2015 – 2023 Housing Element Accomplishments
Program
Number Program Name Objective Accomplishments
H-1.A Publicize
Residential Sites
Inventory
The City shall make the residential sites inventory
available to developers by publicizing it on the City
website and providing copies of the sites to developers.
The City shall update the list of sites annually, or as projects are approved on the sites.
In addition to the 2015 – 2023, Housing Element sites inventory, the most recent Residential Vacant Land Inventory was
completed in October 2022 and is available on the City’s website. The City also completed an initial assessment of underutilized and vacant land as part of the 2023 – 2031 Housing Element update.
H-1.B Residential
Development
Ordinance
The City shall review and revise, as appropriate, the
Residential Development Ordinance to ensure that it does not pose a constraint on the maintenance, improvement
and development of housing; and provides capacity to
meet the City’s RHNA need. Furthermore, the City will
encourage the development of housing that is affordable to a variety of income groups through the Residential
Development Ordinance by comparing its features with
the Neighborhood District Ordinance and making any
changes to ensure the two policies are compatible.
Senate Bill 330, signed by the governor in 2019, prohibits a jurisdiction from implementing any provision that limits the number of approvals or permits or puts a cap on the number housing units that can be approved or constructed, or limits population. As a result, the Residential Development Ordinance is now null and void and will be repealed as part of the City's comprehensive zoning update in 2023.
H-1.C Variety of
Housing in
Neighborhood
Districts
The City shall review and revise, as appropriate, the
Neighborhood District Policy to ensure that it encourages the development of housing that is affordable to a variety of income groups by comparing its features with the
Residential Development Ordinance and making any
changes to ensure the two policies are compatible and
designed to reach the same goals.
The Residential Development Ordinance is no longer in effect.
The 2040 General Plan includes a new higher density
Neighborhood District designation, allowing a greater range of housing types from single family detached dwellings (0-7 du/ac) to higher density multi-family dwellings (16-30du/ac).
H-1.D Facilitate Infill
Development
The City shall coordinate efforts with private and nonprofit developers, and other housing related groups to encourage the construction of residential development
through a menu of regulatory incentives (e.g., streamlined review and other methods that will effectively encourage infill development). The City shall monitor infill
development on a biannual basis to ensure the
effectiveness of programs to encourage housing
development. If, based on its biannual review, the City finds that additional programs are needed to facilitate Between January 1, 2015 and December 31, 2022, the City permitted 2,605 new residential units. The City’s residential development standards are generally very permissive. For example, single-family and multi-family residential projects that comply with objective development and design standards can generally be approved through a ministerial or administrative review process, without the need for public hearings.
Furthermore, multi-family development is typically built with moderate to high densities, with higher densities allowed through the State Density Bonus law.
12.1 p. 933 of 947
2015 – 2023 Housing Element Accomplishments
Program
Number Program Name Objective Accomplishments
infill development, the City shall revise programs as
appropriate.
H-1.E Monitor Permit
Requirements,
Processing
Procedures and
Land Use
Controls
To ensure permit requirements and processing procedures do not constrain residential development, the City shall evaluate current requirements and procedures on a
biannual basis. The City shall consult builders and other parties engaged in housing development activities to
identify concerns. If permitting requirements are
determined to be a constraint to residential development the City shall modify permitting requirements and/or
procedures to address constraints, as feasible.
In 2020, the City awarded the contract for the purchase and implementation of a Land Management System to Tyler
Technologies for the implementation of EnerGov to manage and track land development applications, business and professional licenses, special event permits, code enforcement cases, and fire prevention/pre-treatment/ hazardous materials management. The City and Tyler teams kicked off the project in September of 2020 with an anticipated "go-live" in 2023.
Applicants will be able to check the status of their permit online and staff will have greater control over the workflow. The City also continues to hold development stakeholder roundtable meetings (virtual in 2020) to maintain a dialog with the Development Community. Topics included bicycle parking, objective design standards, and a potential update to the City's Downtown Specific Plan.
H-1.F Zoning to
Encourage and
Facilitate SingleRoom
Occupancy Units
The City shall revise the Zoning Ordinance to establish explicit definitions for and regulatory standards
addressing single-room occupancy units.
Not completed. The City will include a definition for and regulatory standards addressing single-room occupancy units as part of the 2023 Zoning Update.
