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04/18/2022 City Council Regular Agenda Packet April 14, 2022 2:10 PM City Council Regular Meeting Agenda Page1 MAYOR Marie Blankley COUNCIL MEMBERS Rebeca Armendariz Dion Bracco Zach Hilton Peter Leroe-Muñoz Carol Marques Fred Tovar CITY COUNCIL AGENDA CITY OF GILROY CITY COUNCIL CHAMBERS, CITY HALL 7351 ROSANNA STREET GILROY, CA 95020 REGULAR MEETING 6:00 P.M. MONDAY, APRIL 18, 2022 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 Due to COVID-19, it is possible that the planned in-person meeting may have to change to a virtual meeting at any time and possibly on short notice. Please check the City of Gilroy website at http://gilroyca.iqm2.com/Citizens/default.aspx for any updates to meeting information. COMMENTS BY THE PUBLIC WILL BE TAKEN ON AGENDA ITEMS BEFORE ACTION IS TAKEN BY THE CITY COUNCIL. Public testimony is subject to reasonable regulations, including but not limited to time restrictions for each individual speaker. Please limit your comments to 3 minutes. The amount of time allowed per speaker may vary at the Mayor’s discretion depending on the number of speakers and length of the agenda. Written comments on any agenda item may be emailed to the City Clerk’s Office at cityclerk@cityofgilroy.org or mailed to the Gilroy City Clerk’s Office at City Hall, 7351 Rosanna Street, Gilroy, CA 95020. Comments received by the City Clerk’s Office by 1 p.m. on the day of a Council meeting will be distributed to the City Council prior to or at the meeting and available for public inspection with the agenda packet located in the lobby of Administration at City Hall, 7351 Rosanna Street prior to the meeting. Any correspondence received will be incorporated into the meeting record. Items received after the 1 p.m. deadline will be provided to the City Council as soon as practicable. Written comments are also available on the City’s Public Records Portal at https://bit.ly/3G1vihU. In compliance with the Americans with Disabilities Act, and Assembly Bill 361, 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. 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 h eld at this meeting, or in written correspondence d elivered to the City Council at, or prior to, the public hearing. Please take notice that the time within which to seek judicial review of any final administrative determination reached at this meeting is governed by Section 1094.6 of the California Code of Civil Procedure. A Closed Session may be called during this meeting pursuant to Government Code Section 54956.9 (d)(2) if a point has been reached where, in the opinion of the legislative body of the City on the advice of its legal counsel, based on existing facts and circumstances, there is a City Council Regular Meeting Agenda 04/18/2022 Page2 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 with the agenda packet on the City website at www.cityofgilroy.org subject to Staff’s ability to post the documents before the meeting. 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 The agenda for this regular meeting is as follows: 1. OPENING 1.1. Call to Order 1. Pledge of Allegiance 2. Invocation 3. City Clerk's Report on Posting the Agenda 4. Roll Call 1.2. Orders of the Day 1.3. Employee Introductions 2. CEREMONIAL ITEMS 2.1. Proclamations, Awards, and Presentations 3. PRESENTATIONS TO THE COUNCIL 3.1. Visit Gilroy / CWC Gilroy 2021 Annual Report 3.2. 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 within the Gilroy City Council’s jurisdiction but not on the agenda. Persons wishing to address the Council are requested to complete a Speaker’s Card located at the entrances and handed to the City Clerk. Speakers are limited to 1 to 3 minutes each, varying at the Mayor’s discretion depending on the number of speakers and length of the 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 comments to address the Council on matters not on this agenda may be e - mailed to the City Clerk’s Office at cityclerk@cityofgilroy.org or mailed to the Gilroy City Clerk’s Office at City Hall, 7351 Rosanna Street, Gilroy, CA 95020. Comments received by the City Clerk’s Office by 1:00pm on the day of a Council City Council Regular Meeting Agenda 04/18/2022 Page3 meeting will be distributed to the City Council prior to or at the meeting and available for public inspection with the agenda packet located in the lobby of Administration at City Hall, 7351 Rosanna Street, prior to the meeting. Any correspondence received will be incorporated into the meeting record. Items received after the 1:00pm deadline will be provided to the City Council as soon as practicable. Written material provided by public members under this section of the agenda will be limited to 10 pages in hard copy. An unlimited amount of material may be provided electronically. City Council Regular Meeting Agenda 04/18/2022 Page4 4. REPORTS OF COUNCIL MEMBERS Council Member Bracco – Gilroy Sister Cities Association (alternate), Santa Clara Co. Library JPA, SCVWD Joint Council-SCRWA-Board Water Resources Committee, South County Regional Wastewater Authority Board, Street Naming Committee Council Member Armendariz – ABAG (Alternate), CalTrain Policy Group, Gilroy Downtown Business Association Board (alternate), Gourmet Alley Ad Hoc Committee, Historic Heritage Committee, Santa Clara Co. Library JPA (altern ate), Santa Clara Valley Habitat Agency Implementation Board, Silicon Valley Clean Energy Authori ty JPA Board (Alternate), Street Naming Committee, VTA Committee for Transit Accessibility (Alternate) Council Member Marques - Gilroy Downtown Business Association Board, Gilroy Gardens Board of Directors, Gourmet Alley Ad Hoc Committee, Historic Heritag e Committee (Alternate), Santa Clara Valley Habitat Agency Governing Board, Santa Clara Valley Habitat Agency Implementation Board, South County Regional Waste water Authority (Alternate) Council Member Hilton – Gilroy Economic Development Partnership, Silicon Valley Clean Energy Authority JPA Board, South County United for Health, Visit Gilroy California Welcome Center Board Council Member Tovar – Economic Development Corporation Board, Gourmet Alley Ad Hoc Committee, Recycling and Waste Reduction Commission, Santa Clara Co. Expressway Plan 2040 Policy Advisory Board, SCVWD Water Commission (alternate), South County Joint Recycled Water Advisory Committee, Sout h County Regional Wastewater Authority Board, Street Naming Committee, South County Youth Task Force Policy Team (alternate), VTA Committee for Transit Accessibility Council Member Leroe-Muñoz - ABAG, CalTrain Policy Group (alternate), Cities Association of Santa Clara County Board of Directors, Economic Development Corporation Board, Gilroy Youth Task Force, SCVWD Water Commission, Silicon Valley Regional Interoperability Authority Board, South County Youth Task Force Policy Team, VTA Mobility Partnership, VTA South County City Group (alternate), VTA Policy Advisory Committee (alternate) Mayor Blankley - Cities Association of Santa Clara Co. Board of Directors (alternate), Gilroy Economic Development Partnership, Gilroy Sister Cities Association, Gilroy Youth Task Force (alternate), Santa Clara Valley Habitat Agency Governing Board, SCVWD Joint Council-SCRWA-Board Water Resources Committee, South County Joint Recycled Water Advisory Committee, South County Regional Wastewater Authority Board, VTA Board of Directors Alternate, VTA Mobility Partnership, VTA Policy Advisory Committee, VTA South County City Group 5. FUTURE COUNCIL INITIATED AGENDA ITEMS 6. CONSENT CALENDAR (ROLL CALL VOTE) All matters listed under the Consent Calendar are considered by the City Council to be routine and will be enacted by one motion. There will be no separate discussion of these items unless a request is made by a member of the City Council or a member of the public. Any person desiring to speak on any item on the consent calend ar should ask to have that item removed from the consent calendar prior to the time the Council votes to approve. If removed, the item will be discussed in the order in which it appears. 6.1. Action Minutes for April 4, 2022 City Council Regular Meeting City Council Regular Meeting Agenda 04/18/2022 Page5 6.2. Approval of the Gilroy Tourism Business Improvement District (GTBID) Annual Report as Submitted by Visit Gilroy/California Welcome Center Gilroy for the Period of January 1, 2021 Through December 31, 2021. 6.3. Approval of the First Amendment to the Agreement for Countywide Household Hazardous Waste Collection Program 6.4. First Amendment to the Solid Waste Disposal Contract for Approval of Alternate Disposal Facilities 6.5. Second Amendment to the Agreement with City of Morgan Hill for Providing Staff Services for Stormwater Pollution Prevention Compliance and Environmental Services 6.6. Claim of Petra Reynoso (The City Administrator recommends a “yes” vote under the Consent Calendar shall constitute the denial of the claim) 6.7. Claim of Jose Manuel Reynoso, Sr. (The City Administrator recommends a “yes” vote under the Consent Calendar shall constitute the denial of the claim) 7. BIDS AND PROPOSALS 7.1. Award a Contract to Norcal Contractor for the Eigleberry and Seventh Parking Lot Project (No. 20-PW-444), and approve a project expenditure of $2,310,000 1. Staff Report: Gary Heap, City Engineer/Transportation Engineer 2. Public Comment 3. Possible Action: a) Adopt a resolution of the City Council of the City of Gilroy amending the Fiscal Year 2021-22 budget to appropriate an additional $810,000 to this project: $300,000 from the fund balance in the Facilities Internal Service Fund (Fund 651); $260,000 from the fund balance in the Capital Projects Fund (Fund 400); and $250,000 in a pavement program reimbursement t ransfer from the Gas Tax Fund (Fund 213) into the Capital Projects Fund (Fund 400), and appropriate its use for the project. b) Award a Contract to Norcal Contractor in the amount of $1,825,485.38 with an additional project contingency of $182,549 (10%), f or a total construction cost of $2,008,034 and $301,966 for costs associated with design, permitting and advertising for a total project cost of $2,310,000 for the Eigleberry and Seventh Parking Lot Project, No. 20-PW-444, and authorize the City Administrator to execute the contract and associated documents. 7.2. Award a Contract to McKim Corporation for the FY22 Citywide Pavement Maintenance Project (No. 22-PW-273), and approve a project expenditure of $4,518,787 City Council Regular Meeting Agenda 04/18/2022 Page6 1. Staff Report: Gary Heap, City Engineer/Transportation Engineer 2. Public Comment 3. Possible Action: a) Adopt a resolution of the City Council of the City of Gilroy amending the budget for the City of Gilroy for Fiscal Year 2021-2022 and appropriating proposed expenditure amendments; and b) Award a Contract to McKim Corporation in the amount of $4,107,988.27 with an additional project contingency of $410,798 (10%), for a total construction cost of $4,518,787 for the FY22 Citywide Pavement Maintenance Project, No. 22-PW-273, and authorize the City Administrator to execute the contract and associated documents. 7.3. Approval of a First Amendment to the Agreement with Honeywell Building Solutions in the Amount of $329,725 to extend the HVAC Maintenance Services Agreement for an additional two years. 1. Staff Report: Walter Dunckel, Facilities Superintendent 2. Public Comment 3. Possible Action: Approve a First Amendment to the Agreement with Honeywell Building Sol utions in the Amount of $329,725 ($140,548 in year four, $146,169 in year five), with a contingency of 15% ($43,008), and authorize the City Administrator to execute the amendment to the agreement and all related documents. 8. PUBLIC HEARINGS 8.1. Tentative Map Application to Subdivide Approximately 2.88 Acres for Build-out of the Palomino Phase II Neighborhood of the Glen Loma Ranch Specific Plan 1. Staff Report: Melissa Durkin, Planner II 2. Disclosure of Ex-Parte Communications 3. Open Public Hearing 4. Close Public Hearing 5. Possible Action: Adopt a resolution approving Tentative Map TM 21-05, subject to certain findings and conditions. 9. UNFINISHED BUSINESS 10. INTRODUCTION OF NEW BUSINESS 10.1. Recreational Vehicle Tow Policy 1. Staff Report: Juan Rocha, Police Captain 2. Public Comment 3. Possible Action: Receive Report City Council Regular Meeting Agenda 04/18/2022 Page7 11. CITY ADMINISTRATOR'S REPORTS 11.1. Grant Application for the 10th Street Bridge 12. CITY ATTORNEY'S REPORTS 13. CLOSED SESSION 13.1. CONFERENCE WITH LABOR NEGOTIATORS - COLLECTIVE BARGAINING UNITS Pursuant to GC Section 54957.6 and GCC Section 17A.11 (4) Collective Bargaining Units: AFSCME Local 101 (General & Supervisory Units) Representing Employees Affiliated with AFSCME, Local 101; Local 2805, IAFF Fire Unit Representing Gilroy Firefighters; Gilroy Management Association Representing Mid-Management Employees; Unrepresented Exempt Employees (Confidential, Department Heads & Council-Appointed); Unrepresented Confidential Non-Exempt Employees; Part-Time/Temporary/Seasonal Employees (Hourly & Exempt) City Negotiators: Jimmy Forbis, City Administrator; LeeAnn McPhillips, Administrative Services & Human Resources Director/Risk Manager Anticipated Issues(s) Under Negotiation: Wages, Hours, Benefits, Working Conditions; Memorandums of Understanding: City of Gilroy and Gilroy Fire Fighters Local 2805, City of Gilroy and AFSCME, Local 101 General & Supervisory Units; City of Gilroy and Gilroy Management Association (GMA) 1. Receive Public Comment on Closed Session Item. 14. 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 GCC Section 17A.13 (a); Public Report of the vote to continue in closed session if required under GCC Section 17A.11 (e) 15. ADJOURNMENT FUTURE MEETING DATES APRIL 2022 25* Special Joint Meeting with Gilroy Unified School District - 6:00 p.m. MAY 2022 2* Regular Meeting - 6:00 p.m. 16* Regular Meeting - 6:00 p.m. JUNE 2022 6* Regular Meeting - 6:00 p.m. 20* Regular Meeting - 6:00 p.m. JULY 2022 5* Regular Meeting - 6:00 p.m. *meeting is webstreamed and televised City Council Regular Meeting Agenda 04/18/2022 Page8 City of Gilroy STAFF REPORT Agenda Item Title: Action Minutes for April 4, 2022 City Council Regular Meeting Meeting Date: April 18, 2022 From: Jimmy Forbis, City Administrator Department: City Clerk Submitted By: Thai Pham Prepared By: Thai Pham Strategic Plan Goals ☐ Develop a Financially Resilient Organization ☐ Ensure Neighborhood Equity from City Services ☐ Promote Economic Development Activities ☐ Promote Safe, Affordable Housing for All ☐ Maintain and Improve City Infrastructure RECOMMENDATION Approve the minutes. Attachments: 1. Draft Action Minutes 6.1 Packet Pg. 9 City Council Regular Meeting Minutes April 4, 2022 Page 1 of 6 City Council Regular Meeting Minutes 04/4/2022 City of Gilroy City Council Meeting Minutes April 4, 2022 1. Call to Order The meeting was called to order at 6:00 PM by Mayor Marie Blankley Attendee Name Title Status Marie Blankley Mayor Present Rebeca Armendáriz Council Member Present Dion Bracco Council Member Present Zach Hilton Council Member Present Peter Leroe-Muñoz Vice Mayor Present Carol Marques Council Member Present Fred Tovar Council Member Present 1.2. City Clerk's Report on Posting the Agenda City Clerk Pham declared the posting of the agenda. 2. CLOSED SESSION Mayor Blankley opened Public Comment. There being no further speakers, Mayor Blankley closed Public Comment. The Council voted 6-0-0-1 to adjourn to closed session with Council Member Armendáriz recusing herself from the subject item. Mayor Blankley adjourned Regular Meeting to Closed Session at 6:02 p.m. 2.1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION. Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) and Paragraph (3) of Subdivision (e) of Government Code Section 54956.9 and Gilroy City Code Section 17A.11 (3) (b) (Two Cases as Defendant based upon claims filed by Jesse Sanchez, Jr. and Daniel Zuniga). No reportable action. 3. ADJOURN TO OPEN SESSION The meeting reconvened at 7:06 pm by Mayor Blankley. Mayor Blankley reported out of Closed Session as shown above. 4. OPENING OF OPEN SESSION 4.1. Call to Order 1. Pledge of Allegiance Vice Mayor Leroe-Munoz led the Pledge of Allegiance. 2. Invocation 6.1.a Packet Pg. 10 Attachment: Draft Action Minutes (3758 : 04/04/2022 City Council Action Minutes) City Council Regular Meeting Minutes April 4, 2022 Page 2 of 6 City Council Regular Meeting Minutes 04/4/2022 Pastor Trevor Van Laar of Gilroy Presbyterian Church led the Invocation. 4.2. Orders of the Day There were none. 4.3. Employee Introductions Police Chief Espinoza introduced Dispatcher Christina Corral. 5. CEREMONIAL ITEMS 5.1. Proclamations, Awards, and Presentations 5.1.1. Proclamation in Support of Ukraine Mayor Blankley read aloud proclamation in Support of Ukraine. 6. PRESENTATIONS TO THE COUNCIL 1. PUBLIC COMMENT BY MEMBERS OF THE PUBLIC ON ITEMS NOT ON THE AGENDA BUT WITHIN THE SUBJECT MATTER JURISDICTION OF THE CITY COUNCIL Mayor Blankley opened the public comment period. The following individuals spoke on items not on the agenda: Alan Espinoza inquired on who to speak on a personal issue with his property. There being no further public comment, Mayor Blankley closed public comment. 7. REPORTS OF COUNCIL MEMBERS Council Member Bracco had no report. Council Member Armendáriz had no report. Council Member Marques had no report. Council Member Hilton reported on Visit Gilroy California Welcome Center Board and Silicon Valley Clean Energy Authority JPA Board. Council Member Tovar thoughts and prayers for the victims and families affected by the Sacramento shooting and reported on the Gourmet Alley Ad Hoc Committee. Vice Mayor Leroe-Muñoz reported he attended an event at Santa Clara University this past afternoon. Mayor Blankley stated that she will be providing State of the City soon. 8. FUTURE COUNCIL INITIATED AGENDA ITEMS Council Member Marques requested for Council to comment on the County of Santa Clara Department of Planning and Development draft Environmental Impact Report on the Sargent Quarry Project by May 2, 2022 City Council meeting. The 6.1.a Packet Pg. 11 Attachment: Draft Action Minutes (3758 : 04/04/2022 City Council Action Minutes) City Council Regular Meeting Minutes April 4, 2022 Page 3 of 6 City Council Regular Meeting Minutes 04/4/2022 item received majority support. Council Member Bracco requested the City Administrator to provide an update with Cohancey Avenue and Monterey Road. 9. CONSENT CALENDAR (ROLL CALL VOTE) RESULT: APPROVE [UNANIMOUS] MOVER: Dion Bracco, Council Member SECONDER: Peter Leroe-Muñoz, Vice Mayor AYES: Blankley, Armendáriz, Bracco, Hilton, Leroe-Muñoz, Marques, Tovar 9.1. Action Minutes for March 21, 2022 City Council Regular Meeting A motion was made to approve the minutes. 9.2. Adopt a Resolution Establishing the City's Pension Funding Policy A motion was made to adopt the Resolution. Enactment No.: Resolution No. 2022-16 9.3. Gilroy Senate Bill 9 Objective Design Standards Policy Update Enactment No.: Resolution No. 2022-17 9.4. Adoption of An Ordinance of the City Council of the City of Gilroy Adding Gilroy City Code Sections 10A.15 Through 10A.18 to Chapter 10A to Create and Enforce a Host Liability for Illegal Fireworks and Illegal Use of Legal Fireworks A motion was made to adopt the Ordinance. Enactment No.: Ordinance No. 2022-03 10. BIDS AND PROPOSALS There were none listed. 11. PUBLIC HEARINGS 11.1. Public Hearing to Establish a List of Properties Subject to the Weed Abatement Program and Adoption of a Resolution Authorizing the Fire Chief to Abate the Nuisance Arising Out of Weeds Growing and Refuse Accumulating Upon Property in the City of Gilroy Pursuant to Section 12.51 of the Gilroy Code Mayor Blankley asked Council Members received any ex-parte communications. There were no ex-parte communications reported. Fire Chief Wyatt and Deputy Fire Marshal Crick provided staff presentation and responded to Council Member questions. Mayor Blankley opened public hearing at 7:26 p.m. There being no speakers, Mayor Blankley closed public hearing at 7:26 p.m. 6.1.a Packet Pg. 12 Attachment: Draft Action Minutes (3758 : 04/04/2022 City Council Action Minutes) City Council Regular Meeting Minutes April 4, 2022 Page 4 of 6 City Council Regular Meeting Minutes 04/4/2022 Possible Action: Adopt a Resolution of the City Council of the City of Gilroy authorizing the Fire Chief to abate the nuisance arising out of weeds growing and refuse accumulating upon property in the City of Gilroy, pursuant to Section 12.51 of the Gilroy City Code. RESULT: APPROVE [UNANIMOUS] MOVER: Fred Tovar, Council Member SECONDER: Zach Hilton, Council Member AYES: Blankley, Armendáriz, Bracco, Hilton, Leroe-Muñoz, Marques, Tovar Enactment No.: Resolution No. 2022-18 12. UNFINISHED BUSINESS 12.1. Appointments to City Boards, Commissions and Committees With Open Vacancies Mayor Blankley opened Public Comment. There being no comments, Mayor Blankley closed public comment. Possible Action: Appoint members to Boards, Commissions and Committees with open vacancies. RESULT: APPOINT SERGIO PATTERSON AS PARKS AND RECREATION COMMISSIONER FOR TERM EXPIRING DECEMBER 31, 2025 MOVER: Rebeca Armendáriz, Council Member SECONDER: Carol Marques, Council Member AYES: Blankley, Armendáriz, Bracco, Hilton, Leroe-Muñoz, Marques, Tovar 13. INTRODUCTION OF NEW BUSINESS 13.1. Proposed Gilroy Police Department Policy for the Use of Military Equipment in Accordance with Assembly Bill 481 Captain Powell gave staff presentation and responded to Coun cil Member questions. Council Member Bracco requested the report to include purchase date of the military equipment. Mayor Blankley opened Public Comment. Ron Kirkish is in full support of the Police Department using military equipment. There being no further comments, Mayor Blankley closed public comment. 6.1.a Packet Pg. 13 Attachment: Draft Action Minutes (3758 : 04/04/2022 City Council Action Minutes) City Council Regular Meeting Minutes April 4, 2022 Page 5 of 6 City Council Regular Meeting Minutes 04/4/2022 Possible Action: Council review and provide feedback concerning the Military Equipment Use Policy pursuant to Assembly Bill 481. 14. CITY ADMINISTRATOR'S REPORTS 14.1. Pickleball Update City Administrator Forbis provided a staff presentation on this item. 14.2. 2021 Tree City City Administrator Forbis provided a staff presentation on this item. 14.3. 2022 Valley Water Rate Adjustment City Administrator Forbis provided a staff presentation on this item. 15. CITY ATTORNEY'S REPORTS None provided. 16. CLOSED SESSION Mayor Blankley opened Public Comment. There being no speakers, Mayor Blankley closed Public Comment. Mayor Blankley adjourned Regular Meeting to Closed Session at 7:56 p.m. The City Council convened in Closed Session at 8:05 p.m. The Council unanimously voted to stay in closed session. 16.1. CONFERENCE WITH LABOR NEGOTIATORS - COLLECTIVE BARGAINING UNITS Pursuant to GC Section 54957.6 and GCC Section 17A.11 (4) Collective Bargaining Units: AFSCME Local 101 (General & Supervisory Units) Representing Employees Affiliated with AFSCME, Local 101; Local 2805, IAFF Fire Unit Representing Gilroy Firefighters; Gilroy Management Association Representing Mid-Management Employees; Unrepresented Exempt Employees (Confidential, Department Heads & Council- Appointed); Unrepresented Confidential Non-Exempt Employees; Part- Time/Temporary/Seasonal Employees (Hourly & Exempt) City Negotiators: Jimmy Forbis, City Administrator; LeeAnn McPhillips, Administrative Services & Human Resources Director/Risk Manager Anticipated Issues(s) Under Negotiation: Wages, Hours, Benefits, Working Conditions; Memorandums of Understanding: City of Gilroy and Gilroy Fire Fighters Local 2805, City of Gilroy and AFSCME, Local 101 General & Supervisory Units; City of Gilroy and Gilroy Management Association (GMA) No reportable action. 17. ADJOURN TO OPEN SESSION Mayor Blankley reported out of Closed Session as shown above. 6.1.a Packet Pg. 14 Attachment: Draft Action Minutes (3758 : 04/04/2022 City Council Action Minutes) City Council Regular Meeting Minutes April 4, 2022 Page 6 of 6 City Council Regular Meeting Minutes 04/4/2022 18. ADJOURNMENT The meeting was adjourned at 8:30 P.M. by Mayor Blankley. I HEREBY CERTIFY that the foregoing minutes were duly and regularly adopted at a regular meeting of the City Council of the City of Gilroy. /s/ Thai Pham, CMC, CPMC City Clerk 6.1.a Packet Pg. 15 Attachment: Draft Action Minutes (3758 : 04/04/2022 City Council Action Minutes) City of Gilroy STAFF REPORT Agenda Item Title: Approval of the Gilroy Tourism Business Improvement District (GTBID) Annual Report as Submitted by Visit Gilroy/California Welcome Center Gilroy for the Period of January 1, 2021 Through December 31, 2021. Meeting Date: April 18, 2022 From: Jimmy Forbis, City Administrator Department: Administration Submitted By: Jimmy Forbis Prepared By: Jimmy Forbis Strategic Plan Goals ☐ Develop a Financially Resilient Organization ☐ Ensure Neighborhood Equity from City Services  Promote Economic Development Activities ☐ Promote Safe, Affordable Housing for All ☐ Maintain and Improve City Infrastructure RECOMMENDATION Approve the Gilroy Tourism Business Improvement District (GTBID) annual report as submitted by Visit Gilroy/California Welcome Center Gilroy for the period of January 1, 2021 through December 31, 2021. BACKGROUND Visit Gilroy/California Welcome Center Gilroy Board of Directors representing the Gilroy Tourism Business Improvement District (GTBID) has submitted the attached report pursuant to Section 36650 of the Street and Highway Code. Effective in 2013, GTBID provides a steady and dedicated funding source to the GWC through an assessment levied on lodging businesses within the GTBID boundaries. The assessment revenue provides dedicated sales within the GTBID's boundaries. 6.2 Packet Pg. 16 FISCAL IMPACT This item has no fiscal impact, it is simply a report. Regardless, since the inception of the TBID in 2013, the TBID has contributed in part to the generation of more than $8 million in transient occupancy tax to the City of Gilroy. Attachments: 1. Visit Gilroy GTBID 2020 Annual Report - 4-18-22 2. GTBID Report - 4-18-22 Assessed Lodging Businesses 3. TBID P&L Dec 2021 - 4-18-22 6.2 Packet Pg. 17 To: Gilroy City Council From: Gilroy Visitors Bureau, dba Visit Gilroy Board of Directors representing Gilroy Tourism Business Improvement District (GTBID) Date: April 18, 2022 Subject: Gilroy Tourism Business Improvement District (GTBID) Report for January 1, 2021 – December 31, 2021 Pursuant to Section 36650 of the Street and Highway Code, the Gilroy Tourism Business Improvement District (GTBID) is submitting the following report to the Gilroy City Council for approval and to be filed with the City Clerk. The Management District Plan identifies the Gilroy Visitors Bureau, dba Visit Gilroy Board of Directors to serve as the Owner’s Association for GTBID. The Owner’s Association serves as a private, nonprofit entity that administers and implements the improvements, services, and activities of GTBID as specified in the Management District Plan. Items 1 – 7 as identified in the Management District Plan Reporting Requirements: 1. Proposed changes in the boundaries, benefit zones or classification of business of GTBID None. 2. Services, improvements, and activities provided for the period January 1, 2021 – December 31, 2021 Public relations, print ads, google adwords, social media campaigns, online marketing, trade shows, website support, research and google analytics 3. Cost of providing the services for this reporting period Advertising and Marketing - $154,357 Administration - $45,589 City Collection Fee - $5,915 Reserve/Renewal - $1,250 Total Amount - $207,111 4. Any proposed changes to basis and method of levying the assessments None. The GTBID annual assessment rate is 2% of Taxable Rates, as stated on the City’s Quarterly Transient Occupancy Tax Reporting Form. 6.2.a Packet Pg. 18 Attachment: Visit Gilroy GTBID 2020 Annual Report - 4-18-22 (3747 : TBID Annual Report) 5. Method and basis of levying assessments collected for the reporting period The city receives the assessment revenue along with the quarterly TOT collections from each business located in the boundaries of the GTBID. The city then forwards the assessments to Gilroy Visitors Bureau, dba Visit Gilroy to manage and implement the GTBID programs. 6. Amount of any surplus revenues to be carried over from reporting period $88,640 7. Amount of any contributions to be made from sources other than the assessments levied None. Additional information provided in this report: ** Reminder - Governor lifted travel restrictions – 6/15/21 2021 Strategic Marketing Plan Results ***2021 goals = 2019 actual less 25% per Visit California recommendations o Goal: Visit Gilroy Website Pageviews – 122,239; Actual – 249,584 (percentage to goal – 204%) o Goal: Visit Gilroy Unique Website Users – 64, 304; Actual – 137,930 (percentage to goal – 214%) o Goal: Visit Gilroy Website Hotel Pageviews – 1,737; Actual – 15,792 (percentage to goal – 909%) o Goal: Visit Gilroy Website Collateral Download Pages – 1,749; Actual – 3,577 (percentage to goal – 205%) o Goal: Continue to collaborate and partner with state and regional organizations: 25 submissions to Visit California & 16 submissions to CCTC. GTBID Business Assessees Listing Current list of lodging businesses within the district attached. 