with California Health and Safety Code Sections 13146.2 and
13146.3. The State law specifies the Occupancy types that are required to be
inspected annually as described below.
The first category of State Mandated Fire Inspections is public and private schools that
are generally classified as Educational Group E occupancies. These include schools
used by more than six persons at any one time, for educational purposes through the
12th grade. Within the City of Gilroy, there are 26 Group E occupancies, buildings,
structures and facilities. During fiscal year 2019, the Gilroy Fire Department completed
100% of the Group E - Educational occupancies annual fire inspections.
The second category of State Mandated Fire Inspections are hotels, motels, apartments
with three or more units, and other residential occupancies that contain sleeping units
(including some residential care facilities) are generally classified as Residential Group
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R occupancies. The residential care facilities have various sub-classifications and may
contain residents or clients that have a range of needs, such as, custodial care, mobility
impairments, cognitive disabilities, and may also be non-ambulatory. Within the City of
Gilroy, there are 251 Group R (and their associated sub-categories) occupancies.
During fiscal year 2019, the Gilroy Fire Department completed 100% of the Group R -
Residential occupancies annual fire inspections.
This second category of State Mandated residential inspectio ns is completed by the
Gilroy Fire Department Operations line-staff as well as the Fire Prevention Bureau. In
an effort to increase overall performance and compliance with the State mandate, the
Fire Prevention Bureau has been assigned the inspections of the larger apartment
complexes and structures four or more stories in height including large hotels in addition
to certain residential care facilities or other sub-classifications. The combined ongoing
effort will increase the Department’s compliance rate for all mandated inspection efforts.
ALTERNATIVES
1) State Mandated Inspections are required to be completed. This process is
dictated by Statute - Health and Safety Code.
2) Non-State Mandated Inspections can be completed on a cycle and method as
determined by the City. The Department is currently reviewing alternative inspection
methods for possible implementation during the 2020 calendar year.
FISCAL IMPACT/FUNDING SOURCE
There is no fiscal impact as a result of acknowledging the Gilroy Fire Department’s
compliance with certain State mandated fire inspections.
CONCLUSION
This report is intended to communicate to the City Council the level of compliance with
state mandated safety inspections as required by State law.
Attachments:
Attachment A - Resolution Acknowledging the Measure of Compliance with California
Health and Safety Code Sections 13146.2 and 13146.3
Attachment B – SB 1205
Attachments:
1. Resolution Fire Chief Report of Inspections
2. SB 1205 (HSC 13146 (2)
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RESOLUTION NO. 2019-XX
RESOLUTION NO. 2019-XX
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF GILROY, CALIFORNIA ACKNOWLEDGING
RECEIPT OF A REPORT MADE BY THE FIRE CHIEF
OF THE GILROY FIRE DEPARTMENT REGARDING
THE INSPECTION OF CERTAIN OCCUPANCIES
REQUIRING ANNUAL INSPECTIONS IN SUCH
OCCUPANCIES PURSUANT TO SECTIONS 13146.2
AND 13146.3 OF THE CALIFORNIA HEALTH AND
SAFETY CODE
WHEREAS, California Health & Safety Code Section 13146.4 was added in 2018,
and became effective on September 27, 2018;
WHEREAS, California Health & Safety Code Sections 13146.2 and 13146.3
requires all fire departments, including the Gilroy Fire Department, that provide fire
protection services to perform annual inspections in every building used as a public or
private school, hotel, motel, lodging house, apartment house, and certain residential care
facilities for compliance with building standards, as provided; and,
WHEREAS, California Health & Safety Code Section 13146.4 requires all fire
departments, including the Gilroy Fire Department, that provide fire protection services
to report annually to its administering authority on its compliance with Sections 13146.2
and 13146.3; and,
WHEREAS, the City Council intends this Resolution to fulfill the requirements of
the California Health & Safety Code regarding acknowledgment of the Gilroy Fire
Department's compliance with California Health and Safety Code Sections 13146.2 and
13146.3.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL AS
FOLLOWS:
1. That said Council expressly acknowledges the measure of compliance of the
Gilroy Fire Department with California Health and Safety Code Sections 13146.2 and
13146.3 in the area encompassed by the City, as follows:
6.G.a
Packet Pg. 137 Attachment: Resolution Fire Chief Report of Inspections [Revision 1] (2520 : Fire Chief's Report on Occupancy Inspections)
RESOLUTION NO. 2019-XX
A. EDUCATIONAL GROUP E OCCUPANCIES:
Educational Group E occupancies are generally those public and private schools, used by
more than six persons at any one time for educational purposes through the 12th grade.
Within the City, there lie 26 Group E occupancies, buildings, structures and/or facilities.
During fiscal year 2019, the Gilroy Fire Department completed the annual
inspection of 26 Group E occupancies, buildings, structures and/or facilities. This is
a compliance rate of 100% for this reporting period.
B. RESIDENTIAL GROUP R OCCUPANCIES:
Residential Group R occupancies, for the purposes of this resolution, are generally those
occupancies containing sleeping units, and include hotels, motels, apartments (three units
or more), etc. as well as mandated residential care facilities. These residential care
facilities have several different sub-classifications, and they may contain residents or
clients that have a range of needs, including those related to custodial care, mobility
impairments, cognitive disabilities, etc. The residents may also be non-ambulatory or
bedridden. Within the City, there lie 251 Group R (and their associated sub-categories)
occupancies of this nature.
During fiscal year 2019, the Gilroy Fire Department completed the annual inspection of
251 Group R occupancies, buildings, structures and/or facilities. This is a compliance rate
of 100% for this reporting period.
PASSED AND ADOPTED on this 2nd day of December, 2019 by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
APPROVED:
___________________________
ATTEST: Roland Velasco, Mayor
_______________________________
Shawna Freels, City Clerk
6.G.a
Packet Pg. 138 Attachment: Resolution Fire Chief Report of Inspections [Revision 1] (2520 : Fire Chief's Report on Occupancy Inspections)
Senate Bill No. 1205
CHAPTER 854
An act to add Section 13146.4 to the Health and Safety Code, relating to
fire protection.
[Approved by Governor September 27, 2018. Filed with
Secretary of State September 27, 2018.]
legislative counsel ’s digest
SB 1205, Hill. Fire protection services: inspections: compliance reporting.
Existing law requires the chief of any city or county fire department or
district providing fire protection services and his or her authorized
representatives to inspect every building used as a public or private school
within his or her jurisdiction, for the purpose of enforcing specified building
standards, not less than once each year, as provided. Existing law requires
every city or county fire department or district providing fire protection
services that is required to enforce specified building standards to annually
inspect certain structures, including hotels, motels, lodging houses, and
apartment houses, for compliance with building standards, as provided.
This bill would require every city or county fire department, city and
county fire department, or district required to perform the above-described
inspections to report annually to its administering authority, as defined, on
the department’s or district’s compliance with the above-described inspection
requirements, as provided. The bill would require the administering authority
to acknowledge receipt of the report in a resolution or a similar formal
document. To the extent this bill would expand the responsibility of a local
agency, the bill would create a state-mandated local program.
The California Constitution requires the state to reimburse local agencies
and school districts for certain costs mandated by the state. Statutory
provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state, reimbursement
for those costs shall be made pursuant to the statutory provisions noted
above.
The people of the State of California do enact as follows:
SECTION 1. Section 13146.4 is added to the Health and Safety Code,
to read:
13146.4. (a) Every city or county fire department, city and county fire
department, or district required to perform an annual inspection pursuant
93
STATE OF CALIFORNIA
AUTHENTICATED
ELECTRONIC LEGAL MATERIAL
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Packet Pg. 139 Attachment: SB 1205 (HSC 13146 (2) (2520 : Fire Chief's Report on Occupancy Inspections)
Ch. 854 — 2 —
to Sections 13146.2 and 13146.3 shall report annually to its administering
authority on its compliance with Sections 13146.2 and 13146.3.
(b) The report made pursuant to subdivision (a) shall occur when the
administering authority discusses its annual budget, or at another time
determined by the administering authority.
(c) The administering authority shall acknowledge receipt of the report
made pursuant to subdivision (a) in a resolution or a similar formal
document.
(d) For purposes of this section, “administering authority” means a city
council, county board of supervisors, or district board, as the case may be.
SEC. 2. If the Commission on State Mandates determines that this act
contains costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7 (commencing
with Section 17500) of Division 4 of Title 2 of the Government Code.
93
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Packet Pg. 140 Attachment: SB 1205 (HSC 13146 (2) (2520 : Fire Chief's Report on Occupancy Inspections)
City of Gilroy
STAFF REPORT
Agenda Item Title: Adoption of the 2040 General Plan Preferred Land Use Alternative
for Analysis in the General Plan Environmental Impact Report
Meeting Date: November 18, 2019
From: Gabriel Gonzalez, City Administrator
Department: Community Development Department
Submitted By: Greg Larson
Prepared By: Greg Larson
Stan Ketchum
Strategic Plan Goals
Fiscal Stability
Downtown
Revitalization
Economic
Development
Neighborhood Services
Enhanced Public
Safety
☐ Workforce Stability Public Engagement
RECOMMENDATION
Adopt a resolution of the City Council of the City of Gilroy approving the General Plan
preferred land use alternative for analysis in the General Plan environmental impact
report.
EXECUTIVE SUMMARY
On August 22, 2019, the General Plan Advisory Committee (GPAC) reached a
milestone in the General Plan update process with the selection of a Preferred Land
Use Alternative for recommendation to the Planning Commission and City Cou ncil. On
October 3, 2019, the Planning Commission held a meeting to review the GPAC-
recommended Preferred Land Use Alternative and to prepare a recommendation to the
City Council.
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The City Council is requested to consider a recommended Preferred Land Use
Alternative for analysis in the General Plan Environmental Impact Report. This action is
an interim step in the process of adopting a new General Plan. Once a Preferred Land
Use Alternative is identified by City Council, City staff and consultants can proceed with
preparation of the Environmental Impact Report. Presentation of the 2040 General Plan
to the City Council for adoption is anticipated in late 2020.
BACKGROUND
One of the biggest decisions the City will make in the General Plan process is the type
and location of new land uses. The land use alternatives process guides the community
toward the selection of a preferred land use alternative to be incorporated into the new
General Plan. The City originally conducted an alternatives analysis in 201 5, resulting
in City Council selection of a Preferred Land Use Alternative. However, in 2016, Gilroy
voters approved Measure H, which enacted an Urban Growth Boundary (UGB) and
reduced the area eligible for future urban development by 450 acres for reside ntial uses
and 333 acres for non-residential uses. At Council direction, a new land use
alternatives process was initiated to consider potential land use options within the new
UGB.
Between June and October 2017, the GPAC met four times and selected three revised
land use alternatives for evaluation. In March 2018, the GPAC reviewed the draft Land
Use Alternatives Analysis in preparation for presentation of the results at a Community
Workshop. Soon after, the City Council postponed the General Plan Update process to
await completion of the Gilroy Place-Based Economic Development Report. This
economic report was subsequently completed in January 2019, and presented to the
GPAC in March 2019. On August 22, 2019, the GPAC completed selection of a
preferred land use alternative. The Planning Commission met on October 3, 2019 and
identified a Preferred Land Use Alternative for recommendation to the City Council.
Attachment 1 of this agenda item contains the General Plan Alternatives Report,
comprising the three proposed land use alternatives evaluated by the GPAC.
ANALYSIS
Focus Areas
A majority of the land use designations and existing community in Gilroy is not expected
to change between 2020 and 2040. At the beginning of the alternatives phase, the
GPAC identified five focus areas where future changes in land use are anticipated to
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occur over the next twenty years or more. Below is a description of the focus areas and
the multiple land use concepts for each focus area considered by the GPAC in the
development of the three land use alternatives. The focus areas are shown in Figure 1.
Figure 1 – Focus Areas
New Land Use Designations
As part of the land use alternatives process, staff and consultants proposed three new
land use designations which have been incorporated into the land use concepts and
alternatives. They are:
Neighborhood District High (Focus Areas 1, 2, and 5) – the current Gilroy 2020
General Plan includes the Neighborhood District designation in the Glen Loma
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Ranch Specific Plan, as well as in the North and South Neighborhood Districts,
which are Focus Areas 1 and 2 in the General Plan update. The existing
Neighborhood District was labeled Neighborhood District Low in the land use
alternatives process to distinguish from a proposed new version, called
Neighborhood District High. Table 1, below, describes the mix of density levels
in the two versions. The intent of the Neighborhood District High designation is
to facilitate development of residential dwelling units at densities higher than
single family, including duplexes, small-lot and attached single family units, as
well as multi-family apartments. This mix of unit types is anticipated to be more
attainable to a wider range of current and future Gilroy residents .
Table 1: Neighborhood District Designations
(from Alternatives Analysis)
Districts
0-7 dwelling
units/acre
7-9 dwelling
units/acre
9-16 dwelling
units/acre
16-30 dwelling
units/acre
Single-family Duplex
Small-lot single
family, attached
single-family,
apartments
Attached
single-family,
apartments
Neighborhood
District Low* 82% max. 5% min. 10% min. 3% min.
Neighborhood
District High 60% max. 5% min. 25% min. 10% min.
* Existing General Plan
Mixed Use Low and High (Focus Area 3) - The Mixed Use designation would
replace the existing General Services Commercial designation along First Street,
allowing a combination of commercial and multi-family residential, in either
horizontal or vertical mixed use configuration. Two ranges of high density
residential 20 – 30 dwelling units per acre (Mixed Use Low) and 20 – 40 dwelling
units per acre (Mixed Use High) are proposed.
Employment Center (Focus Areas 1 and 5) - Employment Center provides both
a wider range of employment land uses, including manufacturing, light industrial,
research and development, office and regional retail commercial and allows more
intense development, resulting in greater potential employment capacity.
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Focus Area 1 is the Northern Neighborhood District, comprising 277 acres, primarily
located south of Day Road. This area previously extended north to Fitzgerald/Masten
Avenue, but was reduced by the adoption of the Urban Growth Boundary (UGB) in
2016. Four land use concepts are identified for consideration in this area. Concepts
1 and 2 reflect two different mixes of residential density, as described above.
Concepts 3 and 4 comprise the alternate levels of density, together with the
Employment Center designation applied to the eastern portion of the area.
Focus Area 2, the Southern Neighborhood District, comprises 193 acres located east
of Santa Teresa Boulevard, predominantly south of Luchessa Avenue, adjacent to
the Gilroy Sports Park. The two variations of residential density referenced in Focus
Area 1, above, comprise the available land use concepts in Focus Area two.
Focus Area 3 is the First Street Corridor, extending from Santa Teresa Boulevard to
Monterey Street. This area is proposed for conversion from General Services
Commercial to a new Mixed Use designation, allowing a combination of commercial
uses and multi-family residential. Three land use concepts are identified, two with
variations of high density residential, and one that retains a portion of the existing
General Services Commercial designation.
Focus Area 4 reflects the greater Downtown area, incorporating the boundary of the
current Downtown Specific Plan and the adjacent area to the east, southerly of Old
Gilroy Street. The two land use concepts considered are: 1) the existing Downtown
Specific Plan and existing General Plan designations outside the specific plan area,
and 2) the Downtown Station Area Plan Preferred Land Use Alternative prepared in
conjunction with planning for the proposed High Speed Rail project.
Focus Area 5 comprises the northeast quadrant of the city, between Monterey Road
and Highway 101, southerly of Buena Vista Avenue. Three concepts are identified,
the first of which reflects the existing General Plan designations, primarily Industrial
Park. Concepts 2 and 3 propose changes to the northern portion of the focus area,
north of Las Animas Avenue, to include either Neighborhood District High residential
or Employment Center.
Development and Evaluation of the Land Use Alternatives
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The three alternatives selected by the GPAC, together with the GPAC Preferred
Alternative, and the Planning Commission Preferred Alternative, are described below
and summarized in Table 2.
Table 2: Citywide Alternatives Holding Capacity
Dwelling Units
Jobs* Population* Single-family Multi-family Total
Alternative A 3,950 3,340 7,290 16,290 22,240
Alternative B 4,720 6,170 10,890 22,360 33,020
Alternative C 3,900 2,440 6,330 21,440 19,290
GPAC Preferred
Alternative 3,590 3,680 7,290 21,440 22,210
Planning Commission
Preferred Alternative 4,550 4,780 9,330 15,980 28,540
*Reflects citywide development capacity of land within/outside focus areas
Alternative A is consistent with the Preferred Land Use Alternative selected at the end
of the original alternatives phase in 2015, but has been modified to reflect th e UGB
Initiative. It contains a balance of single-family and multi-family housing, largely due to
the inclusion of Neighborhood District Low in the south and High in the north. Alternative
A reflects the currently-adopted Downtown Specific Plan. The First Street Corridor
includes the lower-density (20 – 30 du/ac) mixed-use designation, which has the
potential for multi-story housing, office, and retail development. Focus Area 5 reflects
the existing predominantly Industrial Park designation.
Alternative B includes all of the focus area concepts that maximize Gilroy’s housing and
employment holding capacity. In comparison to the two other alternatives, this scenario
includes a higher ratio of multi-family dwellings that are spread throughout the
community. This is largely due to the use of the Neighborhood District High designation
in both the northern and southern areas of the city, Mixed-Use High (20 – 40 du/ac)
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along the First Street corridor, and the Downtown Station Area Plan Preferred
Alternative incorporating new office and mixed-use multi-family housing centered
around the future high-speed rail station. The higher amount of employment reflects the
significantly more intense job capacity of the Downtown Station Area Plan.
Alternative C contains the lowest amount of new residential, reflected by inclusion of the
Neighborhood District Low designation in both Focus Areas 1 and 2, Mixed Use Low in
the First Street corridor and the existing Downtown Specific Plan. Alternative C provides
substantial new employment capacity due to the reduction of Neighborhood District and
Industrial Park in Focus Area 5 to accommodate the Employment Center designation,
which is meant to yield higher-intensity job types.
GPAC Preferred Land Use Alternative
Attachment 3 displays the map of the GPAC Preferred Land Use Alternative. This
alternative strikes a balance of increased housing and job growth, relative to the three
alternatives. The Neighborhood District High designation is applied in Focus Areas 1
and 2, increasing both the share of multi-family residential and the overall total housing
potential in those areas. Focus Area 1 also incorporates the Employment Center
designation applied to the easterly portion of the area. The Mixed Use Low concept
was chosen for Focus Area 3, the First Street corridor, reflecting the GPAC’s concern
with potential building heights possible if the Mixed Use High maximum density of 40
du/ac was developed.
The existing Downtown Specific Plan concept is included for Focus Area 4, reflecting
the unanimous GPAC position that it is premature to incorporate the Downtown Station
Area Plan intensified land use plan into the General Plan until there is more clarity and
certainty regarding the timing of the High Speed Rail project. In terms of future
employment growth, the Downtown Specific Plan concept included in the Preferred
Alternative contains far less future job growth than the Downtown Station Area Plan,
however, the expansion of the Employment Center designation in the eastern portion of
Focus Area 1 and the northern half of Focus Area 5 contributes significantly increased
job capacity.
Planning Commission Preferred Land Use Alternative
The Planning Commission recommendation for the Preferred Land Use alternative is
shown in Attachment 4. The Commission agreed with the GPAC recommendations for
Focus Areas 1, 2, and 4, and recommended different land use concepts in Focus Areas
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3 and 5. Table 3, below, presents a comparison of the GPAC and Planning Commission
Preferred Land Use Alternatives.
Table 3: GPAC and Planning Commission Preferred Land Use Alternatives
Focus Areas GPAC Planning Commission
1 Neighborhood District High &
Employment Center
Neighborhood District High &
Employment Center
2 Neighborhood District High Neighborhood District High
3 Mixed Use Low (20 – 30 du/ac) Mixed Use High (20 – 40 du/ac)
4 Downtown Specific Plan Downtown Specific Plan
5 Employment Center Neighborhood District High
In Focus Area 3, the First Street corridor, the Planning Commission recommended
Mixed Use High (20 – 40 du/ac) vs. the GPAC recommendation of Mixed Use Low (20 –
30 du/ac). Comments in favor of Mixed Use High included that the First Street corridor
is a major arterial and is the best place to locate additional high density housing, and
that the city needs to prepare to meet state legislation requiring additional multi-family
residential development. Comments in favor of Mixed Use Low included concern that
higher density would create conflicts, including building height, with adjacent s ingle
family neighborhoods and that the General Plan should reflect the community’s desires
and not the influence of the state.
In Focus Area 5, Northeast Gilroy, the three optional land use concepts were 1)
Industrial Park Emphasis, 2) Neighborhood District High north of Las Animas Avenue,
and 3) Employment Center north of Las Animas Avenue. The Planning Commission
selected Neighborhood District High. Comments in support of the recommendation
included that the residential in that area does not have a park or other residential
services, that the Neighborhood District designation would support bringing such
services to the area, and that there is adequate existing industrial land available south
of Las Animas Avenue. Comments in opposition were that the Employment Center
designation is important to support expanded employment opportunities, and that there
are no services in the area to support residential, including parks and commercial
services.
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The distinction between the GPAC recommendation and the P lanning Commission
recommendation in Focus Area 5 is one of housing vs. jobs. As shown in Table 2, The
GPAC Preferred Alternative includes a capacity of 7,290 new dwelling units and 21,440
new jobs. By comparison, the Planning Commission recommendation i ncludes a
capacity of 9,330 new dwelling units and 15,980 new jobs. This is a significant
reduction in future job capacity and is not consistent with the City Council Strategic Goal
to Support Revenue-Generating Economic Development.
Land Use Alternatives Evaluation
Section 6, Evaluation of Citywide Alternatives, of the General Plan Alternatives Report
provides a comprehensive analysis of the three alternatives across 10 different criteria.
A summary table of the results of the analysis is shown on pages 32 and 33. As shown
in Table 2 of this staff report, the GPAC Preferred Land Use Alternative most closely
matches Alternative A in total new dwelling units and future population growth.
Significantly more job potential is included due to the expansive area changed to
Employment Center in the northern part of the city. In order to compare the Preferred
Alternative to the evaluation of the three alternatives, Alternative A can be used as a
proxy in most of the evaluation categories.
Community Workshop Results
On July 22 and 23, 2019, General Plan Community workshops were held at Eliot and
Luigi Aprea Schools (respectively) to present the results of the General Plan
Alternatives Report and seek community input. Over 100 individuals attended the two
workshops. The General Plan Community Workshops Engagement Summary report
(Attachment 2) includes a complete description of the presentation and the resulting
feedback from participants at the two Community Workshops.
This information from the workshops was considered by the GPAC in their selection of
the Preferred Land Use Alternative. The workshop included two exercises designed to
collect information on the community’s preference among the three land use
alternatives, and also which of the alternatives a nalysis criteria were considered the
most important. The results of the ranking of the land use alternatives found 25%
favoring Alternative B and 22% favoring Alternative C. In contrast, 35% favored a hybrid
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alternative of some form, with a different combination of land uses than those included
in any of the three GPAC alternatives.
Based on the most frequently selected concepts in each focus area, the hybrid
alternative favored by the majority of workshop participants would contain 8,900
dwelling units and capacity for 28,840 new jobs, which is significantly more housing and
jobs than the GPAC Preferred Land Use Alternative. See the results of the workshop
alternatives evaluation beginning on page 24 of the Workshops Engagement Summary
Report.
The second workshop exercise asked respondents to identify which criteria from the
alternatives analysis they considered the most important. The Housing Affordability
criterion was deemed most important by 65% of respondents, followed by Land Use
Efficiency, chosen by 59%. The next three most frequently chosen criteria were Mix of
Housing Types (49%), Employment Mix and Average Wages (45%), and Roadway
Congestion (43%).
ALTERNATIVES
1. The City Council may select the General Plan Preferred Land Use Alternative to
establish the land use plan for analysis in the General Plan Environmental Impact
Report (EIR). The Council may select the GPAC or Planning Commission
recommendation, one of the three land use alternatives analyzed in the General
Plan Alternatives Report, or some other combination of land use concepts.
Selection of a Preferred Land Use Alternative is necessary in order to proceed with
the process to adopt of the 2040 General Plan. As such, this alternative is
recommended.
2. The City Council may not choose to select the General Plan Preferred Land Use
Alternative to establish the land use plan for analysis in the General Plan
Environmental Impact Report. Declining to select a Preferred Land Use Alternative
will prevent the City Council from completing the process to adopt the 2040 General
Plan. As such, this alternative is not recommended.
FISCAL IMPACT/FUNDING SOURCE
Funding for staff work on the General Plan update process is provided from the
Community Development Department operating budget. Funding for the consultant
work on the General Plan update is provided from the General Plan Update Permit
Surcharge Account.
NEXT STEPS
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Upon City Council selection of a Preferred Land Use Alternative, staff and the GPAC
will complete an updated General Plan policy document. At a later date, the policy
document will be presented to the Planning Commission for recommendation and the
City Council for adoption. The policy document will comprise the companion to the
Preferred Land Use Alternative to form the updated General Plan to be analyzed in the
General Plan EIR. Presentation of the completed 2040 General Plan to the City Council
for adoption is anticipated in late 2020.
PUBLIC OUTREACH
The public outreach and engagement program for the General Plan update has
consisted of multiple forms of outreach. They include: community workshops;
presentations to city commissions, community organizations, and interest groups;
project and city newsletters; posting community meeting flyers in businesses; e -mail
blasts; press releases to print, radio and television media; notices in the city water bill;
the Gilroy2040.com website and the interactive on-line Townhall and Your Voice Forum
components of the City and project websites. All community workshops and materials
were presented in both English and Spanish.
Notification of the City Council meeting for this item was published in the Gilroy
Dispatch.
Attachments:
1. Resolution Land Use Alternative
2. General Plan Alternatives Report
3. GPAC Preferred Alternative
4. Planning Commission Preferred Alternative
5. GilGP_Workshop Summary_2019 08 15_BG
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RESOLUTION NO. 2019 - XX
RESOLUTION NO. 2019 - XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING THE PREFERRED LAND USE
ALTERNATIVE FOR THE GILROY 2040 GENERAL PLAN
WHEREAS, Government Code Section 65300 mandates that each city and county adopt
“a comprehensive, long-term general plan” for “the physical development of the county or city,
and any land outside its boundaries which bears relation to its planning”; and
WHEREAS, on May 21, 2012, the City Council authorized the preparation of a new
General Plan for the city of Gilroy; and
WHEREAS, the City Council appointed the General Plan Advisory Committee (GPAC)
to guide the preparation of the new General Plan; and
WHEREAS; the Preferred Land Use Alternative will form the basis for General Plan
Land Use Diagram and define the project to be evaluated in the General Plan Environmental
Impact Report (EIR); and
WHEREAS; on August 22, 2019, the GPAC completed selection of a Preferred Land
Use Alternative for recommendation to the Planning Commission and City Council ; and
WHEREAS; on October 3, 2019, the Planning Commission held a public hearing to
receive public testimony regarding the Preferred Land Use Alternative; and
WHEREAS; on October 3, 2019, the Planning Commission recommended to the City
Council the approval of the General Plan Preferred Land Use Alternative comprised of the
following designations: Focus Area 1 - Concept three (3) Employment Center and
Neighborhood District High; Focus Area 2 - Concept two (2) Neighborhood District High;
Focus Area 3 - Concept two (2) Mixed Use High; Focus Area 4 - Concept one (1) Current
Downtown Specific Plan; and Focus Area 5 - Concept two (2) Neighborhood District High; and
WHEREAS; on November 18, 2019, the City Council held a public hearing to receive
public testimony regarding the Preferred Land Use Alternative.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY
REWSOLVES AS FOLLOWS:
SECTION I
The City Council approves the 2040 General Plan Land Use Alternative for the purposes
of defining the project to be evaluated in the General Plan Environmental Impact Report (EIR).
SECTION II
The General Plan Preferred Land Use Alternative shall be comprised of the following
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RESOLUTION NO. 2019 - XX
designations: Focus Area 1 - Concept three (3) Employment Center and Neighborhood District
High; Focus Area 2 - Concept two (2) Neighborhood District High; Focus Area 3 - Concept two
(2) Mixed Use High; Focus Area 4 - Concept one (1) Current Downtown Specific Plan; and
Focus Area 5 – Concept two (2) Neighborhood District High.
PASSED AND ADOPTED this 18th day of November, 2019 by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
APPROVED:
___________________________
Roland Velasco, Mayor
ATTEST:
__________________________________
Shawna Freels, City Clerk
8.A.a
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City of Gilroy
General Plan
Alternatives Report
Public Review Draft
July 2019
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Contents
Section 1: Introduction ............................................3
Section 2: Population, Housing, and Employment .....7
Section 3: Land Use Designations ............................9
Section 4: Focus Area Concepts .............................13
Focus Area 1: Neighborhood District North .........14
Focus Area 2: Neighborhood District South .........16
Focus Area 3: First Street Corridor ......................18
Focus Area 4: Downtown Gilroy .........................20
Focus Area 5: Northeast Gilroy ..........................24
Section 5: Citywide Land Use Alternatives ..............27
Section 6: Evaluation of Citywide Alternatives ........31
Section 7: Citywide Land Use Maps .......................45
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Section 1: Introduction
The Gilroy General Plan process gives the community
an opportunity to refine the City’s “constitution” for future
growth and development. This is an opportunity to
reaffirm the existing attitudes and direction for growth
or chart a new course. One of the biggest decisions
the City will make about growth in the General Plan
process is the type and location of new land uses. The
Alternatives process guides the community toward the
selection of a preferred land use alternative.
The City originally conducted an alternatives process
in 2015, resulting in the City Council selection of
a Preferred Land Use Alternative. However, soon
after in 2016, Gilroy voters approved a new Urban
Growth Boundary (UGB), reducing the footprint of
future development (see discussion on page 5). The
City Council directed staff to initiate a new alternatives
process to allow the community and decision makers to
consider land use alternatives for the area within the new
UGB.
This report describes a range of land use concepts for
five Focus Areas within Gilroy’s urban growth boundary.
The report then provides a detailed comparison of three
citywide alternatives, one of which reflects the Preferred
Land Use Alternative selected by the City Council in
2015, amended to remove lands outside the UGB
(referred to as the 2015 Preferred Land Use Alternative).
About the General Plan
The General Plan is a foundational City document that sets the
course for Gilroy’s land use decisions. The process to develop the
General Plan will integrate input from hundreds of Gilroyans and
address an extensive array of issues (including growth, traffic,
sustainability, health, and fiscal stability).
3
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The General Plan Process
After the passage of the UGB initiative, the City Council weighed several options for moving
forward with the General Plan process, and ultimately directed City staff to work with the
General Plan Advisory Committee (GPAC) and the community to develop a new set of land use
alternatives that reflect the new UGB. As part of the revised General Plan, City staff and the
consultants prepared new projections and holding capacity that consider the new urban growth
boundary. The community’s preference for a growth alternative may be different based on the new
projections and holding capacity information.
Project
Initiation
Economic
Development
Strategic Plan
Background
Report
Vision and
Guiding
Principles
Land Use
Alternatives
Draft General
Plan
Re-evaluation
of Land Use
Alternatives
Review and
Revise General
Plan
Prepare
Environmental
Impact Report
Adoption
Oct. 2013 Feb. 2014 Apr. 2014 June 2014
June 2014 to May 2015 May 2015 Dec. 2015 Nov. 2016
Jul. 2019 to Aug. 2019 Sept. 2019 to Feb. 2020 Sept. 2019 to Oct. 2020 Oct. 2020 to Dec. 2020
*We are here:
Voters
Approve
Urban Growth
Boundary
City Council
Selection of
Preferred
Alternative
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Measure H and the Urban Growth Boundary
In November 2016, Gilroy voters approved an Urban Growth Boundary (UGB) by initiative,
with a goal of protecting Gilroy’s agriculture and open space while encouraging more compact
future development. The UGB is a line beyond which urban development is not allowed through
the year 2040. The UGB complements General Plan policies encouraging infill development and
supporting a thriving downtown. The UGB has an impact on the General Plan, particularly since
the 2015 Preferred Land Use Alternative designated land for development outside of the UGB.
The City is revisiting the land use alternatives, which are now constrained by the new UGB.
FIGURE 1: 2018 URBAN GROWTH BOUNDARY
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Population
In 2015, Gilroy’s population was 53,008. Figure 1, below, shows
a range of population projections for 2040. The Association of
Bay Area Governments (ABAG), which produces projections for all
cities within the Bay Area, projects Gilroy to have a slower growth
rate (0.8 percent), resulting in approximately 61,000 residents in
2040. However, ABAG projections are not based on a market
demand projection. They reflect regional policy that directs growth
to larger cities and major employment areas. The City’s economic
consultant, ADE, produced a range of low-to-high scenarios based
on the market demand projections. These projections estimate
Gilroy’s population to fall within the range of 72,800 and 84,400
by 2040.
FIGURE 2: POPULATION PROJECTIONS (2015-2040)
Population and employment projections
can be a useful tool for long-range
planning. Projections offer a range of
possible growth outcomes. Projections
should not be regarded as inevitable,
since external market forces and City
policies can dramatically change the
rate and type of growth that occurs.
The decisions made as part of the
General Plan process will be a critical
determinant of Gilroy’s future job and
housing growth. These projections are
used later in this report to compare the
holding capacity of each of the citywide
alternatives.
Section 2: Population,
Housing, and Employment
40,000
45,000
50,000
55,000
60,000
65,000
70,000
75,000
80,000
85,000
90,000
2015 2020 2025 2030 2035 2040
ABAG ADE Low ADE Medium ADE High
2.2% gr
o
wt
h r
at
e
1.9% growt
h
r
at
e
1.5% growth ra
t
e
0.8% growth rate
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Housing
The number of housing units
needed to accommodate the range
of population projections is a
function of the household size and
the vacancy rate for housing. For
purposes of this analysis, a constant
household size of 3.5 persons and a
standard vacancy rate of 5 percent
are assumed. Based on these
factors, the population projections
would result in the following housing
unit projections shown in Figure 3.
Employment
When planners project employment
numbers, they look at historic trends,
consider the cyclical nature of the
economy, and try to anticipate
future trends. ADE prepared an
employment projection for Gilroy
that anticipates an additional 9,920
jobs by 2040 shown in Figure 4.
In comparison, ABAG projected
3,170 new jobs by 2040.
