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HomeMy WebLinkAbout02/05/2018 City Council - Regular Meeting Agenda Packet February 1, 2018 2:40 PM City Council Regular Meeting Agenda Page1 MAYOR Mayor Roland Velasco COUNCIL MEMBERS Marie Blankley 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, FEBRUARY 5, 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 Coun cil are requested, but not required, to complete a Speaker’s Card located at the entrances. Public testimony is subject to reasonable regulations, including but not limited to time restrictions for each individual speaker. A minimum of 12 copies of materials should be provided to the City Clerk for distribution to the Council and Staff. Please limit your comments to 3 minutes. In compliance with the Americans with Disabilities Act, the City will make reasonable arrangements to ensure accessibility to this meeting. If you need special assistance to participate in this meeting, please contact the City Clerk a minimum of 72 hours prior to the meeting at (408) 846-0204. A sound enhancement system is also available for use in the City Council Chambers. If you challenge any planning or land use decision made at this meeting in court, you may be limited to raising only those issues you or someone else raised at the public hearing held at this meeting, or in written correspondence delivered to the City Council at, or prior to, the public hearing. Please take notice that the time within which to seek judicial review of any final administrative determination reached at this meeting is governed by Section 1094.6 of the California Code of Civil Procedure. A Closed Session may be called during this meeting pursuant to Government Code Section 54956.9 (d)(2) if a point has been reached where, in the opinion of the legislative body of the City on the advice of its legal counsel, based on existing facts and circumstanc es, 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 o f Administration at City Hall, 7351 Rosanna Street during normal business hours. These materials are also available with the agenda packet on the City website at www.cityofgilroy.org subject to Staff’s ability to post the documents before the meeting. The City Council meets regularly on the first and third Monday of each month, at 6:00 p.m. If a holiday, the meeting will be rescheduled to the following Monday, with the exception of the single meeting in July which lands on the first day of the month not a holiday, Friday, Saturday or Sunday. City Council Regular Meeting Agenda 02/5/2018 Page2 KNOW YOUR RIGHTS UNDER THE GILROY OPEN GOVERNMENT ORDINANCE Government's duty is to serve the public, reaching its decisions in full view of the public. Commissions, task forces, councils and other agencies of the City exist to conduct the people's business. This ordinance assures that deliberations are conducted before the people and that City operations are open to the people's review. FOR MORE INFORMATION ON YOUR RIGHTS UNDER THE OPEN GOVERNMENT ORDINANCE, TO RECEIVE A FREE COPY OF THE ORDINANCE OR TO REPORT A VIOLATION OF THE ORDINANCE, CONTACT THE OPEN GOVERNMENT COMMISSION STAFF AT (408) 846-0204 or shawna.freels@cityofgilroy.org I. OPENING A. Call to Order 1. Pledge of Allegiance 2. Invocation 3. City Clerk's Report on Posting the Agenda 4. Roll Call B. Orders of the Day C. Employee Introductions II. CEREMONIAL ITEMS A. Proclamations, Awards, and Presentations 1. Certificate Recognizing Eagle Scout Dawson Summers 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.) A. Open Government Commission Annual Presentation to Council City Council Regular Meeting Agenda 02/5/2018 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 routi ne and will be enacted by one motion. There will be no separate discussion of these items unless a request is made by a member of the City Council or a member of the public. Any person desiring to speak on any item on the consent calendar should ask to hav e 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 22, 2018 Regular Meeting B. Utility Easement Agreement with Pacific Gas and Electric (PG&E) on a Portion of a City Owned Parcel Within the Hecker Pass Development Area APN 810-20-023 C. Adoption of a Resolution of the City Council of the City of Gilroy to Declare Weeds and Refuse a Public Nuisance to Begin the Annual Weed and Refuse Abatement Process D. Adoption 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 (introduced 1/22/18 with a 7-0 vote) E. Claim of Socorro Muniz (The City Administrator recommends a “yes” vote under the Consent Calendar shall constitute the denial of the claim) VII. BIDS AND PROPOSALS - NONE VIII. PUBLIC HEARINGS City Council Regular Meeting Agenda 02/5/2018 Page4 A. Introduction of an Ordinance of the City Council of the City of Gilroy Removing Article 30.38 "Landscaping" in its Entirety and Replacing it With a New Article 30.38 Entitled "Landscaping, Water Efficiency and Stormwater Retention and Treatment" Relating to the Installation and Maintenance of Landscaping in Existing and New Development 1. Staff Report: Kristi Abrams, Community Development Director 2. Open Public Hearing 3. Close Public Hearing 4. 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 Removing Article 30.38 “Landscaping” in its Entirety and Replacing it With a New Article 30.38 Entitled "Landscaping, Water Efficiency, and Stormwater R etention and Treatment" Relating to the Installation and Maintenance of Landscaping in Existing and New Development IX. UNFINISHED BUSINESS A. Appointment of Members to Boards, Commissions and Committees with Member Terms Expired or Vacant as of 12/31/2017 1. Staff Report: Shawna Freels, City Clerk 2. Public Comment 3. Possible Action: Appointment of members to the Arts and Culture Commission, Historic Heritage Committee, Housing Advisory Committee, Library Commission and Planning Commission X. INTRODUCTION OF NEW BUSINESS A. Selection of Mayor Pro Tempore 1. Staff Report: Mayor Roland Velasco, Mayor 2. Public Comment 3. Possible Action: Appointment of Mayor Pro Tempore. XI. CITY ADMINISTRATOR'S REPORTS A. Assessment Report of Select City Commissions and Committees 1. Staff Report: Gabriel Gonzalez, City Administrator 2. Public Comment 3. Possible Action: Receive report and provide direction to staff. XII. CITY ATTORNEY'S REPORTS XIII. CLOSED SESSION City Council Regular Meeting Agenda 02/5/2018 Page5 A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION; Paragraph (1) of Subdivision (d) of 54956.9 and Gilroy City Code Section 17A.11(3)(a); Case Name: Patricia Harrell v. City of Gilroy, et al.; Santa Clara Co. Superior Court, Case No. 17VC314125, Filed August 7, 2017 B. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code Section 54957 and Gilroy City Code Section 17A.8 (a) (4) Name/Title: Shawna Freels, City Clerk 1. Public Comment on Closed Session Items 2. City Attorney’s Advice Re: Entering into Closed Session on Item A 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 req uired under Gilroy Code Section 17A.11 (5) ADJOURNMENT MEETING DATES 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 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 Certificate of Commendation The Mayor and City Council of the City of Gilroy Issues to Dawson Summers this Certificate in Recognition of Your Award of Distinction as Eagle Scout by Boy Scouts of America _________________ Mayor Roland Velasco 2.A.1 Packet Pg. 6 Communication: Certificate Recognizing Eagle Scout Dawson Summers (Proclamations, Awards, and Presentations) 1 City Council Meeting Minutes 01/22/2018 City of Gilroy City Council Meeting Minutes January 22, 2018 I. OPENING A. Call to Order The meeting was called to order at 6:00 PM by Mayor Roland Velasco 1. Pledge of Allegiance The pledge of allegiance was led by Council Member Harney. 2. Invocation The invocation was given by Pastor Greg Quirke of South Valley Community Church. 3. City Clerk's Report on Posting the Agenda City Clerk Shawna Freels announced that the agenda had been posted on January 17, 2018 at 4:45 p.m. 4. Roll Call Attendee Name Title Status Arrived Roland Velasco Mayor Present 5:45 PM Dion Bracco Council Member Present 5:44 PM Daniel Harney Council Member Present 6:04 PM Peter Leroe-Muñoz Council Member Present 5:55 PM Fred Tovar Council Member Present 5:48 PM Cat Tucker Council Member Present 6:00 PM B. Orders of the Day Mayor Velasco suggested that Item IX.A. City Council Vacancy and Interviews be moved up the agenda following the Consent Calendar. The Council agreed to move the item. C. Employee Introductions Recreation Director De Leon introduced newly hired part time Recreation Leader Cielo Lopez. 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 Football Titles Mayor Velasco presented the proclamations to both school football coaches and football players present. 6.A Packet Pg. 7 Communication: Minutes of the January 22, 2018 Regular Meeting (CONSENT CALENDAR (ROLL CALL VOTE)) 2 City Council Meeting Minutes 01/22/2018 2. Proclamation Recognizing South Valley Association for the Developmentally Disabled Mayor Velasco presented the proclamation. 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 Zachary Hilton of the Bicycle Pedestrian Commission spoke on the upcoming Lime Bike bike-share presentation and spoke on the opening of Golden State Brewery. IV. REPORTS OF COUNCIL MEMBERS Council Member Tucker spoke on the Habitat Agency Governing and Implementation Board meetings and spoke on her recent appointment to the Recycling and Waste Commission as a South County representative. Council Member Harney spoke on the Habitat Agency meetings, upcoming VTA So. County Group meeting regarding High Speed Rail, the Silicon Valley Clean Energy reimbursement to the city and their planned use of Gilroy Garden's for a Bike to the Future competition. He shared his support of the Lime Bike bike-sharing program and concluded by congratulating the high school football teams. Council Member Tovar spoke on the recent Martin Luther King, Jr. leadership celebration and his meeting with the Chamber, and concluded by sharing the Gilroy restaurant week event at local restaurants. Council Member Leroe-Muñoz spoke on the Santa Clara Valley Cities Association meeting and discussions of 2018 policies of the agency, and asked the Council for recommendations to present to the regional body. Mayor Velasco spoke on the recent Economic Development Corporation meeting and spoke on the Golden State Brewery opening. V. FUTURE COUNCIL INITIATED AGENDA ITEMS Mayor Pro Tempore Bracco asked for an update on the First Street paving project, and a report for the strategic planning session on the use of contract labor and consultant use with a 5-year trending to include total hours or total monies spent. Council Member Tucker asked to agendize a prese ntation from County Health and Human services to detail the services that were available for the homeless throughout south county. The Council agreed to agendize the items. VI. CONSENT CALENDAR (ROLL CALL VOTE) 6.A Packet Pg. 8 Communication: Minutes of the January 22, 2018 Regular Meeting (CONSENT CALENDAR (ROLL CALL VOTE)) 3 City Council Meeting Minutes 01/22/2018 RESULT: APPROVE [UNANIMOUS] MOVER: Dion Bracco, Council Member SECONDER: Peter Leroe-Muñoz, Council Member AYES: Velasco, Bracco, Harney, Leroe-Muñoz, Tovar, Tucker 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 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 The staff report was presented by City Clerk Freels. The Council interviewed candidates. Public comment was opened. Bill O'Connor spoke on the previous election results suggesting that Council consider Tom Fischer as he was the next highest vote getter at the November, 2016 election. Susan Mister shared her thoughts on the Council appointment suggesting that Council consider the appointment of Marie Blankley. Denise Sellers spoke in support of Marie Blankley suggesting that Council appoint her to the open seat. Phil Buchanan spoke in support of the appointment of Marie Blankley Carolyn Tognetti as representative of Gilroy Growing Smarter spoke in support of the appointment of Tom Fischer. Ermelindo Puente spoke in support of the appointment of Marie Blankley to the open seat. Susan Valenta spoke in support of the appointment of Marie Blankley to the open seat. Ron Kirkish spoke on the tremendous qualifications of the candidates suggesting that Council consider Marie Blankley for the open seat. Paul Vanni spoke in support of the appointment of Marie Blankley. Deb Smith shared her support of the appointment of Marie Blankley and read a letter of support written by Vicki Campenella. Jodi Barr spoke in support of the appointment of Reid Lerner to the vacant seat. 6.A Packet Pg. 9 Communication: Minutes of the January 22, 2018 Regular Meeting (CONSENT CALENDAR (ROLL CALL VOTE)) 4 City Council Meeting Minutes 01/22/2018 Public comment was then closed. Possible Action: Appointment of Marie Blankley to fill the vacancy until a successor is elected at the next general municipal election of November 6, 2018 RESULT: APPROVE [5 TO 1] MOVER: Fred Tovar, Council Member SECONDER: Dion Bracco, Council Member AYES: Velasco, Bracco, Harney, Tovar, Tucker NAYS: Leroe-Muñoz The Council took a recess and reconvened at 8:32 p.m. Marie Blankley was sworn into office by City Clerk Freels. 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 The staff report was introduced by Community Development Director Abrams and further presented by Planner Jim Carney. The public hearing was opened. Patricia Bentson of the Parks and Recreation Commission suggested that the Council receive recommendations from the Parks and Recreation Commission on the proposal. Jerrod Coddington spoke on the Cherry Blossom property location and alignment to the planned High Speed Rail and suggested that the Council recognize the impacts. The public hearing was then closed. 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. RESULT: APPROVE [UNANIMOUS] MOVER: Fred Tovar, Council Member SECONDER: Dion Bracco, Council Member AYES: Blankley, Velasco, Bracco, Harney, Leroe-Muñoz, Tovar, Tucker 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 The staff report was presented by Public Works Director Awoke. Public comment was opened. 6.A Packet Pg. 10 Communication: Minutes of the January 22, 2018 Regular Meeting (CONSENT CALENDAR (ROLL CALL VOTE)) 5 City Council Meeting Minutes 01/22/2018 Patricia Bentson of the Parks and Recreation Commission suggested that the Council receive recommendations from the Parks and Recreation Commission on future proposals of park projects. Public comment was then closed. Possible Action: 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, approve contingency funding of $32,516 for unforeseen field conditions and/or additional work necessary to complete the project. RESULT: APPROVE [6 TO 1] MOVER: Cat Tucker, Council Member SECONDER: Peter Leroe-Muñoz, Council Member AYES: Blankley, Velasco, Bracco, Leroe-Muñoz, Tovar, Tucker NAYS: Daniel Harney B. Las Animas Park Trail Rehabilitation Construction Management Services Contract The staff report was presented by Public W orks Director Awoke. There were no public comments. 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. RESULT: APPROVE [6 TO 1] MOVER: Cat Tucker, Council Member SECONDER: Dion Bracco, Council Member AYES: Member, Velasco, Bracco, Leroe-Muñoz, Tovar, Tucker NAYS: Daniel Harney IX. UNFINISHED BUSINESS A. Appointment to One Vacancy on the Youth Commission The staff report was presented by City Clerk Freels. There were no public comments. 6.A Packet Pg. 11 Communication: Minutes of the January 22, 2018 Regular Meeting (CONSENT CALENDAR (ROLL CALL VOTE)) 6 City Council Meeting Minutes 01/22/2018 Possible Action: Appoint a member to fill one open seat on the Youth Commission with a term ending 9/30/18. B. 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) The staff report was presented by Community Development Director Abrams. There were no public comments. 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 “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. RESULT: APPROVE [5 TO 1] MOVER: Dion Bracco, Council Member SECONDER: Peter Leroe-Muñoz, Council Member AYES: Velasco, Bracco, Leroe-Muñoz, Tovar, Tucker NAYS: Daniel Harney ABSTAIN: Blankley 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 The staff report was presented by Police Chief Smithee. There were no public comments. Possible Action: a) Motion to read the ordinance by title only, and waive further reading; and, RESULT: APPROVE [UNANIMOUS] MOVER: Daniel Harney, Council Member SECONDER: Peter Leroe-Muñoz, Council Member AYES: Blankley, Velasco, Bracco, Harney, Leroe-Muñoz, Tovar, Tucker City Clerk Freels read the ordinance title. 