6.2.a Packet Pg. 19 Attachment: Visit Gilroy GTBID 2020 Annual Report - 4-18-22 (3747 : TBID Annual Report) Gilroy Tourism Business Improvement District (GTBID) Business Assessees Listing Hotel Address Days Inn 8292 Murray Avenue Gilroy, CA 95020 Best Western Plus/Forest Park Inn 375 Leavesley Road Gilroy, CA 95020 Budget Motels/Whiterock 8897 Monterey Road Gilroy, CA 95020 Garlic Farm Inn 5920 Travel Park Circle Gilroy, CA 95020 Gilroy Inn 611 Leavesley Road Gilroy, CA 95020 Hilton Garden Inn 6070 Monterey Road Gilroy, CA 95020 Kings Rest Motel 8175 Monterey Road Gilroy, CA 95020 Motel 6 6110 Monterey Road Gilroy, CA 95020 Travel Inn 5530 Monterey Road Gilroy, CA 95020 Oaks Motel 8065 Monterey Road Gilroy, CA 95020 Hampton Inn & Suites 5975 Travel Park Circle Gilroy, CA 95020 Quality Inn & Suites 8430 Murray Avenue Gilroy, CA 95020 Econolodge 360 Leavesley Road Gilroy, CA 95020 Super 8 8435 San Ysidro Avenue Gilroy, CA 95020 6.2.b Packet Pg. 20 Attachment: GTBID Report - 4-18-22 Assessed Lodging Businesses (3747 : TBID Annual Report) 3:39 PM 01/12/22 Accrual Basis Gilroy Visitors Bureau dba Visit Gilroy P & L Budget Performance - TBID December 2021AnnualDec 21 Budget % of Budget Jan - Dec 21 Budget % of Budget BudgetOrdinary Income/ExpenseIncome80000 ꞏ TBID Income68,308.74 57,500.00 118.8% 295,751.00 230,000.00 128.59% 230,000.00Total Income68,308.74 57,500.00 118.8% 295,751.00 230,000.00 128.59% 230,000.00Gross Profit68,308.74 57,500.00 118.8% 295,751.00 230,000.00 128.59% 230,000.00Expense97010 ꞏ TBID Personnel/Administration97011 ꞏ TBID Executive Director3,379.73 2,805.00 120.49% 39,538.64 33,660.00 117.47% 33,660.0097014 ꞏ P/R Taxes & Simple IRA258.55 308.34 83.85% 2,838.84 3,700.00 76.73% 3,700.0097015 ꞏ Workers Compensation Ins29.87 33.34 89.59% 360.38 400.00 90.1% 400.0097019 ꞏ Auto/Mileage Expense17.92 112.50 15.93% 17.92 1,350.00 1.33% 1,350.0097016 ꞏ Accounting/Legal Expenses85.00 183.34 46.36% 2,125.00 2,200.00 96.59% 2,200.0097017 ꞏ Office Supplies64.20 100.00 64.2% 654.82 1,200.00 54.57% 1,200.0097018 ꞏ Miscellaneous Expenses5.31 20.84 25.48% 53.04 250.00 21.22% 250.00Total 97010 ꞏ TBID Personnel/Administration3,840.58 3,563.36 107.78% 45,588.64 42,760.00 106.62% 42,760.0097020 ꞏ TBID Collection Costs/City of G1,366.17 1,250.00 109.29% 5,915.00 5,000.00 118.3% 5,000.0097030 ꞏ TBID Reserve625.00 1,250.00 50.0% 1,250.00 5,000.00 25.0% 5,000.0097040 ꞏ TBID Advertising/Marketing97056 ꞏ Tourism Coordinator1,900.00 2,166.66 87.69% 7,687.50 26,000.00 29.57% 26,000.0097041 ꞏ Public Relations1,276.87 1,000.00 127.69% 17,655.07 12,000.00 147.13% 12,000.0097043 ꞏ Social Media/SEO Mgmt/Website3,402.72 3,500.00 97.22% 40,167.32 42,000.00 95.64% 42,000.0097044 ꞏ Collateral0.00 333.34 0.0% 1,344.40 4,000.00 33.61% 4,000.0097045 ꞏ Opportunistic0.00 0.00 0.0% 0.00 0.00 0.0%97046 ꞏ Advertising6,410.91 3,815.00 168.05% 62,386.03 45,780.00 136.27% 45,780.0097047 ꞏ Research & Measurement0.00 416.66 0.0% 1,600.00 5,000.00 32.0% 5,000.0097048 ꞏ Marketing Services1,787.62 750.00 238.35% 10,619.78 9,000.00 118.0% 9,000.0097050 ꞏ Postage-VG Fullfillment Request18.13 333.34 5.44% 1,347.31 4,000.00 33.68% 4,000.0097052 ꞏ Conferences & Travel0.00 200.00 0.0% 1,955.94 2,400.00 81.5% 2,400.0097054 ꞏ Website Depreciation0.00 566.66 0.0% 3,203.62 6,800.00 47.11% 6,800.0097057 ꞏ Payroll Taxes145.36 238.34 60.99% 709.61 2,860.00 24.81% 2,860.0097058 ꞏ Health Insurance0.00 200.00 0.0% 0.00 2,400.00 0.0% 2,400.0097059 ꞏ Sales & Event Marketing0.00 1,250.00 0.0% 5,680.58 15,000.00 37.87% 15,000.00Total 97040 ꞏ TBID Advertising/Marketing14,941.61 14,770.00 101.16% 154,357.16 177,240.00 87.09% 177,240.00Total Expense20,773.36 20,833.36 99.71% 207,110.80 230,000.00 90.05% 230,000.00Net Ordinary Income47,535.38 36,666.64 129.64% 88,640.20 0.00 100.0% 0.00Net Income 47,535.38 36,666.64 129.64% 88,640.20 0.00 100.0% 0.00 Page 1 of 1 For management purposes only.6.2.cPacket Pg. 21Attachment: TBID P&L Dec 2021 - 4-18-22 (3747 : TBID Annual Report) City of Gilroy STAFF REPORT Agenda Item Title: Approval of the First Amendment to the Agreement for Countywide Household Hazardous Waste Collection Program Meeting Date: April 18, 2022 From: Jimmy Forbis, City Administrator Department: Administration Submitted By: Jimmy Forbis Prepared By: Bryce Atkins Strategic Plan Goals ☐ Develop a Financially Resilient Organization ☐ Ensure Neighborhood Equity from City Services ☐ Promote Economic Development Activities ☐ Promote Safe, Affordable Housing for All ☐ Maintain and Improve City Infrastructure RECOMMENDATION Council approve the First Amendment to the Agreement for Countywide Household Hazardous Waste Collection Program and authorize the City Administrator to execute the amendment. BACKGROUND At the May 3, 2021 City Council Regular Meeting, the Council authorized the City Administrator to execute the most recent three-year Countywide HHW Collection Program Agreement (attached). Because this agreement includes the HHW collection schedule for the year and an annual augmentation amount elected by the City, it requires an annual amendment. The sole purpose of this item is to approve the City’s execution of the First Amendment to the Countywide HHW Collection Program Agreement with the FY 2022-23 schedule and updated augmentation amount. 6.3 Packet Pg. 22 For over 20 years, Santa Clara County has collected a fee to offset each jurisdiction’s solid waste management and HHW management expenses. The Countywide AB 939 Fee is collected at waste transfer and disposal facilities by facility operators and has two components. The first component is a Program Fee of $1.50 per ton which is charged to assist in funding integrated waste management activities. The second component is the HHW Fee of $2.60 per ton which is held by the County and used to directly offset HHW Collection Program costs associated with the use of the program by each jurisdiction’s residents. The HHW Collection Program provides City residents with the opportunity to participate in several HHW collection events each month, held at a permanent collection center in San Martin. ANALYSIS The Countywide HHW Collection Program Agreement includes a base assumption that 4% of each jurisdiction’s households will participate in the program annually. Ty pically, Gilroy resident participation in the HHW Collection Program has been more than 4%, therefore an augmentation to the 4% base assumption must be specified. For 2022 -23, an augmentation of $31,542 is recommended by the County to ensure that all Gilroy residents desiring to participate in the program will be allowed to do so. ALTERNATIVES The Council could decide to not approve the Amendment and direct staff to further evaluate the provision of these services and the recommended augmentation amount. This is not recommended. FISCAL IMPACT/FUNDING SOURCE $31,542 from Discretionary Fund proceeds, managed by the County. The Discretionary Fund is the balance of AB 939 HHW Fees collected after covering the cost of providing HHW Collection Program services to 4% of Gilroy households. The augmentation is the amount the City agrees to pay to the County for participation beyond 4%, paid from the Discretionary Fund held by the County. For FY 2022-23, the County recommended augmentation amount for Gilroy is $31,542 to cover the cost of anticipated program participation beyond the 4%. Under the Countywide HHW Collection Program Agreement, the County may use the Discretionary Fund to offset the cost of the HHW Collection Program, and any HHW Fee revenues remaining in the City’s credit with the County at the end of the fiscal year will be refunded to the City for use in promoting the program or to support HHW management costs. Gilroy Discretionary Funds are typically far greater than the recommended augmentation amount, therefore the City receives a refund each year for HHW Fees. If participation in the HHW Collection Program exceeds expectations, staff will return to the Council to request an additional augmentation and appropriation from the credit the City will have with the County. 6.3 Packet Pg. 23 Attachments: 1. First Amendment to Agreement for Countywide HHW Collection 2. HHW Agreement (2021) 6.3 Packet Pg. 24 FIRST AMENDMENT TO THE AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM The Agreement for Countywide Household Hazardous Waste Collection Program (AGREEMENT) by and between the City of Gilroy (CITY) and the County of Santa Clara (COUNTY) previously entered into on June 17, 2021, is hereby amended as set forth below. The COUNTY and the CITY agree that: 1.Section 16. ADDITIONAL SERVICES UNDER THIS AGREEMENT is amended in full to read: 16.ADDITIONAL SERVICES UNDER THIS AGREEMENT CITY must augment funding provided under this Agreement to cover the cost of a minimum participation level of 4% of CITY households; CITY may also elect to augment funding to provide additional services to increase CITY participation beyond the 4% minimum participation level. Additional services shall be made available upon written agreement between the CITY’s authorized representative and the County Executive Officer or designee. Additional services may include, but are not limited to, additional appointments (charged at the Variable Cost Per Car rate), door-to-door HHW collection, used oil filter collection, universal waste collection, electronic waste collection, and abandoned waste collection. CITY agrees to augment up to an additional $23,027 to the Countywide HHW Program during Fiscal Year 2022 for the purpose of attaining or increasing CITY household participation above the 4% minimum participation level at the scheduled collection dates listed in Attachment C, attached hereto and incorporated herein. Augmentation will be calculated, where applicable, at the Variable Cost Per Car rate. Other services will be charged based on a cost recovery basis. CITY authorizes the COUNTY to use CITY’S Available Discretionary Funding portion of the AB939 HHW Fee, if available, to offset the above agreed additional augmentation amount. CITY agrees to augment up to an additional $_________ to the Countywide HHW Program during Fiscal Year 2023 for the purpose of attaining or increasing CITY household participation above the 4% minimum participation level at the scheduled collection dates listed in Attachment C-1, attached hereto and incorporated herein. Augmentation will be calculated, where applicable, at the Variable Cost Per Car rate. Other services will be charged based on a cost recovery basis. CITY authorizes the COUNTY to use CITY’S Available Discretionary Funding portion of the AB939 HHW Fee, if available, to offset the above agreed additional augmentation amount. 31,542 6.3.a Packet Pg. 25 Attachment: First Amendment to Agreement for Countywide HHW Collection (3725 : Household Hazardous Waste Augmentation Amendment At the end of each fiscal year, a final annual cost statement shall be prepared by COUNTY and issued to CITY by November 30th. The annual cost statement will take into consideration costs incurred on behalf of CITY for additional services and all payments made by CITY to COUNTY. If any balance is owed to COUNTY, it will be due within 30 days following receipt of the annual cost statement. If any credit is owed to CITY, COUNTY will refund that amount to CITY within 30 days following delivery of the annual cost statement. 2.Attachment C-1 “HHW Schedule For Collection Events for Fiscal Year 2022/2023” attached hereto and incorporated herein by this reference is hereby added to the AGREEMENT. Except as provided herein, all terms and conditions of the AGREEMENT shall remain in full force and effect. IN WITNESS WHEREOF, COUNTY and CITY, through their duly authorized representatives, have entered into this First Amendment to the AGREEMENT on the last date shown below: COUNTY OF SANTA CLARA CITY OF GILROY Signature: Signature: Jeffery V. Smith County Executive Date: APPROVED AS TO FORM AND LEGALITY Willie Nguyen Deputy County Counsel Date: Jimmy Forbis City Administrator Date: _______________________ 6.3.a Packet Pg. 26 Attachment: First Amendment to Agreement for Countywide HHW Collection (3725 : Household Hazardous Waste Augmentation Amendment ATTACHMENT C-1: HHW SCHEDULE OF PERMANENT & TEMPORARY COLLECTION EVENTS FOR FISCAL YEAR 2022-2023* 2022/Month Day Date Location Type of Event County Holidays/ Notes July Fri 1 San Jose Permanent Saturday 2 No Event No Event 4th OF JULY WEEK Wed,Thurs,Fri,Sat 6,7,8,9 San Jose Permanent Fri,Sat 8,9 San Martin Permanent Thurs,Fri 14,15 San Jose Permanent Saturday 16 Sunnyvale Temporary TBD Wed,Thurs,Fri,Sat 20,21,22,23 San Jose Permanent Thurs,Fri,Sat 28,29,30 San Jose Permanent August Wed,Thurs,Fri,Sat 3,4,5,6 San Jose Permanent Fri,Sat 5,6 San Martin Permanent Thurs,Fri 11,12 San Jose Permanent Saturday 13 Mountain View Temporary TBD Wed,Thurs,Fri,Sat 17,18,19,20 San Jose Permanent Thurs,Fri,Sat 25,26,27 San Jose Permanent Wed 31 San Jose Permanent September Thurs,Fri 1,2 San Jose Permanent Saturday 3 No Event No Event LABOR DAY WEEKEND Thurs,Fri,Sat 8,9,10 San Jose Permanent Fri,Sat 9,10 San Martin Permanent Wed,Thurs,Fri 14,15,16 San Jose Permanent Saturday 17 Santa Clara Temporary TBD Thurs,Fri,Sat 22,23,24 San Jose Permanent Thurs,Fri 29,30 San Jose Permanent October Sat 1 San Jose Permanent Wed,Thurs,Fri,Sat 5,6,7,8 San Jose Permanent Fri,Sat 7,8 San Martin Permanent Thurs,Fri 13,14 San Jose Permanent Saturday 15 Sunnyvale Temporary TBD Wed,Thurs,Fri,Sat 19,20,21,22 San Jose Permanent Thurs,Fri,Sat 27,28,29 San Jose Permanent November Wed,Thurs,Fri,Sat 2,3,4,5 San Jose Permanent Fri, Sat 4,5 San Martin Permanent Wed, Thurs 9,10 San Jose Permanent Fri 11 No Event No Event VETERANS DAY Saturday 12 San Jose Permanent Wed,Thurs,Fri,Sat 16,17,18,19 San Jose Permanent Wednesday 23 San Jose Permanent Thurs,Fri,Sat 24,25,26 No Event No Event THANKSGIVING Wed 30 San Jose Permanent December Thurs,Fri,Sat 1,2,3,San Jose Permanent Fri, Sat 2,3 San Martin Permanent Wed,Thurs,Fri,Sat 7,8,9,10 San Jose Permanent Thurs,Fri,Sat 15,16,17 San Jose Permanent Wed,Thurs 21,22 San Jose Permanent Fri,Sat 23,24 No Event No Event CHRISTMAS Wed,Thurs 28,29 San Jose Permanent Fri,Sat 30,31 No Event No Event NEW YEAR'S DAY *SUBJECT TO CHANGE HHW SCHEDULE FOR FISCAL YEAR 2022/2023* 6.3.a Packet Pg. 27 Attachment: First Amendment to Agreement for Countywide HHW Collection (3725 : Household Hazardous Waste Augmentation Amendment ATTACHMENT C-1: HHW SCHEDULE OF PERMANENT & TEMPORARY COLLECTION EVENTS FOR FISCAL YEAR 2022-2023* (Continued) 2023/Month Day Date Location Type of Event County Holidays/ Notes January Thurs,Fri,Sat 5,6,7 San Jose Permanent Fri, Sat 6,7 San Martin Permanent Wed,Thurs,Fri 11,12,13 San Jose Permanent Saturday 14 Sunnyvale Temporary TBD Wed,Thurs,Fri,Sat 18,19,20,21 San Jose Permanent Thurs,Fri 26,27 San Jose Permanent Saturday 28 Santa Clara Temporary TBD February Wed,Thurs,Fri,Sat 1,2,3,4 San Jose Permanent Fri, Sat 3,4 San Martin Permanent Thurs,Fri,Sat 9,10,11 San Jose Permanent Wed,Thurs,Fri,Sat 15,16,17,18 San Jose Permanent Thurs,Fri,Sat 23,24,25 San Jose Permanent March Wed,Thurs,Fri,Sat 1,2,3,4 San Jose Permanent Fri, Sat 3,4 San Martin Permanent Thurs,Fri,Sat 9,10,11 San Jose Permanent Wed,Thurs,Fri,Sat 15,16,17,18 San Jose Permanent Thurs,Fri,Sat 23,24,25 San Jose Permanent Wed,Thurs,Fri 29,30,31 San Jose Permanent April Sat 1 San Jose Permanent Wed,Thurs,Fri,Sat 5,6,7,8 San Jose Permanent Fri, Sat 7,8 San Martin Permanent Thurs,Fri 13,14 San Jose Permanent Saturday 15 Sunnyvale Temporary TBD Wed,Thurs,Fri 19,20,21 San Jose Permanent Saturday 22 Los Altos Temporary TBD Thurs,Fri 27,28 San Jose Permanent Saturday 29 Santa Clara Temporary TBD May Wed,Thurs,Fri,Sat 3,4,5,6 San Jose Permanent Fri, Sat 5,6 San Martin Permanent Thurs,Fri,Sat 11,12,13 San Jose Permanent Wed,Thurs,Fri,Sat 17,18,19,20 San Jose Permanent Wed,Thurs,Fri 24,25,26 San Jose Permanent Saturday 27 No Event No Event MEMORIAL DAY WEEKEND June Thurs,Fri,Sat 1,2,3 San Jose Permanent Fri, Sat 2,3 San Martin Permanent Thurs,Fri 8,9 San Jose Permanent Saturday 10 Milpitas Temporary TBD Wed,Thurs,Fri,Sat 14,15,16,17 San Jose Permanent Thurs,Fri,Sat 22,23,24 San Jose Permanent Wed,Thurs,Fri 28,29,30 San Jose Permanent *SUBJECT TO CHANGE HHW SCHEDULE FOR FISCAL YEAR 2022/2023-continued* 6.3.a Packet Pg. 28 Attachment: First Amendment to Agreement for Countywide HHW Collection (3725 : Household Hazardous Waste Augmentation Amendment 6.3.b Packet Pg. 29 Attachment: HHW Agreement (2021) (3725 : Household Hazardous Waste Augmentation Amendment 2022) 6.3.b Packet Pg. 30 Attachment: HHW Agreement (2021) (3725 : Household Hazardous Waste Augmentation Amendment 2022) 6.3.b Packet Pg. 31 Attachment: HHW Agreement (2021) (3725 : Household Hazardous Waste Augmentation Amendment 2022) 6.3.b Packet Pg. 32 Attachment: HHW Agreement (2021) (3725 : Household Hazardous Waste Augmentation Amendment 2022) 6.3.b Packet Pg. 33 Attachment: HHW Agreement (2021) (3725 : Household Hazardous Waste Augmentation Amendment 2022) 6.3.b Packet Pg. 34 Attachment: HHW Agreement (2021) (3725 : Household Hazardous Waste Augmentation Amendment 2022) 6.3.b Packet Pg. 35 Attachment: HHW Agreement (2021) (3725 : Household Hazardous Waste Augmentation Amendment 2022) 6.3.b Packet Pg. 36 Attachment: HHW Agreement (2021) (3725 : Household Hazardous Waste Augmentation Amendment 2022) 6.3.b Packet Pg. 37 Attachment: HHW Agreement (2021) (3725 : Household Hazardous Waste Augmentation Amendment 2022) 6.3.b Packet Pg. 38 Attachment: HHW Agreement (2021) (3725 : Household Hazardous Waste Augmentation Amendment 2022) 6.3.b Packet Pg. 39 Attachment: HHW Agreement (2021) (3725 : Household Hazardous Waste Augmentation Amendment 2022) 6.3.b Packet Pg. 40 Attachment: HHW Agreement (2021) (3725 : Household Hazardous Waste Augmentation Amendment 2022) 6.3.b Packet Pg. 41 Attachment: HHW Agreement (2021) (3725 : Household Hazardous Waste Augmentation Amendment 2022) 6.3.b Packet Pg. 42 Attachment: HHW Agreement (2021) (3725 : Household Hazardous Waste Augmentation Amendment 2022) 6.3.b Packet Pg. 43 Attachment: HHW Agreement (2021) (3725 : Household Hazardous Waste Augmentation Amendment 2022) 6.3.b Packet Pg. 44 Attachment: HHW Agreement (2021) (3725 : Household Hazardous Waste Augmentation Amendment 2022) 6.3.b Packet Pg. 45 Attachment: HHW Agreement (2021) (3725 : Household Hazardous Waste Augmentation Amendment 2022) 6.3.b Packet Pg. 46 Attachment: HHW Agreement (2021) (3725 : Household Hazardous Waste Augmentation Amendment 2022) 6.3.b Packet Pg. 47 Attachment: HHW Agreement (2021) (3725 : Household Hazardous Waste Augmentation Amendment 2022) 6.3.b Packet Pg. 48 Attachment: HHW Agreement (2021) (3725 : Household Hazardous Waste Augmentation Amendment 2022) 6.3.b Packet Pg. 49 Attachment: HHW Agreement (2021) (3725 : Household Hazardous Waste Augmentation Amendment 2022) EXHIBIT B-2D (revised) INSURANCE REQUIREMENTS FOR ENVIRONMENTAL SERVICES CONTRACTS (Hazardous Waste Disposal, Remediation Services, Environmental Consulting, etc.) Indemnity The Contractor shall indemnify, defend, and hold harmless the County of Santa Clara (hereinafter "County"), its officers, agents and employees from any claim, liability, loss, injury or damage arising out of, or in connection with, performance of this Agreement by Contractor and/or its agents, employees or sub-contractors, excepting only loss, injury or damage caused by the sole negligence or willful misconduct of personnel employed by the County. It is the intent of the parties to this Agreement to provide the broadest possible coverage for the County. The Contractor shall reimburse the County for all costs, attorneys' fees, expenses and liabilities incurred with respect to any litigation in which the Contractor contests its obligation to indemnify, defend and/or hold harmless the County under this Agreement and does not prevail in that contest. Insurance Without limiting the Contractor's indemnification of the County, the Contractor shall provide and maintain at its own expense, during the term of this Agreement, or as may be further required herein, the following insurance coverages and provisions: A. Evidence of Coverage Prior to commencement of this Agreement, the Contractor shall provide a Certificate of Insurance certifying that coverage as required herein has been obtained. Individual endorsements executed by the insurance carrier shall accompany the certificate. In addition, a certified copy of the policy or policies shall be provided by the Contractor upon request. This verification of coverage shall be sent to the requesting County department, unless otherwise directed. The Contractor shall not receive a Notice to Proceed with the work under the Agreement until it has obtained all insurance required and such insurance has been approved by the County. This approval of insurance shall neither relieve nor decrease the liability of the Contractor. B. Qualifying Insurers All coverages, except surety, shall be issued by companies which hold a current policy holder's alphabetic and financial size category rating of not less than A- V, according to the current Best's Key Rating Guide or a company of equal financial stability that is approved by the County's Insurance Manager. 6.3.b Packet Pg. 50 Attachment: HHW Agreement (2021) (3725 : Household Hazardous Waste Augmentation Amendment 2022) EXHIBIT B-2D (revised) C. Notice of Cancellation All coverage as required herein shall not be canceled or changed so as to no longer meet the specified County insurance requirements without 30 days' prior written notice of such cancellation or change being delivered to the County of Santa Clara or their designated agent. D. Insurance Required 1. Commercial General Liability Insurance - for bodily injury (including death) and property damage which provides limits as follows: a. Each occurrence - $1,000,000 b. General aggregate - $2,000,000 c. Products/Completed Operations aggregate - $2,000,000 d. Personal Injury - $1,000,000 2. General liability coverage shall include: a. Premises and Operations b. Products/Completed c. Personal Injury liability d. Severability of interest 3. General liability coverage shall include the following endorsement, a copy of which shall be provided to the County: Additional Insured Endorsement, which shall read: the County of Santa Clara, and the officers, agents, and employees of the County of Santa Clara, individually and collectively, as additional ins Insurance afforded by the additional insured endorsement shall apply as primary insurance, and other insurance maintained by the County of Santa Clara, its officers, agents, and employees shall be excess only and not contributing with insurance provided under this policy. Public Entities may also be added to the 6.3.b Packet Pg. 51 Attachment: HHW Agreement (2021) (3725 : Household Hazardous Waste Augmentation Amendment 2022) EXHIBIT B-2D (revised) additional insured endorsement as applicable and the contractor shall be notified by the contracting department of these requirements. 4. Automobile Liability Insurance For bodily injury (including death) and property damage which provides total limits of not less than one million dollars ($1,000,000) combined single limit per occurrence applicable to all owned, non-owned and hired vehicles. Coverage shall include Environmental Impairment Liability Endorsement MCS90 for contracts requiring the transportation of hazardous materials/wastes. 4a. Aircraft/Watercraft Liability Insurance (Required if Contractor or any of its agents or subcontractors will operate aircraft or watercraft in the scope of the Agreement) For bodily injury (including death) and property damage which provides total limits of not less than one million dollars ($1,000,000) combined single limit per occurrence applicable to all owned, non-owned and hired aircraft/watercraft. 5. Workers' Compensation and Employer's Liability Insurance a. Statutory California Workers' Compensation coverage including broad form all-states coverage. b. Employer's Liability coverage for not less than one million dollars ($1,000,000) per occurrence. 6. Contractors Pollution Liability Insurance Coverage shall provide a minimum of not less than five million dollars ($5,000,000) per occurrence and aggregate for bodily injury, personal injury, property damage and cleanup costs both on and offsite. 7. Professional Errors and Omissions Liability Insurance (required for contractors providing professional services, such as through a professional engineer, registered geologist, etc.) a. Coverage shall be in an amount of not less than one million dollars ($1,000,000) per occurrence/aggregate. b. If coverage contains a deductible or self-retention, it shall not be greater than fifty thousand dollars ($50,000) per occurrence/event. 6.3.b Packet Pg. 52 Attachment: HHW Agreement (2021) (3725 : Household Hazardous Waste Augmentation Amendment 2022) EXHIBIT B-2D (revised) c. Coverage as required herein shall be maintained for a minimum of two years following termination or completion of this Agreement. 8. Claims Made Coverage If coverage is written on a claims made basis, the Certificate of Insurance shall clearly state so. In addition to coverage requirements above, such policy shall provide that: a. Policy retroactive date coincides with or precedes the Consultant's start of work (including subsequent policies purchased as renewals or replacements). b. Policy allows for reporting of circumstances or incidents that might give rise to future claims. E. Special Provisions The following provisions shall apply to this Agreement: 1. The foregoing requirements as to the types and limits of insurance coverage to be maintained by the Contractor and any approval of said insurance by the County or its insurance consultant(s) are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Contractor pursuant to this Agreement, including but not limited to the provisions concerning indemnification. 2. The County acknowledges that some insurance requirements contained in this Agreement may be fulfilled by self-insurance on the part of the Contractor. However, this shall not in any way limit liabilities assumed by the Contractor under this Agreement. Any self-insurance shall be approved in writing by the County upon satisfactory evidence of financial capacity. Contractors obligation hereunder may be satisfied in whole or in part by adequately funded self-insurance programs or self-insurance retentions. 3. Should any of the work under this Agreement be sublet, the Contractor shall require each of its subcontractors of any tier to carry the aforementioned coverages, or Contractor may insure subcontractors under its own policies. 4. The County reserves the right to withhold payments to the Contractor in the event of material noncompliance with the insurance requirements outlined above. F. Fidelity Bonds (Required only if contractor will be receiving advanced funds or payments) Before receiving compensation under this Agreement, Contractor will furnish County with evidence that all officials, employees, and agents handling or having access to funds received or disbursed under this Agreement, or authorized to sign or 6.3.b Packet Pg. 53 Attachment: HHW Agreement (2021) (3725 : Household Hazardous Waste Augmentation Amendment 2022) EXHIBIT B-2D (revised) countersign checks, are covered by a BLANKET FIDELITY BOND in an amount of AT LEAST fifteen percent (15%) of the maximum financial obligation of the County cited herein. If such bond is canceled or reduced, Contractor will notify County immediately, and County may withhold further payment to Contractor until proper coverage has been obtained. Failure to give such notice may be cause for termination of this Agreement, at the option of County. 6.3.b Packet Pg. 54 Attachment: HHW Agreement (2021) (3725 : Household Hazardous Waste Augmentation Amendment 2022) City of Gilroy STAFF REPORT Agenda Item Title: First Amendment to the Solid Waste Disposal Contract for Approval of Alternate Disposal Facilities Meeting Date: April 18, 2022 From: Jimmy Forbis, City Administrator Department: Administration Submitted By: Jimmy Forbis Prepared By: Bryce Atkins Strategic Plan Goals ☐ Develop a Financially Resilient Organization ☐ Ensure Neighborhood Equity from City Services ☐ Promote Economic Development Activities ☐ Promote Safe, Affordable Housing for All ☐ Maintain and Improve City Infrastructure RECOMMENDATION Council authorize the City Administrator to execute the First Amendment to the Solid Waste Disposal Contract. EXECUTIVE SUMMARY The purpose of this item is to allow the City Council to consider approval of Alternate Disposal Facilities which are closer to the City of Gilroy than the currently solely designated Potrero Hills Landfill in Solano County. POLICY DISCUSSION The proposed Amendment to the Agreement will benefit the Gilroy community by allowing disposal of solid waste at nearby landfills, thereby avoiding significant challenges related to transportation and potential trash pickup scheduling conflicts that would result from the use of Potrero Hills Landfill which is located 108 miles from the San Martin Transfer Station. 6.4 Packet Pg. 55 BACKGROUND Since 2014, Waste Solutions Group (Waste Solutions) has contracted with the cities of Gilroy and Morgan Hill to provide solid waste disposal services at John Smith Road Landfill (John Smith) for the waste collected by Recology. Recology transfers waste from the San Martin Transfer Station to John Smith, a one -way haul of 28 miles. John Smith is owned by the County of San Benito and operated under a contract between the County and Waste Solutions. Waste Solutions has informed Gilroy and Morgan Hill that efforts to modify the landfill's permit to create more disposal capacity have been delayed and that San Benito County has decided to reserve the existing John Smith disposal capacity for waste generated within that county. After March 30, 2022, out-of-County waste will not be accepted at John Smith for an indefinite period, presumably until the capacity expansion is finalized. The Solid Waste Disposal Agreement with Waste Solutions names Potrero Hills L andfill in Solano County as the sole ‘Alternate Disposal Facility’ in the event that John Smith is unable to accept solid waste from the two cities. Potrero Hills Landfill is located 106 miles from the San Martin Transfer Station. Utilizing this landfill p resents significant and possibly insurmountable challenges related to transportation and potential trash pickup scheduling conflicts. Therefore, Waste Solutions has proposed that, in lieu of Potrero Hills Landfill, it will make arrangements for disposal at Kirby Canyon Landfill located in San Jose (11 miles from San Martin), and/or the Monterey Peninsula Landfill in Marina (38 miles from San Martin). ANALYSIS Either or both of the suggested alternate landfill options are preferable over Potrero Hills Landfill due to the operational convenience and other benefits that come with a landfill that is closer than 106 miles away. As of the beginning of April, the City commenced utilization of Kirby Canyon Landfill and/or Monterey Peninsula Landfill as an interim so lid waste disposal site. Approval of the proposed First Amendment (Attachment A) will formally add these two landfills to the Agreement as ‘Alternative Disposal Facilities.’ Recology has been closely involved in planning for this switch and supports the planned temporary shift. ALTERNATIVES Council may reject the amendment. This is not recommended, as the change in the alternate disposal facility will prevent negative impacts to solid waste collection services within the community. FISCAL IMPACT/FUNDING SOURCE Per the Solid Waste Disposal Agreement, Waste Solutions will be responsible for paying all documented additional costs resulting from the use of any Alternate Disposal Facilities, and for securing all necessary regulatory approvals needed for Contracto r 6.4 Packet Pg. 56 and/or Cities to use the Alternate Disposal Facilities. As a result, changing the disposal site will have no impact on the collection rates charged by Recology at this time. NEXT STEPS With Council approval, the City Administrator will then execute the First Amendment to the Solid Waste Disposal Contract. Attachments: 1. First Amendment to Solid Waste Disposal Agreement (00101244xA3717) 2. Solid Waste Disposal Agreement_WS_Gil_MH 6.4 Packet Pg. 57 {00101244.DOC.} FIRST AMENDMENT TO SOLID WASTE DISPOSAL AGREEMENT Page 1 FIRST AMENDMENT TO SOLID WASTE DISPOSAL AGREEMENT THIS FIRST AMENDMENT TO SOLID WASTE DISPOSAL AGREEMENT (this “Amendment”), by and among the CITY OF GILROY, CALIFORNIA (“Gilroy”), the CITY OF MORGAN HILL, CALIFORNIA (“Morgan Hill” and, together with Gilroy, the “Cities”), and WASTE SOLUTIONS GROUP OF SAN BENITO, LLC, a Delaware limited liability company (“Company”), is entered into as of March __, 2022. Capitalized terms not otherwise defined herein shall have the meanings ascribed to them in that certain Solid Waste Disposal Agreement, dated July 1, 2014 (the “Agreement”), by and between the Cities and Company. RECITALS WHEREAS, the Cities and Company entered into the Agreement, whereby the Cities agreed to dispose of Waste at the Landfill, and Company agreed to accept same for disposal, upon the terms and conditions set forth in the Agreement; and WHEREAS, the parties desire to amend the Agreement to designate additional landfills as Alternate Disposal Facilities. AMENDMENT NOW, THEREFORE, FOR GOOD AND VALUABLE CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH ARE HEREBY ACKNOWLEDGED, THE PARTIES AGREE TO AMEND THE AGREEMENT, AS FOLLOWS: 1. Incorporation of Recitals. The foregoing recitals are agreed to, accepted and incorporated herein by reference. 2. Amendment to Section 1.6 (Disposal Facilities). Section 1.6 (Disposal Facilities) of the Agreement is hereby amended and restated in its entirety to read as follows: “1.6. “Disposal Facilities” means the Landfill or, if the Landfill is incapable of accepting Acceptable Waste for any reason, any of the following solid waste disposal facilities: (i) the Potrero Hills Landfill in Solano County, California; (ii) the Kirby Canyon Landfill in Morgan Hill, California; or (iii) the Monterey Peninsula Landfill in Marina California (each an “Alternate Disposal Facility”).” 3. Counterparts. This Amendment may be executed in one or more facsimile or original counterparts, each of which shall be deemed an original and both of which together shall constitute one and the same instrument. 4. Ratification. All terms and provisions of the Agreement not amended hereby, either expressly or by necessary implication, shall remain in full force and effect. From and after the date of this Amendment, all references to the term “Agreement” in this Amendment and in the original Agreement shall include the terms contained in this Amendment. 6.4.a Packet Pg. 58 Attachment: First Amendment to Solid Waste Disposal Agreement (00101244xA3717) (3726 : First Amendment to the Solid Waste Disposal {00101244.DOC.} FIRST AMENDMENT TO SOLID WASTE DISPOSAL AGREEMENT Page 2 5. Conflicting Provisions. In the event of any conflict between the original terms of the Agreement and this Amendment, the terms of this Amendment shall prevail. 6. Authorization. Each party executing this Amendment represents and warrants that it is duly authorized to cause this Amendment to be executed and delivered. [Remainder of page intentionally left blank; Signature page immediately follows.] 6.4.a Packet Pg. 59 Attachment: First Amendment to Solid Waste Disposal Agreement (00101244xA3717) (3726 : First Amendment to the Solid Waste Disposal {00101244.DOC.} FIRST AMENDMENT TO SOLID WASTE DISPOSAL AGREEMENT Page 3 IN WITNESS WHEREOF, the parties execute this First Amendment to Solid Waste Disposal Agreement as of the date first written above. CITIES: CITY OF GILROY, CALIFORNIA By: _________________________________ Name: Title: CITY OF MORGAN HILL, CALIFORNIA By: _________________________________ Name: Title: COMPANY: WASTE SOLUTIONS GROUP OF SAN BENITO, LLC, a Delaware limited liability company By: _________________________________ Name: Paul Nelson Title: Divisional Vice President 6.4.a Packet Pg. 60 Attachment: First Amendment to Solid Waste Disposal Agreement (00101244xA3717) (3726 : First Amendment to the Solid Waste Disposal 1 SOLID WASTE DISPOSAL AGREEMENT This SOLID WASTE DISPOSAL AGREEMENT this Agreement is made and entered as of July 1 2014 the Effective Date by and among the CITY OF GILROY CALIFORNIA Gilroy the CITY OF MORGAN HILL CALIFORNIA Morgan Hill and together with Gilroy the Cities and WASTE SOLUTIONS GROUP OF SAN BENITO LLC a Delaware limited liability company Company Cities and Company are hereinafter sometimes referred to individually as a Party and jointly as the Parties RECITALS WHEREAS Contractor as defined below is the franchised solid waste collector for all Waste as defined below generated within the incorporated city limits of Cities WHEREAS Contractor owns and operates the San Martin Transfer Station located at 14070 Llagas Ave San Martin California the Contractor Transfer Station which besides accepting fianchised solid waste from Cities accepts self hauled public Waste from residents of Cities WHEREAS Company operates the John Smith Road Landfill the Landfill and desires to become a provider of solid waste disposal services for Cities WHEREAS Cities conducted a request for proposals for the long term disposal of the Waste generated within the incorporated city limits of Cities WHEREAS in response to the proposal submitted by Company Cities have awarded to Company an exclusive longterm contract for the disposal of the Waste generated within the incorporated city limits of Cities and WHEREAS Cities have directed Contractor to haul all Waste collected within the incorporated city limits of Cities delivered to the Contractor Transfer Station to the Landfill AGREEMENT NOW THEREFORE for and in consideration of the respective covenants herein contained and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged the Parties agree to the terms and conditions set forth herein 1 Definitions 11 Acceptable Waste or Waste means Solid Waste as defined in California Public Resources Code Division 30 Part 1 Chapter 2 40191 and regulations promulgated thereunder and includes residential waste commercial waste non recycled construction and demolition waste residuals from any material recovery recycling or other waste processing facility and any other combination of these wastes and all other acceptable Class III and Class 11 Wastes provided however the following materials are excluded from the definition of Acceptable Waste a Special Waste b Hazardous Waste c Class I Wastes and d 00059528DOC3 SOLID WASTE DISPOSAL AGREEMENT I 6.4.b Packet Pg. 61 Attachment: Solid Waste Disposal Agreement_WS_Gil_MH (3726 : First Amendment to the Solid Waste Disposal Contract) materials recovered from Acceptable Waste for recycling or other beneficial use and which are not subsequently disposed of in a landfill 12 Contractor means Cities currently contracted Waste hauler Recology South Valley a California corporation any successor in interest thereto or any other party Cities subsequently designate as their franchised solid waste collector during the Term 13 CPI U means the Consumer Price Index All Items 1982 84 100 for All Urban Consumers CPI U San Francisco Oakland San Jose 14 Designated Waste means Designated Waste as defined by State of California under 13173 of Division 7 of the California Water Code 15 Disposal Dis ose or Disposed means the delivery of Acceptable Waste to the Landfill 16 Disposal Facilities means the Landfill or if the Landfill is incapable of accepting Acceptable Waste for any reason the Potrero Hills Landfill in Solano County California the Alternate Disposal Facility 17 Free Liquid means liquid in excess of twentyfive 25 gallons per contained load of waste which readily separates from the solid portions of such waste on delivery to the Landfill under ambient temperature and pressure ie liquid in the waste load that causes the waste to fail the paint filter test prescribed by the Environmental Protection Agency in its Method 9095 18 Hazardous Waste means any waste which is defined or regulated as a hazardous waste toxic substance hazardous chemical substance or mixture or asbestos under applicable law including but not limited to a the Resource Conservation and Recovery Act and the regulations contained in 40 CFR Parts 260 281 inclusive b the Toxic Substance Control Act 15 USC 2601 et seq c the regulations contained in 40 CFR Parts 761 766 inclusive d California Health and Safety Code 25117 e the California Public Resources Code 40141 and f all successor laws and regulations as may be amended from time to time 19 Special Waste means and includes without limitation Designated Waste and any non Designated Waste that requires special handling or safety procedures at the Landfill during either off loading or burial Examples of Special Waste include but are not limited to fly ashes petroleum contaminated soils waste water treatment plant sludge field plastic trick load quantities of box springs and mattresses toner cartridges appliances wood stumps over two 2 feet in diameter large tree limbs and poles 110 Special Waste Application means the form used by Company to gather information about the proposed Special Waste to be delivered to the Landfill In order to be approved the Special Waste Application must be executed by Companys Environmental Manager or authorized representative who thereby approves the waste as Acceptable Waste 111 Ton means a standard or short ton and shall be deemed to be equal to two thousand 2000 pounds 00059528DOC31 SOLID WASTE DISPOSAL AGREENIENT 2 6.4.b Packet Pg. 62 Attachment: Solid Waste Disposal Agreement_WS_Gil_MH (3726 : First Amendment to the Solid Waste Disposal Contract) 1 12 Unacceptable Waste means any and all waste a the delivery of which at the Landfill would violate any applicable local state or federal laws regulations or orders or conditions of the Landfills operating permit b which constitutes Hazardous Waste c which constitutes Special Waste without an approved Special Waste Application d which in Companys sole and reasonable discretion Company considers to be unacceptable or e containing Free Liquid without an approved Special Waste Application 2 Term 21 Initial Term This Agreement shall commence on the Effective Date and shall continue for an approximate period of fifteen 15 years ending June 30 2030 the Initial Term unless terminated earlier pursuant to Section 18 22 Extension Term Cities shall have the sole right to extend the Initial Term by no less than two 2 additional five 5 year periods ie until June 30 2035 and again until June 30 2040 each an Extension Term and together with the Initial Term the Term Cities shall notify Company of its intent to extend the Initial Term and if applicable the first Extension Term no later than one 1 year prior to the end of the Initial Term After the second Extension Term any further extensions of the Term shall be only by written agreement of the Parties 23 Reiection of Extension Term Notwithstanding anything to the contrary in this Section 2 Company shall have the right to reject Cities exercise of either Extension Term pursuant to Section 22 in the event of any of the following i Companys costs to expand the Landfill including Companys operating costs are higher than the documented costs of constructing new landfill airspace as of the Effective Date by a percentage amount greater than the cumulative CPI adjustment calculated pursuant to Section 61 from the Effective Date through the date Cities seek to exercise the applicable Extension Term ii the Landfill can no longer accept Acceptable Waste due to permitted Disposal capacity limitations or iii Company determines in its sole but reasonable discretion that Company is reasonably likely to breach its contractual obligation to San Benito County to maintain at least fifteen 15 years of airspace at the Landfill at all times 3 Exclusive Tonnage Commitment Waste Type and Source In consideration of the preferred Base Rate set forth in Section 5 Cities shall direct Contractor to deliver to the Landfill One Hundred Percent 100 of the Acceptable Waste generated as a result of the Citys collection Franchise Agreements Cities warrant that Contractor shall deliver to the Landfill only Acceptable Waste except that Contractor may also deliver Special Waste in accordance with the provisions described in an approved Special Waste Application 00059528DOC3 SOLID WASTE DISPOSAL AGREEMENT 3 6.4.b Packet Pg. 63 Attachment: Solid Waste Disposal Agreement_WS_Gil_MH (3726 : First Amendment to the Solid Waste Disposal Contract) 4 Disposal 41 Disposal of Acceptable Waste Company will accept delivery and Dispose of all properly identified Acceptable Waste from Contractor and Cities from time to time during the term of and according to this Agreement provided however that such waste is Acceptable Waste that Company is capable of accepting and properly Disposing of at the Landfill 42 Inability to Accept Acceptable Waste Except as provided in Sections 10 and 191 in the event that Company fails to accept some or all Acceptable Waste delivered by Contractor pursuant to this Agreement regardless of the reason for such failure the following shall occur 421 Immediately upon Companys temporary inability to accept Acceptable Waste delivered by Contractor pursuant to this Agreement Company shall make whatever arrangements are necessary for the use of the Alternate Disposal Facility and shall direct Contractor to use the Alternate Disposal Facility 422 Company shall be responsible for paying all documented additional costs resulting from the use of the Alternate Disposal Facility under Section 421 including any increase in costs for Disposal services whether paid on a per Ton lumpsum or other basis and any increase in transport expenses due to increased transport time distance or method incurred by Contractor and or Cities Company is responsible for securing all necessary regulatory approvals needed for Contractor and or Cities to use the Alternate Disposal Facility under Section 421 43 Landfill Disposal Area Site Expansions Company has represented to Cities that it will and Company shall demonstrate reasonable efforts to seek approvals for expansion of the current permitted Landfill disposal area and capacity 5 Base Rate During the Term the tipping fee per Ton the Base Rate for the Disposal of Acceptable Waste at the Disposal Facilities shall be as follows Term Year Proprietary Current Taxes Total Base Rate Per Ton Per Ton Rate Year 1 Effective Date December 31 2014 1710 per Ton 390 2100 Year 2 January 1 2015 December 31 2015 1760 per Ton 390 2150 Years 3 15 January 1 2016 December 31 2029 As adjusted As adjusted As adjusted pursuant to the from time to pursuant to the provisions of time pursuant provisions of Section 61 to Section 62 Sections 61 and 62 t00059528DOC31 SOLID WASTE DISPOSAL AGREEMENT 4 6.4.b Packet Pg. 64 Attachment: Solid Waste Disposal Agreement_WS_Gil_MH (3726 : First Amendment to the Solid Waste Disposal Contract) The Base Rate for any acceptable Special Waste shall be quoted on a caseby case basis 6 Base Rate Adiustments 61 CPI Adjustment Beginning on January 1 2016 and on each anniversary thereof through the end of the Term Companys Proprietary Base Rate shall automatically increase by an amount equal to Eighty Percent 80 of the increase in the CPI U for the prior twelve 12 month period Any adjustment based on the CPI U shall be calculated by establishing the percentage difference in CPI U using October as compared to the immediately preceding October during the term of this Agreement 62 Changes in Law The Parties acknowledge that solid waste Disposal is a highly regulated and highly taxed enterprise and that taxing authorities frequently raise revenue by imposing taxes on waste Disposal operations and businesses The Parties acknowledge that the Base Rate already includes costs associated with complying with all existing governmental regulations applicable to the Disposal Facilities including but not limited to methane control regulations and the costs of closure and post closure monitoring If state federal or local government or governmental agencies increase any taxes or impose new taxes surcharges or other fees collectively the Taxes or adopt or modify any compliance and regulatory requirements Change in Law that result in increased operating costs to Company or require Company to make or capital expenditures Company shall have the right to pass the Taxes and increased operating costs resulting from Changes in Law through to Cities in the form of increased Base Rates To the extent that the Taxes Change in Law and other increased operational costs the Increased Costs can be factored into the per ton Base Rate applicable to Cities under this Agreement the Parties hereto shall use good faith efforts to negotiate an adjusted Base Rate that includes Cities equitable share of the Increased Costs 7 Turnaround Time of Contractors Vehicles Company shall use commercially reasonable efforts to ensure that the average time required for a vehicles delivering Acceptable Waste pursuant to this Agreement Contractor Vehicles to unload and exit the Landfill is thirty 30 minutes commencing from the time the Contractor Vehicles queue in the Landfills inbound scale line to the time said vehicles exit over the Landfills exit scale the Average Turnaround Time provided however that Company shall not be responsible for and shall not be in breach of the provisions of this Section 7 for delays not caused by or under the control of Company including without limitation vehicle breakdown driver negligence lack of cooperation or a vehicle driver parking to use Companys restrooms or telephone Company shall manage the Acceptable Waste receiving and unloading area in order to facilitate access and unloading by Contractor Company shall make available to Contractor a functional tipper at all times The Average Turnaround Time shall be calculated on a thirty 30 calendar day basis as the sum of the vehicle turnaround time for each load of Acceptable Waste delivered by Contractor pursuant to this Agreement during the month divided by the number of loads received during the thirty 30 calendar day period Company shall report the Average Turnaround Time on a regular monthly basis to Cities If this Average Turnaround Time exceeds thirty 30 minutes for two consecutive months or more Company shall meet with Contractor and Cities determine the cause of such exceedances and reach an acceptable solution with Contractor and Cities to reduce the Average Turnaround Time to an acceptable level t00059528DOC31 SOLID WASTE DISPOSAL AGREEMENT 5 6.4.b Packet Pg. 65 Attachment: Solid Waste Disposal Agreement_WS_Gil_MH (3726 : First Amendment to the Solid Waste Disposal Contract) 8 Tender of Delivery Cities shall direct Contractor to tender Disposal of the Acceptable Waste to Company at those times and places in those quantities and in the manner specified in this Agreement or Special Waste approvals Cities shall direct Contractor to at the same time and place tender to Company those completed documents shipping papers or manifests as are required for lawful transfer of the Acceptable Waste to Company by valid and applicable statutes ordinances orders rules or regulations of the Federal state or local governments Tender of Disposal shall be considered non conforming if not in accordance with this Section and or the specifications of and Special Waste approvals 9 Right To Inspect Waste Material Company shall have the right but not the obligation to inspect sample analyze or test any tendered waste material before accepting such material If the waste material or tender of delivery fails in the opinion of Company to conform to this Agreement Company may a reject all waste material tendered b conditionally accept any or all waste material tendered or c accept any unit or units of waste material and reject the rest 10 Right to Reject Unacceptable Waste Company may conditionally accept Contractors and Cities waste offloaded at the Landfill or the applicable Disposal Facility but may revoke its acceptance of any load of waste as Unacceptable Waste at any time it is determined to be Unacceptable Waste such rejected waste will hereinafter be referred to as Rejected Waste Upon Companys good faith and timely rejection or revocation of acceptance of waste that waste shall become Rejected Waste and Companys rejection shall operate to revest title to the Rejected Waste in Contractor and Cities As a condition to its effective rejection of Waste or revocation of its acceptance of any Waste Company will 101 Promptly notify Contractor and Cities specifying the basis for its rejection of such Waste 102 Segregate and properly containerize the Rejected Waste at the Landfill or the applicable Disposal Facility and 103 Allow Contractor and Cities a reasonable opportunity not to exceed seventy two 72 hours from the time of notice of rejection to reclaim and remove the Rejected Waste from the Landfill or the applicable Disposal Facility If Contractor or Cities fail to reclaim and remove the Rejected Waste from the Landfill or the applicable Disposal Facility or arrange for the removal of the Rejected Waste from the Landfill or the applicable Disposal Facility Company may make arrangements for the offsite storage transportation and Disposal of the Rejected Waste at a facility permitted to accept the Rejected Waste In such event Cities shalt promptly reimburse Company for the reasonable costs incurred by Company in testing clean up handling loading preparing transporting storing Disposing and either returning the Rejected Waste to Contractor and or Cities or transporting and Disposing of the Rejected Waste at a facility permitted to accept the Rejected Waste 11 Acceptance of Waste of Title Company will be vested with title to all Acceptable Waste accepted by the Landfill hereunder on rem oval of the Acceptable Waste from the Transfer Station provided however that the Landfill or the applicable Disposal Facility is 00059528DM3 SOLID WASTE DISPOSAL AGREEMENT 6 6.4.b Packet Pg. 66 Attachment: Solid Waste Disposal Agreement_WS_Gil_MH (3726 : First Amendment to the Solid Waste Disposal Contract) legally permitted to accept such waste and acceptance of such waste is not rejected or revoked under Section 10 Otherwise title to waste delivered by Contractor shall be in and all risks and responsibilities shall be borne by Contractor and Cities 12 Hours of Operation Company shall accept all Acceptable Waste at the Landfill during normal business hours of Monday Friday 800 am 400 pm Saturday Sunday 900 am 300 pm subject to Companys right to change the hours of operation which it may do at any time and from time to time upon giving Contractor and Cities reasonable advance notice of any such change in hours or capacity limitations which reasonable advance notice typically would be no less than ninety 90 days in advance of such change The Landfill will be closed on the following holidays New Years Day Easter Sunday Thanksgiving Day and Christmas Day Company shall give Contractor and Cities reasonable advance notice of any change to the holiday schedule 13 Contractor Landfill Activities Contractors activities at the Landfill shall be subject to the applicable provisions of Companys permits and safety and operating procedures made known to Contractor and Cities by Company Cities shall direct Contractor to exercise due care and diligence in the movement and offloading of Waste from its collection vehicles while in the Landfill and shall be responsible for all acts or omissions of its employees subcontractors and their agents and employees in connection with their activities at the Landfill Cities shall direct Contractor to at its sole cost protect its own employees and agents employees of Company and other persons from risk of death injury or bodily harm arising out of or in any way connected with Contractors activities at the Landfill Cities shall indemnify defend and hold Company harmless for all acts or omissions of Contractor Contractors employees agents and independent contractors and their respective agents and employees in connection with their activities at the Landfill 14 Intoxicating Liquors and Drugs Cities shall direct Contractor to establish and keep in place rules prohibiting its employees agents or independent contractors from taking any controlled substances or intoxicating liquors to the Landfill Cities shall direct Contractor to not permit its employees agents or independent contractors to bring anywhere on the Landfill any controlled substances or intoxicating liquors If any employee agent or independent contractor of Contractor shall in the opinion of Company be under the influence of alcohol or controlled substances while at the Landfill Company shall require such person to leave the Landfill immediately 15 Invoicing Dispute of Invoiced Amounts Company will invoice Contractor twice per month in arrears using applicable Base Rates for all Tons of Waste accepted for Disposal at the Landfill in the then immediately preceding invoice period Cities shall direct Contractor to pay undisputed invoiced amounts within thirty 30 days of the date of its receipt of the invoice If Cities or Contractor dispute an invoiced amount they shall do so within the fifteen 15 day period following receipt of the invoice containing the disputed amount and give notice to Company setting forth therein the basis for the disputed amount with sufficient specificity to allow Company to investigate the disputed amount If Cities and Contractor fail to dispute any invoiced amount within fifteen 15 days of receiving the invoice Cities and Contractor shall be conclusively deemed to have waived their right to dispute the amount Tonnage amounts of Waste shall be determined using Companys weigh scales at the Landfill or the applicable 00059528DOC3 SOLID WASTE DISPOSAL AGREEMENT 7 6.4.b Packet Pg. 67 Attachment: Solid Waste Disposal Agreement_WS_Gil_MH (3726 : First Amendment to the Solid Waste Disposal Contract) Disposal Facilities and shall be taken from certified weight tags issued by Company or the owneroperator of the applicable Disposal Facilities 16 Insurance The Parties shall obtain and maintain during the term of this Agreement commercial general liability insurance to protect against any claim or demand concerning bodily injury death or property damage and business auto insurance for claims arising out of such Partys operations Each Party hereto agrees to provide the other Party with thirty 30 days written notice of any nonrenewal cancellation decrease or material change in the insurance coverage Each Party on request shall furnish the other Party with a certificate of insurance showing the insurers and the coverages in effect all of which shall be satisfactory to the receiving party in its sole reasonable judgment The type and limits of liability of all insurance required herein shall be as set forth in Exhibit A which is attached hereto and incorporated herein Insurance provided pursuant to this Section 16 shall be written on an occurrence basis or claims made basis All policies except workers compensation shall name the other Party as an additional insured Limits specified in Exhibit A may be provided through any combination of primary umbrellaexcess deductibles or selfinsurance policies 17 Ind mni 171 By Cities Cities shall fully and forever defend indemnify and hold harmless Company and its successors assigns officers directors and agents against and in respect of any and all costs losses damages deficiencies expenses or liabilities including court costs and reasonable attorneys fees and expenses threatened suffered or paid to the extent resulting from or arising out of i any breach of any representation or warranty made by Cities in this Agreement or in any certificate document or instrument given pursuant hereto or in connection herewith ii any failure by Cities or Contractor to perform or otherwise fulfill or comply with any undertaking agreement or obligation on the part of Cities or Contractor to be performed fulfilled or complied with hereunder including the payment obligations set forth in Section 15 iii any claim by any third party of ownership of or any rights or interests in any Waste accepted by Company for Disposal at the Landfill or the applicable Disposal Facility iv any bodily injury personal injury or property damage arising out of or in any way related to Cities or Contractors acts or omissions and v any violation by Cities or Contractor of any federal state county or local law or regulation pertaining to Cities or Contractors operations This obligation shall survive the expiration or earlier termination of this Agreement 172 By Company Company shall fully and forever defend indemnify and hold harmless Cities and their respective successors assigns officers directors employees and agents against and in respect of any and all costs losses damages deficiencies expenses or liabilities including court costs and reasonable attorneys fees and expenses threatened suffered or paid to the extent resulting from or arising out of i any breach of any representation or warranty made by Company in this Agreement or in any certificate document or instrument given pursuant hereto or in connection herewith ii any failure by Company to perform or otherwise fulfill or comply with any undertaking agreement or obligation on the part of Company to be performed fulfilled or complied with hereunder iii any bodily injury personal injury or property damage arising out of or in any way related to Companys acts or omissions and iv any violation by Company of any federal state county or local law or regulation pertaining to 100059528DOC3 SOLID WASTE DISPOSAL AGREEMENT 8 6.4.b Packet Pg. 68 Attachment: Solid Waste Disposal Agreement_WS_Gil_MH (3726 : First Amendment to the Solid Waste Disposal Contract) Companys operations This obligation shall survive the expiration or earlier termination of this Agreement 18 Default Termination 181 Default Event of Default The terms event of default and default shall mean either Partys failure to observe comply with or perform as the case may be any covenant condition or obligation on its part to be performed complied with or observed as provided in this Agreement 182 Failure to Pay Amounts Due Cities shall be in default hereof if it fails to timely pay any invoiced amount in accordance with the terms set forth in Section 15 above Effective upon not less than five 5 days notice to Cities Company may suspend Cities and Contractors access to the Landfill until such time as Cities have paid Company the undisputed invoiced amount Notwithstanding any suspension of Cities and Contractors access to the Landfill by Company Cities shall remain obligated to comply with all provisions of this Agreement including without limitation Section 3 183 Default Right to Cure A Party shall be in default hereof if it breaches or fails to perform any non monetary covenant condition agreement representation or warranty contained in this Agreement and fails to cure such breach or failure for fifteen 15 days after the other Party has given the breaching Party written default notice provided however that if such failure or breach is of such nature as to not be curable within said fifteen 15 day period an event of default shall occur if the breaching or failing Party shall have failed to commence curative action within the prescribed fifteen 15 day period and prosecuted the same with due diligence to completion thereafter but in no event beyond forty five 45 days after receipt of the default notice 184 Remedy upon Default In any such event of default the non breaching Party may i terminate this Agreement and ii have recourse to any other right or remedy to which it may be entitled by law including but not limited to the right of all damage or loss suffered as a result of such breach or default In the event either Party waives default by the other Party such waiver shall not be construed or determined to be a continuing waiver of the same or any subsequent breach or default 19 Miscellaneous 191 Force Maicure Except with respect to the payment of money owed for Disposal services hereunder the performance of this Agreement by either Party may be suspended and the obligations hereunder excused or extended in the event and during the period that such performance is prevented by a cause or causes beyond that Partys reasonable control but only to the extent such cause or causes were unforeseeable or not the result of that Partys negligent or intentional act or failure to act when there was a duty to act Matters beyond the control of either Party include but are not limited to injunctions or restraining orders making the performance of this Agreement impossible and governmental or judicial action or inaction revoking suspending or preventing issuance of any licenses or permits required for operation of the Landfill in the case of Company or Contractors collection transfer and transportation facilities NO59528DM3 SOLID WASTE DISPOSAL AGREEMENT 9 6.4.b Packet Pg. 69 Attachment: Solid Waste Disposal Agreement_WS_Gil_MH (3726 : First Amendment to the Solid Waste Disposal Contract) or equipment or adversely affecting the interstate or international flow of Waste a Force Maieure Event In the event of disruption of services due to a Force Majeure Event Company shall and Cities shall direct Contractor to make every reasonable effort to reopen their respective facilities as soon as practicable after the cessation of the cause of suspension of services and will take all reasonable steps to overcome the cause of cessation of services 192 Compliance with Laws During the Term Company will comply with all present and future federal state and local statutes and ordinances regulating the Landfill and with all other rules and regulations and amendments thereto imposed by all federal and state regulatory agencies having jurisdiction over the operation of the Landfill Cities warrant that they and Contractor are and at all times during the Term will be in compliance with all state Federal county and other local laws permits and licenses concerning the collection handling and transportation of waste covered by this Agreement Cities shall direct Contractor to at all times maintain in effect all licenses and permits for the generation of Acceptable Waste covered by this Agreement required by any and all agencies that may have jurisdiction over Contractors operations 193 Independent Contractor Each Party is and shall perform their respective obligations under this Agreement as independent contractors and as such shall have and maintain complete control over all of their respective employees agents and their conduct of operations Neither Party nor anyone employed by it shall be represent act purport to act or be deemed to be the agent representative or employee of the other Party 194 Entire Agreement This Agreement represents the entire understanding and agreement between the Parties relating to the Disposal of the Waste materials described herein and supersedes any and all prior agreements whether written or oral that may exist between the Parties regarding same and supersedes any and all terms and conditions which may exist in any form with any Party regarding Contractors and Cities Disposal of Waste at the Landfill 195 Notices All notices or other communications to be given hereunder shall be in writing and shall be deemed given when mailed by Registered or Certified United States mail or by nationally recognized overnight courier with proof of delivery To City of Gilroy City of Gilroy 7351 Rosanna Street Gilroy CA 95029 Attention City Administrator Phone 408 846 0400 To City of Morgan Hill City of Morgan Hill 17575 Peak Ave Morgan Hill CA 95037 Attention City Manager Phone 408 779 7271 100059528DOC3 SOLID WASTE DISPOSAL AGREEMENT 10 6.4.b Packet Pg. 70 Attachment: Solid Waste Disposal Agreement_WS_Gil_MH (3726 : First Amendment to the Solid Waste Disposal Contract) To Company Waste Solutions Group Of San Benito LLC Attn Division Vice President 2650 John Smith Road Hollister CA 95023 Phone 831 637 4515 Fax 831 635 9621 With Copy to Waste Connections Inc Attn Legal Department 3 Waterway Square Place Suite I10 The Woodlands Texas 77380 Phone 832 4422200 Fax 832 4422290 Any changes of address by either Party affecting the notice provision of this Agreement shall be by notice given to the other in the same manner as specified above 196 Attorneys Fees In the event of any dispute between the Parties with respect to the subject matter hereof the prevailing Party shall recover its costs and expenses including reasonable attorney fees witness fees including experts and discovery costs all of which shall be included in and as a part of the judgment or award rendered in such litigation or arbitration 197 Specific Services This is an Agreement for the performance of specific services described herein Under no circumstances or conditions shall the operations of the Landfill by Company in accordance with this Agreement be deemed a public function nor has Contractor or Cities acquired an interest ownership or otherwise in the real or personal property or improvements or fixtures at the Landfill by virtue of this Agreement 198 Amendment No amendment modification or change to this Agreement shall be effective unless the same shall be in writing and duly executed by the Parties 199 Applicable Law The terms and conditions of this Agreement shall be construed in accordance with the laws of the State of California without regard for the states conflict of laws rules 1910 Section Headings The section headings in this Agreement are inserted for convenience only and shall not be considered as a part of this Agreement or as a limitation or enlargement of the scope or meaning of the particular sections to which they refer and shall not affect the interpretation of any provisions of this Agreement 1911 Severability In the event that any provisions of this Agreement shall for any reason be determined to be invalid illegal or unenforceable in any respect the Parties shall negotiate in good faith and agree to such amendments modifications or supplements of or to this Agreement or such other appropriate actions as shall to the maximum extent practicable in light of such determination implant and give effect to the intentions of the Parties as reflected herein and other terms of this Agreement as so amended modified supplemented or otherwise affected by such actions shall remain in full force and effect 00059528DOC3 SOLID WASTE DISPOSAL AGREEMENT 11 6.4.b Packet Pg. 71 Attachment: Solid Waste Disposal Agreement_WS_Gil_MH (3726 : First Amendment to the Solid Waste Disposal Contract) 1912 Further Assurances Each Party shall use all reasonable efforts to provide such information execute and deliver any instruments and documents and take such action as may reasonably be necessary or reasonably requested or required by the other Party which are not inconsistent with the provisions of this Agreement and which do not involve the assumption of obligations other than those contemplated in this Agreement to give full effect to this Agreement and to carry out the intent of this Agreement Remainder of Page Intentionally Left Blank Signature Page Follows 00059528DOC3 SOLID WASTE DISPOSAL AGREEMENT 12 6.4.b Packet Pg. 72 Attachment: Solid Waste Disposal Agreement_WS_Gil_MH (3726 : First Amendment to the Solid Waste Disposal Contract) IN WITNESS WHEREOF the Parties have executed this Solid Waste Disposal Agreement by their duly authorized agents as of the date first above written CITIES COMPANY CITY OF GILROY CALIFORNIA WASTE SOLUTIONS GROUP OF SAN BENITO LLC a Delaware limited liability company By Name Thom s J Hagluntr Title City Administrator By Name Paul Nelson ATTEST Title Divisional Vice President By V Name S awna Freels Title City Clerk APPROVED AS TO FORM By G ci Name Linda Callon Title City Attorney p CITY OF M HI CALIFORNIA By T Name Steve Rymer Title City Manager ATTEST By jjX Name Michelle Wilson Title Deputy City Clerk APPROVED AS TO FORM By Name Renee Gurza Title City Attorney 14 00059528DOC3 SOLID WASTE DISPOSAL AGREEMENT 13 6.4.b Packet Pg. 73 Attachment: Solid Waste Disposal Agreement_WS_Gil_MH (3726 : First Amendment to the Solid Waste Disposal Contract) City of Gilroy STAFF REPORT Agenda Item Title: Second Amendment to the Agreement with City of Morgan Hill for Providing Staff Services for Stormwater Pollution Prevention Compliance and Environmental Services Meeting Date: April 18, 2022 From: Jimmy Forbis, City Administrator Department: Public Works Department Submitted By: Daryl Jordan Prepared By: Monica Sendejas Monica Sendejas Strategic Plan Goals ☐ Develop a Financially Resilient Organization ☐ Ensure Neighborhood Equity from City Services ☐ Promote Economic Development Activities ☐ Promote Safe, Affordable Housing for All ☐ Maintain and Improve City Infrastructure RECOMMENDATION A. Adopt a resolution of the City Council of the City of Gilroy amending the Fiscal Year 2022-23 budget to appropriate an additional $38,798 from the General Fund (100) for the shared staff services agreement with Morgan Hill for the Environmental Program; and B. Approve the second amendment to the agreement with the City of Morgan Hill to provide shared staff services to the City of Gilroy for stormwater pollution prevention compliance and environmental management services, and authorize the City Administrator to execute the amendment and related documents. EXECUTIVE SUMMARY 6.5 Packet Pg. 74 The City of Gilroy has an agreement with the City of Morgan Hill that provides shared staff services for stormwater pollution prevention compliance and environmental management services and is considering a second amendment to the agreement. The second amendment to the City’s staff services agreement with the City of Morgan Hill will add a full-time benefited Environmental Services Technician to the Stormwater Program and updates the agreement to include minor text updates including revisions to the Terms for Staff Services. The Environmental Services Technician would be shared between the two cities equally allowing the City of Gilroy to continue implementing the requirements of the National Pollutant Discharge Elimination System (NPDES) Stormwater Permit and aiding the City in meeting the Water Board’s growing expectations for compliance. The amendment will come before the Morgan Hill City Council for approval on April 20, 2022. BACKGROUND On March 16, 2015, the City Council approved an agreement with the City of Morgan Hill to provide environmental management services relating to solid waste management, stormwater pollution prevention compliance, and other environmental protection programs. The agreement expired on June 30, 2019 and an amendment was approved by City Council on June 17, 2019 to extend the contract term by five years through June 30, 2024. The State continues to require additional unfunded environmental mandates to the services cited above. The City of Gilroy reimburses the City of Morgan Hill for fifty percent (50%) of the Environmental Program Coordinator position and associated overhead costs. This shared staff arrangement has resulted in efficient and effective use of resources to achieve stormwater compliance over the past seven years. As stormwater require ments have grown, both Gilroy and Morgan Hill have supplemented with consultant work to meet the increasing needs of the program. Recently, the stormwater programs in Gilroy and Morgan Hill have run into challenges that have significantly increased resources needed to run the programs. These challenges have been primarily related to Notices of Violation, management of the Post Construction Requirement (PCR) Program which has an annually compounding workload, implementation and planning for the State’s Trash Amendments, addressing requirements of a new NPDES Permit, and ongoing challenges related to COVID-19. ANALYSIS The primary item that needs additional support within the City’s Stormwater Program is oversight of the PCR Inspection Program. This program gr ows each year and includes engagement with the community, developers, and Qualified Stormwater Practitioners (QSPs), issuance of spring and fall inspection solicitation letters with QSP data requests, input of inspection data into an online pollutant reporting platform, and solicitation of follow-up reporting for PCRs that need maintenance. The PCR Inspection Program is technical and requires consistency and attention to detail. The program will 6.5 Packet Pg. 75 benefit greatly from a permanent Environmental Services Technician, whose primary responsibility would be to focus on refinement of program data inputs, and who will see the program through its entire annual process. Secondary tasks to be completed by the Environmental Services Technician as time permits, to be assigned by the Environmental Programs Coordinator, would include public outreach, clerical support (e.g., data collection for Water Board information requests and audits, form updates and revisions, mailings, etc.), upkeep of the High - Risk Business Database, and implementation of new stormwater requirements which will be written into the upcoming NPDES Permit (anticipated in early 2023). It has become clear that the status-quo part-time staff member is no longer sufficient to meet Water Board expectations for a compliant stormwater program. In response to recent program challenges, the City of Morgan Hill identified program efficiencies which the City of Gilroy could also benefit from, primarily related to oversight and upkeep of the PCR Inspection Program by an Environmental Services Technician. Based on the increase in demand for solid waste and stormwater management requirements from the State, there may be a need in the near-term for the City to bring these environmental functions in-house. Current negotiations with Recology include discussions of the City receiving funds from Recology to perform stormwater and environmental service work. Staff will continue to analyze this potential transition of services in the future. For now, the contract extension and additional shared staffing from Environmental Services is needed to aid us in meeting these increasing demands for environmental services. ALTERNATIVES Council may reject staff’s recommendation and not authorize the City Administrator to execute the second amendment. Staff does not recommend this option. This would limit the significantly increased resources needed to run the stormwater programs. The proposed amendment would allow the City of Gilroy to implement the requirements of the National Pollutant Discharge Elimination System (NPDES) Stormwater Permit by hiring an Environmental Services Technician to aid the City in meeting the Water Board’s growing expectations for compliance. FISCAL IMPACT/FUNDING SOURCE As indicated in Exhibit B of the amended agreement, payments from the City of Gilroy to the City of Morgan Hill for staff services are estimated to range from $187,097 to $194,663 annually, over the next two years of the remaining term of the Agreement after being amended with increased costs to co ver the proposed Environmental Services Technician. The funds will pay fifty percent (50%) of the full costs of the Environmental Programs Coordinator, fifty percent (50%) of the full costs of the proposed Environmental Services Technician, and twelve perc ent (12%) of the full costs of the Environmental Services Administrator. 6.5 Packet Pg. 76 FY23 – increase from $148,299 to $187,097 FY24 – increase from $158,480 to $194,663 Council appropriated funds in the amount of $148,299 on June 7, 2021, with the adoption of the biennial budget within the Environmental Program (100-2404) budget. Staff recommends the remaining balance of $38,798 be covered by the Environmental Program (100-2404) which the General Fund (100) has adequate fund balance to fully fund the shared services. Staff recommends that the City Council adopt a resolution to amend the FY23 budget for the Environmental Program (100-2404) contractual services by $38,798 to fully appropriate the total $187,097 for this project for the reasons cited above. The proposed increase of $36,183 for FY24 will be budgeted through the next biennial budget development process. These amounts are fixed unless Morgan Hill notifies Gilroy that the estimated amounts will not be adequate to reimburse Morgan Hill for actual costs incurre d. Gilroy must agree that an increase in the amount is warranted. CONCLUSION Staff requests City Council’s approval to adopt a resolution for a Fiscal Year 2022-23 budget amendment authorizing the City Administrator to execute the Second Amendment to the Gilroy Staff Services Agreement for Stormwater Permitting Requirements and Environmental Management Services. Attachments: 1. Morgan Hill Stormwater and Environmental Services Agreement - 2nd Amendment 2. DRAFT Budget Amendment Resolution 6.5 Packet Pg. 77 SECOND AMENDMENT TO AGREEMENT FOR PROVIDING STAFF SERVICES FOR THE IMPLEMENTATION OF STORMWATER PERMITTING REQUIREMENTS AND ENVIRONMENTAL SERVICES TO THE CITY OF GILROY This SECOND AMENDMENT TO AGREEMENT is entered into and becomes effective on ______________________ (Effective Date), by and between the CITY OF GILROY, a municipal corporation (“GILROY”), and the CITY OF MORGAN HILL, a municipal corporation (“MORGAN HILL”). RECITALS The following recitals are a substantive part of this Agreement: 1. This Second Amendment to Agreement is entered into based upon the approval of the City of Morgan Hill City Council on ______________ and the City of Gilroy approval on ________________. 2. GILROY and MORGAN HILL entered into that Agreement to provide staff services (STAFF SERVICES AGREEMENT) on March 16, 2015. 3. GILROY and MORGAN HILL entered into a “First Amendment” on June 17, 2019, extending the length of the STAFF SERVICES AGREEMENT and adding reimbursement amounts for the extended term. The STAFF SERVICES AGREEMENT and the First Amendment thereto are attached as Exhibit “1” to this Second Amendment. 4. MORGAN HILL has hired a half time Environmental Services Technician in 2021 to provide additional help in meeting Water Board expectations for Stormwater Program compliance, and has agreed to hire a full-time Environmental Services Technician to also provide half-time Environmental Services Technician staff services to GILROY; and 5. GILROY and MORGAN HILL have agreed that MORGAN HILL will provide the services of a second half-time staff position at the Environmental Technician level to GILROY and that GILROY will reimburse MORGAN HILL for MORGAN HILL's costs incurred to employ this position and carry out this work in the amount of one-half of the actual costs to MORGAN HILL for the position. AGREEMENT THE PARTIES MUTUALLY AGREE AS FOLLOWS: 1. Amendments: All terms and conditions of the STAFF SERVICES AGREEMENT, as amended as attached as Exhibit "1,” shall remain in full force and effect; except that the following amendments shall be made as set forth below: A. Section 3 shall be amended and replaced in its entirety by the following: “Section 3. STATEMENT OF COSTS. GILROY shall reimburse MORGAN HILL for all costs incurred by MORGAN HILL pursuant to this AGREEMENT, which may include, but are not limited to, direct costs for labor and benefits, field work supplies for use while in GILROY (e.g., PPE, boots, rain gear, inspection tools, etc.), and training and travel expenses. The terms related to staff resources to be provided by 6.5.a Packet Pg. 78 Attachment: Morgan Hill Stormwater and Environmental Services Agreement - 2nd Amendment (3740 : Morgan Hill Agreement for Shared MORGAN HILL, as well as estimated costs to MORGAN HILL of the resources provided by MORGAN HILL to GILROY pursuant to this AGREEMENT are shown in EXHIBIT “A” and EXHIBIT “B,” respectively, which are attached hereto. Cost estimates are for budgetary purposes only and are not intended to limit the parties’ obligations under this AGREEMENT. MORGAN HILL shall use all funds paid to MORGAN HILL by GILROY pursuant to this AGREEMENT solely for providing staff services to GILROY. The contribution of GILROY to MORGAN HILL under this Agreement shall not exceed $54,441 for FY 2014/2015; $94,614 for FY 2015/2016; $100,750 for FY 2016/2017; $107,341 for FY 2017/18; $114,423 for FY 2018/2019; $121,854 for FY 2019/2020; $130,036 for FY 2020/2021; $138,835 for FY 2021/2022; $187,097 for FY 2022/23; and $194,663 for FY 2023/2024 unless MORGAN HILL has notified GILROY that the estimated amounts will not be adequate to reimburse MORGAN HILL for actual costs and GILROY agrees that an increase in the amount is warranted.” B. Section 7 shall be amended and replaced in its entirety by the following: “Section 7.0 TERMINATION A. MORGAN HILL or GILROY may terminate this AGREEMENT by giving notice to the other party of not less than thirty (30) days. B. If either party fails to perform any of its material obligations under this AGREEMENT, then, in addition to all other remedies available by law, the non-defaulting party may terminate this AGREEMENT immediately upon written notice to defaulting party. C. The MORGAN HILL City Manager, or their delegatee or designee, is authorized to terminate this AGREEMENT on behalf of MORGAN HILL. D. The GILROY City Administrator, or their delegatee or designee, is authorized to terminate this AGREEMENT on behalf of GILROY. E. In the event of termination, MORGAN HILL shall deliver to GILROY copies of all reports, documents, or other data generated by MORGAN HILL for or under this AGREEMENT. GILROY shall be responsible for payment to MORGAN HILL of the cost of any services properly rendered in accordance with this Agreement prior to termination within 30 days of termination.” C. Section 16 shall be amended and replaced in its entirety by the following: “Section 16.0 WAIVER Each party to this AGREEMENT agrees that the waiver by any party of any breach or violation of any term or condition of this AGREEMENT shall not be deemed to be a waiver of any other term or condition contained herein or a waiver of any subsequent breach or violation of the same or any other term or condition of this AGREEMENT. The acceptance by any party of the performance of the services performed by MORGAN HILL or any other work or service under this AGREEMENT shall not be deemed to be a waiver of any term or condition of this AGREEMENT.” D. Exhibit “A” of the original agreement shall be amended and replaced in its entirety by the attached Exhibit “A”. E. Exhibit “B” of the original agreement shall be amended and replaced in its entirety by the attached Exhibit “B”. 6.5.a Packet Pg. 79 Attachment: Morgan Hill Stormwater and Environmental Services Agreement - 2nd Amendment (3740 : Morgan Hill Agreement for Shared 2. Conflicts. In the event of a conflict between the terms and provisions of this Second Amendment to Agreement and the terms and provisions of the STAFF SERVICES AGREEMENT, as amended, the terms of this Second Amendment to Agreement shall govern and control. 3. Authority to Execute. The individuals who are signing this Second Amendment to Agreement on behalf of entities represent and warrant that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Second Amendment to the Agreement. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT as of the EFFECTIVE DATE first set forth above. GILROY APPROVED AS TO FORM: _________________________________ Andy Faber City Attorney ATTEST: _________________________________ Thai Pham City Clerk CITY OF GILROY, a municipal corporation _________________________________ Jimmy Forbis City Administrator MORGAN HILL APPROVED AS TO FORM: _________________________________ Donald Larkin City Attorney CITY OF MORGAN HILL, a municipal corporation __________________________________ Christina Turner City Manager ATTEST: ________________________________ Michelle Bigelow, City Clerk 6.5.a Packet Pg. 80 Attachment: Morgan Hill Stormwater and Environmental Services Agreement - 2nd Amendment (3740 : Morgan Hill Agreement for Shared EXHIBIT A DESCRIPTION OF STAFF RESOURCES TO BE PROVIDED AND TERMS RELATED TO ADMINISTERING STAFF RESOURCE The purpose of this Exhibit is to describe the work anticipated to be conducted under this AGREEMENT and the general terms relating to the employment of the staff resources (STAFF) provided under this AGREEMENT. 1. Work Locations - The primary office location for STAFF shall be MORGAN HILL’s offices. If desired by GILROY and if GILROY provides a comfortable, productive, functioning, and professional workspace, STAFF shall work in GILROY offices and attend meetings and work directly with customers in GILROY. GILROY office setup including, but not limited to, computer equipment and programs, telephone, office supplies, business cards, and ergonomic needs shall be provided by GILROY. The scheduling of STAFF’s work in GILROY can be designed to provide both regular office hours and flexibility to work in GILROY at additional times as desired. STAFF scheduling shall be arranged through the MORGAN HILL manager. 2. Management and Supervision - MORGAN HILL shall provide primary management and supervision of STAFF. MORGAN HILL shall communicate monthly with GILROY to ensure that STAFF is providing expected services to GILROY. Any and all disciplinary activities, if needed, shall be conducted solely by MORGAN HILL with costs thereof shared equally by GILROY. Environmental Services Technician shall be supervised and assigned tasks by the Environmental Programs Coordinator. 3. Recruitment and Hiring - MORGAN HILL will conduct the recruitment, administer interviews, and complete background analysis to employ STAFF, with costs thereof to be shared equally by GILROY. GILROY shall be invited to participate in the interview and selection process. 4. General Description of Work Activities - While it is understood that the work associated with this AGREEMENT is dynamic and may fluctuate over time depending on General Permit requirements and GILROY’s interests, the following general work activities are expected to be core activities under the AGREEMENT: a. Track program accomplishments and work activities to develop related reports. b. Evaluate the water quality elements of development plans and provide comments to GILROY staff and development applicants. c. Conduct public education and outreach activities. d. Assist GILROY staff in identifying other General Permit requirements to be completed by other GILROY departments. e. Update and administer the requirements of the Operation and Maintenance Program for Post Construction Stormwater Treatment Features. 5. Management Services - MORGAN HILL will provide management services to GILROY relating to solid waste management, stormwater pollution prevention, and environmental services. These services will include, but not be limited to, preparing annual regulatory reports recording solid waste diversion, interacting with state and local representatives on GILROY's behalf, representing GILROY at regional meetings, and responding to queries from GILROY staff on a variety of environmental programs. 6.5.a Packet Pg. 81 Attachment: Morgan Hill Stormwater and Environmental Services Agreement - 2nd Amendment (3740 : Morgan Hill Agreement for Shared EXHIBIT B COST ESTIMATE 14-15* 15-16 16-17 17-18 18-19 Staff (50% FTE) $25,154 $62,886 $68,011 $73,554 $79,549 Indirect Service Charges $674 $1,684 $1,821 $1,970 $2,130 Training $200 $500 $500 $500 $500 Cell Phone $72 $180 $180 $180 $180 Mileage Reimbursement $100 $250 $250 $250 $250 Total Half Time Staff $26,200 $65,500 $70,762 $76,454 $82,609 Management Staff (12% FTE) $27,504 $28,355 $29,206 $30,082 $30,984 Indirect Service Charges $736 $759 $782 $805 $829 Total Management $28,241 $29,114 $29,987 $30,887 $31,814 Total $54,441 $94,614 $100,750 $107,341 $114,423 --------------------------------------------------------------------------------------------------------------------------- 19-20 20-21 21-22 22-23 23-24 Staff (50% FTE) $86,032 $93,044 $100,627 $155,100 $161,500 Indirect Service Charges $2,304 $2,492 $2,695 $2,914 $3,152 Training $500 $500 $500 $1,000 $1,000 Cell Phone $0 $0 $0 $0 $0 Mileage Reimbursement $250 $250 $250 $250 $250 Field Work Supplies/PPE $400 $400 Total Half Time Staff $89,086 $96,285 $104,071 $159,664 $166,302 Management Staff (12% FTE) $31,914 $32,871 $33,857 $26,500 $27,400 Indirect Service Charges $854 $880 $906 $933 $961 Total Management $32,768 $33,751 $34,764 $27,433 $28,361 Total $121,854 $130,036 $138,835 $187,097 $194,663 * costs for 14/15 are estimated for 40% of the fiscal year for the staff position and 100% of the fiscal year for the management position. 