H-1.G Study MicroUnitsThe City shall conduct a study of the appropriateness of “micro-units” in Gilroy and the existing barriers in the Zoning Ordinance to the provision of micro-units. Based on the findings of the study, the City will make a
determination of the appropriateness of micro-units in
Gilroy and, if determined appropriate, identify methods for eliminating barriers, and establish appropriate
development standards.
Not completed. The City will define “micro-units” in Gilroy as part of the 2023 Zoning ordinance update. The draft 2023 – 2031 Housing Element includes a program to develop incentives for micro-units which help contribute to the City’s affordable by design housing stock.
H.2.A Develop
Affordable
Housing
Incentives
The City shall review and revise, as appropriate, current incentives and regulatory concessions available to
developers for the development of affordable housing
throughout the city, and especially within the Downtown The City continues to monitor development in the Neighborhood District areas (e.g., Glen Loma) and the Downtown Specific Plan area and provide technical assistance to potential developers.
12.1 p. 934 of 947
2015 – 2023 Housing Element Accomplishments
Program
Number Program Name Objective Accomplishments
Gilroy Specific Plan area and Neighborhood District.
Incentives and regulatory concessions may include, but
are not limited to parking reductions, and reduced
setbacks. The City shall also provide technical assistance, as feasible; information on State and Federal funding
opportunities; and marketing to potential developers.
The City shall continue to monitor development within
the City’s Downtown area on a biannual basis to ensure
the implementation of the Specific Plan’s policy on
encouraging the development of a mix of retail, office and higher density residential uses. The City shall encourage the development of uses within the area to closely follow the recommended land use assumptions contained in the
Specific Plan. If, based on its biannual review, the City finds that the proportion of residential uses to nonresidential uses are not being developed as assumed in the Specific Plan, the City shall investigate additional
incentives, concessions or assistance and revise programs as appropriate.
The draft 2023-2031 Housing Element includes a program to adopt an Affordable Housing Policy. The draft 2023-2031 Housing Element also anticipates new development in the downtown area including affordable housing units.
The City continues to seek grant funding to update the
Downtown Specific Plan to ensure that the City’s vision for the downtown is implemented.
H-2.B Pursue Funding
for Affordable
Housing
The City shall pursue funding from State, Federal, and
regional sources and support applications for funding to help increase the supply of affordable housing. Funding programs may include but are not limited to:
• One Bay Area Grants awarded by the Association of
Bay Area Governments;
• HCD Local Housing Trust Fund Program;
• HUD Section 811 funding for supportive housing for
extremely low-income residents;
• The state Infill Infrastructure Grant program,
sponsored by the Department of Housing and
Community Development (HCD); and
The State Multifamily Housing Program (MHP),
sponsored by HCD.
The City evaluates funding opportunities as they arise and apply as appropriate. The City also facilitates public hearings on behalf of private developers who wish to seek tax credit financing for an affordable housing project.
12.1 p. 935 of 947
2015 – 2023 Housing Element Accomplishments
Program
Number Program Name Objective Accomplishments
H-2.C Community
Development
Block Grant
Program
The City shall continue to administer the Community
Development Block Grant Program for all eligible
activities, including acquisition, rehabilitation, home buyer assistance, economic development, homeless
assistance, public services, and public improvements. The City shall continue to inform non-profit organizations of funding availability through the City’s website and
informational packets at City Hall.
The City continues to administer the CDBG program and funds eligible activities as funding allows. One such activity is a housing rehabilitation program that helps low income
individuals with accessibility improvements. The city has provided a grant to Rebuilding Together Silicon Valley to operate and expand the Home Repair, Rehabilitation and
Modification program in Gilroy. This program provides a wide range of home repair, accessibility, mobility and rehabilitation improvements for low income homeowners.
H-2.D Housing Trust
Fund
The City shall continue to administer the City’s Housing Trust Fund for all eligible activities, including new
construction, acquisition, rehabilitation, home buyer
assistance, homeless assistance, public services related to housing, and preservation of affordable housing. The City shall continue to inform non-profit organizations of
funding availability through the City’s website and
informational packets at City Hall.
During most of the 5th cycle planning period, the City allocated Housing Trust funds towards housing-related activities. These activities include fair housing services, tenant landlord counseling services, and homeless prevention services. In 2022, the City replaced the HTF with the Permanent Housing
Allocation (PLHA) Fund, making more funds available for public service addressing homeless basic need programs as well as programs that focus on homelessness prevention.