6.A Packet Pg. 12 Communication: Minutes of the January 22, 2018 Regular Meeting (CONSENT CALENDAR (ROLL CALL VOTE)) 7 City Council Meeting Minutes 01/22/2018 Possible Action: 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 RESULT: APPROVE [UNANIMOUS] MOVER: Peter Leroe-Muñoz, Council Member SECONDER: Fred Tovar, Council Member AYES: Blankley, Velasco, Bracco, Harney, Leroe-Muñoz, Tovar, Tucker XI. CITY ADMINISTRATOR'S REPORTS There were none. XII. CITY ATTORNEY'S REPORTS There were none. XIII. CLOSED SESSION 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 H ighway, 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 City Attorney Faber explained that the Council was entering into closed session on items A and B as discussion of the items in open session would unavoidably jeopardize the city's position in the cases. ADJOURNMENT The Council adjourned to closed session at 10:06 p.m. /s/ Shawna Freels, MMC City Clerk 6.A Packet Pg. 13 Communication: Minutes of the January 22, 2018 Regular Meeting (CONSENT CALENDAR (ROLL CALL VOTE)) City of Gilroy STAFF REPORT Agenda Item Title: Utility Easement Agreement with Pacific Gas and Electric (PG&E) on a Portion of a City Owned Parcel Within the Hecker Pass Development Area APN 810-20-023 Meeting Date: February 5, 2018 From: Gabriel Gonzalez, City Administrator Department: Public Works Department Submitted By: Girum Awoke Prepared By: Jorge Duran Jorge Duran Strategic Plan Goals ☐ Financially Sustainable and High Performing ☐ Livable Community ☐ Grow the Economy ☐ Upgrade Infrastructure ☐ Vibrant Downtown RECOMMENDATION Approve a Utility Easement Agreement with Pacific Gas and Electric (PG&E) on a Portion of a City Owned Parcel Within the Hecker Pass Development Area; APN 810 - 20-023, and authorize the City Administrator to sign the agreement. Background Pacific Gas and Electric (PG&E) is requesting to enter an easement agreement with the City for existing facilities crossing a City parcel. The existing above ground electrical PG&E facilities were installed and extended from Highway 152 across two private parcels and a portion of the City property designated as “Parcel 3” as shown on the Parcel Map filed May 21, 2015, in Book 883 of Maps, at Pages 21 and 22, Records of Santa Clara County, and then the facilities cross Uvas Creek to provide service to Gilroy Gardens. Discussion 6.B Packet Pg. 14 PG&E is requesting to enter into an easement agreement with the City for the existing above ground electrical facilities crossing the City parcel. These are existing PG&E above ground electrical facilities that provide services to City residents and businesses, and this agreement will provide a legal recorded easement for access to these facilities for maintenance and other work. This easement agreement is not a gift of public funds as its use is for the public good by providing utilities that serve the community. Financial Impact There are no financial impacts with this action. Attachments: 1. Vicinity Map_AREA MAP (1) 2. Loan Oak Lane Parcel 3 Distribution Electric v6 6.B Packet Pg. 15 6.B.aPacket Pg. 16Attachment: Vicinity Map_AREA MAP (1) (1516 : Hecker Pass Utility Easement) Distribution Easement Rev. 11/15 (Modified 11/7/17) RECORDING REQUESTED BY AND RETURN TO: PACIFIC GAS AND ELECTRIC COMPANY San Jose Land Services Office 111 Almaden Boulevard, Room 814 San Jose, CA 95113 Location: City/Uninc______________________ Recording Fee $_____________________________ Document Transfer Tax $ __________ [ ] This is a conveyance where the consideration and Value is less than $100.00 (R&T 11911). [ ] Computed on Full Value of Property Conveyed, or [ ] Computed on Full Value Less Liens & Encumbrances Remaining at Time of Sale Signature of declarant or agent determining tax (SPACE ABOVE FOR RECORDER'S USE ONLY) LD# 2211-03-0122 EASEMENT DEED This EASEMENT DEED, hereinafter called the “Agreement,” is entered into as of _________ __, 2017, is made by and between the CITY OF GILROY, a municipal corporation of the state of California, hereinafter called Grantor, and PACIFIC GAS AND ELECTRIC COMPANY, a California corporation, hereinafter called Grantee. Grantor hereby grants to Grantee, the right from time to time to construct, reconstruct, install, inspect, maintain, replace, remove, and use facilities of the type hereinafter specified, together with a right of way therefor, within the easement area as hereinafter set forthover and across the lands of Grantor situate in the County of Santa Clara, State of California, described as follows: (APN 810-20-023) Parcel 3 as shown upon the Parcel Map filed for record May 21, 2015 in Book 883 of Maps at page 21, Santa Clara County Records. Said facilities and easement area are described as follows: Such poles, aerial wires, cables, electrical conductors with associated crossarms, braces, transformers, anchors, guy wires and cables, fixtures and appurtenances, as Grantee deems necessary for the distribution of electric energy and communication purposes located within the strip of land as described in Exhibit “A” and shown outlined by dashed lines upon Exhibit “B”, attached hereto and made a part hereof. Grantor further grants to Grantee the right of ingress to and egress from said easement area over and across said lands by means of roads and lanes thereon, if such there be, otherwise by such route or routes as shall occasion the least practicable damage and inconvenience to Grantor; provided, that such right of ingress and egress shall not extend to any portion of said lands which is isolated from said easement area by any public road or highway, now crossing or hereafter crossing said lands; provided further, that if any portion of said lands is or shall be subdivided and dedicated roads or highways on such portion shall extend to said easement area, said right of ingress and egress on said portion shall be confined to such dedicated roads and highways. 4822-9743-9057v5 SSCORDELIS\NEW..NEW.. 6.B.b Packet Pg. 17 Attachment: Loan Oak Lane Parcel 3 Distribution Electric v6 (1516 : Hecker Pass Utility Easement) Distribution Easement Rev. 11/15 (Modified 11/7/17) Grantor further grants to Grantee the right, from time to time, to trim or to cut down any and all trees and brush now or hereafter within said easement area, and shall have the further right, from time to time, to trim and cut down trees and brush along each side of said easement area which now or hereafter in the opinion of Grantee may interfere with or be a hazard to the facilities installed hereunder, or as Grantee deems necessary to comply with applicable state or federal regulations. Grantee further agrees: (a) Not to fence said easement area, except to erect temporary fencing as may be required under Grantee’s established safety and security procedures. Grantee shall take such precautions as necessary to prevent unauthorized or unintended entry into the work area by Grantor or its tenants, agents, contractors, employees and invitees., (b) That any future maintenance or replacement operations to be performed by Grantee on said lands shall be done in such a manner so as not to unreasonably interfere with Grantor's operations during its normal business hours except in such cases where such maintenance or replacement operations must be performed due to emergency conditions, (c) All work performed by Grantee in the easement area shall be in compliance with all applicable laws, statutes, ordinances and regulations of any governmental agency having jurisdiction. To the extent applicable, Grantee shall provide to Grantor, upon written request from Grantor, copies of all applicable permits required by applicable governmental authorities in connection with such work. (d) That in the event Grantee shall make any excavation on said lands pursuant to this grant, Grantee shall restore said lands as nearly as practicable to their condition prior to such excavation including, without limiting the generality of the foregoing, pavement, sidewalks, lawns and shrubs. Grantee shall indemnify Grantor against any loss and damage which shall be caused by any negligent act or omission of Grantee or of its agents or employees in the course of their employment, provided, however, that this indemnity shall not extend to that portion of such loss or damage that shall have been caused by Grantor's comparative negligence or willful misconduct. In the event of abandonment of said easement and right of way or any portion thereof, and non-use thereof for a continuous period of 1 year after initial installation of said pole line shall be conclusive evidence of the abandonment thereof, Grantee shall upon written demand therefor execute and deliver to Grantor a good and sufficient quitclaim of said easement and right of way or such portion thereof as may be abandoned. Grantor reserves the right to use said easement area for purposes which will not interfere with Grantee's full enjoyment of the rights hereby granted; provided that Grantor shall not erect or construct any building or other structure, or drill or operate any well, or construct any reservoir or other obstruction within said easement area, or diminish or substantially add to the ground cover in said easement area, or construct any fences that will interfere with the maintenance and operation of said facilities, for as long as this Agreement is in effect or the easement has not been abandoned. Grantor further grants to Grantee the right to assign to another public utility as defined in Section 216 of the California Public Utilities Code the right to install, inspect, maintain, replace, remove and use communications facilities within said easement area (including ingress thereto and egress therefrom). 4822-9743-9057v5 SSCORDELIS\NEW..NEW.. 6.B.b Packet Pg. 18 Attachment: Loan Oak Lane Parcel 3 Distribution Electric v6 (1516 : Hecker Pass Utility Easement) Distribution Easement Rev. 11/15 (Modified 11/7/17) Grantor acknowledges that they have read the “Grant of Easement Disclosure Statement”, Exhibit “C”, attached hereto and made a part hereof. If either party hereto institutes an action or proceeding for a declaration of the rights of the parties hereunder, for injunctive relief, for any alleged breach or default of, or any other action arising out of, this Agreement, or if any party is in default of its obligations hereunder, the non-defaulting or prevailing party shall be entitled to its actual reasonable attorneys’ fees and to any court costs incurred, in addition to any other damages or relief awarded. All notices, demands or other communications given hereunder shall be in writing and shall be deemed to have been duly delivered upon delivery by overnight mail service providing evidence of delivery addressed as follows: If to Grantee: Pacific Gas & Electric Company 111 Almaden Blvd., Rm 814-Land San Jose, CA 95113 If to Grantor: City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 Attention: City Administrator or to such other address or to such other person as any party shall designate to the others for such purpose in the manner hereinabove set forth. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. PACIFIC GAS AND ELECTRIC COMPANY, a California corporation _________________________________ By CITY OF GILROY, a municipal corporation of the State of California _________________________________ By 4822-9743-9057v5 SSCORDELIS\NEW..NEW.. 6.B.b Packet Pg. 19 Attachment: Loan Oak Lane Parcel 3 Distribution Electric v6 (1516 : Hecker Pass Utility Easement) Distribution Easement Rev. 11/15 (Modified 11/7/17) ATTEST: _________________________________ By _________________________________ By City Clerk APPROVED AS TO FORM: ________________________________ By Dated: __________________, _______. Attach to LD : 2211-03-0122 Area 3, San Jose Division Land Service Office: San Jose Operating Department: Electric Distribution MDB&M, T.11S., R.03E., Sec. 03, N/E ¼ of N/E ¼ FERC License Number(s): N/A PG&E Drawing Number(s): SJL-15523 PLAT NO.: N-24-21 (Elec.), 3605-J5 (Gas) LD of any affected documents: N/A LD of any Cross-referenced documents: N/A TYPE OF INTEREST: 3, 6, 43 SBE Parcel Number: N/A (For Quitclaims, % being quitclaimed): N/A Order # or PM #: 31273833 - 0070 JCN: N/A County: Santa Clara Utility Notice Numbers: N/A 851 Approval Application No. N/A Decision N/A Prepared By: RRRD Checked By: DAN9 Reviewed and approved By: JESs 4822-9743-9057v5 SSCORDELIS\NEW..NEW.. 6.B.b Packet Pg. 20 Attachment: Loan Oak Lane Parcel 3 Distribution Electric v6 (1516 : Hecker Pass Utility Easement) Distribution Easement Rev. 11/15 (Modified 11/7/17) State of California County of ) On __________________________, before me, , Here insert name and title of the officer personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Seal) Signature of Notary Public CAPACITY CLAIMED BY SIGNER [ ] Individual(s) signing for oneself/themselves [ ] Corporate Officer(s) of the above named corporation(s) [ ] Trustee(s) of the above named Trust(s) [ ] Partner(s) of the above named Partnership(s) [ ] Attorney(s)-in-Fact of the above named Principal(s) [ ] Other A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 4822-9743-9057v5 SSCORDELIS\NEW..NEW.. 6.B.b Packet Pg. 21 Attachment: Loan Oak Lane Parcel 3 Distribution Electric v6 (1516 : Hecker Pass Utility Easement) Distribution Easement Rev. 11/15 (Modified 11/7/17) EXHIBIT “A” 4822-9743-9057v5 SSCORDELIS\NEW..NEW.. 6.B.b Packet Pg. 22 Attachment: Loan Oak Lane Parcel 3 Distribution Electric v6 (1516 : Hecker Pass Utility Easement) Distribution Easement Rev. 11/15 (Modified 11/7/17) EXHIBIT “B” 4822-9743-9057v5 SSCORDELIS\NEW..NEW.. 6.B.b Packet Pg. 23 Attachment: Loan Oak Lane Parcel 3 Distribution Electric v6 (1516 : Hecker Pass Utility Easement) Distribution Easement Rev. 11/15 (Modified 11/7/17) Pacific Gas and Electric Company EXHIBIT “C” GRANT OF EASEMENT DISCLOSURE STATEMENT This Disclosure Statement will assist you in evaluating the request for granting an easement to Pacific Gas and Electric Company (PG&E) to accommodate a utility service extension to PG&E’s applicant. Please read this disclosure carefully before signing the Grant of Easement. • You are under no obligation or threat of condemnation by PG&E to grant this easement. • The granting of this easement is an accommodation to PG&E’s applicant requesting the extension of PG&E utility facilities to the applicant’s property or project. Because this easement is an accommodation for a service extension to a single customer or group of customers, PG&E is not authorized to purchase any such easement. • By granting this easement to PG&E, the easement area may be used to serve additional customers in the area. Installation of any proposed facilities outside of this easement area will require an additional easement. • Removal and/or pruning of trees or other vegetation on your property may be necessary for the installation of PG&E facilities. You have the option of having PG&E’s contractors perform this work on your property, if available, or granting permission to PG&E’s applicant or the applicant’s contractor to perform this work. Additionally, in order to comply with California fire laws and safety orders, PG&E or its contractors will periodically perform vegetation maintenance activities on your property as provided for in this grant of easement in order to maintain proper clearances from energized electric lines or other facilities. • The description of the easement location where PG&E utility facilities are to be installed across your property must be satisfactory to you. • The California Public Utilities Commission has authorized PG&E’s applicant to perform the installation of certain utility facilities for utility service. In addition to granting this easement to PG&E, your consent may be requested by the applicant, or applicant’s contractor, to work on your property. Upon completion of the applicant’s installation, the utility facilities will be inspected by PG&E. When the facility installation is determined to be acceptable the facilities will be conveyed to PG&E by its applicant. By signing the Grant of Easement, you are acknowledging that you have read this disclosure and understand that you are voluntarily granting the easement to PG&E. Please return the signed and notarized Grant of Easement with this Disclosure Statement attached to PG&E. The duplicate copy of the Grant of Easement and this Disclosure Statement is for your records. 4822-9743-9057v5 SSCORDELIS\NEW..NEW.. 6.B.b Packet Pg. 24 Attachment: Loan Oak Lane Parcel 3 Distribution Electric v6 (1516 : Hecker Pass Utility Easement) Document comparison by Workshare Compare on Wednesday, October 18, 2017 1:59:26 PM Input: Document 1 ID C:\Users\SSCORD~1\AppData\Local\Temp\ND\Easement (1).docx Description C:\Users\SSCORD~1\AppData\Local\Temp\ND\Easement (1).docx Document 2 ID C:\Users\SSCORD~1\AppData\Local\Temp\ND\Easement. docx Description C:\Users\SSCORD~1\AppData\Local\Temp\ND\Easement. docx Rendering set Custom rendering set Legend: Insertion Deletion Moved from Moved to Style change Format change Moved deletion Inserted cell Deleted cell Moved cell Split/Merged cell Padding cell Statistics: Count Insertions 27 Deletions 11 Moved from 0 Moved to 0 Style change 0 Format changed 0 Total changes 38 6.B.b Packet Pg. 25 Attachment: Loan Oak Lane Parcel 3 Distribution Electric v6 (1516 : Hecker Pass Utility Easement) City of Gilroy STAFF REPORT Agenda Item Title: Adoption of a Resolution of the City Council of the City of Gilroy to Declare Weeds and Refuse a Public Nuisance to Begin the Annual Weed and Refuse Abatement Process Meeting Date: February 5, 2018 From: Gabriel Gonzalez, City Administrator Department: Community Development Department Submitted By: Kristi Abrams Prepared By: Rob Allen Rob Allen Strategic Plan Goals ☐ Financially Sustainable and High Performing  Livable Community ☐ Grow the Economy ☐ Upgrade Infrastructure ☐ Vibrant Downtown RECOMMENDATION Adoption of a Resolution of the City Council of the City of Gilroy declaring certain weeds growing in the City and accumulations of refuse in the City to be a public nuisance, describing said weeds and refuse which constitute such nuisance, and providing notice of the adoption of the resolution by publication thereof . EXECUTIVE SUMMARY The Gilroy City Code, Chapter 12, Article III, establishes a procedure for abatement of weeds and refuse. The annual weed and refuse abatement program includes an initial resolution declaring weeds and refuse a public nuisance . The resolution sets April 2, 2018 for a public hearing of the list of properties subject to abatement. The list created for public hearing includes lots identified as having had a weed or refuse problem in any one of the prior 3 years, and lots identified by inspection this current year as having unabated weeds or accumulation of refuse. Adoption of the list at the public hearing provides authority for the City (or its contractor) to perform the abatement work (of 6.C Packet Pg. 26 weeds and/or refuse) for the listed sites, and also provides for the cost to be recovered by adding it to the property tax as an assessment. BACKGROUND Pursuant to an agreement signed in 2010 between the City and the Santa Clara County Agriculture Commissioner’s Office, the County Vegetation Management Program has been implementing the weed abatement program as a contractor to the City. All of the noticing, inspection and abatement activities are conducted by the County. The City is responsible for adopting the resolutions and holding the public hearings. The list created for public hearing includes lots identified as having had a weed or refuse problem in any one of the prior 3 years, and lots identified by inspection this current year as having unabated weeds or accumulation of refuse. The County will mail the property owners the initial abatement notice within 2 weeks of the resolution. The weed abatement notice includes the public hearing date and provides instructions on how to properly abate the lots, and includes the