6.5.a Packet Pg. 82 Attachment: Morgan Hill Stormwater and Environmental Services Agreement - 2nd Amendment (3740 : Morgan Hill Agreement for Shared FIRST AMENDMENT TO AGREEMENT FOR PROVIDING STAFF SERVICES FOR THE IMPLEMENTATION OF STORMWATER PERMITTING REQUIREMENTS AND ENVIRONMENTAL SERVICES TO THE CITY OF GILROY ...,.-This FIRST AMENDMENT TO AGREEMENT is entered into and becomes effective on...Ju� 11 2-0t9 (Effective Date), by and between the CITY OF GILROY, a municipal corporation ("GILROY"), and the City of MORGAN HILL, a municipal corporation ("MORGAN HILL"). RECITALS The following recitals are a substantive part of this Agreement: 1.This First Amendment to Agreement is entered into based upon the approval of the City of MorganHill City Council on \Iii� \ S. 1 A, o I') and the City of Gilroy approval on ,TunL 111 to I q . 2.GILROY AND MORGAN HILL entered into that agreement to provide staff services (STAFFSERVICES AGREEMENT) on March 16, 2015. The agreement is attached as Exhibit "1" to this FirstAmendment. AGREEMENT THE PARTIES MUTUALLY AGREE AS FOLLOWS: 1. Amendments: All terms and conditions of the STAFF SERVICES AGREEMENT, as amended, as attached as Exhibit "1," shall remain in full force and effect; except that the following amendments shall be made as set forth below: A.Section 2 shall be amended and replaced in its entirety by the following: "Section 2. TERM. This AGREEMENT shall become effective as of the EFFECTIVE DATE and shall terminate on June 30, 2024 unless this AGREEMENT is amended or GILROY or MORGAN HILL exercises the right to terminate this AGREEMENT pursuant to Section 7 of this AGREEMENT, below." B.Section 3 shall be amended and replaced in its entirety by the following: "Section 3. STATEMENT OF COSTS. GILROY shall reimburse MORGAN HILL for all costs incurred by MORGAN HILL pursuant to this AGREEMENT, which may include, but are not limited to, direct costs for labor and benefits and training and travel expenses. The estimated costs to MORGAN HILL of the resources provided by MORGAN HILL to GILROY pursuant to this AGREEMENT are shown in EXHIBIT "B," which is attached hereto. These estimates are for budgetary purposes only and are not intended to limit the parties' obligations under this AGREEMENT. MORGAN HILL shall use all funds paid to MORGAN HILL by GILROY pursuant to this AGREEMENT solely for providing staff services to GILROY. The contribution of GILROY to MORGAN HILL under this Agreement shall not exceed $54,441 for FY 2014/2015; $94,614 for FY 2015/2016; $100,750 for FY 1 Exhibit 1 6.5.a Packet Pg. 83 Attachment: Morgan Hill Stormwater and Environmental Services Agreement - 2nd Amendment (3740 : Morgan Hill Agreement for Shared 2016/2017; $107,341 for FY 2017/18; $114,423 for FY 2018/2019; $121,854 for FY 2019/2020; $130,036 for FY 2020/2021; $138,835 for FY 2021/2022; $148,299 for FY 2022/23; and $158,480 for FY 2023/2024 unless MORGAN HILL has notified GILROY that the estimated amounts will not be adequate to reimburse MORGAN HILL for actual costs and GILROY agrees that an increase in the amount is warranted." C.Exhibit "B" of the original agreement shall be amended and replaced in its entirety by the attached Exhibit "B". 2.Conflicts.In the event of a conflict between the terms and provisions of this First Amendment to Agreement and the terms and provisions of the STAFF SERVICES AGREEMENT, the terms of this First Amendment to Agreement shall govern and control. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT as of the EFFECTIVE DATE first set forth above. fu/· GILROY APPROVED AS TO FORM: ·�An� City Attorney MORGAN HILL APPROVED AS TO FORM: -���� Donald Larkin City Attorney �61corporation Gabriel Gonzalez � -City Administrator CITY OF MORGAN HILL, �rporation 2 6.5.a Packet Pg. 84 Attachment: Morgan Hill Stormwater and Environmental Services Agreement - 2nd Amendment (3740 : Morgan Hill Agreement for Shared EXHIBITS COST ESTIMATE 14-15*15-16 16-17 17-18 18-19 Staff (50% FTE) $25,154 $62,886 $68,011 $73,554 $79,549 Indirect Service Charges $674 $1,684 $1,821 $1,970 $2,130 Training $200 $500 $500 $500 $500 Cell Phone $72 $180 $180 $180 $180 Mileage Reimbursement $100 $250 $250 $250 $250 Total HalfTime Staff $26,200 $65,500 $70,762 $76,454 $82,609 Management Staff (12% FTE) $27,504 $28,355 $29,206 $30,082 $30,984 Indirect Service Charges $736 $759 $782 $805 $829 Total Management $28,241 $29,114 $29,987 $30,887 $31,814 Total $54,441 $94,614 $100,750 $107,341 $114,423 -------... ---------------------------------------------·---------------------------·------·-·-·----------·-------------.. ---------- 19-20 20-21 21-22 22-23 23-24 Staff (50% FTE) $86,032 $93,044 $100,627 $108,828 $117,697 Indirect Service Charges $2,304 $2,492 $2,695 $2,914 $3,152 Training $500 $500 $500 $500 $500 Cell Phone $0 $0 $0 $0 $0 Mileage Reimbursement $250 $250 $250 $250 $250 Total Half Time Staff $89,086 $96,285 $104,071 $112,492 $121,599 Management Staff (12% FTE) $31,914 $32,871 $33,857 $34,873 $35,919 Indirect Service Charges $854 $880 $906 $933 $961 Total Management $32,768 $33,751 $34,764 $35,807 $36,881 Total $121,854 $130,036 $138,835 $148,299 $158,480 *costs for 14/15 are estimated for 40% of the fiscal year for the staff position and 100% of the fiscal year for the management position 3 6.5.a Packet Pg. 85 Attachment: Morgan Hill Stormwater and Environmental Services Agreement - 2nd Amendment (3740 : Morgan Hill Agreement for Shared i}1-()1-1) -·DH· DUPLICATE Orlginal Maintained by City Clerl,'s Office AGREEMENT FOR PROVIDING STAFF SERVICES FOR THE IMPLEMENTATION OF STORMWATER PERMITTING REQUIREMENTS AND ENVIRONMENTAL SERVICES TO THE CITY OF GILROY This �em�Q1 ("AGREEMENT") is made and entered in1o 1�is / l.1-/l, day of, L{Jf(') \ , 2015 ("EFFECTIVE DATE"), by and between the CITY OF GILROY, a municipal corporation ("GILROY"), and the City of MORGAN HILL, a municipal corporation ("MORGAN HILL"). RECITALS WHEREAS, MORGAN HILL and GILROY have previously adopted a Joint Regional Storm Water Management Plan (SWMP) which was accepted by the Central Coast Regional Water Quality Control Board as the implementation document for the Joint Phase II Municipal Storm Water Permit and cooperated extensively in the implementation of the SWMP; and WHEREAS, the State Water Resources Control Board adopted General Permit No. CAS000004 (Waste discharge requirements for storm water discharges from small municipal separate storm sewer systems) (General Permit) on February 5, 2013; and WHEREAS, the General Permit institutes significant new regulatory requirements that the cities must comply with and both MORGAN HILL and GILROY have budgeted for increased staff resources in order to comply with the General Permit's requirements; and WHEREAS, MORGAN HILL is hiring a new staff person to implement measures to comply with the General Permit requirements and MORGAN HILL and GILROY agree that it would be most cost efficient for all parties for MORGAN HILL to share the staff person with GILROY; and WHEREAS, GILROY and MORGAN HILL have agreed that MORGAN HILL will provide one half-time staff position to GILROY and that GILROY will reimburse MORGAN HILL for MORGAN Hill's costs incurred to employ this position and carry out this worl< In the amount of one-half of the actual costs to MORGAN HILL for the position; and WHEREAS, GILROY and MORGAN HILL have agreed that MORGAN HILL will provide part-time management services to GILROY in the,areas of solid waste management and stormwater pollution prevention and that GILROY will reimburse MORGAN HILL for MORGAN Hill's costs incurred in providing management services. NOW, THEREFORE, in consideration for the mutual promises and agreements set forth herein, the parties hereby agree as follows: 1 6.5.a Packet Pg. 86 Attachment: Morgan Hill Stormwater and Environmental Services Agreement - 2nd Amendment (3740 : Morgan Hill Agreement for Shared SECTION 1. PURPOSE; DELEGATION. SECTION 2. TERM. SECTION 3. STATEMENT OF COSTS. SECTION 4. PAYMENT FOR SERVICES. 6.5.a Packet Pg. 87 Attachment: Morgan Hill Stormwater and Environmental Services Agreement - 2nd Amendment (3740 : Morgan Hill Agreement for Shared SECTION 5. INDEMNIFICATION. In lieu of and notwithstanding the pro rata risk allocation which might othe1wise be imposed between the parties to this AGREEMENT pursuant to Government Code· Section 895.6, the Parties agree that all losses or liabilities incurred by a party shall not be shared pro rata, but instead, pursuant to Government Code Section 895.4, each of the parties hereto shall fully indemnify and hold each of the other pa1ties, its officers, board members, employees and agents, harmless from any claim, expense or cost, damage or liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of the negligent acts or omissions or willful misconduct of the indemnifying party, its officers, board members, employees or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to such party under this Agreement. No pa1ty, nor any officer, board member, employee or agent thereof shall be responsible for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of other parties hereto, their officers, board members, employees or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to such other parties under this Agreement. SECTION 6. RECORDS. MORGAN HILL shall keep itemized and detailed work or job records of all costs Incurred and services rendered pursuant to this AGREEMENT. MORGAN HILL shall maintain these records for a minimum period of three (3) years, or for any longer period required by law, fo llowing the pe1iormance of any services. SECTION 7. TERMINATION. A.MORGAN HILL or GILROY may terminate this AGREEMENT as of the first day of July of any year by giving notice to the other party not less than ninety (90) days prior to the July 1. B.If MORGAN HILL fails to perform any of its material obligations under this AGREEMENT, then, in addition to all other remedies available by law, GILROY may terminate this AGRE EMENT immediately upon written notice to MORGAN HILL. C. The MORGAN HILL City Manager, or his delegatee or designee, is authorized to terminate this AGREEMENT on behalf of MORGAN HILL. D.The GILROY City Administrator, or his delegatee or designee, is authorized to terminate this AGREEMENT on behalf of GILROY. \ E.In the event of termination, MORGAN HILL shall deliver to GILROY copies of all reports, documents, or other data generated by MORGAN HILL for or under this AGREEMENT. GILROY shall be responsible for payment to MORGAN HILL of the cost of any services properly rendered In accordance with this Agreement prior to termination within 30 days of termination. 3 6.5.a Packet Pg. 88 Attachment: Morgan Hill Stormwater and Environmental Services Agreement - 2nd Amendment (3740 : Morgan Hill Agreement for Shared SECTION 8. AMENDMENTS. This AGREEMENT may be modified only by a written amendment duly executed by the parties to this AGREEMENT. SECTION 9. NONDISCRIMINATION. No party to this AGREEMENT shall discriminate, in any way, against any person on the basis of race, sex, color, age, religion, sexual orientation, actual or perceived gender identity, disability, ethnicity, or national origin, in connection with or related to the pe1iormance of this AGREEMENT. SECTION 10. ASSIGNABILITY. MORGAN HILL acknowledges and understands that the expertise and experience of MORGAN HILL is a material consideration inducing GILROY to enter into this AGREEMENT. MORGAN HILL may not assign nor transfer any interest in this AGREEMENT, nor the performance of any of its duties and responsibilities under this AGREEMENT, without the prior written consent of GILROY. Any attempt by MORGAN HILL to so assign or transfer this AGREEMENT or the performance of any of MORGAN HILL'S duties and responsibilities under this AGREEMENT shall be null and void and of no force or effect. SECTION 11. NOTICES. All notices and other communications required or allowed to be given under this AGREEMENT to a party shall be In writing and shall be personally served or mailed, postage prepaid and return receipt requested, addressed to the respective party as follows: GILROY: MORGAN HILL: City of Gilroy Rosanna Street Gilroy, California 95020 Attention: CITY ADMINISTRATOR City of Morgan Hill PeakAvenue Morgan Hill, California 95037 Attention: CITY MANAGER SECTION 12. GOVERNING LAW. The law governing this AGREEMENT shall be that of the State of California. 4 6.5.a Packet Pg. 89 Attachment: Morgan Hill Stormwater and Environmental Services Agreement - 2nd Amendment (3740 : Morgan Hill Agreement for Shared SECTION 13. VENUE. SECTION 14. COMPLIANCE WITH LAWS. SECTION 15. OWNERSHIP OF MATERIALS. SECTION 16. WAIVER. I I I I I I I I I I I I I I I I I 6.5.a Packet Pg. 90 Attachment: Morgan Hill Stormwater and Environmental Services Agreement - 2nd Amendment (3740 : Morgan Hill Agreement for Shared or any other worl< or service under this AGREEMENT shall not be deemed to be a waiver of any term or condition of this AGREEMENT. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT as of the EFFECTIVE DATE first set forth above. GILROY APPROVED AS TO FORM: L-iAcla-ea11on--� � ��.,7 City Attorney MORGAN HILL APPROVED AS TO FORM: Renee G r a City Attorney CITY OF GILROY, Q unlclpal corporation i 6 Thomas J. aglund City Administrator CITY OF MORGAN HILL, a municipal corporation Slf'--Steve Ryme City Manager 6.5.a Packet Pg. 91 Attachment: Morgan Hill Stormwater and Environmental Services Agreement - 2nd Amendment (3740 : Morgan Hill Agreement for Shared EXHIBIT A DESCRIPTION OF STAFF RESOURCES TO BE PROVIDED AND TERMS RELATED TO ADMINISTERING STAFF RESOURCE The purpose of this Exhibit is to describe the work anticipated to be conducted under this AGREEMENT and the general terms relating to the employment of the staff resources (STAFF) provided under this AGREEMENT. 1.Work Locations -The primary office location for STAFF shall be MORGAN Hill's offices. If desired by GILROY and if GILROY provides a reasonable work location, STAFF shall work in GILROY offices and attend meetings and work directly with customers in GILROY. The scheduling of STAFF's work in GILROY can be designed to provide both regular office hours and flexibility to work in GILROY at additional times as desired. STAFF scheduling shall be arranged through the MORGAN HILL manager. 2.Management and Supervision -MORGAN HILL shall provide primary management and supervision of STAFF. MORGAN HILL shall communicate monthly with GILROY to ensure that STAFF is providing expected services to GILROY. Any and all disciplinary activities, if needed, shall be conducted solely by MORGAN HILL with costs thereof shared equally by GILROY. 3.Recruitment and Hiring -MORGAN HILL will conduct the recruitment, administer interviews, and complete background analysis to employ STAFF, with costs thereof to be shared equally by GILROY. GILROY shall be invited to participate in the interview and selection process. 4.General Description of Work Activities -While it is understood that the work associated with this AGREEMENT is dynamic and may fluctuate over time depending on General Permit requirements and GILROY's interests, the following general work activities are expected to be core activities under the AGREEMENT: a.Track program accomplishments and work activities to develop related reports. b.Evaluate the water quality elements of development plans and provide comments to GILROY staff and development applicants. c.Conduct public education and outreach activities. d.Assist GILROY staff in identifying other General Permit requirements to be completed by other GILROY departments. 5.Management Services -MORGAN HILL will provide management services to GILROY relating to solid waste management, stormwater pollution prevention, and environmental services. These services Will include, but not be limited to, preparing annual regulatory reports recording solid waste diversion, interacting with state and local representatives on GILROY's behalf, representing GILROY at regional meetings, and responding to queries from GILROY staff on a variety of environmental programs. 7 6.5.a Packet Pg. 92 Attachment: Morgan Hill Stormwater and Environmental Services Agreement - 2nd Amendment (3740 : Morgan Hill Agreement for Shared Staff (50% FTE) Indirect Service Charges Training Cell Phone Mileage Reimbursement Total Half Time Staff Management Staff (12% FTE) Indirect Service Charges Total Management Total EXHIBIT B COST ESTIMATE 14-15*15-16 $25,154 $62,886 $674 $1,684 $200 $500 $72 $180 $100 $250 $26,200 $65,500 $27,504 $28,355 $736 $759 $28,241 $2 9,114 $54,441 $94,614 16-17 17-18 $68,011 $73,554 $1,821 $1,970 $500 $500 $180 $180 $250 $250 $70,762 $76,454 $29,206 $30,082 $782 $805 $29,987 $30,887 $100,750 $107,341 *costs for 14/15 are estimate d for 40% of the fiscal year for the staff position and 100% of the fiscal year for the management position 8 18-19 $79,549 $2,130 $500 $180 $250 $82,609 $30,984 $829 $31,814 $114,423 6.5.a Packet Pg. 93 Attachment: Morgan Hill Stormwater and Environmental Services Agreement - 2nd Amendment (3740 : Morgan Hill Agreement for Shared Exhibit 16.5.aPacket Pg. 94Attachment: Morgan Hill Stormwater and Environmental Services Agreement - 2nd Amendment (3740 : Morgan Hill Agreement for Shared SECTION 1. PURPOSE; DELEGATION. SECTION 2. TERM. SECTION 3. STATEMENT OF COSTS. SECTION 4. PAYMENT FOR SERVICES. 6.5.a Packet Pg. 95 Attachment: Morgan Hill Stormwater and Environmental Services Agreement - 2nd Amendment (3740 : Morgan Hill Agreement for Shared SECTION 5. INDEMNIFICATION. In lieu of and notwithstanding the pro rata risk allocation which might otherwise be imposed between the parties to this AGREEMENT pursuant to Government Code· Section 895.6, the Parties agree that all losses or liabilities incurred by a party shall not be shared pro rata, but instead, pursuant to Government Code Section 895.4, each of the parties hereto shall fully indemnify and hold each of the other parties, its officers, board members, employees and agents, harmless from any claim, expense or cost, damage or liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of the negligent acts or omissions or willful misconduct of the indemnifying party, its officers, board members, employees or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to such party under this Agreement. No party, nor any officer, board member, employee or agent thereof shall be responsible for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of other parties hereto, their officers, board members, employees or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to such other parties under this Agreement. SECTION 6. RECORDS. MORGAN HILL shall keep itemized and detailed work or job records of all costs incurred and services rendered pursuant to this AGREEMENT. MORGAN HILL shall maintain these records for a minimum period of three (3) years, or for any longer period required by law, following the performance of any services. SECTION 7. TERMINATION. A.MORGAN HILL or GILROY may terminate this AGREEMENT as of the first day of July of any year by giving notice to the other party not less than ninety (90) days prior to the July 1. B.If MORGAN HILL fails to perform any of its material obligations under this AGREEMENT, then, in addition to all other remedies available by law, GILROY may terminate this AGREEMENT immediately upon written notice to MORGAN HILL. C.The MORGAN HILL City Manager, or his delegatee or designee, is authorized to terminate this AGREEMENT on behalf of MORGAN HILL. D.The GILROY City Administrator, or his delegatee or designee, is authorized to terminate this AGREEMENT on behalf of GILROY. E.In the event of termination, MORGAN HILL shall deliver to GILROY copies of all reports, documents, or other data generated by MORGAN HILL for or under this AGREEMENT. GILROY shall be responsible for payment to MORGAN HILL of the cost of any services properly rendered in accordance with this Agreement prior to termination within 30 days of termination. 3 6.5.a Packet Pg. 96 Attachment: Morgan Hill Stormwater and Environmental Services Agreement - 2nd Amendment (3740 : Morgan Hill Agreement for Shared SECTION 8. AMENDMENTS. SECTION 9. NON DISCRIMINATION. SECTION 10. ASSIGNABILITY. SECTION 11. NOTICES. SECTION 12. GOVERNING LAW. 6.5.a Packet Pg. 97 Attachment: Morgan Hill Stormwater and Environmental Services Agreement - 2nd Amendment (3740 : Morgan Hill Agreement for Shared SECTION 13. VENUE. SECTION 14. COMPLIANCE WITH LAWS. SECTION 15. OWNERSHIP OF MATERIALS. SECTION 16. WAIVER. 6.5.a Packet Pg. 98 Attachment: Morgan Hill Stormwater and Environmental Services Agreement - 2nd Amendment (3740 : Morgan Hill Agreement for Shared or any other work or service under this AGREEMENT shall not be deemed to be a waiver of any term or condition of this AGREEMENT. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT as of the EFFECTIVE DATE first set forth above. GILROY APPROVED AS TO FORM: LtfH:itrea11m.--i\ � �� ) City Attorney MORGAN HILL APPROVED AS TO FORM: '/10 1� Ren� Guga City Attorney 6 CITY OF GILROY, a unicipal corporation Thomas J. aglund City Administrator CITY OF MORGAN HILL, a municipal corporation St��-- City Manager 6.5.a Packet Pg. 99 Attachment: Morgan Hill Stormwater and Environmental Services Agreement - 2nd Amendment (3740 : Morgan Hill Agreement for Shared EXHIBIT A DESCRIPTION OF STAFF RESOURCES TO BE PROVIDED AND TERMS REL ATED TO ADMINISTERING STAFF RESOURCE The purpose of this Exhibit is to describe the work anticipated to be conducted under this AGREEMENT and the general terms relating to the employment of the staff resources (STAFF) provided under this AGREEMENT. 1.Work Locations -The primary office location for STAFF shall be MORGAN Hill's offices. If desired by GILROY and if GILROY provides a reasonable work location, STAFF shall work in GILROY offices and attend meetings and work directly with customers in GILROY. The scheduling of STAFF's work in GILROY can be designed to provide both regular office hours and flexibility to work in GILROY at additional times as desired. STAFF scheduling shall be arranged through the MORGAN HILL manager. 2.Management and Supervision -MORGAN HILL shall provide primary management and supervision of STAFF. MORGAN HILL shall communicate monthly with GILROY to ensure that STAFF is providing expected services to GILROY. Any and all disciplinary activities, if needed, shall be conducted solely by MORGAN HILL with costs thereof shared equally by GILROY. 3.Recruitment and Hiring -MORGAN HILL will conduct the recruitment, administer interviews, and complete background analysis to employ STAFF , with costs thereof to be shared equally by GILROY. GILROY shall be invited to participate in the interview and selection process. 4.General Description of Work Acti vities -While it is understood that the work associated with this AGREEMENT is dynamic and may fluctuate over time depending on General Permit requirements and GILROY's interests, the following general work activities are expected to be core activities under the AGREEMENT: a.Track program accomplishments and work activities to develop related reports. b.Evaluate the water quality elements of development plans and provide comments to GILROY staff and development applicants. c.Conduct public education and outreach activities. d.Assist GILROY staff in identifying other General Permit requirements to be completed by other GILROY departments. 5.Management Services -MORGAN HILL will provide management services to GILROY relating to solid waste management, stormwater pollution prevention, and environmental services. These services will include, but not be limited to, preparing annual regulatory reports recording solid waste diversion, interacting with state and local representatives on GILROY's behalf, representing GILROY at regional meetings, and responding to queries from GILROY staff on a variety of environmental programs. 7 6.5.a Packet Pg. 100 Attachment: Morgan Hill Stormwater and Environmental Services Agreement - 2nd Amendment (3740 : Morgan Hill Agreement for Shared Staff (50% FTE} Indirect Service Charges Training Cell Phone Mileage Reimbursement Total Half Time Staff Management Staff (12% FTE) Indirect Service Charges Total Management EXHIBIT B COST ESTIMATE 14-15*15-16 $25,154 $62,886 $674 $1,684 $200 $500 $72 $180 $100 $250 $26,200 $65,500 $27,504 $28,355 $736 $759 $28,241 $29,1 14 16-17 17-18 18-19 $68,011 $73,554 $79,549 $1,821 $1,970 $2,130 $500 $500 $500 $180 $180 $180 $250 $250 $250 $70,762 $76,454 $82,609 $29,206 $30,082 $30,984 $782 $805 $829 $29,987 $30,887 $31,814 Total $54,441 $94,614 $100,750 $107,341 $114,423 *costs for 14/15 are estimated for 40% of the fiscal year for the staff position and 100% of the fiscal year for the management position 8 6.5.a Packet Pg. 101 Attachment: Morgan Hill Stormwater and Environmental Services Agreement - 2nd Amendment (3740 : Morgan Hill Agreement for Shared RESOLUTION NO. 2022-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING THE BUDGET FOR THE CITY OF GILROY FOR FISCAL YEAR 2022-2023 IN THE GENERAL FUND AND APROPRIATING PROPOSED EXPENDITURE AMENDMENTS WHEREAS, the City Council adopted a budget for the City of Gilroy for the Fiscal Year 2022-2023 on June 7, 2021; and WHEREAS, City Staff has prepared and submitted to the City Council a proposed amendment to said budget for Fiscal Year 2022-2023 for the City of Gilroy in the staff report dated April 18, 2022. The purpose of such amendment is to increase the Environmental Program Fund (100-2404) by $38,798 and appropriate proposed expenditure for the shared services agreement; and WHEREAS, the City Council has carefully examined and considered the same and is satisfied with said budget amendments. NOW, THEREFORE, BE IT RESOLVED THAT appropriations for Fiscal Year 2022-23 are hereby increased in the Environmental Program Contractual Services (100-2404), by $38,798. PASSED AND ADOPTED this 18th day of April 2022 by the following roll call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: APPROVED: Marie Blankley, Mayor ATTEST: ___________________________________ Thai Nam Pham, City Clerk 6.5.b Packet Pg. 102 Attachment: DRAFT Budget Amendment Resolution (3740 : Morgan Hill Agreement for Shared Environmental and Stormwater Services) City of Gilroy STAFF REPORT Agenda Item Title: Claim of Petra Reynoso (The City Administrator recommends a “yes” vote under the Consent Calendar shall constitute the denial of the claim) Meeting Date: April 18, 2022 From: Jimmy Forbis, City Administrator Department: Human Resources Department Submitted By: LeeAnn McPhillips Prepared By: LeeAnn McPhillips Strategic Plan Goals ☐ Develop a Financially Resilient Organization ☐ Ensure Neighborhood Equity from City Services ☐ Promote Economic Development Activities ☐ Promote Safe, Affordable Housing for All ☐ Maintain and Improve City Infrastructure RECOMMENDATION Based on the recommendation from Municipal Pooling Authority (MPA) and/or legal counsel, this claim is recommended for rejection. 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 April 18, 2022 meeting: • Claim of Petra Reynoso Attachments: 6.6 Packet Pg. 103 1. Claim of Petra Reynoso 6.6 Packet Pg. 104 6.6.a Packet Pg. 105 Attachment: Claim of Petra Reynoso (3729 : Claim of Petra Reynoso) 6.6.a Packet Pg. 106 Attachment: Claim of Petra Reynoso (3729 : Claim of Petra Reynoso) City of Gilroy STAFF REPORT Agenda Item Title: Claim of Jose Manuel Reynoso, Sr. (The City Administrator recommends a “yes” vote under the Consent Calendar shall constitute the denial of the claim) Meeting Date: April 18, 2022 From: Jimmy Forbis, City Administrator Department: Human Resources Department Submitted By: LeeAnn McPhillips Prepared By: LeeAnn McPhillips Strategic Plan Goals ☐ Develop a Financially Resilient Organization ☐ Ensure Neighborhood Equity from City Services ☐ Promote Economic Development Activities ☐ Promote Safe, Affordable Housing for All ☐ Maintain and Improve City Infrastructure RECOMMENDATION Based on the recommendation from Municipal Pooling Authority (MPA) and/or legal counsel, this claim is recommended for rejection. 