FIGURE 3: HOUSING UNIT PROJECTIONS (2015-2040)
12,000
9,000
6,000
3,000
0New Housing UnitsABAG ADE Low ADE HighADE Medium
3,210 5,620 7,350 9,090
FIGURE 4: EMPLOYMENT PROJECTIONS (2015-2040)
15,000
10,000
5,000
0New JobsABAG ADE
3,170 9,920
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Public Review Draft | July 2019Section 3:
Land Use Designations
Land Use Designation
Density Range
(Dwelling Units
Per Gross Acre)
Maximum
Floor Area
Ratio
Allowed Uses
General Plan Designations
Hillside
Residential 1.0 - 4.0 N/A Single-family detached
Low-Density
Residential 3.0 - 8.0 N/A Single-family detached
Medium-Density
Residential 8.0 - 20.0 N/A Duplexes, townhomes, apartments
High-Density
Residential 0 - 20.0+N/A Townhomes, apartments
Neighborhood
District High
Varies
(see Page 11)N/A Variety of residential densities
Neighborhood commercial
Neighborhood
District Low
Varies
(see Page 11)N/A Variety of residential densities
Neighborhood commercial
State planning law requires general plans to establish “standards of population density and building intensity,”
as well as allowed uses for the various land use designations in the plan. As a part of the General Plan Update
process, residents, business owners, and interested parties are given the opportunity to evaluate and weigh in on the
appropriate land use types, densities, and intensities for different areas of the community, as well as on the form and
design of new development.
To support the description of each alternative, this section is written as a guide for understanding the different land
uses presented in the alternatives. Each land use included in Table 1 is described in terms of development standards
and allowable uses.
TABLE 1: GENERAL PLAN LAND USE DESIGNATIONS
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Land Use Designation
Density Range
(Dwelling Units
Per Gross Acre)
Maximum
Floor Area
Ratio
Allowed Uses
General Services
Commercial N/A 2.0
Retail, service, low-intensity commercial
operations with light industrial nature,
automobile sales
City Gateway N/A 2.0 Retail, service, office, visitor-serving
uses (hotels)
Mixed-Use
Low 20.0 - 30.0 2.5 Retail, service, office, residential
Mixed-Use
High 20.0 - 40.0 4.0 Retail, service, office, residential
General
Industrial N/A 3.0 Large scale manufacturing,
warehousing, distribution
Employment
Center N/A 3.0
Office campuses, research and
development, medical, high-tech, light
industrial
Industrial Park N/A 1.0 Light manufacturing, office, assembly
plants, warehouses
Open Space N/A N/A Open space, agricultural uses
Parks and
Recreation N/A N/A Parks and golf courses
Public and
Quasi-Public N/A N/A
Schools, civic centers, government
buildings, and similar public/quasi-
public uses
Rural County N/A N/A Rural residential, open space,
agriculture
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Neighborhood District Low and High
The Neighborhood District designation encourages
compact, complete, neighborhood-style
development that provides a variety of housing
types, neighborhood commercial center, schools,
parks, and open space. The goal is to create
neighborhoods that are predominantly single
family in character, but which integrate different
types and prices of housing to meet the full range
of housing needs. When possible, high-density
housing and commercial uses can be combined
to create vibrant mixed-use neighborhood centers.
To achieve a cohesive neighborhood character, a
specific plan is required prior to approval of new
development within the Neighborhood District.
The Neighborhood District designation is in the
currently-adopted General Plan, and applies to the
two large new growth areas within the UGB (Focus
Areas 1 and 2).
The question for this alternatives process is what mix
of housing densities is most appropriate for the new
growth areas designated Neighborhood District.
The Alternatives Report includes two Neighborhood
District designations: Neighborhood District Low
and Neighborhood District High. Neighborhood
District Low allows a greater percentage of low-
density single family units (up to 82 percent).
Neighborhood District High allows fewer low-
density single-family units (up to 60 percent) and
requires a greater variety of housing types.
Districts
0-7 dwelling units/acre 7-9 dwelling units/acre 9-16 dwelling units/acre 16-30 dwelling units/acre
Single-family Duplex
Small-lot Single-family,
Attached Single-family,
Apartments
Attached Single-family,
Apartments
Neighborhood District Low 82% max 5% min 10% min 3% min
Neighborhood District High 60% max 5% min 25% min 10% min
Note: Neighborhood District percentages are based on land area.
TABLE 2: NEIGHBORHOOD DISTRICTS DENSITY BREAKDOWN
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FIGURE 5: FOCUS AREA MAP
Most of Gilroy is not expected to change much
between 2015 and 2040. The five focus areas
shown below are places in and around Gilroy
where development and change is anticipated.
The land use alternatives process allows the
community to express opinions about the type
of development that should be planned for
those areas. This section of the report presents
different land use concepts for each of the
five focus areas. For each of the focus areas,
Concept 1 represents the 2015 Preferred Land
Use Alternative, amended to reflect the UGB.
Focus Area 1: Neighborhood District North
Focus Area 2: Neighborhood District South
Focus Area 4: Downtown Gilroy
Focus Area 3: First Street Corridor
Focus Area 5: Northeast Gilroy
Section 4:
Focus Area Concepts
Urban Growth Boundary
City Limits
Focus Areas
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Focus Area 1: Neighborhood District North
Neighborhood District North is a 277-acre area
located on the west side of the city, bound by
Santa Teresa Boulevard to the west, Day Road
to the north, Mantelli Drive to the south, and
Monterey Road to the east. The 2015 Preferred
Alternative for this area was Neighborhood District
High, which prior to the UGB Initiative extended
as far north as Fitzgerald Avenue. Almost all of the
land in Focus Area 1 is outside city limits, but is
within the UGB.
The four concepts below show two different Neighborhood
District Designations: Neighborhood District High, which allows
a maximum 60 percent low-density single-family units (i.e., 7
units per acre or less) and requires a greater variety of housing
types; or Neighborhood District Low, which allows a greater
percentage (up to 82 percent) of low-density single-family units.
Both designations require neighborhood commercial centers,
parks, and schools. Concepts 3 and 4 are similar to Concepts
1 and 2, but introduce an area for an employment center.
Concept 1
Neighborhood District High
(2015 Preferred Alternative)
The 2015 Preferred Alternative (amended by the
UGB) designates the entire focus area Neighborhood
District High (i.e., up to 60 percent low-density single-
family). Neighborhood District High also requires a
neighborhood commercial center, parks, and possibly
one or more schools.
Concept 2
Neighborhood District Low
Concept 2 designates the entire area Neighborhood
District Low (i.e., up to 82 percent low-density single-
family). Similar to Concept 1, Concept 2 also
requires a neighborhood commercial center, parks,
and possibly one or more schools.
7,590
Residents
1,190
SF Units
1,260
MF Units
240
Jobs
5,660
Residents
1,390
SF Units
440 MF
Units
240
Jobs
SF= Single-Family
MF= Multifamily
City Limits
Urban Growth
Boundary
City Limits
Urban Growth
Boundary
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Concept 3
Neighborhood District High with
Employment at Monterey Road
Concept 3 designates the area Neighborhood District
High (i.e., up to 60 percent low-density single-family),
and introduces an Employment Center along Monterey
Road.
Concept 4
Neighborhood District Low with
Employment at Monterey Road
Concept 4 designates the area Neighborhood District
Low (i.e., up to 82 percent low-density single-family), and
introduces an Employment Center along Monterey Road.
Districts
0-7 dwelling units/acre 7-9 dwelling units/acre 9-16 dwelling units/acre 16-30 dwelling units/acre
Single-family Duplex
Small-lot Single-family,
Attached Single-family,
Apartments
Attached Single-family,
Apartments
Neighborhood District
Low 82% max 5% min 10% min 3% min
Neighborhood District
High 60% max 5% min 25% min 10% min
Note: Neighborhood District percentages are based on land area.
6,220
Residents
970 SF
Units
1,030
MF Units
1,270
Jobs
4,640
Residents
1,140
SF Units
360 MF
Units
1,270
Jobs
City Limits
Urban Growth
Boundary
City Limits
Urban Growth
Boundary
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Focus Area 2: Neighborhood District South
Neighborhood District South is a 193-acre
area located in south Gilroy, bound by
Luchessa Avenue to the north, Thomas Road to
the west, Santa Teresa Boulevard to the south,
and the Uvas Park Trail and Gilroy Sports
Park to the east. A majority of Focus Area 2 is
outside the city limits, but is within the UGB.
The 2015 Preferred Alternative for this area
was Neighborhood District Low (i.e., up to
82 percent low-density single-family), which
is consistent with the adopted General Plan.
Concept 2 designates the area Neighborhood
District High, which would require a greater
variety of housing types.
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Concept 1
Neighborhood District Low
(2015 Preferred Alternative)
The 2015 Preferred Alternative designates the entire
focus area Neighborhood District Low (i.e., up to
82 percent low-density single-family). Neighborhood
District Low also requires a neighborhood commercial
center, parks, and possibly one or more schools.
Concept 2
Neighborhood District High
Concept 2 designates the entire area Neighborhood
District High (i.e., up to 60 percent low-density single-
family). Similar to Concept 1, Concept 2 also requires
a neighborhood commercial center, parks, and possibly
one or more schools.
SF= Single-Family
MF= Multifamily
3,960
Residents
970 SF
Units
310 MF
Units
170
Jobs
5,300
Residents
830 SF
Units
880 MF
Units
170
Jobs
City Limits
Urban Growth
Boundary
City Limits
Urban Growth
Boundary
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Focus Area 3: First Street Corridor
First Street Corridor is one of the primary
east-west routes through the city. This 76-
acre Focus Area includes the properties
fronting First Street between Santa Teresa
Boulevard to the west and Monterey
Road to the east. The 2015 Preferred
Alternative for this area was Mixed-Use,
which allows housing at 20-30 units per
acre and non-residential development at
an FAR of up to 2.5.
Concept 2 designates the area Mixed-Use High, which allows flexibility
for higher densities of 20-40 units per acre and a floor area ratio
of up to 4.0. Concept 3 retains a portion of the General Services
Commercial designation from the currently-adopted General Plan, and
introduces Mixed-Use High to some areas along the corridor. All three
concepts include a number of high-density residential sites, designated
by the Housing Element. Given the limited amount of vacant land and
the complexity of redeveloping the corridor, the housing unit and job
estimates are based on an assumption that only 25 percent of the
corridor redevelops by 2040.
Concept 1 Mixed-Use Low (2015 Preferred Alternative)
The 2015 Preferred Alternative designates most of this area Mixed-Use (i.e.,
20-30 dwelling units per acre and FAR of up to 2.5). Mixed-Use encourages
a mix of retail, office, high-density housing, plazas, and parks. Development
should be concentrated at major intersections and be pedestrian-oriented.
1,250
Residents
0 SF
Units
450
MF Units
580
Jobs
SF= Single-Family
MF= Multifamily
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Concept 2 Mixed-Use High
Concept 2 designates most of this area Mixed-Use High, which would
increase the allowable densities to 20-40 dwelling units per acre and
FAR of up to 4.0.
1,470
Residents
0 SF
Units
530
MF Units
750
Jobs
Concept 3 Commercial Focus
Concept 3 retains the existing General Services Commercial at the intersection
of Wren Avenue, which allows for a broad range of commercial uses (e.g.,
grocery stores, restaurants, banks, big box stores) and uses with “commercial
and industrial” characteristics, such as small welding shops and automobile
sales and services. This Concept designates the remainder of First Street
Mixed-Use High (i.e., 20-40 dwelling units per acre and FAR of up to 4.0).
1,140
Residents
0 SF
Units
430
Units
420
Jobs
8.A.b
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20
City of Gilroy | General Plan Alternatives Report
Focus Area 4: Downtown Gilroy
Significant change is anticipated for Downtown Gilroy. The
City adopted the Downtown Gilroy Specific Plan in 2005,
and is currently preparing a Station Area Plan, which will
update the Downtown Specific Plan and integrate the future
High Speed Rail (HSR) Station. The Station Area planning
process is still underway, and the steering committee has
selected a preferred land use alternative. This alternative has
not been adopted by the City Council and changes to the
preferred alternative may occur.
This General Plan alternatives process examines two different
concepts for Downtown Gilroy to provide a comparative
analysis of the potential citywide impacts of different land use
alternatives; however, the community is not being asked to
select a preferred alternative for the Station Area through this
General Plan process. The Station Area planning process is
the appropriate avenue for establishing the land use plan for
the Downtown and Station Area.
Concept 1 assumes no changes to the existing Downtown
Gilroy Specific Plan. Concept 2 reflects the current preferred
alternative for the Downtown Gilroy Station Area Plan.
8.A.b
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21
Public Review Draft | July 2019
Concept 2
Station Area Plan
Preferred Alternative
Concept 2 reflects the Station Area Plan Preferred
Alternative, which proposes new land use designations
inside and outside the Downtown Specific Plan area,
including up to six stories of mixed-use housing and
office. See page 23 for information on the Downtown
Gilroy Station Area Plan.
10,210
Jobs
120
SF Units
2,330
MF Units
6,800
Residents
Concept 1
Existing General Plan
and Downtown Specific Plan
Concept 1 retains the land use designations from
the existing General Plan and reflects the existing
Downtown Gilroy Specific Plan. This concept
assumes that a high-speed rail station will not be
located Downtown. See page 22 for information
on the Downtown Gilroy Specific Plan.
3,110
Jobs
170 SF
Units
1,170
MF Units
3,720
Residents
SF= Single-Family
MF= Multifamily
Downtown Gilroy
Specific Plan
Boundary
Station Area Plan Land Uses
Mixed-use housing (up to six stories)
Mixed-use housing
(up to six stories)
Mixed-use office or
housing (up to six stories)
Civic/public facility
Office (up to five stories)
Visitor-serving commercial
8.A.b
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22
City of Gilroy | General Plan Alternatives Report
Downtown Gilroy Specific Plan (2005)
The Downtown Gilroy Specific Plan was adopted in 2005 to create a
unique downtown for the city and increase tourism. The Specific Plan area is
comprised of six land use districts, each with its own character, development
standards, and allowed uses.
8.A.b
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23
Public Review Draft | July 2019
Station Area Plan (in process)
The Downtown Gilroy Station Area Plan is both an update to the existing
Downtown Sepcific Plan and a continuation of the High Speed Train (HST)
visioning process from 2011 to 2012. The Station Area Plan will act as a tool
to guide private development and public improvements in Downtown over the
next 25 years, with a focus on the area near the future HST station and railroad
tracks. The Station Area Plan process is still underway. In 2016, the project team
evaluated three alternatives for Downtown Gilroy. The community provided input,
and with guidance from the Citizens Advisory Committee, the project team created
a Draft Preferred Alternative. The Draft Preferred Alternative was presented to the
City Council in January 2017 where they reviewed and provided comments.
A decision by the High-Speed Rail Authority on the preferred location of the
Gilroy HSR Station has been delayed and the final commitment to proceed with
the project is still several months away. Due to this uncertainty, the City Council
decided to postpone a vote on a final preferred land use alternative until the High-
Speed Rail Authority finalizes its plans for the Gilroy Station.
The Draft Preferred Alternative for the Station Area
includes the following land use designations:
• Mixed-Use Housing: The mixed-use
designation encourages mixed-use style
development with ground floor retail and
high-density multi-family housing on the upper
floors. This designation is located along
Monterey Road and Old Gilroy Street and
allows development up to six stories.
• Mixed-Use Office or Housing: The mixed-
use housing and office designation provides
flexibility for mixed-use development to
incorporate office, housing, and retail uses.
This designation is in the core of the Station
Area adjacent to the future station site and
allows development up to six stories.
• Office: The office designation provides Class
A office space for research and development
and campus style projects. This designation is
located adjacent to the auto mall and allows
development up to five stories.
• Visitor-Serving: This designation provides
for visitor-serving uses, such as a hotel and
conference center.
SARAFIN
A
W
A
Y
MONTEREY ST
LEAVE
S
L
E
Y
R
D
OLD GILROY ST
W TENTH
S
T
W LUCHESSA AV
LEWIS S
T
CHURCH STMURRAY AVSWANSTON LNHANNA STFOREST ST
W NINTH
S
T
W SEVEN
T
H
S
T
FIFTH ST
FOURTH
S
T
THIRD ST
SECOND
S
T
FIRST ST
SIXTH ST IOOF A
V
ELEVENT
H
S
T
MARTIN S
T
EIGLEBERRY
STRAILROAD
ST
HOWSON
S
T
ALEXANDER ST
South ValleyMiddle SchoolSt MarySchoolSt MarySchool
CHESTNUT STALEXANDER ST
potential HSR platform and station location
historic
station
REGIONAL
RETAIL
+AUTO MALL
HOTEL/
CONF. CTR.
AUTO
RELATED
SERVICES
VS
potential HSR or public
facility location (Requires
agreement between city,
chsra, and/or school district)
0 1,000 2,000 Feet
Draft Preferred Alternative - Land Uses (11-21-2016)
City limit
Station Area Plan boundary
UP railway
HSR alignment (modified at-grade)
Proposed Land Use Change
HSR station and parking
Mixed use housing (up to 6 stories)
Mixed use office or housing (up to 6 stories)
Office (up to 5 stories)
Civic/public facility
Visitor serving
Large format retail
Heavy commercial/light industrial
Existing land use designation
Station building footprints
Expanded Arts Center
Park
Plaza
Gateway to Downtown
Gateway to Downtown Core
HSR alignment (aerial)SWANSTON LN
St MarySchoolSt MarySchool
H OWSON
S
T
FIRST ST
LEAVES
L
E
Y
R
D
Aerial Vertical Alignment
8.A.b
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City of Gilroy | General Plan Alternatives Report
Focus Area 5: Northeast Gilroy
Northeast Gilroy is a 349-acre area in the far
northeast corner of the city, bound by Monterey
Road to the west, Buena Vista Avenue to the north,
Leavesley Road to the south, and the UGB to the
east. A majority of Focus Area 5 is in the city limits,
excluding the far northwest and northeast corners
which are not in city limits, but are within the UGB.
Most of this focus area is designated Industrial Park
in the existing General Plan and includes St. Louise
Regional Hospital and the Gilroy Premium Outlets. The
2015 Preferred Alternative continued to emphasize
industrial development west of U.S. Highway 101
and north of the hospital, with General Services
Commercial proposed around the future Buena Vista
interchange and remainder of the outlet center. The
existing rural residential development and fragmented
ownership make this area less likely to develop in the
short term.
Concept 1
Industrial Park Emphasis
(2015 Preferred Alternative)
Concept 1 designates much of the focus area as
Industrial Park, with an area of Public and Quasi-Public
Facility for St. Louise Hospital and an area of General
Services Commercial for regional shopping, including
the Gilroy Premium Outlets.
0
Residents
0 SF
Units
0 MF
Units
2,960
Jobs
SF= Single-Family
MF= Multifamily
8.A.b
Packet Pg. 177 Attachment: General Plan Alternatives Report (2490 : General Plan Update Preferred Land Use Alternative)
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Public Review Draft | July 2019
Concept 2
Neighborhood District High
North of Las Animas Avenue
Concept 2 designates the land north of Las Animas
Avenue and west of Highway 101 as Neighborhood
District High, consistent with the Neighborhood District
designation on the west side of Monterey Road.
6,120
Residents
960 SF
Units
1,020
MF Units
1,780
Jobs
Concept 3
Employment Center
North of Las Animas Avenue
Concept 3 designates a significant portion of land
previously designated Industrial Park as Employment
Center. The Employment Center designation allows
for employment development at a higher intensity than
Industrial Park.
0
Residents
0 SF
Units
0 MF
Units
7,090
Jobs
8.A.b
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This page is intentionally left blank.
8.A.b
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27
Public Review Draft | July 2019Section 5: Citywide
Land Use Alternatives
This section organizes the Focus Area
concepts within the greater context of
the city to create three citywide land use
alternatives. Each citywide alternative
reflects a variety of outcomes from
increased commercial development, and
more diverse housing stock, to additional
employment capacity, and a greater
emphasis of mixed use along corridors and
around transit. Since the Focus Areas are
the only areas of change, other areas in
Gilroy are assumed to retain their existing
General Plan land use designations. There
is, however, some assumed population and
job growth attributed to areas outside of
the Focus Areas through development of
vacant sites and redevelopment of some
underutilized sites.
Each Citywide alternative includes a map
showing the Focus Area concepts that
comprise the Citywide alternative and
depict proposed land use designations,
and a summary of the population, housing,
and jobs that each alternative would
support (i.e., the holding capacity).
It should be noted that not all Focus Area
concepts are reflected in a citywide
alternative. These options are equally
important to consider, however, as they
provide additional points of comparison.
As community members review the
alternatives, they are encouraged to
provide feedback on each Focus Area as
well as the citywide alternatives.
8.A.b
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28
City of Gilroy | General Plan Alternatives Report
Citywide Alternative A
Alternative A is consistent with the 2015 Preferred Land Use Alternative selected at the end of the
original alternatives phase in 2015, but has been modified to reflect the UGB Initiative. Alternative
A contains a balance of single-family and multi-family housing, largely due to the alternative
including both Neighborhood District Low in the south and High in the north. Alternative A reflects
the currently-adopted Downtown Specific Plan. First Street includes a lower-density mixed-use
designation, which has the potential for multi-story housing, office, and retail development.
A
22,240
Residents
3,950
SF Units
3,340
MF Units
16,290
Jobs
SF= Single-Family
MF= Multifamily
Focus Area 1: Concept 1
Focus Area 2: Concept 1
Focus Area 3: Concept 1
Focus Area 4: Concept 1
Focus Area 5: Concept 1
Focus Area Selection
Hillside Residen�al
Low Density Residen�al
Medium Density Residen�al
High Density Residen�al
Neighborhood District High
Neighborhood District Low
General Services Commercial
City Gateway District
Visitor Serving Commercial
Mixed-Use Low
Mixed-Use High
General Industrial
Employment Center
Industrial Park
Open Space
Parks and Recrea�on
Public and Quasi -Public
Rural County
Downtown Historic District
Downtown Expansion District
Civic/Cultural Arts District
Transi�onal District
Cannery District
Gateway District
Sta�on Area Mixed-Use Housing
Sta�on Area Mixed-Use Housing and Office
Sta�on Area Office Hillside Residen�al
Low Density Residen�al
Medium Density Residen�al
High Density Residen�al
Neighborhood District High
Neighborhood District Low
General Services Commercial
City Gateway District
Visitor Serving Commercial
Mixed-Use Low
Mixed-Use High
General Industrial
Employment Center
Industrial Park
Open Space
Parks and Recrea�on
Public and Quasi -Public
Rural County
Downtown Historic District
Downtown Expansion District
Civic/Cultural Arts District
Transi�onal District
Cannery District
Gateway District
Sta�on Area Mixed-Use Housing
Sta�on Area Mixed-Use Housing and Office
Sta�on Area Office
Hillside Residen�al
Low Density Residen�al
Medium Density Residen�al
High Density Residen�al
Neighborhood District High
Neighborhood District Low
General Services Commercial
City Gateway District
Visitor Serving Commercial
Mixed-Use Low
Mixed-Use High
General Industrial
Employment Center
Industrial Park
Open Space
Parks and Recrea�on
Public and Quasi -Public
Rural County
Downtown Historic District
Downtown Expansion District
Civic/Cultural Arts District
Transi�onal District
Cannery District
Gateway District
Sta�on Area Mixed-Use Housing
Sta�on Area Mixed-Use Housing and Office
Sta�on Area Office
Low-Density Residential
Medium-Density Residential
High-Density Residential
Neighborhood District High
General Services Commercial
City Gateway District
Mixed-Use Low
Employment Center
Industrial Park
Public and Quasi-Public
Downtown Specific Plan
Neighborhood District Low
City Limits
Urban Growth Boundary
Hillside Residen�al
Low Density Residen�al
Medium Density Residen�al
High Density Residen�al
Neighborhood District High
Neighborhood District Low
General Services Commercial
City Gateway District
Visitor Serving Commercial
Mixed-Use Low
Mixed-Use High
General Industrial
Employment Center
Industrial Park
Open Space
Parks and Recrea�on
Public and Quasi -Public
Rural County
Downtown Historic District
Downtown Expansion District
Civic/Cultural Arts District
Transi�onal District
Cannery District
Gateway District
Sta�on Area Mixed-Use Housing
Sta�on Area Mixed-Use Housing and Office
Sta�on Area Office
Hillside Residen�al
Low Density Residen�al
Medium Density Residen�al
High Density Residen�al
Neighborhood District High
Neighborhood District Low
General Services Commercial
City Gateway District
Visitor Serving Commercial
Mixed-Use Low
Mixed-Use High
General Industrial
Employment Center
Industrial Park
Open Space
Parks and Recrea�on
Public and Quasi -Public
Rural County
Downtown Historic District
Downtown Expansion District
Civic/Cultural Arts District
Transi�onal District
Cannery District
Gateway District
Sta�on Area Mixed-Use Housing
Sta�on Area Mixed-Use Housing and Office
Sta�on Area Office
Visitor-Serving Commercial
Focus Area Land Use Designations
8.A.b
Packet Pg. 181 Attachment: General Plan Alternatives Report (2490 : General Plan Update Preferred Land Use Alternative)
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Public Review Draft | July 2019
Citywide Alternative B
Alternative B includes all of the focus area concepts that maximize Gilroy’s housing and employment
holding capacity, including the Downtown Gilroy Station Area Preferred Alternative. In comparison
to the two other alternatives, this scenario includes a higher ratio of multi-family dwellings that are
spread throughout the community. This is largely due to the use of the Neighborhood District High
designation in both the northern and southern areas of the city, mixed-use high along the First Street
corridor, and mixed-use multi-family housing centered around the future high-speed rail station
downtown.
B
33,020
Residents
4,720
SF Units
6,170
MF Units
22,360
Jobs
SF= Single-Family
MF= Multifamily
Focus Area 1: Concept 1
Focus Area 2: Concept 2
Focus Area 3: Concept 2
Focus Area 4: Concept 3
Focus Area 5: Concept 2
Focus Area Selection
Hillside Residen�al
Low Density Residen�al
Medium Density Residen�al
High Density Residen�al
Neighborhood District High
Neighborhood District Low
General Services Commercial
City Gateway District
Visitor Serving Commercial
Mixed-Use Low
Mixed-Use High
General Industrial
Employment Center
Industrial Park
Open Space
Parks and Recrea�on
Public and Quasi -Public
Rural County
Downtown Historic District
Downtown Expansion District
Civic/Cultural Arts District
Transi�onal District
Cannery District
Gateway District
Sta�on Area Mixed-Use Housing
Sta�on Area Mixed-Use Housing and Office
Sta�on Area Office Hillside Residen�al
Low Density Residen�al
Medium Density Residen�al
High Density Residen�al
Neighborhood District High
Neighborhood District Low
General Services Commercial
City Gateway District
Visitor Serving Commercial
Mixed-Use Low
Mixed-Use High
General Industrial
Employment Center
Industrial Park
Open Space
Parks and Recrea�on
Public and Quasi -Public
Rural County
Downtown Historic District
Downtown Expansion District
Civic/Cultural Arts District
Transi�onal District
Cannery District
Gateway District
Sta�on Area Mixed-Use Housing
Sta�on Area Mixed-Use Housing and Office
Sta�on Area Office
Hillside Residen�al
Low Density Residen�al
Medium Density Residen�al
High Density Residen�al
Neighborhood District High
Neighborhood District Low
General Services Commercial
City Gateway District
Visitor Serving Commercial
Mixed-Use Low
Mixed-Use High
General Industrial
Employment Center
Industrial Park
Open Space
Parks and Recrea�on
Public and Quasi -Public
Rural County
Downtown Historic District
Downtown Expansion District
Civic/Cultural Arts District
Transi�onal District
Cannery District
Gateway District
Sta�on Area Mixed-Use Housing
Sta�on Area Mixed-Use Housing and Office
Sta�on Area Office
Hillside Residen�al
Low Density Residen�al
Medium Density Residen�al
High Density Residen�al
Neighborhood District High
Neighborhood District Low
General Services Commercial
City Gateway District
Visitor Serving Commercial
Mixed-Use Low
Mixed-Use High
General Industrial
Employment Center
Industrial Park
Open Space
Parks and Recrea�on
Public and Quasi -Public
Rural County
Downtown Historic District
Downtown Expansion District
Civic/Cultural Arts District
Transi�onal District
Cannery District
Gateway District
Sta�on Area Mixed-Use Housing
Sta�on Area Mixed-Use Housing and Office
Sta�on Area Office
Medium-Density Residential
High-Density Residential
Neighborhood District High
General Services Commercial
City Gateway District
Mixed-Use High
Industrial Park
Public and Quasi-Public
Downtown Specific Plan
City Limits
Urban Growth Boundary
Hillside Residen�al
Low Density Residen�al
Medium Density Residen�al
High Density Residen�al
Neighborhood District High
Neighborhood District Low
General Services Commercial
City Gateway District
Visitor Serving Commercial
Mixed-Use Low
Mixed-Use High
General Industrial
Employment Center
Industrial Park
Open Space
Parks and Recrea�on
Public and Quasi -Public
Rural County
Downtown Historic District
Downtown Expansion District
Civic/Cultural Arts District
Transi�onal District
Cannery District
Gateway District
Sta�on Area Mixed-Use Housing
Sta�on Area Mixed-Use Housing and Office
Sta�on Area Office
Hillside Residen�al
Low Density Residen�al
Medium Density Residen�al
High Density Residen�al
Neighborhood District High
Neighborhood District Low
General Services Commercial
City Gateway District
Visitor Serving Commercial
Mixed-Use Low
Mixed-Use High
General Industrial
Employment Center
Industrial Park
Open Space
Parks and Recrea�on
Public and Quasi -Public
Rural County
Downtown Historic District
Downtown Expansion District
Civic/Cultural Arts District
Transi�onal District
Cannery District
Gateway District
Sta�on Area Mixed-Use Housing
Sta�on Area Mixed-Use Housing and Office
Sta�on Area Office
Hillside Residen�al
Low Density Residen�al
Medium Density Residen�al
High Density Residen�al
Neighborhood District High
Neighborhood District Low
General Services Commercial
City Gateway District
Visitor Serving Commercial
Mixed-Use Low
Mixed-Use High
General Industrial
Employment Center
Industrial Park
Open Space
Parks and Recrea�on
Public and Quasi -Public
Rural County
Downtown Historic District
Downtown Expansion District
Civic/Cultural Arts District
Transi�onal District
Cannery District
Gateway District
Sta�on Area Mixed-Use Housing
Sta�on Area Mixed-Use Housing and Office
Sta�on Area Office Visitor-Serving Commercial
Hillside Residen�al
Low Density Residen�al
Medium Density Residen�al
High Density Residen�al
Neighborhood District High
Neighborhood District Low
General Services Commercial
City Gateway District
Visitor Serving Commercial
Mixed-Use Low
Mixed-Use High
General Industrial
Employment Center
Industrial Park
Open Space
Parks and Recrea�on
Public and Quasi -Public
Rural County
Downtown Historic District
Downtown Expansion District
Civic/Cultural Arts District
Transi�onal District
Cannery District
Gateway District
Sta�on Area Mixed-Use Housing
Sta�on Area Mixed-Use Housing and Office
Sta�on Area Office
Hillside Residen�al
Low Density Residen�al
Medium Density Residen�al
High Density Residen�al
Neighborhood District High
Neighborhood District Low
General Services Commercial
City Gateway District
Visitor Serving Commercial
Mixed-Use Low
Mixed-Use High
General Industrial
Employment Center
Industrial Park
Open Space
Parks and Recrea�on
Public and Quasi -Public
Rural County
Downtown Historic District
Downtown Expansion District
Civic/Cultural Arts District
Transi�onal District
Cannery District
Gateway District
Sta�on Area Mixed-Use Housing
Sta�on Area Mixed-Use Housing and Office
Sta�on Area Office
Mixed-Housing
Mixed-Use Office/Housing
Office
Station Area Plan
Focus Area Land Use Designations
8.A.b
Packet Pg. 182 Attachment: General Plan Alternatives Report (2490 : General Plan Update Preferred Land Use Alternative)
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City of Gilroy | General Plan Alternatives Report
Citywide Alternative C
Alternative C retains the single-family character of Gilroy, while maintaining a dense downtown
core focused on infill and mixed-use development. Other large corridors such as First Street include
a lower-density mixed-use designation, which has the potential for multi-story housing, office, and
retail development. The sharp increase in employment in Alternative C is linked to the reduction
of Neighborhood District and Industrial Park in the north to accommodate the Employment Center
designation, which is meant to yield higher-intensity job types.
C
19,290
Residents
3,900
SF Units
2,440
MF Units
21,440
Jobs
SF= Single-Family
MF= Multifamily
Focus Area 1: Concept 4
Focus Area 2: Concept 1
Focus Area 3: Concept 1
Focus Area 4: Concept 1
Focus Area 5: Concept 3
Hillside Residen�al
Low Density Residen�al
Medium Density Residen�al
High Density Residen�al
Neighborhood District High
Neighborhood District Low
General Services Commercial
City Gateway District
Visitor Serving Commercial
Mixed-Use Low
Mixed-Use High
General Industrial
Employment Center
Industrial Park
Open Space
Parks and Recrea�on
Public and Quasi -Public
Rural County
Downtown Historic District
Downtown Expansion District
Civic/Cultural Arts District
Transi�onal District
Cannery District
Gateway District
Sta�on Area Mixed-Use Housing
Sta�on Area Mixed-Use Housing and Office
Sta�on Area Office Hillside Residen�al
Low Density Residen�al
Medium Density Residen�al
High Density Residen�al
Neighborhood District High
Neighborhood District Low
General Services Commercial
City Gateway District
Visitor Serving Commercial
Mixed-Use Low
Mixed-Use High
General Industrial
Employment Center
Industrial Park
Open Space
Parks and Recrea�on
Public and Quasi -Public
Rural County
Downtown Historic District
Downtown Expansion District
Civic/Cultural Arts District
Transi�onal District
Cannery District
Gateway District
Sta�on Area Mixed-Use Housing
Sta�on Area Mixed-Use Housing and Office
Sta�on Area Office
Hillside Residen�al
Low Density Residen�al
Medium Density Residen�al
High Density Residen�al
Neighborhood District High
Neighborhood District Low
General Services Commercial
City Gateway District
Visitor Serving Commercial
Mixed-Use Low
Mixed-Use High
General Industrial
Employment Center
Industrial Park
Open Space
Parks and Recrea�on
Public and Quasi -Public
Rural County
Downtown Historic District
Downtown Expansion District
Civic/Cultural Arts District
Transi�onal District
Cannery District
Gateway District
Sta�on Area Mixed-Use Housing
Sta�on Area Mixed-Use Housing and Office
Sta�on Area Office
Hillside Residen�al
Low Density Residen�al
Medium Density Residen�al
High Density Residen�al
Neighborhood District High
Neighborhood District Low
General Services Commercial
City Gateway District
Visitor Serving Commercial
Mixed-Use Low
Mixed-Use High
General Industrial
Employment Center
Industrial Park
Open Space
Parks and Recrea�on
Public and Quasi -Public
Rural County
Downtown Historic District
Downtown Expansion District
Civic/Cultural Arts District
Transi�onal District
Cannery District
Gateway District
Sta�on Area Mixed-Use Housing
Sta�on Area Mixed-Use Housing and Office
Sta�on Area Office
Focus Area Selection
Low-Density Residential
Medium-Density Residential
High-Density Residential
Neighborhood District Low
General Services Commercial
City Gateway District
Employment Center
Industrial Park
Public and Quasi-Public
Mixed-Use Low
Downtown Specific Plan
City Limits
Urban Growth Boundary
Hillside Residen�al
Low Density Residen�al
Medium Density Residen�al
High Density Residen�al
Neighborhood District High
Neighborhood District Low
General Services Commercial
City Gateway District
Visitor Serving Commercial
Mixed-Use Low
Mixed-Use High
General Industrial
Employment Center
Industrial Park
Open Space
Parks and Recrea�on
Public and Quasi -Public
Rural County
Downtown Historic District
Downtown Expansion District
Civic/Cultural Arts District
Transi�onal District
Cannery District
Gateway District
Sta�on Area Mixed-Use Housing
Sta�on Area Mixed-Use Housing and Office
Sta�on Area Office
Hillside Residen�al
Low Density Residen�al
Medium Density Residen�al
High Density Residen�al
Neighborhood District High
Neighborhood District Low
General Services Commercial
City Gateway District
Visitor Serving Commercial
Mixed-Use Low
Mixed-Use High
General Industrial
Employment Center
Industrial Park
Open Space
Parks and Recrea�on
Public and Quasi -Public
Rural County
Downtown Historic District
Downtown Expansion District
Civic/Cultural Arts District
Transi�onal District
Cannery District
Gateway District
Sta�on Area Mixed-Use Housing
Sta�on Area Mixed-Use Housing and Office
Sta�on Area Office
Visitor-Serving Commercial
Focus Area Land Use Designations
8.A.b
Packet Pg. 183 Attachment: General Plan Alternatives Report (2490 : General Plan Update Preferred Land Use Alternative)
31
Public Review Draft | July 2019
The goal of the land use alternatives process is for the community to express a preference and the City
Council to adopt a preferred land use alternative that is the basis for the 2040 General Plan Land Use
Diagram. To provide the community and decision makers with information on which to base their preferences
and decisions, this report includes an evaluation of each citywide alternative using a variety of criteria.
