HomeMy WebLinkAbout01/22/2018 City Council - Regular Meeting Agenda Packet
January 19, 2018 5:24 PM City Council Regular Meeting Agenda Page1 MAYOR
Roland Velasco
COUNCIL MEMBERS
Dion Bracco
Daniel Harney
Peter Leroe-Muñoz
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, JANUARY 22, 2018
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 Counc il 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 a t, 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 circumstance s, 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.
KNOW YOUR RIGHTS UNDER THE GILROY OPEN GOVERNMENT ORDINANCE
City Council Regular Meeting Agenda
01/22/2018 Page2 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. Proclamations Recognizing the Gilroy High School Mustangs and
Christopher High School Cougars for Winning 2017 Central Coast Section
Division FootballTitles
2. Proclamation Recognizing South Valley Association for the
Developmentally Disabled
INTERVIEWS
Interviews for Open Seats on the Arts and Culture Commission, Building Board
of Appeals, Historic Heritage Committee, Housing Advisory Committee, Library
Commission, Open Government Commission and Public Art Committee
III. PRESENTATIONS TO THE COUNCIL
A. 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.)
City Council Regular Meeting Agenda
01/22/2018 Page3 IV. REPORTS OF COUNCIL MEMBERS
Mayor Pro Tempore Bracco –Santa Clara Co. Library JPA, SCRWA Board, Street
Naming Committee, South County Youth Task Force Policy Team, URM Task Force
Council Member Tucker – Caltrain Citizen's Advisory Committee, Gilroy Welcome
Center, General Plan Advisory Committee, Santa Clara Valley Habitat Agency
Governing and Implementation Boards
Council Member Harney – Gilroy Gardens Board, Santa Clara Co. Expressway Plan
Advisory Board, Santa Clara Valley Habitat Agency Governing and Implementation
Boards, Santa Clara Valley Clean Energy Authority, South County Joint Planning
Advisory Committee VTA Board (Alternate, VTA Policy Advisory Committee
Council Member Tovar – Gilroy Downtown Business Association, Gilroy Sister Cities
Association, SCRWA Board, Street Naming Committee, VTA Committee for Transit
Accessibility
Council Member Leroe-Muñoz - ABAG, Economic Development Corporation Board,
Cities Association of Santa Clara Co. Board, HSR Station Area Planning Advisory
Committee & HSR Sub-Committee, Santa Clara Valley Water Dist. Water Comm.,
Valley Regional Interoperability Authority (SVRIA)
Mayor Velasco – Economic Development Corporation Board, General Plan Advisory
Committee, VTA South County City Group, URM Task Force
V. FUTURE COUNCIL INITIATED AGENDA ITEMS
VI. CONSENT CALENDAR (ROLL CALL VOTE)
All matters listed under the Consent Calendar are considered by the City Council to be routine
and will be enacted by one motion. There will be no separate discussion of these items unless a
request is made by a member of the City Council or a m ember 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.
A. Minutes of the January 8, 2018 Regular Meeting
B. Adoption of an Ordinance of the City Council of the City of Gilroy
Amending Gilroy City Code Section 17A.24.3.b Related to the Disclosure of
Bid Records (introduced 1/8/18 with a 6-0 vote)
C. Recognition of Chamber of Commerce 2018 Spice of Life Awardees: Gary
Walton, Lupe Lopez, Noah Concrete, Cafe 152 Bread Company, Joyce
Duarte, Maria Walker and Rebekah Children's Services
VII. PUBLIC HEARINGS
A. Consideration of an Amendment to the Community Development Block
Grant Five Year Consolidated Plan 2015-2020 and Annual Action Plans for
Program Years 2014-2015, 2015-2016, 2016-2017 and 2017-2018
City Council Regular Meeting Agenda
01/22/2018 Page4 1. Staff Report: Kristi Abrams, Community Development Director
2. Open Public Hearing
3. Close Public Hearing
4. Possible Action:
Approval of Amendment to the FY 2014-2015 Annual Action Plan, Substantial
Amendment to the Five Year 2015-2020 Consolidated Plan, Amendment to the
FY 2015-2016 Annual Action Plan, Amendment to the 2016-17 Annual Action
Plan, and Amendment to the 2017-18 Annual Action Plan.
VIII. BIDS AND PROPOSALS
A. Award of Construction Contract for the Las Animas Park Trail
Rehabilitation Project No. 18-PW-247 and Approval of Contingency Funding
1. Staff Report: Girum Awoke, Public Works Director
2. Public Comment
3. Possible Action:
a) Award a contract for construction of the CDBG Las Animas Veterans
Memorial Park Pathway Rehabilitation Project, Project No. 18 -PW -247 to
Precision Grade, Inc. in an amount not to exceed $257,298, add alternatives
of $70,992, and authorize the City Administrator to execute the contract and
related documents; and,
b) Approve contingency funding of $32,516 for unforeseen field conditions
and/or additional work necessary to complete the project.
B. Las Animas Park Trail Rehabilitation Construction Management Services
Contract
1. Staff Report: Girum Awoke, Public Works Director
2. Public Comment
3. Possible Action:
Award a contract to TRC doing business as Caltrop for Construction
Management Services in the not to exceed amount of $44,385.00 , and authorize
the Public Works Director to execute the contract and related documents .
IX. UNFINISHED BUSINESS
A. Consideration of an Appointment to Fill a Vacancy on the City Council Until
a Successor is Elected at the Next General Municipal Election of November
6, 2018
1. Staff Report: Shawna Freels, City Clerk
2. Public Comment
3. Possible Action:
1. Review applications, interview candidates and appoint a member to fill the
vacancy until a successor is elected at the next general municipal election of
November 6, 2018; or
2. Review applications and schedule a future date to interview candidates and
appoint to fill the vacancy.
B. Appointment to One Vacancy on the Youth Commission
City Council Regular Meeting Agenda
01/22/2018 Page5 1. Staff Report: Shawna Freels, City Clerk
2. Public Comment
3. Possible Action:
Appoint a member to fill one open seat on the Youth Commission with a term
ending 9/30/18.
C. Adoption of an Ordinance of the City Council of the City of Gilroy Adopting
Amendments to Article 30.35 of the Gilroy City Code Entitled “Wireless
Telecommunications, Antennas and Windmills” and Article 30.45 of the
Gilroy City Code Entitled “General Regulations” Relating to the Installation
of Wireless Telecommunication Facilities (introduced 12/4/17 with a 5-1-1
vote; Council Member Harney voting no and Council Member Kloecker
absent)
1. Staff Report: Kristi Abrams, Community Development Director
2. Public Comment
3. Possible Action:
Motion to adopt an ordinance of the City Council of the City of Gilroy adopting
amendments to Article 30.35 of the Gilroy City Code Entitled “W ireless
Telecommunications, Antennas and W indmills” and Article 30.45 of the Gilroy
City Code entitled “General Regulations” relating to the installation of wireless
telecommunication facilities.
X. INTRODUCTION OF NEW BUSINESS
A. Introduction of an Ordinance of the City Council of the City of Gilroy
Amending City Code Sections 18.1 (2) and 18.6 (b) to Allow for the
Consumption of Alcohol in Public Parks on a Permit Basis in Certain
Designated Drinking Areas Only
1. Staff Report: Scot Smithee, Police Chief
2. Public Comment
3. Possible Action:
a) Motion to read the ordinance by title only, and waive further reading; and,
b) Motion to introduce an Ordinance of the City Council of the City of Gilroy
Amending City Code Sections 18.1 (2) and 18.6 (b) to Allow for the
Consumption of Alcohol in Public Parks on a Permit Basis in Certain
Designated Drinking Areas Only
XI. CITY ADMINISTRATOR'S REPORTS
XII. CITY ATTORNEY'S REPORTS
XIII. CLOSED SESSION
City Council Regular Meeting Agenda
01/22/2018 Page6 A. CONFERENCE WITH LEGAL COUNSEL— EXISTING LITIGATION;
Significant Exposure to Litigation Pursuant to Paragraph (1) of Sub. (d) of GC
Section 54956.9 and Gilroy City Code Section 17A.11 (3) (a); 1 Case as Defendant;
Alma Ramirez, an individual; H.A. and L.A., both minors, as successors in interest
to Hector Alvarez, deceased, by and through their guardian ad litem Alma
Ramirez; vs. City of Gilroy, Adam Moon and Does 1 through 10, inclusive; Case
Filed: 2/7/17; Case Number 5:17-CV-00625-HRL
B. CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION; Significant
Exposure to Litigation Pursuant to Paragraph (1) of Sub. (d) of GC Section
54956.9 and Gilroy City Code Section 17A.11 (3) (a); 1 Case as Defendant; Alvin
Harrison v. City of Gilroy, KB Home South Bay, Inc., Ben and Larae Griffin, and
Does 1-50; Case Filed: 8/18/2015; Case No.: 115CV284505, Superior Court of
Santa Clara County
C. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to GC
Sec. 54956.8 and GCC Sec.17A.8 (a) (2) Property: 3050 Hecker Pass Highway,
APN’s 783-05-011; -012; -013;810-17-014;-015; -021; -024; -025; -026; -029; 810-18-
002; -010; -011;801-19-005; -007; -010; -011; -014 (Gilroy Gardens) Negotiators:
Gabriel Gonzalez, City Administrator; Other Party to Negotiations: Gilroy
Gardens; Negotiating Price and Terms
1. Public Comment on Closed Session Items
2. City Attorney’s Advice Re: Entering into Closed Session
3. 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
JANUARY, 2018
22* Regular Meeting - 6:00 p.m., City Council Chambers
FEBRUARY, 2018
5* Regular Meeting - 6:00 p.m., City Council Chambers
10* Strategic Planning Session - 8:30 a.m., City Council Chambers
16* Strategic Planning Session - 12:30 p.m., City Council Chambers
26* Regular Meeting - 6:00 p.m., City Council Chambers
MARCH, 2018
5* Regular Meeting - 6:00 p.m., City Council Chambers
19* Regular Meeting - 6:00 p.m., City Council Chambers
APRIL, 2018
2* Regular Meeting - 6:00 p.m., City Council Chambers
16* Regular Meeting - 6:00 p.m., City Council Chambers
City Council Regular Meeting Agenda
01/22/2018 Page7 MAY, 2018
7* Regular Meeting - 6:00 p.m., City Council Chambers
21* Regular Meeting - 6:00 p.m., City Council Chambers
* meeting is webstreamed and televised
Proclamation of the City of Gilroy
WHEREAS, the 2017 Christopher High School Cougars Football team, led by
Coach Tim Pierleoni, amassed an amazing comeback season in 2017, finishing with an
11-2 overall record to capture the Central Coast Section Division 4 title; and
WHEREAS, the 2017 Gilroy High School Mustangs Football team, led by
Coach Jubenal Rodriguez, finished the 2017 season undefeated, with a 13-0 overall
record, to capture the Central Coast Section Division 5 title; and
WHEREAS, after three previous CCS playoff appearances, this is the first CCS
title in Christopher High School history; and
WHEREAS ,this is the first Central Coast Section (CCS) title in Gilroy High
School history since the CCS was formed in 1965; and
WHEREAS, when the Central Coast Section Division championship titles were
on the line, these teams became players who know what it takes to win a CCS title;
WHEREAS, Christopher High Cougars senior captain’s, Sam Blawski, Ethan
Crawford, and Gianluca Vanni, helped lead the Cougars on and off the field, each of
them earning First Team All-League honors, and Cougars Lineman Sam Blawski was
recognized as 1 of 2 Most Outstanding Offensive Lineman for the Pacific Division; and
WHEREAS, Gilroy High Mustangs Joseph Barnes rushed for 234 yards and
had five touchdowns and Mustang Tony Andrade had four sacks on defense and
recovered two fumbles, and Mustang Joseph Barnes was the Monterey Bay League
Offensive Player of the Year, and Andrew Castro was the Monterey Bay League
defensive player of the year.
NOW, THEREFORE, I, Roland Velasco, Mayor of the City of Gilroy, on
behalf of the entire City Council, do hereby wish to congratulate and recognize:
The Christopher High School Cougars Football Team for winning the
2017 Central Coast Section Division 4 title
The Gilroy High School Mustangs Football Team for winning the
2017 Central Coast Section Division 5 title
and the players, coaches, parents, and staff whose hard work led to the championship
_____________________
Mayor Roland Velasco
2.A.1
Packet Pg. 8 Communication: Proclamations Recognizing the Gilroy High School Mustangs and Christopher High School Cougars for Winning 2017 Central
Proclamation of the City of Gilroy
WHEREAS, the South Valley Association for the Developmentally Disabled was established
in 1962 by Ray and Isabel Cadei in an effort to bring special education and programming to South
Santa Clara County; and
WHEREAS, the State Department of Education allocated $383,000 of funding in 1963 for
a school for special education in South Santa Clara County, which led to the first special needs day care
program on the grounds of the IOOF Home with six children; and
WHEREAS, in 1966, Gilroy Unified School District provided three acres of land at Glen
View School for a permanent school and Gateway opened as the new school for the developmentally
disabled, initially offering two classes, and expanding to three classes and a development center by 1971;
and
WHEREAS, Gilroy Parks and Recreation recognized the importance and began offering
programming for the developmentally disabled in 1978, which expanded to include a 2-week summer day
camp by the following year; and
WHEREAS, in 1997 the South Valley Association for the Developmentally Disabled
completed the development of Villa Esperanza which provides 21 units of housing for developmentally
disabled, low income persons; and
WHEREAS, after accomplishing their goals, the South Valley Association for the
Developmentally Disabled Board has disbanded the organization this year, and distributed remaining
funds to charitable organizations that serve the developmentally disabled; and
WHEREAS, South Valley Association for the Developmentally Disabled has made an
annual donation to the City Adaptive program for the developmentally disabled for several years, and as
they disband has donated a final $6,000 for this cause.
NOW, THEREFORE, I, Roland Velasco, Mayor of the City of Gilroy, on behalf of the
entire City Council, do hereby wish to recognize
South Valley Association for the
Developmentally Disabled
for their long history of advocacy for opportunities for the developmentally disabled residents of Gilroy and
generous support of the Recreation Adaptive Program.
_____________________
Mayor Roland Velasco
2.A.2
Packet Pg. 9 Communication: Proclamation Recognizing South Valley Association for the Developmentally Disabled (Proclamations, Awards, and
Board/Commission # of seats
open
# of
applications
Arts & Culture Commission 2 seats None
Historic Heritage Committee
• Steve Seebart (incumbent)
• Fabian Morales Medina
2 seats 2
Housing Advisory Committee
• Jerrod Allen Coddington
• James D. Fay (‘JD”)
• David FIssel
• Lucille Reyes (interviewed on
December 11, 2017)
3 seats 4
Library Commission
• Kathy Souza
• Joyce Taylor
1 seat 2
Public Art Committee
• Judith Bozzo (incumbent)
• Armando Franco (incumbent)
• Catherine McCormack
3 seats 3
Open Govt. Commission
• James D. Fay (“JD”)
1 seat 1
Packet Pg. 10 Communication: Interviews for Open Seats on the Arts and Culture Commission, Building Board of Appeals, Historic Heritage Committee,
Packet Pg. 11 Communication: Interviews for Open Seats on the Arts and Culture Commission, Building Board of Appeals, Historic Heritage Committee,
Packet Pg. 12 Communication: Interviews for Open Seats on the Arts and Culture Commission, Building Board of Appeals, Historic Heritage Committee,
Packet Pg. 13 Communication: Interviews for Open Seats on the Arts and Culture Commission, Building Board of Appeals, Historic Heritage Committee,
Packet Pg. 14 Communication: Interviews for Open Seats on the Arts and Culture Commission, Building Board of Appeals, Historic Heritage Committee,
Packet Pg. 15 Communication: Interviews for Open Seats on the Arts and Culture Commission, Building Board of Appeals, Historic Heritage Committee,
Packet Pg. 16 Communication: Interviews for Open Seats on the Arts and Culture Commission, Building Board of Appeals, Historic Heritage Committee,
Packet Pg. 17 Communication: Interviews for Open Seats on the Arts and Culture Commission, Building Board of Appeals, Historic Heritage Committee,
Packet Pg. 18 Communication: Interviews for Open Seats on the Arts and Culture Commission, Building Board of Appeals, Historic Heritage Committee,
Packet Pg. 19 Communication: Interviews for Open Seats on the Arts and Culture Commission, Building Board of Appeals, Historic Heritage Committee,
Packet Pg. 20 Communication: Interviews for Open Seats on the Arts and Culture Commission, Building Board of Appeals, Historic Heritage Committee,
Packet Pg. 21 Communication: Interviews for Open Seats on the Arts and Culture Commission, Building Board of Appeals, Historic Heritage Committee,
Packet Pg. 22 Communication: Interviews for Open Seats on the Arts and Culture Commission, Building Board of Appeals, Historic Heritage Committee,
Packet Pg. 23 Communication: Interviews for Open Seats on the Arts and Culture Commission, Building Board of Appeals, Historic Heritage Committee,
Packet Pg. 24 Communication: Interviews for Open Seats on the Arts and Culture Commission, Building Board of Appeals, Historic Heritage Committee,
Packet Pg. 25 Communication: Interviews for Open Seats on the Arts and Culture Commission, Building Board of Appeals, Historic Heritage Committee,
1
City Council Meeting Minutes
1/8/2018
City of Gilroy
City Council Meeting Minutes
January 8, 2018
I. OPENING
A. Call to Order
The meeting was called to order at 6:00 PM by Mayor Roland Velasco
1. Moment of Silence in Memory of Honorable Council Member Paul
Kloecker
Mayor Velasco highlighted the contributions of Council Member Kloecker as a
community member, and in his role on the City Council.
Pastor Malcolm Mac Phail of New Hope Community Church led a moment of
silence to honor Council Member Kloecker, and then led the invocation.
2. Invocation
3. Pledge of Allegiance
The pledge of allegiance was led by Mayor Velasco.
4. City Clerk's Report on Posting the Agenda
City Clerk Shawna Freels announced that the agenda had been posted on
January 3, 2018 at 5:10 p.m.
Attendee Name Title Status
Roland Velasco Mayor Present
Dion Bracco Council Member Present
Daniel Harney Council Member Present
Peter Leroe-Muñoz Council Member Present
Fred Tovar Council Member Present
Cat Tucker Council Member Present
B. Orders of the Day
The Council moved Item 11A up the agenda, prior to the consent calendar, and
removed consent calendar item C, at staff's request.
C. Employee Introductions
City Clerk Freels introduced newly hired Deputy City Clerk Suzanne Guzzetta.
Police Captain Svardal introduced newly hired Police officer Diana Barrett.
Recreation Director De Leon introduced newly hired Office Assistant Jasmine Peinado.
Public Works Direct Awoke introduced newly promoted Office Assistant Heidi Bazan,
and newly hired maintenance workers Ben Larios and Alejandro Morales.
II. CEREMONIAL ITEMS
A. Proclamations, Awards, and Presentations
Mayor Velasco read and presented the following proclamations.
6.A
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1. Proclamation Recognizing David Stubchaer for His Service to the
City of Gilroy
2. Proclamation Recognizing Joe Kline for His Service to the City of
Gilroy
3. Proclamation Recognizing CH2M for Donating to the Recreation
Youth Scholarship Program
4. Proclamation Recognizing Chris Rogers for His Service to the City of
Gilroy
INTERVIEWS
Interviews for One Open Seat on the Youth Commission
The City Council conducted interviews.
IV. PRESENTATIONS TO THE COUNCIL
A. Public Comments on Items Not on the Agenda
Connie Rogers spoke on the established candidate spending limits, requesting
that the Council consider agendizing an item on reducing the limits.