H-2.E Funding Sources
to Assist
Homeownership
The City shall pursue potential sources of additional
funding for homeownership assistance, including the
availability of State HCD, CalHFA funds, HOME, and
County funds. The City shall improve public outreach
activities through the compilation of resources for down payment assistance, silent second mortgages, and other
means of acquiring a home.
The City has posted on its website links to organizations who offer homebuyer assistance, including the Housing Trust of Silicon Valley, an organization that helps first-time homebuyers secure Below Market Rate (BMR) down payment assistance.
On December 6 and December 8, 2022, the City co-hosted
Spanish and English Webinars (respectively) to educate the public on the Santa Clara County Empower Homebuyers Down Payment Assistance Program. The webinar was co-hosted with the City of Morgan Hill and the Housing Trust of Silicon Valley.
H-2.F Section 8
Referrals
The City shall continue to provide Section 8 referral
services and information to City residents. The City shall make information on the Section 8 voucher program
available on the City website.
The City has posted on its website a link to the Housing Authority of Santa Clara County website. Here individuals can learn more about Housing Choice voucher eligibility and determine if the current waiting list is accepting any additional households.
12.1 p. 936 of 947
2015 – 2023 Housing Element Accomplishments
Program
Number Program Name Objective Accomplishments
H-2.G Development of
Housing for
Extremely LowIncome
Households
The City shall review and incorporate appropriate
regulatory incentives, financial incentives, and other
policies that encourage the development of housing units for extremely low-income households. The City shall
encourage and support the development of housing for
extremely low-income households within future
affordable housing projects through various strategies and programs that may include assistance with entitlement
processing; and modifying development standards and
granting concessions and incentives for projects that
provide housing for lower income families.
The City continues to encourage developers to include extremely low-income units in their housing projects. Staff are available to meet with developers and discuss various incentives and concessions, consistent with State density bonus law.
H-2.H Water and Sewer
Service Priority
The City shall review and update every five years, as
necessary, the Water and Sewer Service Priority Policy to ensure future affordable projects will receive service
priority.
The Gilroy collection system includes about 140 miles of sewer mains. Policies in the new 2040 General Plan provide for reliable sewer service for all residents and businesses through a cooperative effort between the City and SCRWA. The General Plan also includes policies to ensure the provision of healthy, safe water for all users in Gilroy through facilities, policies, programs, and regulations.
H-3.A Housing
Rehabilitation
To enhance the quality of existing neighborhoods, the
City shall continue to implement the City’s Housing
Rehabilitation Program. The City will continue using
Community Development Block Grant (CDBG) funds to
assist in the improvement of substandard housing.
The City currently funds a housing rehabilitation program that provides accessibility improvements to very low income
households. The City has provided a grant to Rebuilding Together Silicon Valley to operate and expand the Home Repair, Rehabilitation and Accessibility Modification program in Gilroy.
This program will provide a wide range of home repair,
accessibility, mobility and limited rehabilitation improvements for low income homeowners.
H-3.B Code
Enforcement
Program
To ensure continued maintenance of housing quality,
condition, and use, the City shall continue to enforce
building codes to address existing exterior and interior code violations. Within current staffing limits, the City shall contact owners of units identified as substandard, offering inspection services and providing information on the City’s Rehabilitation Loan Program and
landlord/tenant information and mediation services.
The City continues to enforce building codes to address code violations. Code enforcement officers work with owners of units identified as substandard, offering inspection services and providing information on the City’s programs and services. .
12.1 p. 937 of 947
2015 – 2023 Housing Element Accomplishments
Program
Number Program Name Objective Accomplishments
H-3.C Monitoring of
Units At-Risk of
Converting to
Market Rate
The City shall provide for regular monitoring of deedrestricted units that have the potential of converting to market rate. In order to proactively address units at-risk of conversion, the City shall develop a program to partner with non-profit housing providers and develop a
preservation strategy. This strategy will at least include biennial contact with property owners of affordable units, identification of funds to purchase and preserve
affordable units, noticing of tenants and technical
assistance with applications for funds.
To date, no known multi-family affordable housing units have converted to market rate or are at-risk of conversion. Many of the complexes have undergone significant rehabilitation to update and prolong the longevity of the units. The city has contracted with HouseKeys to serve as Program Administrator of the city's BMR home ownership and rental property program including contacting homeowners and property managers to evaluate compliance. HouseKeys will continue to evaluate the city's current multi-family affordable housing stock to determine if any developments are at-risk of conversion.