This section starts with an “at-a-glance” summary, a snapshot of the results of the evaluation of the three
citywide alternatives. A more in-depth discussion follows, and a detailed description of the methodology used
in each of the evaluation criteria can be found in the Technical Appendix (under separate cover).
Section 6: Evaluation of
Citywide Alternatives
8.A.b
Packet Pg. 184 Attachment: General Plan Alternatives Report (2490 : General Plan Update Preferred Land Use Alternative)
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City of Gilroy | General Plan Alternatives Report
Summary of Evaluation
Range of Housing Types
Percentage of single-family (SF)
and multi-family (MF) housing units
Job Capacity
Number of new jobs that can be
accommodated
Land Use Efficiency
Average residential density and
employment intensity of new
development
Housing Affordability
Relative housing affordability, ranked
from least affordable ($$$) to most
affordable ($)
Average Wages
Combined average wages for all
new jobs
$$$$$$$$$
$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$
54% MF
46% SF
56% MF
44% SF
39% MF
61% SF
16,290 22,365 21,440
5.25 8.0 6.34 10.5 4.73 10.6
Housing Jobs Housing Jobs Housing JobsUnits per Acre:
$$$$$$
$125,000 $124,800 $130,000
A B C
$72,000-$75,250-$76,300-
8.A.b
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Fiscal Health
The net fiscal benefit to the City
(total revenue minus cost to
provide services)
Commute Patterns
Commute patterns for work trips
to and from Gilroy, including
internal trips
Vehicle Miles Traveled
Total vehicle miles traveled
Road Congestion
Percentage of total lane miles
operating at LOS D or worse during
PM Peak periods (considered
congested conditions)
2.1%2.8%2.1%
$15,418,000 $15,509,000
$18,834,000
Internal:
Outbound:
Inbound:
35%
32%
33%
37%
32%
31%
36%
26%
38%
A B C
Greenhouse Gas Emissions
Annual per capita GHG emissions,
measured in metric tons of carbon
dioxide equivalent (MT CO2e)
2.86
MT CO2e
2.75
MT CO2e
3.04
MT CO2e
2,669,017
Miles
2,879,149
Miles 2,713,505
Miles
8.A.b
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City of Gilroy | General Plan Alternatives Report
Range of Housing
Single-family homes are the
predominant housing type in Gilroy.
In 2015, there were 15,774
housing units in the city, of which 76
percent were single-family (including
mobile homes) and 24 percent were
multifamily. All three of the citywide
alternatives provide capacity for
a greater variety of housing types
compared to the current housing
stock. This is largely because of the
infill opportunities in the Downtown
and along First Street, as well as the
City’s Neighborhood District policy
that encourages a variety of housing
types.
As noted earlier, all three alternatives
provide more than enough housing
to meet the low market population
projection, and only Alternative B
has capacity that exceeds the high
market projection at full buildout.
Figure 7 shows that Alternative B
provides capacity for the greatest
amount and the greatest variety of
housing. It has capacity for 4,720
new single-family homes and 6,170
multi-family units. At full buildout,
this would result in a total of about
26,665 units in Gilroy, of which
about 63 percent would be single
family and 37 percent would be
multifamily.
FIGURE 6: NEW HOUSING UNIT CAPACITY VS. 2015-2040 PROJECTION
9,090 High
Market Projection
7,350 Medium
Market Projection
5,620 Low
Market Projection
A B C
12,000
9,000
6,000
3,000
0
7,290
3,340
3,950
10,890
6,170
4,720
6,330
2,440
3,890
Single-Family Units
Multi-Family UnitsNew Housing UnitsFIGURE 7: TOTAL HOUSING UNITS BY TYPE (2040)
15,000
10,000
5,000
0
16,015 16,790
15,962
7,046
9,874
6,147
3,948
12,067 3,339
3,707
12,067
4,723
3,707
6,167
12,067
3,895
3,707
2,440
A B C
Single-
Family
Multi-
Family
Single-
Family
Multi-
Family
Single-
Family
Multi-
FamilyHousing UnitsExisting Housing UnitsNew Housing Units
8.A.b
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Land Use Efficiency
Land use efficiency is a measure of the average number of units and jobs
per acre of land developed. At full buildout, Alternative B: Housing Focus
averages 6.34 housing units per acre, higher than Alternatives A and C.
Alternative C: Low Residential Growth has the lowest average residential
density, but a higher average employment intensity (jobs/acre) with the
addition of the Employment Center to Focus Areas 1 and 5. The employment
intensity of Alternative B is higher than Alternative A because of the intense
job development associated with the Downtown Station Area Preferred
Alternative.
TABLE 3: HOUSING AND JOBS PER ACRE
Average Housing Units/Acre Average Jobs/Acre
Alternative A 5.25 8.0
Alternative B 6.34 10.5
Alternative C 4.73 10.6
Jobs Capacity
This criteria measures the projected number of new jobs that each alternative
can accommodate, assuming the full buildout of all land designated
for employment. Alternative B provides the greatest capacity for new
jobs because it designates the greatest amount of land for employment,
specifically in the Station Area. All three alternatives include more land than
required to support the market-based projection of job growth by 2040.
Job Capacity Per AlternativeA16,290 B 22,360 C 21,440
8.A.b
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City of Gilroy | General Plan Alternatives Report
FIGURE 8:
ALTERNATIVE A:
JOBS PER LAND
USE DESIGNATION
FIGURE 9:
ALTERNATIVE B:
JOBS PER LAND
USE DESIGNATION
FIGURE 10:
ALTERNATIVE C:
JOBS PER LAND
USE DESIGNATION
A
B
C
0 1,000 2,000 3,000 4,000 5,000 6,000 7,000 8,000 9,000 10,000 11,000
Public-Quasi-Public
Employment Center
Industrial Park
General Industrial
Glen Loma Ranch Specific Plan
Downtown Gilroy Specific Plan
City Gateway District
Visitor-Serving Commercial
General Services Commercial
Mixed-Use Corridor Low
Neighborhood District High
Neighborhood District Low 168
241
584
1,594
131
1,068
2,843
254
3,821
2,071
3,295
217
0 1,000 2,000 3,000 4,000 5,000 6,000 7,000 8,000 9,000 10,000 11,000
Public-Quasi-Public
Employment Center
Industrial Park
General Industrial
Glen Loma Ranch Specific Plan
Downtown Gilroy Station Area Plan
Downtown Gilroy Specific Plan
City Gateway District
Visitor-Serving Commercial
General Services Commercial
Mixed-Use Corridor High
Neighborhood District High 604
748
1,594
298
1,068
2,843
6,932
254
3,821
691
3,295
217
0 1,000 2,000 3,000 4,000 5,000 6,000 7,000 8,000 9,000 10,000 11,000
Public-Quasi-Public
Employment Center
Industrial Park
General Industrial
Glen Loma Ranch Specific Plan
Downtown Gilroy Specific Plan
City Gateway District
Visitor-Serving Commercial
General Services Commercial
Mixed-Use Corridor Low
Neighborhood District Low 366
584
1,594
131
1,068
2,843
254
3,821
373
10,188
217
0 1,000 2,000 3,000 4,000 5,000 6,000 7,000 8,000 9,000 10,000 11,000
Public-Quasi-Public
Employment Center
Industrial Park
General Industrial
Glen Loma Ranch Specific Plan
Downtown Gilroy Specific Plan
City Gateway District
Visitor-Serving Commercial
General Services Commercial
Mixed-Use Corridor Low
Neighborhood District High
Neighborhood District Low 168
241
584
1,594
131
1,068
2,843
254
3,821
2,071
3,295
217
0 1,000 2,000 3,000 4,000 5,000 6,000 7,000 8,000 9,000 10,000 11,000
Public-Quasi-Public
Employment Center
Industrial Park
General Industrial
Glen Loma Ranch Specific Plan
Downtown Gilroy Station Area Plan
Downtown Gilroy Specific Plan
City Gateway District
Visitor-Serving Commercial
General Services Commercial
Mixed-Use Corridor High
Neighborhood District High 604
748
1,594
298
1,068
2,843
6,932
254
3,821
691
3,295
217
0 1,000 2,000 3,000 4,000 5,000 6,000 7,000 8,000 9,000 10,000 11,000
Public-Quasi-Public
Employment Center
Industrial Park
General Industrial
Glen Loma Ranch Specific Plan
Downtown Gilroy Specific Plan
City Gateway District
Visitor-Serving Commercial
General Services Commercial
Mixed-Use Corridor Low
Neighborhood District Low 366
584
1,594
131
1,068
2,843
254
3,821
373
10,188
217
0 1,000 2,000 3,000 4,000 5,000 6,000 7,000 8,000 9,000 10,000 11,000
Public-Quasi-Public
Employment Center
Industrial Park
General Industrial
Glen Loma Ranch Specific Plan
Downtown Gilroy Specific Plan
City Gateway District
Visitor-Serving Commercial
General Services Commercial
Mixed-Use Corridor Low
Neighborhood District High
Neighborhood District Low 168
241
584
1,594
131
1,068
2,843
254
3,821
2,071
3,295
217
0 1,000 2,000 3,000 4,000 5,000 6,000 7,000 8,000 9,000 10,000 11,000
Public-Quasi-Public
Employment Center
Industrial Park
General Industrial
Glen Loma Ranch Specific Plan
Downtown Gilroy Station Area Plan
Downtown Gilroy Specific Plan
City Gateway District
Visitor-Serving Commercial
General Services Commercial
Mixed-Use Corridor High
Neighborhood District High 604
748
1,594
298
1,068
2,843
6,932
254
3,821
691
3,295
217
0 1,000 2,000 3,000 4,000 5,000 6,000 7,000 8,000 9,000 10,000 11,000
Public-Quasi-Public
Employment Center
Industrial Park
General Industrial
Glen Loma Ranch Specific Plan
Downtown Gilroy Specific Plan
City Gateway District
Visitor-Serving Commercial
General Services Commercial
Mixed-Use Corridor Low
Neighborhood District Low 366
584
1,594
131
1,068
2,843
254
3,821
373
10,188
217
8.A.b
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This criteria measures the percentage of jobs and average wages by industry.
Figure 11 shows the percentages of jobs in Manufacturing/Wholesale (Industrial),
Retail/Services (Commercial), and Office-based businesses for each alternative.
Alternative A has more industrial and commercial jobs, but fewer office jobs than
the other alternatives. Alternative B is more focused on office jobs while Alternative
C has a balance of office and industrial jobs but fewer commercial jobs.
These broad land use categories can support many different kinds of businesses,
depending on the future economic development market in Gilroy. For example,
the industrial market in Gilroy is currently largely centered on the food processing
sector, whereas in Santa Clara County manufacturing and wholesale is more
technology-oriented. Similarly, the office space market in Gilroy currently supports
professions such as civil engineering, architecture, accounting, and legal practices,
while elsewhere in Santa Clara County the office business mix is more associated
with internet and software companies. These differences affect the wages than can
be expected from new job growth in the General Plan Alternatives. Using Santa
Clara County average wages, the categories are estimated to pay the following
average annual wages, depending on the future job mix:
City Job Mix:County Job Mix:
Manufacturing/Wholesale (MW)$90,600 $179,700
Retail/Services (RS)$40,600 $58,300
Office (O)$98,800 $156,900
Using the weighted average wages for jobs in each land use category, Figure 12
shows the combined average wage produced by each alternative. The differences
are not major among the alternatives, but Alternative C offers an average wage
of $76,300 to $130,300 compared to $72,000 to $125,000 for Alternative A
and $75,250 to $124,800 for Alternatives A and B, respectively. This is due to
the balance of industrial and office jobs in Alternative C, compared to the higher
levels of retail/services jobs in the other alternatives.
Employment Mix and Average Wages FIGURE 11: PERCENT OF
JOBS BY CATEGORY
FIGURE 12: COMBINED WEIGHTED
AVERAGE ANNUAL WAGES
A B C
$125,000$140,000
$120,000
$100,000
$80,000
$60,000
$40,000
$20,000
0
$124,800 $130,300
County Job MixCity Job MixCounty Job MixCity Job MixCounty Job MixCity Job Mix$72,000 $75,250 $76,300
MW
RS
O
C
B
A
53%
19%
28%
30%
18%
52%
43%
15%
42%
MW
RS
O
MW
RS
O
8.A.b
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City of Gilroy | General Plan Alternatives Report
This criteria measures housing affordability for low-
density (LDR), medium-density (MDR), and high-density
(HDR) housing. Table 4 shows the estimated average
sales prices for each residential category based on
recent market activity in Gilroy. The table also shows
the estimated monthly payment required for homes at
these prices. Assuming housing costs are 30 percent
of household income, the table shows what annual
household income and individual salary would be
required to purchase the homes. Many homes have more
than one worker and in Gilroy on average it is estimated
there are 1.8 workers per household. Two or more
workers in the same household would combine incomes
to qualify to purchase a home. The figures in the right
hand column of the table indicate the average salary
that each worker in the household would need to earn to
make the required household income. These salary levels
can be compared with the average salaries for the jobs
in each alternative shown in the section above.
Housing Affordability
In order to purchase the average low-density single-
family house at $682,000, a household would need to
make $142,400 per year. This could be accomplished
with two workers earning average industrial or office
wages in Gilroy, or with one worker in an industrial or
office-based technology job. The medium-density houses
could be purchased with one worker making industrial
or office wages in Gilroy and an additional worker in
retail or services. The higher-density houses would be
affordable to households with two workers in retail/
services.
TABLE 4: PROJECTED PRICES AND REQUIRED INCOMES FOR MAJOR HOUSING TYPES BY ALTERNATIVE
Housing
Type
Alternatives
Housing AffordabilityABC
Units %Units %Units %
Purchase
Price
Monthly
Payment
Household
Income
Individual
Salary
LDR 3,511 48.2%4,073 37.4%3,599 56.8%$682,000 $3,560 $142,400 $79,111
MDR 1,219 16.7%2,250 20.7%653 10.3%$520,800 $2,719 $108,700 $60,389
HDR 2,557 35.1%4,568 41.9%2,081 32.9%$367,000 $1,916 $76,600 $42,556
LDR = Low-Density Residential
MDR = Medium-Density Residential
HDR = High-Density Residential
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In terms of how the Alternatives compare overall for
average salary and average housing cost, Alternative
C has a higher percentage of more expensive units
and also offers the highest average wage among the
alternatives. Alternative B has the highest percentage of
lower-priced housing and also provides a slightly lower
average wage than do Alternatives A or C.
The biggest housing affordability issue is for workers
in retail and services. Comparing the numbers of low-
wage retail/service jobs in each alternative to the
number of housing units planned in the more affordable
residential categories, there is some potential for
housing affordability issues. As shown in the analysis
of average wages, retail/services jobs generally pay
$40,600 to $58,000 per year. This would allow most
workers in the commercial sector to afford housing in
the high- and medium-density residential categories. As
shown in Table 2, all of the alternatives provide more
jobs in the retail/services categories than housing in
the high- and medium-density categories. The deficit is
greatest for Alternative C and lowest for Alternative B.
However, the market projection for 2040 suggests that
more realistic retail/services job growth would be about
4,700 jobs. Alternative B provides more than enough
affordable housing under this market-based scenario
while Alternative A and Alternative C are about 1,000
and 2,000 units short, respectively.
TABLE 5: RETAIL/SERVICES JOBS VS. MEDIUM- AND HIGH-DENSITY HOUSING BY ALTERNATIVE
Alternative Retail/Service Jobs Medium- and High=Density
Housing
Market Projection of
Retail/Service Jobs
Alternative A 6,758 3,776 4,741
Alternative B 8,465 6,818 4,741
Alternative C 7,413 2,734 4,741
8.A.b
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City of Gilroy | General Plan Alternatives Report
Fiscal Health
Fiscal health is measured as the ratio of City revenues
generated by each alternative to the costs to provide
services and infrastructure to support projected
development, and expressed as the net fiscal impact.
The higher the ratio of annual revenues to costs means
there is a better balance between costs for services and
incoming revenues. The figures reflect annual costs and
revenues at full build out of the alternatives.
Overall residential land uses generally create more cost
for the City than the tax revenue they generate. The
City relies on its commercial and industrial land uses
to augment the tax base needed to provide services to
residential neighborhoods.
Alternative B generates the most annual revenue, at
$41.4 million per year, but also would require the
highest cost for services, at $25.9 million. The net
revenue of $15.5 million is just slightly above the net
revenue of Alternative A, at $15.4 million. Alternative C
has the highest net revenue at $18.8 million per year.
For Alternative C, the revenues are 2.2 times higher than
projected service costs, compared to a ratio of 1.9 for
Alternative A and 1.6 for Alternative B. Alternative C
has the most favorable ratio of revenue to costs of the
three alternatives This is mainly due to the mix of land
uses in each alternative.
FIGURE 13: FISCAL IMPACT BY ALTERNATIVE
FIGURE 15: RATIO OF ANNUAL REVENUES
TO COSTS FOR EACH ALTERNATIVEA1.9
B 1.6
C 2.2
FIGURE 14:
FISCAL IMPACT BY MAJOR LAND USE CATEGORY
A B C
$45,000,000
$40,000,000
$35,000,000
$30,000,000
$25,000,000
$20,000,000
$15,000,000
$10,000,000
$5,000,000
$0
Revenue Cost Net
$40,000,000
$35,000,000
$30,000,000
$25,000,000
$20,000,000
$15,000,000
$10,000,000
$5,000,000
$0
-$5,000,000
Residential Non-
Residential Total
Revenue Cost Net
Residential land uses generally create more cost for the
City than tax revenue they generate. The City relies on
its commercial and industrial land uses to augment the
tax base to provide services.
8.A.b
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Public Review Draft | July 2019
Commute Patterns
Currently, more people commute for work to areas outside Gilroy (45 percent) compared to people commuting into
Gilroy (35 percent). In the future, this pattern could become more balanced between inbound and outbound trips with
Alternatives A and B. The reverse would occur with Alternative C shown below, where more people would commute
into than out of Gilroy for work.
Trip Generation
This measure looks at the total estimated number of trips made for all purposes (e.g., work, school, shopping) during
peak morning and evening hours for each of the three alternatives. Alternatives A and C would have roughly the same
total trip generation and Alternative B would have about 11,000 to 12,000 more peak-hour trips than the other two
alternatives.
FIGURE 16: COMMUTE PATTERNS (WORK-RELATED TRIPS)
Existing
(2017)A B C
40,000
35,000
30,000
25,000
20,000
15,500
10,000
5,000
0
17,849
20,383
17,849
29,476
27,011 26,869
34,508
29,741 28,310
31,195
23,002
32,650
Internal TripsOutbound TripsInbound TripsInternal TripsOutbound TripsInbound TripsInternal TripsOutbound TripsInbound TripsInternal TripsOutbound TripsInbound TripsFIGURE 17: TOTAL PEAK-HOUR TRIP GENERATION
Existing
(2017)
80,530 116,209 128,472 117,553Trips
A B C
8.A.b
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City of Gilroy | General Plan Alternatives Report
Vehicle Miles Traveled (VMT) per Capita
This criteria measures vehicle miles traveled
to determine the effects of proposed land use
changes on traffic patterns within the city. Since
the travel demand model generates traffic
based on population (defined by the number
of housing units) and jobs, for the purpose of
comparison, the definition of “per capita” is
the sum of Gilroy population and Gilroy jobs.
The results show that the VMT per capita would
increase by approximately 0.6 for Alternative
B and by 0.8 miles for Alternative A and C
compared to 2017. Although Alternative B
would have slightly higher overall VMT than
the other two alternatives, it also would have
a slightly higher percentage of internal trips
(trips that start and end in Gilroy) compared
to the other alternatives, which results in lower
VMT per capita. This is likely the result of the
larger increase in the number of multi-family
units assumed in Alternative B and a better
balance between jobs and employed residents
in Gilroy.
Vehicle Miles Traveled (VMT) by Facility Type
This criteria measures the peak-hour VMT on
three transportation facility types (freeways,
arterials, and collectors) within the city for
each of the land use alternatives. The values
in the table represent the sum of the AM
and PM peak-hour VMT results produced by
the model. The VMT analysis indicates that
Alternatives A and C would result in similar
increases in peak-hour VMT (approximately
43 percent) compared to existing (2017).
Alternative B would result in an increase
in peak-hour VMT of approximately 50
percent compared to existing (2017).
FIGURE 18: VMT PER CAPITA BY ALTERNATIVE
TABLE 6: PEAK-HOUR VMT PER ALTERNATIVE
Facility Type
Scenario Freeways Arterials Collectors Total
Existing (2017)99,935 78,182 30,673 208,790
Alternative A 137,154 118,527 41,879 297,560
Alternative B 140,473 127,497 45,592 313,562
Alternative C 137,816 118,523 42,486 298,825
Existing
(2017)A B C
20.4 21.2 21.0 21.2
20.0
15.0
10.0
5.0
0
8.A.b
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Public Review Draft | July 2019
Existing
(2017)A B C
Local Roadways 0.7%1.3%1.7%1.2%
Freeways 7.7%4.1%4.1%4.1%
Roadway Congestion Analysis
This criteria measures traffic congestion on roads in Gilroy using level of service (LOS). Level of service is
a qualitative description of operating conditions (degree of delays at intersections) ranging from LOS A,
or free-flow conditions with little or no delay, to LOS F, or jammed conditions with excessive delays. The
analysis evaluates the percentage of lane-miles within the roadway network system projected to operate
at various LOS grades during the AM and PM peak hours. For this analysis, LOS C or better is considered
acceptable operating conditions; LOS D or worse is considered congested operating conditions. These
tables show that demand on the transportation system would be slightly higher with Alternative B. However,
the results indicate that the anticipated overall level of congestion on local roadways would be relatively
low with all the General Plan alternatives. The results also indicate that the local transportation system would
have roughly the same projected traffic demands with each of the land use alternatives. Therefore, traffic
conditions and the level of transportation infrastructure improvements needed would be about the same with
each of the land use alternatives.
TABLE 7: AM PEAK-HOUR ROADWAY CONGESTION
Existing
(2017)A B C
Local Roadways 0.6%0.6%0.8%0.8%
Freeways 15.4%13.2%17.6%12.0%
TABLE 8: PM PEAK-HOUR ROADWAY CONGESTION
(PERCENTAGE OF LANE MILES OPERATING AT LOS D OR WORSE)
(PERCENTAGE OF LANE MILES OPERATING AT LOS D OR WORSE)
8.A.b
Packet Pg. 196 Attachment: General Plan Alternatives Report (2490 : General Plan Update Preferred Land Use Alternative)
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City of Gilroy | General Plan Alternatives Report
Greenhouse gas emissions (GHGs) are generated by a variety of human
activities and natural processes. Those generated by human activity,
primarily through the combustion of fossil fuels used to power vehicles and
to generate electricity, have been identified by the scientific community as
contributing to global climate change. Climate change has the potential to
create widespread impacts that include sea level rise, increased incidence
of disease, reduced water availability, increased fire hazards, extreme heat,
flooding, and more.
A comparison of the per capita1 per year GHG emissions for the three
alternatives provides the most relevant measure for ranking GHG emission
characteristics. Alternative B has the lowest per capita GHG emissions rate
of 2.75, measured in MT CO2e (metric tons of carbon dioxide equivalent),
followed by Alternative A with a rate of 2.86, and Alternative C with a rate
of 3.04. This is largely because Alternative B includes a greater percentage
of multifamily units in proximity to transit. However, because Alternative B
has capacity for the greatest population growth at full buildout, it also has an
overall higher level of total GHG emissions.
1 Capita includes both population and jobs for this analysis.
Greenhouse Gas Emissions
GHG Emission Per Capita Per Year 2.86
MT CO2e
2.75
MT CO2e
3.04
MT CO2e
A B C
Total GHG Emissions Per Year 112,070
MT CO2e
139,460
MT CO2e
126,080
MT CO2e
8.A.b
Packet Pg. 197 Attachment: General Plan Alternatives Report (2490 : General Plan Update Preferred Land Use Alternative)
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Public Review Draft | July 2019Section 7:
Citywide Land Use Maps
45
8.A.b
Packet Pg. 198 Attachment: General Plan Alternatives Report (2490 : General Plan Update Preferred Land Use Alternative)
4646
General Plan Map2020
Hillside Residential
Low-Density Residential
Medium-Density Residential
High-Density Residential
Neighborhood District
General Services Commercial
Visitor-Serving Commercial
Professional Office
General Industry
Industrial Park
Campus Industrial
Open Space
Parks and Recreation
Public and Quasi-Public
Educational Facility
Hecker Pass Special Use District
Downtown Specific PlanRural Residential
Hillside Residen�al
Low Density Residen�al
Medium Density Residen�al
High Density Residen�al
Neighborhood District High
Neighborhood District Low
General Services Commercial
City Gateway District
Visitor Serving Commercial
Mixed-Use Low
Mixed-Use High
General Industrial
Employment Center
Industrial Park
Open Space
Parks and Recrea�on
Public and Quasi -Public
Rural County
Downtown Historic District
Downtown Expansion District
Civic/Cultural Arts District
Transi�onal District
Cannery District
Gateway District
Sta�on Area Mixed-Use Housing
Sta�on Area Mixed-Use Housing and Office
Sta�on Area Office
Hillside Residen�al
Low Density Residen�al
Medium Density Residen�al
High Density Residen�al
Neighborhood District High
Neighborhood District Low
General Services Commercial
City Gateway District
Visitor Serving Commercial
Mixed-Use Low
Mixed-Use High
General Industrial
Employment Center
Industrial Park
Open Space
Parks and Recrea�on
Public and Quasi -Public
Rural County
Downtown Historic District
Downtown Expansion District
Civic/Cultural Arts District
Transi�onal District
Cannery District
Gateway District
Sta�on Area Mixed-Use Housing
Sta�on Area Mixed-Use Housing and Office
Sta�on Area Office
Hillside Residen�al
Low Density Residen�al
Medium Density Residen�al
High Density Residen�al
Neighborhood District High
Neighborhood District Low
General Services Commercial
City Gateway District
Visitor Serving Commercial
Mixed-Use Low
Mixed-Use High
General Industrial
Employment Center
Industrial Park
Open Space
Parks and Recrea�on
Public and Quasi -Public
Rural County
Downtown Historic District
Downtown Expansion District
Civic/Cultural Arts District
Transi�onal District
Cannery District
Gateway District
Sta�on Area Mixed-Use Housing
Sta�on Area Mixed-Use Housing and Office
Sta�on Area Office
Hillside Residen�al
Low Density Residen�al
Medium Density Residen�al
High Density Residen�al
Neighborhood District High
Neighborhood District Low
General Services Commercial
City Gateway District
Visitor Serving Commercial
Mixed-Use Low
Mixed-Use High
General Industrial
Employment Center
Industrial Park
Open Space
Parks and Recrea�on
Public and Quasi -Public
Rural County
Downtown Historic District
Downtown Expansion District
Civic/Cultural Arts District
Transi�onal District
Cannery District
Gateway District
Sta�on Area Mixed-Use Housing
Sta�on Area Mixed-Use Housing and Office
Sta�on Area Office
Hillside Residen�al
Low Density Residen�al
Medium Density Residen�al
High Density Residen�al
Neighborhood District High
Neighborhood District Low
General Services Commercial
City Gateway District
Visitor Serving Commercial
Mixed-Use Low
Mixed-Use High
General Industrial
Employment Center
Industrial Park
Open Space
Parks and Recrea�on
Public and Quasi -Public
Rural County
Downtown Historic District
Downtown Expansion District
Civic/Cultural Arts District
Transi�onal District
Cannery District
Gateway District
Sta�on Area Mixed-Use Housing
Sta�on Area Mixed-Use Housing and Office
Sta�on Area Office
City Limits
Urban Growth
Boundary Glen Loma Ranch
8.A.b
Packet Pg. 199 Attachment: General Plan Alternatives Report (2490 : General Plan Update Preferred Land Use Alternative)
47
Screencheck Draft | March 2018ACitywide Alternative
Hillside Residen�al
Low Density Residen�al
Medium Density Residen�al
High Density Residen�al
Neighborhood District High
Neighborhood District Low
General Services Commercial
City Gateway District
Visitor Serving Commercial
Mixed-Use Low
Mixed-Use High
General Industrial
Employment Center
Industrial Park
Open Space
Parks and Recrea�on
Public and Quasi -Public
Rural County
Downtown Historic District
Downtown Expansion District
Civic/Cultural Arts District
Transi�onal District
Cannery District
Gateway District
Sta�on Area Mixed-Use Housing
Sta�on Area Mixed-Use Housing and Office
Sta�on Area Office
Hillside Residen�al
Low Density Residen�al
Medium Density Residen�al
High Density Residen�al
Neighborhood District High
Neighborhood District Low
General Services Commercial
City Gateway District
Visitor Serving Commercial
Mixed-Use Low
Mixed-Use High
General Industrial
Employment Center
Industrial Park
Open Space
Parks and Recrea�on
Public and Quasi -Public
Rural County
Downtown Historic District
Downtown Expansion District
Civic/Cultural Arts District
Transi�onal District
Cannery District
Gateway District
Sta�on Area Mixed-Use Housing
Sta�on Area Mixed-Use Housing and Office
Sta�on Area Office
Hillside Residen�al
Low Density Residen�al
Medium Density Residen�al
High Density Residen�al
Neighborhood District High
Neighborhood District Low
General Services Commercial
City Gateway District
Visitor Serving Commercial
Mixed-Use Low
Mixed-Use High
General Industrial
Employment Center
Industrial Park
Open Space
Parks and Recrea�on
Public and Quasi -Public
Rural County
Downtown Historic District
Downtown Expansion District
Civic/Cultural Arts District
Transi�onal District
Cannery District
Gateway District
Sta�on Area Mixed-Use Housing
Sta�on Area Mixed-Use Housing and Office
Sta�on Area Office
Hillside Residen�al
Low Density Residen�al
Medium Density Residen�al
High Density Residen�al
Neighborhood District High
Neighborhood District Low
General Services Commercial
City Gateway District
Visitor Serving Commercial
Mixed-Use Low
Mixed-Use High
General Industrial
Employment Center
Industrial Park
Open Space
Parks and Recrea�on
Public and Quasi -Public
Rural County
Downtown Historic District
Downtown Expansion District
Civic/Cultural Arts District
Transi�onal District
Cannery District
Gateway District
Sta�on Area Mixed-Use Housing
Sta�on Area Mixed-Use Housing and Office
Sta�on Area Office
Hillside Residen�al
Low Density Residen�al
Medium Density Residen�al
High Density Residen�al
Neighborhood District High
Neighborhood District Low
General Services Commercial
City Gateway District
Visitor Serving Commercial
Mixed-Use Low
Mixed-Use High
General Industrial
Employment Center
Industrial Park
Open Space
Parks and Recrea�on
Public and Quasi -Public
Rural County
Downtown Historic District
Downtown Expansion District
Civic/Cultural Arts District
Transi�onal District
Cannery District
Gateway District
Sta�on Area Mixed-Use Housing
Sta�on Area Mixed-Use Housing and Office
Sta�on Area Office
Hillside Residen�al
Low Density Residen�al
Medium Density Residen�al
High Density Residen�al
Neighborhood District High
Neighborhood District Low
General Services Commercial
City Gateway District
Visitor Serving Commercial
Mixed-Use Low
Mixed-Use High
General Industrial
Employment Center
Industrial Park
Open Space
Parks and Recrea�on
Public and Quasi -Public
Rural County
Downtown Historic District
Downtown Expansion District
Civic/Cultural Arts District
Transi�onal District
Cannery District
Gateway District
Sta�on Area Mixed-Use Housing
Sta�on Area Mixed-Use Housing and Office
Sta�on Area Office
Hillside Residential
Low-Density Residential
Medium-Density Residential
High-Density Residential
Neighborhood District High
General Services Commercial
City Gatewaty District
Mixed-Use Low
General Industrial
Employment Center
Industrial Park
Open Space
Parks and Recreation
Public and Quasi-Public
Rural County
Hecker Pass Special Use District
Downtown Specific Plan
Neighborhood District Low
Glen Loma Ranch
Hillside Residen�al
Low Density Residen�al
Medium Density Residen�al
High Density Residen�al
Neighborhood District High
Neighborhood District Low
General Services Commercial
City Gateway District
Visitor Serving Commercial
Mixed-Use Low
Mixed-Use High
General Industrial
Employment Center
Industrial Park
Open Space
Parks and Recrea�on
Public and Quasi -Public
Rural County
Downtown Historic District
Downtown Expansion District
Civic/Cultural Arts District
Transi�onal District
Cannery District
Gateway District
Sta�on Area Mixed-Use Housing
Sta�on Area Mixed-Use Housing and Office
Sta�on Area Office
Visitor-Serving CommercialCity Limits
Urban Growth
Boundary
8.A.b
Packet Pg. 200 Attachment: General Plan Alternatives Report (2490 : General Plan Update Preferred Land Use Alternative)
4848
B Citywide Alternative
Hillside Residen�al
Low Density Residen�al
Medium Density Residen�al
High Density Residen�al
Neighborhood District High
Neighborhood District Low
General Services Commercial
City Gateway District
Visitor Serving Commercial
Mixed-Use Low
Mixed-Use High
General Industrial
Employment Center
Industrial Park
Open Space
Parks and Recrea�on
Public and Quasi -Public
Rural County
Downtown Historic District
Downtown Expansion District
Civic/Cultural Arts District
Transi�onal District
Cannery District
Gateway District
Sta�on Area Mixed-Use Housing
Sta�on Area Mixed-Use Housing and Office
Sta�on Area Office
Hillside Residen�al
Low Density Residen�al
Medium Density Residen�al
High Density Residen�al
Neighborhood District High
Neighborhood District Low
General Services Commercial
City Gateway District
Visitor Serving Commercial
Mixed-Use Low
Mixed-Use High
General Industrial
Employment Center
Industrial Park
Open Space
Parks and Recrea�on
Public and Quasi -Public
Rural County
Downtown Historic District
Downtown Expansion District
Civic/Cultural Arts District
Transi�onal District
Cannery District
Gateway District
Sta�on Area Mixed-Use Housing
Sta�on Area Mixed-Use Housing and Office
Sta�on Area Office
Hillside Residen�al
Low Density Residen�al
Medium Density Residen�al
High Density Residen�al
Neighborhood District High
Neighborhood District Low
General Services Commercial
City Gateway District
Visitor Serving Commercial
Mixed-Use Low
Mixed-Use High
General Industrial
Employment Center
Industrial Park
Open Space
Parks and Recrea�on
Public and Quasi -Public
Rural County
Downtown Historic District
Downtown Expansion District
Civic/Cultural Arts District
Transi�onal District
Cannery District
Gateway District
Sta�on Area Mixed-Use Housing
Sta�on Area Mixed-Use Housing and Office
Sta�on Area Office
Hillside Residen�al
Low Density Residen�al
Medium Density Residen�al
High Density Residen�al
Neighborhood District High
Neighborhood District Low
General Services Commercial
City Gateway District
Visitor Serving Commercial
Mixed-Use Low
Mixed-Use High
General Industrial
Employment Center
Industrial Park
Open Space
Parks and Recrea�on
Public and Quasi -Public
Rural County
Downtown Historic District
Downtown Expansion District
Civic/Cultural Arts District
Transi�onal District
Cannery District
Gateway District
Sta�on Area Mixed-Use Housing
Sta�on Area Mixed-Use Housing and Office
Sta�on Area Office
Hillside Residen�al
Low Density Residen�al
Medium Density Residen�al
High Density Residen�al
Neighborhood District High
Neighborhood District Low
General Services Commercial
City Gateway District
Visitor Serving Commercial
Mixed-Use Low
Mixed-Use High
General Industrial
Employment Center
Industrial Park
Open Space
Parks and Recrea�on
Public and Quasi -Public
Rural County
Downtown Historic District
Downtown Expansion District
Civic/Cultural Arts District
Transi�onal District
Cannery District
Gateway District
Sta�on Area Mixed-Use Housing
Sta�on Area Mixed-Use Housing and Office
Sta�on Area Office
Hillside Residen�al
Low Density Residen�al
Medium Density Residen�al
High Density Residen�al
Neighborhood District High
Neighborhood District Low
General Services Commercial
City Gateway District
Visitor Serving Commercial
Mixed-Use Low
Mixed-Use High
General Industrial
Employment Center
Industrial Park
Open Space
Parks and Recrea�on
Public and Quasi -Public
Rural County
Downtown Historic District
Downtown Expansion District
Civic/Cultural Arts District
Transi�onal District
Cannery District
Gateway District
Sta�on Area Mixed-Use Housing
Sta�on Area Mixed-Use Housing and Office
Sta�on Area Office
Hillside Residential
Low-Density Residential
Medium-Density Residential
High-Density Residential
Neighborhood District High
General Services Commercial
City Gateway District
Mixed-Use High
Hecker Pass Special Use District
Downtown Specific Plan
Neighborhood District Low
Glen Loma Ranch
Mixed-Use Housing/Office
Mixed-Use Housing
Office
General Industrial
Employment Center
Industrial Park
Open Space
Parks and Recreation
Public and Quasi-Public
Rural County
Hillside Residen�al
Low Density Residen�al
Medium Density Residen�al
High Density Residen�al
Neighborhood District High
Neighborhood District Low
General Services Commercial
City Gateway District
Visitor Serving Commercial
Mixed-Use Low
Mixed-Use High
General Industrial
Employment Center
Industrial Park
Open Space
Parks and Recrea�on
Public and Quasi -Public
Rural County
Downtown Historic District
Downtown Expansion District
Civic/Cultural Arts District
Transi�onal District
Cannery District
Gateway District
Sta�on Area Mixed-Use Housing
Sta�on Area Mixed-Use Housing and Office
Sta�on Area Office
Hillside Residen�al
Low Density Residen�al
Medium Density Residen�al
High Density Residen�al
Neighborhood District High
Neighborhood District Low
General Services Commercial
City Gateway District
Visitor Serving Commercial
Mixed-Use Low
Mixed-Use High
General Industrial
Employment Center
Industrial Park
Open Space
Parks and Recrea�on
Public and Quasi -Public
Rural County
Downtown Historic District
Downtown Expansion District
Civic/Cultural Arts District
Transi�onal District
Cannery District
Gateway District
Sta�on Area Mixed-Use Housing
Sta�on Area Mixed-Use Housing and Office
Sta�on Area Office
Visitor-Serving CommercialCity Limits
Urban Growth
Boundary
8.A.b
Packet Pg. 201 Attachment: General Plan Alternatives Report (2490 : General Plan Update Preferred Land Use Alternative)
49
Public Review Draft | July 2019Screencheck Draft | March 2018CCitywide Alternative
Hillside Residen�al
Low Density Residen�al
Medium Density Residen�al
High Density Residen�al
Neighborhood District High
Neighborhood District Low
General Services Commercial
City Gateway District
Visitor Serving Commercial
Mixed-Use Low
Mixed-Use High
General Industrial
Employment Center
Industrial Park
Open Space
Parks and Recrea�on
Public and Quasi -Public
Rural County
Downtown Historic District
Downtown Expansion District
Civic/Cultural Arts District
Transi�onal District
Cannery District
Gateway District
Sta�on Area Mixed-Use Housing
Sta�on Area Mixed-Use Housing and Office
Sta�on Area Office
Hillside Residen�al
Low Density Residen�al
Medium Density Residen�al
High Density Residen�al
Neighborhood District High
Neighborhood District Low
General Services Commercial
City Gateway District
Visitor Serving Commercial
Mixed-Use Low
Mixed-Use High
General Industrial
Employment Center
Industrial Park
Open Space
Parks and Recrea�on
Public and Quasi -Public
Rural County
Downtown Historic District
Downtown Expansion District
Civic/Cultural Arts District
Transi�onal District
Cannery District
Gateway District
Sta�on Area Mixed-Use Housing
Sta�on Area Mixed-Use Housing and Office
Sta�on Area Office
Hillside Residen�al
Low Density Residen�al
Medium Density Residen�al
High Density Residen�al
Neighborhood District High
Neighborhood District Low
General Services Commercial
City Gateway District
Visitor Serving Commercial
Mixed-Use Low
Mixed-Use High
General Industrial
Employment Center
Industrial Park
Open Space
Parks and Recrea�on
Public and Quasi -Public
Rural County
Downtown Historic District
Downtown Expansion District
Civic/Cultural Arts District
Transi�onal District
Cannery District
Gateway District
Sta�on Area Mixed-Use Housing
Sta�on Area Mixed-Use Housing and Office
Sta�on Area Office
Hillside Residential
Low-Density Residential
Medium-Density Residential
High-Density Residential
General Services Commercial
City Gateway District
Mixed-Use Low
General Industrial
Employment Center
Industrial Park
Open Space
Parks and Recreation
Public and Quasi-Public
Rural County
Hecker Pass Special Use District
Downtown Specific Plan
Neighborhood District Low
Glen Loma Ranch
Hillside Residen�al
Low Density Residen�al
Medium Density Residen�al
High Density Residen�al
Neighborhood District High
Neighborhood District Low
General Services Commercial
City Gateway District
Visitor Serving Commercial
Mixed-Use Low
Mixed-Use High
General Industrial
Employment Center
Industrial Park
Open Space
Parks and Recrea�on
Public and Quasi -Public
Rural County
Downtown Historic District
Downtown Expansion District
Civic/Cultural Arts District
Transi�onal District
Cannery District
Gateway District
Sta�on Area Mixed-Use Housing
Sta�on Area Mixed-Use Housing and Office
Sta�on Area Office
Hillside Residen�al
Low Density Residen�al
Medium Density Residen�al
High Density Residen�al
Neighborhood District High
Neighborhood District Low
General Services Commercial
City Gateway District
Visitor Serving Commercial
Mixed-Use Low
Mixed-Use High
General Industrial
Employment Center
Industrial Park
Open Space
Parks and Recrea�on
Public and Quasi -Public
Rural County
Downtown Historic District
Downtown Expansion District
Civic/Cultural Arts District
Transi�onal District
Cannery District
Gateway District
Sta�on Area Mixed-Use Housing
Sta�on Area Mixed-Use Housing and Office
Sta�on Area Office
Visitor-Serving CommercialCity Limits
Urban Growth
Boundary
8.A.b
Packet Pg. 202 Attachment: General Plan Alternatives Report (2490 : General Plan Update Preferred Land Use Alternative)
50
City of Gilroy | General Plan Alternatives Report
50
This page is intentionally left blank.