Jane Howard of the Welcome Center announced the Gilroy Restaurant W eek
event and contest that 15 Gilroy restaurants would be participating inc.
B. Presentation of 2017 City Accomplishments
City Administrator Gonzalez introduced the item and it was further presented by
Public Information Office Bedell.
C. Personnel Commission Annual Presentation
The presentation was given by Commissioner Tom Brewer.
V. REPORTS OF COUNCIL MEMBERS
Council Members Bracco and Tucker each wished everyone a happy new year.
Council Member Harney provided an update on Gilroy Gardens describing low summer
attendance due to heat, and the success of the 4th quarter at the park and planned
opening during Mother’s Day weekend in 2018. He then highlighted the Bicycle
Pedestrian Commission bike sharing program and spoke on issues of crime and
homelessness in the community.
Council Member Tovar wished everyone happy new year, and then spoke on issues
with homelessness and crime, and thanked staff for their work addressing recent issues
over the weekend and spoke on the pending opening of the new downtown brewery.
Council Member Leroe Muñoz spoke on the need to pause to reflect on the dedicated
time and efforts of Council Member Paul Kloecker.
Mayor Velasco spoke on recent social media posts on homelessness and crime,
sharing the City Council's concerns surrounding the issue. He then announced that he
had worked with the City Administrator to schedule a study session on January 17th at
6:00 p.m. to address homelessness and the impacts to local jurisdictions.
VI. FUTURE COUNCIL INITIATED AGENDA ITEMS
6.A
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There were none.
A. Declaration of a Vacancy on the City Council and Consideration of Filling
Said Vacancy Until a Successor is Elected at the Next General Municipal
Election of November 6, 2018
The staff report was presented by City Clerk Freels.
Possible Action:
Adoption of Resolution 2018-01 of the City Council of the City of Gilroy
Declaring a Vacancy in the Office of the City Council.
RESULT: APPROVE [UNANIMOUS]
MOVER: Cat Tucker, Council Member
SECONDER: Peter Leroe-Muñoz, Council Member
AYES: Velasco, Bracco, Harney, Leroe-Muñoz, Tovar, Tucker
Declaration of a Vacancy on the City Council and Consideration of Filling
Said Vacancy Until a Successor is Elected at the Next General Municipal
Election of November 6, 2018
Possible Action:
Open a recruitment period to fill the vacancy with the application period
running through January 18th at 3:00 p.m. Following the close of the
application period the applications shall be distribution to Council and at
the January 22nd appoint, or screen applications and interview and appoint
at the February 5th meeting
RESULT: APPROVE [UNANIMOUS]
MOVER: Cat Tucker, Council Member
SECONDER: Dion Bracco, Council Member
AYES: Velasco, Bracco, Harney, Leroe-Muñoz, Tovar, Tucker
VII. CONSENT CALENDAR
Approval of Items A and B
RESULT: APPROVE [UNANIMOUS]
MOVER: Dion Bracco, Council Member
SECONDER: Fred Tovar, Council Member
AYES: Velasco, Bracco, Harney, Leroe-Muñoz, Tovar, Tucker
A. Minutes of the December 4, 2017 Regular Meeting
B. Adoption of an Ordinance of the City Council of the City of Gilroy Adding
Section 24.44(b)(5) to Article III of Chapter 24 of the Gilroy City Code
Pertaining to the Reauthorization of the Public, Educational, and
Government Access Channel Support (Introduced 12/4/17 with a 6 -0-1 vote
Council Member Kloecker absent)
Item C was moved to the January 22, 2018 meeting.
C. Resolution of the City Council of the City of Gilroy Supporting Tourism in
the Hecker Pass Corridor
VIII. BIDS AND PROPOSALS
A. Amendment to Agreement with Arrow Sign Company for Wayfinding Signs
The staff report was presented by Public Works Director Awoke.
6.A
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Possible Action:
Approve a one year contract extension with Arrow Sign Company in the
amount of $115,186.20.
RESULT: APPROVE [UNANIMOUS]
MOVER: Cat Tucker, Council Member
SECONDER: Fred Tovar, Council Member
AYES: Velasco, Bracco, Harney, Leroe-Muñoz, Tovar, Tucker
B. Approval of Five Year City-Wide Parks and Landscape Maintenance
Contract
The staff report was presented by Public Works Director Awoke and further
presented by Parks Supervisor Headley.
Public comment was given by Mike Carter of Bright View who shared concerns
regarding the RFP as there was no language requiring employees to be citizens.
Public comment was then closed.
City Attorney Faber spoke on the issue explaining that the chosen vendor was
not an employee of the city and the actions requested by Mr. Carter were not
required of the city.
Possible Action:
Award a contract for City-Wide Parks & Landscape Maintenance Services,
Project No. 17-RFP-PW-397, and authorize the City Administrator to
execute a five-year contract in the annual amount of $935,007 with Jensen
Landscape.
RESULT: APPROVE [UNANIMOUS]
MOVER: Fred Tovar, Council Member
SECONDER: Cat Tucker, Council Member
AYES: Velasco, Bracco, Harney, Leroe-Muñoz, Tovar, Tucker
C. Approval of Five Year Community Facilities District (CFD) Parks and
Landscape Maintenance Contract
The staff report was presented by Public Works Director Awoke.
There were no public comments.
Possible Action:
Award a contract for Community Facilities District Parks & Landscape
Maintenance Services, Project No. 17-RFP-PW-398, and authorize the City
Administrator to execute a five-year contract in the annual amount of
$262,477 with Alpine Landscapes of Gilroy.
RESULT: APPROVE [UNANIMOUS]
MOVER: Cat Tucker, Council Member
SECONDER: Peter Leroe-Muñoz, Council Member
AYES: Velasco, Bracco, Harney, Leroe-Muñoz, Tovar, Tucker
IX. PUBLIC HEARINGS - NONE
6.A
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City Council Meeting Minutes
1/8/2018
X. UNFINISHED BUSINESS
A. Adoption of an Ordinance of the City Council of the City of Gilroy to Add to
the Gilroy City Code Chapter 30, Article 54 Pertaining to the Ministerial
Approval of Accessory Dwelling Units and Amending the Gilroy City Code,
Chapter 30, Sections 30.2.20, 30.4.10, 30.4.20, 30.5.40, 30.11.10, 30.31.21,
30.39.10, and 30.39.30 (introduced 11/20/17 with a 4-3 vote; Council
Members Tovar, Leroe-Munoz and Tucker voting no)
There were no public comments.
Possible Action:
Motion to adopt Ordinance 2018-01 of the City Council of the City of Gilroy
to Add to the Gilroy City Code Chapter 30, Article 54 Pertaining to the
Ministerial Approval of Accessory Dwelling Units and Amending the Gilroy
City Code, Chapter 30, Sections 30.2.20, 30.4.10, 30.4.20, 30.5.40, 30.11.10,
30.31.21, 30.39.10, and 30.39.30.
RESULT: APPROVE [4 TO 2]
MOVER: Dion Bracco, Council Member
SECONDER: Daniel Harney, Council Member
AYES: Roland Velasco, Dion Bracco, Daniel Harney, Cat Tucker
NAYS: Peter Leroe-Muñoz, Fred Tovar
B. Appointment of Members to Boards, Commissions and Committees with
Member Terms Expired or Vacant as of 12/31/2017
The staff report was presented by City Clerk Freels.
There were no public comments.
Possible Action:
Appointment of Members to the Bicycle Pedestrian Commission, Building
Board of Appeals, Parks and Recreation Commission, Personnel
Commission, Physically Challenged Board of Appeals and Planning
Commission.
RESULT: APPROVE [UNANIMOUS]
MOVER: Fred Tovar, Council Member
SECONDER: Dion Bracco, Council Member
AYES: Velasco, Bracco, Harney, Leroe-Muñoz, Tovar, Tucker
XI. INTRODUCTION OF NEW BUSINESS
A. Consideration of a Recommendation from the Open Government
Commission to Amend Gilroy City Code Section 17A.24.3.b Related to the
Disclosure of Bid Records
Public comment was opened.
Bill O'Connor spoke in support of the proposal.
Public comment was then closed.
6.A
Packet Pg. 30 Communication: Minutes of the January 8, 2018 Regular Meeting (CONSENT CALENDAR (ROLL CALL VOTE))
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City Council Meeting Minutes
1/8/2018
Possible Action:
a) Motion to read the ordinance by title only and waive further reading;
and,
RESULT: APPROVE [UNANIMOUS]
MOVER: Dion Bracco, Council Member
SECONDER: Cat Tucker, Council Member
AYES: Velasco, Bracco, Harney, Leroe-Muñoz, Tovar, Tucker
City Clerk Freels read the ordinance title.
b) Motion to introduce an ordinance of the City Council of the City of Gilroy
amending Gilroy City Code Section 17A.24.3.b related to the disclosure
of Bid Records.
RESULT: APPROVE [UNANIMOUS]
MOVER: Dion Bracco, Council Member
SECONDER: Peter Leroe-Muñoz, Council Member
AYES: Velasco, Bracco, Harney, Leroe-Muñoz, Tovar, Tucker
XII. CITY ADMINISTRATOR'S REPORTS
City Administrator Gonzalez spoke on the work on 1st street and then highlighted the
schedule for the strategic planning session announcing that the first full day would begin
at 8:30 a.m. on February 10th, and the second half-day would be held at 12:30 p.m. on
February 16th.
XIII. CITY ATTORNEY'S REPORTS
City Attorney Faber announced that former Gilroy City Attorney Linda Callon had
passed away the prior Saturday night, and he then provided inform ation on the funeral
services for her.
ADJOURNMENT
The meeting was adjourned at 8:25 p.m.
/s/ Shawna Freels, MMC
City Clerk
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Packet Pg. 31 Communication: Minutes of the January 8, 2018 Regular Meeting (CONSENT CALENDAR (ROLL CALL VOTE))
City of Gilroy
STAFF REPORT
Agenda Item Title: Adoption of an Ordinance of the City Council of the City of Gilroy
Amending Gilroy City Code Section 17A.24.3.b Related to the
Disclosure of Bid Records (introduced 1/8/18 with a 6 -0 vote)
Meeting Date: January 22, 2018
From: Gabriel Gonzalez, City Administrator
Department: City Clerk
Submitted By: Shawna Freels
Prepared By: Shawna Freels
Jolie Houston
Strategic Plan Goals
☐ Financially Sustainable
and High Performing
☐ Livable Community ☐ Grow the Economy
☐ Upgrade Infrastructure ☐ Vibrant Downtown
RECOMMENDATION
Motion to adopt an Ordinance of the City Council of the City of Gilroy amending
Gilroy City Code Section 17A.24.3.b related to the disclosure of Bid Records.
BACKGROUND
Gilroy City Code section 17A.24, part of the City’s Open Government Ordinance
(“OGO”), specifies the records and information of the City that must be disclosed and
provided for public inspection. Subsection 17A.24 (3) (b) identifies that contractor
records including bids, requests for proposals (“RFPs”) and scoring records are
disclosable public records, including the names of scorers, graders or evaluators.
At their September 28, 2017 regular meeting the Open Government Commission
evaluated the issue of disclosing the names of scorers, graders or evaluators and
recommended amendments to subsection 17A.24 (3) (b) to remove language which
would provide identification of evaluators.
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The Commission’s concern is for the protection of evaluators as disclosing names may
stymie an accurate evaluation, or discourage staff and outside evaluators from
participating in the process of bid evaluation.
CONCLUSION
The City Council introduced the ordinance amendment at the January 8, 2018 regular
meeting with a unanimous vote.
Attachments:
1. Ordinance Chapter 17A 24 Bids - OGO v1
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ORDINANCE NO. 2018-XX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GILROY AMENDING GILROY CITY CODE CHAPTER 17A,
SECTION 17A.24 (3) (b) PERTAINING TO GAINING ACCESS TO
CONTRACT, BID AND PROPOSAL RECORDS
WHEREAS, Gilroy City Code, Chapter 17A, Section 17A.24, part of the City’s Open
Government Ordinance (“OGO”), specifies the records and information of the City that must be
disclosed and provided for public inspection; and,
WHEREAS, Subsection 17A.24 (3) (b) of the Gilroy City Code identifies that contractor
records including bids, requests for proposals (“RFPs”) and scoring records are disclosable public
records, including the names of scorers, graders or evaluators; and
WHEREAS, ; and
WHEREAS, on September 28, 2017, the Open Government Commission evaluated the issue of
disclosing the names of scorers, graders or evaluators and recommended amendments to subsection
17A.24 (3) (b) to remove language which would provide identification of evaluators, for their
protection; and
WHEREAS, on November 20, 2017, the City Council reviewed the Open Government
Commission’s recommendations and considered adoption of the amendment; and
WHEREAS, the subject ordinance amendment is covered under Section 15061(b)(3) o f the
California Environmental Quality Act (CEQA) Guidelines as an activity that can be seen with certainty
to have no possibility for causing a significant effect on the environment.
Now, therefore, the City Council of the City of Gilroy does hereby ordain as follows:
SECTION I
Gilroy City Code, Chapter 17A, Section 17A.24 subsection (3) (b) is hereby amended to read as
follows:
(3) Contracts, Bids and Proposals.
b. Contracts, contractors’ bids, responses to requests for proposals and all other records of
communications between the department and persons or firms seeking contracts shall be open to
inspection immediately after a contract has been awarded. Nothing in this provision requires the
disclosure of a private person’s or organizations net worth or other proprietary financial data submitted
for qualification for a contract or other benefit. All bidders and contractors shall be advised that
information provided which is covered by this section will be made available to the public upon
6.B.a
Packet Pg. 34 Attachment: Ordinance Chapter 17A 24 Bids - OGO v1 [Revision 2] (1540 : Bid PRA Records)
2
ORDINANCE NO. 2018-XX
request. Immediately after any review or evaluation or rating of responses to a RFP has been
completed, evaluation forms and score sheets and any other documents used by persons in the RFP
evaluation or contractor selection process shall be available for public inspection. The individual
ratings, comments, and score sheets or comments on related documents, shall be made immediately
available after the review or evaluation of a RFP has been completed.
SECTION III
If any section, subsection, subdivision, sentence, clause or phrase of this Ordinance is for any reason
held to be unconstitutional or otherwise void or invalid by any court of competent jurisdiction, such
decision shall not affect the validity of the remaining portions of this Ordinance. The City Council
hereby declares that it would have passed this Ordinance and each section, subsection, subdivision,
sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections,
subdivisions, sentences, clauses or phrases be declared 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 this day of January, 2018, by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
APPROVED:
_________________________
Roland Velasco, Mayor
ATTEST:
_______________________________
Shawna Freels, City Clerk
6.B.a
Packet Pg. 35 Attachment: Ordinance Chapter 17A 24 Bids - OGO v1 [Revision 2] (1540 : Bid PRA Records)
6.C
Packet Pg. 36 Communication: Recognition of Chamber of Commerce 2018 Spice of Life Awardees: Gary Walton, Lupe Lopez, Noah Concrete, Cafe 152 Bread
6.C
Packet Pg. 37 Communication: Recognition of Chamber of Commerce 2018 Spice of Life Awardees: Gary Walton, Lupe Lopez, Noah Concrete, Cafe 152 Bread
6.C
Packet Pg. 38 Communication: Recognition of Chamber of Commerce 2018 Spice of Life Awardees: Gary Walton, Lupe Lopez, Noah Concrete, Cafe 152 Bread
6.C
Packet Pg. 39 Communication: Recognition of Chamber of Commerce 2018 Spice of Life Awardees: Gary Walton, Lupe Lopez, Noah Concrete, Cafe 152 Bread
City of Gilroy
STAFF REPORT
Agenda Item Title: Consideration of an Amendment to the Community Development
Block Grant Five Year Consolidated Plan 2015-2020 and Annual
Action Plans for Program Years 2014-2015, 2015-2016, 2016-2017
and 2017-2018
Meeting Date: January 22, 2018
From: Gabriel Gonzalez, City Administrator
Department: Community Development Department
Submitted By: Kristi Abrams
Prepared By: Kristi Abrams
Jim Carney
Strategic Plan Goals
☐ Financially Sustainable
and High Performing
Livable Community ☐ Grow the Economy
☐ Upgrade Infrastructure ☐ Vibrant Downtown
RECOMMENDATION
Approval of Amendment to the FY 2014-2015 Annual Action Plan, Substantial
Amendment to the Five Year 2015-2020 Consolidated Plan, Amendment to the FY
2015-2016 Annual Action Plan, Amendment to the 2016-17 Annual Action Plan, and
Amendment to the 2017-18 Annual Action Plan.
EXECUTIVE SUMMARY
It is necessary to amend the above cited Community Development Block Grant (CDBG)
documents in order for the City of Gilroy to expend its allocation of CDBG funds in a
timely manner pursuant to federal regulations. The proposed changes will help to meet
the regulations for timeliness of CDBG expenditures.
In May 2017, the Federal Department of Housing and Urban Development (HUD)
conducted a review of the Gilroy’s CDBG program expenditure rate and found that it
had CDBG funds of $958,088 on hand for the years FY2014-15 to FY 2017-18. HUD’s
review found that the City’s maximum rate of expenditure exceeded HUD’s cap of
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1.50%. At that time of the review Gilroy’s CDBG expenditure rate was at 2.10% of funds
on hand. Therefore, HUD required that Gilroy expend $267,543 of its CDBG funds on
hand by May 1, 2018 in order to achieve the required 1.50% cap. The recommended
substantial amended changes the CDBG allocations for the years FY2014-15 to FY
2017-18 to allow the City to meet the HUD spending rate for its CDBG allocated funds
on hand.
ANALYSIS
Gilroy’s CDBG annual funded allocations, drawdown expenditures and annual ba lances
for the years FY2014-FY2015 thru FY2017-FY2018 are as follows:
Fiscal Year Allocation Drawdown Balance
FY2014-15 $364,507 $648,438* $ 58,715
FY2015-16 $424,560 $211,293 $213,267
FY2016-17 $469,943 $200,000 $269,943
FY2017-18 $460,364 $200,000 $260,364
Program Income (Approximate) $ 44,200
Total unexpended funds per HUD Nov 2017 $846,489
(*includes unspent funds prior to FY2014-15)
The existing Council approved and proposed (Council request) reallocations of the
unexpended CDBG funds as follows:
FY 2014-15 Balance $58,715
$48,468 existing to complete capital improvements for San Ysidro Park
$10,247 proposed to complete capital improvements for Las Animas Park
FY 2015-16 Balance of $213,267
$213,267 proposed to complete capital improvements for Las Animas Park
FY 2016-17 Balance $269,943
$169,943 proposed to complete capital improvements for Las Animas Park
Proposed Housing Rehabilitation Cherry Blossom low income rental and property
improvements add $100,000
FY 2017-18 Balance of $260,364 allocation + $40,000 estimated program income
Existing Administration 20% cap adjusted down by $5,139
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Existing Public Service 15% cap adjusted down by $844
The recommended plan to meet the CDBG spending obligations is detailed above. For
example, in the 2014-2015 program year, there is an unspent $58,713 balance of
CDBG funded capital improvements for the San Ysidro Park project. Of this amount,
$42,841 will be used to complete the San Ysidro Park project and the remaining
$15,874 is recommended to pay for capital improvements for the pending Las Animas
Park project. Further, unspent CDBG funds from the 2015 -2016 and 2016-2017
programs are recommended for reallocation to Las Animas Park upgrades.
