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)
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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.
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Packet Pg. 7 Communication: Minutes of the January 22, 2018 Regular Meeting (CONSENT CALENDAR (ROLL CALL VOTE))
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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)
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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.
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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.
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Packet Pg. 10 Communication: Minutes of the January 22, 2018 Regular Meeting (CONSENT CALENDAR (ROLL CALL VOTE))
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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.
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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.
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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
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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.
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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
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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
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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.
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6.B.b
Packet Pg. 24 Attachment: Loan Oak Lane Parcel 3 Distribution Electric v6 (1516 : Hecker Pass Utility Easement)
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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
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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
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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
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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
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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
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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
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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
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1. PC Resolution signed
8.A
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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
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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:
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“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
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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.
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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:
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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.
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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
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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
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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.
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Attachments:
1. Draft Commissions and Committees Assessment
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DRAFT
City of Gilroy
Select Commissions and Committees Assessment Report
February, 2018
Prepared by the City Administrator’s Office
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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”)
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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
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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.
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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.
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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
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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
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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
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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.
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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
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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.
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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.
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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
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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.
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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
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