8.A.b
Packet Pg. 203 Attachment: General Plan Alternatives Report (2490 : General Plan Update Preferred Land Use Alternative)
28
City of Gilroy | General Plan Alternatives Report
GPAC Preferred Citywide Alternative
The GPAC Preferred Alternative contains slightly more multi-family housing than single-family housing,
largely due to the alternative including Neighborhood District High in both the north and south
Neighborhood Districts. The GPAC Preferred Alternative reflects the currently-adopted Downtown
Specific Plan. First Street includes a lower-density mixed-use designation, which has the potential for
multi-stor y housing, office, and retail development.
G
22,210
Residents
3,590
SF Units
3,680
MF Units
21,440
Jobs
SF= Single-Family
MF= Multifamily
Focus Area 1: Concept 3
Focus Area 2: Concept 2
Focus Area 3: Concept 1
Focus Area 4: Concept 1
Focus Area 5: Concept 3
Focus Area Selection
Hillside Residen al
Low Density Residen al
Medium Density Residen al
High Density Residen al
Neighborhood District High
Neighborhood District Low
General S ervices Commercial
Cit y Gateway District
V isitor Serving Commercial
Mix ed-Use Low
Mix ed-Use High
General Industrial
Employ ment Center
Industrial Park
Open Space
Park s and Recrea on
Public and Quasi
Rural Count y
Dow ntown Historic District
Downtown Ex pansion District
Civ ic/Cultural Arts District
Transi onal DistrictHillside Residen al
Low Density Residen al
Medium Density Residen al
High Density Residen al
Neighborhood District High
Neighborhood District Low
General S ervices Commercial
City Gateway District
V isitor S erv ing Commercial
Mix ed-Use Low
Mix ed-Use High
General Indust rial
Employ ment Cent er
Industrial Park
Open S pace
Parks and Recrea on
Public and Quasi -Public
Rural County
Downt own Historic District
Downt own Ex pansion District
Civ ic/Cultural Art s District
Transi onal District
Cannery District
Gat eway District
Hillside Residen al
Low Density Residen al
Medium Density Residen al
High Density Residen al
Neighborhood District High
Neighborhood District Low
General S ervices Commercial
Cit y Gateway District
V isitor Serving Commercial
Mix ed-Use Low
Mix ed-Use High
General Industrial
Employ ment Center
Industrial Park
Open Space
Park s and Recrea on
Public and Quasi
Rural Count y
Dow ntown Historic District
Downtown Ex pansion District
Civ ic/Cultural Arts District
Transi onal District
Low-Density Residential
Medium-Density Residential
High-Density Residential
Neighborhood District High
General Services Commercial
City Gateway District
Mixed-Use Low
Employment Center
Industrial Park
Public and Quasi-Public
Downtown Specific Plan
City Limits
Urban Growth Boundary
Hillside Residen al
Low Densit y Residen al
Medium Density Residen al
High Density Residen al
Neighborhood Dist rict High
Neighborhood Dist rict Low
General Services Commercial
City Gatew ay Dist rict
V isitor Serving Commercial
Mix ed-Use Low
Mix ed-Use High
General Industrial
Employment Center
Industrial Park
Open Space
Park s and Recrea on
Public and Quasi -Public
Rural County
Downtown Hist oric District
Downtown Ex pansion Dist rict
Civic/Cultural A rts Dist rict
Transi onal Dist rict
Cannery Dist rict
Gateway District
Visitor-Ser ving Commercial
Focus Area Land Use Designations
Hillside Residen al
Low Density Residen al
Medium Density Residen al
High Density Residen al
Neighborhood District High
Neighborhood District Low
General S ervices Commercial
Cit y Gateway District
V isitor Serving Commercial
Mix ed-Use Low
Mix ed-Use High
General Industrial
Employ ment Center
Industrial Park
Open Space
Park s and Recrea on
Public and Quasi
Rural Count y
Dow ntown Historic District
Downtown Ex pansion District
Civ ic/Cultural Arts District
Transi onal District
8.A.c
Packet Pg. 204 Attachment: GPAC Preferred Alternative (2490 : General Plan Update Preferred Land Use Alternative)
28
City of Gilroy | General Plan Alternatives Report
Planning Commission
The Planning Commission Preferred Alternative contains a larger amount of both single- and
multi-family housing and less jobs, than the GPAC Preferred Alternative, due to the
Districts and Focus Area 5, Northeast Gilroy. The Planning Commission Preferred Alternative
reflects the currently-adopted Downtown Specific Plan. First Street includes a higher-density mixed-use
designation which has the potential for multi-stor y housing, office, and retail development.
PC
28,540
Residents
4,550
SF Units
4,780
MF Units
15,980
Jobs
SF= Single-Family
MF= Multifamily
Focus Area 1: Concept 3
Focus Area 2: Concept 2
Focus Area 3: Concept 2
Focus Area 4: Concept 1
Focus Area 5: Concept 2
Focus Area Selection
Hillside Residen al
Low Density Residen al
Medium Density Residen al
High Density Residen al
Neighborhood District High
Neighborhood District Low
General S ervices Commercial
Cit y Gateway District
V isitor Serving Commercial
Mix ed-Use Low
Mix ed-Use High
General Industrial
Employ ment Center
Industrial Park
Open Space
Park s and Recrea on
Public and Quasi
Rural Count y
Dow ntown Historic District
Downtown Ex pansion District
Civ ic/Cultural Arts District
Transi onal DistrictHillside Residen al
Low Density Residen al
Medium Density Residen al
High Density Residen al
Neighborhood District High
Neighborhood District Low
General S ervices Commercial
City Gateway District
V isitor S erv ing Commercial
Mix ed-Use Low
Mix ed-Use High
General Indust rial
Employ ment Cent er
Industrial Park
Open S pace
Parks and Recrea on
Public and Quasi -Public
Rural County
Downt own Historic District
Downt own Ex pansion District
Civ ic/Cultural Art s District
Transi onal District
Cannery District
Gat eway District
Hillside Residen al
Low Density Residen al
Medium Density Residen al
High Density Residen al
Neighborhood District High
Neighborhood District Low
General S ervices Commercial
Cit y Gateway District
V isitor Serving Commercial
Mix ed-Use Low
Mix ed-Use High
General Industrial
Employ ment Center
Industrial Park
Open Space
Park s and Recrea on
Public and Quasi
Rural Count y
Dow ntown Historic District
Downtown Ex pansion District
Civ ic/Cultural Arts District
Transi onal District
Low-Density Residential
Medium-Density Residential
High-Density Residential
Neighborhood District High
General Services Commercial
City Gateway District
Mixed-Use Low
Employment Center
Industrial Park
Public and Quasi-Public
Downtown Specific Plan
City Limits
Urban Growth Boundary
Hillside Residen al
Low Densit y Residen al
Medium Density Residen al
High Density Residen al
Neighborhood Dist rict High
Neighborhood Dist rict Low
General Services Commercial
City Gatew ay Dist rict
V isitor Serving Commercial
Mix ed-Use Low
Mix ed-Use High
General Industrial
Employment Center
Industrial Park
Open Space
Park s and Recrea on
Public and Quasi -Public
Rural County
Downtown Hist oric District
Downtown Ex pansion Dist rict
Civic/Cultural A rts Dist rict
Transi onal Dist rict
Cannery Dist rict
Gateway District
Visitor-Ser ving Commercial
Focus Area Land Use Designations
Hillside Residen al
Low Density Residen al
Medium Density Residen al
High Density Residen al
Neighborhood District High
Neighborhood District Low
General S ervices Commercial
Cit y Gateway District
V isitor Serving Commercial
Mix ed-Use Low
Mix ed-Use High
General Industrial
Employ ment Center
Industrial Park
Open Space
Park s and Recrea on
Public and Quasi
Rural Count y
Dow ntown Historic District
Downtown Ex pansion District
Civ ic/Cultural Arts District
Transi onal District
Preferred Citywide Alternative
selection of the Neighborhood District High designation in the North and South Neighborhood
8.A.d
Packet Pg. 205 Attachment: Planning Commission Preferred Alternative (2490 : General Plan Update Preferred Land Use Alternative)
August 12, 2019 Page 1
GENERAL PLAN COMMUNITY WORKSHOPS
ENGAGEMENT SUMMARY
JULY 22 AND JULY 23, 2019
INTRODUCTION
The City of Gilroy is currently in the process of updating its General Plan. The updated General Plan will
guide the development and growth of the city for the next two decades. So far, the City has completed
an extensive review of the existing conditions and history of Gilroy, identified issues and opportunities,
and established a vision and guiding principles for the plan. Throughout the process, the City has
reached out to the community, using the feedback to direct the update process.
The next step in the process is selecting a preferred land use alternative. For this step, the GPAC has
created a set of three land use alternatives, which differ on characteristics such as the location and
density of housing and employment intensity. After collecting community feedback, the City will select a
land use alternative that will be included in the updated General Plan.
EVENT DESCRIPTION
The City hosted two community workshops to gather feedback on the land use alternatives process. The
first workshop was held on July 22, 2019, at Eliot Elementary School. The second workshop was held the
following day, July 23, 2019, at Luigi Aprea Elementary School. Both workshops were facilitated in an
open house format and lasted approximately two hours, from 6:30pm to 8:30pm. City staff and
consultants presented the same information at both workshops, in the same format. Combined, more
than 60 residents attended the workshops.
The workshops began with an introduction of the City staff and consultants working on the project.
Next, City staff provided a brief description of the broader General Plan Update process and how the
land use alternatives fit into that process. This was followed by a presentation on the alternatives by the
consultants.
After the introduction and presentation of alternatives, the open house portion of the workshops began.
Attendees were encouraged to visit a number of stations that described the alternatives and presented
the results of a comparative analysis of the alternatives based on 10 criteria. Participants were then
asked to provide feedback on the range of alternatives. All materials were provided in both English and
Spanish. The stations are described below.
8.A.e
Packet Pg. 206 Attachment: GilGP_Workshop Summary_2019 08 15_BG (2490 : General Plan Update Preferred Land Use Alternative)
City of Gilroy General Plan Update Alternatives Community Workshop
Engagement Summary
August 15, 2019 Page 2
WELCOME STATION
This station had three parts: an area for City Staff to provide check attendees in and provide direction, a
poster that described the General Plan update process, and a table with refreshments.
FIGURE 1: GENERAL PLAN OVERVIEW POSTER
8.A.e
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STATION 1
Station 1 presented the Focus Areas and Citywide Land Use Alternatives. The purpose of this station was
to help attendees understand what areas in the city are likely to grow and change in the future, and
alternative land use plans the City has identified to guide and shape that change. The first two posters in
this section identified the focus areas and described the land use designations that would be used
throughout the workshop.
FIGURE 2: FOCUS AREA MAP
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FIGURE 3: LAND USE DESIGNATIONS
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The City in collaboration with the GPAC identified five focus areas and provided multiple land use
concepts for each. Information about Focus Areas 1 and 2 was presented together on two boards. Those
posters can be seen on the following pages.
Focus Area 1 is located in the north side of the city, and is primarily outside city limits, but inside the
urban growth boundary. Four concepts were presented for this focus area:
1. Neighborhood District High (max 60 percent single-family residential)
2. Neighborhood District Low (max 82 percent single-family residential)
3. Neighborhood District High (max 60 percent single-family residential) with Employment Center.
4. Neighborhood District Low (max 82 percent single-family residential) with Employment Center.
Focus Area 2 is located in south Gilroy, and is primarily outside of city limits, but inside the urban growth
boundary. Two concepts were presented for this focus area.
1. Neighborhood District Low (max 82 percent single-family residential)
2. Neighborhood District High (max 60 percent single-family residential)
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FIGURE 4: FOCUS AREAS 1 AND 2
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FIGURE 5: FOCUS AREAS 1 AND 2
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Focus Area 3 is the First Street Corridor between Santa Teresa Boulevard and Monterey Road. Three
concepts were presented.
1. Mixed-Use Low (20 – 30 dwelling units per acre)
2. Mixed-Use High (20 – 40 dwelling units per acre)
3. A commercial focused alternative, maintaining General Commercial development at the
intersection of First Street and Wren Avenue.
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FIGURE 6: FOCUS AREA 3
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Focus Area 4 is downtown Gilroy. Two concepts were presented.
1. An alternative that maintains the existing land use designations in the Downtown Gilroy Specific
Plan (does not account for the future high-speed rail station).
2. The Station Area Plan (accounts for the future high-speed rail station).
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FIGURE 7: FOCUS AREA 4
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Focus Area 5 is in the northeast portion of the city. Most, but not all, of the focus area is in the city
limits. Three concepts were presented.
1. Industrial Park
2. Neighborhood District High (max 60 percent single-family residential) with Industrial Park.
3. Employment Center
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FIGURE 8: FOCUS AREA 5
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Station 1 also presented three citywide alternatives developed by the GPAC in late 2017. Each citywide
alternative is comprised of differing combinations of focus area concepts. The three GPAC alternatives
are shown on the following pages.
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FIGURE 9: CITYWIDE ALTERNATIVE A
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FIGURE 10: CITYWIDE ALTERNATIVE B
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FIGURE 11: CITYWIDE ALTERNATIVE C
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STATION 2
Station 2 presented a comparative an analysis of the three GPAC citywide alternatives. Attendees were
able to see how each alternative could impact the city across ten criteria:
1. Range of housing types
2. Jobs capacity
3. Land use efficiency
4. Housing affordability
5. Average wages
6. Fiscal health
7. Commute patterns
8. Vehicle miles traveled
9. Road congestion
10. Greenhouse gas emissions.
The posters presenting this information are on the following pages.
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FIGURE 12: EVALUATION SUMMARY
MF
SF
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FIGURE 13: EVALUATION SUMMARY
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STATION 3
Station 3 provided attendees the opportunity to share their input on the alternatives. The station
included large maps of Gilroy with the focus areas left blank. Attendees could then place cut outs of the
different focus area alternatives on the map to create their own hybrid citywide alternative.
FIGURE 14: INTERACTIVE MAP
Attendees were also provided worksheets on which they could indicate their choice of citywide
alternatives or describe their hybrid alternative. The backside of the worksheet asked attendees to rank
the four most important criteria they used to select or create their preferred alternative. The ten criteria
from which they could choose included:
1. Mix of housing types
2. Jobs capacity
3. Land use efficiency
4. Employment mix and average wages
5. Housing affordability
6. Fiscal health
7. Commute patterns
8. Vehicle miles traveled
9. Roadway congestion
10. Greenhouse gas emissions.
The worksheet is shown on the following pages. Results from the worksheets are examined in the
following section.
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FIGURE 15: WORKSHEET
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FIGURE 16: WORKSHEET
8
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WORKSHOP RESULTS
WORKSHEETS
ALTERNATIVE SELECTION
Of the three GPAC citywide alternatives, “B” was the preferred alternative among workshop attendees,
with 25 percent. Alternative “C” was selected by 22 percent of respondents, while 10 percent chose
Alternative “A” (the City’s preferred Alternative). Just over a third of the respondents created their own
“Hybrid” alternative from the focus area alternatives.
HYBRID OPTIONS
For those that chose “Hybrid” for Focus Area 1, Concept 1, the Neighborhood District High concept, was
the most popular.
10%
25%
22%
35%
8%
Alternative Selection
A B C Hybrid No Response
7%
14%
29%
7%
43%
Hybrid Option - Focus Area 1 1. Neighborhood District High
2. Neighborhood District Low
3. Neighborhood District High
with Employment Center
4. Neighborhood District Low
with Employment Center
Other
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For those that chose “Hybrid” for Focus Area 2, Concept 2, Neighborhood District High, was the most
popular.
For those that chose “Hybrid” for Focus Area 3, Concept 2, Mixed-Use-High, was the most popular.
16%
67%
17%
Hybrid Option - Focus Area 2
9%
55%
27%
9%
Hybrid Option - Focus Area 3
1. Neighborhood District Low
2. Neighborhood District High
Other
1. Mixed Use Low
2. Mixed Use-High
3. Commercial Focused
Other
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For those that chose “Hybrid” for Focus Area 4, Concept 2, the Station Area Plan, was the most popular.
For those that chose “Hybrid” for Focus Area 5, Concept 3, Employment Center, was the most popular.
No respondents chose Concept 1.
36%
57%
7%
Hybrid Option - Focus Area 4
29%
64%
7%
Hybrid Option - Focus Area 5
1. Existing Downtown Specific Plan
2. Station Area Plan
Other
1. Industrial Park
2. Neighborhood District High with
Employment Center
3. Employment Center
Other
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CRITERIA SELECTION
Criteria
1 Mix of Housing Types
2 Land Use Efficiency
3 Jobs Capacity
4 Employment Mix and Average Wages
5 Housing Affordability
6 Fiscal Health
7 Commute Patterns
8 Vehicle Miles Traveled
9 Roadway Congestion
10 Greenhouse Gas
The criteria with the most first choices was Criteria 1, Mix of Housing Types, followed by Criteria 5,
Housing Affordability, and Criteria 2, Land Use Efficiency.
The criteria with the most second choices was Criteria 5, Housing Affordability, followed by Criteria 2,
Land Use Efficiency.
15
8
3 3
10
2 1
4
1 2
0
2
4
6
8
10
12
14
16
1 2 3 4 5 6 7 8 9 10 Other
Criteria Selection - 1st Choice
1
14
1 3
15
5
3
4
2 1 0
2
4
6
8
10
12
14
16
1 2 3 4 5 6 7 8 9 10 Other
Criteria Selection - 2nd Choice
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The criteria with the most third choices was Criteria 4, Employment Mix and Average Wages, followed
by Criteria 9, Roadway Congestion.
The criteria with the most fourth choices was Criteria 4, Employment Mix and Average Wages, followed
by Criteria 6, Fiscal Health.
5 5
3
10
4
3
5
2
8
1
0
2
4
6
8
10
12
1 2 3 4 5 6 7 8 9 10 Other
Criteria Selection - 3rd Choice
3
2 2
6
4
5
0 0
5
2
0
1
2
3
4
5
6
7
1 2 3 4 5 6 7 8 9 10 Other
Criteria Selection - 4th Choice
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Overall, the most frequently chosen criteria at any rank was Criteria 5, Housing Affordability, with 65
percent of respondents placing the criteria in their top four most important, followed by Criteria 2, Land
Use Efficiency, at 59 percent.
Responses gathered at each workshop differed, although not greatly. Attendees of the July 22 workshop
at Eliot Elementary School chose Citywide Alternative “B” more frequently than the other choices or the
“Hybrid” option. Attendees of the July 23 workshop at Luigi Aprea Elementary School chose the “Hybrid”
option most often.
Attendees of the July 22 workshop were more concerned with housing affordability and availability, with
79 percent of respondents listing it as one of their top four criteria items that should be addressed in the
General Plan. Only 45 percent of attendees at the July 23 Workshop placed it in their top four most
important criteria, while only 45 percent of respondents from the July 23 workshop did so. Conversely,
more July 23 workshop attendees were concerned about roadway congestion (55 percent) and the fiscal
health of the City (50 percent) than July 22 workshop attendees (34 percent and 17percent,
respectively).
COMMENT CARDS
Workshop attendees also had the opportunity to give feedback on comment cards. The feedback from
those comment cards is shown below.
JULY 22 WORKSHOP
- To whom might care to listen: my primary concern happens to be housing affordability. It seems
that it is no longer possible for many of us. But I believe it is doable if we can put our heads
together and strive to find viable and realistic solutions… if we happen to have the will. We
currently have 2 mobile home parks and might probably be helpful if the City of Gilroy would
consider another one.
- Focus Area 3: Provide a linear park all the way along First Street. There is lots of space for this!
Jobs: Focus on economic development to get more jobs (tech) in Gilroy.
Schools: No more than 28 kids/class!
Criteria Totals (chosen in any order)
1 Mix of Housing Types 49%
2 Land Use Efficiency 59%
3 Jobs Capacity 18%
4 Employment Mix and Average Wages 45%
5 Housing Affordability 65%
6 Fiscal Health 31%
7 Commute Patterns 18%
8 Vehicle Miles Traveled 4%
9 Roadway Congestion 43%
10 Greenhouse Gas 37%
Other 6%
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Jobs/Housing: Mixed land uses in FAs (Jobs + Housing)
- Too much traffic in Gilroy
- Once again, this is a confusing process. A citizen who has not been following this without any
background knowledge is not going to complete this reflective to their opinion. The citizens of
Gilroy have made it clear that the last time we did a workshop, they want infill development.
The citizens further expressed this through Measure H. Any future meetings should have people
walked through each alternative before completing the assignment.
- Re greenhouse gasses: neighborhoods of housing only – NE corner + Glen Loma – force people
to drive for even minor errands.
- I think that the East Side needs more parks and public services. A recreational park for kids. And
more industrial on the Mantelli side.
- It will be formidable to put more parks for families, public services and pool.
- North Murray Avenue needs parks, pools, better lighting and to be re-zoned. There’s a
neighborhood there that needs services.
- Need more housing – one-story or apartments
Must create bypass from West (houses are here) to east where shopping is located. 6th and 10th
Street are horrible.
- It seems that city government has always envisioned more jobs for Gilroy. Now that the region
has very high employment affordable housing is scarce. It seems to me the answer to more
affordable housing is high density to available transportation. Since lower density has a high
profit margin the City should make low density development more difficult vs high density
apartments, etc.
- Would like to see sports park into the city and bike trails continue to Gavilan College.
- Go after LAFCO for turning down sports park it has been too many years.
- Sport Park is a must! Gav trail to downtown would be nice also.
- Option C is better for my vision something that it would mixt. And a balance.
Thank you for working with the community.
- It would be good to add more commercial stores in the area of Santa Teresa or Mantelli in
Gilroy, parks for the Eastern area of Gilroy, and expand our center in the San Ysidro park.
- I’d like a commercial area to be built in the area of Santa Teresa Av.
Construction of Recreational Parks in the Eastern area of Gilroy.
Construction of Community Centers in the East.
Construction of hotels in the area of Santa Teresa.
- The industry and commerce must be equally distributed all around the city, just like parks. There
aren’t enough recreation areas in the Eastern side of Gilroy.
- We want housing for the middle class. People from the bay are coming over. The prices for our
homes are too high and the middle class is no longer able to buy a house.
- We request houses for sale or to be able to purchase more accessible homes economically-
speaking.
- We want houses for low-income people as benefits as they’re the worst affected and the high
housing and basic product prices.
JULY 23 WORKSHOP
- I feel building north of town is not a wise move. Stay near Caltrain and Sports Park. Gav is the
key to bring money to the downtown.
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- Gilroy needs high paying jobs equal to San Jose so that we reduce the 18,000! People who
commute elsewhere to work so they can afford to live here! And this would also help reduce
greenhouse gas emissions if transportation was coordinated enough to get people to use is
instead of their car.
- Would like to see Gilroy grow south with housing on Thomas Road. It currently has 4 bus stops,
bike path access, close to the sports park and close to 101, also close to city utilities & has been
on the general plan as housing for 60 years.
- Gilroy needs to finish the home building in the south before it moves to and starts new tracts in
the north. Gavilan needs housing & the trails need to be completed. Much of the south has been
on the general plan for 60 years!
- Relative to the entire plan update, how many parcels will become non-conforming after
adoption? Is there a sunset period for current uses that will no longer conform? How long?
Focus Area 2 is currently open farmland, some of which is in an inundation zone/flood plain for
Uvas Dam (and Anderson Dam) should it breach or fail. See attached SCVWD maps 1973. Where
and how do we establish neighborhood commercial and schools in such an area? Great location
for regional park, however. I realize this is old info, (1973) and most likely things have changed,
but this is the only info online from SCVWD that is generally available. If you can get newer info,
I would like to see it.
I should think that this property is under the Williamson Act, and would take years to bring it
out.
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City of Gilroy
STAFF REPORT
Agenda Item Title: Consideration of a Proposal to Join the Santa Clara County
Planning Collaborative, as Recommended by the Cities Association
of Santa Clara County, to Potentially Share Resources and
Transfer Housing Allocations Among Participating Jurisdictions
Meeting Date: November 18, 2019
From: Gabriel Gonzalez, City Administrator
Department: Community Development Department
Submitted By: Greg Larson
Prepared By: Greg Larson
Stan Ketchum
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 regarding joining the proposed Santa Clara
County Planning Collaborative.
EXECUTIVE SUMMARY
In December 2018, the City Council approved a resolution agreeing to participate in the
proposed Santa Clara County Regional Housing Needs Assessment (RHNA) Sub-
region (the Sub-region). The purpose of the Sub-region was to facilitate and implement
countywide housing production consistent with the RHNA formula for development of
affordable housing assigned by the Association of Bay Area Governments (ABAG).
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Since then, timing conflicts arose regarding the RHNA process and schedule performed
by ABAG/ and the State Department of Housing and Community Development (HCD) ,
causing the sub-region efforts to no longer be feasible. These conflicts prevented the
Sub-region from receiving the ABAG RHNA allocation data and information necessary
to form the Sub-region in a timely manner, based on the HCD-mandated schedule.
In place of the sub-region, the Cities Association of Santa Clara County (the
Association) has unanimously recommended that the local jurisdictions form a Planning
Collaborative. The Planning Collaborative will allow jurisdictions within Santa Clara
County to work together on joint issues including collaboration on regional planning
issues, consideration of future housing opportunities, and development of draft policies
and programs to fold into their respective Housing Elements.
POLICY DISCUSSION
Should the City Council give direction to the City Administrator to take the necessary
actions for the City of Gilroy to join the proposed Santa Clara County Planning
Collaborative?