Additional amendments are recommended for the current 2017-2018 CDBG program
year, primarily to clarify allocated amounts previously approved. $100,000 is proposed
for reconstruction of one low-income rental unit at the Cherry Blossom, currently vacant
due to code issues, and other building upgrades in the City-owned Cherry Blossom
property, located at 7259 Monterey Street. The Cherry Blossom is a mixed use building
with three first floor commercial units, seven below market rate residential rental units
and one first floor residential unit with numerous code violations that were in place when
the City foreclosed on the property.
In addition, City housing staff is working with its non-profit and other sub-grantees to be
sure they expend their allocated CDBG public service funds and submit reimbursement
requests in a timely manner.
By moving forward with the recommended spending plan in an expedited manner for
projects and activities, especially the capital improvement projects such as the Las
Animas Park improvements and rehabilitation of the Cherry Blossom property, the City
will be in position to submit a funding drawdown request as soon as possible. This will
allow the City to be in a better position by May 1, 2018 to meet the HUD timeliness cap
for the CDBG program and demonstrate the City is diligently moving as quickly as
possible to meet the HUD timeframe.
The consequences of not meeting, or making a significant effort to comply with, the
HUD timeliness rule could result in future CDBG funding being reduced or not allocated
to the City of Gilroy. The loss of CDBG funds would have a negative impact on the
ability of the City and community to address low and very low-income families and
individual needs in Gilroy, such as support for affordable housing, rehabilitation of older
homes, capital improvements of public facilities in the Neighborhood Revitalization
Strategy Area, code enforcement efforts, and non-profit provided public services.
FISCAL IMPACT/FUNDING SOURCE
There is not a fiscal impact to the City from the amendment. However, if the amendment
is not approved and the expenditures not made, there may be a negative impact to
future HUD allocated CDBG funds to the City of Gilroy as a federal entitlement recipient.
The current annual CDBG allocation is $460,364, plus estimated $54,000 in Program
Income.
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CONCLUSION
City Council approval of the proposed staff recommendations allow the City to continue
receiving federal funding to address critical needs of the low and very income residents
of Gilroy as well as ensure improvements to city parks, located in the Neighborhood
Revitalization Strategy Area.
NEXT STEPS
Should the City Council approve the recommended CDBG changes to the projects and
activities outlined herein, housing staff will work with finance staff to make the
necessary adjustments to the City budget, and work with local non -profits and
contractors to implement awarded contracts in a timely manner.
PUBLIC OUTREACH
The City conducted an extensive outreach effort including holding a public meeting in
the creation of the Five Year 2015-2020 Consolidated Plan as well for each of the
Annual Action Plans from 2014-2015 to the current 2017-2018 plan. The Gilroy
Community and Neighborhood Revitalization Committee will review the recommended
CDBG reallocations on Wednesday, January 17, 2017 and their comments will be
reported at the January 22 Council meeting.
The subject recommendations were identified in the Notice of Public Hearing for the City
Council meeting on January 22, 2018 in the San Jose Mercury News and posted at City
Hall and the City Library. A Spanish language version of the Notice of Public Hearing
was posted in those locations as well. Copies of the CDBG documents referenced
herein are available for public review at the Gilroy Community Development Department
counter.
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City of Gilroy
STAFF REPORT
Agenda Item Title: Award of Construction Contract for the Las Animas Park Trail
Rehabilitation Project No. 18-PW -247 and Approval of Contingency
Funding
Meeting Date: January 22, 2018
From: Gabriel Gonzalez, City Administrator
Department: Public Works Department
Submitted By: Girum Awoke
Prepared By: Girum Awoke
Christine Salmo
Strategic Plan Goals
☐ Financially Sustainable
and High Performing
☐ Livable Community ☐ Grow the Economy
Upgrade Infrastructure ☐ Vibrant Downtown
RECOMMENDATION
a) Award a contract for construction of the CDBG Las Animas Veterans Memorial
Park Pathway Rehabilitation Project, Project No. 18-PW -247 to Precision Grade,
Inc. in an amount not to exceed $257,298, add alternatives of $7 0,992, and
authorize the City Administrator to execute the contract and related documents;
and,
b) Approve contingency funding of $32,516 for unforeseen field conditions and/or
additional work necessary to complete the project.
BACKGROUND
The Las Animas Park located in the Neighborhood Revitalization Strategy Area (NRSA),
needs upgraded park pathways to provide Americans for Disability Act (ADA) compliant
accessibility, as well as improvements to irrigation, re-sodding grass areas and other
site work. It is recommended to utilize Gilroy’s allocation of Community Development
Block Grant (CDBG) funds to complete the project scope of work. The CDBG capital
improvements funding allocation for this project is scheduled for Council consideration
of approval on January 22, 2018.
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PROJECT DESCRIPTION
The project involves removal of old asphalt and/or gravel pathways, pathway
excavation, and construction of new ADA accessible concrete pathways and access
ramps at various locations in Las Animas Veteran’s Memorial Park, revision of the
existing irrigation system to avoid irrigating the new pathway, re-sodding existing grass
areas disturbed by construction activities, conforming to other existing improvements
and other related site work. The design was completed in -house by engineering staff.
The project was advertised in the Gilroy Dispatch and San Jose Mercury News, as well
as on eBidBoard (an electronic plan room). Plans and specifications were sent to 19
plan rooms.
Bid Results
Project bids were opened December 29, 2017, and 5 bids were received. The 5 bids
received were as follows, listed in order from lowest to highest bid amount:
RANK COMPANY NAME BID AMOUNT
1 Precision Grade, Inc. $254,166.00
2 Premier Builders, Inc. $280,071.00
3 Golden Bay Construction, Inc. $308,495.00
4 FBD Vanguard Construction, Inc. $387,895.00
5 Yerba Buena Engineering & Construction, Inc. $692,770.00
The lowest bidder was determined based on the amount of their respective base bid.
The lowest responsive bidder is Precision Grade, I nc. with a base bid of $254,166.00.
The Engineer’s Estimate for the base bid was $282,490.
Alternate bid items 11A (additional pathway) and 12A (concrete pathway connection
between new concrete pathway and concrete pads for 3 picnic/BBQ areas) were also
put out to bid. Staff recommends that Bid Alternate 11A in the amount of $67,860 and
Bid Alternate 12A in the amount of $3,132 also be awarded.
The total project cost amounts to $402,059 which is broken out as follows:
Cost Category Amount
Cost Category Amount
Base Construction
Bid $254,166
Construction
Management $44,385
Add Alternate 1
and 2 $70,992
Subtotal $325,158
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10% Contingency $32,515.80
Total 1 $357,674 Total 2 $44,385
Project Total = $402,059
The contingency amounts are intended to account for unforeseen conditions or
necessary field changes in the scope of work as submitted to the Council for
consideration. Council’s approval of the contingency budget specifically authorizes the
Public Works Director to execute contract change orders in amounts up to and including
the contingency amount approved by Council for this project if under $50,000 , or by the
City Administrator if under $100,000.
FISCAL IMPACT/FUNDING SOURCE
The fiscal impact from awarding this project and the construction contingency totals
$357,674. This project is funded with CDBG grant funds programmed for capital
improvements in an amount of $396,497, and City funds in the amount of $5,562
budgeted for pathways in parks.
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City of Gilroy
STAFF REPORT
Agenda Item Title: Las Animas Park Trail Rehabilitation Construction Management
Services Contract
Meeting Date: January 22, 2018
From: Gabriel Gonzalez, City Administrator
Department: Public Works Department
Submitted By: Girum Awoke
Prepared By: Girum Awoke
Christine Salmo
Strategic Plan Goals
☐ Financially Sustainable
and High Performing
☐ Livable Community ☐ Grow the Economy
Upgrade Infrastructure ☐ Vibrant Downtown
RECOMMENDATION
Award a contract to TRC doing business as Caltrop for Construction Management
Services in the not to exceed amount of $44,385.00 , and authorize the Public Works
Director to execute the contract and related documents.
BACKGROUND
The Las Animas Park, located in the Neighborhood Revitalization Strategy Area
(NRSA), needs upgraded park pathways to improve Americans for Disability Act (ADA)
compliant accessibility, as well as improvement to the irrigation, re-sodding grass areas
and other site work. It is recommended to utilize Gilroy’s Community Development
Block Grant (CDBG) funds to complete the project scope of work. The CDBG capital
improvements funding allocation for this project is scheduled for Council consideration
of approval on January 22, 2018.
A request for proposal for Construction Management Services was sent to one of the
pre-approved Construction Management consultants from the list approved by Council
on December 4, 2017.
ANALYSIS
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Specific activities related to the construction management and inspection covered in the
contract will include:
• Performing daily on-site inspection of the project for compliance with contract
documents and documenting all of the work performed under the contract.
• Coordination with utility companies and public outreach, as well as traff ic
control.
• Support includes evaluations, inspection, and recommendations for changes
that may be needed to accommodate successful completion of the project.
• Services will include review of and recommendations for Requests For
Information (RFI), contract change orders, contractor submittals, plans and
calculations, and onsite technical support during construction operations.
• Perform certified materials testing by Pacific Crest (DBE) in compliance with
state and all federal standards of testing, including the California Test
Methods (CTM) and American Standards for Testing and Materials (ASTM)
specifications as required.
FISCAL IMPACT/FUNDING SOURCE
The fiscal impact for the construction management effort is $44,385. A separate report
is submitted for approval of construction bids and contingency in the amount of
$357,674. This project is funded with CDBG grant funds programmed for capital
improvements.
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City of Gilroy
STAFF REPORT
Agenda Item Title: Consideration of an Appointment to Fill a Vacancy on the City
Council Until a Successor is Elected at the Next General Municipal
Election of November 6, 2018
Meeting Date: January 22, 2018
From: Gabriel Gonzalez, City Administrator
Department: City Clerk
Submitted By: Shawna Freels
Prepared By: Shawna Freels
Strategic Plan Goals
☐ Financially Sustainable
and High Performing
☐ Livable Community ☐ Grow the Economy
☐ Upgrade Infrastructure ☐ Vibrant Downtown
RECOMMENDATION
1. Review applications, interview candidates and appoint a member to fill the
vacancy until a successor is elected at the next general municipal election of
November 6, 2018; or
2. Review applications and schedule a future date to interview candidates and
appoint to fill the vacancy.
BACKGROUND
Following the unfortunate passing of Council Member Paul Kloecker on December 15,
2017, his Council seat with a term ending in November, 2020 became vacant. In
accordance with Charter Section 406 “Vacancies” the Council declared the existence of
a vacancy and opened a recruitment period to fill the vacancy by appointment. Any
appointment must be made within 30 days of the date the vacancy was declared on
January 8, 2018 and must take place no later than February 7, 2018, to avoid causing a
special election to occur.
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The recruitment to fill this vacant seat was publicized beginning on January 8, 2018 on
the City’s website, and was also publicized on channel 17, through all City social media
outlets and within City offices.
CONCLUSION
Applications have been submitted and the City Council has the options of interviewing
applicants and appointing a member to Council at this evenings meeting, or reviewing
all applications and scheduling a future date for interview and appointment.
Applicants are:
• Tom Fischer
• Reid Lerner
• Amanda Rudeen
• Marie Blankley
Attachments:
1. Tom Fischer_Redacted
2. Reid Lerner_Redacted
3. Amanda Leah Rudeen_Redacted
4. Marie Blankley_Redacted
9.A
Packet Pg. 50
9.A.a
Packet Pg. 51 Attachment: Tom Fischer_Redacted (1549 : 2018 Council Vacancy Interviews)
9.A.a
Packet Pg. 52 Attachment: Tom Fischer_Redacted (1549 : 2018 Council Vacancy Interviews)
9.A.a
Packet Pg. 53 Attachment: Tom Fischer_Redacted (1549 : 2018 Council Vacancy Interviews)
9.A.a
Packet Pg. 54 Attachment: Tom Fischer_Redacted (1549 : 2018 Council Vacancy Interviews)
9.A.a
Packet Pg. 55 Attachment: Tom Fischer_Redacted (1549 : 2018 Council Vacancy Interviews)
9.A.b
Packet Pg. 56 Attachment: Reid Lerner_Redacted (1549 : 2018 Council Vacancy Interviews)
9.A.b
Packet Pg. 57 Attachment: Reid Lerner_Redacted (1549 : 2018 Council Vacancy Interviews)
9.A.b
Packet Pg. 58 Attachment: Reid Lerner_Redacted (1549 : 2018 Council Vacancy Interviews)
9.A.c
Packet Pg. 59 Attachment: Amanda Leah Rudeen_Redacted (1549 : 2018 Council Vacancy Interviews)
9.A.c
Packet Pg. 60 Attachment: Amanda Leah Rudeen_Redacted (1549 : 2018 Council Vacancy Interviews)
9.A.c
Packet Pg. 61 Attachment: Amanda Leah Rudeen_Redacted (1549 : 2018 Council Vacancy Interviews)
9.A.c
Packet Pg. 62 Attachment: Amanda Leah Rudeen_Redacted (1549 : 2018 Council Vacancy Interviews)
9.A.d
Packet Pg. 63 Attachment: Marie Blankley_Redacted (1549 : 2018 Council Vacancy Interviews)
9.A.d
Packet Pg. 64 Attachment: Marie Blankley_Redacted (1549 : 2018 Council Vacancy Interviews)
9.A.d
Packet Pg. 65 Attachment: Marie Blankley_Redacted (1549 : 2018 Council Vacancy Interviews)
9.A.d
Packet Pg. 66 Attachment: Marie Blankley_Redacted (1549 : 2018 Council Vacancy Interviews)
9.A.d
Packet Pg. 67 Attachment: Marie Blankley_Redacted (1549 : 2018 Council Vacancy Interviews)
City of Gilroy
STAFF REPORT
Agenda Item Title: Appointment to One Vacancy on the Youth Commission
Meeting Date: January 22, 2018
From: Gabriel Gonzalez, City Administrator
Department: City Clerk
Submitted By: Shawna Freels
Prepared By: Shawna Freels
Strategic Plan Goals
☐ Financially Sustainable
and High Performing
☐ Livable Community ☐ Grow the Economy
☐ Upgrade Infrastructure ☐ Vibrant Downtown
RECOMMENDATION
Appoint a member to fill one open seat on the Youth Commission with a te rm ending
9/30/18.
BACKGROUND
The City has received a resignation from a seated member of the Youth Commission for
a seat with a term ending 9/30/2018. Eight of the prior applicants who applied in the
summer are interested in the open seat and two additional youth submitted applications
during a 4 week recruitment period. The Council interviewed applicants at your January
8, 2018 meeting.
CONCLUSION
Staff recommends the Council select one member to serve on the Youth Commission
for the term ending 9/30/2018.
Attachments:
1. 2018 Youth Commission
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Youth Commission applicants
Name Grade Age Incumbent
(Y/N)
Areana Correa 11 16 N
Andrew Dinh 11 16 N
Brodie C. Donohue 8 13 N
Gavin Jampani 11 16 N
Ciara Mullen 11 16 N
Ethan Pace 9 14 N
Frida Arias Rivera 12 17 N
Vikash Sabharwal 9 14 N
Cesar Ty Torrico 10 15 N
Jane Tovar 10 15 N
Kathryn Ann Weber 11 16 N
Gabriel H Weisbrich 8 13 N
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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 Amendments to Article 30.35 of the Gilroy City Code
Entitled “Wireless Telecommunications, Antennas and Windmills”
and Article 30.45 of the Gilroy City Code Entitled “General
Regulations” Relating to the Installation of Wireless
Telecommunication Facilities (introduced 12/4/17 with a 5-1-1 vote;
Council Member Harney voting no and Council Member Kloecker
absent)
Meeting Date: January 22, 2018
From: Gabriel Gonzalez, City Administrator
Department: Community Development Department
Submitted By: Kristi Abrams
Prepared By: Kristi Abrams
Stan Ketchum
Strategic Plan Goals
☐ Financially Sustainable
and High Performing
☐ Livable Community ☐ Grow the Economy
☐ Upgrade Infrastructure ☐ Vibrant Downtown
RECOMMENDATION
Motion to adopt an ordinance of the City Council of the City of Gilroy adopting
amendments to Article 30.35 of the Gilroy City Code Entitled “W ireless
Telecommunications, Antennas and W indmills” and Article 30.45 of the Gilroy City Code
entitled “General Regulations” relating to the installation of wireless telecommunication
facilities.
BACKGROUND
At a meeting on December 4, 2017, the City Council voted 5-1-1, with Council Member
Harney voting no, and Council Member Kloecker absent, to introduce an ordinance
amending Chapter 30 of the Gilroy City Code pertaining to the installation of wireless
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telecommunications facilities, consistent with state law. December 4, 2017, staff report
of this item is attached.
Attachments:
1. 30.35 - 45 Wireless Ordinance
2. City Council Staff Report (Acela)
3. 12/4/17 City Council Staff Agenda Report (report only)
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ORDINANCE NO. 2018-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GILROY ADOPTING AMENDMENTS TO ARTICLE 30.35 OF
THE GILROY CITY CODE ENTITLED “WIRELESS
TELECOMMUNICATIONS, ANTENNAS AND WINDMILLS”,
AND ARTICLE 30.45 OF THE GILROY CITY CODE ENTITLED
“GENERAL REGULATIONS” RELATING TO THE
INSTALLATION OF WIRELESS TELECOMMUNICATION
FACILITIES
WHEREAS, Gilroy City Code, Chapter 30, Article 30.35 pertains to Wireless
Telecommunication Facilities requirements and the federal and state government governments
have adopted legislation that requires amendments to Section 30.35;
WHEREAS, the City Council of the City of Gilroy has considered the zoning code
amendment request (Z 17-05), in accordance with the Gilroy Zoning Ordinance, and other
applicable standards and regulations; and
WHEREAS, the Planning Commission of the City of Gilroy held a noticed public
hearing on September 7, 2017 to consider the request and reviewed written materials and oral
comments related to the proposed code amendments and recommended that the City Council
deny Z17-05; and
WHEREAS, the City Council of the City of Gilroy held a noticed public hearing on
October 2, 2017 to consider the request and reviewed written materials and oral comments
related to the proposed code amendments; and
WHEREAS, the subject ordinance amendment is covered under Section 15061(b)(3) of
the California Environmental Quality Act (CEQA) Guidelines as an activity that can be seen
with certainty to have no possibility for causing a significant effect on the environment; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION I
That Gilroy City Code, Chapter 30, Article 35 is amended to read as follows:
30.35.10 Purpose and intent.
The purpose and intent of this article is to provide a uniform and comprehensive set of standards
for the development, siting, installation and operation of wireless telecommunications antennas
and related facilities (“wireless telecommunication facilities”) for personal wireless services.
These regulations are designed to protect and promote public safety and community welfare, to
preserve the visual character of the city, to establish development standards that are consistent
with federal law related to the development of wireless telecommunication transmission
facilities, to acknowledge the community benefit associated with the provision of wireless
telecommunication services within the city, and to provide incentives for well-designed and well
placed facilities.
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ORDINANCE NO. 2018-XX
(a) The objectives of this article include but are not limited to the following:
(1) General Order 159A of the Public Utilities Commission (PUC) of the State of
California acknowledges that local citizens and local government are often in a better
position than the PUC to measure local impact and to identify alternative sites.