deadline for abatement as May 15th. It also lists the consequences for not meeting the deadline. All listed lots are subject to the inspection fee. If a lot is abated by the deadline, no other fees are assessed against that property owner. The owner is also subject to maintaining the lot abated and could incur inspection fees if the property becomes a nuisance again. The property owner has an opportunity to have their lot removed from the list. For instance, a lot that has been on the list but has now achieved three “compliant” years in a row, or a vacant lot that has since been developed and fully landscaped, may be removed from the list. After the public hearing, the County will also send all property owners a reminder letter 30 days prior to the May 15th abatement deadline. After the deadline , the County conducts the inspections and notifies the property owners who missed the deadline. For lots not in the Wildland Urban Interface (WUI) Hazardous Fire Area, the owner has two weeks to complete the work. The two week extension is not provided to properties in the WUI Hazardous Fire Area since the Public Resources Code, which also requires weed abatement in such areas, does not provide for such an extension and these areas are considered a high fire hazard. Those with the extension will be subject to a failed inspection fee if they fail to complete the work prior to the next inspection. For those in the WUI Hazardous Fire Area the County will assign the lot for abatement. Any lot that is abated by the County will be assessed the inspection fee ($90), the failed inspection fee ($583) and the cost incurred by the abatement contractor, which is based on square footage of lot, as well as the abatement oversight cost ($576). A report of the property assessments will be presented to the Council at a public hearing on August 6, 2018. Prior to the hearing, property owners are offered to contact the Fire Marshal to review any assessment that they believe is in error. A final list is 6.C Packet Pg. 27 then presented to the City Council for approval of the assessment. The County Property Tax Assessor will then place the fees on the next property tax bill as an assessment. ANALYSIS Since implementing the inspection fee, the County only retains property on the list for three (3) years. This was a cost reduction to eliminate properties from the mailing list and inspections if there has been a history of compliance. This reduced the number of lots listed in Gilroy during 2017 from 288 properties down to 166 properties for 2018. Therefore the list only consists of properties with a history of non-compliance. Any new non-compliant lots will need to be added to the list, with a notice sent to the owner. The property would then remain on the list for a minimum 3 years. FISCAL IMPACT/FUNDING SOURCE The use of the County as a contract agency to carry out their portions of the program has been self-funded through cost recovery f rom property owners that have failed to abate their lots. The Fire Marshal’s office absorbs the staffing cost for coordination and communication with the County, the pre-hearing meeting when a property owner appeals the fees, and processing of the Council Resolutions and Public Hearings. If the County does not collect adequate funds to meet the program budget they will prorate the shortfall to the cities based on the percent of the properties from each City in the program. It will not be known until later in the year if there is a shortfall since abatement activity will be continuing through October. Historically the County has successfully collected these fees directly from the property owners and there have not been shortfalls charged to the cities receiving the services. NEXT STEPS If Council approves the resolution, the public hearing of lots needing abatement will be set for April 2, 2018. PUBLIC OUTREACH Weed and Refuse Abatement notices are sent out twice to the property owners and shall clearly identify the requirements of the program. Properties that fail inspection are also notified by the County pursuant to the program requirements. Attachments: 1. Resolution Weeds 2018 6.C Packet Pg. 28 1 RESOLUTION NO. 2018-XX RESOLUTION NO. 2018-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY DECLARING CERTAIN WEEDS GROWING IN THE CITY OF GILROY AND ACCUMULATIONS OF REFUSE IN THE CITY OF GILROY TO BE A PUBLIC NUISANCE, DESCRIBING WEEDS AND REFUSE WHICH CONSTITUTE SUCH NUISANCE, AND PROVIDING NOTICE OF THE ADOPTION OF THE RESOLUTION BY PUBLICATION THEREOF WHEREAS, certain weeds are growing in the City of Gilroy (“City”) upon the various streets, alleys, sidewalks and upon private property, which weeds bear seeds of a wingy or downy nature, or which may attain such growth as to become, when dry, a fire menace, or which are otherwise noxious and dangerous; and WHEREAS, certain refuse is accumulating in the City upon public and private property; and WHEREAS, said weeds and refuse constitute a public nuisance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Gilroy as follows: 1. That such weeds and refuse do now constitute and will continue to constitute a public nuisance, and it is ordered that said public nuisance be abated in the manner provided by Article III of Chapter 12 of the Gilroy City Code. 2. That said nuisance exists upon all of the streets, alleys, sidewalks and private property within said City as shown, described and delineated on the several maps of the property in the City which are recorded in the Office of the County Assessor of the County of Santa Clara, reference in each instance for the description of any particular street, alley or private property being hereby made to the several maps aforesaid, and in the event of there being several subdivision maps on which said lots are shown, reference is hereby made to the latest subdivision map. 3. That it is ordered that Monday, the 2nd of April 2018, at the hour of 6:00 o'clock p.m. in the Council Chambers of the City Council of the City, 7351 Rosanna Street, Gilroy, California, is hereby fixed as the time and place when objections to the proposed destruction or removal of said weeds and refuse shall be heard and given due consideration. 6.C.a Packet Pg. 29 Attachment: Resolution Weeds 2018 (1526 : Resolution to Declare Weeds and Refuse a Public Nuisance) 2 RESOLUTION NO. 2018-XX 4. That the Chief of the Fire Department of the City is hereby ordered and directed to cause notice of the adoption of this resolution and notice of said hearing to be given to all of the affected property owners at their stated mailing address on the latest tax assessor’s role, and also to be given in the manner and form provided in Sections 14.29 and 12.53 of the Gilroy City Code, and to cause said notice to be published in the City, at least ten (10) days prior to said hearing; and 5. That nothing in this Resolution prohibits the issuance of citations for violations of City Code Section 12.46 or City Fire Code with regards to Section 304.1.2. PASSED AND ADOPTED this 22nd 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.C.a Packet Pg. 30 Attachment: Resolution Weeds 2018 (1526 : Resolution to Declare Weeds and Refuse a Public Nuisance) City of Gilroy STAFF REPORT Agenda Item Title: Adoption 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 (introduced 1/22/18 with a 7-0 vote) Meeting Date: February 5, 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 Motion to adopt 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 The introduction of an Ordinance of the City Council of the City of Gilroy amending City Code 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 was presented to Council at the January 22, 2018 meeting. Staff recommended Council introduce the ordinance and read the ordinance by title only, and waive further reading. The staff report presented to Council on January 22, 2018 is attached for reference. Council approved staff’s recommendations and the ordinance is now scheduled for adoption by Council at the February 5, 2018 Council meeting. 6.D Packet Pg. 31 FISCAL IMPACT/FUNDING SOURCE Adoption of this ordinance would continue the status quo; therefor there are no fiscal impacts. NEXT STEPS Once Council adopts the Ordinance as presented, this ordinance 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 2. Printout-1528-1003-M26098 6.D Packet Pg. 32 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. 6.D.a Packet Pg. 33 Attachment: Ordinance Amending 18.1 18.6.b (1561 : 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. 6.D.a Packet Pg. 34 Attachment: Ordinance Amending 18.1 18.6.b (1561 : 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 6.D.a Packet Pg. 35 Attachment: Ordinance Amending 18.1 18.6.b (1561 : City Code Chapter 18.6 (b)) 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 adopting the ordinance on a permanent basis. Council chose to re-authorize the ordinance for a three year period which expired December 31, 2017. 6.D.b Packet Pg. 36 Attachment: Printout-1528-1003-M26098 (1561 : City Code Chapter 18.6 (b)) 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 b y 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 periods. Both trial periods were deemed successful with recommendations 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 6.D.b Packet Pg. 37 Attachment: Printout-1528-1003-M26098 (1561 : City Code Chapter 18.6 (b)) 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 6.D.b Packet Pg. 38 Attachment: Printout-1528-1003-M26098 (1561 : City Code Chapter 18.6 (b)) City of Gilroy STAFF REPORT Agenda Item Title: Claim of Socorro Muniz (The City Administrator recommends a “yes” vote under the Consent Calendar shall constitute the denial of the claim) Meeting Date: February 5, 2018 From: Gabriel Gonzalez, City Administrator Department: Human Resources Department Submitted By: LeeAnn McPhillips Prepared By: LeeAnn McPhillips Strategic Plan Goals ☐ Financially Sustainable and High Performing ☐ Livable Community ☐ Grow the Economy ☐ Upgrade Infrastructure ☐ Vibrant Downtown RECOMMENDATION Denial of the claim of Socorro Muniz. EXECUTIVE SUMMARY Based on the recommendation from Municipal Pooling Authority (MPA) and/or legal counsel, the following claim is submitted to the City Council for rejection at the February 5, 2018 meeting: Claim of Socorro Muniz Attachments: 1. Claim for Socorro Muniz 6.E Packet Pg. 39 6.E.a Packet Pg. 40 Attachment: Claim for Socorro Muniz (1566 : Claim of Socorro Muniz) 6.E.a Packet Pg. 41 Attachment: Claim for Socorro Muniz (1566 : Claim of Socorro Muniz) 6.E.a Packet Pg. 42 Attachment: Claim for Socorro Muniz (1566 : Claim of Socorro Muniz) 6.E.a Packet Pg. 43 Attachment: Claim for Socorro Muniz (1566 : Claim of Socorro Muniz) 6.E.a Packet Pg. 44 Attachment: Claim for Socorro Muniz (1566 : Claim of Socorro Muniz) 6.E.a Packet Pg. 45 Attachment: Claim for Socorro Muniz (1566 : Claim of Socorro Muniz) City of Gilroy STAFF REPORT Agenda Item Title: Introduction of an Ordinance of the City Council of the City of Gilroy Removing Article 30.38 "Landscaping" in its Entirety and Replacing it With a New Article 30.38 Entitled "Landscaping, Water Efficiency and Stormwater Retention and Treatment" Relating to the Installation and Maintenance of Landscaping in Existing and New Development Meeting Date: February 5, 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 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 Removing Article 30.38 “Landscaping” in its Entirety and Replacing it With a New Article 30.38 Entitled "Landscaping, Water Efficiency, and Stormwater Retention and Treatment" Relating to the Installation and Maintenance of Landscaping in Existing and New Development EXECUTIVE SUMMARY: The City promotes the value and benefits of landscaping while recogni zing the need to encourage water efficiency. The purpose of the attached proposed ordinance is to bring the Landscape Ordinance into compliance with State standards and guidelines while promoting the City’s goals and standards regarding sustainable development. This 8.A Packet Pg. 46 Chapter establishes minimum landscape standards to enhance the appearance of developments, control soil erosion, enhance onsite storm water management, conserve water, and ensure ongoing maintenance of landscaped areas. POLICY DISCUSSION: The City Council is asked to delete the current Article 30.38 “Landscaping”, and replace it with a new Article 30.38 “Landscaping, Water Efficiency, and Stormwater Retention and Treatment”, relating to the installation and maintenance of landscaping in existing and new development. BACKGROUND: The State Model Water Efficient Landscape Ordinance (MWELO) became effective on December 1, 2015. In early 2016, the Zoning Ordinance was amended to incorporate key MWELO provisions. The proposed ordinance incorporates additional detailed requirements of the MWELO. The proposed ordinance also incorporates many standards currently contained in the City Council Consolidated Landscape Policy. In February, 2017, the City received a Notice of Violation from the Central Coast Regional Water Quality Control Board stating that the City had failed to complete changes to the City’s landscape code to effectively administer the City of Gilroy Stormwater Management Program. In response to this notice, staff and Mintier Harnish, the consultants working on the 2040 General Plan and the Comprehensive Zoning Ordinance Update, prepared the subject ordinance which will delete the existing Article 30.38 “Landscaping”, and replace it with the new Article 30.38, “Landscaping, Water Efficiency, and Stormwater Retention and Treatment”. Preparation of the ordinance was part of the work backlog that the Community Development Department has been able to accomplish as staffing resources have expanded. On November 13, 2017, Planning Staff held a Developer’s Roundtable meeting at which the proposed Landscaping, Water Efficiency, and Stormwater Retention and Treatment Ordinance was reviewed. There were no comments provided from those in attendance. ANALYSIS: The primary objectives of the new landscape ordinance are to: 1) Update and reorganize the ordinance based on the Comprehensive Zoning Ordinance update in progress 2) Incorporate relevant provisions of the City Council Consolidated Landscaping Policy (CLP) into the Zoning Ordinance; and 3) Bring the ordinance into compliance with the State Model Water Efficient Landscape Ordinance (MWELO); Section 30.38.040 of the Gilroy City Code contains landscape standards deemed applicable to all land uses. Sections 30.38.050 – 30.38-070 include landscape 8.A Packet Pg. 47 standards specific to residential, commercial and industrial land uses. These sections have been reorganized and updated to include desired landscape standards, including some from the CLP. The current ordinance states that “All landscaping shall be installed in accordance with the adopted consolidated landscaping policy, and a landscaping plan approved by the Planning Manager.” New Sections Incorporating Standards from the Consolidated Landscaping Policy (CLP) 1) Section 30.38.040 B. New Plant Materials addresses the need to consider the characteristics of landscaping materials at maturity, the resistance of plant materials to insect pests and disease, the intended use of selected plant types, and the encouragement to use indigenous plant materials. 2) Section 30.38.040 C. City Street Trees incorporates the requirements for installation and maintenance of street trees in new development. The only change to the standards in the CLP is the increase in the length of time street trees must be guaranteed to remain healthy and grow, from the current ninety (90) days, to one (1) year. 3) Section 30.38.040 D. Protected Trees reflects the inclusion of the proposed Protected Tree Removal Ordinance which incorporates regulations for the removal of varieties of indigenous trees 19 inches or more in circumference, 4 ½ feet above the ground, and Heritage Trees, defined as any type of tree 90 inches or more in circumference, 4 ½ feet above the ground. Section 30.38.040 D incorporates requirements from a CLP section entitled Significant Trees that requires identification of what is now being called Protected Trees on the sites of new development. It states that an arborist may be required to make recommendations for inclusion in the landscape plans regarding the protection of Protected Trees identified for preservation. This new section requires preparation of an arborist report to specify all necessary measures to ensure that Protected Trees identified to remain are protected throughout construction. The ordinance also requires three inspections throughout the construction process to verify adherence to the arborist recommendations. Sections Implementing the State Model Water Efficient Landscape Ordinance (MWELO). Beginning with Section 30.38.080 Landscape Documentation Review Process, the remainder of the proposed ordinance consists of the updated requirements reflecting the State Model Water Efficient Landscape Ordinance. They include the following: 1) Expanded definitions section 2) Expanded application and documentation requirements 8.A Packet Pg. 48 3) The Soil Management report, required at the discretion of the Planning Manager in the current ordinance, is now mandatory 4) Expanded list of items required to be included in Landscape and Irrigation Design Plans 5) New requirements including a Grading Design Plan, Certificate of Completion, Irrigation Scheduling, Landscape and Irrigation Maintenance Schedule, Recycled Water and Gray Water requirements, Stormwater Management and Rainwater Retention, and Public Education. PLANNING COMMISSION DISCUSSION AND ACTION On January 4, 2018, the Planning Commission held a public hearing to consider the proposed ordinance. There was no public testimony regarding the ordinance. There were no suggested revisions to the ordinance by the Planning Commission. The Commission voted 7-0 to recommend the City Council adopt the proposed ordinance. The Planning Commission resolution is included as Attachment 1 to this staff report. ALTERNATIVES The City Council may approve the changes to Section 30.38 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 30.38 will remain in place, resulting in the landscaping ordinance remaining out of full compliance with the MWELO. The Central Coast Regional Water Quality Control Board will