BACKGROUND
In late 2018, the City Council considered a proposal by the Association to form a RHNA
sub-region comprising some or all of the 15 cities and the County for the next RHNA
cycle (2023 – 2031). The purpose of the sub-region was to facilitate and implement
countywide housing production consistent with the RHNA formula assigned by ABAG.
On December 3, 2018, the City Council adopted a resolution expressing the City’s intent
to support formation of the Sub-region. Since that time, work proceeded on the
preparation of a Memorandum of Understanding (MOU) for approval by all jurisdictions
planning to participate in the Sub-region.
In September of this year, the Cities Association received information from ABAG
stating that there are conflicts in the RHNA formation process that will prevent the Sub-
region from receiving the required draft RHNA allocation information in time to complete
formation of the sub-region by the February, 2020 deadline. As a result, the creation
and implementation of the Sub-region is no longer feasible.
On October 10, 2019, the Association’s Board of Directors voted unanimously to
recommend that the cities and County form a Planning Collaborative in -lieu of the sub-
region option.
ANALYSIS
The purpose and benefit of forming a sub-region was to potentially share resources and
trade or transfer housing allocations among jurisdictions. In the absence of the Sub-
region, each jurisdiction will proceed with its respective Housing Element and RHNA
update process consistent with the state-mandated process.
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An added benefit of forming a sub-region was the potential for enhanced collaboration
in other technical areas, e.g., transportation planning and legislative advocacy.
Comparison was often drawn to the 21 Elements, an organization of San Mateo County
and all cities in the County, which was initially established as a sub-region, but functions
as a Planning Collaborative.
21 Elements pooled resources to hire a consultant team to facilitate the Housing
Element housing sites inventory analyses, develop policies on regional issues such as
homelessness, and work together on common issues across jurisdictions like the
“missing middle” housing, parking constraints, and general community re sistance to
housing development. All these same tasks would benefit Santa Clara County and
cities.
The operation of the Planning Collaborative would consist primarily of work performed
by a consultant overseen by the Association. See the attachment for a description of
the anticipated scope of work to be performed by the consultant.
Gilroy has an opportunity to join efforts with the other cities in Santa Clara County to
form a Planning Collaborative to work collectively on these issues and the next Hous ing
Element. Participation is not mandatory, but at least 10 jurisdictions need to join in order
to move forward.
ALTERNATIVES
1. The City Council may provide direction to staff to join the Santa Clara County
Planning Collaborative, authorizing the “opt-in” fee of $3,250 (not to exceed $5,000).
This action will allow the city to work with other jurisdictions on housing related
policies and programs for the next Housing Element. As such, this alternative is
recommended.
2. The City Council may choose to direct staff to not join the Santa Clara County
Planning Collaborative. This action will prevent the city from working with other
jurisdictions on the next Housing Element and instead require the city to work
independently on future policies and programs related t o housing. As such, this
alternative is not recommended.
FISCAL IMPACT/FUNDING SOURCE
The proposed “opt-in” fee is $3,250, not to exceed $5,000, per jurisdiction. The
Association is currently creating a funding agreement to send to interested jurisdictions.
Funds to pay for this fee can come from the 15% surcharge on Planning Service Fees
approved by council via Resolution No. 2014-14. The purpose of the surcharge is to
fund the City’s long-range planning projects. The City’s participation in this collaborative
corresponds with the purpose of the surcharge and can be absorbed within the current
budget without any amendments.
CONCLUSION
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The various opportunities described in the Analysis section above demonstrate that
there is potential value in participating in the proposed Planning Collaborative and that
doing so may provide support and assistance to the cities in both Housing Element
development and other, non-housing related areas. The Planning Collaborative will
develop information and recommendations for use by each city, as desired. None of the
activities will have any direct influence on city decisions regarding housing or other
issues. There are also economies of scale in working together as a region, hiring one
consultant to assist with policy development, and sharing resources to address regional
issues.
NEXT STEPS
If the City Council directs staff to participate in the Planning Collaborative, staff will bring
the funding agreement to the City Administrator for authorization.
If the Santa Clara County Planning Collaborative is formed by at least 10 jurisdictions
the effort will move forward. Staff will then work with the consultant team on next steps
to prepare for the housing allocation and Housing Element Update.
PUBLIC OUTREACH
In August 2018, Planning Staff met with the Gilroy Housing Advisory Committee to
review the proposed sub-region process. No specific input was provided by the
committee at that time. If the City Council authorizes participation in the Planning
Collaborative, a report will be provided to the Housing Advisory Committee.
Attachments:
1. Planning Collaborative Description
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City of Gilroy
STAFF REPORT
Agenda Item Title: Presentation of the Community-Wide Polling Results #2 by EMC
Research to Measure Resident Satisfaction of City Services
Meeting Date: November 18, 2019
From: Gabriel Gonzalez, City Administrator
Department: Administration
Submitted By: Gabriel Gonzalez
Prepared By: Gabriel Gonzalez
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.
BACKGROUND
Revenue Measure Discussions
The City has been engaged in a dialogue regarding the financial constraints facing the
City since the Great Recession. The City Council has historically prioritized ensuring the
City’s long-term financial sustainability along with providing high-quality public safety in
the City’s many strategic plans over the years.
In mid-2016 rigorous analysis and discussions on the topics of financial stability began.
The City Council and staff held workshops regarding potential revenue options. As part
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of this discussion, staff had presented to Council the issues of unfunded liabilities,
operational capacity challenges, and the needs of the Police and Fire Department.
At the February 2018 Council Strategic Planning sessions, and later at the June
adoption of the Strategic Plan Implementation Action Plan, a potential revenue ballot
measure was identified as a priority 1 strategy in both Goal #3: Public Safety and Goal
#5: Fiscal Stability. In the strategy, the activity was to poll the community for a potential
revenue measure for a public safety special sales tax.
The premise for pursuing such a measure is that there are current needs, particularly in
police and fire, which require additional funding to provide services at levels closer to
the public demand for those services.
The Council Meeting on April 1, 2019 directed staff to allow EMC Research to conduct
community-wide polling. During the Council Meeting on May 20, 2019 the EMC
Research Staff provided Council with their report of the data gathered from the polling
surveys. In the June 3, 2019 Council Meeting, staff presented a timeline for proposing a
measure, allowing residents to vote on the implementation of a local Public Safety
Transactions and Use Tax.
Community Engagement Effort Update
In order to continue the momentum of previous council discussion and decisions to
pursue a police and fire revenue measure, in the June 3, 2019 Council Meeting, staff
presented a timeline for conducting community engagement and proposing a measure.
Since that time the City has been conducting a community engagement effort to help
stimulate rigorous thinking about solutions to address existing police and fire resource
needs.
Phase 1: Feasibility – Strategic Services Supporting a Public Opinion Poll
This phase can be summarized as simply due diligence and assessment. Most of this
work was done with little fanfare. Staff worked with consultants to analyze the poll
results from a strategic communications perspective to learn more about the best
approaches for local community engagement. At this time staff also looked at the
electoral profile. In this phase the City began an effort of early listening by reaching out
to well-known members of the community and asking for their candid thoughts and
feedback.
Phase 2: Public Engagement and Education
The public engagement effort enlisted strategies to engage and listen to the public, with
the goal of hearing what they have to say about public safety priorities and the
operational capacity deficit in police and fire. This included opinion leader and
stakeholder conversations, direct mail, small group listening sessions, and a telephone
town hall. A large portion of this effort involved distributing a two -way mailer to Gilroy
households asking for community input.
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The first mailer was one piece of the larger community engagement listening effort
about the operational capacity deficit in Police and Fire. The mailer begins with a letter
that explains all the needs of Police and Fire in the introductory letter and then asks
residents to prioritize the services they value most. There was an option to mail in input
or give input online through the City of Gilroy website through YourVoice. Residents
could also email or call with any questions or concerns. This was sent to all City of
Gilroy registered voter households: 14,113 mailboxes.
The demographics of all registered voters: 7.6% Asian, 37.9% Hispanic, 53.2%
Caucasian/Other (all other categories are 3% or lower). Language: 8.7% are likely
Spanish Speaking and 3.9% prefer a Spanish Ballot (all other categories are 2% or
lower). The mailer did not ask for their ‘Yes’ or ‘No’ opinion on a sales tax measure
because that is the roll of a poll. The community-wide poll is more effective in analyzing
responses on that matter. One of the next steps in the process, after the mailer, was to
conduct a second tracking poll to gauge voter sentiment, which was conducted and is
discussed below in this report
Residents began receiving the mailer on the weekend of the 21st and 22nd, and the letter
asked for all responses by October 11, 2019. An e-mail was sent with the contents of
the mailer on 9/30/2019 with a link to give feedback online. This was sent to all
registered voter emails: 9,243 total. The City received 602 responses. 334 online
responses with through YourVoice and 268 responses by mail. 275 of the feedback
priority cards and/or online replies also include additional comments from community
members.
The police and fire service needs priority results came back as follows:
1. PRESERVE rapid 911 emergency response times.
2. PROVIDE life-saving support and emergency medical services.
3. IMPROVE essential police protection and fire services.
4. ATTRACT AND RETAIN quality, well trained first responders (police officers,
firefighters, and paramedics).
5. INCREASE community policing to address neighborhood and downtown safety.
6. UPGRADE emergency communication systems.
7. REPAIR aging fire stations and add a new fire station to improve response times.
A Frequently Asked Questions was created and posted on the website to address the
top questions generated from the public engagement process, including the mailer and
online survey.
While there is a mix of positive and negative responses, it is generally well known that
digital message boards, like those found in social media, skew towards the negative
side. We also know from the recent polling effort there is a significant level of support
among likely voters in Gilroy. Therefore, in accordance with the community engagement
project timeline and previous direction from Council, it is important for City staff to begin
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initiating a second round of polling to track change in resident sentim ent since the first
poll.
A Telephone Town Hall was held on October 14, 2019 at 6pm reaching nearly 2,500
households. Between those who answered live (1,059) and answering machine
messages (1,410) we reached more than 48% of landlines (2,469 households). T here
were 643 participants from those who answered “live,” with 7 live speakers. The
Telephone Town Hall had a participation rate just over 61%, of which is “very good,”
according to VocalFi the team that helped administer the town hall. The Telephone
Town Hall Event Poll were participants were asked to press a number o n their phone to
correspond to an answer had the following results:
Question: Are you a first responder, family member who is a first responder, or a
community member interested in public safety?
o First Responder (5.71%)
o Family Member who is a first responder (14.29%)
o Interested in public safety (80%)
Question: (After reading our list of public safety needs) Do you feel these are
very important, somewhat important, or do you disagree or don’t have an
opinion?
o Very important (82.35%)
o Somewhat important (11.76%)
o Disagree or don’t have an opinion (5.88%)
The Telephone Town Hall was successful in raising awareness of essential police and
fire needs and connecting residents with public officials. A summary flyer of the
community listening efforts and an updated ‘Frequently Asked Questions’ was posted to
the website, and will be E-mailed to registered voter emails shortly before the November
18 Council meeting.
2019 Community-Wide Polling Effort
First Poll April 2019
During the Council Meeting on April 1, 2019 the City Council gave direction to staff to
re-engage EMC Research to conduct community-wide polling. By polling the
community, the City purposed to have a better sense of the community as a whole
regarding their level of support for a police and fire revenue measure.
Let the reader note that a vote to initiate the process to put a revenue measure on the
ballot should not be confused with approval of the measure. It is initiating the process to
have direct democracy of the voters to decide against competing values: the desire to
keep taxes low or enhance service delivery inputs to keep pace, or possibly exceed,
service demand increases tied to population growth.
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On May 20, 2019, EMC Research provided the Council with a presentation and report
of an extensive statistical analysis of the data gathered from the polling surveys. EMC
Research conducted a live telephone and email-to-web survey of likely March 2020
voters in the City of Gilroy between April 22-30, 2019. Of their survey, 407 total
interviews were completed with an overall margin of +/-4.7%. The survey was offered in
both English and Spanish to reach the desired representative sample audience. The
survey found:
Respondents are happy living in Gilroy and rate their quality of life positively.
However, there is concern about population growth and what the City is doing to
ensure that infrastructure needs are met.
Public safety services are top priorities to voters and preserving rapid 911
emergency response times and emergency medical services are especially
important.
Support for a potential special sales tax measure, in April, was close to, but short
of the required two-thirds threshold.
Additional information provided to survey respondents helped; however, the
measure shows some vulnerability to potential opposition.
In short, the first poll showed that there is significant interest from the community in
maintain public safety and police and fire department services, particularly in ligh t of
their expressed concerns around infrastructure keeping up with population growth.
While it is not quite at the required two-thirds support, with the right environment and
effort, a successful sales tax measure for police and fire services may be feasi ble in
2020. The results indicated that a measure could be a real opportunity for the City to
address voter priorities and concerns. However, broader community engagement efforts
were advised to help inform a potential measure.
Second Poll October 2019
A second ‘tracking poll’ was conducted by EMC Research using the same methodology
as the April poll:
Hybrid telephone and email-to-web survey of likely 2020 voters in the City of Gilroy
Data has been weighted to reflect the demographics of a likely March 2020
electorate
Survey conducted October 17-24, 2019
405 total interviews; overall margin of error ±4.9 percentage points
Survey offered in both English and Spanish
Where applicable, results compared with: April 2019 hybrid telephone/email-to-web
survey among 407 likely voters in Gilroy, MoE ±4.9 % pts
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The following were the key findings:
Gilroy voters are happy with the quality of life in Gilroy and generally feel things are
on the right track, but they continue to have significant concerns about
homelessness, population growth, and infrastructure.
Even though voters feel the city needs money for essential services, and that police
and fire services could be worth a tax increase, crime is not the most pressing issue
of concern.
While a majority today support a quarter-cent tax increase for enhanced police and
fire services there is currently not enough support for the required two-thirds
threshold.
Additional information on what the measure would do does little to motivate
additional support, and opposition has the potential to undermine support
significantly.
ALTERNATIVES
1. Do not move forward with a sales tax measure dedicated to police and fire
services at this time. Staff Recommends. While staff and community
members have worked hard to provide opportunities for meaningful community
engagement about police and fire service needs, the second poll still showed
mixed results for support, similar to the first poll. If the City were to continue with
a measure on the March ballot, in order to be successful the City would need to
provide additional information-only brochures to the public. This effort would
require additional funding. Further, staff time and effort would need to be directed
away from other important projects.
At this point, given the results of the first and second poll, it seems that while the
community values the importance of maintaining public safety the support to
impose a quarter-cent tax is not near the two-thirds threshold needed for a
Special Sales Tax Measure. Therefore the timing to proceed with placing the
measure on the ballot is not aligned with voter’s response.
2. Move forward with a sales tax measure dedicated to police and fire
services. Staff Does Not Recommend. Over the past several years the City
has realized the need for additional resources to maintain essential police and
fire services. The City of Gilroy is still in the midst of a persistent operational
capacity deficit, where demands for services out-strip available staff capacity and
resources. While poll results currently show mixed results, there is a majority of
respondents that support a sales tax dedicated for police and fire services, which
may be sufficient to reach the required two-thirds for a Special Sales Tax
Measure.
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However, there is the risk of an opposition group that may form to oppose the
proposed sales tax measure. There is also the question of what key stakeholder
groups within the community may or may not support the measure. These
unknowns pose a risk that the sales tax measure efforts will be oppose d and
could result in the two-thirds threshold for a Special Sales Tax Measure not be
obtained.
FISCAL IMPACT/FUNDING SOURCE
The introduction of a Transactions and Use Tax for Public Safety will raise funds for the
Fire and Police Departments to utilize for their services, approximately $4.2 million
annually with a quarter-cent sales tax increase.
As mentioned in the June 3rd meeting’s staff report, the cost for passing this measure is
estimated to be: “$65,000 for a community education firm for project management and
communications and $100,000 for the election fees for an estimated cost of $165,000.
Additional print, graphic design, community engagement, and consulting costs would be
absorbed by within the existing budget. There is also the value of staff time that would
be re-directed to this effort.”
NEXT STEPS
If Council provides direction to Staff to proceed with a special sales tax measure
dedicated for police and fire services, then staff will bring the necessary resolution and
ordinance back to Council for review and adoption at the December 2, 2019 regularly
scheduled City Council meeting.
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City of Gilroy
STAFF REPORT
Agenda Item Title: Report on the General Fund Unassigned Fund Balance
Meeting Date: November 18, 2019
From: Gabriel Gonzalez, City Administrator
Department: Finance Department
Submitted By: Jimmy Forbis
Prepared By: Jimmy Forbis
Rosemary Guerrero
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.
BACKGROUND
Fund balance, in general, is classified according to the legislative restriction that is
placed upon the funds. The categories include assigned, committed, nonspendable,
restricted, and unassigned fund balances. These categories are described below.
Assigned. The assigned fund balance is comprised of amounts intended to be
used by the government for specific purposes. The intended use is established
by officials and designated for that purpose. Exam ple: Working capital;
allocations to projects
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Committed. A committed fund balance is comprised of self-imposed limit to
funds to be utilized for a specific purpose. This limitation is typically imposed at
the government’s highest level of decision making authority and requires formal
action at the same level to remove. Example: Reserves
Nonspendable. A nonspendable fund balance includes amounts that are not in a
spendable form. Example: Inventory
Restricted. Restricted fund balance are funds with an external limitation such as
a limitation imposed by creditors, grantors, laws and regulations. Example: Bond
proceeds, legal settlements.
Unassigned. Unassigned fund balance is a classification that represents a fund
balance that has not been assigned to othe r funds, has not been restricted,
committed or assigned to specific purposes within the general fund. The general
fund is the only fund that reports a positive unassigned fund balance amount.
In June 2017, the City of Gilroy adopted a new general fund reserve policy consisting of
a minimum general fund reserve of 20% of annual general fund expenditures and a
10% economic stability reserve of annual general fund expenditures.
The general fund reserve is intended to help the City when revenues temporarily fa ll
short of expenditures. This would be to cover an unanticipated cost or fund a one -time
unbudgeted necessary cost. These funds are only for a one -time use only and the
reserve would have to be replenished if it goes under the 20%/10% required level.
The City’s unaudited general fund balance at June 30, 2019 is $26.9M. Total unaudited
actual expenditures for the general fund in FY19 were $53.6M. The City’s general fund
reserve requirements of 20% and 10% of the $53.6M would require $10.7M in general
reserves and $5.4M for the economic stability required reserves.
ANALYSIS
Once the audit is completed in December 2019, the City is expected to have a net
unassigned fund balance of $10.9M. At this time, staff has no reason to believe that
this figure will materially change.
There have been several Council actions that have already or could impact remaining
unassigned fund balance levels:
1. In June, 2019, the City Council adopted a budget in which expenditures
exceeded revenues by $2.4M. That funding gap was filled by use of the City’s
unassigned fund balance.
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2. At the November 4, 2019 City Council meeting, $842,000 of unassigned fund
balance was assigned to the Sports Park conservation easement purchase.
3. Council will receive a presentation at their November 18, 2019 meeting
requesting the consideration of allocating $1.8M in unassigned fund balance to
establish the City’s IRS Section 115 trust for unfunded pension liabilities.
4. Council will receive a presentation at their November 25, 2019 study session
concerning the use of unassigned fund balance of approximately $2.9M to bridge
the gap between current funding and anticipated construction costs of the City’s
new fire station.
With the FY 19 adopted budget (#1) and recent amendments (#2), the general fund
currently has an unaudited unassigned fund balance of $7.6M. Should Council
approve a budget amendment for the IRS Section 115 Trust (#3) and the City’s new fire
station (#4), that figure would be further reduced to $2.9M.
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Unaudited Fund Balance at 6/30/19 $26,978,112
Actual Expenditures FY19 $53,569,600
Unrestricted Minimum - 20%$10,713,920
Economic Stability - 10%$5,356,960
Total Reserve Required Level $16,070,880
Net Fund Balance $10,907,232
Budget FY20 - General Fund
Revenue $55,645,444
Expenditures $58,085,639
Net change in Fund Balance ($2,440,195)
Budgetary Unassigned Fund Balance (6/30/19)$8,467,037
Assigned Fund Balance
Sports Park Conservation Easement FY20 ($842,000)
$7,625,037
Potential Fire Station Funding ($2,900,000)
(11/25/19 Study Session)
IRS Section 115 Trust ($1,800,000)
(11/18/19 Council Meeting)
Remaining Unassigned Fund Balance $2,925,037
Unaudited Unassigned Fund Balance (as of 11/18/19)
Council has other unfunded projects that have been discussed in previous meetings or
are the subject of future Council consideration including:
10th street bridge – up to $15M
Downtown parking lots (7th Street and Eigleberry) - $1.2M
Land acquisition for City facilities - $1.8M
ALTERNATIVES
Council may select to fund projects and/or liabilities as they see fit. Council can also
decide to postpone the use of the unassigned fund balance at this time and discuss at a
later date.
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FISCAL IMPACT/FUNDING SOURCE
There is no fiscal impact at this time. However the impact will vary depending on the
decision Council makes - if they will fund a project or leave the unassigned balance for
use at a later time.
CONCLUSION
The City has many needs that outnumber the amount of fund s available. Council has
many options and can decide to invest in various projects and/or address unfunded
liabilities.
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City of Gilroy
STAFF REPORT
Agenda Item Title: A Resolution Establishing an IRS Section 115 Trust Fund,
Designation of a Plan Administrator, Approval of an Agreement with
the Public Agency Retirement Services (PARS) and Adoption of a
Resolution to Amend the Fiscal Year 2020 Budget by $2,000,000 to
Fund the Trust
Meeting Date: November 18, 2019
From: Gabriel Gonzalez, City Administrator
Department: Finance Department
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
a) Adopt a Resolution of the City Council of the City of Gilroy approving the
adoption of the PARS public agencies post-employment benefits trust
administered by Public Agency Retirement Services (PARS), and authorizing the
City Administrator or his/her designee as the City’s plan administrator for the trust
program.
b) Approve an agreement for administrative services between PARS and the City of
Gilroy to administer the trust, and authorize the City Administrator or their
designee to execute the agreement.
c) Adopt a Resolution of the City Council of the City of Gilroy amending the Fiscal
Year 2020 (FY20) adopted budget by approving a transfer of $1.8 million from
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the City's General Fund unassigned fund balance, $100,000 from the Water fund
(fund 720) balance and $100,000 from the Sewer fund (fund 700) balance, into
the Fringe Benefits fund (fund 699), and increase appropriation in the Fringe
Benefits fund by $2,000,000.
d) Provide direction to staff on an ongoing trust funding financial policy.
EXECUTIVE SUMMARY
Staff is seeking approval to establish the City’s IRS Section 115 Trust to address the
City’s unfunded pension liabilities.
BACKGROUND
Recognizing the City needed to address its ongoing PERS unfunded pension liabilities,
in 2017 during the City’s two-year budget development process, the City Administrator
presented to Council the concept of an irrevocable trust as a tool to assist the City to
begin managing this unfunded liability. In subsequent Council discussions since 2017
Council expressed an interest to further explore this option.
At the September 16, 2019 Council Meeting, the City Council directed staff to return to
Council to formally approve documents necessary to establish the City’s IRS Section
115 Trust.
The California Public Employees’ Retirement System (CalPERS) retains assets on
behalf of the City to fund pension payments – payments that are due now and into the
future. As of the last measurement date of June 30, 2017, Gilroy had approximately
$262 million in pension liabilities and approximately $180 million in assets leaving $82
million in unfunded liabilities. Ratio-wise, the City’s pension fund was approximately
68.4% funded as of the valuation date July 1, 2018. As previously presented to Council,
there is no universal standard for an appropriate funding ratio level. Fitch ratings
considers 70% and above to be adequate.
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As shown below the City is currently experiencing increased pension plan contributions
due to several actuarial assumption adjustments including: reduction in the assumed
investment rate of return, changes in life expectancy for retirees, and a reduction in the
amortization period for investment gains and losses.
In order to reduce long-term interest costs and smooth fluctuations in annual employer
contributions many communities are prepaying their CalPERS contributions. There are
significant benefits to prepaying CalPERS obligations as prepayments significantly
reduce the amount of interest charges that are assessed by CalPERS. A prepayment
of $5 million can net $4.7 million in savings for a 30-year amortization period or $2
million over 10 years.
A $1,000,000 contribution will reduce the City’s unfunded liability (assuming all other
factors are static) by approximately .3%. For a full increase of 1% in funding status
(from 68.4% to 69.4%) would require a contribution of approximately $3 million.
ANALYSIS
For unfunded pension liabilities, the Trust provides attractive benefits and is desirable
for the City to pre-fund its unfunded Pension Obligations, including:
Local Control Over Assets - The Trust can be accessed at any time so long
as it is used to pay the employer’s pension obligation.
Pension Rate Stabilization - Assets can be transferred to CalPERS plan at
the City’s discretion, which would reduce or eliminate large fluctuations in
Employer contributions to CalPERS.
Investment Flexibility - Investment restrictions that apply to the City funds
under Government Code 53601 are not applicable to assets held in an
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irrevocable Section 115 Trust. The City maintains oversight of the investment
manager and the portfolio’s risk tolerance level and the investments can be
diversified and invested in a prudent fashion.
Lower Net Pension Liability (NPL) - Contributions placed in the Trust reduces
the City’s unfunded pension liability. Assets placed into the Trust will directly
reduce the City’s NPL for financial reporting purposes as required by GASB
68.
Improved Credit Ratings - Rating agencies look favorably upon actions to
reduce liabilities.
PARS’s Section 115 Trust Program has five investment portfolios: Capital Appr eciation,
Balanced, Moderate, Moderately Conservative, and Conservative. Each portfolio has
different risk profiles with different amounts invested in equities and other investments.
Each of the risk profiles have a policy asset allocation as shown in the table below. It is
important to note that as the amount of equities increases, risk and volatility increases,
while as the amount of equities decreases, risk and volatility decreases. It should be
noted, that with any investment portfolio, the opportunity exists that the City could lose
money.
The charts below illustrate the PARS actual rate of returns for the past one, three, and
five-year periods.
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Strategy 1-Year 3-Year 5-Year
Capital Appreciation 4.83%9.67%6.72%
Balanced 4.73%8.61%5.83%
Moderate 4.64%7.53%5.33%
Mod. Conservative 4.27%5.47%4.18%
Conservative 4.26%4.00%3.37%
$1M Initial Investment 1-Year 3-Year 5-Year
Capital Appreciation $48,300 $290,100 $336,000
Balanced 47,300 258,300 291,500
Moderate 46,400 225,900 266,500
Mod. Conservative 42,700 164,100 209,000
Conservative 42,600 120,000 168,500
$2M Initial Investment 1-Year 3-Year 5-Year
Capital Appreciation $96,600 $580,200 $672,000
Balanced 94,600 516,600 583,000
Moderate 92,800 451,800 533,000
Mod. Conservative 85,400 328,200 418,000
Conservative 85,200 240,000 337,000
$3M Initial Investment 1-Year 3-Year 5-Year
Capital Appreciation $144,900 $870,300 $1,008,000
Balanced 141,900 774,900 874,500
Moderate 139,200 677,700 799,500
Mod. Conservative 128,100 492,300 627,000
Conservative 127,800 360,000 505,500
$5M Initial Investment 1-Year 3-Year 5-Year
Capital Appreciation $241,500 $1,450,500 $1,680,000
Balanced 236,500 1,291,500 1,457,500
Moderate 232,000 1,129,500 1,332,500
Mod. Conservative 213,500 820,500 1,045,000
Conservative 213,000 600,000 842,500
PARS Active Portfolios Actual Return
PARS Active Portfolios Rate of Return
The proceeds from these investments could be utilized in various ways including:
1. Allocate the interest earnings for supplemental contributions to CalPERS to
reduce unfunded liabilities. Staff recommends this option as it will being to pay
down the unfunded liability while maintaining a principal balance of the initial
$2,000,000 investment.
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2. Expend the entirety of the trust fund to act as a pension-smoothing tool to
make regular employer pension contributions during an economic downturn.
3. Allow interest to compound and annually review the status of the trust to
determine if/when trust funds should be expended.
ALTERNATIVES
Council could decide against establishing the Trust, however this is not recommended
as on September 16, 2019 Council directed staff to return with this item.
FISCAL IMPACT/FUNDING SOURCE
Additionally, the City will pay fees to PARS and Highmark Capital for management of
the Trust and investment of the plan assets based on the amount of funds under the
management in the Trust. PARS Administration Fee is 0.25% of assets in the held Trust
and the Highmark Capital Management Fee is approximately 0.35% of assets held in
the Trust, both on an annual basis. However, fees would be charged monthly and taken
from those assets. Assuming $2,000,000 was put into the Trust, a total fee of 0.60%
equates to $12,000 per year.
Council has several options concerning ongoing funding for this trust including:
1. Contribution of all or a portion of annual year-end savings. For example,
should the City have unexpended funds at the end of a fiscal year, those funds
(or a portion of them) could be allocated to the trust.
2. Set annual budgetary amount. Council, as part of the regular budget process,
could make an annual expenditure towards to the trust.
3. Unassigned fund balance. Amounts that exceed the required 30% general
fund reserve level could be allocated towards contributions to the trust.
4. On-going savings from CalPERS unfunded liability prepayment (lump sum).
Each year, rather than submitting the required unfunded liability payment during
each payroll period, the City makes that payment on July 1st and thus realizes
significant interest savings of approximately $100,000 annually. Those funds
could be allocated to the trust.
It is acknowledged that some of these funding options will have minimal impact on the
overall unfunded liability level, however, credit rating agencies look favorably on
organizations that make any effort to improve their unfunded liability status.
Staff request that Council discuss and provide direction for the ongoing funding source.
Once direction is received, staff will return with a formal financial policy for Council to
consider for adoption.
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CONCLUSION
Staff recommends the City Council authorize participation in the Public Agencies Post-
Employment Benefits Section 115 Trust Program administered by Publ ic Agency
Retirement Services (PARS) to pre-fund Pension Benefits and authorize the City
Administrator or their designee to execute contract documents.
NEXT STEPS
Should Council approve the recommendations, staff will execute the aforementioned
documents. At a subsequent meeting, staff will request that Council adopt a formal
pension liability funding policy and also adopt a separate City investment policy for the
IRS Section 115 Trust.
Attachments:
1. Resolution 115 Trust
2. Administrative Services Agreement
3. Pension Trust Budget Amendment Resolution
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RESOLUTION NO. 2019-XX
RESOLUTION NO. 2019-XX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING THE ADOPTION OF THE PUBLIC
AGENCIES POST-EMPLOYMENT BENEFITS TRUST
ADMINISTERED BY PUBLIC AGENCY RETIREMENT
SERVICES (PARS)
WHEREAS, PARS has made available the PARS Public Agencies Post-Employment Benefits Trust (the
“Program”) for the purpose of pre-funding pension obligations and/or OPEB obligations; and
WHEREAS, the City of Gilroy (“City”) is eligible to participate in the Program, a tax-exempt trust
performing an essential governmental function within the meaning of Section 115 of the Internal Revenue Code,
as amended, and the Regulations issued there under, and is a tax -exempt trust under the relevant statutory
provisions of the State of California; and
WHEREAS, the City’s adoption and operation of the Program has no effect on any current or former
employee’s entitlement to post-employment benefits; and
WHEREAS, the terms and conditions of post-employment benefit entitlement, if any, are governed by
contracts separate from and independent of the Program; and
WHEREAS, the City’s funding of the Program does not, and is not intended to, create any new vested
right to any benefit nor strengthen any existing vested right; and
WHEREAS, the City reserves the right to make contributions, if any, to the Program.
NOW THEREFORE, BE IT RESOLVED THAT:
1. The City Council hereby adopts the PARS Public Agencies Post-Employment Benefits Trust,
effective November 18, 2019, ; and
2. The City Council hereby appoints the City Administrator, or his/her successor or his/her designee as
the City’s Plan Administrator for the Program; and
3. The City’s Plan Administrator or their designee is hereby authorized to execute the PARS legal and
administrative documents on behalf of the City and to take whatever additional actions are necessary
to maintain the City’s participation in the Program and to maintain compliance of any relevant
regulation issued or as may be issued; therefore, authorizing him/her to take whatever additional
actions are required to administer the City’s Program.
PASSED AND ADOPTED this 18th day of November, 2019, by the following roll call vote:
AYES:
NOES:
ABSENT:
APPROVED:
10.C.a
Packet Pg. 261 Attachment: Resolution 115 Trust (2457 : IRS Section 115 Trust)
RESOLUTION NO. 2019-XX
_______________________
Roland Velasco, Mayor
ATTEST:
Shawna Freels, City Clerk
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
____________________, the City Clerk of the City of Gilroy, State of California, hereby certifies that the above
foregoing resolution was duly and regularly adopted by said City at a regular meeting thereof held on the
__________, and passed by a __________ vote of said Council.
IN WITNESS WHEREOF I have hereunto set my hand and seal this _______________, 2019.
________________________________
Shawna Freels, City Clerk
10.C.a
Packet Pg. 262 Attachment: Resolution 115 Trust (2457 : IRS Section 115 Trust)
Page 1
AGREEMENT FOR ADMINISTRATIVE SERVICES
This agreement (“Agreement”) is made this _____ day of _____________, 2019, between
Phase II Systems, a corporation organized and existing under the laws of the State of
California, doing business as Public Agency Retirement Services and PARS (hereinafter
“PARS”) and the [Agency Name] (“Agency”).
WHEREAS, the Agency has adopted the PARS Public Agencies Post-Employment Benefits
Trust for the purpose of pre-funding pension obligations and/or OPEB obligations (“Plan”),
and is desirous of retaining PARS as Trust Administrator to the Trust, to provide
administrative services.
NOW THEREFORE, the parties agree:
1. Services. PARS will provide the services pertaining to the Plan as described in the
exhibit attached hereto as “Exhibit 1A” (“Services”) in a timely manner, subject to the
further provisions of this Agreement.
2. Fees for Services. PARS will be compensated for performance of the Services as
described in the exhibit attached hereto as “Exhibit 1B”.
3. Payment Terms. Payment for the Services will be remitted directly from Plan assets
unless the Agency chooses to make payment directly to PARS. In the event that the
Agency chooses to make payment directly to PARS, it shall be the responsibility of the
Agency to remit payment directly to PARS based upon an invoice prepared by PARS and
delivered to the Agency. If payment is not received by PARS within thirty (30) days of
the invoice delivery date, the balance due shall bear interest at the rate of 1.5% per
month. If payment is not received from the Agency within sixty (60) days of the invoice
delivery date, payment plus accrued interest will be remitted directly from Plan assets,
unless PARS has previously received written communication disputing the subject
invoice that is signed by a duly authorized representative of the Agency.