Accordingly, the PUC will generally defer to local governments to regulate the location
and design of cell sites, wireless telecommunication facilities and mobile telephone
switching offices (MTSOs) including (a) the issuance of land use approvals, (b) acting as
lead agency for purposes of satisfying the California Environmental Quality Act (CEQA),
and (c) the satisfaction of noticing procedures for both land use and CEQA procedures;
(2) Foster an aesthetically pleasing urban environment, prevent visual blight, protect and
preserve public safety and general welfare, and maintain the character of residential and
adjacent neighborhood commercial areas consistent with the adopted general plan and
specific plans and in compliance with applicable state and federal legislation;
(3) Establish and maintain telecommunications facilities that are components of a wireless
telecommunications infrastructure designed to enhance the city’s emergency response
network and do not interfere with such emergency systems in violation of applicable
federal or state regulations;
(4) Establish a process for obtaining necessary permits for wireless telecommunication
facilities that provides greater certainty to both applicants and interested members of the
public while ensuring compliance with all applicable zoning requirements;
(5) Because wireless telecommunications antennas and related facilities for cellular and
mobile phones and personal communications systems are a commercial use that are usually
separate from and are rarely accessory to the primary use of a parcel, to dissuade locating
such facilities in residentially zoned districts unless (a) such location is necessary to
provide personal wireless services to residents and businesses in the City of Gilroy, or their
owners, customers, guests, or invitees, or other persons traveling in or about the City of
Gilroy, (b) the wireless telecommunications facilities are designed to interfere as little as
possible with the character of the neighborhood, and (c) another feasible alternative site or
sites exist that can provide comparable services individually or in combination, as
evidenced by a report provided by the applicant;
(6) Provide opportunities for further reduction in potential aesthetic or land use impacts of
wireless telecommunications facilities as changes in technology occur; and
(7) Promote the use of wireless telecommunications technology, where appropriate and
within the scope of available resources, to enhance the economic vitality of the city of
Gilroy.
(8) Comply with applicable State and Federal laws, including the 1996
Telecommunications Act and Section 6409 (a) of the Middle Class Tax Relief and Job
Creation Act of 2012.
30.35.11 Definitions.
“Amortize” means the period of time necessary to secure full value of the legal owner’s
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ORDINANCE NO. 2018-XX
investment in the wireless telecommunication equipment pursuant to the regulations of generally
accepted accounting principles (“GAAP”) as established by the American Institute of Certified
Public Accountants (AICPA).
“Antennas” means any system of wires, poles, rods, reflecting discs, dishes, flat panels, or
similar devices, including “whip antennas,” attached to a telecommunications tower, mast or
other structure, which in combination with the radio-frequency radiation generating equipment
associated with a base station are used for the transmission or reception of electromagnetic
waves.
“Base station” means the structure and equipment at a fixed location that enables Federal
Communications Commission (FCC)-licensed or authorized wireless communications between
user equipment and a communication network. It includes, but is not limited to, utility poles,
light standards, traffic signals, buildings, and other structures that currently house
communication equipment as long as it received the applicable regulatory approvals, even if the
structure was not built for the sole or primary purpose of providing such support. primary
sending and receiving site in a wireless telecommunications network, including all radio
frequency generating equipment connected to antenna. More than one (1) base station and/or
more than one (1) variety of telecommunications providers can be located on a single tower or
structure.
“Cellular service” means a wireless telecommunications service that permits customers to use
mobile telephones and other communication devices to connect, via low-power radio transmitter
sites, either to the public-switched telephone network or to other fixed or mobile communication
devices.
“Channel” means the segment of the radiation spectrum from an antenna, which carries one (1)
signal. An antenna may radiate on many channels simultaneously.
“Collocation” or “co-located facility” means the mounting or installation of transmission
equipment on an existing wireless tower or base station for the purpose of transmitting and/or
receiving radio frequency signals for communication purposes. when more than one (1) wireless
service provider share a single wireless communication facility. A co-located facility can be
comprised of a single tower, mast/pole or building that supports two (2) or more antennas,
dishes, or similar wireless communication devices, that are separately owned or used by more
than one (1) public or private entity. Collocation can consist of additions or extensions made to
existing towers so as to provide enough space for more than one (1) user, or it can involve the
construction of a new replacement tower with more antenna space that supplants an older tower
with less capacity. Placing new wireless telecommunication facilities/antennas upon existing or
new PG&E or other utility towers or poles (e.g., “microcell” sites) is also considered collocation.
“Communication equipment shelter” means a structure located at a base station designed
principally to enclose equipment used in connection with telecommunication transmissions.
“dBm” means a unit of measure of the power level of an electromagnetic signal expressed in
decibels referenced to one (1) milliwatt.
“Dish antenna” means any device incorporating a reflective surface that is solid, open mesh, or
bar configured that is shallow dish, cone, horn, or cornucopia-shaped and is used to transmit
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and/or receive electromagnetic signals.
“Equipment building, shelter or cabinet” means a cabinet or building used to house equipment
used by wireless telecommunication providers at a facility.
“FAA” means Federal Aviation Administration.
“FCC” means Federal Communications Commission, the government agency responsible for
regulating telecommunications in the United States.
“GHz” means gigahertz—one billion (1,000,000,000) hertz.
“Ground-mounted wireless telecommunication facility” means any antenna with its base placed
directly on the ground, or that is attached to a mast or pipe.
Hertz. One (1) hertz is a unit of measurement of an electric or magnetic field, which reverses its
polarity at a frequency of once per second (i.e., one (1) cycle or wavelength per second).
Major modification to power output” means any of the following resulting in an increase in the
wireless communication facility’s power output and/or increase in the intensity or change in the
directionality of NIER propagation patterns: increase or intensification, or proposed increase or
intensification, in power output or in size or number of antennas; repositioning of antenna(s);
change in number of channels per antenna above the maximum number previously approved by
the City of Gilroy, including changes to an y/all RF-generating equipment/componentry that are
attached to antennas.
“Major modification to visual impact” means any increase or intensification, or proposed
increase or intensification, in dimensions of an existing and/or permitted wireless
communications facility (including, but not limited to, its telecommunications tower or other
structure designed to support telecommunications transmission, receiving and/or relaying
antennas and/or equipment) resulting in an increase of the visual impact of said wireless
communications facility.
“MHz” means megahertz—one million (1,000,000) hertz.
“Microcell site” means a small radio transceiver facility comprised of an unmanned equipment
cabinet with a total volume of one hundred (100) cubic feet or less that is either under or
aboveground, and one (1) omni-directional whip antenna with a maximum length of five (5) feet,
or up to three (3) small (approximately one (1) foot by two (2) feet or one (1) foot by four (4)
feet) directional panel antennas, mounted on a single pole, an existing conventional utility pole,
or some other similar support structure.
“MMDS” means multichannel, multipoint distribution services (also known as “wireless cable”).
“Monitoring” means the measurement, by the use of instruments in the field, of radio-
frequency/nonionizing radiation exposure at a site as a whole, or from individual wireless
telecommunication facilities/towers/antennas/repeaters.
“Monitoring protocol” means an industry accepted radio-frequency (RF) radiation measurement
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ORDINANCE NO. 2018-XX
protocol used to determine compliance with FCC RF radiation exposure standards, in accordance
with the National Council on Radiation Protection and Measurements Reports 86 and 119 and
consistent with the RF radiation modeling specifications of OET Bulletin 65 (or any superseding
reports/standards), which is to be used to measure the emissions and determine radio-frequency
radiation exposure levels from existing and new telecommunications facilities. RF radiation
exposure measurements are to be taken at various locations, including those from which public
RF exposure levels are expected to be the highest.
“Monopole” means a single pole-structure erected on the ground to support one (1) or more
wireless telecommunication antennas and connecting appurtenances.
“MTSOs” means mobile telephone switching offices.
“Nonionizing electromagnetic radiation (NIER)” means radiation from the portion of the
electromagnetic spectrum with frequencies of approximately one million (1,000,000) GHz and
below, including all frequencies below the ultraviolet range, such as visible light, infrared
radiation, microwave radiation, and radio frequency radiation.
“Nonmajor modification or maintenance activity” means a modification that is not a major
modification to power output and is not a major modification to visual impact, or a maintenance
activity that does not result in a major modification to power output or a major modification to
visual impact.
PCS—personal communications services” means digital wireless telecommunications
technology such as portable phones, pagers, faxes and computers. Also known as personal
communications network (PCN).
“PUC” or “CPUC” means California Public Utilities Commission
“PUD” means planned unit development
“Personal wireless services—commercial” means mobile services, unlicensed wireless services,
and common carrier wireless exchange access services. These services include: cellular services,
personal communication services, specialized mobile radio services, and paging services.
“PUC” or “CPUC” means California Public Utilities Commission.
“PUD” means planned unit development.
“Public Works Director” means the department head for the city’s public works department, or
the person designated to act for purposes of this article XXXV.
“Radio-frequency (RF) radiation” means radiation from the portion of the electromagnetic
spectrum with frequencies below the infrared range (approximately one hundred (100) GHz and
below), including microwaves, television VHF and UHF signals, radio signals, and low to ultra-
low frequencies.
“Repeater” means a small receiver/relay transmitter of relatively low power output designed to
provide service to areas that are not able to receive adequate coverage directly from a base or
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primary station.
“Significant gap” means a gap in the service provider’s (applicant carrier’s) own personal
wireless services network within the City of Gilroy, as defined in federal case law interpretations
of the Federal Telecommunications Act of 1996.
“Stealth technology/techniques” means camouflaging methods applied to wireless
telecommunication towers, antennas and/or other facilities, which render them visually
inconspicuous.
“Structurally able” means the determination that a tower or structure is capable of carrying the
load imposed by the new antennas under all reasonably predictable conditions as determined by
professional structural engineering analysis.
“Structure-mounted wireless telecommunication facility” means any immobile antenna
(including panels and directional antennas) attached to a structure, such as a building facade or a
water tower, or mounted upon a roof.
“Telecommunication tower (tower)” means [a]ny structure built for the sole or primary purpose
of supporting any FCC-licensed or authorized antennas and their associated facilities. It includes,
but is not limited to, masts, poles, monopoles, guyed towers, lattice towers, and freestanding
towers, or other structure designed and primarily used to support antennas.
“Transmission equipment” means equipment that facilitates transmission of any FCC-licensed or
authorized wireless service. It includes, but is not limited to, radio transceivers, antennas, coaxial
or fiber-optic cable, and regular and backup power supply.
“Viable,” primarily in reference to the alternatives analysis, means an alternative site for which
there is a property owner/manager interested in renting, leasing, selling, or otherwise making
available, space for one (1) or more wireless telecommunication facilities upon said site on
reasonable terms commensurate with the market in the City of Gilroy.
“Visual impact” means an adverse effect on the visual and/or aesthetic environment. This may
derive from blocking of a view, or introduction of elements that are incompatible with the scale,
texture, form or color of the existing natural or human-made landscape, including the existing
community character of the neighborhood.
“Wireless telecommunication (or telecommunications) facility” means a facility, including all
associated equipment, which supports the transmission and/or receipt of electromagnetic/radio
signals. Wireless telecommunication facilities include cellular radiotelephone service facilities,
personal communications service facilities (including wireless Internet), specialized mobile radio
service facilities, and commercial paging service facilities. Components of these types of
facilities can consist of the following: antennas, repeaters, microwave dishes, horns, and other
types of equipment for the transmission or receipt of such signals, telecommunication towers or
similar structures supporting said equipment, equipment buildings, parking area, and other
accessory development.
30.35.12 Applicability.
(a) Facilities regulated by this article include the siting, design, construction, major modification,
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and operation of all wireless telecommunication facilities, including Federal Communications
Commission (FCC)- regulated dish antennas, antennas used for multichannel, multipoint
distribution services (MMDS) or “wireless cable,” personal wireless service facilities (e.g.,
cellular phone services, PCS—personal communication services, wireless paging services, etc.),
television antennas and windmills. The regulations in this article and qualifying applications
processed pursuant to this Ordinance are intended to be consistent with the requirements of
applicable sState and fFederal law, particularly including the Federal Telecommunications Act of
1996 and Section 6409 (a) of the Middle Class Tax Relief and Job Creation Act of 2012, in that
they are not intended to: (1) be used to unreasonably discriminate among providers of
functionally equivalent services, (2) have the effect of prohibiting personal wireless services
within the City of Gilroy, or (3) have the effect of prohibiting the siting of wireless
telecommunication facilities on the basis of the environmental/health effects of radio frequency
emissions, to the extent that the regulated services and facilities comply with the regulations of
the Federal Communications Commission FCC concerning such emissions.
(b) Nothing contained in this article affects the city’s right to retain and/or utilize its proprietary
rights over its property.
30.35.13 Exemptions.
(a) The following wireless telecommunications facilities shall be exempt from this article:
(1) A wireless telecommunication facility shall be exempt from the permit provisions of
this article if and to the extent that a permit issued by the California Public Utilities
Commission (CPUC) or the rules and regulations of the Federal Communications
Commission FCC specifically provides the antenna is exempt from local regulation.
(2) Direct broadcast satellite (DBS) antennas and multipoint distribution services (MDS)
antennas which are one (1) meter or less in diameter or diagonal measurement and
television broadcast service (TVBS) antennas so long as they are located entirely on site
and are not located within the required front yard setback area. This locational requirement
is necessary to ensure that such antenna installations do not become attractive nuisances
and/or result in accidental tripping hazards if located adjacent to a street or other public
right-of-way.
(3) Satellite earth station (SES) antennas which are two (2) meters or less in diameter or in
diagonal measurement located in a commercial or industrial zoning district. However, such
antennas shall require building permit approval and architectural and site review by the
planning division to ensure maximum safety is maintained. In order to avoid the creation of
an attractive nuisance, reduce accidental tripping hazards and maximize stability of the
structure, such antennas shall be placed whenever possible on the top of buildings and as
far away as possible from the edges of rooftops.
(4) A ground- or building-mounted citizens band or two (2) way radio antenna including
any mast.
(5) A ground-, building-, or tower-mounted antenna operated by a federally licensed
amateur radio operator as part of the amateur or radio service, provided the antenna does
not exceed thirty-five (35) feet in the R1 and R2 zone districts, thirty (30) feet in the RH
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ORDINANCE NO. 2018-XX
zone district, forty-five (45) feet in the R3 zone district, seventy-five (75) feet in the R4
zone district and fifty (50) feet in the public facilities zone district. Amateur radio antennas
that exceed the height limit in residential zone districts are required to secure approval of a
conditional use permit.
(6) A ground- or building-mounted receive-only radio or television antenna which does not
exceed the height requirements of the zoning district, or television dish antenna which does
not exceed three (3) feet in diameter if located on residential property within the exclusive
use or control of the antenna user.
(7) A television dish antenna that is no more than six (6) feet in diameter and is located in
any area where commercial or industrial uses are allowed by the land use designation.
Television dish antennas greater than one (1) meter in diameter in the R1 and R2 zones
shall be permitted only between the main dwelling unit and the rear property line, or
attached to the rear roof eave or building wall and not within twenty (20) feet of any
property line adjacent to a public right-of-way. Dish antennas greater than one (1) meter
shall not be placed higher than eighteen (18) feet. In other zone districts, dish antennas
shall be screened to comply with section 30.50.45 related to mechanical appurtenances,
whether such antenna is located on the roof or on the ground.
(8) Temporary mobile wireless services, including mobile wireless telecommunication
facilities and services providing public information coverage of news events, of less than
two (2) weeks’ duration.
(9) Hand held devices such as cell phones, business-band mobile radios, walkie-talkies,
cordless telephones, garage door openers and similar devices.
(10) Wireless telecommunication facilities and/or components of such facilities to be used
solely for public safety purposes, installed and operated by authorized public safety
agencies (e.g., county 911 emergency services, police, sheriff, and/or fire departments, first
responder medical services, hospitals, etc.), are exempt from the provisions of this article.
(11) Any nonmajor modification or maintenance activities carried out as part of the routine
operation of wireless telecommunication facilities.
(12) Small scale, low powered, short-range wireless Internet transmitter/receivers (e.g.,
“wi-fi hotspots”).
(13) A television antenna that is not located in any front or side yard setback, at least six
(6) feet from any property boundary, set back ten (10) feet from any overheard electrical
power line, located such that any collapse of the antenna will not result in contact with any
power line carrying over four thousand (4,000) volts, and does not exceed the zone district
height limit by more than fifteen (15) feet.
(14) Windmills that conform to all height and setback requirements established for the
main building in the zone district. The setback shall be measured from the greatest possible
extension of any fixed or movable part of the windmill or related structure. Windmills shall
be located at least ten (10) feet from any overhead electrical power line.
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(15) Telemetry facilities used solely for the monitoring and control of water, sewer,
irrigation, and flood and storm control systems.
(16) Notwithstanding section 30.35.13(a) (1), all DAS/small cell structures and equipment
affixed to city-owned street lights or other city-owned facilities, structures or equipment in
the public ROW are subject to the execution of a master lease agreement between the City
and the carrier that includes all of the siting and design requirements that would typically
occur in the planning review process and project implementation through the
Encroachment Permit process.
30.35.14 Permits required.
(a) Permit Required. No wireless telecommunications facility on public or private
property except those designated in section 30.35.13 (Exemptions) shall be installed or
erected in the city limits of Gilroy except upon approval of a permit as set forth in Table
35.1. Table 35.1 identifies the type of permit required in each general zoning
classification.
(b) Collocation. Each service provider located on a collocation site must obtain a permit
zoning clearance per section 30.45.15, independent of the other service providers in the
same locations if the proposed facility complies with all of the following requirements:
1. The facility Is consistent the current zoning regulations;
2. The facility was previously subject to discretionary review; and
3. The facility was found to be in compliance with CEQA and NEPA.
Multiple service providers may submit one (1) application for all intended co-located
facilities.
(c) Architectural and Site Review Permit. Applications, which require approval of a
conditional use permit, shall also require approval of an architectural and site review
permit.
(d) Conflicting Provisions. Use permits and architectural and site review permits shall be
processed in accordance with sections 30.50.30 and 30.50.40, respectively, and in
accordance with the provisions of this article. In the event of any conflict between the
provisions of this article and the provisions of sections 30.50.30 and 30.50.40, the
provisions of this article shall be controlling.
(e) Findings. In approving or denying any permit required by this article, written findings
shall be made for the particular permit sought setting forth the factual basis for the
decision in accordance with section 30.35.20.
(f) Conditions. In approving an application, the city may impose such conditions as it
deems appropriate or necessary to further the purposes of this article, including, but not
limited to, redesign or relocate the facility and resubmit a revised proposal for further
consideration.
(g) Wireless Telecommunication Services Not Prohibited. Notwithstanding anything
contained in this article to the contrary, no decision made pursuant to this article shall
have the effect of prohibiting the provision of wireless telecommunication services in the
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city.
(h) Notification. Except for exempt facilities listed in section 30.35.13 and wireless
telecommunication facilities that are in commercial or industrial zone districts and at least
five hundred (500) feet from a residential dwelling, all residential property owners within
five hundred (500) feet of a property on which a wireless telecommunications facility is
proposed shall be notified of the wireless telecommunication facility application as
provided in section 30.51.30(b). Applicants for wireless telecommunication facilities that
are proposed in industrial or commercial zone districts and are within five hundred (500)
feet of a residential dwelling shall provide notification to all residential uses in the five
hundred (500) foot radius from the property boundaries of the proposed facility pursuant
to the procedures in section 30.51.30(b) (Notices).