likely increase its enforcement actions against the City as well. This action is not recommended. FISCAL IMPACT/FUNDING SOURCE No fiscal impacts are associated with adoption of the proposed ordinance. NEXT STEPS Should the Council accept the recommended changes, the ordinance will be scheduled for adoption at the next regular meeting and will be effective 30 days thereafter. PUBLIC OUTREACH: The public notice for this item, published in the Gilroy Dispatch on December 22, 2017, meets the Government Code requirement for public notification of projects of citywide importance. As noted previously, on November 13, 2017, planning staff held a Developer’s Roundtable meeting at which the proposed Landscaping, Water Efficiency, and Stormwater Retention and Treatment Ordinance was reviewed. Attachments: 8.A Packet Pg. 49 1. PC Resolution signed 8.A Packet Pg. 50 8.A.a Packet Pg. 51 Attachment: PC Resolution signed (1480 : Landscape Ordinance Revisions) 8.A.a Packet Pg. 52 Attachment: PC Resolution signed (1480 : Landscape Ordinance Revisions) 8.A.a Packet Pg. 53 Attachment: PC Resolution signed (1480 : Landscape Ordinance Revisions) 8.A.a Packet Pg. 54 Attachment: PC Resolution signed (1480 : Landscape Ordinance Revisions) 8.A.a Packet Pg. 55 Attachment: PC Resolution signed (1480 : Landscape Ordinance Revisions) 8.A.a Packet Pg. 56 Attachment: PC Resolution signed (1480 : Landscape Ordinance Revisions) 8.A.a Packet Pg. 57 Attachment: PC Resolution signed (1480 : Landscape Ordinance Revisions) 8.A.a Packet Pg. 58 Attachment: PC Resolution signed (1480 : Landscape Ordinance Revisions) 8.A.a Packet Pg. 59 Attachment: PC Resolution signed (1480 : Landscape Ordinance Revisions) 8.A.a Packet Pg. 60 Attachment: PC Resolution signed (1480 : Landscape Ordinance Revisions) 8.A.a Packet Pg. 61 Attachment: PC Resolution signed (1480 : Landscape Ordinance Revisions) 8.A.a Packet Pg. 62 Attachment: PC Resolution signed (1480 : Landscape Ordinance Revisions) 8.A.a Packet Pg. 63 Attachment: PC Resolution signed (1480 : Landscape Ordinance Revisions) 8.A.a Packet Pg. 64 Attachment: PC Resolution signed (1480 : Landscape Ordinance Revisions) 8.A.a Packet Pg. 65 Attachment: PC Resolution signed (1480 : Landscape Ordinance Revisions) 8.A.a Packet Pg. 66 Attachment: PC Resolution signed (1480 : Landscape Ordinance Revisions) 8.A.a Packet Pg. 67 Attachment: PC Resolution signed (1480 : Landscape Ordinance Revisions) 8.A.a Packet Pg. 68 Attachment: PC Resolution signed (1480 : Landscape Ordinance Revisions) 8.A.a Packet Pg. 69 Attachment: PC Resolution signed (1480 : Landscape Ordinance Revisions) 8.A.a Packet Pg. 70 Attachment: PC Resolution signed (1480 : Landscape Ordinance Revisions) 8.A.a Packet Pg. 71 Attachment: PC Resolution signed (1480 : Landscape Ordinance Revisions) 8.A.a Packet Pg. 72 Attachment: PC Resolution signed (1480 : Landscape Ordinance Revisions) 8.A.a Packet Pg. 73 Attachment: PC Resolution signed (1480 : Landscape Ordinance Revisions) 8.A.a Packet Pg. 74 Attachment: PC Resolution signed (1480 : Landscape Ordinance Revisions) 8.A.a Packet Pg. 75 Attachment: PC Resolution signed (1480 : Landscape Ordinance Revisions) 8.A.a Packet Pg. 76 Attachment: PC Resolution signed (1480 : Landscape Ordinance Revisions) 8.A.a Packet Pg. 77 Attachment: PC Resolution signed (1480 : Landscape Ordinance Revisions) 8.A.a Packet Pg. 78 Attachment: PC Resolution signed (1480 : Landscape Ordinance Revisions) City of Gilroy STAFF REPORT Agenda Item Title: Appointment of Members to Boards, Commissions and Committees with Member Terms Expired or Vacant as of 12/31/2017 Meeting Date: February 5, 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 Appointment of members to the Arts and Culture Commission, Historic Heritage Committee, Housing Advisory Committee, Library Commission and Planning Commission BACKGROUND The City held an annual recruitment for an eight-week period to fill seats on 11 Boards, Commissions and Committees with member terms vacant or expiring as of December 31, 2017, and as a sufficient number of applications were not received , an extended recruitment period was held through early January. Prior applicants who had not been selected in January were contacted to see if they had interest in one of these seats, and one additional application for the Arts & Culture Commission has been received. Additionally, recently appointed Planning Commissioner Omkar Ranade has resigned from his seat as he is a United States Marine Corps Reserve, and has been called to Active Duty. CONCLUSION 9.A Packet Pg. 79 The following are the applicants before you for appointment consideration this evening. Board/Commission # of seats open # of applications Arts & Culture Commission 2 seats 1  Amanda Rudeen Historic Heritage Committee 2 seats 2  Steve Seebart (incumbent)  Fabian Morales Medina Housing Advisory Committee 3 seats 4 (1 full term, 2 unexpired terms ending 12/31/2018)  James “JD” Fay (3rd choice)  Lucille Reyes  Jerrod Coddington  David Fissel Library Commission 1 seat 2  Kathy Souza  Joyce Taylor Open Govt. Commission 1 seat 1 (1 unexpired term ending 12/31/18)  James “JD” Fay (2nd choice) Planning Commission 1 seat 5  Travis Belanger  James“JD” Fay (1st choice)  Sam Kim  Steve Seebart (1st choice)  Patricia Giordano (appointed to the Building Board of Appeals 1/8/18) Attachments: 1. 20180205_Applicants_redacted 9.A Packet Pg. 80 Board/Commission # of seats open # of applications Arts & Culture Commission • Amanda Leah Rudeen 2 seats 1 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 3 seats 4 Library Commission • Kathy Souza • Joyce Taylor 1 seat 2 Open Govt. Commission • James D. Fay (‘JD’) 1 seat 1 Planning Commission • Travis Belanger • James D. Fay (‘J.D.’) • Patricia Giordano • Sam Kim • Steve Seebart 1 seat 5 9.A.a Packet Pg. 81 Attachment: 20180205_Applicants_redacted (1553 : Board & Commission Appointments) . ..._ Of Git d.~o " ... ...(. . · .. ~ .. ··.··· ,. * -._ _ .. ·J>-~ City of Gilroy Application for Board, Commission and Committee Appoi ntment Board /Commission/Comm ittee of Interest: 1t\:-x-\s Cl:t\.J_ Ll1-J ~VJ<... ~'!l'V1t(1 ·'Li S$ i01/\. Name: fiVV1£(JlCtc.L \lud.bJ'\ Phone number s (s) / ema il address *: ________________ _ Are you a reg istered voter with in the City lim its? Yes _1(· No __ Phys ica l Address*: ______________________ _ List your qual ifications for th is appointment i cf u,r ~ lv:<..L'c£ _spa1d-L at1er_l -1.h(c:..,./ic.-t<3 n: 10vt o~c iJ 11 t-i,~, 12zd--jo l h£u/),,,}¥J'kA_1,(d1.u2__u2<Yct.:~ 121 't1L . 1/ tf/,,l ·J/Ud:' ouptu 477~<::., /11 &1 rr;vpc,al.:{£ pf:h k.g -(¥; :ftyS Q:6rf1l·t,'- 1 ~ j a au) Sls ~ 12t.cV"rt ll fio4 . 9>tctf'f '?A' /11:=j eub( i1 .Jo co a1crl i ,t.£<1-.z u,,r, +-~ "'- 1.tl1 f f ;l tl.h~t~ (tr,..rrr~ 1S r t1t1}cv-/v...MX· -~ . . List any s~rvice to ~he comm ~nity inclu ~ing any p ri~r appointments : f w vn {tta_b.u5 · ) / -o (1 i (() ti QiA.,lt..t U v' :>. ;&)(, . (Ii '·· -V o (!.){S, 5.0 ~ !:uuf.L v,c/( bg.e,, R!.,j?f t1wf«J h2 <A '>VJ /:b1--vcf".>; (o in u,1S'51C 1,cJ ov l c l yu,J u ft a f? . What are you r goals while serving on this Board/Comm ission /Com m ittee?: [ l :ttu!.e (.e:CtJ o ,c.. ·P/0 .. 1/\ a.A,.· " 1 uc I /1-Li LE._ .-f-c_-; Shawna F ree ls, C ity Cle rk C ity of Gi lroy 7351 Rosan na Str;eet , G ilro y, CA 95020 shawna.freels@ci.qilroy .ca .us 9.A.a Packet Pg. 82 Attachment: 20180205_Applicants_redacted (1553 : Board & Commission Appointments) City of Gilroy Application for Board, Commission and Committee Appointment Board/Committee/Commission of Intere st: -l:i.J.:£1a!llLlMIE_&..[ C!.ot1r1t TT€£ Name : S1Er_!E .5££13AJL-C --·-----·----------- Phone numbe r(s) / email address*:----,---------· --------- Are you a registered voter within the City limits? Yes _ _['__ ,~o __ Physical Address*: __ List your qual ifications for th is appointment: ______ s££ ... ~.HEQ __ ·---·--·---·--··--~-·-,-·------- ---··--··--·---------- Li st any service to the community including any prior appointments·. _____ _ :St:€. A1IA<..H£l2 What are your goals while serving on t his Board/Commission/Com mi ttee?: ----------·---------~~~__,AJTA--~-......\.\· .... oz ..... ____ _ --·---------------------·---·-· ----··--·-··-·-· ._ ___________ _ Why are you the most qualified to serve on this Boa rd/Commission/Comm ittee?: _________ _ ·-------·----... , ...... ,----------·------ .. -·-·----·-------------.. -·-··-· * All Commission, Board and Committee applications are a public record Mail or e mai l your application to: Sh awna Fre els, City C lerk City of G ilroy 7351 Ro san na Street , Gilroy, CA 95020 shawni1Jr!?e 1s@ci.gilroy.ca .us ThG C1ry of Gilroy ac cepts app lic atio ns at a11y U·,:,~ ·= .. :: v/l' ~-.:1cp 11,em on f1tc tor on e y ~ . 9.A.a Packet Pg. 83 Attachment: 20180205_Applicants_redacted (1553 : Board & Commission Appointments) Steve Seebart January 15, 2017 Application for the Historic Heritage Committee List your qualifications for this appointment: I have a rich history of professional success in a variety of fields across the United States and in parts of Europe. (For details, see my C.V. at Linkedln .com/in/steveseebart.) List any service to the community including any prior appointments: I have been a Gilroy resident since April 2015. I became an active participant in the community shortly after moving in . In 2016 , I participated in the Gilroy Citizen Summit and became a member of the Historic Heritage Committee , which I currently chair. My past volunteer activities include : • Core Committee Member, Gilroy Growing Smarter (2017-Present) • Volur:iteer, United States National Archives, (2014 -2015). • Volunteer, California Genealogical Society (2014 -2015). • Sunnyvale AYSO President , Coach and Webmaster (2002 -2009). • Sunnyvale Metro Little League Coach and Board Member (2003 -2010). • Ponderosa School PTA Board Member (2002 -2003). • Committee Chai r, AIP Certification and Accreditation Council , Committee on Internet Professional Technical Foundation Skills Specifications (1999 -2000). • Patton Township Planning Commission (1999 -2000). What are your goals in serving on the Historic Heritage Committee?: Like all committee members , I seek to preserve and maintain Gilroy's historic and cultural heritage. In this term , I will work to make the committee more proactive in its approach to this goal. In particular I will pursue three main goals : • Develop an onboardin g pa ck a ge for new c ommittee members. This package will include materials on committee wor kflows, Gilroy's historical assets and procedural items . • Continue oversight of the city wide historic resources survey, including the hiring of a vendor and review of the finished product. • Work with the planning department establishing protocols for the committee's review of new projects potentially in conflict with Gilroy's h istorical resources. Why are you the most qualified to serve on the Historic Heritage Committee?: I have a long background in community service, including prior ex perience as a planning commiss ioner, current involvement with the Historic Heritage Committee and participation in loc a l community organi z ations . Whil e there is always more to learn , tl1ese ex periences provide me an excellent background for a successful second te rm on the Committee. 9.A.a Packet Pg. 84 Attachment: 20180205_Applicants_redacted (1553 : Board & Commission Appointments) City of Gilroy Application for Board, Commission and Committee Appointment Board/Committee/Commission of Interest: ___...Hl.........,~ .... h..;..__v,-'<.,-H:...;._e_f_i-',h-~...,...J+e_G;--=--Wl-rn_i_ti--'--"'-e.,_c: __ Name: f A..blA-tJ M_.o(l..A L-eS Met>1r->A-----'-_..;..__...;...;.. _ _,_-=..;._-_..;;;.__-----'-----'-"::........;._-------------- Phone number(s) / email address*:_ ··--- Are you a registered voter within the City limits? Yes ~ No __ Physical Address*: ------------------------- List your qualifications for this appointment: ---------------- Se J a&.cAA.Mt! List any service to the community including any prior appointments: _______ _ ~~ What are your goa ls while serving on th is Board/Commission/Committee?: ____ _ ~~ Why are you the most qualified to serve on this Board/Commission/Committee?: ___ _ ~~ * All Commission, Board and Committee applications are a publ ic record Mail or emai l your app li cation to: Shawna Freels , City Clerk City of Gil roy 7351 Rosanna Street, Gilroy, CA 95020 shawna.free ls@ci .g il roy.ca .u s Th e Cit y of Gilroy accepts app lications at any time and wi ll keep t hem on file for one yea r . 9.A.a Packet Pg. 85 Attachment: 20180205_Applicants_redacted (1553 : Board & Commission Appointments) Morales Medina, Fabian Applicant for Historic Heritage Committee Addendum List your qualifications for this appointment • Resident of Gilroy since October 1988 Education • Attended Gilroy public school and proud Gilroy High School graduate (Class of 2000) • Associates of Art, Liberal Studies, Gavilan College (May 2002) · • Bachelors of A1is, Social Science, University of the Pacific (May 2004) • Master of Alis, Counseling Psychology, University of San Francisco (August 2008) • Master of Alis, Educational Administration, Santa Clara University (March 2015) Work Experience • Employed as a College Advisor with the Gilroy Unified School District (August 2004-June 2008) • Employed as a Counselor at Skyline College (2008-2009) • Currently employed as a Guidance Counselor and Depmiment Co-chair at Sm1 Mateo High School (2009 to present) I'm a long life learner and enjoy history. As m1 educator it is critical that om community recognize the impmiance of origins and our continued history . I want to help preserve the history of our community and help ensure that our cmTent history is properly documented for future generations. It is critical that all members of our conununity me represented in our conununity's history . List any service to the community including any prior appointments I have served on the Gavilan College Puente Advisory Board since 2008. Recently recognized for my service by the Honorable Ana Caballero What are your goals while serving on this Board/Commission/Committee? My goals are to ensure that proper identification, protection, retention and preservation of historic sites and neighborhoods of the city are preserved. Gilroy has had an explosion in growth in the last 30 years. It will be critical that proper documentation is preserved so that future generations have a clear understanding of the development, growth and historic importance of our community. History did not have to happen 100 years ago to be important. The collective history of the community is very important and what may seem like a sma11 change can have a dramatic impact on tomorrow. It is critical that all voices and memories be preserved and understand how certain decisions have impacted our community. I see the History Heritage Committee as a way of preserving our collective memory. Why are you the most qualified to serve on this Board/Commission/Committee? As a resident of Gilroy who has experienced the growth and the different challenges that our commwuty has faced in our recent history I believe I bring a new perspective to the committee. I want to be able to give back to the community that has given me so much, and make my service on this committee as one of the small ways that I can give back. As an educator and someone who deals with people's stories on a daily basis I have a clear understanding of how an event facing a community can have a meaningful impact on future generations. As a student of history I have been trained to observe and take notice of potential critical moments in our history and help preserve them for future generations. · 9.A.a Packet Pg. 86 Attachment: 20180205_Applicants_redacted (1553 : Board & Commission Appointments) City of Gilroy Application for Board, Commission and Committee Appointment Board/Committee/Commission of Interest: HousitJ0 A·bVfSOf;t Cor,yYJj]Tt;{. Name: J £RR® A LL£-".) CotblNbTDN Phone number(s) / email address*:·---------...-r----------- Are you a registered voter within the City limits? Yes /' No __ Physical Address*:_ List your qualifications for this appointment: --------------- A~, 'De:61<.Et f'RO'M CAlrR.11..Lo CouH,e IN Bu.SIN~) I Rt:Al estAT! lou AA : Ct,~t"'1Ml '1tx71(! -, /CRY J(E}1LTU$· R,/!,V\l114[B°RQ k'.:t't,_ 1 N C"' iFo Pru\/\ ~1J\JCLr IN -re:lAJ/JRfS/E! St.vc 6 2010 2oo'f List any service to the community including any prior appointments: ______ _ A What are your goals while serving on this Board/Commission/Committee?: ----- 4Mf>Rove TRc GvAlirv of Liflf WhN1N TNe CITY Why are you the most qualified to serve on this Board/Commission/Committee?: ---;C BeL1t:v1;. :t fk.t~ t'Ni An,ur')' -ro LoDK-AT All s11JF5 Mail or email your application to: Shawna Freels, City Clerk City of Gilroy 7351 Rosanna Street, Gilroy, CA 9,-,,..,,, shawna.freels@ci.gilroy.ca.us The City of Gilroy accepts applications at any time and will keep them on file for on 9.A.a Packet Pg. 87 Attachment: 20180205_Applicants_redacted (1553 : Board & Commission Appointments) City of Gilroy Application for Board, .Commission and Committee Appointment Board/Comm ittee/Co mmission of Interest: Housing Advisory Committee Name: James D. Fay ("JD") --------------------------------- Phone number(s) / email address*: ___________________ _ Are you a registered voter within the City limits? Yes X No Physical Address*: _________________________ _ List your qualifications for this appointment: My background includes nearly 20 years of practicing transactional and general corporate law, and operating companies in a variety of executive-level roles. As a result, I am skilled at effective listening, objective decision making, and being fair and open-minded. I also have a strong analytical capability, communication skil l-set, and abi lity to learn the applicable code. List any service to the community including any prior appointments: I have recently become active in community issues around the future development of Hecker Pass and Gilroy Gardens, by providing input to the City Council, writing on community boards, and hel ping to organize citizens. What are your goals while serving on this Board/Commission/Committee?: I would like to support the master plan and existing code, wh ile providing clear and timely di rection to the City Council and parties interacting with the Committee. I wou ld like to support the smart development of the City, enhanci ng the quality of life , safety , security and opportunity for its citizens and visitors. Why are you the most qualified to serve on this Board/Commission/Committee?: ___ _ Key attributes inclu de the benefits of my background as a CFO, lawyer and operator of large and smal l organizations, along wi th a deep 13-year connection with and pride for the City of Gilroy as a resident and homeowner. * All Commission, Board and Committee applications are a public record Mail or email your application to: Shawna Freels, City Clerk City of Gilroy 7351 Rosanna Street, Gilroy, CA 95020 shawn<:3 .free ls@ci.gilroy.ca.us The C ity of Gilroy accepts applications at any time and wi ll keep t h em o n f i le for o ne yea r . 