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 April 18, 2022 meeting: • Claim of Jose Manuel Reynoso, Sr. Attachments: 6.7 Packet Pg. 107 1. Claim of Jose Manuel Reynoso, Sr. 6.7 Packet Pg. 108 6.7.a Packet Pg. 109 Attachment: Claim of Jose Manuel Reynoso, Sr. (3728 : Claim of Jose Manuel Reynoso, Sr.) 6.7.a Packet Pg. 110 Attachment: Claim of Jose Manuel Reynoso, Sr. (3728 : Claim of Jose Manuel Reynoso, Sr.) City of Gilroy STAFF REPORT Agenda Item Title: Award a Contract to Norcal Contractor for the Eigleberry and Seventh Parking Lot Project (No. 20-PW-444), and approve a project expenditure of $2,310,000 Meeting Date: April 18, 2022 From: Jimmy Forbis, City Administrator Department: Public Works Department Submitted By: Daryl Jordan Prepared By: Gary Heap Gary Heap Strategic Plan Goals ☐ Develop a Financially Resilient Organization ☐ Ensure Neighborhood Equity from City Services  Promote Economic Development Activities ☐ Promote Safe, Affordable Housing for All ☐ Maintain and Improve City Infrastructure RECOMMENDATION a) Adopt a resolution of the City Council of the City of Gilroy amending the Fiscal Year 2021-22 budget to appropriate an additional $810,000 to this project: $300,000 from the fund balance in the Facilities Internal Service Fund (Fund 651); $260,000 from the fund balance in the Capital Projects Fund (Fund 400); and $250,000 in a pavement program reimbursement t ransfer from the Gas Tax Fund (Fund 213) into the Capital Projects Fund (Fund 400), and appropriate its use for the project. b) Award a Contract to Norcal Contractor in the amount of $1,825,485.38 with an additional project contingency of $182,549 (10%), for a total construction cost of $2,008,034 and $301,966 for costs associated with design, permitting and advertising for a total project cost of $2,310,000 for the Eigleberry and Seventh Parking Lot Project, No. 20-PW-444, and authorize the City Administrator to 7.1 Packet Pg. 111 execute the contract and associated documents. EXECUTIVE SUMMARY The Eigleberry and Seventh Parking Lot Project, No. 20 -PW-444, (Project) includes construction of a 140-space surface parking lot along Seventh Street between Eigleberry Street and Gourmet Alley. On November 16, 2020, Council approved the Capital Improvement Program for fiscal years 2020-2021 through 2024-2025 and adopted a resolution that amended the budget for fiscal year 2020-2021 and appropriated proposed expenditure amendments for the Capital Improvement Program for fiscal years 2020-2021 through 2024-2025. Staff received six bids for the construction of the Project. The lowest responsive Base Bid (including 10% contingency) was $1,862,366. The Project includes two Bid Alternates. The total construction cost for the Base Bid, Bid Alternate No. 1, and Bid Alternate No. 2 (including 10% contingency) is $2,008,034. Staff is recommending Council adopt a resolution to amend the budget for the fiscal year 2021-2022 and increase appropriations in the Capital Projects Fund (Fund 400) by $810,000 to fully fund the Project. The total cost of the project, including design, construction of the base bid items and the amenities provided by the two bid alternatates, contingency, and incidental costs is a maximum of $2,310,000. BACKGROUND In January of 2020, to address the need for additional parking in the Downtown, Council approved to apply funding towards the design and construction of a new surface parking lot at the northeast corner of Eigleberry and Seventh Streets. On November 16, 2020, Council approved the FY2021 through FY2025 Capital Improvement Program and adopted the related budget action funding the project estimate of $1,500,000. It is important to note that these estimates were placeholders until the project could be bid. As the bids reflect, the cost of both materials and labor have significantly increased over the past two years for numerous reasons. Labor shortages in the construction industry and skyrocketing oil prices are driving up asphalt prices to name a few. On September 21, 2020, Council awarded a contract to BKF Engineers in the amount of $241,396 for the design of the Project. Council was presented with three alternative parking lot layout options on April 19, 2021. Th ese designs were presented in meetings with the Chamber of Commerce, Gilroy Downtown Business Association, Bicycle Pedestrian Commission, and a public meeting with the surrounding neighborhood on June 24, 2021. Council approved layout Alternative 2 and dir ected staff to move forward with finalizing the design of the Project. The Project includes construction of a 140 -space surface parking lot along Seventh Street between Eigleberry Street and Gourmet Alley, with hot mix asphalt paving and 7.1 Packet Pg. 112 associated signing and striping; concrete flatwork; ADA-compliant curb ramps; a bioretention facility and drainage infrastructure; electric vehicle (EV) charging infrastructure; lighting; landscaping; and various bicycle and pedestrian amenities. The project had three main alternative designs that were presented to multiple stakeholder groups and the City Council. Ultimately, Alternative #2 was selected, as it provided the highest number of parking spaces, represented the lowest cost, and had the most support among the stakeholders. ANALYSIS The Project was advertised in the San Jose Mercury News and on the City’s website on March 18, 2022. There was one addendum issued for the Project. Staff conducted the bid opening on April 5, 2022. Staff received six bids for the Project. A summary of the bids is provided below. Rank Company Base Bid Bid Alt 1 Bid Alt 2 Total Bid 1 Norcal Contractor $1,693,059.58 $102,495.80 $29,930.00 $1,825,485.38 2 The Don Chapin Company, Inc. $2,195,000.00 $110,000.00 $7,000.00 $2,312,000.00 3 Monterey Peninsula Engineering $2,199,480.00 $120,000.00 $10,000.00 $2,329,480.00 4 Granite Rock Company $2,258,779.00 $113,000.00 $30,475.00 $2,402,254.00 5 Anderson Pacific Engineering Construction, Inc. $2,293,445.00 $95,000.00 $43,000.00 $2,431,445.00 6 Redgwick Construction Co $2,421,475.00 $93,200.00 $24,750.00 $2,539,425.00 Bid Alternate #1 is for the installation of seven (7) electric vehicle charging stations in the southeast corner of the parking lot. Bid Alternate #2 is for the installation of two (2) bike lockers bike lockers with the capacity to store two bicycles each. The lowest responsive bidder was based on the Base Bids. Staff recommends awarding the contract to the lowest responsive bidder, Norcal Contractor, with a total bid of $1,825,485.38. The lowest Base Bid was approximately 20% lower than the Engineer’s Estimate. 7.1 Packet Pg. 113 ALTERNATIVES Council may alternatively choose to do the following: 1. Council may reject all bids. Staff does not recommend this option. Future bids will likely see higher prices, and this project is one of the three Council economic development project goals. 2. Council may award just the base bid. Staff does not recommend this option. This would result in the parking lot having the underground infrastructure for ele ctric vehicle charging, but not the above-ground electric vehicle chargers. The above - ground electric vehicle chargers would need to be added at a later date, most likely at a higher cost. The parking lot would also lack bike lockers. The addition of bike lockers would promote active transportation within the community. 3. Council may award the base bid and only one of the two bid alternates. Staff does not recommend this option for the reasons stated above. FISCAL IMPACT/FUNDING SOURCE The Total Bid, including the Base Bid and Bid Alternates 1 and 2, is $1,825,485.38. Staff recommends including a 10% contingency of $182,549, for a total construction allocation of $2,008,034. The contingency is intended to account for unforeseen conditions or changes in the scope of work that may occur during construction. Project Description Associated Costs Design & Incidentals* – (BKF) $301,966 Construction – (Norcal) – Base Bid $1,693,059.58 Construction – (Norcal) – Bid Alt #1 $102,495.80 Construction – (Norcal) – Bid Alt #2 $29,930.00 10% Construction Contingency $182,549 Construction + Contingency Total $2,008,034 Total Project Cost (Design + Construction) $2,310,000 *Includes design, permitting, PG&E costs, CEQA, etc. The total cost of the Project, including design, construction, contingency, and incidental costs is a maximum of $2,310,000. To ensure this project is a success, it is recommended that the additional alternatives are included in this project, even with the higher amount than originally budgeted. Staff recommends the City Council adopt a resolution to amend the FY22 budget to appropriate an additional $810,000 for a total of $2,310,000 to construct the Project. 7.1 Packet Pg. 114 During 2020 the City Council authorized the usage of unassigned General Fund fund balance to be transferred to the Capital Projects Fund for this project, and a total of $1,500,000 was approved via the adoption of the Capital Improvement Program. To fully fund the Project, a series of appropriations from various fund balances are needed. These include: 1. $300,000 in appropriations from the fund balance in the Facilities Internal Service Fund (Fund 651), and transfer to and appropriate within the Capital Projects Fund (Fund 400) for this project. The City received a grant from the California Office of Emergency Services (CalOES) for the City Hall Backup Generator project in the amount of $300,000 which would have otherwise came from the Facilities fund balance. 2. $260,000 in appropriations from the fund balance currently in the Capital Projects Fund (Fund 400) to be appropriated for this project. These funds were originally allocated for land acquisition associated with the agriculture mitigation for the Sports Park, but in the pandemic Recovery Plan that allocation was cancelled resulting in this fund balance being available. 3. $250,000 in a reimbursement transfer from the Gas Tax Fund (Fund 213) to the Capital Projects Fund (Fund 400) to be appropriated for this project. Funding Source Adopted FY22 Budget Proposed FY22 Amended Budget Proposed Budget Amendment Sources Capital Projects Fund (400) $1,500,000 $2,310,000 $260,000 Facilities Internal Service Fund (651) $0 $0 $300,000 Gas Tax Fund (213) Reimbursement $0 $0 $250,000 Total $1,500,000 $2,310,000 $810,000 Staff feels that this project is of such a high priority that we are proposing to allocate fund balances to the project, including reimbursements from the Gas Tax fund for some pavement projects, to make sure the new parking lot at Eigleberry and Seventh Street turns out to be a signature project. This is also important as this project will essentially be located at the southern entrance/exit for Gourmet Alley, one of the three economic development project priorities of the City Council. This parking lot project will complement the Gourmet Alley project, each adding to the benefit of the other. Development of this project and the timing of the Clean California grant award for development of Gourmet Alley is extremely fortuitous, allowing both projects to continue development concurrently, and for construction of these capital projects to be within 1-2 years of each other. 7.1 Packet Pg. 115 PUBLIC OUTREACH Residents and businesses affected by the Project will be notified two weeks and 48 hours in advance of the start of construction. The project and its de sign alternatives were presented to multiple stakeholder groups, including the City Council, Chamber of Commerce, Gilroy Downtown Business Association, Bicycle Pedestrian Commission, and a public meeting with the surrounding neighborhood on June 24, 2021. NEXT STEPS Upon Council’s approval of this contract, the contract will be executed and Staff will work with the contractor to develop a final project schedule. Construction is expected to begin this Summer of 2022 and be substantially completed in December 2022. Attachments: 1. Norcal Contractor - Agreement 2. 20-PW-444 Plans 3. Resolution Budget Amendment 7.1 Packet Pg. 116 7.1.a Packet Pg. 117 Attachment: Norcal Contractor - Agreement (3684 : Award Contract for Eigleberry and Seventh Parking Lot Project) 7.1.a Packet Pg. 118 Attachment: Norcal Contractor - Agreement (3684 : Award Contract for Eigleberry and Seventh Parking Lot Project) 7.1.a Packet Pg. 119 Attachment: Norcal Contractor - Agreement (3684 : Award Contract for Eigleberry and Seventh Parking Lot Project) 3/16/2022 7.1.b Packet Pg. 120 Attachment: 20-PW-444 Plans (3684 : Award Contract for Eigleberry and Seventh Parking Lot Project) GENERAL NOTES 2 NTSCITY OF GILROY DEPARTMENT OF PUBLIC WORKS 7351 ROSANNA STREET GILROY, CALIFORNIA 95020 MAIN (408) 846-0451 I FAX (408) 846-0469 DOWNTOWN PROJECT EIGLEBERRY AND SEVENTH PARKING LOT 41 AL WL MC 3/14/2022 20-PW-444 3/15/2022 3/14/2022 3/14/2022 1730 N. FIRST STREET SUITE 600 SAN JOSE, CA 95112 (408) 467-9135 www.bkf.com GN-1 7.1.b Packet Pg. 121 Attachment: 20-PW-444 Plans (3684 : Award Contract for Eigleberry and Seventh Parking Lot Project) CITY OF GILROY DEPARTMENT OF PUBLIC WORKS 7351 ROSANNA STREET GILROY, CALIFORNIA 95020 MAIN (408) 846-0451 I FAX (408) 846-0469 DOWNTOWN PROJECT EIGLEBERRY AND SEVENTH PARKING LOT 41 AL WL MC 3/14/2022 20-PW-444 3/15/2022 3/14/2022 3/14/2022 1730 N. FIRST STREET SUITE 600 SAN JOSE, CA 95112 (408) 467-9135 www.bkf.com PROJECT CONTROL PLAN 3 PC-11" = 30' 7.1.b Packet Pg. 122 Attachment: 20-PW-444 Plans (3684 : Award Contract for Eigleberry and Seventh Parking Lot Project) CITY OF GILROY DEPARTMENT OF PUBLIC WORKS 7351 ROSANNA STREET GILROY, CALIFORNIA 95020 MAIN (408) 846-0451 I FAX (408) 846-0469 DOWNTOWN PROJECT EIGLEBERRY AND SEVENTH PARKING LOT 41 AL WL MC 3/14/2022 20-PW-444 3/15/2022 3/14/2022 3/14/2022 1730 N. FIRST STREET SUITE 600 SAN JOSE, CA 95112 (408) 467-9135 www.bkf.com TYPICAL CROSS SECTIONS 4 X-1NTS 7.1.b Packet Pg. 123 Attachment: 20-PW-444 Plans (3684 : Award Contract for Eigleberry and Seventh Parking Lot Project) CITY OF GILROY DEPARTMENT OF PUBLIC WORKS 7351 ROSANNA STREET GILROY, CALIFORNIA 95020 MAIN (408) 846-0451 I FAX (408) 846-0469 DOWNTOWN PROJECT EIGLEBERRY AND SEVENTH PARKING LOT 41 AL WL MC 3/14/2022 20-PW-444 3/15/2022 3/14/2022 3/14/2022 1730 N. FIRST STREET SUITE 600 SAN JOSE, CA 95112 (408) 467-9135 www.bkf.com DEMOLITION PLAN 5 DM-11" = 20' 7.1.b Packet Pg. 124 Attachment: 20-PW-444 Plans (3684 : Award Contract for Eigleberry and Seventh Parking Lot Project) CITY OF GILROY DEPARTMENT OF PUBLIC WORKS 7351 ROSANNA STREET GILROY, CALIFORNIA 95020 MAIN (408) 846-0451 I FAX (408) 846-0469 DOWNTOWN PROJECT EIGLEBERRY AND SEVENTH PARKING LOT 41 AL WL MC 3/14/2022 20-PW-444 3/15/2022 3/14/2022 3/14/2022 1730 N. FIRST STREET SUITE 600 SAN JOSE, CA 95112 (408) 467-9135 www.bkf.com LAYOUT PLAN 6 L-11" = 20' 7.1.b Packet Pg. 125 Attachment: 20-PW-444 Plans (3684 : Award Contract for Eigleberry and Seventh Parking Lot Project) CITY OF GILROY DEPARTMENT OF PUBLIC WORKS 7351 ROSANNA STREET GILROY, CALIFORNIA 95020 MAIN (408) 846-0451 I FAX (408) 846-0469 DOWNTOWN PROJECT EIGLEBERRY AND SEVENTH PARKING LOT 41 AL WL MC 3/14/2022 20-PW-444 3/15/2022 3/14/2022 3/14/2022 1730 N. FIRST STREET SUITE 600 SAN JOSE, CA 95112 (408) 467-9135 www.bkf.com GRADING & DRAINAGE PLAN 7 GD-11" = 20' 7.1.b Packet Pg. 126 Attachment: 20-PW-444 Plans (3684 : Award Contract for Eigleberry and Seventh Parking Lot Project) CITY OF GILROY DEPARTMENT OF PUBLIC WORKS 7351 ROSANNA STREET GILROY, CALIFORNIA 95020 MAIN (408) 846-0451 I FAX (408) 846-0469 DOWNTOWN PROJECT EIGLEBERRY AND SEVENTH PARKING LOT 41 AL WL MC 3/14/2022 20-PW-444 3/15/2022 3/14/2022 3/14/2022 1730 N. FIRST STREET SUITE 600 SAN JOSE, CA 95112 (408) 467-9135 www.bkf.com DRAINAGE PROFILE 8 GD-2AS SHOWN 7.1.b Packet Pg. 127 Attachment: 20-PW-444 Plans (3684 : Award Contract for Eigleberry and Seventh Parking Lot Project) CITY OF GILROY DEPARTMENT OF PUBLIC WORKS 7351 ROSANNA STREET GILROY, CALIFORNIA 95020 MAIN (408) 846-0451 I FAX (408) 846-0469 DOWNTOWN PROJECT EIGLEBERRY AND SEVENTH PARKING LOT 41 AL WL MC 3/14/2022 20-PW-444 3/15/2022 3/14/2022 3/14/2022 1730 N. FIRST STREET SUITE 600 SAN JOSE, CA 95112 (408) 467-9135 www.bkf.com UTILITY PLAN 9 U-11" = 20' 7.1.b Packet Pg. 128 Attachment: 20-PW-444 Plans (3684 : Award Contract for Eigleberry and Seventh Parking Lot Project) CITY OF GILROY DEPARTMENT OF PUBLIC WORKS 7351 ROSANNA STREET GILROY, CALIFORNIA 95020 MAIN (408) 846-0451 I FAX (408) 846-0469 DOWNTOWN PROJECT EIGLEBERRY AND SEVENTH PARKING LOT 41 AL WL MC 3/14/2022 20-PW-444 3/15/2022 3/14/2022 3/14/2022 1730 N. FIRST STREET SUITE 600 SAN JOSE, CA 95112 (408) 467-9135 www.bkf.com CONSTRUCTION DETAILS 10 CD-1NTS CURB RAMP DETAILS MONOLITHIC CURB & GUTTER CURB & GUTTER REPLACEMENT TYPE "A-1" CURB MONOLITHIC SIDEWALK NON-RESIDENTIAL DRIVEWAY CURB RAMP DETAILS 7.1.b Packet Pg. 129 Attachment: 20-PW-444 Plans (3684 : Award Contract for Eigleberry and Seventh Parking Lot Project) CITY OF GILROY DEPARTMENT OF PUBLIC WORKS 7351 ROSANNA STREET GILROY, CALIFORNIA 95020 MAIN (408) 846-0451 I FAX (408) 846-0469 DOWNTOWN PROJECT EIGLEBERRY AND SEVENTH PARKING LOT 41 AL WL MC 3/14/2022 20-PW-444 3/15/2022 3/14/2022 3/14/2022 1730 N. FIRST STREET SUITE 600 SAN JOSE, CA 95112 (408) 467-9135 www.bkf.com CONSTRUCTION DETAILS 11 CD-2NTS ACCESSIBLE PARKING OFF-STREET SAWCUT DETAIL TRENCH RESTORATION/BACKFILL CURB DRAIN SEPARATED SIDEWALK 7.1.b Packet Pg. 130 Attachment: 20-PW-444 Plans (3684 : Award Contract for Eigleberry and Seventh Parking Lot Project) CITY OF GILROY DEPARTMENT OF PUBLIC WORKS 7351 ROSANNA STREET GILROY, CALIFORNIA 95020 MAIN (408) 846-0451 I FAX (408) 846-0469 DOWNTOWN PROJECT EIGLEBERRY AND SEVENTH PARKING LOT 41 AL WL MC 3/14/2022 20-PW-444 3/15/2022 3/14/2022 3/14/2022 1730 N. FIRST STREET SUITE 600 SAN JOSE, CA 95112 (408) 467-9135 www.bkf.com CONSTRUCTION DETAILS 12 CD-31" = 5' DETAIL DETAIL DETAIL DETAIL DETAIL 7.1.b Packet Pg. 131 Attachment: 20-PW-444 Plans (3684 : Award Contract for Eigleberry and Seventh Parking Lot Project) CITY OF GILROY DEPARTMENT OF PUBLIC WORKS 7351 ROSANNA STREET GILROY, CALIFORNIA 95020 MAIN (408) 846-0451 I FAX (408) 846-0469 DOWNTOWN PROJECT EIGLEBERRY AND SEVENTH PARKING LOT 41 AL WL MC 3/14/2022 20-PW-444 3/15/2022 3/14/2022 3/14/2022 1730 N. FIRST STREET SUITE 600 SAN JOSE, CA 95112 (408) 467-9135 www.bkf.com CONSTRUCTION DETAILS 13 CD-4AS SHOWN SECTION BIORETENTION AREA SECTION 7.1.b Packet Pg. 132 Attachment: 20-PW-444 Plans (3684 : Award Contract for Eigleberry and Seventh Parking Lot Project) CITY OF GILROY DEPARTMENT OF PUBLIC WORKS 7351 ROSANNA STREET GILROY, CALIFORNIA 95020 MAIN (408) 846-0451 I FAX (408) 846-0469 DOWNTOWN PROJECT EIGLEBERRY AND SEVENTH PARKING LOT 41 AL WL MC 3/14/2022 20-PW-444 3/15/2022 3/14/2022 3/14/2022 1730 N. FIRST STREET SUITE 600 SAN JOSE, CA 95112 (408) 467-9135 www.bkf.com CONSTRUCTION DETAILS 14 CD-5AS SHOWN SECTION BIORETENTION AREA SECTION 7.1.b Packet Pg. 133 Attachment: 20-PW-444 Plans (3684 : Award Contract for Eigleberry and Seventh Parking Lot Project) CITY OF GILROY DEPARTMENT OF PUBLIC WORKS 7351 ROSANNA STREET GILROY, CALIFORNIA 95020 MAIN (408) 846-0451 I FAX (408) 846-0469 DOWNTOWN PROJECT EIGLEBERRY AND SEVENTH PARKING LOT 41 AL WL MC 3/14/2022 20-PW-444 3/15/2022 3/14/2022 3/14/2022 1730 N. FIRST STREET SUITE 600 SAN JOSE, CA 95112 (408) 467-9135 www.bkf.com CONSTRUCTION DETAILS 15 CD-6NTS CONCRETE LATERAL BRACING CONCRETE LATERAL BRACING STANDARD FIELD INLET 7.1.b Packet Pg. 134 Attachment: 20-PW-444 Plans (3684 : Award Contract for Eigleberry and Seventh Parking Lot Project) CITY OF GILROY DEPARTMENT OF PUBLIC WORKS 7351 ROSANNA STREET GILROY, CALIFORNIA 95020 MAIN (408) 846-0451 I FAX (408) 846-0469 DOWNTOWN PROJECT EIGLEBERRY AND SEVENTH PARKING LOT 41 AL WL MC 3/14/2022 20-PW-444 3/15/2022 3/14/2022 3/14/2022 1730 N. FIRST STREET SUITE 600 SAN JOSE, CA 95112 (408) 467-9135 www.bkf.com CONSTRUCTION DETAILS 16 CD-7NTS 7.1.b Packet Pg. 135 Attachment: 20-PW-444 Plans (3684 : Award Contract for Eigleberry and Seventh Parking Lot Project) CITY OF GILROY DEPARTMENT OF PUBLIC WORKS 7351 ROSANNA STREET GILROY, CALIFORNIA 95020 MAIN (408) 846-0451 I FAX (408) 846-0469 DOWNTOWN PROJECT EIGLEBERRY AND SEVENTH PARKING LOT 41 AL WL MC 3/14/2022 20-PW-444 3/15/2022 3/14/2022 3/14/2022 1730 N. FIRST STREET SUITE 600 SAN JOSE, CA 95112 (408) 467-9135 www.bkf.com CONSTRUCTION DETAILS 17 CD-81" = 5' DETAIL 7.1.b Packet Pg. 136 Attachment: 20-PW-444 Plans (3684 : Award Contract for Eigleberry and Seventh Parking Lot Project) EVEVEVEVEVEVEV CITY OF GILROY DEPARTMENT OF PUBLIC WORKS 7351 ROSANNA STREET GILROY, CALIFORNIA 95020 MAIN (408) 846-0451 I FAX (408) 846-0469 DOWNTOWN PROJECT EIGLEBERRY AND SEVENTH PARKING LOT 41 AL WL MC 3/14/2022 20-PW-444 3/15/2022 3/14/2022 3/14/2022 1730 N. FIRST STREET SUITE 600 SAN JOSE, CA 95112 (408) 467-9135 www.bkf.com SIGNING & STRIPING PLAN 18 PD-11" = 20' ’ 7.1.b Packet Pg. 137 Attachment: 20-PW-444 Plans (3684 : Award Contract for Eigleberry and Seventh Parking Lot Project) CITY OF GILROY DEPARTMENT OF PUBLIC WORKS 7351 ROSANNA STREET GILROY, CALIFORNIA 95020 MAIN (408) 846-0451 I FAX (408) 846-0469 DOWNTOWN PROJECT EIGLEBERRY AND SEVENTH PARKING LOT 41 AL WL MC 3/14/2022 20-PW-444 3/15/2022 3/14/2022 3/14/2022 1730 N. FIRST STREET SUITE 600 SAN JOSE, CA 95112 (408) 467-9135 www.bkf.com EROSION CONTROL PLAN 19 EC-11" = 20' 7.1.b Packet Pg. 138 Attachment: 20-PW-444 Plans (3684 : Award Contract for Eigleberry and Seventh Parking Lot Project) SECTION A-A A A TYPICAL INLET PROTECTION INLET PROTECTION (TYPE 1)TRENCH DETAIL (SAG INLET) (ON GRADE INLET) TEMPORARY SILT FENCE TYPICAL INLET PROTECTION CITY OF GILROY DEPARTMENT OF PUBLIC WORKS 7351 ROSANNA STREET GILROY, CALIFORNIA 95020 MAIN (408) 846-0451 I FAX (408) 846-0469 DOWNTOWN PROJECT EIGLEBERRY AND SEVENTH PARKING LOT 41 AL WL MC 3/14/2022 20-PW-444 3/15/2022 3/14/2022 3/14/2022 1730 N. FIRST STREET SUITE 600 SAN JOSE, CA 95112 (408) 467-9135 www.bkf.com EROSION CONTROL DETAILS 20 EC-2NTS 7.1.b Packet Pg. 139 Attachment: 20-PW-444 Plans (3684 : Award Contract for Eigleberry and Seventh Parking Lot Project) EIGLEBERRY STREET W 7TH STREETMONTEREY RD GOURMET ALLEY L1.1 TREE REMOVAL PLAN 402010 1" = 20' - 0"CITY OF GILROY DEPARTMENT OF PUBLIC WORKS 7351 ROSANNA STREET GILROY, CALIFORNIA 95020 MAIN (408) 846-0451 I FAX (408) 846-0469 DOWNTOWN PROJECT EIGLEBERRY AND SEVENTH PARKING LOT 41 TZ/JT KC/TZ KC 3/15/2022 20-PW-444 3/15/2022 3/15/2022 0 0"12"1"2"2'4'* * 1 * 21 7.1.b Packet Pg. 140 Attachment: 20-PW-444 Plans (3684 : Award Contract for Eigleberry and Seventh Parking Lot Project) CITY OF GILROY DEPARTMENT OF PUBLIC WORKS 7351 ROSANNA STREET GILROY, CALIFORNIA 95020 MAIN (408) 846-0451 I FAX (408) 846-0469 DOWNTOWN PROJECT EIGLEBERRY AND SEVENTH PARKING LOT 41 TZ/JT KC/TZ KC 3/15/2022 20-PW-444 3/15/2022 3/15/2022 L2.1 LAYOUT NOTES AND LEGEND 22 7.1.b Packet Pg. 141 Attachment: 20-PW-444 Plans (3684 : Award Contract for Eigleberry and Seventh Parking Lot Project) * CITY OF GILROY DEPARTMENT OF PUBLIC WORKS 7351 ROSANNA STREET GILROY, CALIFORNIA 95020 MAIN (408) 846-0451 I FAX (408) 846-0469 DOWNTOWN PROJECT EIGLEBERRY AND SEVENTH PARKING LOT 41 TZ/JT KC/TZ KC 3/15/2022 20-PW-444 3/15/2022 3/15/2022 L2.2 PLANTING NOTES AND LEGEND 23 7.1.b Packet Pg. 142 Attachment: 20-PW-444 Plans (3684 : Award Contract for Eigleberry and Seventh Parking Lot Project) EVEVEVEVEVEVEV EIGLEBERRY STREET W 7TH STREETGOURMET ALLEY MONTEREY RD ** * L3.1 TREE PLANTING PLAN 402010 1" = 20' - 0"CITY OF GILROY DEPARTMENT OF PUBLIC WORKS 7351 ROSANNA STREET GILROY, CALIFORNIA 95020 MAIN (408) 846-0451 I FAX (408) 846-0469 DOWNTOWN PROJECT EIGLEBERRY AND SEVENTH PARKING LOT 41 TZ/JT KC/TZ KC 3/15/2022 20-PW-444 3/15/2022 3/15/2022 0 0"12"1"2" 1 24 7.1.b Packet Pg. 143 Attachment: 20-PW-444 Plans (3684 : Award Contract for Eigleberry and Seventh Parking Lot Project) EVEVEVEVEVEVEV EIGLEBERRY STREET W 7TH STREETGOURMET ALLEY MONTEREY RD L3.2 SHRUB PLANTING PLAN 402010 1" = 20' - 0"CITY OF GILROY DEPARTMENT OF PUBLIC WORKS 7351 ROSANNA STREET GILROY, CALIFORNIA 95020 MAIN (408) 846-0451 I FAX (408) 846-0469 DOWNTOWN PROJECT EIGLEBERRY AND SEVENTH PARKING LOT 41 TZ/JT KC/TZ KC 3/15/2022 20-PW-444 3/15/2022 3/15/2022 0 0"12"1"2" 25 7.1.b Packet Pg. 144 Attachment: 20-PW-444 Plans (3684 : Award Contract for Eigleberry and Seventh Parking Lot Project) EVEVEVEVEVEVEV A EEEEEE 61" A-3 101" A-2 171" A-1 211" A-12 201" A-11 161" A-10 161" A-6 191" A-7 131" A-5 91" A-16 81" A-13 161" A-14 101" A-15 141" A-22 141" A-21 41" A-28 91" A-27 151" A-4 161" A-25 131" A-24 191" A-23 201" A-26 151" A-18 111" A-19 151" A-20 201" A-17 111" A-8 141" A-9 EIGLEBERRY STREET W 7TH STREETGOURMET ALLEY MONTEREY RD CITY OF GILROY DEPARTMENT OF PUBLIC WORKS 7351 ROSANNA STREET GILROY, CALIFORNIA 95020 MAIN (408) 846-0451 I FAX (408) 846-0469 DOWNTOWN PROJECT EIGLEBERRY AND SEVENTH PARKING LOT 41 TZ/JT KC/TZ KC 3/15/2022 20-PW-444 3/15/2022 3/15/2022 L4.1 IRRIGATION PLAN 1" = 20' - 0" 4020100 0"12"1"2" LATERAL LINE SIZING CHART SHRUB BUBBLERS SPRINKLER TYPE GPM 3/4" 1" PIPE SIZE NO. OF BUBBLERS* 34-66 1-33 * QUANTITY INDICATES NO. OF BUBBLERS, NOT NO. OF TREES. THERE ARE TWO BUBBLERS PER TREE AND ONE BUBBLER PER SHRUB. TREE BUBBLERS 3/4" 1"11-20 1-10 1 1/4"67-133 1 1/2"134-166 1 1/4"21-40 9.15-15 1-9 15.15-24 24.15-30 0.15 GPM 0.50 GPM 9.5-15 1-9 15.5-24 10 16 40 70 25 CONDUIT SIZE 1" DIAMETER 1 1/4" DIAMETER 1 1/2" DIAMETER 2" DIAMETER 3" DIAMETER PVC CONDUIT SIZING CHART MAXIMUM NUMBEROF CONDUCTORS 26 7.1.b Packet Pg. 145 Attachment: 20-PW-444 Plans (3684 : Award Contract for Eigleberry and Seventh Parking Lot Project) ” ” “” ” ” · · · · · · · CITY OF GILROY DEPARTMENT OF PUBLIC WORKS 7351 ROSANNA STREET GILROY, CALIFORNIA 95020 MAIN (408) 846-0451 I FAX (408) 846-0469 DOWNTOWN PROJECT EIGLEBERRY AND SEVENTH PARKING LOT 41 TZ/JT KC/TZ KC 3/15/2022 20-PW-444 3/15/2022 3/15/2022 L4.2 IRRIGATION NOTES AND LEGEND NTS 27 7.1.b Packet Pg. 146 Attachment: 20-PW-444 Plans (3684 : Award Contract for Eigleberry and Seventh Parking Lot Project) CITY OF GILROY DEPARTMENT OF PUBLIC WORKS 7351 ROSANNA STREET GILROY, CALIFORNIA 95020 MAIN (408) 846-0451 I FAX (408) 846-0469 DOWNTOWN PROJECT EIGLEBERRY AND SEVENTH PARKING LOT 41 TZ/JT KC/TZ KC 3/15/2022 20-PW-444 3/15/2022 3/15/2022 L4.3 IRRIGATION DETAILS NTS 28 7.1.b Packet Pg. 147 Attachment: 20-PW-444 Plans (3684 : Award Contract for Eigleberry and Seventh Parking Lot Project) PRE-FABRICATED FINISH GRADE ROOTBALL TREE BUBBLER SWING JOINT ASSEMBLY LOCATE BUBBLER TUBES ADJACENT TO ROOTBALL. 12" PVC LATERAL LINE ROOT WATERING SYSTEM WITH GRATE, SWING JOINT ASSEMBLY AND BUBBLER INSTALLED 1" ABOVE GRADE (FLUSH TO GRADE IN TURF AREAS). NOTES: 1. BUBBLER TREE TO BE PLACED UPHILL SIDE OF ROOTBALL. REFER TO PLANS FOR NUMBER OF BUBBLERS PER EACH TREE. FINISH GRADE. PVC TEE OR ELBOW. PVC LATERAL LINE. BUBBLER (SEE LEGEND) 2"-4" 12" NOTES: 1.INSTALL ONE BUBBLER WITHIN PLANTING BASIN PINNED TO EDGE OF ROOTBALL . 1/2" I.P.S. FLEXIBLE PVC BY SALCO LENGTH AS REQUIRED (NOT TO EXCEED 8'). USE WELD-ON 795 FLEXIBLE PVC GLUE FOR ALL FLEX TO RIGID PVC APPLICATIONS. SHRUB - SEE PLANS TORO T-226-50 STEEL SOIL STAPLE (OR EQUAL) TO HOLD BUBBLER PERPENDICULAR TO GRADE 1/2" SCHEDULE 40 PVC SLIP X THREAD MALE ADAPTER CITY OF GILROY DEPARTMENT OF PUBLIC WORKS 7351 ROSANNA STREET GILROY, CALIFORNIA 95020 MAIN (408) 846-0451 I FAX (408) 846-0469 DOWNTOWN PROJECT EIGLEBERRY AND SEVENTH PARKING LOT 41 TZ/JT KC/TZ KC 3/15/2022 20-PW-444 3/15/2022 3/15/2022 L4.4 IRRIGATION DETAILS NTS 10 16 40 70 25 CONDUIT SIZE 1" DIAMETER 1 1/4" DIAMETER 1 1/2" DIAMETER 2" DIAMETER 3" DIAMETER PVC CONDUIT SIZING CHART MAXIMUM NUMBEROF CONDUCTORS FRONT VIEW SIDE VIEW 1. RAIN MASTER DXi SERIES CONTROLLER PANEL MOUNTED FLUSH ON FACE OF ENCLOSURE AT 25 DEGREE ANGLE FOR EASY ACCESS AND VIEWING. 2. PISTON CONNECTED TO FLIP TOP. 3. RAINMASTER STAINLESS STEEL CONTROLLER ENCLOSURE MODEL PSB. 4. CONTROLLER SUBASSEMBLY 5. GFI OUTLET AND SWITCH. 6. SCHEDULE 40 GREY PVC ELECTRICAL CONDUITS WITH SWEEP ELL FOR LOW VOLTAGE WIRE AND COMMUNICATION CABLE. 7. #8 AWG GROUNDING WIRE 8. FINISH GRADE 9. 120 VOLT ELECTRICAL SERVICE PER LOCAL CODES. 10. 5/8" X 8' LONG COPPER CLAD GROUNDING ROD (INSIDE ENCLOSURE) 11. 4" THICK CONCRETE SLAB OVER 4" COMPACTED AGGREGATE BASE. EXTEND 6" BEYOND ALL SIDES OF ENCLOSURE. 12. STEEL TEMPLATE WITH MOUNTING BOLTS ATTACHED (INCLUDED WITH WITH ENCLOSURE) 13. RADIO ANTENNA (WHERE SPECIFIED). 14. 