4. Fees for Services Beyond Scope. Fees for services beyond those specified in this
Agreement will be billed to the Agency at the rates indicated in the PARS’ standard fee
schedule in effect at the time the services are provided and shall be payable as described
in Section 3 of this Agreement. Before any such services are performed, PARS will
provide the Agency with a detailed description of the services, terms, and applicable rates
for such services. Such services, terms, and applicable rates shall be agreed upon in
writing and executed by both parties.
5. Information Furnished to PARS. PARS will provide the Services contingent upon the
Agency’s providing PARS the information specified in the exhibit attached hereto as
“Exhibit 1C” (“Data”). It shall be the responsibility of the Agency to certify the
accuracy, content and completeness of the Data so that PARS may rely on such
information without further audit. It shall further be the responsibility of the Agency to
deliver the Data to PARS in such a manner that allows for a reasonable amount of time
for the Services to be performed. Unless specified in Exhibit 1A, PARS shall be under
no duty to question Data received from the Agency, to compute contributions made to the DRAFT10.C.b
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Page 2
Plan, to determine or inquire whether contributions are adequate to meet and discharge
liabilities under the Plan, or to determine or inquire whether contributions made to the
Plan are in compliance with the Plan or applicable law. In addition, PARS shall not be
liable for non performance of Services to the extent such non performance is caused by or
results from erroneous and/or late delivery of Data from the Agency. In the event that the
Agency fails to provide Data in a complete, accurate and timely manner and pursuant to
the specifications in Exhibit 1C, PARS reserves the right, notwithstanding the further
provisions of this Agreement, to terminate this Agreement upon no less than ninety (90)
days written notice to the Agency.
6. Records. Throughout the duration of this Agreement, and for a period of five (5) years
after termination of this Agreement, PARS shall provide duly authorized representatives
of Agency access to all records and material relating to calculation of PARS’ fees under
this Agreement. Such access shall include the right to inspect, audit and reproduce such
records and material and to verify reports furnished in compliance with the provisions of
this Agreement. All information so obtained shall be accorded confidential treatment as
provided under applicable law.
7. Confidentiality. Without the Agency’s consent, PARS shall not disclose any
information relating to the Plan except to duly authorized officials of the Agency, subject
to applicable law, and to parties retained by PARS to perform specific services within
this Agreement. The Agency shall not disclose any information relating to the Plan to
individuals not employed by the Agency without the prior written consent of PARS,
except as such disclosures may be required by applicable law.
8. Independent Contractor. PARS is and at all times hereunder shall be an independent
contractor. As such, neither the Agency nor any of its officers, employees or agents shall
have the power to control the conduct of PARS, its officers, employees or agents, except
as specifically set forth and provided for herein. PARS shall pay all wages, salaries and
other amounts due its employees in connection with this Agreement and shall be
responsible for all reports and obligations respecting them, such as social security,
income tax withholding, unemployment compensation, workers’ compensation and
similar matters.
9. Indemnification. PARS and Agency hereby indemnify each other and hold the other
harmless, including their respective officers, directors, employees, agents and attorneys,
from any claim, loss, demand, liability, or expense, including reasonable attorneys’ fees
and costs, incurred by the other as a consequence of, to the extent, PARS’ or Agency’s,
as the case may be, negligent acts, errors or omissions with respect to the performance of
their respective duties hereunder.
10. Compliance with Applicable Law. The Agency shall observe and comply with federal,
state and local laws in effect when this Agreement is executed, or which may come into
effect during the term of this Agreement, regarding the administration of the Plan.
PARS shall observe and comply with federal, state and local laws in effect when this
Agreement is executed, or which may come into effect during the term of this
Agreement, regarding Plan administrative services provided under this Agreement. DRAFT10.C.b
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Page 3
11. Applicable Law. This Agreement shall be governed by and construed in accordance
with the laws of the State of California. In the event any party institutes legal
proceedings to enforce or interpret this Agreement, venue and jurisdiction shall be in any
state court of competent jurisdiction.
12. Force Majeure. When a party’s nonperformance hereunder was beyond the control and
not due to the fault of the party not performing, a party shall be excused from performing
its obligations under this Agreement during the time and to the extent that it is prevented
from performing by such cause, including but not limited to: any incidence of fire, flood,
acts of God, acts of terrorism or war, commandeering of material, products, plants or
facilities by the federal, state or local government, or a material act or omission by the
other party.
13. Ownership of Reports and Documents. The originals of all letters, documents, reports,
and data produced for the purposes of this Agreement shall be delivered to, and become
the property of the Agency. Copies may be made for PARS but shall not be furnished to
others without written authorization from Agency.
14. Designees. The Plan Administrator of the Agency, or their designee, shall have the
authority to act for and exercise any of the rights of the Agency as set forth in this
Agreement, subsequent to and in accordance with the written authority granted by the
Governing Body of the Agency, a copy of which writing shall be delivered to PARS.
Any officer of PARS, or his or her designees, shall have the authority to act for and
exercise any of the rights of PARS as set forth in this Agreement.
15. Notices. All notices hereunder and communications regarding the interpretation of the
terms of this Agreement, or changes thereto, shall be effected by delivery of the notices
in person or by depositing the notices in the U.S. mail, registered or certified mail, return
receipt requested, postage prepaid and addressed as follows:
(A) To PARS: PARS; 4350 Von Karman Avenue, Suite 100, Newport Beach, CA
92660; Attention: President
(B) To Agency: [Agency]; [Agency Address]; Attention: [Plan Administrator Title]
Notices shall be deemed given on the date received by the addressee.
16. Term of Agreement. This Agreement shall remain in effect for the period beginning
_______________, 2019 and ending _____________, 2022 (“Term”). This Agreement
may be terminated at any time by giving thirty (30) days written notice to the other party
of the intent to terminate. Absent a thirty (30) day written notice to the other party of the
intent to terminate, this Agreement will continue unchanged for successive twelve month
periods following the Term.
17. Amendment. This Agreement may not be amended orally, but only by a written
instrument executed by the parties hereto.
18. Entire Agreement. This Agreement, including exhibits, contains the entire
understanding of the parties with respect to the subject matter set forth in this Agreement.
In the event a conflict arises between the parties with respect to any term, condition or DRAFT10.C.b
Packet Pg. 265 Attachment: Administrative Services Agreement (2457 : IRS Section 115 Trust)
Page 4
provision of this Agreement, the remaining terms, conditions and provisions shall remain
in full force and legal effect. No waiver of any term or condition of this Agreement by
any party shall be construed by the other as a continuing waiver of such term or
condition.
19. Attorneys Fees. In the event any action is taken by a party hereto to enforce the terms of
this Agreement the prevailing party herein shall be entitled to receive its reasonable
attorney’s fees.
20. Counterparts. This Agreement may be executed in any number of counterparts, and in
that event, each counterpart shall be deemed a complete original and be enforceable
without reference to any other counterpart.
21. Headings. Headings in this Agreement are for convenience only and shall not be used to
interpret or construe its provisions.
22. Effective Date. This Agreement shall be effective on the date first above written, and
also shall be the date the Agreement is executed.
AGENCY:
BY:
Plan Administrator Name
TITLE:
DATE:
PARS:
BY:
Tod Hammeras
TITLE: Chief Financial Officer
DATE:
DRAFT10.C.b
Packet Pg. 266 Attachment: Administrative Services Agreement (2457 : IRS Section 115 Trust)
Page 5
EXHIBIT 1A
SERVICES
PARS will provide the following services for the [Agency Name] Public Agencies Post-
Employment Benefits Trust:
1. Plan Installation Services:
(A) Meeting with appropriate Agency personnel to discuss plan provisions,
implementation timelines, actuarial valuation process, funding strategies, benefit
communication strategies, data reporting, and submission requirements for
contributions/reimbursements/distributions;
(B) Providing the necessary analysis and advisory services to finalize these elements of
the Plan;
(C) Providing the documentation needed to establish the Plan to be reviewed and
approved by Agency legal counsel. Resulting final Plan documentation must be
approved by the Agency prior to the commencement of PARS Plan Administration
Services outlined in Exhibit 1A, paragraph 2 below.
2. Plan Administration Services:
(A) Monitoring the receipt of Plan contributions made by the Agency to the trustee of the
PARS Public Agencies Post-Employment Benefits Trust (“Trustee”), based upon
information received from the Agency and the Trustee;
(B) Performing periodic accounting of Plan assets, reimbursements/distributions, and
investment activity, based upon information received from the Agency and/or
Trustee;
(C) Coordinating the processing of distribution payments pursuant to authorized direction
by the Agency, and the provisions of the Plan, and, to the extent possible, based upon
Agency-provided Data;
(D) Coordinating actions with the Trustee as directed by the Plan Administrator within
the scope of this Agreement;
(E) Preparing and submitting a monthly report of Plan activity to the Agency, unless
directed by the Agency otherwise;
(F) Preparing and submitting an annual report of Plan activity to the Agency;
(G) Facilitating actuarial valuation updates and funding modifications for compliance
with GASB 45/75, if prefunding OPEB obligations;
(H) Coordinating periodic audits of the Trust;
(I) Monitoring Plan and Trust compliance with federal and state laws.
3. PARS is not licensed to provide and does not offer tax, accounting, legal, investment or
actuarial advice.
DRAFT10.C.b
Packet Pg. 267 Attachment: Administrative Services Agreement (2457 : IRS Section 115 Trust)
Page 6
EXHIBIT 1B
FEES FOR SERVICES
PARS will be compensated for performance of Services, as described in Exhibit 1A based
upon the following schedule:
An annual asset fee shall be paid from Plan assets based on the following schedule:
For Plan Assets from: Annual Rate:
$1 to $10,000,000 0.25%
$10,000,001 to $15,000,000 0.20%
$15,000,001 to $50,000,000 0.15%
$50,000,001 and above 0.10%
Annual rates are prorated and paid monthly. The annual asset fee shall be calculated by
the following formula [Annual rate divided by 12 (months of the year) multiplied by the
Plan asset balance at the end of the month]. Trustee and Investment Management Fees
are not included. DRAFT10.C.b
Packet Pg. 268 Attachment: Administrative Services Agreement (2457 : IRS Section 115 Trust)
Page 7
EXHIBIT 1C
DATA REQUIREMENTS
PARS will provide the Services under this Agreement contingent upon receiving the
following information:
1. Executed Legal Documents:
(A) Certified Resolution
(B) Adoption Agreement to the Public Agencies Post-Employment Benefits Trust
(C) Trustee Investment Forms
2. Contribution – completed Contribution Transmittal Form signed by the Plan
Administrator (or authorized Designee) which contains the following information:
(A) Agency name
(B) Contribution amount
(C) Contribution date
(D) Contribution method (Check, ACH, Wire)
3. Distribution – completed Payment Reimbursement/Distribution Form signed by the
Plan Administrator (or authorized Designee) which contains the following
information:
(A) Agency name
(B) Payment reimbursement/distribution amount
(C) Applicable statement date
(D) Copy of applicable premium, claim, statement, warrant, and/or administrative
expense evidencing payment
(E) Signed certification of reimbursement/distribution from the Plan Administrator
(or authorized Designee)
4. Other information pertinent to the Services as reasonably requested by PARS and
Actuarial Provider.
DRAFT10.C.b
Packet Pg. 269 Attachment: Administrative Services Agreement (2457 : IRS Section 115 Trust)
RESOLUTION NO. 2019-XX
RESOLUTION NO. 2019-XX
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF GILROY AMENDING THE BUDGET FOR
THE CITY OF GILROY FOR FISCAL YEAR 2019-2020
IN THE GENERAL, WATER ENTERPRISE, SEWER
ENTERPRISE, AND FRINGE BENEFIT FUNDS AND
APROPRIATING PROPOSED EXPENDITURE
AMENDMENTS
WHEREAS, the City Administrator prepared and submitted to the City Council a budget
for the City of Gilroy for Fiscal Years 2019-2020 and 2020-2021, and the City Council carefully
examined, considered and adopted the same on June 3, 2019; and
WHEREAS, City Staff has prepared and submitted to the City Council a proposed
amendment to said budget for Fiscal Year 2019-2020 for the City of Gilroy in the staff report
dated November 18, 2019 for the IRS Section 115 Pension Trust, appropriating funding for the
initial contribution to said pension trust; and
WHEREAS, the City Council has carefully examined and considered the same and is
satisfied with said budget amendments.
NOW, THEREFORE, BE IT RESOLVED THAT appropriations for Fiscal Year 2019-20
are hereby increased in the following funds by the following amounts.
Fund Number Fund Name Amount
100 General Fund $ 1,800,000
700 Sewer Enterprise Fund $ 100,000
720 Water Enterprise Fund $ 100,000
699 Fringe Benefit Internal Service Fund $ 2,000,000
PASSED AND ADOPTED this 18th day of November, 2019 by the following roll call
vote:
10.C.c
Packet Pg. 270 Attachment: Pension Trust Budget Amendment Resolution (2457 : IRS Section 115 Trust)
RESOLUTION NO. 2019-XX
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
APPROVED:
___________________________
ATTEST: Roland Velasco, Mayor
_________________________
Shawna Freels, City Clerk
10.C.c
Packet Pg. 271 Attachment: Pension Trust Budget Amendment Resolution (2457 : IRS Section 115 Trust)
City of Gilroy
STAFF REPORT
Agenda Item Title: Approval of the Gilroy Neighborhood Traffic Management Program
to Support Citywide Traffic Calming
Meeting Date: November 18, 2019
From: Gabriel Gonzalez, City Administrator
Department: Public Works Department
Submitted By: Girum Awoke
Prepared By: Gary Heap
Gary Heap
Strategic Plan Goals
☐ Fiscal Stability
☐ Downtown
Revitalization
☐ Economic
Development
Neighborhood Services
Enhanced Public
Safety
☐ Workforce Stability ☐ Public Engagement
RECOMMENDATION
Approve the City's neighborhood traffic management program.
BACKGROUND
On May 21, 2018, the draft Neighborhood Traffic Management Program (Program) was
presented to the City Council for review and comment. Staff received helpful input and
feedback on the draft document and made changes as discussed below (a copy of the
2018 staff report is attached for reference).
ANALYSIS
Revisions to the Draft Neighborhood Traffic Management Program
10.D
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Based on the City Council comments received at the May 2018 meeting and
subsequent additional review/research, the document has been updated to address
definition of local streets, appropriate threshold for Phase 1 measures, more specific
review timeframes for traffic calming requests, and a more robust prioritization scheme.
A summary of the revisions follows:
Definition of Local Street – The functional street classification definition has been
added to the Local Street description within the document. In addition, additional
information has been added to the Arterial and Collector Street definitions from
the Roadway Functional Classification Concepts, Criteria and Procedures white
paper prepared by staff in August 2018.
Limiting Thresholds for Phase I Measures – The Council asked staff to include
some threshold for Step 1 measures to be considered. This was done based on
a belief that staff would be overwhelmed with traffic calming requests once the
document was adopted by Council. In a review of other jurisdiction’s traffic
calming process, only one other City, Sunnyvale, required neighborhood support
prior to initial staff action. All other Cities’ traffic calming process indicated that
they conducted the initial traffic evaluation, and implemented Step 1-type
improvements as in initial step to traffic calming. Staff recommends that the
current process in the Program be maintained, but be reevaluate after six months
to determine if there is an excess of requests. If so, then an interim step, similar
to Sunnyvale, could be implemented. The process would require initial
neighborhood consensus for the traffic calming request at the time of submittal.
This could be indicated by submittal of a petition from the requesting resident
containing ten signatures from surrounding neighb ors.
Include Range of Time Periods on the Implementation Chart – Time ranges have
now been added to the Implementation Chart – Figure 7. The chart now shows a
five to eight month range of time for Phase I traffic calming improvement
implementation and a five to nine month range of time for Phase II traffic calming
improvement implementation.
Include Implementation for Phase II – An “Implementation” task has now been
added to the Figure 6: Traffic Calming Procedure.
Reaffirm Prioritization Method – Council requested staff review the prioritization
system proposed in the document for Phase II implementation. A review of traffic
calming programs in other jurisdictions provided alternatives that had not been
considered. The prioritization process in the document has been revised with the
benefit of this review.
10.D
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Living Document – Council wanted to make sure the document is considered a
“living document” and can be revised in the future if needed. Language appears
in Section 1.8 of the document which states, “To be sure, the most current
industry-wide information and tools are available to the program users, this
document shall be considered a “living document”. It may be updated from time
to time as new neighborhood traffic management and traffic calming techniques
are developed and tested, and the City and neighborhoods continue to gain more
experience with the program.”
Require a Fee to Apply for Traffic Calming – A review of other traffic calming
policies and practices showed that no other city charged its residents an
application fee, or for the initial cost of staff’s traffic calming evaluation. Some
cities did cost share some implementation costs (from Traffic Calming Policy
Paper developed by Hexagon):
Figure 1: Chart of Funding Sources for Traffic Calming by City
City Funding Source Comment
Morgan Hill CIP/Citizen Accepts voluntary contributions from citizens
Sunnyvale General Fund
Mountain
View
General
Fund/CIP Larger projects from CIP
Palo Alto General
Fund/Citizens
Dedicates $100,000 per year to traffic calming;
accepts voluntary contributions from citizens
Menlo Park General Fund
Redwood
City General Fund
San Mateo Traffic Impact
Fee Developer Funded
Fremont General Fund
Livermore Citizen-shared City covers administrative cost but shares
construction cost
Citywide Speed Survey
The City Council recently adopted the Citywide Speed Survey. This confirmed the
posted speed limits for the arterial and collector streets in the City. Speed limits on nine
streets are changing based on the speed survey, but the remainder of the speed limits
10.D
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on the arterial and collector street network will remain the same. Speed limits on the
local street network were not changed as the prima facie speed limit on those streets is
25 mph regardless of the speed survey.
It is important to ensure that all streets in the City have valid speed limits when
considering a traffic calming program since the communities’ expectations, when
submitting a speed-related traffic calming request, would be for staff to consider
implementing traffic calming practices, and not raise the speed limit on a street. Without
confirming the validity of the citywide speed limits, this was a possibility.
List of Current Traffic Calming Requests
Over the past several months, Engineering has received eighteen traffic calming
requests. Staff has a log of the requests along with the contact information of the
requesting individuals. Below, in order of request, is a list of the locations requested to
date:
Figure 2: List of Current Traffic Calming Requests
No. Location Issue
1 Hirasaki Ave. and Monticelli Dr. Speeding
2 Welburn Ave. from Leavesly Rd. to Wren Ave. Speeding
3 Mantelli Dr. from Santa Teresa Blvd. to Rancho Hill Dr. Speeding
4 Hanna St. southbound at La Sierra Wy. Speeding
5 Farrell Ave. from Church St. to Monterey Rd. Speeding
6 Mantelli Dr. from Wren Ave. to Kern Ave. Speeding
7 Church St. and Las Animas Ave. Speeding
8 Mantelli Dr. at Church St. Speeding
9 Silviera Tract – Bobcat Ct. Speeding
10 Swanston Ln. south of Leavesley Rd. Speeding
11 Sunrise Dr. Speeding
12 Upper Welburn Ave. Speeding
13 Westwood Dr. south of 3rd St. Speeding
14 La Paloma Way west of Wren Ave. Speeding
15 Miller Ave. near 2nd St. Speeding
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16 La Alondra Way Speeding/Cut-Through
17 3rd St. from Westwood Dr. to Wren Ave. Speeding
18 Longmeadow Dr. Speeding
NEXT STEPS
Once the Program is adopted by the City Council, staff will notify the individuals on the
list, request they submit a formal application, and begin the e valuation process. Staff
will bring an update on the progress of traffic calming requests, and staff’s traffic
calming efforts back to the City Council in six months.
FISCAL IMPACT
At this time, staff time to process traffic calming requests and develop traffic calming
programs will be funded out of the Public Works Engineering operating budget in the
General Fund. Addressing traffic calming requests and working with the community to
develop plans that address their concerns can be costly and take an extended period of
time. It would not be uncommon for a single request to take 50–100 hours or more of
staff time to fully develop and implement a neighborhood traffic calming plan. It would
also not be uncommon for a single neighborhood traffic calming p lan to include between
$100,000 and $500,000, or more, in improvement costs.
The FY20 Budget includes a one-time appropriation of $150,000 for traffic calming
improvements. This funding will be used to install devices identified during the initial
traffic calming program implementation. Additional funding, if needed, will be requested
during the FY21 CIP budget process.
Attachments:
1. May 2018 NTMP Staff Report
2. Draft Gilroy Neighborhood Traffic Management Program October 17 2019
10.D
Packet Pg. 276
City of Gilroy
STAFF REPORT
Agenda Item Title: Review of the Draft Neighborhood Traffic Management (Traffic
Calming) Program
Meeting Date: May 21, 2018
From: Gabriel Gonzalez, City Administrator
Department: Public Works Department
Submitted By: Girum Awoke
Prepared By: Girum Awoke
Gary Heap
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
Public safety is a priority of the City Council. In response to the community’s interest for
traffic calming measures the City Council directed staff to develop a city-wide traffic
calming policy. Staff has been reviewing sites, analyzing potential solutions versus
available resources, other pending neighborhood requests, and factors such as uniform
treatment throughout the City, etc. Often residents have been frustrated at the rate of
the review and at the perceived lack of attention. A formal policy that addresses the
following has been missing:
10.D.a
Packet Pg. 277 Attachment: May 2018 NTMP Staff Report (2495 : Review and Approval of the City Neighborhood Traffic Management Program (NTMP))
1) Education/Information – so staff and residents can communicate about the needs
and the solutions in a more uniform manner;
2) Traffic Calming Metrics (well defined traffic calming criteria and thresholds) - so
residents can understand how their neighborhood may qualify for traffic calming
measures, and what may be involved in traffic calming;
3) Clearly Defined Process – so citizens know and understand the initial and
subsequent steps in the traffic management process.
A draft Neighborhood Traffic Management Program (NTMP) (Exhibit A) has been
prepared and is presented for Council’s review and feedback.
POLICY DISCUSSION
Currently the City of Gilroy does not have a policy in place regarding citywide traffic
calming approaches and measures. In general, a Citywide Traffic Calming Policy is
adopted in response to concerns over neighborhood traffic safety and neighborhood
livability. Given the increasing volume of traffic and the need to balance traffic capacity
with vehicular safety, it is important to adopt a citywide Neighborhood Traffic
Management Program (NTMP).
Due to the variations in and frequency of requests for neighborhood traffic calming
measures, City staff, under the direction of Council, has develop ed a proposed draft
citywide Traffic Calming Policy for Council consideration. This document is based on
feedback received on the draft Neighborhood Traffic Management Program (NTMP)
framework.
BACKGROUND
Neighborhood Traffic Management is comprised of the “3 E’s”; Education, Enforcement,
and Engineering. Traffic calming is the engineering leg of this traffic management
triangle. The Institute of Transportation Engineers, an international educational and
scientific association of transportation professionals, defines traffic calming as follows:
“Traffic calming is the combination of mainly physical measures that reduce the
negative effects of motor vehicle use, alter driver behavior, and improve
conditions for non-motorized street users (bicyclists, pedestrians, etc…).”
The purpose of traffic calming is to alter a driver’s behavior, either by forcing a vehicle to
slow or to use an alternative route, through the use of engineering solutions and /or the
installation of physical devices. Our NTMP consists of two types of devices; Phase I
and Phase II devices. Phase I measures can be implemented on any public City street.
This category consists of easy to implement, low cost, and often less controversial tools
such as: neighborhood traffic safety campaigns, radar speed display units, targeted
10.D.a
Packet Pg. 278 Attachment: May 2018 NTMP Staff Report (2495 : Review and Approval of the City Neighborhood Traffic Management Program (NTMP))
police enforcement, most sign installations (excluding stop signs and turn-prohibition
signs), and pavement striping changes. Because these measures are less controversial,
staff will have discretion for implementation, and neighborhood consensus building,
while not required, may be undertaken by staff if appropriate.
Phase 2 measures alter the configuration of streets, impede traffic flow, change travel
patterns and can be very controversial. These measures are also considerably more
expensive than Phase 1 measures. Because Phase 2 measures are designed to alter
travel patterns and/or impede traffic flow, they require significant engineering study,
community acceptance, and City Council approval prior to installation. For this reason,
they are not appropriate for all City streets.
The draft NTMP allows Phase 1 measures to be installed on all City streets; including
arterial, collector and local streets. Phase 2 measures are allowed on local streets and
on collector streets in certain circumstances and conditions. Speed control devices,
such as speed cushions, do not cause significant diversion, but are effective at reducing
speeding. Therefore, they will be considered for use on collector streets so long as they
do not cause a delay to the delivery of emergency services, and are approved by the
Fire and Police Departments at the recommended location.
In general, all the following general criteria must be met to consider the installation of
any Phase 2 traffic calming measure:
The street must be residential in nature, and be classified as a local street or
collector street.
The street must not be a bus route, used by a VTA bus route, or identified as an
arterial in the City of Gilroy General Plan.
An appropriate street location for the device(s) shall be available.
A majority of the impacted residents or businesses must support the installation,
with higher response rates and support rates on the streets where the traffic
calming devices are proposed.
Installation must not result in traffic diversions to other neighborhood streets.
TRAFFIC CALMING PROCEDURES
The traffic calming process begins with a specific request to the Public Works
Department from a neighborhood resident by letter, phone call, or email. After
determining the nature of the request, City staff will undertake the following procedure:
1. Forward a copy of the City’s adopted Neighborhood Traffic Management
Program to the resident and ask the resident to file a traffic calming request form.
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2. After receipt of the completed form, staff will review the street in question, collect
traffic counts, analyze reported collisions over the past three years, and conduct
an analysis of the current traffic conditions.
3. If the traffic analysis indicates that no traffic calming thresholds were met (speed,
volume or collisions), staff may recommend the installation of Phase 1 traffic
calming improvements to address the resident’s concerns. The requesting party
will be notified of the results of the traffic analysis and the ins tallation of any
recommended improvements. The resident must wait a minimum of one year to
again request traffic calming improvements.
4. If the traffic analysis indicates that one or more traffic calming thresholds are met,
staff will identify and install appropriate Phase 1 devices in the area of concern.
The requesting party will be notified of the results of the traffic analysis and the
recommended improvements to be installed.
5. Following a period of time for traffic to normalize given the installation of the
Phase 1 improvements (usually 1 to 3 months), staff will conduct a follow-up
traffic analysis to determine if the traffic calming thresholds are still being met. If
the resident’s concerns are abated through the use of Phase 1 traffic calming
measures during this trial phase, no further action is then necessary.
6. If one or more traffic calming thresholds are met, City staff will rank the
neighborhood based on a priority ranking system and place the neighborhood
into a priority list with other ranked neighborhoods.
7. Once the neighborhood is at the top of the priority list, the traffic calming
neighborhood support process is initiated with a petition circulated by the
requesting resident.
8. If the petition process is successful, City staff conducts additional traffic analysis
to determine if any of the other streets within the defined traffic calming study
area meet the thresholds for Phase 2 traffic calming devices. Only those streets
that meet the thresholds are eligible for the installation of physical Phase 2 traffic
calming devices. Phase 1 improvements may be applied to non-qualifying streets
within the study area.
9. When the data has successfully been collected and analyzed, a neighborhood
meeting is conducted. At this first outreach meeting, staff will introduce the
concepts of Neighborhood Traffic Management, various traffic calming concepts
including the functions of various traffic calming devices, provide an overview of
the process with associated timelines, and address any questions. Through this
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meeting, staff will identify the significant traffic calming interests of the
neighborhood.
10. With the interests of the neighborhood identified, staff will then develop a traffic
calming plan to address those issues. Staff will use engineering judgement to
determine the most efficient devices, and the most effective placement, to
address the neighborhood issues.
11. The plan will then be circulated internally for review by various City departments
that may have an interest in the elements of the program. This will include the
Police Department, Fire Department, Planning Division, and the Public Works
Maintenance Division. Comments from these groups will be addressed as
necessary.
12. Once the traffic calming plan has been approved by all interested City
departments, a second neighborhood meeting is scheduled to introduce the plan
and answer any questions. Based on the comments obtained from the meeting
regarding the draft traffic calming plan, Public Works staff may elect to revise the
plan accordingly and request a subsequent review from all affected City
departments, or decide to move forward if the comments are not substantive.
13. As the final stage in the public outreach process, the affected streets within the
traffic calming neighborhood are polled using a mailed secret ballot to determine
support for the Phase 2 traffic calming plan.
14. The results of the traffic calming survey are then summarized in a staff report and
presented to the City Council for consideration. Notice of the meeting is provided
to the traffic calming neighborhood area, and the meeting is posted through our
social media outlets.
15. During each budget cycle, approved programs will be placed into the City’s
Capital Improvement Program (CIP) and funding will be requested from the City
Council. Staff will recommend approved programs on a prioritized basis using
the priority ranking system. Any approved program that does not receive Council
approval for implementation funding will have to compete with approved projects
requesting funding during the next budget funding cycle.
TRAFFIC CALMING TIMELINE
The development and implementation of a neighborhood traffic calming program can
take a considerable amount of time. The timing of events varies considerably from case
to case. Considerations that affect program timing include:
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Level of community interest in the program, and number of requests
Size of area and complexity of plan alternatives,
Time necessary to obtain required petition signatures,
Difficulty in scheduling community meetings,
Scale and complexity of final design and construction contract requirements,
Funding availability,
Weather effects on construction season, and
Competing demands on staff resources.
Although it is conceivable that a relatively simple project could be completed in as little
as 12 months from qualifying petition to installation, as a practical matter, project
duration in excess of 18 months to two years would not be uncommon.
FISCAL IMPACT
At this time, staff time to process traffic calming requests and develop traffic calming
programs will be funded out of the Public Works Engineering operating budget.
Addressing traffic calming requests and working with the community to develop plans
that address their concerns can be costly and take an extended period of time. It wou ld
not be uncommon for a single request to take 50–100 hours or more of staff time to fully
develop and implement a neighborhood traffic calming plan. It would also not be
uncommon for a single neighborhood traffic calming plan to include between $100,000
and $500,000, or more, in improvement costs.
At this time there is no dedicated funding for this program. It is recommended that a
separate traffic calming budget be established annually for staff processing of traffic
calming requests. Additional funding should also be identified annually for smaller
traffic calming plan improvement installations. For instance, installing three temporary
speed cushions along a roadway segment could cost as much as $30,000.
It is therefore recommended that council consider appropriating a budget in the amount
of $250,000 which will be used to pay for traffic calming studies as well as
implementation of measures; this budget could be evaluated annually based on the type
and number of traffic calming projects that will be undertaken.
The neighborhood Speed Watch Program will be managed by the Police Department
and utilize their VIP volunteers. They will be responsible for conducting field site
reviews and data collection to be used by the PD for targeted traffic enf orcement needs
(stop sign violations, speeding vehicles, etc.). No additional cost is anticipated to the
City to administer a neighborhood Speed Watch Program using volunteers, other than
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logistics and supplies.
CONCLUSION
Currently the City of Gilroy does not have a policy in place regarding a citywide traffic
calming approach and measures. Given the increasing volume of traffic and the need to
balance traffic capacity with vehicular safety, it is important to adopt a citywide
Neighborhood Traffic Management Program (NTMP). The Department of Public Works
has prepared a draft NTMP document based on input from City Council, and the Fire
and Police departments. Staff requests that the City Council review the draft
Neighborhood Traffic Management Program and provide comments to staff.
NEXT STEPS
Staff will modify the draft NTMP based on City Council comments and bring the final
document back to Council for adoption.
Attachments:
1. Gilroy NTMP -Ver 9.0 GH-NT-GA 05-16-18 (combined)
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Neighborhood Traffic Management Program
Prepared by Hexagon Transportation Consultants Inc., with input from:
Gilroy City Council
Gilroy Public Works
Gilroy Police Department
Gilroy Fire Department
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Acknowledgment
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Table of Contents
1. INTRODUCTION ...........................................................................................................................5
1.1. DEFINING THE PROBLEM ...........................................................................................................5
1.2. TRAFFIC CALMING PROGRAM DEVELOPMENT............................................................................6
1.3. PURPOSES OF THIS DOCUMENT .................................................................................................6
1.4. NEIGHBORHOOD TRAFFIC MANAGEMENT .................................................................................6
1.5. GOALS OF THE NTMP ................................................................................................................7
1.6. BALANCING THE E’S: EDUCATION, ENFORCEMENT AND ENGINEERING ........................................7
1.7. TRAFFIC CALMING IN GILROY ....................................................................................................8
1.8. LIVING DOCUMENT ...................................................................................................................9
2. TRAFFIC CALMING ..................................................................................................................... 10
2.1. DEFINITION OF A “TRAFFIC CALMING STUDY AREA” ................................................................. 11
2.2. STREETS NOT ELIGIBLE FOR PHASE 2 TRAFFIC CALMING ............................................................ 11
2.3. TRAFFIC CALMING CRITERIA ................................................................................................ 1413
2.4. PROGRAM THRESHOLDS ..................................................................................................... 1918
2.5. MEASUREMENT CRITERIA ................................................................................................... 2019
2.6. CEQA REVIEW OF TRAFFIC CALMING PLAN ........................................................................... 2019
2.7. POLICE AND FIRE DEPARTMENT REVIEW OF TRAFFIC CALMING PLAN .................................... 2019
3. TRAFFIC CALMING PROCEDURES ............................................................................................ 2120
3.1. PROCESS INITIATION ........................................................................................................... 2120
3.2. PRIORITIZING TRAFFIC CALMING REQUESTS ........................................................................ 2221
3.3. NEIGHBORHOOD SUPPORT PROCESS ................................................................................... 2422
3.4. PHASE 2 PROGRAM DEVELOPMENT ..................................................................................... 2422
3.5. SCHEDULE .......................................................................................................................... 2725
3.6. TRAFFIC CALMING BUDGET ................................................................................................. 2725
3.7. DEVICE REMOVAL ............................................................................................................... 2725
TABLES AND FIGURES ................................................................................................................... 2826
APPENDIX A: TRAFFIC CALMING TOOL BOX ................................................................................... 4338
APPENDIX B: NEIGHBORHOOD TRAFFIC MANAGEMENT PROGRAM PUBLIC OUTREACH BROCHURE6050
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Table 1: Summary of Typical Traffic Calming Measures ........................................................ 2927
Figure 1: Gilroy General Plan Functional Street Classification ........................................... 312928
Figure 2: Gilroy Truck Routes .............................................................................................. 323029
Figure 3: Gilroy VTA Route Map ........................................................................................ 333130
Figure 4: Portland Impact Threshold Curve ......................................................................... 353231
Figure 5: Traffic Circle and Roundabout Criteria ................................................................. 363332
Figure 6: Traffic Calming Procedure .................................................................................... 373433
Figure 7: Traffic Calming Procedure Timeline .................................................................... 383534
Figure 8: Traffic Calming Request Form.............................................................................. 413635
Figure 9: Neighborhood Petition Form (Prepared by Staff) ................................................. 423736
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1. INTRODUCTION
1.1. DEFINING THE PROBLEM
It is the City of Gilroy’s policy to make residential streets as quiet and safe as possible. The
measures identified in this document are intended to slow down traffic and discourage through
traffic on residential streets, while keeping our neighborhoods accessible to police, fire,
ambulance services, and the residents of Gilroy.