H-3.D Resale Control
on OwnerOccupied Below
Market Rate
Units
The City shall continue to implement resale controls on owner-occupied Below Market Rate (BMR) units to
ensure that affordable units provided through public
assistance or public action are retained for 30 years or more as affordable housing stock.
The City has contracted with HouseKeys to serve as Program Administrator of the city's BMR home ownership and rental property program.
H-3.A Rent and Income
Restrictions on
Rental BelowMarket Rate
Units
The City shall continue to implement rent and income
restrictions on rental Below Market Rate (BMR) units to ensure that affordable units provided through public
assistance or public action are retained for 30 years or more as affordable housing stock.
The City has contracted with HouseKeys to serve as Program Administrator of the city's BMR home ownership and rental property program to help ensure that the homeowners and property owners are complying with affordable housing
requirements.
H-4.A Housing for
Large Families
The City shall review and revise the Zoning Ordinance, as appropriate, to incorporate appropriate regulatory
incentives, and other policies that encourage the
development of rental housing units with three or more
bedrooms to accommodate the needs of large families.
The City shall encourage and support the development of rental housing for large families within future affordable housing projects through various strategies and programs that may include assistance with site identification and entitlement processing; and modifying development
standards and granting concessions and incentives.
Not completed. The 2023 – 2031 Housing Element includes a program to develop incentives to encourage the development of housing to accommodate the needs of large families in Gilroy.
12.1 p. 938 of 947
2015 – 2023 Housing Element Accomplishments
Program
Number Program Name Objective Accomplishments
H-4.B Development of
Housing for
Seniors
The City shall consider areas for new senior housing
development, including residential care facilities, that are convenient to public transit and within walking distance to shopping and restaurants, and incorporate appropriate regulatory incentives, financial incentives, and other
policies that encourage the development of housing for
seniors. The City shall continue to accept Senior only and Affordable Senior Housing projects through the RDO
Exemption program to encourage the development of
these projects.
Not completed. The City will consider areas for new senior housing development, including residential care facilities, as part of the 2023 Zoning Update. As noted above, the Residential Development Ordinance is no longer in effect.
H-4.C Reduced Parking
Standards for
Senior Housing
The City shall conduct a study to determine if reduced
parking standards for senior housing is appropriate in
Gilroy. Based on the findings of the study, the City may revise the Zoning Ordinance, as necessary, to reduce
parking standards for senior housing.
Not completed. The 2023 – 2031 Housing Element includes a program to consider reduced parking standards for senior housing.
H-4.D Development and
Conservation of
Housing for
Farmworkers
The City shall continue to partner with the Housing
Authority of Santa Clara County and various non-profit
organizations to explore and implement ways of
providing affordable farmworker housing. The City shall assist with requests by developers for State and Federal funding for development of multi-family housing within
city limits.
The City maintains communication with Santa Clara County and other organizations regarding the need for farmworker housing and the potential for expanding farmworker housing in Gilroy.
There is currently farm worker housing in Gilroy, including three apartment buildings (managed by Eden Housing). The Ochoa Migrant Camp (managed by EAH Housing) is just
outside of city boundaries. The Ochoa Migrant camp is seasonal, following the surrounding harvest season. During the off season, it is used to accommodate un-housed families.
H-4.E Consistency with
the Employee
Housing Act
The City shall update the Zoning Ordinance to be
consistent with the Employee Housing Act (Health and
Safety Code 17021), which generally requires employee
housing to be permitted by-right, without a CUP, in
single-family zones for less than six persons, and in all zones that allow agricultural uses with no more than 12 units or 36 beds.
Not completed. The City will update the Zoning Ordinance in 2023 to be consistent with the Employee Housing Act (Health and Safety Code 17021).
12.1 p. 939 of 947
2015 – 2023 Housing Element Accomplishments
Program
Number Program Name Objective Accomplishments
H-4.F Support
Homeless
Service Providers
The City shall continue to support the efforts of agencies providing emergency shelter for homeless residents,
including providing funding when feasible and
appropriate.
The City provides funding to homeless service providers through both its CDBG and HTF/PLHA programs. Services include
referrals to the Santa Clara County Continuum of Care program, case management, homelessness prevention and provision of basic need items.