36"X36" CONCRETE PAD IN FRONT OF CONTROLLER 29 7.1.b Packet Pg. 148 Attachment: 20-PW-444 Plans (3684 : Award Contract for Eigleberry and Seventh Parking Lot Project) CITY OF GILROY DEPARTMENT OF PUBLIC WORKS 7351 ROSANNA STREET GILROY, CALIFORNIA 95020 MAIN (408) 846-0451 I FAX (408) 846-0469 DOWNTOWN PROJECT EIGLEBERRY AND SEVENTH PARKING LOT 41 TZ/JT KC/TZ KC 3/15/2022 20-PW-444 3/15/2022 3/15/2022 L4.5 IRRIGATION CALCULATION NTS IRRIGATION SCHEDULES NOTES: THE CHARTS ARE INTENDED TO BE USED AS A GUIDELINE ONLY AND INDICATE APPROXIMATE RUN TIMES (IN MINUTES) FOR EACH ZONE BASED ON ESTIMATED WEEKLY WATER REQUIREMENTS FOR ESTABLISHED PLANT MATERIAL. THE FIGURES SHOWN IN THIS SCHEDULE ARE APPROXIMATE AND HAVE BEEN DEVELOPED FROM LOCAL CURRENT AVERAGES FOR EVAPOTRANSPIRATION, AND REFLECT MAXIMUM IRRIGATION REQUIREMENTS OF THE PLANT MATERIAL BASED ON PLANT TYPE AND SPACING. ACTUAL RUN TIMES MAY BE DIFFERENT DEPENDING ON A VARIETY OF FACTORS INCLUDING TOPOGRAPHY, SOIL STRUCTURE, SUN AND WIND EXPOSURE, WEATHER, ACTUAL PLANT WATER REQUIREMENTS, ETC. I HAVE COMPLIED WITH THE CRITERIA OF THE ORDINANCE AND APPLIED THEM FOR THE EFFICIENT USE OF WATER IN THE LANDSCAPE DESIGN PLANS. BY: DATE: LIC NO.: 6032 3/15/2022 30 7.1.b Packet Pg. 149 Attachment: 20-PW-444 Plans (3684 : Award Contract for Eigleberry and Seventh Parking Lot Project) 1 2 CITY OF GILROY DEPARTMENT OF PUBLIC WORKS 7351 ROSANNA STREET GILROY, CALIFORNIA 95020 MAIN (408) 846-0451 I FAX (408) 846-0469 DOWNTOWN PROJECT EIGLEBERRY AND SEVENTH PARKING LOT 41 TZ/JT KC/TZ KC 3/15/2022 20-PW-444 3/15/2022 3/15/2022 L5.1 CONSTRUCTION DETAILS 4 3 ” 5 31 7.1.b Packet Pg. 150 Attachment: 20-PW-444 Plans (3684 : Award Contract for Eigleberry and Seventh Parking Lot Project) CITY OF GILROY DEPARTMENT OF PUBLIC WORKS 7351 ROSANNA STREET GILROY, CALIFORNIA 95020 MAIN (408) 846-0451 I FAX (408) 846-0469 DOWNTOWN PROJECT EIGLEBERRY AND SEVENTH PARKING LOT 41 TZ/JT KC/TZ KC 3/15/2022 20-PW-444 3/15/2022 3/15/2022 L5.2 CONSTRUCTION DETAILS 3 1 245 6 32 7.1.b Packet Pg. 151 Attachment: 20-PW-444 Plans (3684 : Award Contract for Eigleberry and Seventh Parking Lot Project) 7.1.b Packet Pg. 152 Attachment: 20-PW-444 Plans (3684 : Award Contract for Eigleberry and Seventh Parking Lot Project) 7.1.b Packet Pg. 153 Attachment: 20-PW-444 Plans (3684 : Award Contract for Eigleberry and Seventh Parking Lot Project) 7.1.b Packet Pg. 154 Attachment: 20-PW-444 Plans (3684 : Award Contract for Eigleberry and Seventh Parking Lot Project) 7.1.b Packet Pg. 155 Attachment: 20-PW-444 Plans (3684 : Award Contract for Eigleberry and Seventh Parking Lot Project) 7.1.b Packet Pg. 156 Attachment: 20-PW-444 Plans (3684 : Award Contract for Eigleberry and Seventh Parking Lot Project) 7.1.b Packet Pg. 157 Attachment: 20-PW-444 Plans (3684 : Award Contract for Eigleberry and Seventh Parking Lot Project) 7.1.b Packet Pg. 158 Attachment: 20-PW-444 Plans (3684 : Award Contract for Eigleberry and Seventh Parking Lot Project) 7.1.b Packet Pg. 159 Attachment: 20-PW-444 Plans (3684 : Award Contract for Eigleberry and Seventh Parking Lot Project) 7.1.b Packet Pg. 160 Attachment: 20-PW-444 Plans (3684 : Award Contract for Eigleberry and Seventh Parking Lot Project) RESOLUTION NO. 2022-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING THE BUDGET FOR THE CITY OF GILROY FOR 2021-2022 AND APPROPRIATING PROPOSED EXPENDITURE AMENDMENTS WHEREAS, the City Administrator prepared and submitted to the City Council a budget for the City of Gilroy for Fiscal Years 2021-2022 and 2022-2023, and the City Council carefully examined, considered and adopted the same on June 7, 2021; and WHEREAS, City Staff has prepared and submitted to the City Council proposed amendments to said budget for Fiscal Year 2021-2022 for the City of Gilroy in the staff report dated April 18, 2022 for the Eigleberry and Seventh Parking Lot, City Project No. 20-PW-444. NOW, THEREFORE, BE IT RESOLVED THAT the appropriations for Fiscal Year 2021-2022 in Fund 440 – Capital Projects Fund shall be increased by $810,000; in Fund 213 – Gas Tax shall be increased by $250,000 and transferred to Fund 400 – Capital Projects Fund; and in Fund 651 – Facilities Internal Service Fund shall be increased by $300,000 and transferred to Fund 400 – Capital Projects Fund. PASSED AND ADOPTED this 18th day of April 2022 by the following roll call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: APPROVED: Marie Blankley, Mayor ATTEST: _______________________ Thai Nam Pham, City Clerk 7.1.c Packet Pg. 161 Attachment: Resolution Budget Amendment (3684 : Award Contract for Eigleberry and Seventh Parking Lot Project) City of Gilroy STAFF REPORT Agenda Item Title: Award a Contract to McKim Corporation for the FY22 Citywide Pavement Maintenance Project (No. 22-PW-273), and approve a project expenditure of $4,518,787 Meeting Date: April 18, 2022 From: Jimmy Forbis, City Administrator Department: Public Works Department Submitted By: Daryl Jordan Prepared By: Gary Heap Gary Heap Strategic Plan Goals ☐ Develop a Financially Resilient Organization ☐ Ensure Neighborhood Equity from City Services ☐ Promote Economic Development Activities ☐ Promote Safe, Affordable Housing for All  Maintain and Improve City Infrastructure RECOMMENDATION a) Adopt a resolution of the City Council of the City of Gilroy amending the budget for the City of Gilroy for Fiscal Year 2021-2022 and appropriating proposed expenditure amendments; and b) Award a Contract to McKim Corporation in the amount of $4,107,988.27 with an additional project contingency of $410,798 (10%), for a total construction cost of $4,518,787 for the FY22 Citywide Pavement Maintenance Project, No. 22-PW- 273, and authorize the City Administrator to execute the contract and associated documents. EXECUTIVE SUMMARY 7.2 Packet Pg. 162 On November 16, 2020, Council approved the Capital Improvement Program for fiscal years 2020-2021 through 2024-2025 and adopted a resolution that amended the budget for fiscal year 2020-2021 and appropriated proposed expenditure amendments for the Capital Improvement Program for fiscal years 2020 -2021 through 2024-2025. Council approved the City’s 5-Year Street Repair Program on September 13, 2021. Staff received four bids for the construction of the Project. The lowest responsive Base Bid (including 10% contingency) was $4,323,064. The Project includes one Bid Alternate. The total Project cost for the Base Bid and Bid Alternate No. 1 (including 10% contingency) is $4,518,787. Staff is recommending Council adopt a resolution to amend the budget for fiscal year 2021-2022 and increase appropriations in Gas Tax Fund 2103 (Fund 213) by $968,787 to fully fund the Project. BACKGROUND On March 8, 2021, Public Works Engineering staff presented an Introduction to the City’s 5-Year Street Repair Program. This included discussions on pavement alternatives, pavement restoration approach, pavement program funding scenarios, and funding options. Through those discussions, Council approved a blended pavement restoration approach and approved an increase the City’s annual paving budget from $1.8M per year to $3.9M per year for the next five years to improve the City’s Pavement Condition Index (PCI) from its then-current rating of 62 to a rating of 67. On September 13, 2021, Council approved the City’s 5-Year Street Repair Program. The FY22 Citywide Pavement Maintenance Project will conduct pavement preventive maintenance and rehabilitation of 149 street segments. The scope of work includes milling, associated pavement resurfacing and restriping, associated concrete flatwork, installation of ADA-compliant curb ramps, adjustment of utilities to grade, sl urry seal, microsurfacing, asphalt rubber cape seal, micro -milling, striping, signage, traffic signal loop replacement, and other incidental work. The street segments included in the Project are listed in Attachment 1. Public Works Department staff selected the Project’s street segments based on the City’s pavement management software program, StreetSaver; the list of streets approved by Council; and feedback from the Public Works Operations Division street maintenance crews. ANALYSIS The FY22 Citywide Pavement Maintenance Project was advertised in the San Jose Mercury News and on the City’s website on March 9, 2022. There was one addendum issued for the Project. Staff conducted the bid opening on March 28, 2022. Staff received four bids for the Project. A summary of the bids is provided below. 7.2 Packet Pg. 163 Rank Company Base Bid Bid Alt 1 Total Bid 1 McKim Corporation $3,930,030.59 $177,957.68 $4,107,988.27 2 VSS International $4,464,140.00 $194,103.00 $4,658,243.00 3 Teichert Construction $4,530,387.00 $231,598.00 $4,761,985.00 4 Graniterock Company $4,613,899.86 $196,381.00 $4,810,280.86 The lowest responsive bidder was determined based on the Base Bids. Staff recommends awarding the contract to the lowest responsive bidder, McKim Corporation, with a total bid of $4,107,988.27 (including Bid Alternate 1). The Engineer’s Estimate was prepared using the City’s historical data from previous similar projects. The lowest responsive bid (Base Bid + Bid Alternate 1) is less than one percent lower than the Engineer’s Estimate. ALTERNATIVES The alternative to the staff recommendation is to reject all bids. Staff does not recommend this option. FISCAL IMPACT/FUNDING SOURCE The Total Bid, including the Base Bid and Bid Alternate 1, is $4,107,988.27. Staff recommends including a contingency of $410,798 (10%) for a total construction allocation of 4,518,787. The 10% contingency is to account for unforeseen conditions or necessary field changes in the scope of work during construction . In June 2021, Council adopted the FY22 and FY23 Operating and Capital budgets and appropriated $3,400,000 for the FY22 Annual Paving Program from the General Fund (Fund 100), SB-1 (Fund 215), and Measure B (Fund 216). Council approved the City’s 5-Year Street Repair Program on September 13, 2021. At that time, the staff report identified an additional $500,000 from either SB1 or Measure B fund balance, for a total of $3,900,000 in funding for the FY22 and FY23 Citywide Pavement Maintenance Projects. Staff recommends the City Council adopt a resolution to amend the FY22 budget to appropriate an additional $1,118,787 for a total of $4,518,787 to construct the Project. There are sufficient funds in Gas Tax Fund 2103 (Fund 213) fund balance to cover the deficit. Funding Source Adopted FY22 Budget Proposed FY 22 Budget Proposed Budget Amendment General Fund (Fund 100) $1,600,000 $1,600,000 $0 7.2 Packet Pg. 164 SB-1 (Fund 215) $900,000 $900,000 $0 Measure B (Fund 216) $900,000 $900,000 $0 Gas Tax Fund 2103 (Fund 213) $0 $1,118,787 $1,118,787 Total $3,550,000 $1,118,787 $1,118,787 PUBLIC OUTREACH Project stakeholders including residents, schools, and businesses affected by the project will be notified 10 working days and 48 hours in advance of the start of construction in each neighborhood. The City will also conduct extensive public outreach through a social media campaign. NEXT STEPS Upon Council’s approval of this contract, the contract will be executed and Staff will work with the contractor to develop a final project schedule. Construction is expected to begin in May 2022 and be completed in October 2022. Attachments: 1. Street Segments- Attachment 1 2. Draft Resolution Fund 213 Budget Amendment 3. McKim Corp - Agreement 7.2 Packet Pg. 165 1 ACORN WY END VALLEY OAKS DR 2 ALDER ST STARLING DR THOMAS RD 3 ALEXANDER ST LEWIS ST NINTH ST 4 ARMAND CT WREN AVE END 5 ARROWHEAD CT END RANCHO HILLS DR 6 ASHBURY CT END ALDER ST 7 AZARA ST STONECRESS ST MANTELLI DR 8 BANYAN ST LINARIA ST E END 9 BLACKFOOT CT GERONIMO ST CUL DE SAC 10 BLUE HERON CT END PEREGRINE DR 11 BUNTING CT SUNRISE DR CUL DE SAC 12 CANYON CT CHEYENNE DR CUL DE SAC 13 CARMEL ST FIRST ST EL CERRITO WY 14 CHADWICK ST HOXETT ST WENTZ DR 15 CHARLES LUX DR GREENFIELD DR CIMINO ST 16 CHERRYWOOD CT SPRIG WAY CUL DE SAC 17 CHEYENNE DR SADDLER WY GRANDE DR 18 CHURCH ST FIRST ST SEVENTH ST 19 CIELO VISTA CT DANCING WIND WAY CUL DE SAC 20 CIELO VISTA LN DANCING WIND WAY DREAM CATCHER WAY 21 CLARK WY CRAWFORD DR WREN AVE 22 COLUMBINE CT MANTELLI DR END 23 COMANCHE ST SUNRISE DR PUBELO 24 CONCORD PL NINTH ST END 25 COOPER PL JICARRILLA PL SUNRISE DR 26 CORAL BELL CT END PERIWINKLE DR 27 COUNTRY DR BLUEBELL DR MANTELLI DR 28 COYOTE MOON LN DREAM CATCHER WAY SUNRISE DR 29 CRAWFORD DR SANTA PAULA DR END 30 CREST HILL CT RANCHO HILLS DR END 31 CREST HILL WY END RANCHO HILLS DR 32 CYPRESS CT LAUREL DR PONDEROSA DR 33 CYPRESS CT PONDEROSA DR END 34 DAFODIL PL MANTELLI DR ZINNIA ST 35 DANCING WIND WAY RANCHO HILLS CT CIELTO VISTA LANE 36 DESERT BLOOM PL O'KEEFE LANE SUNRISE DRIVE 37 DOVE CT CREST HILL WY END 38 DOVETAIL WAY RANCHO HILLS DR END 39 DREAM CATCHER WY CIELO VISTA WAY SUNRISE DRIVE 40 EAGLE HILLS WY BLANKWING WY 300' S/O PEREGRINE DR 41 EAGLE HILLS WY 300' S/O PEREGRINE DR PEREGRINE DR 42 EAGLE VIEW WY LONGMEADOW DR 241' N/O QUAILWALK DR 43 EAGLE VIEW WY 241' N/O QUAILWALK DR PEREGRINE DR 44 EAGLE`S NEST LN EAGLE HILLS WY 324' N/O EAGLE HILLS WY 45 EAGLE`S NEST LN 324' N/O EAGLE HILLS WY PEREGRINE DR 46 *EL CAMINITO LERMA LN LONG MEADOW DR 47 EL CERRITO WY PARISH WY WREN AVE 48 EL CERRITO WY WREN AVE WAYLAND LN 49 FALCON CT END EAGLE HILLS WY 50 FAIRVIEW DR PRINCEVALLE ST HANNA ST FY22 Citywide Pavement Maintenance Project Street Segments Segment No. Street Name From To 7.2.a Packet Pg. 166 Attachment: Street Segments- Attachment 1 (3683 : Award Contract for FY22 Citywide Pavement Maintenance Project) FY22 Citywide Pavement Maintenance Project Street Segments Segment No. Street Name From To 51 FILICE DR SOUTH END NORTH END 52 FORTUNATA PL FOREST ST GENNARO WAY 53 FOURTH ST SANTA THERESA DR PRINCEVALLE ST 54 GAGE CT CITY LIMIT WISTERIA DR 55 GARY ST LAWRENCE DR WREN AVE 56 GENNARO WY LEWIS ST FORTUNATA PLACE 57 GERONIMO ST ZUNI LANE SHOSHONE STREET 58 GOLD FINCH CT SPARROW GLEN WAY CUL DE SAC 59 GOLDEN SKY WY DREAM CATCHER WAY SUNRISE DRIVE 60 GRANDE DR CHEYENNE DR SPRIG WAY 61 GREENFIELD DR LUCHESA AV N END GATE 62 GREENFIELD DR OAK BROOK WAY W LUCHESSA AVE 63 HADLEY CT END ROGERS LN 64 HAWTHORNE ST WISTERIA DR ALDER ST 65 HAYFIELD ST POPPYFIELD ST GREENFIELD DR 66 HIRASAKI CT MANTELLI DR CUL DE SAC 67 HOLLYHOCK CT HOLLYHOCK LN CUL DE SAC 68 HOLLYHOCK LN MANTELLI DR HOLLYHOCK CT 69 HOOVER CT END ROGERS LN 70 HOPI LN SUNRISE DR O'KEEFE CT 71 IRONBARK ST STONECRESS ST MANTELLI DR 72 JACKDOW CT END EAGL'S NEST LANE 73 JICARILLA PL EAGLE VIEW WAY COOPER PL 74 KERN AVE MANTELLI DR 536' N/O MANTELLI DR 75 KERN AVE 858' N/O MANTELLI DR 1296' N/O MANTELLI DR (CITY LIMIT) 76 KESTREL CT CREST HILL DR END 77 KIOWA CT JICARILLA PL CUL DE SAC 78 KITE DR PEREGRINE DR SUNRISE DR 79 KOSHARE ST COMANCHE ST SHOSHONE ST 80 LAREDO WY SUNRISE DR RIO GRANDE WY 81 LARKSPUR LN MANTELLI DR HOLLYHOCK LN 82 LEXINGTON PL END PRINCEVALLE ST 83 LINARIA ST BANYAN ST OLEA CT 84 LINNET CT DOVETAIL WAY CUL DE SAC 85 LISA CT END NICOLE WY 86 LONGMEADOW CT RANCHO HILLS DR W END 87 MANTELLI DR ZINNIA ST HIRASAKI AVE 88 NAVAJO CT CHEYENNE DR CUL DE SAC 89 NICOLE CT END NICOLE WY 90 NICOLE WY MESA RD CARIGNANE DR 91 NINTH ST VALLEY FORGE DR PRINCEVALLE ST 92 NINTH ST CHURCH ST MONTEREY RD 93 NONAME UNO AVE LAS ANIMAS RD COHANSEY 94 NORTH EGRET CT CREST HILL DR END 95 OHLONE WAY SUNRISE DR SPRIG WAY 96 OKEEFE CT COYOTE MOON LN E. END CDS 97 ORCHARD DR CUMBERLAND DR SIXTH ST 98 PEREGRINE DR RANCHO HILLS DR EAGLE VIEW WY 99 PERIWINKLE DR END MANTELLI DR 100 PONDEROSA DR THIRD ST CYPRESS CT 7.2.a Packet Pg. 167 Attachment: Street Segments- Attachment 1 (3683 : Award Contract for FY22 Citywide Pavement Maintenance Project) FY22 Citywide Pavement Maintenance Project Street Segments Segment No. Street Name From To 101 POPPYFIELD CT END OAK BROOK WY 102 PRAIRIE OWL CT SPRIG WY N. END CDS 103 PUEBLO CT SHOSHONE ST W. END 104 QUAILWALK DR PEREGRINE DR 500' SOUTH OF PEREGRINE DR 105 RANCHO HILLS CT END MANTELLI DR 106 RANCHO HILLS DR CARRIAGE DR VALLEY OAKS DR 107 RENZ LN 1085' W. OF CAMINO ARROYO CAMINO ARROYO 108 RIO GRANDE WY LAREDO WY SEDONA WY 109 ROCKROSE CT LARKSPUR LN END 110 ROGERS LN SIXTH ST LEWIS ST 111 SADDLER DR CHEYENNE DR SPRIG WY 112 SAN JUSTO ROAD MILLER RD END 113 SANTA BARBARA DR HERSMAN DR SAN MIGUEL DR 114 SANTA INEZ CT SAN MIGUEL ST END 115 SANTA MARIA CT SAN MIGUEL ST END 116 SANTA PAULA DR CRAWFORD DR SAN MIGUEL DR 117 SEDONA WY SUNRISE DR RIO GRANDE WY 118 SHOOTING STAR CT HOLLYHOCK LANE CUL DE SAC 119 SHOSHONE ST KOSHARE STREET PUBELO COURT 120 SIXTH ST CHURCH ST RR TRACKS 121 SOLANA DR VALBUSA DR LONGMEADOW DR 122 SOUTH EGRET CT END CREST HILL DR 123 SPARROW GLEN WAY DOVETAIL WAY SUNRISE DR 124 SPRIG WY SADDLER WY GRANDE DR 125 ST FRANCIS CT SAN MIGUEL ST END 126 STONECRESS ST COUNTRY DR BANYAN ST 127 STONEY CT END SIXTH ST 128 STRAWBERRY LANE SUNFLOWER CIR COUNTRY DR 129 SUNFLOWER CIR WEST END STRAWBERRY LN 130 SUNFLOWER CIR STRAWBERRY LN COUNRTY DR 131 TAPESTRY DR SUNRISE DR N. END 132 TEA TREE CT CREST HILL WAY END 133 TENTH ST PRINCEVALLE ST 150' E/O ROSANNA ST 134 TENTH ST 150 E/O ROSANNA ST MONTEREY RD 135 THIRD ST PRINCEVALLE ST MONTEREY RD 136 VALLEY FORGE DR TENTH ST NINTH ST 137 VALLEY OAKS CT CREST HILL DR END 138 VALLEY OAKS DR CREST HILL DR RANCHO HILLS DR 139 VIOLET WY KELTON DR CUL DE SAC 140 WAYLAND LN EL CERRITO WY CUL DE SAC 141 WHEATFIELD END HAYFIELD ST 142 WILDGRASS CT END POPPYFIELD CT 143 WILDROSE CT SUNFLOWER CIR CUL DE SAC 144 WISTERIA DR HAWTHORNE ST THOMAS RD 145 WREN AVE 125' S/O WELBURN AVE 125' S/O LAWRENCE DR 146 YUCCA CT CHEYENNE DR CUL DE SAC 147 ZINNIA ST VIOLET WY MANTELLI DR 148 ZINNIA ST MANTELLI DR DAFFODIL PL 149 ZUNI LN SUNRISE DR PUEBLO CT *Bid Alternate No. 1 7.2.a Packet Pg. 168 Attachment: Street Segments- Attachment 1 (3683 : Award Contract for FY22 Citywide Pavement Maintenance Project) RESOLUTION NO. 2022-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING THE BUDGET FOR THE CITY OF GILROY FOR 2021-2022 AND APPROPRIATING PROPOSED EXPENDITURE AMENDMENTS WHEREAS, the City Administrator prepared and submitted to the City Council a budget for the City of Gilroy for Fiscal Years 2021-2022 and 2022-2023, and the City Council carefully examined, considered and adopted the same on June 7, 2021; and WHEREAS, City Staff has prepared and submitted to the City Council proposed amendments to said budget for Fiscal Year 2021-2022 for the City of Gilroy in the staff report dated April 18, 2022 for the FY22 Citywide Pavement Maintenance Project, City Project No. 22- PW-273. NOW, THEREFORE, BE IT RESOLVED THAT the appropriations for Fiscal Year 2021-2022 in Fund 213 – Gas Tax 2103 shall be increased by $1,118,787. PASSED AND ADOPTED this 18th day of April 2022 by the following roll call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: APPROVED: Marie Blankley, Mayor ATTEST: _______________________ Thai Nam Pham, City Clerk 7.2.b Packet Pg. 169 Attachment: Draft Resolution Fund 213 Budget Amendment (3683 : Award Contract for FY22 Citywide Pavement Maintenance Project) 7.2.c Packet Pg. 170 Attachment: McKim Corp - Agreement (3683 : Award Contract for FY22 Citywide Pavement Maintenance Project) 7.2.c Packet Pg. 171 Attachment: McKim Corp - Agreement (3683 : Award Contract for FY22 Citywide Pavement Maintenance Project) 7.2.c Packet Pg. 172 Attachment: McKim Corp - Agreement (3683 : Award Contract for FY22 Citywide Pavement Maintenance Project) 7.2.c Packet Pg. 173 Attachment: McKim Corp - Agreement (3683 : Award Contract for FY22 Citywide Pavement Maintenance Project) City of Gilroy STAFF REPORT Agenda Item Title: Approval of a First Amendment to the Agreement with Honeywell Building Solutions in the Amount of $329,725 to extend the HVAC Maintenance Services Agreement for an additional two years. Meeting Date: April 18, 2022 From: Jimmy Forbis, City Administrator Department: Administrative Services Submitted By: LeeAnn McPhillips Prepared By: Walter Dunckel Walter Dunckel Strategic Plan Goals ☐ Develop a Financially Resilient Organization ☐ Ensure Neighborhood Equity from City Services ☐ Promote Economic Development Activities ☐ Promote Safe, Affordable Housing for All  Maintain and Improve City Infrastructure RECOMMENDATION Approve a First Amendment to the Agreement with Honeywell Building Solutions in the Amount of $329,725 ($140,548 in year four, $146,169 in year five), with a contingency of 15% ($43,008), and authorize the City Administrator to execute the amendment to the agreement and all related documents. BACKGROUND On February 25, 2019, Council approved a contract with Honeywell Building Solutions (Honeywell) for HVAC Maintenance Service for three years, with the option for a two- year extension. This approval followed a formal bid process and evaluation of several vendors. The Agreement with Honeywell covers HVAC routine maintenance and repairs at the following buildings: Police Department, City Hall Annex, City Hall, Museum, Senior Center, Corporation Yard, Chestnut Fire Station, Las Animas Fire Station, 7.3 Packet Pg. 174 Sunrise Fire Station, Las Animas Recreation Building, San Ysidro Recreation Building, Wheeler Community Center, and the Christmas Hill Park TEEC Building. In addition, this contract covers mechanical service maintenance to the HVAC systems in these buildings and includes repairs, replacement parts and components, as well as periodic maintenance supplies such as replacing filters, etc. ANALYSIS Honeywell continues to provide the City with excellent preventative maintenance services and has proven to be very responsive with service calls and requests. Facilities staff has been pleased by the quality of work Honeywell provides related to the maintenance and upkeep of our aging HVAC infrastructure. Therefore, staff is recommending moving forward with the additional two -year extension. The only modification to the Agreement via the Amendment is the term and addition of pricing for the additional two years of service. ALTERNATIVES Council could choose not to approve the amendment to the contract. This would require the City to go out to public bid and seek proposals from other companies. New companies would take some time to learn about the locations of all equipment, where each part of the HVAC is located, and would not be familiar with past repairs, and procedures. This alternative is not recommended. FISCAL IMPACT/FUNDING SOURCE This contract amendment would extend the term of the contract through February 28, 2024 and add $329,725 to the current contract with Honeywell. The price of the service for year four is 6% higher than the previous year, and year five is 4% higher than year four. These are reasonable increases given the current economy and are likely better than what would be received through a new bidding process. There are sufficient appropriations available in the Facilities Fund to pay for these services for the extension of the Agreement. NEXT STEPS With Council approval of the two-year extension, staff will finalize the amendment to the agreement and complete the approval process. Attachments: 1. ATTACHMENT A - Cost Proposal Years Four and Five 7.3 Packet Pg. 175 ATTACHMENT A COST PROPOSAL – FULL SERVICE MECHANICAL MAINTENANCE 19-RFP-FAC-421 YEARS 4 AND 5 LOCATION ANNUAL COST FOR 1st YEAR (3/1/19 - 2/28/20) ANNUAL COST FOR 2nd YEAR (3/1/20 - 2/28/21) ANNUAL COST FOR 3rd YEAR (3/1/21 - 2/28/22) ANNUAL COST FOR 4th YEAR (3/1/22 - 2/28/23) ANNUAL COST FOR 5th YEAR (3/1/23 - 2/28/24) CHESTNUT FIRE STATION $11,083.43 $11,415.94 $11,758.41 $12,681.78 $13,188.97 CHRISTMAS HILL PARK TEEC $2,575.47 $2,652.73 $2,732.31 $2,946.87 $3,064.73 CITY HALL $25,704.73 $26,475.88 $27,270.15 $29,411.64 $30,587.91 CITY HALL ANNEX $10,280.03 $10,588.43 $10,906.09 $11,762.53 $12,232.95 CORPORATION YARD ADM & FLEET $13,553.22 $13,959.81 $14,378.61 $15,507.74 $16,127.95 LAS ANIMAS FIRE STATION $2,321.75 $2,391.40 $2,463.14 $2,656.57 $2,762.81 LAS ANIMAS VETERANS PARK REC BUILDING $1,993.27 $2,053.06 $2,114.66 $2,280.72 $2,371.94 MUSEUM $2,008.62 $2,068.88 $2,130.94 $2,298.28 $2,390.20 POLICE DEPARTMENT $15,351.40 $15,811.94 $16,286.30 $17,565.24 $18,267.73 SAN YSIDRO PARK REC BUILDING $2,181.55 $2,247.00 $2,314.41 $2,496.16 $2,595.99 SENIOR CENTER $11,738.00 $12,090.14 $12,452.84 $13,430.74 $13,967.89 SUNRISE FIRE STATION $16,591.70 $17,089.45 $17,602.13 $18,984.40 $19,743.65 WHEELER COMMUNITY CENTER $7,450.83 $7,674.36 $7,904.59 $8,525.33 $8,866.28 WILLEY HOUSE $2,170.00 $2,211.41 $2,277.75 $0.00 $0.00 TOTAL ANNUAL COST FOR ALL FACILITIES $125,004.00 $128,730.43 $132,592.33 $140,548.00 $146,169.00 7.3.a Packet Pg. 176 Attachment: ATTACHMENT A - Cost Proposal Years Four and Five (3716 : First Amendment to Honeywell Building Solutions 19-RFP-FAC-421) City of Gilroy STAFF REPORT Agenda Item Title: Tentative Map Application to Subdivide Approximately 2.88 Acres for Build-out of the Palomino Phase II Neighborhood of the Glen Loma Ranch Specific Plan Meeting Date: April 18, 2022 From: Jimmy Forbis, City Administrator Department: Community Development Department Submitted By: Jon Biggs Prepared By: Melissa Durkin Strategic Plan Goals ☐ Develop a Financially Resilient Organization ☐ Ensure Neighborhood Equity from City Services ☐ Promote Economic Development Activities ☐ Promote Safe, Affordable Housing for All ☐ Maintain and Improve City Infrastructure RECOMMENDATION Adopt a resolution approving Tentative Map TM 21-05, subject to certain findings and conditions. EXECUTIVE SUMMARY The project proposes to subdivide phase II of the Glen Loma Ranch Palomino neighborhood into into four (4) single -family lots. The proposal requires City Council approval of a tentative (parcel) map. POLICY DISCUSSION The proposed project requires tentative parcel map approval by the City Council upon recommendation of the Planning Commission. 8.1 Packet Pg. 177 BACKGROUND Planning Commission Recommendation: On March 10, 2022, the Planning Commission reviewed the project and voted to approve tentative parcel map application TM 21-05 by a vote of 6-0-1. Environmental Assessment: On November 7, 2005, the City Council certified the Glen Loma Ranch Specific Plan Environmental Impact Report (EIR) with 52 mitigation measures and adopted the Glen Loma Ranch Specific Plan. The California Environmental Quality Act (CEQA) Guidelines Section 15182, Residential Projects Pursuant to a Specific Plan, exempts residential projects pursuant to a specific plan from further environmental review under CEQA if the project meets the requir ements of that section. Staff finds that the proposed subdivision meets the requirements of Section 15182 for the following reasons: 1. The Gilroy City Council certified the Glen Loma Ranch Specific Plan Environmental Impact Report (EIR) and adopted the Glen Loma Ranch Specific Plan on November 7, 2005; and 2. Tentative Map application TM 21-05 is a residential project implementing the approved Glen Loma Ranch Specific Plan; and 3. Tentative Map application TM 21-05 was undertaken pursuant to and in conformity with the approved Glen Loma Ranch Specific Plan. Because the project meets the requirements of Section 15182, no additional CEQA analysis is required. The mitigation measures listed in the attached resolution would need to be implemented for this project. Implementation of these mitigation measures will be required prior to submittal of the parcel map prepared pursuant to this requested tentative map approval. ANALYSIS Project Description: The proposed tentative parcel map would subdivide a 2.88 -acre site into four (4) compact single-family lots in the Glen Loma Ranch Palomino II neighborhood. The project site is located on the northern end of the Glen Loma Ranch Specific Plan area adjacent to Club Drive. This subdivision is bordered to the north by Uvas Creek Park Preserve; to the south by the Palomino I neighborhood; to the east by Ascencion Solorsano Middle School; and to the west by the Olive Grove neighborhood (see location map, Attachment 1 and tentative parcel map plans, Attachment 2). Lots in this neighborhood range in size from 3,600+/- to 4,200+/- square feet. Lots will be served by a private street [Friedrich Place] with at least four on -street parking spaces. 8.1 Packet Pg. 178 All lots in this subdivision back onto a detention basin (lot B10). These lots will b e provided with a masonry wall, rather than open fencing, as the detention basin is not preserved open space and will not be used for recreational purposes. General Plan and Glen Loma Ranch Specific Plan Consistency: The 2040 General Plan land use designation of the site is Neighborhood District/Glen Loma Ranch Specific Plan. The proposed 4-lot subdivision, site layout, and connectivity are consistent with the General Plan and the Glen Loma Ranch Specific Plan goals and policies, as discussed in the March 10, 2022 Planning Commission Staff report (Attachment 3) Tentative Map Analysis: Residential subdivisions must comply with the Gilroy City Code (GCC), including but not limited to Chapter 21, Subdivisions and Land Development. The project is consistent with City Code and meets the findings for approval as discussed in the Planning Commission Staff report. Appropriate conditions of approval have been prepared in conformance with City Code and are included in the City Council Resolution (Attachment 4). ALTERNATIVES The City Council could approve the project with revisions, continue the project for further review or deny the project. Staff does not recommend these actions. FISCAL IMPACT/FUNDING SOURCE The applicant has paid all planning entitlement fees associated with this tentative map application. The project will also require payment of all associated engineering parcel map and improvement plan fees and building permit fees. CONCLUSION The Planning Commission recommends that the City Council adopt a resolution approving Tentative Map application TM 21 -05 to subdivide the property into four (4) single family parcels. NEXT STEPS Upon City Council approval, the Engineering Division would process a parcel map and improvement plans. The developer would su bmit an architectural & site review application concurrently with or after approval of the parcel map. In accordance with the adopted Development Agreement, staff will review and approve the future architectural and site review permit. Building permits would be submitted after approval of the parcel map and architectural & site review permit. PUBLIC OUTREACH 8.1 Packet Pg. 179 Property owner information (i.e. list, labels, and map) within 500 feet of the subject site were generated by First American Title Company using current ownership data. On March 23, 2022, notices of this Planning Commission meeting were mailed to the property owners along with other interested parties. The notice was published in the Gilroy Dispatch on April 1, 2022. In addition, the property has been posted with on-site signage notifying passersby of pending development, and the Planning Commission public hearing packets are available through the City's webpage. Attachments: 1. TM 21-05 Location map 2. Palomino II Tentative Map 3. TM 2105 PC SR 3.10.22 4. TM 2105 City Council Draft Resolution 8.1 Packet Pg. 180 TM 21-05 Glen Loma Ranch Palomino II Location Map 8.1.a Packet Pg. 181 Attachment: TM 21-05 Location map (3711 : Glen Loma Ranch Palomino II Subdivision) 8.1.bPacket Pg. 182Attachment: Palomino II Tentative Map (3711 : Glen Loma Ranch Palomino II Subdivision) 8.1.bPacket Pg. 183Attachment: Palomino II Tentative Map (3711 : Glen Loma Ranch Palomino II Subdivision) 8.1.bPacket Pg. 184Attachment: Palomino II Tentative Map (3711 : Glen Loma Ranch Palomino II Subdivision) 8.1.bPacket Pg. 185Attachment: Palomino II Tentative Map (3711 : Glen Loma Ranch Palomino II Subdivision) 8.1.bPacket Pg. 186Attachment: Palomino II Tentative Map (3711 : Glen Loma Ranch Palomino II Subdivision) LICO DRIVESANTIAGO COURT EXISTING CLUB DRIVEEXISTING SANTA TERESA BLVD (COUNTY OF SANTA CLARA)EXISTING GRENACHE WAYSIDERITS WAY SIDERITS WAY GREELEY WAY GREELEY WAY FRIEDRICH WAY OUTLETSTRUCTURECLASS I TRAIL, NOTE 4.INFILTRATION BASIND-1D-2OUTFALLOUTFALLSTORM WATER MANAGEMENT NOTES:1.POST-CONSTRUCTION STORM WATER MANAGEMENT REQUIREMENTS FOR GLEN LOMA RANCH(WEST) ARE BASED ON REGIONAL WATER QUALITY CONTROL BOARD CERTIFICATION NUMBER34316WQ01. PER THE CERTIFICATION, THE FOLLOWING MEASURES SHALL BE PROVIDED:1.a.PROJECT SHALL TREAT ALL RUNOFF GENERATED BY THE 85TH% 24-HOUR STORM EVENT(WHEN USING VOLUME BASED TREATMENT) OR 0.2 IN/HR (WHEN USING FLOW BASEDTREATMENT).1.b.THE PROJECT SHALL RETAIN ON SITE THE DIFFERENCE BETWEEN THE PRE- ANDPOST-PROJECT TOTAL RUNOFF GENERATED BY THE 85TH% STORM EVENT.1.c.THE PROJECT SHALL MANAGE PEAK FLOWS TO WATERS OF THE STATE SO THATPOST-PROJECT PEAK FLOW RATES DO NOT EXCEED PRE-PROJECT FLOW RATES FOR THE 2-,10-, 25-, AND 100-YEAR STORM EVENT.2.THE FOLLOWING OUTLINES HOW THE PROJECT PRELIMINARILY PROPOSES TO COMPLY WITHWATER BOARD CERTIFICATION 34316WQ01:2.a.STORMWATER TREATMENT: A RETENTION BASIN IS PROPOSED TO RETAIN WATER ONSITE. THE ROUTING METHOD WAS USED TO ROUTE THE 24-HOUR DESIGN STORMTHROUGH THE BASIN UTILIZING THE SCS CURVE NUMBER METHOD AND A DESIGNINFILTRATION RATE OF 20 IN/HR. PRELIMINARY RESULTS OF THE ROUTING MODELCONCLUDE THE BASIN CAN RETAIN UP TO THE 10-YEAR STORM EVENT .2.b.STORMWATER RETENTION: THE PRELIMINARY ROUTING METHOD MODEL CONCLUDESTHE PROPOSED BASIN CAN RETAIN THE 10-YEAR 24-HOUR STORM EVENT. THEREFORE, ITCAN RETAIN THE DIFFERENCE BETWEEN THE PRE-, AND POST 85TH% 24-HOUR STORM.2.c.PEAK FLOW MANAGEMENT: BASED ON THE PROPOSED INFILTRATION BASIN, AND OUTLETSTRUCTURE SHOWN IN DETAILS 1, THE PROJECT CAN REDUCE PEAK FLOWS TO LESS THANPRE-PROJECT LEVELS. PREFER TO THE TABLE BELOW FOR PRELIMINARY RESULTS.3.THIS STORM WATER RUNOFF MANAGEMENT PLAN IS CONCEPTUAL AND SUBJECT TO REVISIONBASED ON FINAL DESIGN.4.FINAL LOCATION OF UTILITIES AND STORMWATER CONTROL MEASURES WILL BECOORDINATED DURING FINAL DESIGN TO MINIMIZE CONFLICT.5.ALL STORMWATER CALCULATIONS SHOWN BELOW ARE PRELIMINARY AND SUBJECT TOCHANGE DURING FINAL DESIGN.6.CLASS I TRAIL IS EXCLUDED FROMSTORMWATER CALCULATIONS PER SCVURPPP C.3STORMWATER HANDBOOK TABLE 2-2, "SIDEWALKS, BICYCLE LANES AND TRAILS THAT ARENOT BUILT AS PART OF NEW ROADWAYS OR ARE CONSTRUCTED WITH PERMEABLE SURFACES."STORMWATER INFILTRATION BASINLEGENDDRAINAGE MANAGEMENT AREA BOUNDARYSTORM DRAINRESIDENTIAL LOTS (60% IMPERVIOUS)STREET/PARKING AND HARDSCAPE (100% IMPERVIOUS)PRELIMINARY STORMWATER SIZING TABLESD-1DMA NUMBER8.1.bPacket Pg. 187Attachment: Palomino II Tentative Map (3711 : Glen Loma Ranch Palomino II Subdivision) Karen L. Garner DIRECTOR Community Development Department 7351 Rosanna Street, Gilroy, California 