One of the most persistent and emotional concerns raised by residents of Gilroy is speeding on
residential streets. Over past years, many requests have been received regarding excessive traffic
speeds and/or volumes. In many respects, the physical makeup of the street determines traffic
speeds. Wide streets encourage vehicles to speed where narrow streets tend to force drivers to
drive more cautiously at lower speed. Long stretches of streets encourage higher speeds.
Everyone would like to live on a quiet street where there is little traffic and all motorists drive
slowly. Nevertheless, the fact is we all must share our streets with our neighbors and other
people. Just as we need to drive by other people’s houses on other streets on our way to work,
school or shopping, other people need to use our street to get to work, school or shopping.
This document presents a programmatic approach to addressing these issues and is ultimately
aimed at making residential streets more livable by providing opportunities for neighborhoods to
participate in identifying and implementing solutions to their traffic concerns. The document also
provides for engineering solutions, in the form of traffic calming, as a supplement to the overall
neighborhood traffic mitigation efforts.
No single solution exists for the problem of speeding vehicles on all residential streets.
Therefore, many different traffic calming techniques have been developed. These techniques
range from the non-physical, such as radar display boards and selective police enforcement, to
physical techniques such as street chokers and neighborhood traffic circles. A discussion of the
major techniques is found within this document.
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A major component of traffic calming is a comprehensive citizen education/participation
campaign. A citizen education/participation campaign encourages the neighborhood to help
identify, and then take responsibility for the solution. Experience has shown that, except for rare
cases of cut through traffic, a majority of the speeding violations in a residential area are from
residents who live in the neighborhood itself.
Traffic calming techniques work best when incorporated into a "traffic calming" or
"neighborhood traffic management program." Successful programs include the planning process,
overall community participation and local authority support. Because residents are the main
initiators of traffic calming requests, they need to be part of the process as much as possible. By
developing a program early on that addresses neighborhood traffic calming concerns on an area
wide basis, it encourages citizens to become actively involved in the improvement process. This
way, the City and the neighborhood can work together to create more livable neighborhoods.
1.2. TRAFFIC CALMING PROGRAM DEVELOPMENT
The City's Traffic Calming document was developed with input from various city departments.
These include: Police, Fire, and Public Works departments. Research into existing traffic
calming practices implemented by neighboring cities was first presented to the City Council on
May 15, 2017. Based on input from the public and the City Council, a traffic management plan
framework was drafted and presented to the City Council on November 6, 2017. This document
encompasses input from the public and the City Council on the plan framework. This document
represents the City’s attempt to produce a fair policy for all of Gilroy’s residents and apply these
policies and procedures in a consistent manner. This document/policy will be a “living
document” that continues to grow and change over time based on prevailing traffic conditions
and emerging technology and /or devices to best serve the residents of our City. It will be
updated as needed.
1.3. PURPOSES OF THIS DOCUMENT
The purposes of this document are to:
1. Provide educational opportunities for the public regarding neighborhood traffic
management issues and mitigation methods,
2. Develop criteria for the application of traffic calming devices,
3. Define a uniform process for handling neighborhood traffic concerns.
1.4. NEIGHBORHOOD TRAFFIC MANAGEMENT
The City of Gilroy’s Neighborhood Traffic Management Program (NTMP) encompasses an
overall approach to neighborhood traffic management through a balanced use of the three E’s –
Education, Enforcement and Engineering. A neighborhood traffic management approach will
allow Public Works staff to place greater emphasis on the education and awareness aspect of
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traffic management while investigating alternative solutions to a neighborhood’s traffic
problems.
1.5. GOALS OF THE NTMP
Neighborhood Livability: The primary goal of the NTMP is to improve neighborhood livability
through a comprehensive process that provides neighbors with the resources to reduce speeding,
reduce traffic volumes, and address other traffic related issues that concern them. The NTMP
focuses on residential streets with the goal of allowing children and families to feel more secure
in their own neighborhoods.
Citizen Participation and Education: This goal strives to provide an educational forum where
residents can be actively involved in evaluating the advantages and disadvantages of traffic
management efforts. Through the NTMP process, residents can obtain an understanding of traffic
calming and traffic safety techniques available in the program.
Implementation of the Goals and Policies of the General Plan: The NTMP also serves to
implement some of the goals and policies of the City’s current General Plan:
GOAL 12.a: A functional and balanced transportation system that provides access for
all, is compatible with existing and proposed land uses, and minimizes emissions of air
pollutants.
POLICIES:
12.02: System Function and Neighborhood Protection. Ensure that the existing and
proposed highways, streets, bikeways and pedestrian paths serve the functions they are intended
to serve, while protecting the character of residential neighborhoods.
12.03: Residential Street System Design. Design street systems in residential areas to
encourage direct connections between neighborhoods; to encourage internal movement by
bicycling and walking; and to provide safer and quieter neighborhoods.
1.6. BALANCING THE E’S: EDUCATION, ENFORCEMENT AND
ENGINEERING
Education, enforcement and engineering – the “3 E’s” – are commonly accepted elements
needed for the successful implementation of a neighborhood traffic management program. The
experience of other similar programs has shown that use of only one of these E’s, without the
other two, often generates a less than satisfactory result. This NTMP process takes an approach
which incorporates all three elements.
Education: Residents will be able to work with City staff through a variety of outlets to
make informed decisions about neighborhood traffic concerns and ways to positively
influence driver behavior. Educational aspects of the NTMP may include a neighborhood
educational forum or other outreach opportunities.
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An education approach will allow City staff to work with specific groups to target specific
concerns in a way that is currently not considered under the current traffic calming program.
This approach may be able to specifically address a concern without embarking on a costly
and time consuming process.
Enforcement: Some strategies can be put into effect through targeted police enforcement to
increase community awareness of speeding problems. The police department is committed to
utilizing its available resources to respond to areas experiencing traffic problems as identified
by resident concerns and conditions observed by enforcement officers.
Engineering: As the engineering component of a Neighborhood Traffic Management
Program, traffic calming strategies, involving physical features, can be developed using a
combination of sound engineering principles and community input.
It is important for neighborhoods participating in the NTMP to recognize that traffic concerns
stem from a variety of sources and that the most appropriate solution may not be an engineering
one. Elements of the other “E’s” such as education and enforcement are equally valuable and are
viable traffic calming measures that can be implemented in a neighborhood.
1.7. TRAFFIC CALMING IN GILROY
WHAT IS TRAFFIC CALMING?
Traffic calming began in Europe around 1970 and has grown from a non-traditional approach to
a widely adopted method of reducing traffic problems on residential streets. The term “traffic
calming” is defined differently throughout the United States. The Institute of Transportation
Engineers, an international educational and scientific association of transportation professionals,
defines traffic calming as follows:
“Traffic calming is the combination of mainly physical measures that reduce the negative
effects of motor vehicle use, alter driver behavior, and improve conditions for non-
motorized street users (bicyclists, pedestrians, etc…).”
The purpose of traffic calming is to alter a driver’s behavior, either by forcing a vehicle to slow
or to use an alternative route, through the use of engineering solutions and the installation of
physical devices.
WHAT ARE TRAFFIC CALMING MEASURES?
Neighborhood traffic calming measures attempt to address potential speeding and/or cut-through
traffic issues and preserve neighborhood character and livability. Each device has its own
characteristic effects on traffic flow. The primary effects produced by these controls fall into the
broad categories of speed reduction, traffic volume reduction, increased driver awareness, and
increased safety.
The success of traffic calming measures depends on their use in locations and situations for
which they are most effective. When appropriately implemented, they tend to be effective and
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self-enforcing. When implemented inappropriately, they tend to be excessively violated unless
aggressive enforcement efforts are made. The City’s enforcement resources are always in high
demand, and it cannot be assumed that there will be resources available to provide aggressive
enforcement of new traffic controls.
1.8. LIVING DOCUMENT
The contents of this document include tools for use by citizens, Public Works staff, and other
interested parties to help develop effective traffic mitigation plans that adequately accommodate
motor vehicles, pedestrians, and bicyclists, while enhancing the neighborhood environment.
To be sure, the most current industry-wide information and tools are available to the program
users, this document shall be considered a “living document”. It may be updated from time to
time as new neighborhood traffic management and traffic calming techniques are developed and
tested, and the City and neighborhoods continue to gain more experience with the program.
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2. TRAFFIC CALMING
The City receives many requests, complaints, and suggestions from residents regarding
neighborhood traffic issues. City staff typically addresses these concerns by improving lane
markings, clarifying or adding signs, increasing police enforcement, etc. Often, these solutions
can successfully abate the neighborhood’s concern. In some cases, however, the traffic problems
experienced in a neighborhood are more chronic (excessive speeding or short-cutting) and may
require more permanent, engineered solutions. Generally, it is the City’s philosophy that traffic
calming measures be applied to keep non-neighborhood traffic off neighborhood streets.
However, this traffic must be accommodated somewhere. In most cases, this means more traffic
would be diverted to arterials and collectors because these are the streets designed to carry non -
neighborhood traffic. Ultimately, the City must balance neighborhood traffic concerns (speeds
and volume of traffic) with overall mobility (travel times and level of service).
All streets are eligible for some type of traffic calming measures. However, some measures are
more appropriate on certain types of streets than on others. For instance, imagine residents on
10th Street requesting speed cushions to reduce traffic speeds in front of their residences. This
measure would severely limit the capacity of the roadway, create significant traffic congestion,
cause traffic diversions onto adjacent residential streets and increase the travel times for
thousands of commuters every day. This example may appear extreme, but it is useful in
demonstrating that some traffic calming measures are not appropriate for some streets. For this
reason, an important distinction must be made between streets eligible for certain devices and
those not eligible.
To this end, the City of Gilroy has established two categories of traffic calming measures:
Phase 1 measures can be implemented on any public City street. This category consists of easy
to implement, low cost, and often less controversial tools such as: neighborhood traffic safety
campaigns, radar speed display units, targeted police enforcement, most sign installations
(excluding stop signs and turn-prohibition signs), and pavement striping changes. Because these
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measures are less involved, they can be implemented at the discretion of City staff, and do not
require neighborhood consensus building.
Phase 2 measures alter the configuration of streets, impede traffic flow, change travel patterns
and can be very controversial. These measures are also considerably more expensive than Phase
1 measures. Because Phase 2 measures are designed to alter travel patterns and/or impede traffic
flow, they require significant engineering study and community acceptance prior to installation.
For this reason, they are not appropriate for all city streets. The streets eligible for Phase 2
measures are described in the following section. Phase 2 measures require the approval of the
City Council. Typical Phase 1 and Phase 2 measures are summarized on Table 1 and described in
detail in Appendix A. It is important to note that even through police enforcement is listed as a
Phase 1 measure, public safety officers are an integral part of any traffic calming program and
will be consulted regularly during a Phase 2 traffic calming study.
2.1. DEFINITION OF A “TRAFFIC CALMING STUDY AREA”
When conducting a Phase 2 traffic calming study, it is necessary to define the area that would be
affected/impacted by the installation of a Phase 2 device. There are many ways residents can be
affected by a device - they could drive on that street daily, the device may be located on their
street, or the device may divert traffic to their street. All residents that live on a neigh borhood
street within the affected area that could potentially be impacted by the installation of Phase 2
devices must be notified and participate in any Phase 2 traffic calming study. This is what is
known as a “Traffic Calming Study Area.” These geograph ic areas are important because they
become the limits of the notification area both when a study is being proposed (the petition
process) and when a study is underway (the notification and survey processes). Traffic calming
study areas will be defined by the Public Works Director prior to beginning the petition process.
Typically, a traffic calming study area is defined using arterial and/or collector streets as
boundaries. Sometimes, however, neighborhoods do not have appropriate arterial or collector
border streets that can be identified. This results in larger traffic calming neighborhoods than is
necessary. Therefore, Public Works staff will use engineering judgment to size the traffic
calming neighborhood appropriately for the neighborhood area being considered given the
neighborhood street layout and geometrics. In essence, traffic calming study areas are confined
only to neighborhood streets that would be affected by the installation of Phase 2 measures.
2.2. STREETS NOT ELIGIBLE FOR PHASE 2 TRAFFIC CALMING
The City of Gilroy exempts three categories of public streets from Phase 2 traffic calming:
Streets designated as “Arterials” in the City of Gilroy General Plan,
Streets used as bus routes, and
Streets used as truck routes.
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GENERAL PLAN ARTERIALS
These roadways provide a high degree of mobility while allowing direct access to abutting
properties. In an urban setting, these roadways serve major activity centers and have the highest
volume and longest trip demand within a city. They interconnect other major corridors to
accommodate trips entering and leaving the city. These roads also serve demand for “intra-area”
travel between the business district and outlying residential areas. An example of an arterial in
Gilroy is Monterey Street.
In addition, Arterials primarily serve intra-urban or local travel, carrying traffic from Collector
streets to and from other parts of the City and to limited access roadways. Access to properties
bordering these streets is subordinate to the primary function of moving traffic. The typical
design speed on an arterial is 45 miles per hour and it has two or four lanes. Parking is generally
not provided on arterials.
Phase 2 traffic calming measures are intended for use on neighborhood streets that are not
designated in the City of Gilroy General Plan as Arterials for circulation purposes (see Figure 1).
The function of a neighborhood street is fundamentally different from that of an arterial, where
the main priority is the efficient movement of through traffic during peak hours. On
neighborhood streets, efficiency is much less of a concern because of the limited traffic demand.
Instead, the primary concern is livability. Permitting Phase 2 traffic calming devices on arterial
streets would undermine the effectiveness of the proposed traffic calming policies and
procedures. The purpose of the Phase 2 measures is to change driving behavior within residential
areas and to discourage the use of local streets by through traffic. For a residential traffic calming
program to be successful, it is essential that arterial streets be defined, designed and maintained
for through traffic. Sufficient capacity and appropriate operating conditions must be maintained
on these more heavily traveled streets so that traffic is not forced onto local streets and into
residential areas. Thus, it can be stated that the purpose of Phase 2 traffic calming, which is often
to reduce traffic volumes and/or speeds, is inconsistent with the primary function of arterial
streets.
GENERAL PLAN COLLECTORS
The primary function of Collector streets is a combination of access and mobility. These streets
provide links between Local streets and Arterials. They are designed to serve neighborhood
traffic rather than cross-town traffic, though they may include trips between adjacent
neighborhoods. The design speed for collectors is typically 35 miles per hour. On-street parking
is usually provided. An example of a collector in Gilroy is Church Street.
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Collector streets are designated to serve as the intermediate routes connecting local streets to
arterial streets. Traffic calming devices designed to address volume concerns are thus
inappropriate for collector streets as they would create unwanted traffic diversions onto nearby
local streets. Traffic calming devices designed to address speed concerns may be considered on
collector streets provided they meet specific criteria. Device installation on collector streets
should not cause diversion to adjacent parallel streets. If there is a potential for this, streets
parallel to the collector street must also be addressed with implementation of the neighborhood
traffic calming plan.
GENERAL PLAN LOCALS
Unlike others categories, local roads are not intended for use in long distance travel except at the
origin or destination end of a trip. These roads are typically classified by default after arterial and
collector streets have been identified. Local roads provide the highest level of accessibility and
carry no through traffic movement. The primary function of local streets is access to adjacent
land uses. Parking is usually provided along local streets and speed limits are typically 25 miles
per hour. Local streets will be the primary target for traffic calming devices to mitigate both
speeding issues and cut-through traffic issues. Both physical and non-physical devices are
allowed on these streets.
The City’s functional roadway classifications are identified in the General Plan Circulation
Element. The roadway classification definations are subject to the most current General Plan
document.
TRUCK ROUTES
The City of Gilroy does not have designated truck routes within the current General Plan.
However, there are streets within the City of Gilroy that are frequented by trucks. Future General
Plan updates may include designated truck routes. These streets have design features to
accommodate the special demands of truck traffic. For this reason, these streets are often wider
than their counterparts and are constructed with higher load bearing pavement sections. Any
attempt to divert truck traffic away from these streets would result in an increased number of
trucks on local streets. This could cause pavement d amage, unsafe conditions for motor vehicles,
and complaints from the surrounding residences and businesses. Truck routes are mostly
comprised of arterial and collector streets and are listed below:
US 101
SR 152 (First Street)
Monterey Road – north of First Street, south of Tenth Street
Leavesley Road – Monterey Street to US 101
Railroad Street – Old Gilroy Street to Lewis Street
Old Gilroy Street – Railroad Street to Alexander Street
Alexander Street – Old Gilroy Street to Tenth Street
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Chestnut Street – Luchessa Avenue to Tenth Street
Luchessa Avenue – Monterey Road to Mayock Road
These current truck routes, or future General Plan-designated truck routes, are unsuitable for
Phase 2 traffic calming devices (see Figure 2).
BUS ROUTES
Streets used by the VTA bus system are not eligible for most Phase 2 traffic calming devices.
Specifically, those devices that would cause a vertical displacement of the bus (speed cushions
and raised surfaces), or devices that would impede the ability of a bus to maneuver (barriers,
closures, diverters, and circles) would not be permitted on a designated bus route. Since Phase 2
measures impede traffic flow, they would either divert or significantly slow buses, thereby
lengthening travel times for bus passengers. Over the long-term, it is counter-productive to create
inefficiencies in the local transit system (which encourages the use of single occupant vehicles)
while simultaneously attempting to remove automobile traffic from neighborhoods. In addition
to increased travel times, traffic calming measures such as speed cushions can result in increased
bus maintenance costs and cause significant discomfort for passengers. For these reasons, it is
important to promote transit ridership by maintaining unobstructed routes and promoting transit
efficiency. VTA bus routes in Gilroy are shown graphically in Figure 3. In most cases, these
routes are located on arterial and collector streets.
2.3. TRAFFIC CALMING CRITERIA
CRITERIA FOR PHASE 1 MEASURES
All streets qualify for Phase 1 traffic calming measures. In order to ensure that expensive Phase 2
measures are installed only where necessary, it is City of Gilroy’s policy to exhaust all applicable
Phase 1 traffic calming measures before applying Phase 2 measures. Because Phase 1 measures
are non-controversial and relatively inexpensive, they can be implemented at the discretion of the
Public Works Director and do not require public outreach. This allows City staff to respond
quickly to neighborhoods where chronic traffic problems exist. Phase I measures can easily be
implemented within a neighborhood so long as they are used in moderation, meet the threshold
for some Phase I devices, and do not significantly impact maintenance costs to the City.
CRITERIA FOR PHASE 2 MEASURES
Phase 2 measures may result in significant consequences beyond the street in question. For this
reason, the City of Gilroy has developed special minimum criteria for the installation of Phase 2
measures. Changes in these criteria are subject to approval from the City Council. These are
described in the next section.
The City of Gilroy does not recognize stop sign installations as a traffic calming measure. Stop
signs should be installed per standards and specifications outlined in the California Manual of
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Uniform Traffic Control Devices (CA MUTCD), which provides uniform standards and
specifications for all official traffic control devices in California. Per CA MUTCD, stop signs
should not be used for speed control. The City has a standard procedure for responding to stop
sign requests that is outside the purview of the NTMP.
GENERAL CRITERIA FOR ALL PHASE 2 MEASURES
ALL of following general criteria must be met to consider the installation of any Phase 2 traffic
calming measure:
The street must be residential in nature, and be classified as a local street or collecto r
street. (Note: Phase 2 measures to address speeding concerns are permitted on collector
streets. Phase 2 measures to address cut-through traffic are not permitted on collector
streets.)
The street must not be a bus route, used by a VTA bus route, or identified as an arterial in
the City of Gilroy General Plan.
An appropriate street location for the device(s) shall be available. Appropriate distance
from driveways, manholes, drain inlets, water valves, street monuments, fire hydrants,
and other appurtenances shall be considered. Devices shall be installed only where a
minimum safe stopping sight distance can be provided. Specific guidelines for speed
cushions and round-a-bouts are described later in this chapter.
A majority of the impacted residents or businesses must support the installation, with
higher response rates and support rates on the streets where the traffic calming devices
are proposed. This is measured from those who respond to a neighborhood survey. The
City will make a good faith effort to survey all impacted residents and property owners
within the traffic calming study area of the proposed Phase 2 traffic calming plan. The
boundaries of the affected areas as well as the identification of the impacted residents for
the survey will be determined by the Public Works Director.
Installation must not result in traffic diversions to other neighborhood streets greater than
what is allowed on the Portland Impact Threshold Curve (see Figure 4). The Portland
impact curve is designed to ensure that any traffic diversion from one neighborhood
street to another would be “non-noticeable,” with a couple caveats. It states that streets
with almost no daily traffic (100 or less daily trips) could see considerable percentage
increases and still have a livable neighborhood and streets that are already heavily
impacted by traffic (3,000 trips or more) should not have to deal with even more traffic.
Though a traffic calming neighborhood is addressed as a whole, engineering judgment
must be used when identifying when to use physical traffic calming devices. Thus, unless
determined otherwise, only those streets within the neighborhood that meet the Phase 2
thresholds may be considered for physical traffic calming devices. Other streets within
the neighborhood may be treated with Phase 1, non-physical, devices.
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These criteria are designed to ensure that those most affected by traffic calming measures are
supportive and that suitable locations for the devices exist. Please note that these are minimum
criteria. Satisfying the criteria does not necessarily mean that a device will be installed.
PHASE 2 – SPEED CONTROL CRITERIA
Traffic calming measures designed to reduce speeds include: speed cushions, round-a-
bouts/traffic circles, chokers, raised intersections, etc. In addition to the General Ccriteria stated
for all Phase 2 measures, the following criterion must be met to consider the installation of Phase
2 measures intended to slow traffic speeds:
The 85th percentile speed on a residential or collector streets must be greater than 7 miles
per hour over the posted speed limit, or 70% of the measured traffic must exceed the
posted speed limit.
85th Percentile Speed – The 85th percentile speed is defined as, “the speed at or below which 85
percent of all vehicles are observed to travel under free-flowing conditions past a monitored
point.” Traffic Engineers use the 85th percentile speed as a standard to set the speed limit at a
safe speed, minimizing crashes and promoting uniform traffic flow along a corridor. It is
common for vehicles to exceed the posted speed limits on residential streets. Nationwide studies
have shown that the average 85th percentile speed on a residential street is 32 miles per hour, or
7 mph over the most commonly used posted speed limit of 25 mph.
70% Criteria – A recent study has shown that there is a direct correlation between the measured
85th percentile speed and the number of vehicles that are known to be exceeding the speed limit.
The results of the study indicate that roadways with the 85th percentile speed measured at 32
miles per hour roughly experience 70% of the measured vehicles exceeding the posted speed
limit of the roadway.
Therefore, a street would qualify for speed related traffic calming improvements if the measured
speed for any stretch of the street meets or exceeds either the “speed limit + 7 mph” threshold, or
the 70% threshold. Satisfying the criteria does not necessarily mean that a device will be
installed.
The City of Gilroy allows traffic calming measures designed to reduce speeds to be placed on
both local streets and collector streets. For collector streets, a six-month pilot period is required
prior to permanent placement of physical devices. City of Gilroy Public Works staff will conduct
a before-and-after study to determine whether the pilot device on the collector street is effective
in reducing the travel speed below the threshold. Permanent devices will be installed on collector
streets only if the pilot period proves that the device is effective. For this situation, effectiveness
occurs when the device reduces the 85th percentile speed below the “speed limit + 7 mph”
threshold, or 70% of vehicles no longer exceed the posted speed limit.
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PHASE 2 – TRAFFIC DIVERSION CRITERIA
Traffic calming measures designed to create diversions include: turn restrictions, diverters,
median islands, etc. In addition to the General Ccriteria stated for Phase 2 measures, the
following criteria must be met to consider the installation of Phase 2 measures intended to divert
roadway traffic:
The street must be classified as a “Local” street by the City of Gilroy General Plan.
The Average Daily Traffic (ADT) volume on the street must exceed 1,000 trips per day.
At least 25% of the daily traffic on a residential street must be “cut -through.”
Cut-through traffic is defined as traffic with neither an origin nor a destination within the
neighborhood that the street is designated to serve. The neighborhood area varies based on the
designation of the street. The neighborhood area used to identify cut-through traffic will be
determined by Public Works staff.
The 1,000 trips per day ADT threshold and the 25% “cut-through” threshold are based on
research of other cities in the Bay Area with similar traffic calming policies. These are minimum
criteria for screening eligible streets. Satisfying the criteria does not necessarily mean that a
device will be installed.
If a street has less than 1,000 daily trips, regardless of the origins and destinations of its traffic,
the City of Gilroy deems it is carrying a reasonable amount of traffic and does not qualify for
Phase 2 measures. The 25% “cut-through” criterion is designed to separate residential streets
that, by their design, will carry more than 1,000 daily trips. In these cases, it is important to
determine the percentage of traffic generated from within the neighborhood versus that which
“cuts-through” the neighborhood.
PHASE 2 – HIGH COLLISION RATE CRITERIA
Streets that experience high speeds also have a tendency to exhibit a high rate of vehicle
collisions. For this reason, collisions will be used to justify the installation of Phase 2 traffic
calming devices when either speed or volume thresholds are not met. For the collision criteria to
be met, the street segment in question must exhibit more than five (5) reported or documented
collisions within the past three years. These collisions must be considered preventable with the
implementation of Phase 2 traffic calming devices. The accident rate along the street segment,
over the past three years, and how it compares with regional standards for similar types of
roadways, will also be considered.
ADDITIONAL PHASE 2 CRITERIA
A number of traffic calming improvements are identified in this document as Phase 2 devices.
They include physical improvements, both horizontal and vertical in nature, that either divert
traffic or cause vehicles to slow. It should be noted that no traffic calming program will be
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permitted to incorporate any device that affects the ability of the Fire and/or Police Departments
to provide effective and efficient emergency services to the community. All traffic calming plans
will be reviewed by Fire and Police and specific devices approved on a case by case basis
depending on the programs effect on the delivery of emergency services.
Appendix A describes a number of these devices. Of the Phase 2 devices, the most commonly
used are the speed cushion and the traffic circle. These devices require further consideration in
addition to the general speed and diversion criteria. Below is a listing of the additional
considerations that must be met for the safe and successful installation of a speed cushion or
traffic circle.
ADDITIONAL PHASE 2 CONSIDERATIONS – SPEED CUSHIONS
In addition to the General and Speed Control criteria, the following guidelines should be
considered for the installation of speed cushions along with engineering judgment:
The street should have adequate existing curb and gutter on each side to prevent ponding
of water in the area of the speed cushion.
The affected street segment should be of an adequate length for a speed cushion to be
effectively installed. Typically, a minimum length of 300 - 500 feet is desirable.
Speed cushions shall not be installed on streets with posted speed limits greater than
thirty (30) miles per hour.
The first speed cushion in a series should be located in a position where it cannot be
approached at high speed in either direction. To achieve this, the first hump ideally
should be located approximately 200 feet from an intersection stop sign.
Where possible, speed cushions should not be placed on curves, but on tangent stretches
of roadway. However, in areas where placement on curves is unavoidable, proper
horizontal and vertical sight distance should be provided.
Speed cushions should be located at or near residential property lines and away from
driveways, when possible.
Speed cushions should be located near street lights to illuminate them for safe bike and
pedestrian activity at night.
Speed cushions should be accompanied by the appropriate advanced signage and street
markings.
Spacing between speed cushions should be as even as possible to produce uniform speed
along an entire street. Speed cushions in a series should be placed between 200 and 600
feet apart, which may vary depending on the length of the street segment where the
devices are placed. Typically, speed cushions are placed farther apart on longer segments
than shorter segments. Spacing should allow at least one speed cushion on each block.
The existence of Class II or Class III bicycle facilities should be taken into consideration
when placing speed cushions in a neighborhood.
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As a practical matter, these guidelines cannot always be met. For this reason, these guidelines are
subject to review by the Public Works Director, who may modify these criteria in a particular
situation to achieve the desired result – the safe and effective application of the speed cushion(s).
ADDITIONAL PHASE 2 CONSIDERATIONS - TRAFFIC CIRCLES AND
ROUNDABOUTS
In addition to the General and Speed Control criteria, the following guidelines should be
considered for the installation of roundabouts and traffic circles along with engineering judgment
(see also Figure 5):
The intersection should be a minimum of 55 feet diagonally across (both directions,
measured from the curb face).
Crosswalks should be located a minimum of 12-feet from the interior circle (measured
from the curb face of the circle to the white stripe of the crosswalk).
The circle should allow for a minimum 22-foot wide travel lane for circulating traffic
(measured from the curb face of the interior circle to the curb return).
The interior diameter of the circle should be a minimum of 10 feet (measured curb face to
curb face).
Traffic circles should not be used in conjunction with stop signs at a given location.
The intersection should meet minimum approach volume criteria as p rescribed by
established traffic engineering publications.
The circle should be installed with vertical curb when fire department, or large vehicle,
circulation is not affected. For other locations mountable, or rolled, curbs are preferred.
The circle should allow for proper sight distance across the intersection.
Existing utilities and access to maintenance facilities, such as manholes, should be
accommodated when determining what material is to be used within the traffic circle or
roundabout.
As a practical matter, these guidelines cannot always be met. For this reason, these guidelines are
subject to review by the Public Works Director, who may modify these criteria in a particular
situation to achieve the desired result – the safe and effective application of traffic circles and
roundabouts.
2.4. PROGRAM THRESHOLDS
Since distinct traffic calming devices are available to address either speed or volume issues
within a neighborhood, staff has the flexibility to use discretion on the exact threshold limits.
Either threshold, either speed or diversion, may be used when developing a traffic calming
program to better pinpoint the concerns of a neighborhood and directly concentrate on a solution
to address the concern. Thus, a neighborhood that has speeding concerns, and which meets the
speed threshold, may develop a program that only includes speed control devices.
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2.5. MEASUREMENT CRITERIA
Typically, mid-week traffic counts, when any nearby school is in session, will provide results
that show the highest values for speed and volume on a neighborhood street. Thus, to determine
the worst case for traffic on a neighborhood street, traffic counts will be collected for a three-day,
mid-week period when an adjacent school (if any) is in session.
2.6. CEQA REVIEW OF TRAFFIC CALMING PLAN
Depending on which Phase 2 traffic calming devices are used in a traffic calming plan, diversion
may occur on adjacent streets, or in adjacent neighborhoods. For programs where extensive
diversion is expected, an environmental and traffic mitigation study may be conducted in
accordance with the California Environmental Quality Act (CEQA). The City Council must
approve the environmental review document prior to the review and approval of the traffic
calming plan.
2.7. POLICE AND FIRE DEPARTMENT REVIEW OF TRAFFIC
CALMING PLAN
The City of Gilroy Fire Department and Police Department are supportive of the neighborhood
traffic management and traffic calming plan. However, it is also imperative that the timely
delivery of and accessibility of emergency services are maintained. All proposed Phase 2 traffic
calming device installations will be reviewed by the Fire Department and Police Department to
ensure they are acceptable.
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3. TRAFFIC CALMING PROCEDURES
One of the primary interests in developing a neighborhood traffic calming policy is to provide a
clear structure for addressing the concerns of the city’s neighborhoods while spending an
appropriate amount of staff time to address neighborhood traffic concerns. Traffic concerns may
exist throughout an entire neighborhood or may be specific to a particular street, roadway
segment, or spot location. The process developed by the City of Gilroy allows for the timely
implementation of non-controversial Phase 1 traffic calming measures and a comprehensive
public outreach effort for requests of a more controversial nature. The overall traffic calming
process is outlined on Figure 6.
3.1. PROCESS INITIATION
The traffic calming process begins with a specific request to the Public Works Department from
a neighborhood resident by letter, phone call, or email. After determining the nature of the
request, City staff will undertake the following procedure:
1. Forward a copy of the city’s Neighborhood Traffic Management Program to the
resident and ask the resident to file a traffic calming request form (see Figure 8). This
will help staff understand the nature of the resident’s concern.
2. After receipt of the completed form, staff will review the street in question, collect
traffic counts, analyze reported collisions over the past three years, and conduct an
analysis of the current traffic conditions using traffic engineering industry-standard
best practices.
3. If the traffic analysis indicates that no traffic calming thresholds were met (speed,
volume or collisions), staff may recommend the installation of Phase 1 traffic calming
improvements to address the resident’s concerns. The requesting party will be
notified of the results of the traffic analysis and the installation of any recommended
improvements. The resident must wait a minimum of one year to again request traffic
calming improvements.
4. If the traffic analysis indicates that one or more traffic calming thresholds are met,
staff will identify and install appropriate Phase 1 devices in the area of concern. The
requesting party will be notified of the results of the traffic analysis and the
recommended improvements to be installed.
5. Following a period of time for traffic to normalize given the installation of the Phase
1 improvements (usually 1 to 3 months), staff will conduct a follow-up traffic
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analysis to determine if the traffic calming thresholds are still being met. If the
resident’s concerns are abated through the use of Phase 1 traffic calming measures
during this trial phase, no further action is then necessary. If this is done, the resident
must wait a minimum of one year to again request traffic calming improvements.
6. If one or more traffic calming thresholds are met, City staff will rank the
neighborhood based on a priority ranking system and place the neighborhood into a
priority list with other ranked neighborhoods.
7. Once the neighborhood is at the top of the priority list, the traffic calming
neighborhood support process is commenced as described below.
8. If the petition process is successful, City staff conducts additional traffic analysis to
determine if any of the other streets within the defined traffic calming study area meet
the thresholds for Phase 2 traffic calming devices. Only those streets that meet the
thresholds are eligible for the installation of physical Phase 2 traffic calming devices.
Phase 1 improvements may be applied to non-qualifying streets within the study area.
3.2. PRIORITIZING TRAFFIC CALMING REQUESTS
Due to funding and limited traffic staff resourcesstaffing concerns, all neighborhoods that meet
Phase 2 traffic calming thresholds will be placed into a priority list based on a priority ranking
system. This is a common approach used by many other cities in the Bay Area to efficiently
utilize city resources to prioritize projects so that neighborhoods with greater problems are
addressed first. The priority ranking system scores a neighborhood using the following metrics:
Criteria Point Value
Traffic Speed
(85th Percentile
Speed)
2 points for each mph difference between the 85th percentile speed and the
posted or prima facie speed limit
7 to 8.99
mph
over the
speed
limit
2
9 to
10.99
mph
over the
speed
limit
4
Above
11 mph
over the
speed
limit
6
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Cut-Through
Traffic (% of
ADT)Volume
25% to
49.99%
50% to
74.99%
1 point for each 500 vehicles over 1,0000 vehicles per day
5 points if 40-65% or more ADT on local street is cut through traffic between
arterials or collectors
2
10 points if cut through is higher than 65%
4
Over
75%
6
Accident Crash
History (# of
accidents in last
3 years)
1 to 2
accident
s
3 to 5
accident
s
Over 6
accident
s
2 point – 1 to 2 accidents
4 points – 3 to 5 accidents1
8 points – Over 6 accidents2
5 points – Each crash involving a pedestrian or a cyclist in past 3 years 4
Pedestrian
Generators
(15 pts. max)
5 points for each school, park, library or community center along roadway
3 points if within 1 block
2 points if within 2 blocks
Proximity to Parks, Schools (Public or Private, K-12)
Within
¼ mile
2
Between
¼ and ½
mile
1
Support 3 points for 80% petition support
2 points for 70% petition support
Unique
Conditions
(15 pts. max)
5 points for designation as a bike facility
5 points for unique roadway geometry that substantially restricts visibility
5 points for high crash rate
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3.3. NEIGHBORHOOD SUPPORT PROCESS
Traffic calming studies require considerable staff resources at taxpayer expense. For this reason,
it is important that a significant portion of the neighborhood supports the undertaking of a study.