Table 35.1
Required Permit Matrix
General Zoning Districts
Type of
Permit
Residential
Districts and
Mixed Use
Projects with
Residential Uses
Commercial and
Industrial
Districts
Publicly Owned
Property
Open Space
Districts
Conditional use
permit—
planning
commission
review
All wireless
telecommunication
facilities except
those designated in
section 30.35.13,
Exemptions, and
30.35.14(b)
All wireless
telecommunication
facilities except
those designated in
section 30.35.13,
Exemptions, and
30.35.14(b),
Architectural
and site
review—staff
review
All wireless
telecommunication
facilities except
those designated in
section 30.35.13,
Exemptions, and
30.35.14(b),
All wireless
telecommunication
facilities except
those designated in
section 30.35.13,
Exemptions, and
30.35.14(b)
All wireless
telecommunication
facilities except
those designated in
section 30.35.13,
Exemptions, and
30.35.14(b),
All wireless
telecommunication
facilities except
those designated in
section 30.35.13,
Exemptions and
30.35.14(b),
Zoning All collocation All collocation All collocation All collocation
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Clearance applications
pursuant to section
30.35.14(b),
Permits Required
applications
pursuant to section
30.35.14(b),
Permits Required
applications
pursuant to section
30.35.14(b),
Permits Required
applications
pursuant to section
30.35.14(b),
Permits Required
30.35.15 Preapplication.
A preapplication conference is strongly encouraged for all wireless telecommunication
proposals. For a new site Ttwo (2) preapplication submittals are encouraged. The first should
take place at the earliest stage of looking for an appropriate site and include a map of the
geographic service area and geographic area where the antenna site is proposed. A second
preapplication submittal is recommended after the site is selected and should include a site
review and architectural drawings illustrating the visual impacts of the project together with a
radio frequency analysis of the proposed facility. For a proposed collocation, one preapplication
conference is strongly encouraged and should include site review and architectural drawings and
a radio frequency analysis. A preapplication submittal is not considered a development
application and no fee is charged for review of material submitted at this stage.
30.35.16 Minimum application requirements.
Information to Be Provided. For all wireless telecommunications facilities, with the exception of
collocations, as defined in Section 30.35.14 (b), above, the applicant shall provide the
information listed below. Application for a wireless telecommunications facility shall be made
upon a form to be provided by and shall be submitted to the planning division. Application
requirements that contain an asterisk after the item are required for all applications that require a
conditional use permit only. The number and size of plans shall be determined by the planning
manager, who may waive certain submittal requirements or require additional information based
on specific project factors. Applications for a collocation requiring a Zoning Clearance are not
required to include the following sections: 30.35.16 (d) Ten (10) Year Plan, 30.35.16 (e)
Cumulative Effects, or 30.35.16 (h) Alternatives Analysis.
(a) Proposed Wireless Telecommunications Facility Plans.
(1) Site Review. Provide a site review plan, drawn to a measurable scale, showing the
metes and bounds of the property, showing the location of existing features of the site
including existing structures, roads, landscaping, trees and other significant natural
features. The site review shall also show the location of each new structure to be located on
the site including telecommunications antennas, base transceiver stations, equipment
cabinets and buildings, parking, lighting, and appurtenant structures including screening.
(2) Elevations. Provide elevations and identify heights of all proposed telecommunication
structures and appurtenances and composite elevations from the street of all structures on
site.
(3) Colored Elevations. Colored renderings or perspectives of the street elevation and any
other elevation that will be visible from public view. A sample of colors and materials is
required at the time of application submittal.
(4) Section Drawings. If applicable, section drawings shall be provided to show the
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foundations/footings of new structures and how they affect existing conditions, including
landscaping.
(5) Visual Impact Demonstrations. Using photo-simulations, photo-montage, story poles,
elevations or other visual or graphic illustrations, provide a visual impact demonstration to
determine potential visual impact including proper coloration and blending of the facility
with the proposed site.
(6) Visibility Impacts. If the installation is located where it is visible to the public, identify
what elements of the proposed facility (including screening) can be viewed by the public.
(7) Landscape Plan. Provide a landscape plan that shows existing vegetation, indicating
any vegetation proposed for removal, and identifying proposed plantings by type, size and
location. If deemed necessary by the planning manager, an arborist’s report may be
required to verify that the existing landscaping will not be adversely affected by the
installation of the facility. The arborist’s report may recommend protective measures to be
implemented during construction.
(8) Miscellaneous and Appurtenant Structures. Show all facility-related support and
protection measures to be installed. This includes, but is not limited to, the location(s) and
method(s) of placement, support, protection, screening, paint and/or other treatments of the
antennas, base transceiver stations, equipment cabinets and buildings, cables, and other
appurtenances to ensure public safety, ensure compatibility with urban design, architectural
and historic preservation principles, and harmony with neighborhood character.
(9) Other Wireless Telecommunication Facilities. A plan showing telecommunication
facilities of all wireless telecommunications service providers within one thousand (1,000)
feet of the proposed site including facilities located outside the City of Gilroy, if
applicable.
(b) Narrative.
(1) Antennas. List the number of antennas and base transceiver stations and/or equipment
cabinets and buildings per site by your carrier and, if there are other installations on a site,
list the number by each carrier.
(2) Location. Describe the location and type of antenna installations (standalone rooftop,
rooftop attached to a mechanical penthouse or building facade) and location of the base
transceiver station(s), equipment cabinets and/or buildings.
(3) Height. List the height from nearest adjacent grade to the top of the antennas
installation(s).
(4) Radio Frequency. List the radio frequency range in megahertz and list the wattage
output of the equipment.
(5) FCC Compliance. Provide a description stating that the system, including the antennas
and associated base transceiver stations, equipment cabinets and buildings; conform to the
radio-frequency radiation emission standards adopted by the FCC.
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(6) Maintenance. Provide a description of the anticipated maintenance and monitoring
program for the antennas and back-up equipment, including frequency of maintenance
services, back-up service plans for disruption of service due to repair, testing, maintenance
or monitoring activities.
(7) Environmental Assessment. Provide sufficient information to permit the city to make
any required determination under the California Environmental Quality Act (CEQA).
(8) Noise/Acoustical Information. Provide noise and acoustical information for the base
transceiver stations, equipment buildings and associated equipment such as air conditioning
units and back-up generators.
(9) Site Selection Process. Provide a description explaining the site selection process
including information about other sites that were considered and reasons for their rejection.
In addition, carriers must demonstrate that facilities have been designed to attain the
minimum height required from a technological standpoint for the proposed site.
(10) A structural professional engineer’s written description of the proposed tower/facility
structure and its capacity to support additional antennas or other communication facilities
at different heights and the ability of the tower to be shortened if future communication
facilities no longer require the original height.
(c) Geographic Service Area. Identify the geographic service area for the subject installation,
including a map showing the site and the associated “next” cell sites within the network.
Describe the distance between cell sites. Describe how this service area fits into and is necessary
for the company’s service network. Illustrate the geographic area in which the facility could be
located showing all other sites that could be used for antenna location.
(d) Ten (10) Year Plan. Provide a map showing how the proposed facility fits into the individual
service provider’s network of existing and proposed antenna sites. Each application shall include
a ten (10) year facilities plan. The ten (10) year plan shall include:
(1) Type of Technology. A written description of the types of technology to be provided to
its customers over the next ten (10) years (e.g., cellular, PCS, ESMR).
(2) Radio Frequencies. A description of the radio frequencies to be used for each
technology.
(3) Services. The type of consumer services (voice, video, data transmission) and consumer
products (mobile phones, laptop PCs, modems) to be offered.
(4) All Facilities. Provide a list of all existing, existing to be upgraded or replaced, and
proposed cell sites within the city for these services by your company.
(5) List of Information. Provide a list of the ten (10) year cell sites, with the following
information:
a. List the cell sites by address and assessor’s parcel number.
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b. The zoning district in which the site is located.
c. The type of building and the number of stories.
d. The name of the carrier (your company).
e. Appurtenant Equipment. The number of antennas and base transceiver stations,
equipment cabinets and buildings per site by your carrier and, if there are other
installations on a site, list the number by each carrier.
f. Location. Describe the location and type of antenna installation (standalone rooftop,
rooftop attached to a mechanical penthouse or building facade) and location of the
base transceiver station, equipment cabinets and buildings.
g. Height. List the height from grade to the top of the antenna installation(s), the radio
frequency range in megahertz and the wattage output of the equipment.
(6) Ten (10) Year Map. Using the city zoning map as a base, show the ten (10) year cell
sites. If individual properties are not known, show the geographic service areas of the cell
sites.
(e) Cumulative Effects. Identify the location of the applicant’s antennas and backup facilities per
building and number and location of other wireless telecommunication facilities on and near the
property, including the following:
(1) Height. The height of all existing and proposed wireless telecommunications facilities
on the property, shown in relation to the height limit for the district and measured from
grade.
(2) Antennas. The dimensions of each existing and proposed antenna, base transceiver
station, equipment cabinet and associated building and backup equipment on the property.
(3) Power Rating. The power rating for all existing and proposed backup equipment subject
to the application.
(4) Ambient Radio Frequency. A report estimating the ambient radio frequency fields for
the proposed site.
(5) Total Watts. The total number of watts per installation and the total number of watts for
all installations on the building (roof or side).
(6) Facilities within One Hundred (100) Feet. The number and types of wireless
telecommunication facilities within one hundred (100) feet of the proposed site and provide
estimates of the cumulative electromagnetic radiation emissions at the proposed site
(f) Other Permit Requirements. The application information required by sections 30.50.30(b) and
30.50.42 for the particular permit sought by the applicant (conditional use permit and/or
architectural and site review application).
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(g) Collocation Agreement. All telecommunications carriers shall provide a letter stating their
willingness to allow other carriers to co-locate on their facilities wherever technically and
economically feasible and aesthetically desirable. Telecommunication facility applicants shall
also provide written notice to all telecommunication providers in the City of Gilroy stating their
intent to locate a new wireless telecommunication facility and willingness to allow other carriers
to co-locate on their facility. To facilitate collocation when deemed appropriate, conditions of
approval for conditional use permits shall require all service providers to cooperate in the siting
of equipment and antennas to accommodate the maximum number of operators at a given site
where found to be feasible and aesthetically desirable. The applicant shall agree to allow future
collocation of additional antennas and shall not enter into an exclusive lease for the use of the
site.
(h) Alternatives Analysis. For applications for wireless communication facilities proposed to be
located in any residential zone districts or within a PUD with residential uses, an alternatives
analysis must be submitted by the applicant, subject to independent RF engineering review,
which shall at a minimum:*
(1) Identify and indicate on a map at a minimum two (2) viable, technically feasible, and
potentially environmentally equivalent or superior alternative locations for facilities within
residential zone districts or PUDs with residential uses, which could eliminate or
substantially reduce the significant gap(s) in the applicant carrier’s network intended to be
eliminated or substantially reduced by the proposed facility. If there are fewer than two (2)
such alternative locations, the applicant must provide evidence establishing that fact. The
map shall also identify all locations where an unimpaired signal can be received to
eliminate or substantially reduce the significant gap(s). For all non-co-located wireless
communication facilities proposed in residential zone districts or PUD with residential
uses, the applicant must also evaluate the potential use of one (1) or more microcell sites
(i.e., smaller facilities often mounted upon existing or replacement utility poles), and the
use of repeaters, to eliminate or substantially reduce said significant gaps in lieu of the
proposed facility. The applicant shall demonstrate that there is no feasible site or sites to
provide coverage. The analysis shall also consider that the applicant may need to provide
multiple, less obtrusive sites outside of a residential zone district or PUD with residential
uses as opposed to one (1) site in the residential zone district to provide the same level of
coverage. For each alternative location so identified, the applicant shall describe the type of
facility and design measures that could be used at that location so as to minimize negative
resource impacts (e.g., the use of stealth camouflaging techniques).
(2) Evaluate the potential for collocation with existing wireless communication facilities as
a means to eliminate or substantially reduce the significant gap(s) in the applicant carrier’s
network intended to be eliminated or substantially reduced by the proposed facility.
(3) Compare, across the same set of evaluation criteria and to similar levels of description
and detail, the relative merits of the proposed site with those of each of the identified
technically feasible alternative locations and facility designs. Such comparison analysis
shall rank each of the alternatives (i.e., the proposed location/facility and each of the
technically feasible location/design alternatives) in terms of impacts (i.e., from least to
most environmentally damaging), and shall support such ranking with clear analysis and
evidence.
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(4) Include photo-simulations of each of the alternatives (i.e., the proposed location/facility
and each of the technically feasible location/design alternatives).
(5) Document good faith and diligent attempts to rent, lease, purchase or otherwise obtain
the use of at least two (2) of the viable, technically feasible alternative sites which may be
environmentally equivalent or superior to the proposed project site. The decision making
body may determine that an alternative site is not viable if good faith attempts to rent,
lease, purchase or otherwise obtain the site have been unsuccessful.
(i) Security Plan. A plan for safety/security considerations, consistent with section 30.35.19
(NIER exposure). A detailed description of the proposed measures to ensure that the public
would be kept at a safe distance from any NIER transmission source associated with the
proposed wireless communication facility, consistent with the NIER standards of the FCC or any
potential future superseding standards, must be submitted as part of the application. The
submitted plans must also show that the outer perimeter of the facility site (or NIER hazard zone
in the case of rooftop antennas) will be posted with bilingual NIER hazard warning signage that
also indicates the facility operator and an emergency contact. The emergency contact shall be
someone available on a twenty-four (24) hour a day basis who is authorized by the applicant to
act on behalf of the applicant regarding an emergency situation. For the protection of emergency
response personnel, each wireless communication facility shall have an on-site emergency shut-
off switch to de-energize all RF-related circuitry/componentry at the base station site (including
a single shut-off switch for all facilities at a collocation site), or some other type of emergency
shut-off by emergency personnel acceptable to the local fire chief, unless the applicant can prove
that the FCC public exposure limits cannot be exceeded in the vicinity of the proposed facility,
even if firefighters or other personnel work in close proximity to the antenna(s) or other RF
radiation emitting devices/components.
(j) Applications in Residential and PUDs with Residential Uses. For applications for new
wireless communication facilities in any residential zone districts or PUDs with residential uses,
the applicant must also disclose:*
(1) Number, type(s), manufacturer(s) and model number(s) for all antennas and other RF-
generating equipment.
(2) For each antenna, the antenna gain and antenna radiation pattern.
(3) Number of channels per antenna, projected and maximum.
(4) Power input to each antenna.
(5) Power output, in normal use and at maximum output for each antenna and all antennas
as an aggregate.
(6) Output frequency of the transmitter(s).
(k) Fees. Payment of all filing fees and fees for processing and monitoring the permit application
as established in the comprehensive fee schedule.
(l) NIER Report. Submission of a NIER (nonionizing electromagnetic radiation calculations)
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report in accordance with section 30.35.19.
(m) Independent Review. The planning manager is explicitly authorized, at his/her discretion, to
employ on behalf of the city an independent technical expert to review any technical materials
submitted including, but not limited to, those required under this article and in those cases where
a technical demonstration of unavoidable need or unavailability of alternatives is required. The
applicant shall pay all the costs of such review including any administrative costs incurred by the
city at the time the application is filed.
(n) Additional Information. The planning manager may require the applicant to submit additional
documentation prepared at the applicant’s cost, which the planning manager deems necessary to
evaluate the proposed site or facility, including, but not limited to, identifying locations where a
facility can be installed without prohibiting the service provider’s ability to provide its
telecommunications service, information concerning the applicant’s network of
telecommunications facilities, site selection criteria and radio frequency emission coverage. The
planning commission may also require the service provider submit additional information based
on issues raised at the public hearing that are likely to be of significant concerns to the
community.
30.35.17 General requirements.
The following shall be met for all telecommunication facilities in all zoning districts:
(a) Compliance with Plans and Policies. Any applicable general plan goals, objectives, programs
and policies, specific plan, PUD standards, design guidelines, and the permit requirements of any
agencies which have jurisdiction over the project.
(b) Compliance with the Gilroy Municipal Code and Zoning Ordinance. All the requirements
established by the Gilroy Municipal Code and Gilroy Zoning Ordinance which are not in conflict
with the requirements contained in this article.
(c) Compliance with the Uniform Codes. Requirements of the Uniform Building Code, National
Electrical Code, Uniform Plumbing Code, Uniform Mechanical Code, and Uniform Fire Code,
as amended, where applicable.
(d) Compliance with Easements or Other Restrictions. Any applicable easements or similar
restrictions on the subject property.
(e) Compliance with the Setbacks. Wireless telecommunication facilities shall not be located in
any required yard setback area of the zoning district in which it is located with the exception of
possible encroachment of the antenna array into airspace over said setback, unless exempted
from these requirements pursuant to section 30.35.13. All setbacks shall be measured from the
base of the tower or structure closest to the applicable property line or structure.
(f) Compliance with FCC Rules. All telecommunication facilities shall comply at all times with
all FCC rules, regulations, and standards.
(g) Compliance with FAA Rules. All wireless telecommunication facilities shall comply with all
Federal Aviation Administration requirements.
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(h) Aviation Safety. No wireless communication facility shall be installed within the safety zone
or runway protection zone of any airport, airstrip or helipad within or adjacent to the city unless
the airport owner/operator indicates that it will not adversely affect the operation of the airport,
airstrip or helipad. In addition, no wireless communication facility shall be installed at a location
where special painting or lighting will be required by the FAA regulations unless the applicant
has demonstrated to the planning manager that the proposed location is the only technically
feasible location for the provision of personal wireless services as required by the FCC.
(i) Compliance with the Security Program. All telecommunication facilities shall maintain in
place a security program, when determined necessary by and subject to the review and approval
of the police chief, that will prevent unauthorized access and vandalism.
(j) Compliance with the Height of Satellite Dish and Parabolic Antennas. Satellite dish and
parabolic antennas shall be situated as close to the ground as possible to reduce visual impact
without compromising their function.
(k) Impact on Parking. Installation of the wireless telecommunication facilities shall not reduce
the required parking on the site.
(l) Stealth Requirements. Wireless telecommunications facilities that are proposed in residential
zone districts or PUDs with residential uses shall use stealth techniques to minimize the visual
impact of the telecommunication facility from all surrounding locations.
(m) Access Control. In addition to providing visual screening, each antenna site shall be required
to provide warning signs, fencing, anticlimbing devices, or other techniques to control access to
the facilities in order to prevent unauthorized access and vandalism. The use of fencing shall not
necessarily add to the visual impact of the facility, and the design of the fencing and other access
control devices shall be subject to the planning manager or planning commission review and
approval, whichever is applicable. Pursuant to subsection (i) of this section, the police chief shall
review and approve the type of anticlimbing device.
(n) Telecommunication Facilities—Critical Disaster Response Facility. All wireless
telecommunication facilities providing service to the government and general public shall be
designed to survive a natural disaster without interruption of operation. To this end, all the
following measures shall be implemented:
(1) The telecommunication tower when fully loaded with antennas, transmitters, and other
equipment and camouflaging shall be designed to withstand the forces expected during the
“maximum credible earthquake.” All equipment mounting racks and equipment used shall
be anchored in such a manner that such a quake will not tip them over, throw the
equipment off its shelves, or otherwise act to damage it.
(2) All connections between various components of the facility and with necessary power
and telephone lines shall be protected against damage by fire, flooding, and earthquake.
(3) Measures shall be taken to keep the facility in operation in the event of a disaster,
including installation of backup generators.
(4) Demonstration of compliance with these requirements shall be provided via a
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certification on the plans signed by a structural engineer or other appropriate professional
licensed by the State of California.
(o) Length of Permit.