9.A.a Packet Pg. 88 Attachment: 20180205_Applicants_redacted (1553 : Board & Commission Appointments) City of Gilroy Application for Board, Committee and Commission Appointment Board/Committee/Comm ission of Inte rest: H" uS/~~ MV 1S0 R1 < o ~~ ~ 1 rr£c Name: --'~s.c........:._~_I-O--"-_f_1_S_S~.....;:L,,___ _______________ _ Phone numbe rs(s) / email address*:·----------------=----- Are you a registered voter with in th e City limits? Yes >( No __ Physi cal Address*:_ List your qu al ificati ons for this appointment: __ ~_A_L_l'._()_t ....._/ __ H_c,_"~--6 -w_~ _ _, 7 .,,._, _L_il\--'-,-#--=-_d_~ :p~~< t,4 tA-!-'~G ~ Li st a ny service t o the community includi n g a ny prior appointments: _______ _ Lui\$ ot0 ~ ~u~ of Tlfc. Co,,4-t}~~to~ CSt.)~ What are your goals while servin g on this Board/Commission/Committee?: ____ _ '\o :.r~\Jl~ A-\)01v-J1 of \J (t'.1.U ~ shzci $1..-,,J ~A~f #::?<> ·T~ 1-t~ L ~ N.-0 ~){~'[$. G-CL fh-7 l i,.J ~~Tey.~, µt "'-''-'l lre__ t-{o<)S'f~ \.)~'2.6S of-"T"'e-Fu 'tu~ . Why are you the most qualified to serve on this Board/Commi ss ion/Committee?: __ _ H~ C>Lvi>-)~ I U~l<J~ , c~] Wv\µA-6Ee, W ~Ai&j I I M'e-t ~:r-e <Jr Coll.iP ~lo~ cs.u ~ = I: l~~ r\µ ~f-c~lc.A.Jt * All Commission , Board and Committee applications are a public Mail· or email your application to: Shawna Freels, City Clerk City of Gilroy 7351 Rosa nna Street, Gilroy, CA 95 shawn a.freels@ci.qilroy.ca.us The City of G ilrL1y accep ts application~ :,t any time and 'hill keep them on file for onA , 9.A.a Packet Pg. 89 Attachment: 20180205_Applicants_redacted (1553 : Board & Commission Appointments) 10 Whom It May Concern, My name is David Fissel· I have been a resident of Gilroy for 27 years and looking to become an active participant in Gilroy civic matters· fls an empty nester with additional time at my disposal, it is my desire at this point in my life to give back to the community that I have grown to love and respect· I believe that Gilroy is entering an important chapter regarding its future and it is V£RY important for its citizens to take a keen interest in the matters at hand · I am curre ntly a real estate agent with lntero Real £state Services of Gilroy · fJs a local home owner in Gilroy, landlord/investor and property mana9er, I brin9 with me real world experience of the housing industry· fJs a former board member of 1he Compassion Center, I feel I possess a balanced view of the crtical issues facing Gilroy as we navigate housing solutions for all· It is my desire to contribute with honesty and integrity to this committee· ,hank you for your consideration· David Fissel 9.A.a Packet Pg. 90 Attachment: 20180205_Applicants_redacted (1553 : Board & Commission Appointments) rfv 1E fm fE D W rE ~ City of Gilroy Application UIJ NOV 2 2 2017 ~ for Board, Commission and Committee Apoointment By Board/Committee/Commission of Interest: Phone number(s) / ema il address*: ------------------ Are you a registered voter within the City limits? Yes "/, No __ Phys ical Address*: _______ _ List any service to the community includ in g any prior appointments:·....,.,....--,--....--------...-- C,[.tl6J'\J~~-c~ ~ ~ 6A£B -CUtl fut<)ZJa& ~ <lLttt(.~~f/V\ d>() 0~ d-/7+ ~~dJL%, ~ck~ ~~ ~J,· tMiPrLvA d .~J -vn ~~?S~~ What are your goals while serving on this Boa rd/Commission/Comm ittee?: ____ _ °ft! ~--Q1_ _~JDtAA~j--M\.<L~~Jf . '1v rA&ri ~ ( xJ)ef?n,e ~<~a1J1. wci.1, Why are you the most qualified to serve on this Board/Commission/Committee?:--=---.~---+- . Al.be ~ • * All Commission, Board and Committee applications are a public record Mai l or emai l your appl ication to: Shawna Freels, City Clerk City of Gilroy 7351 Rosanna Street, Gilroy , CA 95020 shawna. freels@ci. gi lroy .ca. us The City of Gilroy accepts appl ic ations at any t ime and will keep them o n file for one year. 9.A.a Packet Pg. 91 Attachment: 20180205_Applicants_redacted (1553 : Board & Commission Appointments) City of Gilroy Application for Board, Commission and Committee Appointment Boa rd/Committee/Commission of Interest: Libary Commiss ion ----------------- Name: Kathy Souza Ph one number(s) / email address*: ___________________ _ Are you a r egistered vo t er within the City lim its? Yes X No -- Ph ysical Address*: _________________________ _ List yo ur qualifications for this appointment: I've served on t he Lu igi Aprea Eleme ntary School Library & Literacy Committee for 2.5 years. My work with t he Committee has comprised of im plementing a fundrais in g program, grant writi ng , Literacy N ights and Fa mily Literacy Work s hops. List any service to the commun ity in cluding any prior appoi ntments: Served on the Luigi Ap rea Pa rent Cl ub (2016-2017) and Parent Lia ison to the YMCA Aft erschool Care Program (2015) What are your goals wh ile serving on this Board/Commission/Committee?: I'd love t o work with our Public Libra ry and become more invo lved in our Gilroy Community. I love how the Library has evolved with technology and has rema in ed relevant to all th e generations in our communi ty . I wou ld love to be part of th is great asset to our community. Why are you the most qualified to serve on this Board/Commission/Committee?: I am very pass ionate about the benefit of litera cy and t he need to continu e our own learning no matter our age . As a recent transplant to t he Gilroy community I'd love to get more involved and th ink that passion and committm ent would make me t he most qualified candidate . * All Commission, Board and Committee applications are a public r ecord Mail or email your application to: Shawna Freels, City Clerk City of G ilroy 7351 Rosanna Street, Gilroy, CA 95020 shawna.freels@ci.g ilroy.ca.us T he City of G ilroy accepts applica tions at any time and w i ll keep them on file for one year . 9.A.a Packet Pg. 92 Attachment: 20180205_Applicants_redacted (1553 : Board & Commission Appointments) City of Gilroy Application for Board, Committee and Commission Appointroent Board/Com?ttee/Commission of Interest: /; h ta IC.( · ColJJ/11{ S<;,.1 Q f; Name: Jo/6{, jq'J'.laJr Phone numbers(s) / email address*: ______ _ Are you a registered voter within the Gity'limits? Yes '1, No __ * Physical Address :--.::.-----.,-----.....----........... -~----------- f / YJ. Cf) 11 P q I G N ·1 1.l Why are you the most qua l ified to serve on this Board/Commission/Committee?: __ _ Prv,v,ou s -e'~ce,/ k??+ tf,CA Y'd of QWil#it19 q, !<J1102t eJ&w-r I /p ra tf 1JJ e~t/lJJ .,,. ob J..,, >f)e : ea,,,rK1 r2u 113 ,__, t r1 110 lrre t11 :en 1 r.ur/n youn3 fqn1,/~e5)n,h·1 1tlr:en ~ Commission, Bo,err.1 .and CommiHe,e applk;.aUons ,are :a p'l1bHc r.acord ur app lica tion to: Shawna Freels, City Cle r k City of Gi lroy 735 1 Rosanna Street, Gilroy, CA 95020 shawna .freels@ci.qilrov.c a.us 9.A.a Packet Pg. 93 Attachment: 20180205_Applicants_redacted (1553 : Board & Commission Appointments) City of Gilroy Application for Board, Commission and Committee Appoint By Board/Committee/Commission of Interest: Open Government Commission Name: __ Ja_m_e_s_D_._F...,ay=-(.a.."J_D_".:...) ----,------------------ Phone number(s) / email address*:·--------'--'------=----------- Are you a registered voter within the City limits? Yes X No -- Physical Address*=---------~------------,----- List your qualifications for this appointment: My backgrou nd includes nearly 20 years of practicing transactional and general corporate law, and operating companies in a variety of executive-level roles. As a result, I am skilled at effective listening , objective decision making, and being fai r and open-m inde<l. I also have a stro ng communication skill -set and ab il ity to learn and apply the app li cable code. List any service to the community including any prior appointments: I have recently become active in community issues around the future developmen t of Hecker Pass and Gilroy Gard ens, by providing input to the City Council, writing on community boards , and helping to organ ize citizens. What are your goals while serving on this Board/Commission/Committee?: I would like to support t he master plan and existing code, whi le providing clear and timely direction to the City Council and partie s interacting with the Commission. I would like to support the smart development of the City, enhanc ing the quality of life, safety, security and opportunity for Its citizens and visitors. Why are you the most qualified to serve on this 13oard/Commission/Committee?: ___ _ Key attributes include the benefits of my background as a CFO and operator of large and small orgarnzauons, which includes many years of experience m pubhc communications and speaking. I have been a resident in the City for 13 years . . * All Commission, Board and Committee applications are a public record Mail or email your application to:· Shawna Freels , City Clerk City of Gilroy 7351 Rosanna Street, Gilroy, CA 95020 shawna.free1s@ci.gi1roy. ca .us The City of Gi lroy accepts appli cations at any time and will keep them on file for one ye ar. 9.A.a Packet Pg. 94 Attachment: 20180205_Applicants_redacted (1553 : Board & Commission Appointments) City of Gilroy Application for Board, Commission and Committee Appointment Board /Commission/Committee of Interest: Planning Commission --~~-------------- Name: Travis Belanger Phone numbers(s) / email address\ Are you a registered voter within the City limits? Yes X No --- Physical Address*: _________________________ _ List your qualifications for this appointment: I have a degree in economics so I understand the importance and mechanics of balancing supply and demand to maxim ize benefits to the community . I also spent 5 years active-duty in the United States Marine Corps so I'm a strong team player who can be counted on to get the job done. List any service to the community including any prior appointments: I've only lived in Gilroy for a year but in Santa Clara (where we lived prior to Gilroy) I was active in the local neighborhood watch and regularly volunteered my time cleaning up our apartment community and local parks . What are your goals while serving on this Board/Commission/Committee?: Primarily I want to give back to Gilroy, the place I now call home . It's a historic city with a vibrant community who deserve the best in their local government. I'm hoping that by serving I'll be ab.le to help deliver that government in an area that wil .1 affect Gilroy powerfully in the years to come : planning and developement. Why are you the most qualified to serve on this Board/Commission/Committee?: ___ _ I'm adaptable, hard-working , and dedicated to the mission . I can learn anything given the chance and guidance from more experienced folks . Additionally the fresh perspective I would bring would help Gilroy face its future planning and development challenges . * All Board, Commission and Committee applications are a public record Mail or email your application to : Shawna Freels, City Clerk City of Gilroy 7351 Rosanna Street, Gilroy, CA 95020 shawna.freels@Ci.gilroy .ca.us The City of Gilroy accepts app lication s at any tim e and will keep th em on fil e for one year. 9.A.a Packet Pg. 95 Attachment: 20180205_Applicants_redacted (1553 : Board & Commission Appointments) City of Gilroy Application ofE&IEUIYl!Eri) e /rt:C -5 1017 J1 for Board, Commission and Committee Appoin By Board/Committee/Commission of Interest: Planning Commission ---"------------------ Name: James D. Fay ("JD") --------------------------------- Phone number(s) / email address*: ___________________ _ Are you a registered voter within the City limits? Yes X No __ _ Physical Address*: _________________________ _ List your qualifications for this appointment: My background includes nearly 20 years of practicing transactional and general corporate law, and operating companies in a variety of executive-level roles. As a result, I am skilled at effective listening , objective decision making, and being fair and open-minded . I also have a strong analytical capability , communication skill-set , and ability to learn the applicable code . List any service to the community including any prior appointments: I have recently become active in community issues around the future development of Hecker Pass and Gilroy Gardens, by providing input to the City Council , writing on community boards , and help ing to organize citizens . What are your goals while serving on this Board/Commission/Committee?: I would like to support the master plan and existing code, while providing clear and timely direction to the City Council and parties interacting with the Commission . I would like to support the smart development of the City, enhancing the quality of life , safety , security and opportunity for its citizens and visitors . Why are you the most qualified to serve on this Board/Commission/Committee?: ---- Key attributes include the benefits of my background as a CFO, lawyer and operator of large and small organizations, along with a deep 13-year connection with and pride for the City of Gilroy . * All Commission, Board a.nd Committee applications are a public record Mail or email your application to: Shawna Freels, City Clerk City of Gilroy 7351 Rosanna Street, Gilroy, CA 95020 shawna.freels@ci.gilroy.ca.us T h e City of G il roy accepts app li cations at any t ime and w ill keep them on fil e for one ye a r. 9.A.a Packet Pg. 96 Attachment: 20180205_Applicants_redacted (1553 : Board & Commission Appointments) Board /Commission/Committee of Interest: }1.Ah·lN lN.q CVH,.1--\l ~ON Name: {1lq12.~QJA C':tio@)fll\JO Phone numbers(s) / email address*:_ Are you a registered voter within the City limits? Yes_d_ No __ Physical Address*:_ List your qual ifications for this appointment: ---------------- List any service to the community Including any prior appointments: _______ _ What are your goals while serving on this Board/Commission/Committee?: ____ _ Why are you the most qualified to serve on this Board/Commission/Committee?: __ _ ~·All Board, Commission and Committee appllcatlons are a· public record Mail or emall your application to: Shawna Freels, City Clerk City of GIiroy 7351 Rosanna Street , Gil roy, CA 95020 shawna .freels@ci.gilroy .ca .us The City of Gilroy accepts ap plic ations ;:it a ny lirne cHlC1 will l~eep trtt~rn on file-lc,r 0,1c: yC!c:i-'. 9.A.a Packet Pg. 97 Attachment: 20180205_Applicants_redacted (1553 : Board & Commission Appointments) List your qualifications for this appointment: For almost 5 years now, I have worked in the Plannlng, Bullding, and Code Enforce)Tlent Department of a large city In Santa Clara County, Dally I speak with 70 or so contractors/builders regarding their · permits and scheduling Inspections for their projects. I also have 12 years' previous experience In the bull ding materials Industry, where I also communicated with those of various trades and the public . What are your goals whlle serving on this Board/Commission/Committee : · One of my goals would be to work to make the process of obtaining a permit niore streamlined and quicker for those applying for a permit. I would also like to see an online system where the community can research and/or obtain copies of previous documents/plans for projects. Why are you the most qualified to serve on this Board/Commission/Committee?: My career background has focused on the building Industry for almost 20 years, with almost 5 of those years In clvil service. I am committed to the comm~nity where my family and I live. My hope is to help work with others In making Gilroy a place where Its citizens are proud to llve and work. Patricia Glordano 9.A.a Packet Pg. 98 Attachment: 20180205_Applicants_redacted (1553 : Board & Commission Appointments) City of Gilroy Application for Board, Commission and Committee Appointment Board /Commission/Committee of Interest: Planning Commission Name: Sam Kim (full name: Gun-Sam Kim) ---------------------------------- Phone numbers(s) / email address*: ___________________ _ Are you a registered voter within the City limits? Yes_x __ No --- Physical Address*: _________________________ _ List your qualifications for this appointment: Implemented permitting system for Clark County, WA. Member of county railroad zoning task force. Elected and served on a School District Board of Directors (16 years); Currently working as Chief IT Operations Officer for Santa Clara County. List any service to the community including any prior appointments: President of a neighborhood association (5 years); Member of Rotary International; co~missioned reserve deputy for Clark County, WA; served as a U.S. Navy officer onboard USS Niagara Falls; Las Vegas Metro Police liaison for four HOAs. What are your goals while serving on this Board/Commission/Committee?: Ensure Gilroy' 8 quality of life is preserved while enabling compatible businesses to thrive and family-wage jobs to be created. Explore options for affordable housing, easing traffic congestion, and increasing safety for pedestrians and bicyclists. Why are you the most qualified to serve on this Board/Commission/Committee?: ___ _ I've served on boards and commissjons. some elected and others appointed. Having gone through numerous permitting and zoning processes, as well as implementing a county's permitting system, I have depth of experience and knowledge to serve effectively on Gilroy's Planning Commission. * All Board, Commission and Committee applications are a public record Mail or email your application to: Shawna Freels, City Clerk City of Gilroy 7351 Rosanna Street, Gilroy, CA 95020 shawna.freels@ci.gilroy .ca.us The City of Gi lroy accepts applicat ions at a ny time and wi ll kee p t hem o n fi le fo r one year . 