The City hosts monthly meetings with Unhoused Service
Providers. The goal of USP Network is to increase collaboration and partnership among the service providers and the City of Gilroy to connect the unhoused with services.
H-4.G Home Access
Grants
The City shall continue to administer Home Access
Program to provide very low-income disabled residents
with help in safely entering and exiting their homes and accessing essential areas within their homes.
This program was eliminated from the consolidated plan. The City continues to look at programs that can help its very-low income disabled residents, including the Home Access Program.
H-4.H Coordinate with
the San Andreas
Regional Center
The City shall work with the San Andreas Regional
Center to implement an outreach program informing
residents of the housing and services available for persons with developmental disabilities. The City shall make
information available on the City website.
The San Andreas Regional provides services to residents at Villa Esperanza in Gilroy.
H-4.I Zoning
Ordinance
Amendments for
Transitional and
Supportive
Housing
The City shall update the Zoning Ordinance to be fully
compliant with State law and allow transitional and
supportive housing in all zones that allow residential uses, subject to the same restrictions that apply to other
residential uses of the same type in the same zone.
The Zoning Ordinance allows transitional and supportive housing in all residential zoning districts, subject to the same restrictions that apply to other residential uses of the same type in the same zone.
12.1 p. 940 of 947
2015 – 2023 Housing Element Accomplishments
Program
Number Program Name Objective Accomplishments
H-5.A Fair Housing
Counseling
The City shall continue to provide funds to and contract with a non-profit agency to provide fair housing
assistance including landlord/tenant counseling,
homebuyer assistance, and improvement or removal of
identified impediments. The City shall disseminate
information about fair housing assistance through
pamphlets in City-owned buildings and other public
locations (e.g., City Hall, Library, post office, other community facilities) and by posting information on the City website.
The City funds fair housing counseling services through its Housing Trust/PLHA Fund program. It also publishes the
availability of both tenant/landlord counseling and fair housing services via its website.
H-6.A Interagency
Collaboration for
Lower Cost
Housing
The City shall continue participation in Countywide
housing assistance programs, and collaborate with other public agencies and non-profit housing sponsors in the
use of available programs to provide lower-cost housing in Gilroy.
Abode Services provides a direct subsidy to one individual at the Cherry Blossom Apartments, owned by the City, through a partnership with the City and Community Solutions. The City also facilitates TEFRA hearings, as needed, to allow for the development and rehabilitation of affordable housing units throughout the City.
H-6.B Collaboration
with
Development
Community
The City shall continue to establish relationships with and provide technical assistance to both for-profit and nonprofit development companies working in the area of affordable housing, facilitating innovative partnerships and collaborative approaches to affordable housing
development. The City will especially utilize the Housing Advisory Committee to address housing issues and
provide outreach to the development community.
The City continues to establish collaborative relationships with for-profit and non-profit development companies to find innovative approaches to affordable housing development in Gilroy. While the Housing Advisory Committee was
consolidated with the Planning Commission, the City still actively addresses housing issues and provide outreach to the development community.
12.1 p. 941 of 947
2015 – 2023 Housing Element Accomplishments
Program
Number Program Name Objective Accomplishments
H-6.C Community
Access to
Housing
Information
To ensure the Gilroy community is provided the highest
level of access to information, the City shall evaluate the effectiveness of existing outreach and community
education efforts and develop a comprehensive outreach
strategy for the delivery of housing information. The
outreach strategy will consider various methods of
delivery, including print media, mailers, web-based
information, and other methods that consider economic
and cultural considerations unique to the City of Gilroy.
The City's 2040 General Plan, adopted in November 2020, includes goals, policies, and implementation actions regarding outreach and community education efforts including various methods of delivery, such as print media, mailers, web-based information, and other methods that consider economic and cultural considerations unique to the City of Gilroy.
The City of Gilroy, along with the City of Morgan Hill, the California Housing Finance Agency (CalHFA), and program lender Guild Mortgage, hosted an ADU Grant Webinar on
September 29, 2022. Community members expressed
appreciation for the informative webinar, which may lead to more grants for ADUs, and thus more ADU production, in Gilroy.
H-6.D Annual Review
of Housing
Element
Pursuant to HCD Requirements, the City shall conduct an annual implementation review of the Housing Element.