(1) Use permits and architectural and site review permits for all wireless
telecommunication facilities shall expire ten (10) years after permit approval. An approval
may be extended administratively from the initial approval date for a subsequent ten (10)
years and may be extended by the planning manager every ten (10) years thereafter upon
verification of the wireless service provider’s continued compliance with the findings and
conditions of approval under which the application was originally approved. Costs
associated with the review process shall be borne by the wireless service provider. The
planning manager may schedule a public hearing at which the planning commission may
deny the renewal of an approval if they find that:
a. The report showing that the wireless telecommunication service facility complies
with the current FCC radio frequency standards, as required in section 30.35.16(b)(5),
has not been submitted to the planning division.
b. The wireless telecommunication service facility fails to comply with the
requirements of this article as they exist at the time of renewal, and the wireless
service provider has failed to supply assurances acceptable to the planning manager
that the facility will be brought into compliance within ninety (90) days.
c. The wireless telecommunication service provider has failed to comply with the
conditions of approval imposed.
d. The wireless telecommunication service facility has not been properly maintained
in accordance with section 30.35.22.
e. The wireless telecommunication service provider has not agreed in writing to
upgrade the wireless telecommunication service facility within six (6) months to
minimize the facility’s adverse visual impact to the greatest extent permitted by the
technology that exists at the time of renewal. The planning manager shall determine if
a new technology shall further minimize a facility’s adverse visual impact and if a
facility shall be required to be upgraded. A wireless telecommunication service
facility shall not be upgraded if it continues to comply with the requirements of this
article, as they exist at the time of renewal.
f. Notwithstanding the foregoing, no public hearing to schedule a denial of an
extension pursuant to this article shall be calendared until the planning manager has
first provided a written notice to the wireless telecommunication service provider
including with reasonable specificity: (1) the nature of the deficiency or violation; (2)
a reasonably ascertainable means to correct such deficiency or violation; and (3) a
reasonable opportunity to cure the same if the deficiency or violation is curable, which
time period in no event shall be less than thirty (30) days from the date of notification
or such lesser period as may be warranted by virtue of a public emergency.
(2) If an approved wireless telecommunication facility meets the requirements of this
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article, but it is no longer allowed in its applicable zoning district, the wireless service
facility shall be permitted to remain for ten (10) years from the date the facility became a
nonconforming use in the zone district, unless the owner of the facility can prove to the
satisfaction of the city that a longer period of time is required to fully amortize the
investment in the existing structure.
(3) A nonconforming personal wireless service facility shall not be altered or modified
unless approved by the planning manager subject to a determination that the alteration or
modification will cause the personal wireless service facility to be in greater conformance
with this article.
(4) The planning manager’s decision to deny a renewal may be appealed as described in
section 30.35.24.
(5) At the planning manager’s request, the personal wireless service provider shall provide
a written summary certifying the commencement date and expiration date of any lease,
license, property right, or other use agreement for the personal wireless service facility,
including any options or renewal terms contained therein.
(6) An approval for a wireless telecommunication service facility may be modified or
revoked by the planning commission as described in section 30.35.26.
(p) FCC and Other Agency Standards. All towers must meet or exceed current standards and
regulations of the FCC and any other agency of the federal government with the authority to
regulate towers and antennas. If such standards and regulations are changed, then the owners of
the towers and antennas governed by this article shall bring such towers and antennas into
compliance with such revised standards and regulations within six (6) months of the effective
date of such standards and regulations, unless a more stringent compliance schedule is mandated
by the controlling federal agency. Failure to bring towers and antennas into compliance with
such revised standards and regulations shall constitute grounds for the removal of the tower or
antenna at the owner’s expense.
(q) Security Requirement. Prior to issuance of any permits for new wireless telecommunications
facilities, or prior to renewing a conditional use permit or architectural and site review permit for
an existing wireless telecommunications facility, the applicant shall provide a bond or an
irrevocable letter of credit that explicitly covers the full life of the wireless telecommunications
facility or other reasonable form of security, satisfactory to the city attorney, in an amount
reasonably sufficient to cover the cost of removal, for the removal of the facility in the event that
its use is abandoned or its conditional use permit or architectural and site review permit expires
or is terminated and the equipment is not voluntarily removed within thirty (30) days of
termination of the facility operations.
(r) Cessation of Operations.
(1) Within thirty (30) days of cessation of operations of any wireless telecommunications
facility approved pursuant to this article, the operator shall notify the planning manager in
writing. The permit for said wireless telecommunications facility shall be deemed lapsed
and of no further effect six (6) months thereafter unless:
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a. The planning manager has determined that the same operator resumed operation
within six (6) months of the notice, or
b. The city has received an application to transfer the permit to another operator.
(2) No later than thirty (30) days after a permit has lapsed under the preceding subsection,
the operator shall remove all wireless telecommunication facilities from the site. If the
operator fails to do so, the property owner shall be responsible for removal. The property
owner shall be entitled to reimbursement for the cost of removal from any bond or other
assurances provided by the operator pursuant to the requirements of subsection (q) of this
section. If such facilities are not removed, the site shall be deemed to be a nuisance, and the
city may call the bond or letter of credit to pay for removal of the facilities and remediation
of the site.
(3) Failure to inform the planning manager of cessation of operations of any existing
facility shall constitute a violation of the Zoning Ordinance and be grounds for:
a. Revocation or modification of the permit;
b. Calling of any bond or other assurance; and/or
c. Removal of the facilities.
(s) Nonconforming Wireless Telecommunication Facilities.
(1) A lawfully established wireless telecommunication facility that is was in operation on
December 11, 2003, the effective date of the ordinance codified in this article when this
Ordinance was originally codified, but did not conform to the provisions of the Ordinance
shall be deemed a legal nonconforming use, provided it did not substantially change its
lawfully established base station, physical configuration, location and/or use and shall be
allowed to continue operation for a period of ten (10) years following the effective date of
the original Ordinance, unless the owner of the facility can prove to the satisfaction of the
City that a longer period of time is required to fully amortize the investment in the existing
structure.
(2) A lawfully established wireless telecommunication facility that is in operation on the
effective date of Ordinance 2017-__, but no longer conforms to the provisions of this
Ordinance shall be deemed a legal nonconforming use, provided it does not substantially
change its use and shall be allowed to continue operation for a period of ten (10) years,
following the effective date of Ordinance 2017-__ ,unless the owner of the facility can
prove to the satisfaction of the city that a longer period of time is required to fully amortize
the investment in the existing structure. The following characteristics are among those that
create an increase of intensity of use and/or an expansion of use:
1) Expand or enlarge the equipment floor area or size;
2) Increase the size, number or height of any antennae or related facilities;
3) Make a change to the radio frequency field;
4) Increase the power rating of any of the equipment;
5) Increase the electromagnetic radiation emissions; or
6) Require a modification to the facility’s existing FCC license.
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Any increase in intensity of use or expansion in size of a facility shall require permit pursuant to
section 30.35.14 (Permits required).
(t) Interference. All personal wireless service facilities shall be operated in a manner which
complies with the Federal Communications Commission’s regulations regarding signal
interference.
(u) Advertising. No advertising shall be placed on personal wireless service facilities.
Minor Modifications. Minor Modifications to personal wireless service facility equipment
design, location, height, and other elements may be allowed, subject to the approval of the
planning manager, if such modifications are in keeping with the architectural statement and
layout design of the original approval, and meet the requirements of this article.
Section 30.35.18 Modifications Constituting a “Substantial Change” Structural, design and
environmental standards.
.
For the purpose of implementing Section 30.35.17(s) Nonconforming Wireless
Telecommunication Facilities, above, and Section 30.35.19(d) Height, below, the following
definition of “substantial change” shall refer to a single change, or a series of changes over time
(whether made by the same or different entities) viewed against the baseline conditions for the
wireless tower or base station that would have any of the effects described below:
1. Wireless tower located outside the public right-of-way:
a. Height. The proposed collocation or modification would increase the height more
than 10 percent, or the height of one additional antenna array would be more than
20 feet above the height of the nearest existing antenna (whichever is greater);
and
b. Width. The proposed collocation or modification would protrude from the edge of
the tower either more than 20 feet, or more the width of the tower structure at the
level of the existing appurtenance, whichever is greater.
2. Wireless tower located in the public right-of-way:
a. Height. The proposed collocation or modification would increase the height more
than 10 percent or 10 feet above the originally approved height (whichever is
greater); and
b. Width. The proposed collocation or modification would protrude from the edge of
the originally approved structure by more than six feet.
3. Base station wherever located:
a. Height. The proposed collocation or modification would increase the height of the
base station more than 10 percent or 10 feet above the originally approved height
(whichever is greater); and
b. Width. The proposed collocation or modification would protrude from the edge of
the originally approved base station structure by more than six feet.
4. Additional equipment cabinets. The proposed collocation or modification would involve
adding more than the standard number of new equipment cabinets for the technology
involved, but in no event shall exceed four new equipment cabinets.
5. Work outside existing boundaries. A proposal that includes excavation or development of
equipment outside the boundaries of the controlled, leased, or owned property
surrounding the wireless tower and base station and any access or utility easements
related to the site.
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6. Change in the approved appearance. A proposal to alter or expand the exterior of any
wireless communication facility or base station that was originally approved as stealth or
camouflaged that changes the facility in a manner that it shall no longer be considered
stealth or camouflaged.
7. Violation of condition of approval. The proposed collocation or modification would
violate an existing condition of approval, unless the noncompliance is due to an increase
in height, increase in width, addition of cabinets, new excavation, or aesthetic change that
does not exceed the corresponding “substantial change” thresholds identified in
Subparagraphs 1 through 6 above with respect to a wireless tower or base station.
8. Site alterations. A proposal that would alter required access, parking, or landscaping from
that shown on the originally approved site plans.
9. Replacement of facility. A proposal to replace the wireless tower or foundation.
10. Violation of regulations. A proposal to alter the width, bulk, or arrangement of a wireless
communication facility that may violate any law, rule, regulation, or other requirement
intended to protect public health and safety.
30.35.19 Structural, design and environmental standards.
(a) Structural Requirements. A building permit shall be required for the construction, installation,
repair or alteration of any support structure for communication equipment.
(b) Basic Tower and Building Design. All telecommunication facilities, except exempt facilities
as defined in section 30.35.13 shall be designed to blend into the surrounding environment to the
greatest extent feasible. To this end, all of the following measures shall be implemented:
(1) Telecommunication towers shall be constructed out of metal or other nonflammable
material and shall be painted a color approved by the decision making body, unless the
color or materials are specifically conditioned by the city to be otherwise;
(2) All ground-mounted telecommunication towers shall be self-supporting monopoles
except where satisfactory evidence is submitted to the appropriate decision-making body
that a guyed/lattice tower is required;
(3) Satellite dishes other than microwave dishes shall be of mesh construction, except
where technical evidence acceptable to the appropriate decision-making body is submitted
showing that this is infeasible;
(4) Telecommunication support facilities (i.e., vaults, equipment rooms, utilities, and
equipment enclosures) shall be constructed out of non-reflective materials (visible exterior
surfaces only) and shall be placed in underground vaults to the extent possible;
(5) Telecommunication support facilities shall be no taller than one (1) story (fifteen (15)
feet) in height, shall be designed to blend with existing architecture in the area or shall be
screened from sight by mature landscaping, and shall be located or designed to minimize
their visibility;
(6) All buildings, poles, towers, antenna supports, antennas, and other components of each
telecommunications facility shall be initially painted and thereafter repainted as necessary
with a “flat” paint. The color shall be selected by the appropriate decision-making body;
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(7) Wireless communication facilities proposed for visually prominent ridgeline, hillside or
hilltop locations shall be discouraged and, if deemed necessary, be sited and designed to be
as visually unobtrusive as possible. Said wireless telecommunication facilities should be
sited so the top of the proposed tower/facility is below any ridgeline when viewed from
public roads in the vicinity. If the tower must extend above a ridgeline, the applicant must
camouflage the tower by utilizing stealth techniques and hiding it among surrounding
vegetation; and
(8) The city shall have the authority to require special stealth design techniques for
telecommunication facilities where findings of particular sensitivity are made (e.g.,
proximity to historic or aesthetically significant structures, residential uses, views and/or
community features).
(c) Location. All telecommunication facilities shall be located so as to minimize their visibility
and the number of distinct facilities present. To this end all of the following measures shall be
implemented for all telecommunications facilities, unless exempted from these measures
pursuant to section 30.35.13:
(1) Proposed telecommunication towers shall be set back at a minimum of the tower
overall height from all property lines and/or a distance consistent with the required yard
setbacks of the particular zone district, whichever is most restrictive. Guy wire anchors
shall be set back at least twenty (20) feet from any property line. This section shall not
apply to building-mounted antennas attached to existing facilities, but it shall apply to any
related facilities associated with such antennas. This requirement may does not apply to
antennas proposed to be co-located on existing towers or utility poles (e.g., microcell sites,
DAS, small cells), nor to underground equipment shelters, located in public right-of-way, if
it would prohibit use of the proposed facility site.
(2) Location Preference. Location preference for wireless telecommunication facilities
shall be given to:
a. Industrial or commercial sites;
b. Facilities attached or sited adjacent to existing structures. Appropriate types of
existing structures may include, but are not limited to: buildings, telephone and utility
poles, signage and sign standards, light standards, and roadway overpasses; and
c. Sites that are not highly visible from adjacent roadways.
(3) Preferred Antenna Siting and Mounting Techniques. The following antenna and
equipment siting and mounting techniques are preferred:
a. Facade-mounted antennas;
b. Roof-mounted antennas that are not visible to the public; and
c. Monopole antennas that utilize stealth or camouflaging techniques.
(d) Height. The height of a telecommunication tower shall be measured from the natural
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undisturbed ground surface below the center of the base of said tower to the top of the tower
itself or, if higher, to the tip of the highest antenna or piece of equipment attached thereto. In the
case of building-mounted towers, the height of the tower includes the height of the portion of the
building on which it is mounted. In the case of “crank-up” or other similar towers whose height
can be adjusted, the height of the tower shall be the maximum height to which it is capable of
being raised.
Towers proposed in the commercial, industrial, public facilities and residential zone districts
shall meet the height limitation for the underlying zone district. Increases to the height limitation
may be approved administratively with the architectural and site review application if the
modification height increase does not substantially exceed twenty percent (20%) of the allowable
height in the commercial zone districts and thirty Percent (30%) of the allowable height in the
industrial zone districts change the physical dimensions of a telecommunications tower or base
station. Any applications for towers of a height more than the allowed height for structures in the
zoning district must include a written justification proving the need for a tower of that height and
the absence of viable alternatives that would have less visual impact. Tower height increases
beyond the permitted maximum height percentages stated in this subsection shall require a
variance approval pursuant to section 30.50.20(a).
(e) Lighting. Any exterior lighting, except as required for FAA regulations for airport safety,
shall be manually operated and used only during night maintenance checks or in emergencies.
The lighting shall be constructed or located so that only the intended area is illuminated and off-
site glare is fully controlled.
(f) Roads and Parking. Except exempt facilities as defined in section 30.35.13, all
telecommunication facilities shall be served by the minimum roads and parking areas necessary
and shall use existing roads and parking areas whenever possible.
(g) Vegetation Protection and Facility Screening.
(1) Except exempt facilities as defined in section 30.35.13, all telecommunications
facilities shall be installed in such a manner so as to maintain and enhance existing native
vegetation and shall include suitable mature landscaping to screen the facility, where
necessary. For purposes of this section, “mature landscaping” shall mean trees, shrubs or
other vegetation of a size that will provide the appropriate level of visual screening
immediately upon installation.
(2) No actions shall be taken subsequent to project completion with respect to the
vegetation present that would increase the visibility of the facility itself or the access road
and power/telecommunication lines serving it. The owner(s)/operator(s) of the facility shall
be responsible for maintenance and replacement of all required landscaping.
(h) Fire Prevention. All telecommunication facilities shall be designed and operated in such a
manner so as to minimize the risk of igniting a fire or intensifying one that otherwise occurs. To
this end all of the following measures shall be implemented for all telecommunication facilities,
when determined necessary by the fire chief, unless exempted from these measures by section
30.35.13:
(1) At least one (1) hour fire resistant interior surfaces shall be used in the construction of
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all buildings;
(2) Monitored automatic fire extinguishing systems approved by the fire chief shall be
installed in all equipment buildings and enclosures;
(3) Rapid entry (KNOX) systems shall be installed as required by the fire chief;
(4) Type and location of vegetation, screening materials and other materials within ten (10)
feet of the facility and all new structures, including telecommunication towers, shall have
review for fire safety purposes by the fire chief. Requirements established by the fire chief
shall be followed; and
(5) All tree trimmings and trash generated by construction of the facility shall be removed
from the property and properly disposed of prior to building permit finalization or
commencement of operation, whichever comes first.
(i) Environmental Resource Protection. All telecommunication facilities shall be located so as to
minimize the effect on environmental resources. To that end, all facilities deemed to be a project
shall be subject to review for environmental considerations.
(j) Noise and Traffic. All telecommunication facilities shall be constructed and operated in such
a manner as to minimize the amount of disruption caused to nearby properties. To that end, all
the following measures shall be implemented for all telecommunication facilities, unless
exempted from these measures by section 30.35.13.
(1) Outdoor noise producing construction activities shall only take place between the hours
of 8:00 a.m. and 6:00 p.m. unless allowed at other times by the planning manager or the
planning commission; and
(2) Backup generators shall only be operated during power outages and for testing and
maintenance purposes. If the facility is located within one hundred (100) feet of a
residential dwelling unit, noise attenuation measures shall be included to reduce noise
levels at the facility to a maximum exterior noise level of sixty (60) Ldn at the property line
and a maximum interior noise level of forty-five (45) Ldn. Testing and maintenance shall
only take place on weekdays between the hours of 8:00 a.m. and 6:00 p.m.
(k) Visual Compatibility. Facility structures and equipment shall be located, designed and
screened to blend with the existing natural or built surroundings, as well as any existing
supporting structures, so as to reduce visual impacts to the extent feasible. Facilities that are
proposed in residential zone districts or in PUDs with residential uses shall be designed to be
compatible in scale, mass and height with the character of surrounding uses through camouflage
or stealth techniques that will minimize their visual impacts.
30.35.20 NIER exposure.
(a) Public Health. No telecommunication facility shall be located or operated in such a manner
that it poses, either by itself or in combination with other such facilities, a potential threat to
public health. To that end, no telecommunication facility or combination of facilities shall
produce at any time power densities that exceed the FCC-adopted standard for human exposure,
as amended, or any more restrictive standard subsequently adopted or promulgated by the city,
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county, the State of California, or the federal government.
(b) Initial Compliance with NIER Levels. Initial compliance with this requirement shall be
demonstrated for any facility through submission, at the time of application for the necessary
permit or entitlement, of NIER (nonionizing electromagnetic radiation calculations) specifying
NIER levels where the levels produced are projected to be highest. If these calculated NIER
levels exceed eighty percent (80%) of the NIER standard established by this article, the applicant
shall hire a qualified electrical engineer licensed by the State of California to measure NIER
levels at said location after the facility is in operation. A report of these measurements and the
findings with respect to compliance with the established NIER standard shall be submitted to the
planning manager. NIER monitoring shall to be conducted utilizing the monitoring protocol
described in section 30.35.11. Said facility shall not commence normal operations until it
complies with this standard. Proof of said compliance shall be a certification provided by the
engineer who prepared the original report. In order to assure the objectivity of the analysis, the
city may require, at the applicant’s expense, independent verification of the results of the
analysis. Because of their intermittent nature, facilities solely for personal use, such as citizens
band radio antenna or antenna operated by a federally licensed amateur radio operator as part of
the amateur radio service, or for the incidental use of a co-located commercial activity, shall be
required to comply with applicable FCC rules for NIER emissions, but they shall be routinely
exempt from the submission requirements in this article.