9.A.a Packet Pg. 99 Attachment: 20180205_Applicants_redacted (1553 : Board & Commission Appointments) wfL~ ~4D;~1~m City of Gilroy Application By for Board, Commission and Committee Appointm:e;;n~t=========:.l Board /Commission/Committee of Interest: --~tJ G-C,otlr-11 S'5l0N Name: __ _,";)"1""--'-_...E: ..... V ...... f~~S:~E'""'E; .... f3....,_AF;..__t"'=---------------- Phone numbers(s) / email address*: __ ~---~~--~ Are you a registered voter within the City lim its? Yes ~ No __ Physical Address*:_~~------------·-~~~~- List your qualifications for this appointment: ---------------- -~~IC Aff.AC-..... H--E:=o_-___________ _ List any service to the community including any prior appointments: _______ _ -·sc:::E ArrAC\:\€9 - What are your goals while serving on this Board /Commission/Committee?: ____ _ ----------~-p_-_____________ _ Why are you the most qualified to serve on this Board/Commission/Committee?: ___ _ --S~C A 712\C, U£ - * All Board, Commission and Committee applications are a public record Mail or email your application to: Shawn a Free ls, City Clerk City of Gil roy 7351 Ro sanna Stre et, Gilroy, CA 95020 shawm1.lree ls@ci.qil roy .ca.us Til e City of Gilroy acce pts app licati ons a. an y! 11 :G :1n,J w;i ; kee p tl1em on file for o ne yea r. 9.A.a Packet Pg. 100 Attachment: 20180205_Applicants_redacted (1553 : Board & Commission Appointments) Steve Seebart December 2, 2017 Application for the Planning Commission List your qualifications for this appointment: I have a rich professional history of success in a variety of fields across the United States and in parts of Europe. (For details, see my professional history at Linkedln.com/in/steveseebart.) List any service to the community including any prior appointments: While I am relatively new to the Gilroy area, I participated in the 2016 Gilroy Citizen Summit and have served as Chair of the Historic Heritage Committee since April 2016. My past volunteer activities include: • Committee Member, Gilroy Growing Smarter (2017-Present) • Volunteer, United States National Archives, (2014 -2015). • Volunteer, California Genealogical Society (2014 -2015). • Sunnyvale AYSO President, Coach and Webmaster (2002 -2009). • Sunnyvale Metro Little League Coach and Board Member (2003 -2010). • Ponderosa School PTA Board Member (2002 -2003). • Committee Chair, AIP Certification and Accreditation Council, Committee on Internet Professional Technical Foundation Skills Specifications (1999 -2000). • Patton Township Planning Commission (1999 -2000). What are your goals in serving on the Planning Commission?: To help steer Gilroy into a prosperous future through managed, limited growth--emphasizing livability and aesthetics while maintaining our historic and cultural heritage. In particular I would work to: • Encourage downtown growth in keeping with Gilroy's historic character. • Promote mixed-use projects to limit traffic impacts and help create a city friendly to pedestrians and cyclists .. • Support a vision of Gilroy as a unique agritourism destination. • Resist the wholesale conversion of open space and farmland into large housing tracts. Why are you the most qualified to serve on the Planning Commission?: I have a long background in community service, including prior experience as a planning commissioner, current involvement with the Historic Heritage Committee and participation in local community organizations. While there is always more to learn, these experiences provide me a good background in the forces driving growth in Gilroy, and reasonable measures we can take to manage our city's future. 9.A.a Packet Pg. 101 Attachment: 20180205_Applicants_redacted (1553 : Board & Commission Appointments) City of Gilroy STAFF REPORT Agenda Item Title: Selection of Mayor Pro Tempore Meeting Date: February 5, 2018 From: Gabriel Gonzalez, City Administrator Department: City Council Submitted By: Mayor Roland Velasco Prepared By: Mayor Roland Velasco City Attorney Andy Faber Strategic Plan Goals ☐ Financially Sustainable and High Performing ☐ Livable Community ☐ Grow the Economy ☐ Upgrade Infrastructure ☐ Vibrant Downtown RECOMMENDATION Appointment of Mayor Pro Tempore. REASON FOR RECOMMENDATION The City Charter has outlined the requirement to elect a Mayor Pro Tempore following the “election or appointment of a member to the Council.” Following the recent appointment of Marie Blankley to the City Council, it is my intention to recomm end with Council approval, a new Mayor Pro Tempore. Further, this report provides future Mayor’s with the background and knowledge that the Council has authority to elect a Mayor Pro Tempore at times other than following the election or appointment of a new Council Member. BACKGROUND AND ANALYSIS This memorandum discusses the question of what limits and/or requirements, the Charter places upon the election by the Council of the Mayor Pro Tempore. Section 502 of the Charter is entitled “Mayor Pro Tempore,” and provides as follows: 10.A Packet Pg. 102 “At the first meeting of the Council following the election or appointment of a member to the Council, the Council shall elect one of its members as Mayor Pro Tempore who shall act as Mayor during the absence or inability of the Mayor to act. In the case of the temporary absence or disability of both the Mayor and the Mayor Pro Tempore, the Council shall elect one of its members to act as Mayor Pro Tempore.” Thus, the only time that the Charter requires that a Mayor Pro Tempore be elected by the Council is following the election or appointment of a new Council Member. The Charter is silent on the question of how long a Mayor Pro Tempore serves in that position, and also on the question of whether the Council can elect a Mayor Pro Tempore at other times than following the election or appointment of a new Council Member. Having reviewed the Charter, it is our opinion that the Council has authority to elect a Mayor Pro Tempore when it desires to do so, and that the Council can determine the length of time the Mayor Pro Tempore will serve in that capacity. If the Council decides to institute a form of rotation for the position, that is allowable under the Charter. As stated above, the only Charter restriction is the requirement to elect a Mayor Pro Tempore following the election or appointment of a new Council Member. There are two primary considerations that support our interpretation that a new Mayor Pro Tempore may be elected at the will of the Council. First, the Mayor and Council Members all have fixed terms of office per a specific provision in the Charter (Section 402) governing their term. Since the Charter provides no such limitation on the term of office for a Mayor Pro Tempore, this suggests that the Mayor Pro Tempore’s term of office is not similarly fixed. Given this lack of restriction on term of office, it appears that a Mayor Pro Tempore may be elected on a more frequent schedule than the Mayor or Council Members. Second, there would seem to be several situation s that would require the election of a new Mayor Pro Tempore, other than those mentioned in Section 502. Two examples are the following: (1) a Mayor Pro Tempore could resign from the position of Mayor Pro Tempore, but still remain on the Council. In this situation, there would be no new Council member elected, thus no specific triggering event for the election of a Mayor Pro Tempore, yet it would clearly be desirable to elect a replacement; and (2) The Mayor Pro Tempore could resign his or her Council seat. In this situation, the Council would normally appoint a new Council Member to fill the position until the next general municipal election. The Council would also need to elect a new Mayor Pro Tempore, given that this position would also become vacant. As there could be a delay in the 10.A Packet Pg. 103 election of a new Council Member, the election of a new Mayor Pro Tempore could also be delayed if it were based solely on the schedule provided for in Section 502 of the Charter. 10.A Packet Pg. 104 City of Gilroy STAFF REPORT Agenda Item Title: Assessment Report of Select City Commissions and Committees Meeting Date: February 5, 2018 From: Gabriel Gonzalez, City Administrator Department: Administration Submitted By: Gabriel Gonzalez Prepared By: Gabriel Gonzalez Strategic Plan Goals ☐ Financially Sustainable and High Performing ☐ Livable Community ☐ Grow the Economy ☐ Upgrade Infrastructure ☐ Vibrant Downtown RECOMMENDATION Receive report and provide direction to staff. EXECUTIVE SUMMARY At the 2016 City Council retreat, the City Council gave staff direction to evaluate the efficiency of the Commission and Board efforts. To conduct this assessment, staff selected four Commissions and/or Committees (collectively “Boards”) to participate in a voluntary interview process discussing their functionality. Additionally, staff reviewed previous agendas and policy documents to complete the assessment. The Boards included the following:  Arts and Culture Commission (“ACC”);  Public Art Committee (“PAC”);  Bicycle Pedestrian Commission (“BPC”); and,  Parks and Recreation Commission (“PRC”). This assessment report summarizes the internal review of the Boards of the City of Gilroy (“City”), pertaining to their functionality. It is organized into the following sections: 11.A Packet Pg. 105  Background;  Themes from Interviews;  Operational Data and Analysis;  Recommendations;  Board Comments to the Report; and,  Conclusion. In reviewing the trends in the interviews and the operational data, there were similarities among the Boards. Primarily, the Boards are exceeding their Charter limitation of being an Advisory Board. However, there were also differences, particularly in the interviews, that mostly existed between the Arts and Culture Commission and the Public Art Committee (“Arts Boards”) and the other Boards that were interviewed. As provided in the themes and analysis below, the Arts Boards tend to be actively focused outside of the advisory role, while the other Boards remain focused on the advisory role, but implementation often leads to deviation from that role. This deviation from the advisory role of the boards is confirmed through a review of the agenda items considered by the Boards during their meetings. Additionally, some of their policy documents, staff resources, and review of the Gilroy City Charter (“Charter”) and the Bicycle Pedestrian Commission ordinance were also reviewed for the assessment. These deviations from the advisory role limitation provided in the Charter creates tension within the Boards, as well as between the Boards and their staff, as some Board members attempt to focus the work of their respective Board in ways that are outside of the purview of the Charter. However, it is recognized that these non-advisory activities (community events, awards, etc.) provide community benefits, and are not being recommended for elimination. Staff has provided recommendations within the report that seek to improve the functioning of the Boards through training of Board and staff members, Council developed goals for the Boards, and having Boards bring desired new programs to Council for evaluation before implementation. PROJECT APPROACH The assessment of the Boards was initiated with a questionnaire survey. The intent of the survey was to gain initial understanding of what is working well with the Boards, and what constraints or challenges they are facing. The intent was to understand how both the Board members and assigned staff perceived the work, work environment, and successes of the Boards. 11.A Packet Pg. 106 The results of the survey were then used to identify potential means to improve efficiency, and were used in formulating the recommendations in the assessment report. DOCUMENT REVIEW After the interviews were conducted, a review of the agendas for each board from January 2015 through July of 2017 was conducted. The intent of this review was to determine the nature of any deviations from the advisory role of the Boards, based on answers from the survey. Additionally, the specific sections of the City Charter and the ordinance authorizing the formation of the Boards were examined to understand if any other authorities were granted aside from the general advisory role in Section 900 of the City Charter. This was to ensure that an analysis of any deviation from the duties and powers was accurate. The interviews also revealed that there were a few policy documents developed by the Boards. These documents were examined to determine if they contain any deviations from the advisory role as well. As policy documents such as strategic plans and policies are typically cited and followed for action, if they contain activities that are deviations from the advisory role, then they would induce the Board to exceed its authorization. ASSESSMENT METHODOLOGY Additional research that was initiated based upon the interviews was an analysis of the time spent by staff supporting the Boards. This analysis combined the total monthly staff time by members of staff assigned to the Boards, and then extrapolated an annual amount. Finally, it divided the number of hours by employees to develop an annual average. The report analyzes each of the assessment areas – the trends from the interviews, the agenda items, and policy documents – and identifies elements of their operation that are outside the advisory role as outlined in the City Charter and the Bicycle Pedestrian Commission ordinance. Additionally, the report addresses the staffing resources expended on the Boards. The assessment of the Boards, once issues were identified, transitioned its focus towards identifying recommendations to address any identified issues. The recommendations are based upon the assessment, and discussions with the Boards. They are intended to improve awareness of the operations of the Boards, to focus the Boards on what Council desires, and to bridge the non-advisory activities desired of the Boards to receive approval of the City Council before implementing such activities. PRESENTATION TO BOARDS AND COMMENTS RECEIVED Staff presented the assessment to the 4 commissions and committees assessed, and received their feedback. The initial presentation was to the ACC. At that time, there were 10 recommendations in that draft version of the report. However, the comments 11.A Packet Pg. 107 received and dialogue held with the ACC necessitated a change to the 3 recommendations included in the assessment report. The other three boards responded to the assessment report recommendations that are before Council. Below are the common and broad comments from the Boards. Comments about the Boards  Combining boards limits representation of their subject areas  Board members work for the City for free – donated time from work, school, and family to get things done  Volunteer time of members produces more benefits than the cost of staffing the boards  Need a way to keep commissions full  Adds cultural elements to the community Comments about Staff and City Support  No copies of the Charter as a whole provided during training, only an excerpt  Need to improve communication; also lack of feedback from Council and/or staff  City doesn’t understand the amount of work the boards are doing  Staff turnover and new staff not familiar with what the boards do  Council needs to know what boards are doing  10% of staff time is not much  Non-advisory activities were approved by Council and staff in the past  Some staff time can be reduced without combining boards Comments about Processes  Lots of volunteers for activities  What is Council’s philosophy on the subject areas of each board?  If brought back to advisory only, a lot of improvements that were made will go away; commissions would be gutted  Approvals and idea submittal processes need improve ment – no formalized processes  Need required time limits for responding quickly to commission recommendations and requests 11.A Packet Pg. 108  Need more than 5 minutes and 5 slides to present to Council Comments about Roles and Responsibilities  Clarification of what is advisory  Training should be done on role; roles given by Council  15 commissions should be celebrated  Boards should understand goals of Council, not Council issuing goals to boards; each board should have own strategic plan based on Council’s Strategic Plan  Each board requires different amounts of support Comments about the Report Itself  Recommendations should not cover all boards as a blanket  Agreement with recommendation on training  Some members were new during the interviews, answers may be different now CONCLUSION The City’s Charter has not been updated in several decades. The Boards assessed have and are expanding beyond the advisory role contemplated by the Charter. These expanded functions have resulted in community events, award programs, and other non-advisory programs that do provide service and encourage others to serve the community. However, the reality that they were not something expressly allowed by the Charter is still a potential challenge. The report recommends training for both staff and Board members about their roles, for goals to be developed by Council to help instruct the Boards regarding on what they are to focus their attention, and having any new programs that the Boards wish to implement be brought before the Council for evaluation before implementation. These recommendations are anticipated to improve efficiency of the Boards overall, and enhance the relationships between Council, the Boards, and staff. It is recommended that Council add an item to the February 2018 Strategic Plan workshop to discuss Council’s vision for its commissions and committees, including what matters the Council wishes the commissions and committees to fo cus upon. NEXT STEPS If Council agrees with the recommendation to discuss the commissions and committees during the strategic planning workshop in February, then staff will add it to the agenda for the meeting. Any other Council direction that is provided to staff will be implemented. 