The review will include the following information: a log of new residential development permits and completion
reports; inventory of units built in the Extremely Low-, Very Low- and Low-Income categories, an update or
inventory of approved projects; an annual estimate of
population from the State Department of Finance; and
available vacant land and zoning survey.
The City has submitted Annual Progress Reports from 2015 through 2021 and will submit the 2022 annual report to HCD in March 2023.
12.1 p. 942 of 947
City of Gilroy
STAFF REPORT
Agenda Item Title: Unhoused Camping Ban Near Schools and Critical Infrastructure
Meeting Date: March 20, 2023
From: Jimmy Forbis, City Administrator
Department: Administration
Submitted By: Bryce Atkins, Assistant to the City Administrator Prepared By: Bryce Atkins, Assistant to the City Administrator STRATEGIC PLAN GOALS Not Applicable
RECOMMENDATION
Council provide direction.
BACKGROUND
At the July 5, 2022 City Council Regular Meeting, staff presented a report to the Council regarding the challenges and issues relating to the enforcement of no-camping ordinances. In the report, the legal challenges presented by the 2019 Boise decision was discussed, which restricted the ability of local agencies to enforce ordinances against camping on public property.
The key issue that was presented is the court decision explaining that a municipality cannot criminalize sitting, sleeping, or lying in public “when no sleeping place is practically available in any shelter.” However, there was language that scaled back the breadth, as well as other courts elaborating on the limits, such as:
Naturally, our holding does not cover individuals who do have access to adequate temporary shelter, whether because they have the means to pay for it or because it is realistically available to them for free, but who choose not to use it. Nor do we suggest that a jurisdiction with insufficient shelter can never criminalize the act of sleeping outside. Even where shelter is unavailable, an ordinance prohibiting sitting, lying, or sleeping outside at particular times or in
12.2 p. 943 of 947
Unhoused Camping Ban Near Schools and Critical Infrastructure City of Gilroy City Council Page 2 of 5 March 20, 2023 9 4 particular locations might well be constitutionally permissible [emphasis added].
So, too, might an ordinance barring the obstruction of public rights of way or the erection of certain structures. Whether some other ordinance is consistent with the Eighth Amendment will depend, as here, on whether it punishes a person for lacking the means to live out the "universal and unavoidable consequences of being human" in the way the ordinance prescribes. (Id. at 1136.) Current Policy Restated
At the July 5, 2022 meeting, Council authorized the Gilroy Police Department (“GPD”) to enforce no-camping ordinances on public property if it offers space at a homeless shelter to individuals beforehand and ensures that the particular shelter that it is offering to connect the individual with could accommodate their needs pursuant to The Americans with Disabilities Act (“ADA”). Additionally, Council authorized City personnel to clean and clear encampments in public parks and other public lands in compliance with a written protocol – GPD Police Policy 411 – that provides a number of safeguards required by the Courts, including outreach and notice to occupants, provision of social services, photographic documentation, safeguarding of occupants’ personal property, and the making available of shelter space for displaced occupants.
The City had a meeting on September 12, 2022 where the discussions of the Los Angeles ordinance were conducted. The ordinance, which sought to establish a nocamping ban surrounding daycares and parks, was adopted by the City of Los Angeles but had not yet taken force. At the conclusion of this meeting, staff received direction to bring back key points for a potential ordinance that would prohibit unhoused camping in certain locations:
• Within 500 feet of schools, parks, daycares, playgrounds, and other locations where children are expected.
• In areas with critical infrastructure.
• In locations that would restrict access to public safety or public infrastructure locations.
Additionally, research would be needed concerning the possibility of prohibiting camping in or around creeks, as well as establishing a definition for camping that can be used in crafting the policy.
ANALYSIS
Policy for Consideration
Staff is proposing, as a foundation the following policy language for consideration. The specific final language and how it interacts with other portions of Gilroy City Code and other policies will vary, but the policy points would still be the target. Staff is seeking Council direction on the key provisions, and then staff will complete the analysis, then craft the draft ordinance to bring back to Council for introduction.
12.2 p. 944 of 947
Unhoused Camping Ban Near Schools and Critical Infrastructure City of Gilroy City Council Page 3 of 5 March 20, 2023 9 4 Draft Key Policy Points
Below are the identified key policy components for Council consideration, using a blending of the direction issued by the City Council augmented by the Los Angeles ordinance on minor parts of the policy that were not a component of the direction given.