(c) Ongoing Compliance with NIER Levels. Within ninety (90) days of operation, every
telecommunication facility and all broadcast radio and television facilities shall demonstrate
continued compliance with the NIER standard established by this article. Every two (2) years a
report listing each transmitter and antenna present at the facility and the effective radiated power
radiated shall be submitted to the planning manager. If either the equipment or effective radiated
power has changed, calculations specifying NIER levels where said levels are projected to be
highest shall be prepared. NIER calculations shall also be prepared every time the adopted NIER
standard changes. If calculated levels in either of these cases exceed eighty percent (80%) of the
standard established by this article, the operator of the facility shall hire a qualified electrical
engineer licensed by the State of California to measure the actual NIER levels produced. A
report of these calculations, required measurements, if any, and the author’s/engineer’s findings
with respect to compliance with the current NIER standard shall be submitted to the planning
manager within ninety (90) days of facility approval and every two (2) years thereafter. In the
case of a change in the standard, the required report shall be submitted within ninety (90) days of
the date said change becomes effective.
(d) Failed Compliance. Failure to supply the required reports or to remain in continued
compliance with the NIER standard established by this article shall be grounds for revocation of
the major and minor development permit or other entitlement.
30.35.210 Required findings for wireless telecommunication facilities.
In order to grant any permit for a wireless telecommunication facility, the approving body shall
make the required permit findings of section 30.50.30(b) (Conditional Use Permit—Application)
as well as the following findings:
(a) That either: (1) the development of the proposed wireless telecommunications facility as
conditioned will not significantly affect any visual resources, environmentally sensitive habitat
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and/or other significant City of Gilroy resources, including agricultural, open space, and
community character resources; or (2) there are no other environmentally equivalent and/or
superior and technically feasible alternatives to the proposed wireless telecommunications
facility as conditioned (including alternative locations and/or designs) with less visual and/or
other resource impacts and the proposed facility has been modified by condition and/or project
design to minimize and mitigate its visual and other resource impacts.
(b) That the site is adequate for the development of the proposed wireless telecommunications
facility and, for sites located in residential zoning districts or PUDs with residential uses, that the
applicant has demonstrated that there are not environmentally equivalent or superior and
technically feasible: (1) alternative sites outside residential zone districts or PUDs with
residential uses; and/or (2) alternative designs for the proposed facility as proposed and
conditioned.
(c) That the subject property upon which the wireless telecommunications facility is to be built is
in compliance with all rules and regulations of the City of Gilroy, including, but not limited to,
zoning uses, subdivisions and any other applicable provisions of this article, and that all zoning
violations have been abated and abatement costs, if any, have been paid.
(d) That the proposed wireless communication facility as conditioned is in compliance with all
FCC, FAA and California PUC standards and requirements.
Any decision to deny a permit for a wireless communication facility shall be in writing and shall
specifically identify the reasons for the decision.
30.35.221 Implementation and monitoring costs.
The wireless telecommunications service provider or its successors shall be responsible for the
payment of all reasonable costs associated with the monitoring of the conditions of approval
contained in this authorization, including costs incurred by the city, the office of the city attorney
or any other appropriate city department or agency. The planning division shall collect such costs
on behalf of the city.
30.35.232 Operation and maintenance standards.
All wireless telecommunication facilities shall comply at all times with the following operation
and maintenance standards:
(a) All facilities and related equipment, including lighting, fences, shields, cabinets, and poles,
shall be maintained in good repair, free from trash, debris, litter and graffiti and other forms of
vandalism, and any damage from any cause shall be repaired as soon as reasonably possible so as
to minimize occurrences of dangerous conditions or visual blight. Graffiti shall be removed from
any facility or equipment as soon as practicable pursuant to section 12.5.1.
(b) Each facility which contains trees, foliage or other landscaping elements, whether or not used
as screening, shall be maintained in good condition at all times, and the owner or operator of the
facility shall be responsible for replacing any damaged, dead or decayed landscaping promptly.
(c) Each facility for which a landscape plan was required and approved shall maintain the facility
and site in accordance with the approved landscape plan at all times. Amendments or
modifications to the plan shall be submitted for approval to the planning manager.
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(d) Each facility shall be operated in such a manner so as to minimize any possible disruption
caused by noise. Backup generators shall only be operated during periods of power outages, and
shall not be tested on weekends or holidays, or between the hours of 6:00 p.m. and 8:00 a.m. At
no time shall equipment noise from any source exceed an exterior noise level of sixty (60) dB at
the property line.
(e) Each owner or operator of a facility shall routinely and regularly inspect each site to ensure
compliance with the standards set forth in this article.
(f) Each owner or operator of a wireless telecommunications facility shall provide signage
identifying the name and phone number of a party to contact in event of an emergency. The
design, materials, colors, and location of signs shall be subject to design review. The signage
shall be attached to the base of any utility pole or light standard to which microcells are affixed.
30.35.243 Telecommunications Act exception procedures.
If the application of the requirements or limitations set forth in this article would have the effect
of violating the Federal Telecommunications Act as amended, the approving body shall grant a
Telecommunications Act exception to allow an exception to the offending requirement or
application. The applicant shall have the burden of proving that application of the requirement or
limitation would violate the Federal Telecommunications Act, and that no alternatives exist,
which would render the approval of a Telecommunications Act exception unnecessary. (Ord. No.
2013-08, § 2 (Exh. A), 8-5-13)
30.35.254 Appeal procedures.
Appeals to the denial or conditional approval of a wireless telecommunication application shall
be filed in accordance with section 30.51.50.
30.35.265 Transfer of operation.
Any carrier/service provider authorized by the planning manager or by the planning commission
to operate a specific wireless telecommunications facility may assign the operation of the facility
to another carrier licensed by the FCC for that radio frequency; provided, that such transfer is
made known to the director in advance of such operation and all conditions of approval for the
subject installation are carried out by the new carrier/service provider. However, the
carrier/service provider may, without advance notification, transfer operations of the facility to
its general partner or any party controlling, controlled by or under common control with the
carrier/service provider licensed by the FCC for that radio frequency.
30.35.276 Revocation of permit.
Failure to Comply with Any Condition Basis for Revocation. The wireless telecommunications
service provider or its successors shall comply fully with all conditions specified in this
authorization. Failure to comply with any condition shall constitute grounds for revocation of the
permit. The planning manager shall notify the service provider that a violation exists and request
compliance and a schedule for said compliance. Upon failure to comply, or if the schedule for
compliance will not bring the use into compliance in a reasonable amount of time, the planning
manager may schedule a public hearing before the planning commission to receive testimony
and other evidence relating to the violation of a condition of the authorization of the use of the
facility, and finding that violation, the commission may modify or revoke the permit. Such
revocation by the planning commission may be appealed to the city council. All hearings shall be
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noticed and conducted in accordance with the proceedings set forth in section 30.51.60.
30.35.287 Indemnity and liability.
(a) The personal wireless service provider shall defend with counsel of city’s choice, indemnify
and hold harmless the city or any of its boards, commissions, agents, officers, and employees
from any liability, claim, action, regulation, order or proceeding against the city, its boards,
commissions, agents, officers, or employees to attack, modify, set aside, void, or annul the
approval of the project, unless such liability, claim, action, regulation, order or proceeding results
from the city’s negligence or willful misconduct. The city shall promptly notify the personal
wireless service providers of any such claim, action, regulation, order or proceeding. Nothing
contained in this subsection shall prohibit the city from participating in a defense of any claim,
action, or proceeding of the city.
(b) Personal wireless service providers shall be strictly liable, and shall defend with counsel of
city’s choice, indemnify and hold harmless the city, for any and all liability, claim, action,
regulation, order or proceeding alleging pollution or contamination arising from their personal
wireless service facilities within the city. This liability shall include cleanup, injury or damage to
persons or property. Additionally, personal wireless service providers shall be responsible for
any sanctions, fines, or other monetary costs or injunctive relief imposed upon the personal
wireless service provider or the city as a result of the release of pollutants from their operations.
(c) Personal wireless service providers shall be strictly liable, and shall defend with counsel of
city’s choice, indemnify and hold harmless the city, for any and all liability, claim, action,
regulation, order or proceeding alleging electromagnetic waves or radio frequency emissions
within the city in excess of the Federal Communications Commission’s standards. This liability
shall include cleanup, injury or damage to persons or property. Additionally, personal wireless
service providers shall be responsible for any sanctions, fines, or other monetary costs or
injunctive relief imposed upon the personal wireless service provider or the city as a result of the
release of pollutants from their operations.
SECTION II
That a new Section 15 is added to Article 35 of Chapter 30 of the Gilroy City Code to read as
follows:
30.35.15 Zoning Clearance
(a) Purpose and Intent
Zoning Clearance is the procedure used by the City to verify that a proposed land use or structure
complies with the list of uses allowed in the applicable zone and the development standards
applicable to the use or structure.
(b) Applicability/Permit Requirement
A Zoning Clearance is required for the alteration, construction, modification, or reconstruction of
a wireless telecommunication collocation facility per section 30.35.14(b).
(c) Review Authority
The Director may issue a Zoning Clearance only after confirming that the proposed land use
and/or structure is in full compliance with all of the applicable provisions of this Development
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Code.
(d) Review Procedures
(1) Director’s Responsibility. The Director shall issue the Zoning Clearance after first
determining that the request complies with provisions of the Development Code applicable
to the proposed land use or structure.
(2) Form of Approval. Approval shall be indicated on a form provided by the City.
(3) Appeal. An appeal of the Director’s decision may be brought pursuant to section
30.51.50.
SECTION III
That Gilroy City Code Section 30.45.10 is amended to read as follows:
30.45.10 Adherence to zoning regulations. No use shall be allowed or building permit
shall be issued for any use within any zoning district unless all building, site, parking,
landscaping and sign plans have been submitted and approved by the director of planning.
SECTION IV
If any section, subsection, subdivision, sentence, clause or phrase of this Ordinance is for any
reason held to be unconstitutional or otherwise void or invalid by any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this
Ordinance. The City Council hereby declares that it would have passed this Ordinance and each
section, subsection, subdivision, sentence, clause, or phrase thereof, irrespective of the fact that
any one or more sections, subsections, subdivisions, sentences, clauses, or phrases be declared
unconstitutional.
SECTION V
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 ___ day of _______, 2018, by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
APPROVED:
_________________________
Roland Velasco, Mayor
ATTEST:
_______________________________
Shawna Freels, City Clerk
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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
Adopting Amendments to Article 30.35 of the Gilroy City Code
Entitled “Wireless Telecommunications, Antennas and Windmills”
and Article 30.45 of the Gilroy City Code Entitled “General
Regulations” Relating to the Installation of Wireless
Telecommunication Facilities
Meeting Date: December 4, 2017
From: Gabriel Gonzalez, City Administrator
Department: Planning Division
Submitted By: Kristi Abrams
Prepared By: Stan Ketchum
Strategic Plan Goals
☐ Financially Sustainable
and High Performing
☐ Livable Community ☐ Grow the Economy
☐ Upgrade Infrastructure ☐ Vibrant Downtown
RECOMMENDATION
a) Motion to read the ordinance by title only and waive further reading; and,
b) Motion to introduce an ordinance of the City Council of the City of Gilroy adopting
amendments to Article 30.35 of the Gilroy City Code Entitled “wireless
telecommunications, antennas and windmills” and Article 30.45 of the Gilroy City
Code entitled “General Regulations” relating to the installation of wireless
telecommunication facilities.
EXECUTIVE SUMMARY
The proposed text amendments would modify Section 30.35 Wireless
Telecommunications Facilities, Antennas and Windmills to bring the Zoning Ordinance
into conformance with federal and state legislation governing how local jurisdictions
regulate installation of wireless telecommunications facilities in public right -of-way and
on private property. The primary modifications of the ordinance would exempt certain
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wireless antenna networks (e.g. small cell and distributed area systems) from this Code
section, and would require companies proposing certain wireless antenna networks to
enter into master lease agreements. In addition, the amendment would eliminate
discretionary permit requirements for co-location facilities, and establish a ministerial
review process for such facilities.
The ordinance also includes various other minor revisions to ensure compliance with
new state and federal legal requirements. This ordinance addresses only sections
directly affected by the changes in state/federal laws and FCC regulations. The
Comprehensive Zoning Code Update, in progress, will undertake a more
comprehensive review of all aspects of the Zoning Ordinance.
POLICY DISCUSSION
The City Council is asked to revise Section 35 Wireless Telecommunications Facilities,
Antennas and Windmills to bring the Zoning Ordinance into conformance with federal
and state legislation governing how local jurisdictions regulate installation of wireless
telecommunications facilities in public right-of-way and on private property.
BACKGROUND
Since the mid-1990’s, both Congress and the Federal Communications Commission
(FCC) have established extensive laws and regulations that define the parameters by
which local governments are allowed to regulate installation of wireless
telecommunications facilities in both public right-of-way and on private property.
Formation of these laws has been driven by the wireless industry with the intent to
reduce and streamline the regulatory requirements and facilitate the expedited
deployment of the rapidly evolving wireless technology.
The primary demand for expanded wireless telecommunication capacity is not wireless
phones, but rather the exploding data requirements in response to the proliferation of
internet functions and “apps”, all of which generate and require increased data use and
storage capabilities.
The following is a brief summary of the key aspects of the primary legislation and FCC
rulings.
The Telecommunications Act of 1996 (the Act) – addresses placement of towers and
other facilities for use in providing personal wireless services. The Act included the
following key provisions:
• prohibited local governments from taking actions to discriminate against or
prohibit personal wireless facilities;
• preempted local governments from regulating proposed wireless facilities based
on the environmental effects of RF emissions; and
9.C.b
Packet Pg. 123 Attachment: City Council Staff Report (Acela) (1544 : Wireless Telecommunications Ordinance Modifications)
• required local governments to act “within a reasonable time” on wireless facility
installation requests.
FCC Declaratory Ruling (2009) – stated that 90 days is a reasonable timeframe for
processing collocation applications and 150 days is reasonable for any project that is
not a collocation application. These timeframes are applied to the discretionary
applications, e.g., planning permits.
The Middle Class Tax Relief and Job Creation Act of 2012 - Section 6409(a) -
imposed significant revisions to the requirements local governments mu st adhere to
when processing applications for wireless telecommunications facilities. The
following excerpts from Section 6409(a) define the fundamental legal changes
instituted.
• “.. a state or local government may not deny, and shall approve, any eligi ble
facilities request for modification of an existing wireless tower or base station that
does not substantially change the physical dimensions of such tower or base
station.”
• An “eligible facilities request” is defined in Section 6409(a), and the by F CC as
“any request or modification of an existing wireless tower or base station that
does not substantially change the physical dimensions of such towers or base
stations, involving the collocation of new, or removal or replacement of
transmission equipment.
• The definition of the term “substantial change” establishes the physical size,
location and other parameters that a project must meet to qualify as an eligible
facilities request.
FCC rules implementing Section 6409(a) added a requirement to approve eligible
facilities requests within 60 days of submittal.
California Assembly Bill AB57, passed in October, 2015, further limits local
government discretion in approval of wireless facilities. It states that a wireless
facility subject to Section 6409(a) that is an “eligible facility” and has not been
justifiably denied is “deemed approved” if the applicable FCC timeframe has run out.
Zoning Ordinance Chapter 30.35 Wireless Telecommunication Facilities, Antennas and
Windmills was originally adopted in December, 2003. Prior to that time, wireless
telecommunication facilities were regulated by the standard Zoning Ordinance
development provisions e.g., building setbacks and height, etc. There were no
provisions specifically addressing the unique characteristics and issues surrounding
wireless telecommunications towers and related facilities. The ordinance has only been
amended once, previously, to reflect a change in Federal law that requires a 10 -year
term for permits for wireless telecommunication facilities.
PLANNING COMMISSION DISCUSSION AND ACTION
9.C.b
Packet Pg. 124 Attachment: City Council Staff Report (Acela) (1544 : Wireless Telecommunications Ordinance Modifications)
At a public meeting on September 7, 2017, the Planning Commission discussion
focused on concerns raised by a recent article in the San Jose Mercury News that
described renewed concerns regarding the potential public health impacts of increased
numbers of wireless telecommunications antennas being deployed in many cities.
Commissioners suggested consideration of buffer zones surrounding sensitive land
uses, such as schools and daycare centers that prohibit location of wireless antennas.
The City Attorney reminded the Commission that FCC regulations prohibit jurisdictions
from denying an application for installation of a wireless telecommunications facility
based on potential health effects, if the facility meets FCC radio frequency thresholds.
The Commission voted to recommend the City Council deny the proposed ordinance on
a 5 – 2 vote (Commissioners Estorga and Rodriguez voting no). The Planning
Commission Resolution for denial is included as Attachment 3 of this agenda report.
ANALYSIS
The proposed ordinance is provided as Attachment 1. The primary modifications of the
ordinance include the following:
Establish that wireless telecommunication facilities including Distributed Area
Systems and Small Cell Wireless Networks attached to city-owned facilities, e.g.,
street lights in public right-of-way (ROW), are exempt from the requirements of
Chapter 30.35 Wireless Telecommunications, Antennas and Windmills. In place
of such compliance, such networks will require execution of a master lease
agreement with the City for use of the facilities. The lease will incorporate all of
the applicable requirements from the Zoning Ordinance, eliminating the need to
process discretionary permits for such projects and establish other provisions
including facility rent, maintenance, etc.
Eliminate discretionary permit requirements (Architecture and Site Review or
Conditional Use Permit) for the category of modifications to existing wireless
facilities defined in Federal law as co-locations (adding equipment to an existing
wireless facility) and establish a Zoning Clearance ministerial review to be
conducted prior to Building Permit approval, at which time Planning Staff will
verify that all Section 30.35 requirements are being met in the proposed Building
Permit application.
The decision to eliminate the discretionary approval requirement is based on the
cumulative effects of the changes in federal law. The majority of wireless
projects processed qualify as eligible facilities requests and collocations, and are
well within the allowed parameters of “substantial change”. They typically
contain very similar components and consistently meet most, if not all , of the
requirements of existing Chapter 30.35. The Middle Class Tax Relief and Job
Creation Act of 2012’s Section 6409(a) specifies that such projects must be
approved within 60 days, and are deemed approved if not done so by the City
within that timeframe. As a result, staff is recommending eliminating the existing
9.C.b
Packet Pg. 125 Attachment: City Council Staff Report (Acela) (1544 : Wireless Telecommunications Ordinance Modifications)
discretionary permit requirements in favor of a ministerial review by planning staff
prior to issuance of the building permit to ensure that the project meets the
requirements of Section 30.35.
The two above modifications will significantly streamline the process for approval of
wireless telecommunications facilities in Gilroy, facilitating improved wireless service for
residents, businesses and visitors while maintaining the standards incorporated in the
Zoning Ordinance.
As noted above the ordinance also includes various other minor revisions to ensure
compliance with new state and federal legal requirements. These are outlined in the
Planning Commission staff report, included as Attachment 2.
ALTERNATIVES
Should the City Council wish to approve the changes to Sect ion 30.35 Wireless
Telecommunications, Antennas and Windmills, as proposed, or as modified by the
Council. An approval ordinance is attached. This is the recommended action.
Should the Council choose not to approve the proposed ordinance , the current Section
30.35 will remain in place, including those provisions which are inconsistent with federal
and state law and FCC regulations. This action is not recommended.
FISCAL IMPACT/FUNDING SOURCE
A very minor net reduction in fee revenues would be anticipated due to the reduction in
the number of Architecture and Site Review permits resulting from the elimination of the
permit requirement for certain Wireless projects. Over the last four years, the Planning
Division has received an average of six (6) permit ap plications for wireless antenna
modifications each year. The permit fee is $4,065.00, which would equate to a potential
loss of an average of $24,390.00 annually.