11.A Packet Pg. 109 Attachments: 1. Draft Commissions and Committees Assessment 11.A Packet Pg. 110 DRAFT City of Gilroy Select Commissions and Committees Assessment Report February, 2018 Prepared by the City Administrator’s Office 11.A.a Packet Pg. 111 Attachment: Draft Commissions and Committees Assessment (1518 : Committee/Commission Assessment) City of Gilroy Select Commissions and Committees Assessment Report Page 2 of 15 Executive Summary On March 5 and 6, 2016, at the annual City Council retreat, the City Council gave staff direction to evaluate the efficiency of the commission and board efforts. To conduct this assessment, staff selected 4 Commissions and/or Committees (collectively, the “Boards”) to participate in a voluntary interview process discussing their functionality. Additionally, staff reviewed previous agendas and policy documents to complete the assessment. This assessment report summarizes the internal review of 4 of the boards of the City of Gilroy (“City”), pertaining to their functionality. It is organized into the following sections:  Background  Themes from Interviews  Operational Data and Analysis  Recommendations  Board Comments to the Report  Conclusion In reviewing the trends in the interviews and the operational data, there were similarities among the Boards. Primarily, the Boards are exceeding their Charter limitation of being an Advisory Board. However, there were also differences, particularly in the interviews, that mostly existed between the Arts and Culture Commission and the Public Art Committee (“Arts Boards”) and the other Boards that were interviewed. As provided in the themes and analysis below, the Arts Boards tend to be actively focused outside of the advisory role, while the other Boards remain focused on the advisory role, but implementation often leads to deviation from that role. This deviation from the advisory role of the boards is confirmed through a review of the agenda items considered by the Boards during their meetings. Additionally, some of their policy documents, staff resources, and review of the Gilroy City Charter (“Charter”) and the Bicycle Pedestrian Commission ordinance were also reviewed for the assessment. These deviations from the advisory role limitation provided in the Charter creates tension within the Boards, as well as between the Boards and their staff, as some Board members attempt to focus the work of their respective Board in ways that are outside of the purview of the Charter. Staff has provided recommendations within the report that seek to improve the functioning of the Boards by bringing them back to their role of an advisory body, as called for in the Charter. Background The City assessed the Boards listed below:  Bicycle/Pedestrian Commission (“BPC”)  Parks and Recreation Commission (“PRC”) 11.A.a Packet Pg. 112 Attachment: Draft Commissions and Committees Assessment (1518 : Committee/Commission Assessment) City of Gilroy Select Commissions and Committees Assessment Report Page 3 of 15  Arts and Culture Commission (“ACC”)  Public Art Committee (“PAC”) The assessment process consisted of voluntary participation in answering a n open-ended, confidential questionnaire, some done in writing, but most through interview. A total of 26 members participated in late 2016 and early 2017. Below is Figure 1, a table showing the participation rates for each board. Figure 1: Board Member Interview Participation Rates Commission/Committee Members 1 Participants Ratio Arts and Culture Commission 6 5 83.3% Public Arts Committee 7 5 71.4% Parks and Recreation Commission 6 4 66.7% Bicycle/Pedestrian Commission 4 2 50.0% Total 23 16 69.6% 1) Members are based on seats occupied at the time of the interviews. Each board has 7 seats with the exception of the Bicycle/Pedestrian Commission, which has 5. Approximately 70% of the seated membership of the Boards participated. The purpose of the interviews was to gain an understanding of what each member felt was their individual role and their particular board’s role, to provide an opportunity to share their perspectives about the what is working well, what constraints exist, areas of improvement, and other thoughts regarding assessing the functions of the Commissions. The same questions were asked of 6 staff members from Recreation and Public Works that are assigned to support the Boards, and their responses were included. The only question not asked of staff was the top accomplishments of the Boards. The common themes from the interviews follow. Additionally, information was obtained about the operations of the boards as it relates to resources expended to operate/facilitate them, as well as the results of their functions as it relates to meeting the goals and intents of boards and commissions as delineated in the City’s Charter. The review consisted of analyzing the agenda items, policy documents, Charter and the BPC ordinance. Work of the Boards In conducting the assessment, the work of the Boards was reviewed, through the question of their accomplishments. It should be noted that the Boards are comprised of pure volunteers from the community. They are residents who have jobs, families, and other outside commitments, but sacrifice time to serve the community by being a voice for the community as it respects their area of interest. The work the Boards accomplish is often a labor of love, and take dedication to accomplish. The recommendations of these Boards provide additional input 11.A.a Packet Pg. 113 Attachment: Draft Commissions and Committees Assessment (1518 : Committee/Commission Assessment) City of Gilroy Select Commissions and Committees Assessment Report Page 4 of 15 in the decision making process of the City, and for that help to attain optimum results from City operations and policy. Additionally, many participate in activities, including community events, fundraisers, and collaboration with outside providers which enhance the services for the community. Even though the assessment shows some areas of improvement, this should not diminish the recognition deserved for their tireless service to the City of Gilroy. Themes from Interviews Overall, the Board members interviewed clearly demonstrate a passion for the areas in which they are serving the City. It seems that they each have taken on, to varying degrees, the mission of the board of which they occupy a representative role. Role as a Commissioner/Committee Member/Staff to the Board When asked about how they view their role as a member of their board, the trends among the Boards differ into two areas. The BPC and PRC unanimously responded that their role is an advisory role, acting as a voice between the community and the City (both staff and Council), essentially being a bridge between the two. In contrast, the Arts Boards self-identified different roles. The major trend in the Arts Boards was that their role as a commissioner was to foster an awareness of the arts. PAC members also had a trend of fundraising as another role that they have. Other comments included learning about the City, economic development, and guiding the way the Boards operate. These other comments were not significant enough to be identified as a trend. Staff was asked what their role is as a staff member to the board(s). The trends include acting as a facilitator-advisor to the board, including providing expertise when appropriate, to ensure that the board operates in compliance with legal requirements, and to complete agendas, minutes, packets, and other support materials. Role of the Boards As before, there is a difference between the BPC and PRC, and the Arts Boards. The BPC and PRC were again unanimous that the role of the board is to advise the Council, which entails giving the City information and recommendations for the Council, to bring concerns to the table, and give input in general. The Art Boards had diverse answers. The major themes of the ACC were to represent arts to the community, and to promote and educate about the arts. The PAC’s themes were to approve arts projects and to do fundraising. Interestingly, although most of the PAC members interviewed responded they individually have the role of fundraising, only half of those reported that it was also the role of the PAC board. The staff responses were unanimous that the role of the Boards is to be an advisory board, including being liaisons between the community, Council, and staff. A few responded that other, limited roles may exist as directed by Council. 11.A.a Packet Pg. 114 Attachment: Draft Commissions and Committees Assessment (1518 : Committee/Commission Assessment) City of Gilroy Select Commissions and Committees Assessment Report Page 5 of 15 Board Accomplishments The Board representatives were asked to name some projects that they had completed in the past year. The BPC and PRC shared predominately topical issues and advisory accomplishments, with a few minor volunteering projects. The projects of the Arts Boards were more direct service provision projects, and there was a noticeable amount of cross-over of projects by the ACC and PAC. Otherwise, the Boards report a robust amount of projects that are completed. Many of them involved volunteer work of the actual board members to accomplish. Staff was not asked this question, as value statements about the accomplishments for the Boards is more appropriate from board members than staff. What is Working Well The responses to this question are diverse. When considering across the Boards, the trend in responses are that the board members are working together with respect, and that staff is working well. Fundraising, although not as predominate as the other two, does see responses distributed across several of the Boards. However, in looking at trends within an individual board, there are a few that stand out. The ACC had a majority of its members report having more members appointed to seats as something that was working well. The above trend on board members working together includes a majority of PRC board members, and is a trend within their specific board as well. Staff responses trended towards board members coming up with new ideas, being energetic, and their enthusiastic buy-in for making Gilroy better. Constraints the Boards Face As it relates to what constraints are being faced by the Boards, a response provided across the Boards was staff as a constraint that the board is facing. This response was received with the same number and distribution across the Boards as staff being what is working well for the Boards. The issues with staff range from a feeling of lack of representation before the board, to matters regarding information being provided by staff. Other trends include the Arts Boards identifying a lack of direction and coordination, and the BPC and PRC stating that their constraint is being only an advisory board. Other, less numerous responses from the Arts Boards include frustration at the approval process, animosity between ACC members, and lots of ideas but no follow-through. PRC had a few respond that they are short a commissioner (at the time of the interviews). Staff reported that large constraints involve a lack of quorum and meetings, that the Boards are overly focused on external activities that are not City business or not directed by Council, and Boards trying to direct staff. Other responses include some divisiveness among board members, no real training for the Boards on Brown Act or Protocols, and the Arts Boards being frustrated about the approval process. 11.A.a Packet Pg. 115 Attachment: Draft Commissions and Committees Assessment (1518 : Committee/Commission Assessment) City of Gilroy Select Commissions and Committees Assessment Report Page 6 of 15 Potential Improvements As part of the interview, representatives were asked what improvements could be made to increase efficiency. The trends in the responses include having more community outreach and participation as well as more committee membership and attendance. The BPC and PRC had a few respond to improve relations with Council and staff. The Arts Boards had a few responses of more alignment between ACC and PAC, and more passion from staff. Staff responses trended to include combining some of the boards in varying configurations, and also clarification of roles and duties both individually and as a board. Additional responses include providing an orientation to each new member about their roles, and to reduce the number of meetings for some boards. Alternative Models The trend overall from the Boards was to not provide an alternative model for consideration. There were a few members that recommended combining the PAC with the ACC, and a few members that stated they oppose that idea. Other ideas included using a portion of Transient Occupancy Tax for public arts, more encouragement from staff, more outreach to college youth, and to use the Gilroy Arts Alliance model. Staff’s response trended to combine the Boards. Other ideas include reducing the number of meetings, and allowing the Boards to receive donations without requiring the donor to go to Council. Operational Data and Analysis In analyzing the nature of the operations of the boards, data was collected pertaining to the resources used and the nature of the business of the Boards. Additionally, a review of existing policies of the Boards was conducted, as well as reviewing authorizing Council actions and the City Charter regarding the authorized powers and duties of the selected Boards. Commissions Agenda Review For the assessment, each board liaison was asked to review the agendas of the boards that they assist, and identify how many of the agenda items were advisory in nature, and how many were outside of their authorized advisory capacity. However, in doing so, each of the liaisons had a different definition used in determining what actions were advisory during their review. A second review was conducted of all agendas by the assigned assessor, to keep a consistent view of what constitutes advisory activities for the sake of the evaluation across the boards. As such, the results for this second review had a greater ratio of advisory items than the initial review produced. There is no identified definition of advisory within the City Charter, City Code, or State Law that can be used to create a more definitive identification of what actions are advisory in nature. Below is Figure 2, a table that shows the number and ratio of advisory and 11.A.a Packet Pg. 116 Attachment: Draft Commissions and Committees Assessment (1518 : Committee/Commission Assessment) City of Gilroy Select Commissions and Committees Assessment Report Page 7 of 15 non-advisory agenda items Figure 2: Advisory Agenda Items Board Advisory2 Non- Advisory3 Total Advisory Ratio Non-Advisory Ratio Arts and Culture Commission 103 46 149 69%31% Public Art Committee 95 9 104 91%9% Parks and Recreation Commission 102 37 139 73%27% Bicycle Pedestrian Commission 153 20 173 88%12% Total Agenda Items 453 112 565 80%20% Number of Agenda Items 1 1) Agenda items are inclusive of all business items and awards, but does not include updates or administrative matters 2) Advisory is definied in this analysis as anything receiving information or issuing advice, recommendations, or information to staff or Council 3) Non-advisory is every other activity of the agenda not included in note 2 above Advisory Role – Commissions The City Charter is clear that boards are to fulfill an advisory role. All of the subject Boards have listed as their first power and duty to “act in an advisory capacity to the Council and the City Administrator [emphasis added] in all matters pertaining to [subject area dependent upon board]” (Section 909(a) and 911(a) of the Gilroy City Charter and Section I(a) of Ordinance No. 2009-03 establishing the BPC). As can be seen in the above table, the Boards are operating with approximately 20% of all their agenda work being in a non-advisory capacity. The PAC has additional duties, such as fundraising as identified in the Charter under the ACC authorities. The advisory nature is to take information in the community pertaining to the subject matter of the board, and relay through recommendations to the City Council and/or City Administrat or policies, programs, events, or other activities that the board feels should be undertaken by the City. It is the City Council and City Administrator, depending upon delegated authorities, who makes the determination if the City is to undertake the recommended activity, policy, etc., and the City then becomes the organizer of any programs or events. As revealed in the interviews, a lot of the Arts Boards members see their role as educating and advising the public or special groups about the arts, instead of directing that focus towards advising the City Council and City Administrator. This is true in the actions of the other Boards, but to a lesser degree. Below are some identified areas where the activities fall outside of the Charter’s given advisory role. Hosting Events This deviation is substantiated by the description of some of the activities the Boards are doing by the members of the Boards in the interviews, particularly in the Art Boards, though there are a few small non-advisory activities in the other boards. For example, the ACC, PRC and BPC each coordinate and produce, at least in part, community events (i.e. Movie Nights, Great Garlic 5K Run, Bike to Work Day, respectively). Without regard to the merits of having 11.A.a Packet Pg. 117 Attachment: Draft Commissions and Committees Assessment (1518 : Committee/Commission Assessment) City of Gilroy Select Commissions and Committees Assessment Report Page 8 of 15 the events, this is an administrative matter, and the nature of the City’s involvement and use of staff and monetary resources should not be determined by the Boards, but rather by the City Administrator or Council. The role of the Boards is to provide advice, not service delivery. If the Boards recommend events to be held, then the Council can determine if the individual event merits the resources when compared to everything the City is undertaking with the staff and resources available. If the event is held by the City, then the Board can provide recommendations and advice, but not be directly providing the activity. It is recognized that the community events undertaken produce community value, and take a significant effort of the Board members to coordinate. This wo rk is appreciated greatly. However, there needs to be an evaluation of new community events before such work is undertaken, to ensure it is consistent with Council policy and goals. Award Programs Another example is that the ACC, BPC, and PRC all have some form of award program where they issue certificates