Staff is asking Council to review these key policy points and provide direction of any changes. Such changes will be incorporated into the draft ordinance for Council introduction at a later meeting. There will also be legal review of the ordinance language which may require further modifications.
No person shall obstruct by sitting, lying, or sleeping, or by storing, using, maintaining, or placing personal property on a street, sidewalk, or other public right-of-way:
(1) In a manner that impedes passage, as provided by the Americans with Disabilities Act of 1990, Pub. L, No. 101-336, 104 Stat. 328 (1990), as amended from time to time;
(2) Within five hundred (500) feet of any school, daycare facility, park, or playground.
This prohibition applies all year, overnight, on any weekends and weekdays, even when such facilities may be generally considered closed.
In consultation with the City Attorney’s Office (CAO), the original direction of adding “other locations where children are expected” was not included. The CAO believes that the language is too broad to survive a legal challenge and may result in the final ordinance being struck down if included. Additionally, if it were to be readded, then some limiting language to the application would help to reduce the risk, such as locations where children are expected to congregate, though it is still at risk of losing a legal challenge.
(3) Within one hundred (100) feet of critical infrastructure or emergency and urgent health and safety resources, including water wells, pump stations, sewer lift stations, water tanks, storm drain inlets and outfalls, police and fire stations, ambulance stations, hospitals and medical clinics, railways, bridges and underand over-passes. (4) Within ten (10) feet of any operational or utilizable building entrance, exit, driveway or loading dock.
(5) Within five (5) feet of any fire hydrant, fire plug, or other fire department connection.
(6) Within the public right-of-way in a manner that obstructs or unreasonably interferes with the use of the right-of-way for any activity for which the City has issued a permit.
12.2 p. 945 of 947
Unhoused Camping Ban Near Schools and Critical Infrastructure City of Gilroy City Council Page 4 of 5 March 20, 2023 9 4 (7) In a manner that obstructs any portion of any street or other public right-of-way open to use by motor vehicles, including any portion thereof marked as a bike lane.
Violations of this policy involving a person who willfully resists, delays, or obstructs a City employee from enforcing this section or who willfully refuses to comply after being requested to do so by an authorized City employee would be subject to the penalties set forth in the Gilroy City code, and will be listed in detail in the upcoming proposed ordinance.
Definition of Camping
Staff commenced the development of a definition of camping, based on common definitions present in municipal codes in various cities. However, the term is not used in the draft policy terms due to concerns raised by the COA that the term “Camp” or “Camping” has been litigated and has repeatedly been deemed too broad or not defined well enough to be upheld in courts. As such, only the physical description of “sitting, lying, or sleeping, or by storing, using, maintaining, or placing personal property” is used to lessen the likelihood of the ordinance being struck down. This is language similar to the recent Los Angeles ordinance. This physical description is still under review and may be revised in the final version.
Continued Development
The proposed policy/ordinance continues to be analyzed and adjusted as the work and analysis proceeds, leading eventually to an ordinance for Council introduction. With any input received by Council of the proposed policy points, staff will then analyze and map the locations of these sites and the prohibited distances, as well as identify the interactions of this proposed ordinance with other parts of the Gilroy City Code, to ensure that the eventual ordinance meets the best intents of this endeavor and is likely to survive challenge based on current litigation in this area of law. As was mentioned at the September 12, 2022 Council meeting, this process is a marathon and not a sprint, though we are making good progress towards a final ordinance.
ALTERNATIVES
Council may provide direction modifying the broad terms of the unhoused camping ordinance. Any such changes will be analyzed for incorporation into the final ordinance.
FISCAL IMPACT/FUNDING SOURCE
There is no fiscal impact for this agenda item. Once direction is received, staff will prepare an ordinance, the cost of which will be absorbed within existing appropriations.
The fiscal impact of the final ordinance, if any, will be analyzed and reported as part of that staff report.
PUBLIC OUTREACH
This topic was discussed at Council meetings on July 5, 2022 and September 12, 2022.
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Unhoused Camping Ban Near Schools and Critical Infrastructure City of Gilroy City Council Page 5 of 5 March 20, 2023 9 4 This item was included on the publicly posted agenda for tonight’s meeting.
NEXT STEPS
Staff will take any direction from Council to incorporate into an ordinance for introduction at a following Council meeting.
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