However, the reduction in the number of applications will also result in a parallel
reduction in staff workload. The proposed new Zoning Clearance application will
include a lower, and not yet determined fee and staff review process, which will result in
a somewhat reduced net level of fee revenue reduction.
NEXT STEPS
Should the Council adopt the recommended changes, the ordinance will be scheduled
for adoption at the next regular meeting and will be effective 30 days thereafter.
Attachments:
1. 30.35 - 45 Wireless Ordinance
2. Planning Commission Staff Report
3. Signed PC Reso without ord.
9.C.b
Packet Pg. 126 Attachment: City Council Staff Report (Acela) (1544 : Wireless Telecommunications Ordinance Modifications)
City of Gilroy
STAFF REPORT
Agenda Item Title: Introduction of an Ordinance of the City Council of the City of Gilroy
Adopting Amendments to Article 30.35 of the Gilroy City Code
Entitled “Wireless Telecommunications, Antennas and Windmills”
and Article 30.45 of the Gilroy City Code Entitled “General
Regulations” Relating to the Installation of Wireless
Telecommunication Facilities
Meeting Date: December 4, 2017
From: Gabriel Gonzalez, City Administrator
Department: Planning Division
Submitted By: Kristi Abrams
Prepared By: Stan Ketchum
Strategic Plan Goals
☐ Financially Sustainable
and High Performing
☐ Livable Community ☐ Grow the Economy
☐ Upgrade Infrastructure ☐ Vibrant Downtown
RECOMMENDATION
a) Motion to read the ordinance by title only and waive further reading; and,
b) Motion to introduce an ordinance of the City Council of the City of Gilroy adopting
amendments to Article 30.35 of the Gilroy City Code Entitled “wireless
telecommunications, antennas and windmills” and Article 30.45 of the Gilroy City
Code entitled “General Regulations” relating to the installation of wireless
telecommunication facilities.
EXECUTIVE SUMMARY
The proposed text amendments would modify Section 30.35 Wireless
Telecommunications Facilities, Antennas and Windmills to bring the Zoning Ordinance
into conformance with federal and state legislation governing how local jurisdictions
regulate installation of wireless telecommunications facilities in public right -of-way and
on private property. The primary modif ications of the ordinance would exempt certain
9.C.c
Packet Pg. 127 Attachment: 12/4/17 City Council Staff Agenda Report (report only) (1544 : Wireless Telecommunications Ordinance Modifications)
wireless antenna networks (e.g. small cell and distributed area systems) from this Code
section, and would require companies proposing certain wireless antenna networks to
enter into master lease agreements. In addition, the amendment would eliminate
discretionary permit requirements for co-location facilities, and establish a ministerial
review process for such facilities.
The ordinance also includes various other minor revisions to ensure compliance with
new state and federal legal requirements. This ordinance addresses only sections
directly affected by the changes in state/federal laws and FCC regulations. The
Comprehensive Zoning Code Update, in progress, will undertake a more
comprehensive review of all aspects of the Zoning Ordinance.
POLICY DISCUSSION
The City Council is asked to revise Section 35 Wireless Telecommunications Facilities,
Antennas and Windmills to bring the Zoning Ordinance into conformance with federal
and state legislation governing how local jurisdictions regulate installation of wireless
telecommunications facilities in public right-of-way and on private property.
BACKGROUND
Since the mid-1990’s, both Congress and the Federal Communications Commission
(FCC) have established extensive laws and regulations that define the parameters by
which local governments are allowed to regulate installation of wireless
telecommunications facilities in both public right-of-way and on private property.
Formation of these laws has been driven by the wireless industry with the intent to
reduce and streamline the regulatory requirements and facilitate the expedited
deployment of the rapidly evolving wireless technology.
The primary demand for expanded wireless telecommunication capacity is not wireless
phones, but rather the exploding data requirements in response to the proliferation of
internet functions and “apps”, all of which generate and require increased data use and
storage capabilities.
The following is a brief summary of the key aspects of the primary legislation and FCC
rulings.
The Telecommunications Act of 1996 (the Act) – addresses placement of towers and
other facilities for use in providing personal wireless services. The Act included the
following key provisions:
• prohibited local governments from taking actions to discriminate against or
prohibit personal wireless facilities;
• preempted local governments from regulating proposed wireless facilities based
on the environmental effects of RF emissions; and
9.C.c
Packet Pg. 128 Attachment: 12/4/17 City Council Staff Agenda Report (report only) (1544 : Wireless Telecommunications Ordinance Modifications)
• required local governments to act “within a reasonable time” on wireless facility
installation requests.
FCC Declaratory Ruling (2009) – stated that 90 days is a reasonable timeframe for
processing collocation applications and 150 days is reasonable for any project that is
not a collocation application. These timeframes are applied to the discretionary
applications, e.g., planning permits.
The Middle Class Tax Relief and Job Creation Act of 2012 - Section 6409(a) -
imposed significant revisions to the requirements local governments mu st adhere to
when processing applications for wireless telecommunications facilities. The
following excerpts from Section 6409(a) define the fundamental legal changes
instituted.
• “.. a state or local government may not deny, and shall approve, any eligi ble
facilities request for modification of an existing wireless tower or base station that
does not substantially change the physical dimensions of such tower or base
station.”
• An “eligible facilities request” is defined in Section 6409(a), and the by F CC as
“any request or modification of an existing wireless tower or base station that
does not substantially change the physical dimensions of such towers or base
stations, involving the collocation of new, or removal or replacement of
transmission equipment.
• The definition of the term “substantial change” establishes the physical size,
location and other parameters that a project must meet to qualify as an eligible
facilities request.
FCC rules implementing Section 6409(a) added a requirement to approve eligible
facilities requests within 60 days of submittal.
California Assembly Bill AB57, passed in October, 2015, further limits local
government discretion in approval of wireless facilities. It states that a wireless
facility subject to Section 6409(a) that is an “eligible facility” and has not been
justifiably denied is “deemed approved” if the applicable FCC timeframe has run out.
Zoning Ordinance Chapter 30.35 Wireless Telecommunication Facilities, Antennas and
Windmills was originally adopted in December, 2003. Prior to that time, wireless
telecommunication facilities were regulated by the standard Zoning Ordinance
development provisions e.g., building setbacks and height, etc. There were no
provisions specifically addressing the unique characteristics and issues surrounding
wireless telecommunications towers and related facilities. The ordinance has only been
amended once, previously, to reflect a change in Federal law that requires a 10 -year
term for permits for wireless telecommunication facilities.
PLANNING COMMISSION DISCUSSION AND ACTION
9.C.c
Packet Pg. 129 Attachment: 12/4/17 City Council Staff Agenda Report (report only) (1544 : Wireless Telecommunications Ordinance Modifications)
At a public meeting on September 7, 2017, the Planning Commission discussion
focused on concerns raised by a recent article in the San Jose Mercury News that
described renewed concerns regarding the potential public health impacts of increased
numbers of wireless telecommunications antennas being deployed in many cities.
Commissioners suggested consideration of buffer zones surrounding sensitive land
uses, such as schools and daycare centers that prohibit location of wireless antennas.
The City Attorney reminded the Commission that FCC regulations prohibit jurisdictions
from denying an application for installation of a wireless telecommunications facility
based on potential health effects, if the facility meets FCC radio frequency thresholds.
The Commission voted to recommend the City Council deny the proposed ordinance on
a 5 – 2 vote (Commissioners Estorga and Rodriguez voting no). The Planning
Commission Resolution for denial is included as Attachment 3 of this agenda report.
ANALYSIS
The proposed ordinance is provided as Attachment 1. The primary modifications of the
ordinance include the following:
Establish that wireless telecommunication facilities including Distributed Area
Systems and Small Cell Wireless Networks attached to city-owned facilities, e.g.,
street lights in public right-of-way (ROW), are exempt from the requirements of
Chapter 30.35 Wireless Telecommunications, Antennas and Windmills. In place
of such compliance, such networks will require execution of a master lease
agreement with the City for use of the facilities. The lease will incorporate all of
the applicable requirements from the Zoning Ordinance, eliminating the need to
process discretionary permits for such projects and establish other provisions
including facility rent, maintenance, etc.
Eliminate discretionary permit requirements (Architecture and Site Review or
Conditional Use Permit) for the category of modifications to existing wireless
facilities defined in Federal law as co-locations (adding equipment to an existing
wireless facility) and establish a Zoning Clearance ministerial review to be
conducted prior to Building Permit approval, at which time Planning Staff will
verify that all Section 30.35 requirements are being met in the proposed Building
Permit application.
The decision to eliminate the discretionary approval requirement is based on the
cumulative effects of the changes in federal law. The majority of wireless
projects processed qualify as eligible facilities requests and collocations, and are
well within the allowed parameters of “substantial change”. They typically
contain very similar components and consistently meet most, if not all, of the
requirements of existing Chapter 30.35. The Middle Class Tax Relief and Job
Creation Act of 2012’s Section 6409(a) specifies that such projects must be
approved within 60 days, and are deemed approved if not done so by the City
within that timeframe. As a result, staff is recommending eliminating the existing
9.C.c
Packet Pg. 130 Attachment: 12/4/17 City Council Staff Agenda Report (report only) (1544 : Wireless Telecommunications Ordinance Modifications)
discretionary permit requirements in favor of a ministerial review by planning staff
prior to issuance of the building permit to ensure that the project meets the
requirements of Section 30.35.
The two above modifications will significantly streamline the process for approval of
wireless telecommunications facilities in Gilroy, facilitating improved wireless service for
residents, businesses and visitors while maintaining the standards incorporated in the
Zoning Ordinance.
As noted above the ordinance also includes various other minor revisions to ensure
compliance with new state and federal legal requirements. These are outlined in the
Planning Commission staff report, included as Attachment 2.
ALTERNATIVES
Should the City Council wish to approve the changes to Sect ion 30.35 Wireless
Telecommunications, Antennas and Windmills, as proposed, or as modified by the
Council. An approval ordinance is attached. This is the recommended action.
Should the Council choose not to approve the proposed ordinance, the current Sec tion
30.35 will remain in place, including those provisions which are inconsistent with federal
and state law and FCC regulations. This action is not recommended.
FISCAL IMPACT/FUNDING SOURCE
A very minor net reduction in fee revenues would be anticipated due to the reduction in
the number of Architecture and Site Review permits resulting from the elimination of the
permit requirement for certain Wireless projects. Over the last four years, the Planning
Division has received an average of six (6) permit applications for wireless antenna
modifications each year. The permit fee is $4,065.00, which would equate to a potential
loss of an average of $24,390.00 annually.
However, the reduction in the number of applications will also result in a parallel
reduction in staff workload. The proposed new Zoning Clearance application will
include a lower, and not yet determined fee and staff review process, which will result in
a somewhat reduced net level of fee revenue reduction.
NEXT STEPS
Should the Council adopt the recommended changes, the ordinance will be scheduled
for adoption at the next regular meeting and will be effective 30 days thereafter.
Attachments:
1. 30.35 - 45 Wireless Ordinance
2. Planning Commission Staff Report
3. Signed PC Reso without ord.
9.C.c
Packet Pg. 131 Attachment: 12/4/17 City Council Staff Agenda Report (report only) (1544 : Wireless Telecommunications Ordinance Modifications)
City of Gilroy
STAFF REPORT
Agenda Item Title: Introduction of an Ordinance of the City Council of the City of Gilroy
Amending City Code Sections 18.1 (2) and 18.6 (b) to Allow for the
Consumption of Alcohol in Public Parks on a Permit Basis in
Certain Designated Drinking Areas Only
Meeting Date: January 22, 2018
From: Gabriel Gonzalez, City Administrator
Department: Police Department
Submitted By: Scot Smithee
Prepared By: Scot Smithee
Strategic Plan Goals
☐ Financially Sustainable
and High Performing
Livable Community ☐ Grow the Economy
☐ Upgrade Infrastructure ☐ Vibrant Downtown
RECOMMENDATION
a) Motion to read the ordinance by title only, and waive further reading; and,
b) Motion to introduce an Ordinance of the City Council of the City of Gilroy
Amending City Code Sections 18.1 (2) and 18.6 (b) to Allow for the Consumption
of Alcohol in Public Parks on a Permit Basis in Certain Designated Drinking
Areas Only
BACKGROUND
This policy was first introduced as part of the Police Department’s plan to address
homeless issues and an ordinance was adopted by Council on January 2, 2014.
Council adopted the ordinance as a one year trial period for the calendar year 2014. At
the end of the trial period Council was asked to consider adop ting the ordinance on a
permanent basis. Council chose to re-authorize the ordinance for a three year period
which expired December 31, 2017.
10.A
Packet Pg. 132
The initial one year trial period for this ordinance was calendar year 2014. The Parks
Division of the Public Works Department and the Recreation Department modified their
reservation system to include approval of alcohol (beer & wine) in designated areas
during specific times as defined in the ordinance. Once the initial section was enacted
the Police Department took a proactive approach to educate the patrons of the parks;
and rather than issuing citations, officers gave warnings during the brief implementation
period. City staff placed signs at all of the parks notifying the public of the requirement
for a permit.
The Parks Division and Recreation Department continues to issue permits for alcohol
consumption as part of their reservation process, and have reported that this system
has been working well.
ANALYSIS
After the initial education and warning period in 2014, the Police Department issued a
total of 16 citations for violations of this ordinance. In 2015 , 11 citations were issued,
followed by 1 in 2016 and 4 in 2017.
The importance of the ordinance is not determined by how many citations are issued,
but by the education and behavior modification realized as a result. The ordinance
provides a mechanism to enforce alcohol consumption restrictions and cite individuals
for violation of the City’s ordinance. Success is measured by the level of compliance
realized, but the threat of citation for non-compliance is important.
ALTERNATIVES
1. The City Council may vote to enact this ordinance to maintain the alcohol
restrictions in City parks which has been in place for the past 4 years. During this
time period compliance has increased and citations have decreased indicating a
successful result. Recommended.
2. The City Council may vote to approve an ordinance for another limited term , as
was done previously. This ordinance has been passed twice for trial period s.
Both trial periods were deemed successful with recommendation s to make the
ordinance permanent. Staff does not see value in instituting a third trial period
or temporary ordinance which would require a fourth report to council for re-
consideration of this ordinance. Not recommended.
3. The City Council may vote not to approve this ordinance. The previous
ordinance expired on December 31, 2017. This will allow the consumption of
alcohol in designated areas of City parks without the requirement of a permit.
This would result in fewer options available for police officers to deal with
problem individuals drinking alcohol in our City parks. Not recommended.
FISCAL IMPACT/FUNDING SOURCE
Adoption of this ordinance would continue the status quo; therefor there are no fiscal
10.A
Packet Pg. 133
impacts.
NEXT STEPS
The proposed amendment to City of Gilroy Code Chapter 18.6 (b) is presented to the
City Council for introduction at this meeting. Should the City Council accept staff’s
recommendation to approve this ordinance it will be scheduled for adoption at the next
regular meeting on February 5, 2018 and will be effective 30 days thereafter.
Additionally, should the City Council adopt this Ordinance the Police Department will
continue to enforce the restrictions concerning alcohol consumption in our City Parks.
The Parks Division and the Recreation Department will continue to include alcohol
consumption as part of their reservation process, which allows alcohol consumption in
designated areas of the park for event reservations.
Attachments:
1. Ordinance Amending 18.1 18.6.b
10.A
Packet Pg. 134
ORDINANCE 2014-17 4825-9876-8662v3
MVAKHARIA\04706083
ORDINANCE NO. 2018-XX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GILROY AMENDING CITY CODE SECTIONS 18.6(b)
AND 18.1(2) TO ALLOW THE CONSUMPTION OF
ALCOHOL IN PUBLIC PARKS ON A PERMIT BASIS IN
CERTAIN DESIGNATED DRINKING AREAS ONLY
WHEREAS, the California Constitution, article XI section 7, confers on the City of
Gilroy (“City”) the power to make and enforce within its limits all local, police, sanitary and
other ordinances and regulations not in conflict with general laws; and
WHEREAS, on July 1, 2013, the Gilroy City Council received a status report from the
Gilroy Police Department outlining several strategies to help reduce the impacts of homelessness
and improve the quality of life for residents in Gilroy; and
WHEREAS, on December 2, 2013, the Gilroy City Council enacted Ordinance 2013-14
for a 12 month period in an effort to implement one of the strategies identified in the report; and
WHEREAS, on December 1, 2014 the City Council enacted Ordinance 2014-17 for a 3
year period in an effort to implement one of the strategies identified in the report to allow the
consumption of alcohol in public parks on a permit basis in certain designated drinking areas
only; and
WHEREAS, the City Council now desires to permanently amend the City Code to allow
the consumption of alcohol in public parks on a permit basis in certain designated drinking areas
only; and
WHEREAS, this Ordinance is exempt from environmental review pursuant to Section
15061(b)(3) of the State Guidelines implementing the California Environmental Quality Act of
1970, as amended.
10.A.a
Packet Pg. 135 Attachment: Ordinance Amending 18.1 18.6.b [Revision 2] (1528 : City Code Chapter 18.6 (b))
ORDINANCE 2014-17 4825-9876-8662v3
MVAKHARIA\04706083
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION I
Chapter 18, Section 18.1(2) of the Gilroy City Code is hereby repealed in its entirety and
replaced with a new Section 18.1(2) to read as follows:
(2) “‘Director’” means the director of the Recreation Department.”
SECTION II
Chapter 18, Section 18.6(b) of the Gilroy City Code is hereby repealed in its entirety and
replaced with a new Section 18.6(b) to read as follows:
“(b) Notwithstanding the above, beer and wine may be consumed at the Oaks and
Lakeside picnic areas in Las Animas Park and at the East and West Mulberry,
Walnut, and Sycamore picnic areas in Christmas Hill Park with a valid City of
Gilroy Reservation, reserving one of these areas, and only upon the following
conditions:
(1) Beer and wine may only be consumed in the above defined areas
between the hours of 4:00 p.m. and 8:00 p.m. Monday—Friday, and 12:00
noon—8:00 p.m. Saturday, Sunday and Holidays.
(2) Beer and wine must be under the control and supervision of a
responsible adult.
(3) Adequate precautions must be in place to prevent consumption of the
beer and wine by minors.
(4) Adequate provision must be made for the cleanup of any debris or
refuse associated with the service or consumption of the beer and/or wine.
(5) The consumption of beer and/or wine must not unreasonably interfere
with other park users.”
SECTION III
If any section, subsection, subdivision, sentence, clause, or phrase of this Ordinance is for
any reason held to be unconstitutional or otherwise void or invalid by any court of competent
jurisdiction, the validity of the remaining portion of this Ordinance shall not be affected thereby.
SECTION IV
Pursuant to section 608 of the Charter of the City of Gilroy, this Ordinance shall be in full
force and effect thirty (30) days from and after the date of its adoption.
10.A.a
Packet Pg. 136 Attachment: Ordinance Amending 18.1 18.6.b [Revision 2] (1528 : City Code Chapter 18.6 (b))
ORDINANCE 2014-17 4825-9876-8662v3
MVAKHARIA\04706083
PASSED AND ADOPTED this ____ day of February, 2018 by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
APPROVED:
______________________________
Roland Velasco, Mayor
ATTEST:
Shawna Freels, City Clerk
ORDINANCE NO. 2018-XX
10.A.a
Packet Pg. 137 Attachment: Ordinance Amending 18.1 18.6.b [Revision 2] (1528 : City Code Chapter 18.6 (b))