or other forms of recognition to those they select. However, it is the Council that should be determining who is recognized by the City. If Council were to grant that ability to a board to provide recognition, the criteria and process should at least be presented to Council or delegated staff for approval before implementation, which did not take place in the case of the ACC’s award and recognition program. In similar fashion as with community events, developing award programs and recognizing residents and businesses for their contributions towards improving Gilroy are admirable. However, as mentioned above, these should be evaluated by Council before being undertaken. Fundraising Third is that many of the boards, in some fashion, participate in fundraising. The Charter makes special exception for the PAC to conduct fundraising. Again, there is nothing wrong with fundraising, the issue is that it is not an advisory role, and one not ascribed to boards and commissions in the Charter, with the exception of the PAC under the ACC. Fundraising is an important aspect to achieving projects and programs, particularly in times when there is a lot of demand on public funds. There are a lot of requirements and hazards in fundraising, though. These include tax issues for the donor, reporting requirements, appropriate fundraising activities, and other issues that are policy level. As such, before any fundraising activities are undertaken, a thorough evaluation of the fundraising plan, reporting, and use of funds must be made to ensure legal compliance before the program is implemented. This work of the Boards outside of their advisory role may be the cause of the differing opinions of staff by the members of the Boards. As mentioned in the interview themes, there were the same number of board members stating that staff was working well, as well as stating staff was 11.A.a Packet Pg. 118 Attachment: Draft Commissions and Committees Assessment (1518 : Committee/Commission Assessment) City of Gilroy Select Commissions and Committees Assessment Report Page 9 of 15 a constraint to the Boards. The fact that the same number of Board members say that staff is working well as those that say staff are a constraint, suggest differing expectations of what staff is to do in supporting the Boards. If Board members determine that they wish to conduct work outside of the advisory role, there would be differing views on the role of the Boards as staff attempts to keep the focus and activities based upon the mission and scope as outlined in the City Charter, approved by the citizens of Gilroy. The comments that some Board members feel that staff is not supporting them, or energetic with the projects the Boards decide to undertake, would be consistent with this presumption. As the Boards have expanded their role beyond the original design of the Charter, the issue of how far the expansion should go becomes a matter of concern f or several reasons. These reasons include the intention of Council regarding their goals for the subject matter area, operational capacity concerns, as well as clarity regarding roles and expectations of support. These should be known and resolved before implementing any new programs. Other Policy-Related Documents with Non-Advisory Items Several of the Boards being assessed have their own policy-related documents. These were also reviewed, as the Boards use these to determine the activities they choose to undertake. The first reviewed was the ACC Strategic Plan. Most of the plan document is a history of the activities of the ACC, but it also has a list of goals, objectives, and proposed outcomes. In reviewing the items listed, approximately 52% of the objectives (11 of 21 items) and 56% of the outcomes (14 of 25 items) were not of an advisory nature. All of the goals could be approached from an advisory role, but the objectives and outcomes were mostly outside of the advisory role. The BPC also has a Strategic Plan. The plan’s goals are vague on implementation , which leaves the advisory nature in question. The Action Plan portion of the BPC Strategic Plan is an update more on the activity that has already taken place, and some of the very next steps to be taken. Most of the updates are advisory, with some that may fall into a gray area but are given the benefit of the doubt to be advisory. As long as the Strategic Plan items are only pursued in an advisory role and not undertaken directly, then the document is complaint with the exception of the Bike to Work Day event. As mentioned above, the provision of events by the Commission is not an advisory role. Finally, the Public Art Policy ascribes to the PAC several tasks, some which have not been completed. These tasks include bringing forth a public art plan for adoption, regular review of the plan, and establishment of a maintenance review process for the C ity’s public art collection. In addition the PAC has a 10 year public art collection evaluation for collection management to assess the collection’s future coming due next year. The ACC, being the coordinator of the PAC, should be directing the completion of these policy assignments, and gearing up for the public art collection evaluation by determining with input from PAC what the process will be for this evaluation cycle. 11.A.a Packet Pg. 119 Attachment: Draft Commissions and Committees Assessment (1518 : Committee/Commission Assessment) City of Gilroy Select Commissions and Committees Assessment Report Page 10 of 15 As these policy documents concern matters of policy and operational capacity to carry out the programs contained within, these documents should be revised to keep with the advisory role, and only contain programs that are evaluated and approved by the City Council. Staff Time Spent on Boards As part of the assessment the staff that regularly supports the Boards w ere asked to estimate the total amount of time spent supporting the Boards per month. Below is Figure 3, a table that illustrates the number of hours per month for each Board, as well as a combined total. Figure 3: Monthly Staff Hours by Board Position ACC PAC PRC BPC Total M. DeLeon, Recreation Director 6 6 6 18 A. Henig, Recreation Manager 10 14 24 C. Baksa, Management Analyst 6 6 C. Mirelez, Recreation Supervisor 10 10 20 S. Voss, Recreation Coordinator 20 20 D. Taft, Office Assistant 24 24 M. Fisher, Consultant Engineer 5 5 Total 26 42 20 29 117 Average 16.7 Monthly Hours per Board In total, 117 hours per month are spent in support of these 4 boards. While that may not sound like a large number, those are hours not being spent providing services or programs. The average staff person assigned to these Boards spends 16.7 hours per month supporting a board(s), which is approximately 10% of their regularly scheduled hours during an average month. Extrapolated over 11 months (most boards have at least one meeting cancelled regularly, as well as occasional lack of quorum/cancellation) this totals 23 full days per year spent in support of the Boards for each of the 7 staff members. This equates on average to a little more than one month each year of regularly scheduled days for each employee assigned to a board as support staff. Number of Standing Citizen Boards and Commissions Attached to this report is Appendix A, which features Figure 4, a table showing the number of standing citizen boards and commissions of Santa Clara County cities with the exception of San Jose and Gilroy. It demonstrates that the average number of such boards and commissions is 10. This is 5 less than Gilroy’s 15 standing citizen boards. Gilroy is tied with 2 other cities for the highest number of such boards and commissions in the County. Each of these 15 Boards are supported by staff. Community Development serves 7 Boards, Recreation Serves 5, and Public Works, Human Resources, and the City Clerk’s Office each serve 11.A.a Packet Pg. 120 Attachment: Draft Commissions and Committees Assessment (1518 : Committee/Commission Assessment) City of Gilroy Select Commissions and Committees Assessment Report Page 11 of 15 1 Board. The staff time analysis above was only for 4 of the 15 Boards, which means that even more staff time is consumed if the average is extrapolated over all 15 Boards. It is important to have all new programs evaluated. While one program may not be a significant demand, programs from several of the Boards could produce larger service demand loads on the City’s operational capacity. Broad and Overpowered Authority In reviewing the Charter as it pertains to the Boards and Commissions (Section 900), there are two authorities granted to the Boards that render to them a significant amount of power and authority. 1. Charter Section 904, towards the end of the section states that “Each board or commission shall have the same power as the council to compel the attendance of witnesses, to examine them under oath, to compel the production of evidence before it and to administer oaths and affirmations in any investigation or proceeding pending before it.” While it is unlikely to be abused, some of the boards and commissions, such as those being discussed in this assessment, do not have a responsibility outside of an advisory role. As such, the need to be able to compel evidence or witnesses for any investigation it sees fit is an excessive level of power. 2. The first duty listed in Section 909(a) (ACC section) and 911(a) (PRC section) of the Gilroy City Charter and Section 1(a) of Ordinance No. 2009-03 establishing the BPC states that they shall have the power and duty to “(a) Act in an advisory capacity to the Council and City Administrator in all matters pertaining to [area of focus]”. The use of the term “all matters” is extremely broad without later reservation or limitation to this scope. This allows the Boards to drill down to minutia level of details, and become engrossed in operational matters, as opposed to the advisory function at the policy and macroscopic level. Additionally, when any of the Boards wish to obtain information at this level, this can produce a significant amount of staff time above the averages mentioned above, to obtain the requested information or research. There are no provisions in place regarding an authorized maximum amount of staff time to be spent in support of the Boards. This provision is not contained in the duties and powers of all commissions. Bodies such as the Planning, Personnel, and Open Government Commission do not have this broadly defined duty, but operate with some administrative functions. The BPC actually has additional review duties added in their ordinance, including ability to hold forums as part of duty Section 1(b) in the BPC ordinance. 11.A.a Packet Pg. 121 Attachment: Draft Commissions and Committees Assessment (1518 : Committee/Commission Assessment) City of Gilroy Select Commissions and Committees Assessment Report Page 12 of 15 Recommendations Below are recommendations intended to address the issues identified as part of the assessment. Given the operational capacity limitations, these recommendations are able to be accomplished with the staffing currently available. As these recommendations are undertaken, the status and efficiency of the boards may be re-evaluated in the future to determine what other recommendations may be appropriate. Many of these recommendations will be useful to the other boards that were not part of this initial assessment phase . 1. Should the Boards be required to obtain Council approval before implementing non - advisory programs? As identified above, the Boards have begun to expand beyond the advisory role identified in the City Charter. Such non-advisory activities as starting their own awards programs, implementing and directing work on community events, and conducting their own fundraising activities require City resources to support. While these programs are worthwhile, many of these program types that have been initiated by the Boards have not been evaluated by Council. This evaluation would seek to determine if the program is consistent with Council’s:  vision of how they want the Boards to operate,  desired areas of focus for the Board, and  prioritization of the use of City resources, such as staff time and goods and services compared to overall City operations. As such, staff is recommending that the Boards seek Council consent with new programs that they wish to undertake, so that Council may evaluate the feasibility and appropriateness of the program before being implemented. 2. Board members and staff be provided training regarding roles and expectations During the initial presentation with the Arts and Culture Commission, several of the members provided input that they had not received instruction about their roles, what limitations exist, and ultimate vision of the Board’s activities that Council would like for them to accomplish. Additionally, staff members also report that some training was received, but more would be beneficial. It is recommended that each of the Boards and their staff liaisons receive more comprehensive training about:  the Brown Act,  the Open Government Ordinance,  Robert’s rules of order,  what the advisory role is,  what Council’s vision is of how the Boards are to operate, and  what the ultimate goal of Council is related to each Board’s area of focus. 11.A.a Packet Pg. 122 Attachment: Draft Commissions and Committees Assessment (1518 : Committee/Commission Assessment) City of Gilroy Select Commissions and Committees Assessment Report Page 13 of 15 3. Council should have as a portion of the Strategic Plan update discussion the development of goals for the Boards As discussed in the recommendation above, and as expressed in some of the questionnaire responses, the Boards need a fuller understanding of what Council seeks to be accomplished by each of the Boards. Depending upon Council’s vision for the Boards, it may result in activities to be developed in the City’s Strategic Plan. Board Comments to the Report Staff presented a draft version of this report to each of the Boards selected for this assessment. Below are the common and broad comments from the Boards. Comments about the Boards  Combining boards limits representation of their subject areas  Board members work for the City for free – donated time from work, school, and family to get things done  Volunteer time of members produces more benefits than the cost of staffing the boards  Need a way to keep commissions full  Adds cultural elements to the community Comments about Staff and City Support  No copies of the Charter as a whole provided during training, only an excerpt  Need to improve communication; also lack of feedback from Council and/or staff  City doesn’t understand the amount of work the boards are doing  Staff turnover and new staff not familiar with what the boards do  Council needs to know what boards are doing  10% of staff time is not much  Non-advisory activities were approved by Council and staff in the past  Some staff time can be reduced without combining boards Comments about Processes  Lots of volunteers for activities  What is Council’s philosophy on the subject areas of each board?  If brought back to advisory only, a lot of improvements that were made will go away; commissions would be gutted  Approvals and idea submittal processes need improvement – no formalized processes  Need required time limits for responding quickly to commission recommendations and requests  Need more than 5 minutes and 5 slides to present to Council Comments about Roles and Responsibilities  Clarification of what is advisory 11.A.a Packet Pg. 123 Attachment: Draft Commissions and Committees Assessment (1518 : Committee/Commission Assessment) City of Gilroy Select Commissions and Committees Assessment Report Page 14 of 15  Training should be done on role; roles given by Council  15 commissions should be celebrated  Boards should understand goals of Council, not Council issuing goals to boards; each board should have own strategic plan based on Council’s Strategic Plan  Each board requires different amounts of support Comments about the Report Itself  Recommendations should not cover all boards as a blanket  Agreement with recommendation on training  Some members were new during the interviews, answers may be different now Conclusion It is evident from the input received and the assessment of the activities and policy documents of the Boards that there are areas of improvement as it relates to the Boards of the assessment. By adopting all or some of the recommendations above, improvements in the conduct and product of the Boards and their assigned staff are anticipated. 11.A.a Packet Pg. 124 Attachment: Draft Commissions and Committees Assessment (1518 : Committee/Commission Assessment) ATTACHMENT “A” Figure 4: Number of Standing Citizen Boards Comparison Boards Gilroy Campbell1 Cupertino Los Altos2 Los Altos Hills Los Gatos Milpitas3 Monte Sereno4 Morgan Hill5 Mountain View6 Palo Alto7 Santa Clara Saratoga Sunnyvale Arts and Culture Commission 1 1 1 1 1 2 1 1 Public Art Committee 1 1 1 1 Parks and Recreation Commission 1 1 1 1 1 1 1 1 1 1 1 1 1 Bicycle Pedestrian Commission 1 1 1 1 1 1 1 1 1 1 1 Building Board of Appeals 1 1 1 1 Community/Neighborhood Revitaliz. C.1 1 Historic Heritage Committee 1 1 1 1 1 1 1 1 1 Housing Advisory Committee 1 1 1 1 1 Library Commission 1 1 1 1 1 1 1 1 1 1 1 1 Open Government Commission 1 Personnel Commission 1 1 1 1 Planning Commission 1 1 1 2 1 1 1 1 1 1 2 1 1 1 Physically Challenged Appeal Board 1 1 1 Youth Commission 1 1 1 1 1 1 1 1 1 1 1 1 Other 1 1 4 4 9 1 8 3 3 2 1 4 Average Totals 15 8 11 12 16 11 14 2 3 11 9 12 7 15 10 1) Campbell's arts board is combined with library, beautification, history, seniors, and youth commission roles 2) Los Altos has two boards that review different elements from what we have in just 1 Planning Commission 3) Milpitas' Parks and Recreation also serves as the historic preservation advisory role 4) Monte Sereno's Planning is actually just a Site and Architecture Review Committee 5) Morgan hill has a Library, Culture and Arts Commission 6) Mountain View has 2 art boards, 1 for performing arts and the other for visual arts 7) Palo Alto has two boards that review different elements from what we have in just 1 Planning Commission 11.A.a Packet Pg. 125 Attachment: Draft Commissions and Committees Assessment (1518 : Committee/Commission