The neighborhood support process is reserved for Phase 2 concerns that meet Speed Control,
Traffic Diversion, and/or Collision thresholds. Neighborhood endorsement is demonstrated
through a residential petition. These are described below.
TRAFFIC CALMING NEIGHBORHOOD DETERMINATION AND STUDY AREA
PETITION
The petition process is necessary to determine whether a resident’s concern is widespread. When
conducting a petition, City staff will work with the resident to define the traffic calming study
area, which becomes the designated notification area boundaries for all future contact with the
residents within the study area. Though the limits of the study area are determined through a
collaborative process with staff and the neighborhood, the Public Works Director shall make the
final determination of the traffic calming neighborhood boundary limits should the need arise.
The study area is typically bounded by arterials and collectors, but staff may use engin eering
judgment to limit streets from the neighborhood that are far removed from the problem area or
would not bey impacted by any proposed improvements. Staff will supply the resident with a
highlighted map identifying the limits of the petition area and a neighborhood-specific petition
form (see Figure 9).
It is the resident’s responsibility to collect signatures from as many residents and property
owners in the study area as possible. One signature is collected per property, except in the case
of multi-family residential buildings, where each tenant is allowed one signature per unique
address, in addition to that of the property owner. A petition is deemed successful if more than
60% of the eligible signees within the designated traffic calming study area sign the petition, and
the petition is returned within one month. Additional priority is given for a higher level of
neighborhood support.
3.4. PHASE 2 PROGRAM DEVELOPMENT
OUTREACH AND PUBLIC PARTICIPATION
The City of Gilroy recognizes that resident participation is a critical element of the Phase 2 plan
development. For this reason, staff will conduct an outreach forum inviting the residences and
businesses in the affected area to a neighborhood meeting to introduce traffic calming program
concepts.
At the first outreach forum, staff will introduce the concepts of Neighborhood Traffic
Management, various traffic calming concepts including the functions of various traffic calming
devices, provide an overview of the process with associated timelines, and address any questions.
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Through this meeting, staff will identify the significant traffic calming interests of the
neighborhood.
TRAFFIC CALMING PLAN DEVELOPMENT
Based on the input received during the outreach forum, Public Works staff will develop a draft
neighborhood traffic calming plan to meet community needs and address their concerns. Staff
will use engineering judgment to determine the most efficient devices, and the most effective
placement, to address the neighborhood issues. Every effort will be made to develop the traffic
calming program that addresses the neighborhood’s interests, while considering excessive device
and sign clutter. When placing devices within a neighborhood, staff will make every effort to
limit device impacts on driveways, and visual effects to the adjacent resident.
DEPARTMENT REVIEW OF TRAFFIC CALMING PLAN
The draft plan developed by Public Works staff must be reviewed by the various City
departments that may have an interest in the elements of the program. These departments
include:
Public Works Engineering – Evaluation of the traffic plan elements on the City right-of-
way, evaluation of any landscaping and irrigation contained within plan elements, and
review of the plan costs to determine if within available budget.
Planning Division – CEQA Evaluation (if necessary)
Police Department – Evaluation to determine if the plan elements can be implemented
without any detrimental effect to the delivery of emergency services. Reivew to
determine the level of enforcement needed for the plan elements.
Fire Department – Evaluation to determine if the plan elements can be implemented
without any detrimental effect to the delivery of emergency services.
Public Works Maintenance Division – Evaluation to determine plan’s effect on street
sweeping, access to utilities and/or maintenance facilities (manholes).
Through review of the plan by the various City departments, the following issues may be
considered by City staff and discussed with the program proponents:
Effectiveness of the selected traffic calming devices
Effects on the ability of Police and Fire to successfully provide emergency services to the
area
Noise impacts
Loss of parking
Liability exposure implications
Visual impacts and aesthetic concerns
Increased maintenance costs
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Any comments on the traffic calming plan must be addressed through appropriate modification
to the traffic calming plan. The plan may not proceed forward unless supported by all interested
City departments.
NEIGHBORHOOD MEETING TO INTRODUCE TRAFFIC CALMING PLAN
Once the traffic calming plan has been approved by all interested City departments, a second
neighborhood meeting is scheduled to introduce the plan and answer any questions. Based on the
comments obtained from the meeting regarding the draft traffic calming plan, Public Works staff
may elect to revise the plan accordingly and request a subsequent review from all affected City
departments, or decide to move forward if the comments are not substantive.
SURVEY OF NEIGHBORHOOD FOR PROGRAM SUPPORT
As the final stage in the public outreach process, the affected streets within the traffic calming
neighborhood are polled using a mailed secret ballot to determine support for the Phase 2 traffic
calming plan. Voting on a Phase 2 traffic calming plan shall be as follows:
One vote per single family residence
One vote per multi-family residence
One vote per apartment unit
One vote is allowed for each owner of property within the neighborhood who is a non-resident
(one vote regardless of the number of developed or undeveloped properties owned). The
neighborhood will have two weeks to return their ballots.
CITY COUNCIL REVIEW OF NEIGHBORHOOD TRAFFIC CALMING PLAN
The results of the traffic calming survey are then summarized in a staff report and presented to
the City Council for consideration. Notice of the meeting is provided to the traffic calming
neighborhood area, and the meeting is posted through our social media outlets.
For staff to recommend approval of the neighborhood traffic calming program, the following
survey results must be achieved:
The survey receives at least a 50% response rate
60% of those responding must approve the program
A significant majority of the properties within 100 feet of proposed device locations must
respond and vote to approve the program
Should the results of the traffic calming survey not meet the above criteria, staff will recommend
denial of the traffic calming program to the City Council.
CITY COUNCIL APPROVAL OF PROGRAM FUNDING
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During each budget cycle, approved programs will be placed into the City’s Capital
Improvement Program (CIP), and funding will be sought from the City Council. Staff will
recommend approved programs on a prioritized basis using the priority ranking system. Any
approved program that does not receive Council approval for implementation funding will have
to compete with other approved projects requesting funding during the next budget funding
cycle.
3.5. SCHEDULE
Neighborhood traffic calming studies do not lend themselves to predictable schedules. The
timing of events varies considerably from case to case. Considerations that affect program timing
include:
Level of community interest in the program, and number of requests
Size of area and complexity of plan alternatives,
Time necessary to obtain required petition signatures,
Difficulty in scheduling community meetings,
Scale and complexity of final design and construction contract requirements,
Funding availability,
Weather effects on construction season, and
Competing demands on staff resources.
Although it is conceivable that a relatively simple project could be completed in as little as 12
months from qualifying petition to installation, as a practical matter, a project duration in excess
of 18 months to two years would not be uncommon. Figure 6 shows an example schedule for
traffic calming measure installation.
3.6. TRAFFIC CALMING BUDGET
Funding for all costs related to the NTMP, including but not limited to data collection costs,
potential consultant costs, plan development, and device installation/removal costs will come
from the City of Gilroy General Fund.
3.7. DEVICE REMOVAL
The neighborhood must petition the City to have the devices removed. The ensuing process to
remove the devices would be very similar to the initial traffic calming program development in
terms of public outreach, engineering study, and neighborhood support. Should a neighborhood
successfully manage a request for removal of a traffic calming device through this process, the
device will be removed once funding becomes available.
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TABLES AND FIGURES
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Table 1: Summary of Typical Traffic Calming Measures
Beneficial Effects Undesirable Effects
Method Phase
Reduces
Speed
Reduces
Volume
Increase
Noise
Parking
Loss
Restricts
Access
Impacts
Emergency
Response
Increase
Street
Maintenance Potential Cost *
Community Outreach/Education 1 Possible Possible No No No No No Varies
Police Enforcement of Speed Limits 1 Yes Possible No No No No No Varies
Speed Display Units 1 Yes No No No No No No $ 250 per day
High Visibility Crosswalks 1 Possible No No Possible No No Yes $1,500 - $30,000
Speed Limit Signs 1 Possible No No No No No No $280 -$350
Narrow Lane Striping 1 Possible Possible No No No No Yes $1,500 - $3,000
Bott’s-Dots/Rumble Strips 1 Yes No Yes No No No Yes $2,000 - $4,000
Turn Restriction Signs ** 2 No Yes Possible No Yes No No $280 - $350
Curb Extensions*** 2 Yes Possible No Yes No Yes Possible $15,000 - $30,000
Speed Cushions**** 2 Yes Possible Yes Possible No Yes Yes $7,500
Traffic Circles & Round-a-bouts*** 2 Yes Possible No Yes No Yes Yes $35,000 - $115,000
Median Barriers*** 2 Possible Yes No Possible Yes Yes Possible $7,500 - $45,000
* These costs represent potential device construction and/or installation costs on a typical street. They do not include progra m development or CEQA review.
** Requires significant commitment of Police Department staff resources to enforce on a regular basi s to maintain effectiveness.
*** Cost does not include any long term maintenance of green infrastructure, landscaping or irrigation.
**** Speed cushions shall not be installed on streets with the posted speed limits greater than 30 MPH.
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Figure 1: Gilroy General Plan Functional Street Classification
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Figure 2: Gilroy Truck Routes
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Figure 3: Gilroy VTA Route Map Formatted: Width: 8.5", Height: 11"
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Formatted: Tab stops: 2.31", Left
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FFigure 4: Portland Impact Threshold Curve
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Figure 5: Traffic Circle and Roundabout Criteria
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Initial
Request
(Traffic Calming
Request Form)
Initial Study &
Data Collection
Implementation
of Phase I
Improvement
Follow-Up
Studies and
Performance
Verification
Yes – Problem
Abated
No – Calming
Thresholds are
still met
Neighborhood
Ranked and
Placed on
Priority List
Neighborhood
Petition
Petition Not Met
– No Further
Action
Petition Met –
Traffic Analysis
and Define Study
Area for Phase II
Outreach and
Public
Participation
Traffic Calming
Plan
Development
Department
Review
Neighborhood
Meeting
Neighborhood
Survey for
Program Support
City Council
Review and
Approval
Implementation
Figure 6: Traffic Calming Procedure
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Figure 7: Traffic Calming Procedure Timeline* Formatted: Font: 12 pt, Superscript
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Figure 8: Traffic Calming Request Form
The purpose of this form is to enable neighborhoods to request the possible initiation of
a traffic calming study in accordance with the City of Gilroy’s Neighborhood Traffic
Management program. The form must be filled out in its entirety and submitted to:
The City of Gilroy
Public Works Department
Attn: City Engineer
7351 Rosanna Street
Gilroy, CA 95020
Feel free to attach additional sheets containing pictures, maps, or additional text if the
space provided is insufficient. Petitions will not be considered part of the application
process.
1. Requesting Individual’s Contact Information
Name: ____________________________________________
Address: ____________________________________________
Phone Number: _______________________________________
Email: _______________________________________
2. Please describe the location of the traffic concern (feel free to draw a picture or
attach a map):
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
3. Please describe the nature of the neighborhood traffic problem you are
concerned with (attach additional sheets if necessary):
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
4. Please describe what changes you would like to see on your street and/or what
traffic calming measures would be acceptable to you:
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
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Figure 9: Neighborhood Petition Form (Prepared by Staff)
City of Gilroy
Petition for Neighborhood Traffic Calming Measures
THE UNDERSIGNED BELOW AGREE TO THE FOLLOWING:
1. All persons signing this petition do hereby certify that they reside within the impacted area,
which is hereby defined as the street segments of (also see attached map):
This Section is Prepared by Staff
2. All persons signing this petition request that the City of Gilroy investigate the possibility of
installing physical traffic calming devices on my street in this neighborhood:
This Section is Prepared by Staff
3. All persons signing this petition do hereby agree that the following contact person(s)
represent the neighborhood as facilitator(s) between the neighborhood residents and City of
Gilroy staff in matters pertaining to items 1 and 2 above:
Name:
Address:
Phone:
Name:
Address:
Phone:
ONLY ONE SIGNATURE PER ADDRESS
Name Address Phone # Signature
Name Address Phone # Signature
Name Address Phone # Signature
Name Address Phone # Signature
Name Address Phone # Signature
Name Address Phone # Signature
[Note: Attach additional sheets as necessary]
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Appendix A: Traffic Calming Tool Box
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Community Outreach/Education
Phase 1
Description: Community outreach involves
neighborhood awareness and education
campaigns on traffic and traffic safety issues.
Campaigns can consist of neighborhood
meetings, written correspondence, school
safety workshops, or other programs that help
inform and educate the public.
Studies have generally shown that people
speeding in neighborhoods tend to be local
residents.
Advantages Disadvantages
Provides a forum for residents to discuss
their concerns.
Helps city staff and neighborhood
representatives identify traffic problems in
the community.
Educates the community on traffic calming.
Cultural and language barriers
may dissuade resident
participation.
Potentially time consuming.
Special Considerations
Neighborhood meetings are typically held in convenient locations and during after-
work hours.
The meetings are intended to promote discussion among residents and city staff.
When necessary, interpreters should be provided.
Evaluation Considerations
Reduces
Speed
Reduces
Volume
Increases
Noise
Parking
Loss
Restricts
Access
Impacts
Emergency
Response
Increases
Street
Maintenance
Possible Possible No No No No No
Objective: To educate and inform the community of traffic calming measures and traffic
safety in their neighborhoods.
Potential Cost: Varies.
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Police Enforcement of Speed Limits
Phase 1
Description: Enforcement encourages
motorists to change their driving behavior
through the issuance of citations. The
police department deploys officers to target
neighborhood streets with reported
speeding problems.
Advantages Disadvantages
Increases driver awareness.
Targets speeding areas.
Can reduce speeding occurrences.
Highest impact on speeding offenders.
Can be implemented immediately.
Provides Police enforcement visibility in
neighborhood
Long term beneficial impacts may
diminish if not regularly enforced.
Requires frequent police presence,
which may not be feasible.
Special Considerations
Requires frequent enforcement to be successful.
Police units may not be readily available.
Often beneficial in school zones.
Typically, only streets with documented speeding problems should be monitored.
May be used in combination with recently implemented control devices.
Evaluation Considerations
Reduces
Speed
Reduces
Volume
Increases
Noise
Parking
Loss
Restricts
Access
Impacts
Emergency
Response
Increases
Street
Maintenance
Yes Possible No No No No No
Objective: To increase driver awareness of speed limits through police enforcement.
Potential Cost: Varies.
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Speed Display Units
Phase 1
Description: A radar unit that displays the speed limit and
motorists’ actual speeds. These devices mMay be movable or
permanent.
Advantages Disadvantages
Increases driver awareness of their
actual speeds.
Can be implemented immediately.
Conveys illusion of police presence.
Limited effectiveness.
Display units must be relocated weekly.
Not a substitute for Police enforcement.
Special Considerations
Can cause motorists to speed up to register a higher speed.
Not suitable for remote areas.
Usually not effective on high volume streets.
Helps alert drivers of their actual speed and provides an opportunity for drivers to
reduce speeds without being penalized.
Permanent units usually only considered around schools
Evaluation Considerations
Reduces
Speed
Reduces
Volume
Increases
Noise
Parking
Loss
Restricts
Access
Impacts
Emergency
Response
Increases
Street
Maintenance
Yes No No No No No No
Objective: To reduce speeding by altering drivers of their actual speeds.
Potential Cost: Temporary units: $250 per day.
Permanent units: $10,000 per installation.
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High Visibility Crosswalks
Phase 1
Description: A crosswalk incorporating a striped
pattern that catches motorists’ attention. These
high-visibility crosswalks can also be placed mid-
block, but will require pedestrian-activated
beacons (RRFB) to alert drivers of crossing
pedestrians. Mid-block crosswalks should be
placed only after an engineering study.
Advantages Disadvantages
Increases crosswalk viability.
Could help to reduce speeds.
Indicates preferred crossing
location.
Could create a false sense of pedestrian
security.
Special Considerations
Pedestrian may ignore traffic and place a greater reliance on the crosswalk.
More difficult to maintain than regular crosswalks.
Should be well lit
Additional signage, markings and devices are required for mid-block crosswalks
While less expensive than raised crosswalks, they are less effective.
Not suitable for all locations.
Evaluation Considerations
Reduces
Speed
Reduces
Volume
Increases
Noise
Parking
Loss
Restricts
Access
Impacts
Emergency
Response
Increases
Street
Maintenance
Possible No No Possible No No Yes
Objective: To increase crosswalk visibility to drivers.
Potential Cost: $1,500 to $5,000 each. Mid-block crosswalks: $25,000 to $30,000
each.
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Speed Limit Signs and Legends
Phase 1
Description: Speed limit signs and legends installed on
residential streets.
Advantages Disadvantages
Can help reduce speeding if
enforced.
Clearly defines speed limit.
Acceptable by neighborhood.
Relatively inexpensive to install.
Can be ignored by motorists.
Requires on-going enforcement.
Added signage to neighborhood.
Special Considerations
An engineering analysis is needed to establish speed limits higher than 25 mph.
Requires enforcement to remain effective.
Motorists have a tendency to disregard unrealistically low speed limits.
Should be used only on streets with identified speeding problems.
Speed limit signs will not be posted less than 25 mph.
To provide additional device effectiveness, associated 25 mph legends can be
installed adjacent to sign locations.
Evaluation Considerations
Reduces
Speed
Reduces
Volume
Increases
Noise
Parking
Loss
Restricts
Access
Impacts
Emergency
Response
Increases
Street
Maintenance
Possible No No No No No No
Objective: To reinforce proper speeds on neighborhood streets.
Potential Cost: $280 to $350 per sign or legend.
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Narrow Lane Striping
Phase 1
Description: Narrowing lanes requires restriping the
pavement to reduce the width of the lanes (usually to
10 feet wide).
Advantages Disadvantages
May slow travel speeds.
Easy to modify and implement.
Edge striping may function as Class
II Bicycle Lanes
Increased maintenance costs and
frequency.
Adds striping to neighborhood streets.
May affect emergency response.
Special Considerations
The remaining portion of the road can be used to create bicycle or parking lanes.
Additional striping helps define neighborhood streets by adding centerlines and edge
lines.
Can be altered over time.
Possible to use as an intermediate Phase to more definite traffic control devices.
Most effective when there is sufficient opposing traffic.
Effectiveness dwindles as opposing traffic volume drops.
Evaluation Considerations
Reduces
Speed
Reduces
Volume
Increases
Noise
Parking
Loss
Restricts
Access
Impacts
Emergency
Response
Increases
Street
Maintenance
Possible Possible No No No No Yes
Objective: To slow vehicle speeds by narrowing traffic lanes.
Potential Cost: $1,500 to $3,000. Dependent on length of street.
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Botts’-dots/Rumble Strip
Phase 1 (Rural location only)
Description: Bott’s-dots/Rumble
strip are raised pavement marker
that provide tactile and auditory
feedback to driver.
Advantages Disadvantages
Increases driver awareness.
Provides tactile and auditory
feedback to driver at desired
location (nearby speed limit signs,
pedestrian crossing, and etc.).
Can create obstructions for bicycles.
Requires regular maintenance.
Produces high level of noise to adjacent
properties so should not be used next to
sensitive receptors.
Special Considerations
May become obstacle for bicyclists.
Makes it difficult for bicycles and pedestrian access.
Require other measures such as signage and pavement marking.
Not a standalone devise.
Evaluation Considerations
Reduces
Speed
Reduces
Volume
Increases
Noise
Parking
Loss
Restricts
Access
Impacts
Emergency
Response
Increases
Street
Maintenance
Yes No Yes No No No Yes
Objective: To reduce traffic speed on neighborhood streets by increasing driver aware
at nearby signs and markings.
Potential Cost: $2,000 to $4,000. Dependent on length and installation interval.
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Turn Restriction Signs
Phase 2
Description: Turn restriction signs prohibit specified turn
movements on neighborhood streets. Examples of restrictive
signage include: “No Left Turns”, “No Right Turns”, or “Do Not
Enter”.
Advantages Disadvantages
Cost-effective method of reducing cut-
through traffic.
Redirects traffic to main streets where
higher traffic volumes are acceptable.
Can be directed towards certain times
of the day.
Can reduce noise.
No increase to street maintenance.
Possible traffic diversion to other
neighborhood streets.
Success requires on-going
enforcement.
Adds signage to the neighborhood.
Limits access to the neighborhood.
Applies to all traffic, including
neighborhood traffic.
Special Considerations
Little or no effect on vehicle speeds.
Best when used on major or collector streets.
More effective when applied to certain peak hours.
May cause access impacts to neighborhood.
Possible diversion of traffic to other neighborhood streets.
Can be difficult to enforce in some areas.
Evaluation Considerations
Reduces
Speed
Reduces
Volume
Increases
Noise
Parking
Loss
Restricts
Access
Impacts
Emergency
Response
Increases
Street
Maintenance
No Yes No No Yes No No
Objective: To reduce traffic volumes on neighborhood streets and redirect traffic to
main roadways.
Potential Cost: $280 - $350 per sign.
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Curb Extensions
Phase 2
Description: Curb extensions narrow a portion of the
roadway by extending a portion of the curb into the
street. Curb extensions are commonly referred to as
“bulb-outs”, which are at the entrance of a roadway,
and “chokers”, which are placed mid-segment. Curb
extensions also include “Chicanes”, which are a
series of alternating mid-segment extensions.
Advantages Disadvantages
Shorter pedestrian crossings.
Can decrease vehicle speeds
entering a narrowed roadway.
Creates an opportunity for
landscaping and green
infrastructure.
Allows better pedestrian visibility
around parked cars.
May require loss of on-street parking.
Can create a hazard for bicyclists.
May impede emergency response vehicles
and other trucks.
Increased maintenance.
Drainage can be a problem.
Special Considerations
Expensive to remove if permanent
Curb-extensions can be installed mid-block.
May require additional landscaping.
Can be expensive.
Curb-extensions should not extend into designated bicycle lanes.
At transit stops, curb-extensions enhance service.
Bulbouts need to be designed to accommodate emergency response vehicles,
larger vehicle and common truck turning path.
Evaluation Considerations
Reduces
Speed
Reduces
Volume
Increases
Noise
Parking
Loss
Restricts
Access
Impacts
Emergency
Response
Increases
Street
Maintenance
Yes Possible No Yes No Possible Possible
Objective: To reduce traffic speeds and reduce pedestrian exposure to vehicles.
Formatted: Font: Bold, Not Italic
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1 + Aligned at: 0.25" + Indent at: 0.5", Tab
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Potential Cost: $15,000 to $30,000 per extension.
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Speed Cushions
Phase 2
Description: Speed cushions are asphalt mounds
constructed on the roadway surfaces. The City of Gilroy
uses speed cushions that are 4 inches high and have a
parabolic profile. Speed cushions differ from other raised
speed control devices (i.e. speed bump, speed hump, or
speed table) because speed cushions typically have
wheel cut-outs that allow unimpeded passage by
emergency vehicles. Most passenger cars have narrower
wheel bases than emergency vehicles and would not be
able to pass unimpeded through speed cushions.
Advantages Disadvantages
Effectively slow vehicles.
Can result in decrease of traffic
volumes.
Can improve pedestrian safety.
Are designed to accommodate fire
truck wheel base widths.
Increases noise near speed cushions.
May result in traffic diversion to other
neighborhood streets.
Device, signage and advanced striping
can be somewhat aesthetically
displeasing.
Possible problem for bikes.
Will affect passage of ambulances and
other standard wheel based emergency
vehicles.
Special Considerations
Speed cushions are usually placed 300 to 600 feet apart.
Speed cushions need Fire Department and Police Department approval to ensure
adequate delivery of emergency vehicles.
Require advanced warning signs and pavement markings.
Speed cushions shall not be installed on streets with posted speed limits greater
than 30 MPH.
May be installed using temporary rubberized devices.
Evaluation Considerations
Reduces
Speed
Reduces
Volume
Increases
Noise
Parking
Loss
Restricts
Access
Impacts
Emergency
Response
Increases
Street
Maintenance
Yes Possible Yes Possible No Yes Yes
Objective: To reduce vehicle speeds on neighborhood streets.
Formatted: Font: Bold
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1 + Aligned at: 0.25" + Indent at: 0.5", Tab
stops: 0.25", Left + 2.69", Left + Not at 0.5"
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Potential Cost: $7,500 per speed cushion.
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Packet Pg. 339 Attachment: Draft Gilroy Neighborhood Traffic Management Program October 17 2019 (2495 : Review and Approval of the City Neighborhood
Draft Plan 104/1518/20198
City of Gilroy
Neighborhood Traffic Management Program 56
Roundabouts & Traffic Circles
Phase 2
Description: Roundabouts and traffic circles are
raised circular islands placed in the center of an
intersection. They require vehicles to slow down to
a comfortable speed in order to maneuver around
the circle.
Advantages Disadvantages
Effectively reduces vehicle speeds.
Reduces potential for collisions.
Provides increased access for side
streets.
Opportunity for landscaping.
Minimal noise impacts.
Can be attractive, if well
maintained.
Loss of parking.
Can disrupt access for large vehicles.
Very expensive
Possible decrease in emergency response
times.
Can increase conflicts between bicycles
and automobiles.
Can require increased maintenance.
May require additional right-of-way.
Special Considerations
Requires additional signage and pavement markings.
Not recommended at T-intersections and offset intersections.
Most effective when used in combination with other devices or placed in series on
short blocks.
Requires curbside parking prohibition within 30 feet of circle.
At slow speeds, buses can maneuver around traffic circles.
Not used at 4-way stop intersections
Installed with vertical curb where vehicle circulation allows; otherwise curbs are
designed to be mountable.
Evaluation Considerations
Reduces
Speed
Reduces
Volume
Increases
Noise
Parking
Loss
Restricts
Access
Impacts
Emergency
Response
Increases
Street
Maintenance
Yes Possible No Yes No Yes Yes
Objective: To reduce vehicle speed by requires drivers to slow down to maneuver
around the circle.
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Packet Pg. 340 Attachment: Draft Gilroy Neighborhood Traffic Management Program October 17 2019 (2495 : Review and Approval of the City Neighborhood
Draft Plan 104/1518/20198
City of Gilroy
Neighborhood Traffic Management Program 57
Potential Cost: $35,000 to $115,000 depending on island treatment and right-of-way
requirement.
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Packet Pg. 341 Attachment: Draft Gilroy Neighborhood Traffic Management Program October 17 2019 (2495 : Review and Approval of the City Neighborhood
Draft Plan 104/1518/20198
City of Gilroy
Neighborhood Traffic Management Program 58
Median Barriers
Phase 2
Description: Median barriers are raised islands that
prevent certain movements at an intersection.
Advantages Disadvantages
Reduces cut-through traffic.
Opportunity for landscaping.
Provides refuge area for
pedestrians.
Reduce vehicle conflict points at
intersection.
Provides location for placement
of visible signs.
Impedes emergency response times.
May divert traffic to other neighborhood
streets.
High installation costs.
Creates obstacle for motorists.
Can create obstructions for pedestrians
and bicycles.
Special Considerations
Restricts full access to and from neighborhood streets.
May become obstacle for motorists to drive into.
More permanent measure.
Difficult to alter or remove.
May divert traffic to other neighborhood streets.
Can result in increased emergency response times.
Possibility for varied designs, such as restricted left turns only on major streets.
Requires environmental assessment, CEQA compliance.
Makes it difficult for bicycles and pedestrian access.
Evaluation Considerations
Reduces
Speed
Reduces
Volume
Increases
Noise
Parking
Loss
Restricts
Access
Impacts
Emergency
Response
Increases
Street
Maintenance
Possible Yes No Possible Yes Yes Possible
Objective: To reduce cut-through traffic on neighborhood streets by restricting left-turn
movements.
Potential Cost: $7,500 to $45,000. Dependent on length.
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Packet Pg. 342 Attachment: Draft Gilroy Neighborhood Traffic Management Program October 17 2019 (2495 : Review and Approval of the City Neighborhood
Draft Plan 104/1518/20198
City of Gilroy
Neighborhood Traffic Management Program 59
Bott’s’-dots/Rumble Strip
Phase 2 (Rural location only)
Description: Bott’s-dots/Rumble
strip are raised pavement marker
that provide tactile and auditory
feedback to driver.
Advantages Disadvantages
Increases driver awareness.
Provides tactile and auditory
feedback to driver at desired
location (nearby speed limit signs,
pedestrian crossing, and etc.).
Can create obstructions for bicycles.
Requires regular maintenance.
Produces noise.
Special Considerations
May become obstacle for bicyclists.
Makes it difficult for bicycles and pedestrian access.
Require other measures such as signage and pavement marking.
Not a standalone devise.
Evaluation Considerations
Reduces
Speed
Reduces
Volume
Increases
Noise
Parking
Loss
Restricts
Access
Impacts
Emergency
Response
Increases
Street
Maintenance
Possible No Yes No No No Possible
Objective: To reduce traffic speed on neighborhood streets by increasing driver aware
at nearby signs and markings.
Potential Cost: $2,000 to $4,000. Dependent on length and installation interval.
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Draft Plan 104/1518/20198
City of Gilroy
Neighborhood Traffic Management Program 60
Appendix B: Neighborhood Traffic Management Program Public
Outreach Brochure
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City of Gilroy
STAFF REPORT
Agenda Item Title: Update on the Development Services Center Project
Meeting Date: November 18, 2019
From: Gabriel Gonzalez, City Administrator
Department: Public Works Department
Submitted By: Girum Awoke
Prepared By: Girum Awoke
Gary Heap
Strategic Plan Goals
☐ Fiscal Stability
☐ Downtown
Revitalization
Economic
Development
☐ Neighborhood Services
☐ Enhanced Public
Safety
☐ Workforce Stability ☐ Public Engagement
RECOMMENDATION
Receive report.
BACKGROUND
The City Council has committed resources to remodel the old Police Department
building (City Hall Annex) to serve as a one -stop customer service center. This will
provide the necessary office space for staff to conduct work more efficie ntly and will
enhance the City’s customer service functions by providing a facility where residents,
businesses, and developers can go to obtain required licenses and permits. A well
designed DSC improves the customer experience and fosters a positive business
environment, while reducing the number of separate departments a customer must
physically apply to, saving both public and private entities time and financial resources.
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The new Center is anticipated to provide a positive customer experience, where a ll
development and construction needs can be addressed at one location. Applicants
benefitting from this experience will range from shopping center and hotel developers,
to small businesses applying for business permit, to homeowners pursuing single family
residence remodels. The factors that make a successful DSC include proper physical
layout/space, fully integrated process and staffing.
In spring 2019, as part of the mid-year budget update discussion, the City council
directed staff to pursue the preparation of full design plans and cost estimates for a
customer friendly and modern development review center. This initiative is directly tied
to the council’s strategic goals of “Focusing on Revenue Driving Economic
Development” and “Providing Opportunities for Meaningful Public Engagement”.
ANALYSIS
The contract for professional services with Dewberry Architects Inc. was approved by
Council at the September 16th City Council meeting. This project has an aggressive
schedule with final plans, specifications, and cost estimate expected at the end of the
year.
In the past few weeks, staff and consultants have been involved in the following
activities related to the Development Services Center (DSC) project:
o Project design kick off and internal coordination meetings to discuss
project purpose, need and elements
o Site visits to other local one stop centers in Palo Alto, Danville, Sunnyvale
and San Mateo
o Presented the project ideas and solicited feedback from attendees at the
September 23 Developer’s roundtable meeting
o Programming and scoping all-hands meeting (Community Development
and PW -Engineering staff)
New Development Service Center Space Planning
Staff has met with Dewberry, the consultant responsible for preparing design and
construction drawings for the DSC, to discuss its vision for the new work area. Staff
recommended the following be provided within the DSC:
o A concierge station that would allow for developers to interact with a
dedicated staff person to greet them as they enter. This greeter, or
concierge, would interact with the customer, provide direction, assistance
in signing-in, and start applicants on paperwork to help expedite their
counter experience.
o A comfortable and collaborative counter space for at -the-counter plan
checks.
o A comfortable waiting area or lobby
o A self-help computer
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o A public/private meeting space off of the lobby
o An information display with continuous messaging
o Plan Check Services offered by Planning, Building, Public Works and Fire
Prevention
o The area will also include staff from Housing and Code Enforcement
Development Service Center (DSC) Layout
The latest design of the DSC includes office space for the City’s Development Review
Team in the Annex Building. It includes five counter spaces and a concierge station as
the first contact for customers entering the DSC. The lobby area contains seating, a
public restroom, a public meeting space, and secure access to the larger staff meeting
room. The west building contains space for thirty-two (32) Community Development
and Public Works Engineering staff. Three existing rooms in the southwest corner of the
east building will be repurposed to house field staff associated with development review/
inspection. These office spaces will provide for thirteen (13) field staff.
DSC Planning and Design Activities to date
The following are major activities and timelines associated with the DSC project
development process:
o October 10 – The Project Architects from Dewberry met with CDD and PW
staff to discuss development operations and future DSC considerations
o October 21 – Staff met with Dewberry to discuss space layout and staffing
options
o October 25 – Staff received four draft DSC office plan layouts
o October 28 – Dewberry staff met with City staff for an on-site design
meeting to provide feedback on the DSC space planning and office space
layout.
o October 28 – Dewberry provided updated plans based on staff feedback
DSC Project Milestones and Production Schedule
Below is a milestone schedule of the activities to be performed by th e consultant:
o Notice to Proceed (Design) – 10/1/19
o Conceptual Plan / Program Approval – 11/4/19
o Preliminary Design – 12/9/19
o Final Design – 12/24/19
o Bidding – February 2020
o Selection – March 2020
o Construction Notice to Proceed – May 2020
o Substantial Completion – December 2020
o Commissioning / Open to the Public – February 2021
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FISCAL IMPACT/FUNDING SOURCE
For this project, Council has approved appropriation of $1,500,000 in the FY 20 budget
which is solely funded by the Public Facilities Impact Fund. The design contract is
$215,423, and with a design contingency of 20% design is expected to be competed at
a cost of approximately $258,508; the probable construction and construction
management costs are currently being developed/evaluated with the update d concept
plans and will be further refined with the final Plans and Specifications.
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