95020-61197 Telephone: (408) 846-0451 Fax (408) 846-0429 http://www.cityofgilroy.org DATE: March 10, 2022 TO: Planning Commission FROM: Melissa Durkin, Planner II SUBJECT: Tentative Map application to subdivide approximately 2.88 acres for build-out of the Palomino phase II neighborhood of the Glen Loma Ranch Specific Plan. Applicant Tim Filice representing Filice Family Estate. (TM 21-05). RECOMMENDATION: Staff has analyzed the proposed project and recommends that the Planning Commission adopt a resolution recommending that the City Council approve Tentative Map TM 21-05, subject to certain findings and conditions. BACKGROUND: Request: Tentative Map application TM 21-05 (#21090019) requests subdivision of approximately 2.88+/- acres for build-out of the Palomino II neighborhood of the Glen Loma Ranch Specific Plan area. The subject site is located at the southeast corner of Club Drive and Grenache Way. The site comprises APN # 808-43-003. The Palomino II neighborhood is the second phase of the Palomino neighborhood and will continue the pattern of development already established in that neighborhood. The requested map proposes to create four Compact single-family lots. This subdivision would also create one detention basin to serve the Glen Loma Ranch McCutchin Creek and Palomino phases I and II neighborhoods. Tentative Map application TM 21-05 is requested for mapping purposes only. Future build-out of these lots will be in accordance with the specific plan. Application filed by Tim Filice representing Filice Family Estate, 7888 Wren Avenue, Suite D143, Gilroy, CA 95020. Subject Property and Surrounding Land Uses: The subject site is presently undeveloped. The following table identifies the existing land uses and General Plan and zoning designations of the project site and surrounding properties. LOCATION EXISTING LAND USE GENERAL PLAN ZONING Project Site Undeveloped Palomino II Neighborhood Neighborhood 8.1.c Packet Pg. 188 Attachment: TM 2105 PC SR 3.10.22 (3711 : Glen Loma Ranch Palomino II Subdivision) 2 LOCATION EXISTING LAND USE GENERAL PLAN ZONING Neighborhood District (ND)/Glen Loma Ranch Specific Plan District/Planned Development (ND-PD) [Glen Loma Ranch Specific Plan] North Uvas Creek Park Preserve Park and Recreation Facility Park/ Public Facility South Glen Loma Ranch Palomino I Neighborhood Neighborhood District (ND)/Glen Loma Ranch Specific Plan ND-PD/Glen Loma Ranch Specific Plan East Ascencion Solorsano Middle School Public and Quasi- Public Facility ND-PD/Glen Loma Ranch Specific Plan West Glen Loma Ranch Olive Grove Neighborhood Neighborhood District (ND)/Glen Loma Ranch Specific Plan ND-PD/Glen Loma Ranch Specific Plan Environmental Assessment: On November 7, 2005, the City Council certified the Glen Loma Ranch Specific Plan Environmental Impact Report (EIR) with 52 mitigation measures and adopted the Glen Loma Ranch Specific Plan. The California Environmental Quality Act (CEQA) Guidelines section 15182, Residential Projects Pursuant to a Specific Plan, exempts residential projects pursuant to a specific plan from further environmental review under CEQA, if the project meets the requirements of that section. Staff finds that the proposed subdivision meets the requirements of section 15182 for the following reasons: 1. The Gilroy City Council certified the Glen Loma Ranch Specific Plan Environmental Impact Report (EIR) and adopted the Glen Loma Ranch Specific Plan on November 7, 2005; and 2. Tentative Map application TM 21-05 is a residential project implementing the approved Glen Loma Ranch Specific Plan; and 3. Tentative Map application TM 21-05 was undertaken pursuant to and in conformity with the approved Glen Loma Ranch Specific Plan. Because the project meets the requirements of section 15182, no additional CEQA analysis is required. The mitigation measures listed in the attached resolution would need to be implemented for this project. Implementation of these mitigation measures will be required prior to submittal of the first final map submitted pursuant to this requested tentative map approval. Future Architectural and Site Reviews: In accordance with the Glen Loma Ranch Development Agreement, architectural and site review permits for projects within Glen Loma Ranch, including the Palomino II neighborhood, would be approved by the 8.1.c Packet Pg. 189 Attachment: TM 2105 PC SR 3.10.22 (3711 : Glen Loma Ranch Palomino II Subdivision) 3 planning manager at staff level, provided the plans are consistent with specific plan requirements. ANALYSIS: General Plan Consistency: The City's General Plan designates the subject site as Neighborhood District/Glen Loma Ranch Specific Plan, which supports the proposed project request. The proposal conforms to the goals and policies of the General Plan , as discussed below: POLICY # TITLE AND SUMMARY ANALYSIS LU 1.1 Pattern of Development. Ensure orderly, contiguous development pattern; prioritize infill development; phase new development; encourage compactness and efficiency; preserve surrounding open space and agricultural resources; and avoid incompatible land uses. The Palomino II subdivision follows the development pattern envisioned by the Glen Loma Ranch Specific Plan. This subdivision is located adjacent to the Palomino I neighborhood and continues the pattern of development in Palomino I. Development of Palomino II will utilize infrastructure currently in place or under construction to support the Specific Plan as a whole. In addition, this phase of development will require completion of the Glen Loma Ranch Specific Plan EIR mitigation measures, which will ensure needed infrastructure is in place to support this development. With implementation of the remaining mitigation measures, the proposed map is consistent with this policy. LU 2.6 Glen Loma Ranch. Maintain and implement the Glen Loma Ranch Specific Plan to guide development in the area and ensure the new neighborhoods provide a complementary mix of housing, retail, services, public facilities, and open space. The Palomino II subdivision has been designed in accordance with the adopted Glen Loma Ranch Specific Plan. The proposed neighborhoods is part of the overall Specific Plan, which provides a complementary mix of housing types, public facilities and open space. The proposed map is consistent with this policy. LU 3.2 Connectivity. Encourage new residential development to incorporate design features that promote walking and The Palomino II subdivision tentative map incorporates connectivity between neighborhoods. The proposed map is consistent with this policy. 8.1.c Packet Pg. 190 Attachment: TM 2105 PC SR 3.10.22 (3711 : Glen Loma Ranch Palomino II Subdivision) 4 POLICY # TITLE AND SUMMARY ANALYSIS connectivity between blocks. LU 3.11 Noise Mitigation Design. Promote the use of techniques less visually intrusive than sound walls, including but not limited to site design techniques. No sound walls will be constructed as part of this project. The proposed map is consistent with this policy. M 1.5, 1.9, 1.10, 2.2, 3.2, 3.4 Interconnected Residential Streets. Encourage street patterns that provide direct access between neighborhoods for automobiles, pedestrians, and bicycles and connections to nearby neighborhood commercial services. Bicycle and pedestrian Path Network. Develop and maintain a network of paths along linear parks, public easements, drainages, and other open space areas to accommodate bicycle and pedestrian traffic. The Specific Plan overall provides compact, mixed-use development and a series of trails to encourage bicycle and pedestrian use. Transit opportunities will be provided throughout the Specific Plan area. The trails constructed with the other Specific Plan neighborhoods will provide pedestrian and bicycle access between neighborhoods and to the future commercial and recreational areas within the Specific Plan area. The proposed map is consistent with this policy. Neighborhood District Policy Consistency: This property is located within the Glen Loma Ranch Specific Plan Neighborhood District area, which was planned in compliance with General Plan Neighborhood District policies. The resolution approving the Glen Loma Ranch Specific Plan found that the design of the Plan was consistent with General Plan Neighborhood District policies (City Council Resolution 2005-82). The following Specific Plan components support that determination. A) Density Requirements: The “Neighborhood District Policy” [The Policy] sets minimum, but not maximum, density standards, and provides incentives for projects to achieve a higher “Target” density of approx imately 8 units per acre [The Policy section 8.1]. The Glen Loma Ranch Specific Plan addressed The Policy’s density requirements by setting requirements for minimum and maximum densities in each neighborhood; establishing a range of product types that could be developed within each neighborhood; and by requiring a mix of lot sizes and housing types within larger neighborhoods [Glen Loma 8.1.c Packet Pg. 191 Attachment: TM 2105 PC SR 3.10.22 (3711 : Glen Loma Ranch Palomino II Subdivision) 5 Ranch Specific Plan section 4]. While individual neighborhoods within the Specific Plan area may not meet minimum or target densities, the Specific Plan overall has been designed to meet these densities. B) Affordable Housing Requirements: The Policy requires that each Neighborhood District development construct a minimum of fifteen percent (15%) of its units at affordable prices. The adopted Development Agreement and Specific Plan set forth the specific considerations related to affordable housing and senior housing within the Glen Loma Ranch Specific Plan area. In accordance with the Development Agreement, 15.1 percent of the units constructed will be sold or rented at affordable levels, resulting in a potential maximum of 256 affordable units within this Specific Plan area. This number is comprised of seventy-five (75) unrestricted “Senior” units (29.3%), that are intended to be affordable by design (i.e. smaller units constructed at a higher density); seventy-five (75) “affordable Senior” units (29.3%) that will be affordable in accordance with adopted City policies; and 106 multi-family units (41.4%) that will be affordable in accordance with adopted City policies. These units may be either sold or rented. That number of affordable units is required if the developer achieves the maximum Specific Plan build out of 1,693 units; if fewer units are constructed, the number of affordable units required will be reduced accordingly, while maintaining the 15.1 percent affordability ratio. Staff anticipates a total of 1,275 units in the portion of the Specific Plan area that the Glen Loma Group controls. This would equate to a requirement for 193 affordable units in this portion of the Specific Plan area. Glen Loma Ranch has entitled, and is in the process of constructing, the following affordable units: Neighborhood Type # of units required out of 1,275 unit Total No. of Units Provided Town Center Affordable Senior Affordable Apartments 60 (29.3%) 62 (32.1%) Town Center Affordable Multi-Family Affordable Apartments 78 (41.4%) 94 (48.7%) Town Center Multi-Family Senior Unrestricted Townhouse Units 57 (29.3%) 46 (23.8%) Total Affordable Units 193 202 (104.6% of requirement) 8.1.c Packet Pg. 192 Attachment: TM 2105 PC SR 3.10.22 (3711 : Glen Loma Ranch Palomino II Subdivision) 6 As this chart shows, 202 units have been provided, which is 4.6% more than required. Therefore, the developer has exceeded the affordable unit obligation for the likely residential build-out of Glen Loma’s portion of the Specific Plan area. There are fewer Senior Unrestricted Units than anticipated, but far more multi- family affordable units and a few more senior affordable units. The actual unit mix produced is better than the unit mix negotiated via the development agreement because only multi-family affordable units and the senior affordable units satisfy the state’s Regional Housing Needs Allocation (RHNA) low-income and very-low income housing requirements. The senior unrestricted units are being sold at moderate-income prices, which is a category that is over-represented in Gilroy. The Gilroy Unified School District owns two other properties within the Specific Plan area: the Cabernet Neighborhood, which has been devel oped with Las Animas Elementary School, and the Olive Grove neighborhood. If either of these neighborhoods develops with residential units, the future developer may need to develop affordable housing units to ensure the Specific Plan area meets the 15.1% affordability requirement. C) Neighborhood Open Space: The Policy requires open space to meet the needs of residents in the neighborhood district area. Specifically, this policy requires “minimum standards for recreational areas and [. . .] a focal point recreational area in each neighborhood.” This issue is discussed in the “Open Space” section of this staff report. Staff believes the Glen Loma Ranch Specific Plan will provide exceptional recreational and open space amenities for residents as well as the community at large. D) Housing Diversity: The Policy states, “Neighborhood District master and specific plans shall mix housing of different densities together, integrating them throughout the Neighborhood District.” The Glen Loma Ranch Specific Plan meets this requirement by including the following housing types: compact and traditional single-family lots, zipper lots, and multi-family attached units. These housing types have been dispersed throughout the Specific Plan area. The Palomino II tentative map will add four compact lots to the housing mix. By complying with the requirements of the Glen Loma Ranch Specific Plan, the Palomino II neighborhood complies with The Policy. Santa Clara Valley Habitat Plan Consistency: The Glen Loma Group is processing a Habitat Plan permit for this neighborhood, in conformance with the requirements of Gilroy City Code Chapter 12.6. The Habitat Plan permit will establish mitigation fees that will be paid to the agency prior to grading permit issuance. Conformance with Glen Loma Ranch Specific Plan Development Standards and Guidelines: The proposed development is in the Glen Loma Ranch Specific Plan area. In accordance with the Gilroy City Code, the proposed subdivision may 8.1.c Packet Pg. 193 Attachment: TM 2105 PC SR 3.10.22 (3711 : Glen Loma Ranch Palomino II Subdivision) 7 be approved with a tentative map. Staff will review and approve the future architectural and site review applications separate from this proposed subdivision, in accordance with the Development Agreement. The following applicable development standards have been considered for the proposed project. Applicable Glen Loma Ranch Specific Plan Standards STANDARD REQUIRED PROPOSED CONFORMS? LUS-1 Each Neighborhood within the Specific Plan shall observe the setbacks to natural features established within the Specific Plan and project Mitigation Measures The Palomino II subdivision is surrounded by developed or developing land and will not impact natural features. Yes LUS-2 The Neighborhoods within the Specific Plan shall provide visual as well as physical access to the natural features being preserved and enhanced subject to environmental consideration where appropriate. The Palomino II subdivision is surrounded by developed or developing land and will not impact access to the open space areas. Yes LUS-11 Streets, and/or trails shall link schools, parks, commercial areas, and residential Neighborhoods to ensure pedestrian access. The Specific Plan has been designed with a system of streets and trails that connect the schools, parks, commercial areas and neighborhoods within the Specific Plan area. The proposed tentative map implements this aspect of the Specific Plan by constructing streets that will connect to the master planned street system. Yes TCMF/ OSS-2 Provide pedestrian paths to connect parking, open space and recreational facilities. The project has been designed with sidewalks that connect to parking, open space and recreational facilities. Yes 8.1.c Packet Pg. 194 Attachment: TM 2105 PC SR 3.10.22 (3711 : Glen Loma Ranch Palomino II Subdivision) 8 STANDARD REQUIRED PROPOSED CONFORMS? FPS-1 The size of each Focal Point shall be at least 4,500 square feet in size. The neighborhood focal point for the Palomino Neighborhood was designed as part of Palomino I. The focal point is 0.4 acres. Yes Applicable Glen Loma Ranch Specific Plan Guidelines STANDARD REQUIRED PROPOSED CONFORMS? VAG-1 Through streets are preferred, but loop streets are permitted to form interconnecting grid patterns. This subdivision proposes a through street that connects to surrounding through streets within the Specific Plan area. Yes Staff Analysis for Tentative Map (TM 21-05): The subject property would create four compact lots in the Palomino II neighborhood. The proposed tentative map would also create parcels for a detention basin and a private street. In accordance with Section 21.41(i) of the Gilroy City Code, initial approval of a tentative map is valid for twenty-four (24) months. Such approval may only be extended at the Council’s discretion. a) Site Layout and Lot Sizes: TM 21-05 proposes to subdivide land located on the northern end of the specific plan area adjacent to Club Drive. This subdivision is bordered to the north by Uvas Creek Park Preserve; to the south by the Palomino I neighborhood; to the east by Ascencion Solorsano Middle School; and to the west by the Olive Grove neighborhood (see attachment 2 for reduced plans). The following chart summarizes the proposed parcels and land uses: Land Use Acreage Lot(s) Detention Basin 0.66 B10 Residential Lots 0.37 1-4 Private Street 1.85 N/A Total 2.88 The Palomino II neighborhood is located on Club Drive between Grenache Way (existing public street) and Friedrich Place (approved private street). Palomino 8.1.c Packet Pg. 195 Attachment: TM 2105 PC SR 3.10.22 (3711 : Glen Loma Ranch Palomino II Subdivision) 9 II is the second phase of the Palomino I neighborhood, which was approved via tentative map application TM 16-01. The Palomino II neighborhood consists of four single-family Compact lots, at a density of 10.81+/- DU/net acre. [Compact Lots are described in the Specific Plan in Section 7, page 24.] Lots in this neighborhood range in size from 3,600+/- to 4,200+/- square feet and will be served by a private street [Friedrich Place] with at least four on-street parking spaces. [Note: all on-street parking discussed in this tentative map analysis is in addition to parking in garages and driveways.] All lots in this subdivision back onto a detention basin (lot B10). These lots will be provided with a masonry wall, rather than open fencing, as the detention basin is not preserved open space and will not be used for recreational purposes. b) Commercial Opportunity Site: The site where the Palomino II subdivision is located is designated as a “Commercial Opportunity Site” on the specific plan map. The Specific Plan description of the Palomino neighborhood more specifically states that this Commercial Opportunity Site could be in the Olive Grove, McCutchin Creek or Palomino neighborhoods, but does not require any of the neighborhoods to be developed with a commercial component. Rather, this site has been held in reserve to allow for a potential developer to acquire this site for commercial development if the opportunity arises. The applicant has submitted a letter from a commercial real estate service (see attachment four). The letter indicates this site is not suitable for commercial development for the following reasons: 1. The site is located mid-block with low traffic volumes; 2. The site has difficult ingress and egress; 3. The site does not have an anchor tenant that would attract customers; and 4. The proximity to a middle school would eliminate the possibility of a convenience store use. Staff agrees that this site would not be suitable for a commercial use and supports its development with a residential use. c) Density: The density of the Palomino I neighborhood is shown in the chart below. Neighborhood Total Units Net Area (acres) Net Density (DU/Acre) Palomino II 4 0.37 10.81+/- 8.1.c Packet Pg. 196 Attachment: TM 2105 PC SR 3.10.22 (3711 : Glen Loma Ranch Palomino II Subdivision) 10 d) Circulation: The Glen Loma Ranch Specific Plan includes a circulation system composed of arterial, collector and local roads connecting to Santa Teresa Boulevard, Miller Avenue, Tenth Street, and West Luchessa Avenue. The Specific Plan also includes a well-developed system of bicycle and pedestrian trails that provide connectivity throughout the Specific Plan area and to adjacent residential neighborhoods, Christmas Hill Park, and the Uvas Creek Park Preserve. Opportunities for transit are also included within the plan area. The private street within the Palomino II subdivision complies with city of Gilroy private street standards in terms of lane width, sidewalk width, and parking stall width; all private streets will be maintained by the homeowners’ association. The name of the new private street has been approved in accordance with the Development Agreement. Access to the Palomino II subdivision will be provided by Club Drive and Friedrich Place. e) Open Space: Although open space will be developed throughout the Specific Plan area, no additional open space will be developed as part of the Palomino II neighborhood. f) Stormwater Treatment Basin: The tentative map shows one detention basin on parcel B10. The basin is designed to provide stormwater detention and stormwater treatment for the proposed development. The treatment basin will be constructed as part of project improvements. g) On and Off-Site Improvements: The following on-site improvements would be developed as part of this tentative map approval: Friedrich Place along the property boundary; and the stormwater treatment basin. The following off-site improvements would be developed as part of this tentative map approval: completion of outstanding mitigation measures discussed above. FINDINGS: As discussed and analyzed above, the following findings can be made in support of the tentative map request: i) The proposed Tentative Map is generally consistent with the intent of the goals and policies of the Glen Loma Ranch Specific Plan. ii) The proposed Tentative Map is consistent with the intent of the goals and policies of the City's General Plan. iii) The proposed development is consistent with the Zoning Ordinance and the City's Subdivision and Land Development Code, and the State Subdivision Map Act. iv) Public utilities and infrastructure improvements needed to serve the proposed project are in close proximity. v) There will be no significant environmental impacts resulting from this project due to the required mitigation measures to be applied. 8.1.c Packet Pg. 197 Attachment: TM 2105 PC SR 3.10.22 (3711 : Glen Loma Ranch Palomino II Subdivision) 11 As such, staff supports a recommendation of approval by the Planning Commission with the recommended conditions included in this staff report. Gilroy Unified School District (GUSD): Project plans were routed to the GUSD for review and comments. Gilroy Unified School District staff has provided the following information about this site: a) The Glen Loma Ranch development is served by the following schools: Las Animas Elementary, Ascension Solorsano Middle School, and Gilroy High School. The District might construct an additional elementa ry school within the Glen Loma Ranch Specific Plan area in the future, if warranted. b) District staff expects approximately one student to be generated from this project and has determined that the schools serving the Glen Loma Ranch development have adequate capacity to serve the students generated by the new homes. Technical Advisory Committee (TAC): Project plans were routed to Engineering, Building, Police, and Fire representatives for internal review and comment. The TAC considered the project on September 16, 2021. Recommendations of the TAC members have been incorporated into the project plans and/or are included as recommended conditions in the attached resolution. Pursuant to Section 21.41(a), the Tentative Map was distributed for consideration by various departments and utility agencies. Standard comments received are incorporated in the recommended conditions of approval. Bicycle Pedestrian Committee (BPC): On October 26, 2021, staff presented the Palomino II project to the BPC. The BPC did not provide project-specific comments or recommendations. Noticing: Property owner information (i.e. list, labels, and map) within 500 feet of the subject site were generated by First American Title Company using current ownership data. On February 25, 2022, notices of this Planning Commission meeting were mailed to the property owners along with other interested parties. The notice was published in the Gilroy Dispatch on February 25, 2022. In addition, the property has been posted with on-site signage notifying passersby of pending development, and the Planning Commission public hearing packets are available through the City's webpage. Appeal Procedure: The Planning Commission's action is not final, but rather a recommendation. As such, the matter will be considered by the City Council at a later date. Attachments: 1. TM 21-05 Location map 2. Mitigation Measure Status 3. Palomino II Tentative Map 4. Commercial Site Viability 5. TM 21-05 Draft Resolution 8.1.c Packet Pg. 198 Attachment: TM 2105 PC SR 3.10.22 (3711 : Glen Loma Ranch Palomino II Subdivision) RESOLUTION NO. 2022-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING TENTATIVE MAP TM 21-05, A SUBDIVISION OF A 2.88+/- ACRE SITE INTO FOUR COMPACT LOTS IN THE PALOMINO II NEIGHBORHOOD; ONE PARCEL FOR A DETENTION BASIN; AND ONE PRIVATE STREET ON PROPERTY LOCATED AT THE SOUTHEAST CORNER OF CLUB DRIVE AND GRENACHE WAY (APN # 808-43-003), FILED BY FILICE FAMILY ESTATES, 7888 WREN AVENUE, SUITE D-143, GILROY, CA 95020 WHEREAS, Filice Family Estates submitted an application requesting a tentative parcel map to subdivide an approximate 2.88+/- acre site into four Compact single-family lots in the Palomino II neighborhood; one parcel for a detention basin; and one private street; and; and WHEREAS, the subject property is located within the Glen Loma Ranch Specific Plan area, on Club Drive between Friedrich Place and Grenache Way, commonly known as the Palomino II neighborhood; and WHEREAS, the Planning Commission of the City of Gilroy has considered TM 21-05 in accordance with the Gilroy Zoning Ordinance, and other applicable standards and regulations; and WHEREAS, TM 21-05 was referred to various public utility companies and City departments, including the Technical Advisory Committee for recommendations; and WHEREAS, on November 7, 2005, the City of Gilroy adopted the Glen Loma Ranch Specific Plan; and WHEREAS, on November 21, 2005, the City of Gilroy adopted the Glen Loma Ranch Development Agreement; and WHEREAS, an environmental impact report (EIR) was prepared and certified for this site on November 7, 2005 as part of the review of application GPA 00-01; and WHEREAS, the California Environmental Quality Act (CEQA) Guidelines section 15182, Residential Projects Pursuant to a Specific Plan, exempts residential projects pursuant to a specific plan from further environmental review under CEQA, as long as the project meets the requirements of that section, and City Staff has determined that the proposed residential subdivision meets the requirements of section 15182 such that no further environmental analysis is required by CEQA; and WHEREAS, a mitigation monitoring and reporting plan has been prepared, consistent with the certified EIR; and WHEREAS, the City Council finds that the proposed residential subdivision meets the requirements of CEQA Guidelines section 15182 because: 8.1.d Packet Pg. 199 Attachment: TM 2105 City Council Draft Resolution (3711 : Glen Loma Ranch Palomino II Subdivision) Resolution No. 2022-XX Establishing Pension Funding Policy City Council Regular Meeting | April 18, 2022 Page 2 of 29 1. The Gilroy City Council certified the Glen Loma Ranch Specific Plan Environmental Impact Report (EIR) and adopted the Glen Loma Ranch Specific Plan on November 7, 2005; and 2. Tentative Map application TM 21-05 is a residential project implementing the approved Glen Loma Ranch Specific Plan; and 3. Tentative Map application TM 21-05 was undertaken pursuant to and in conformity with the approved Glen Loma Ranch Specific Plan. WHEREAS, the City Council finds that no additional CEQA analysis is required; and WHEREAS, the Planning Commission held a duly noticed public hearing on March 10, 2022, at which time the Planning Commission considered the public testimony, the staff report dated March 10, 2022 (“Planning Commission Staff Report”), and all other documentation related to TM 21-05, and recommended that the City Council approve TM 21-05 with 130 conditions; and WHEREAS, the City Council held a duly noticed public hearing on April 18, 2022, at which time the City Council considered the public testimony, the staff report dated April 18, 2022 (“City Council Staff Report”), and all other documentation related to TM 21-05; and WHEREAS, the City Council finds that TM 21-05 conforms to the City's General Plan and elements thereof, including the “Glen Loma Ranch Specific Plan” and the “Neighborhood District Policy”; and NOW, THEREFORE, BE IT RESOLVED THAT: SECTION I In order to deny the map, the Council would have to make one of the eight listed findings described in Government Code Section 66474 based upon substantial evidence in the record. The eight findings are listed below, along with an explanation for each one as to why the Council cannot make the finding: A. The proposed subdivision TM 21-05 is not consistent with applicable general and specific plans as specified in 65451. This Finding cannot be made. The proposed subdivision TM 21-05 is generally consistent with the goals and policies of the City’ General Plan, “Glen Loma Specific Plan” and the City’s “Neighborhood District Policy”; B. That the design or improvement of the proposed subdivision TM 21-05 is not consistent with applicable general and specific plans. This Finding cannot be made. The proposed subdivision TM 21-05 is generally consistent with the goals and policies of the City’ General Plan, “Glen Loma Specific Plan” and the City’s “Neighborhood District Policy.” 8.1.d Packet Pg. 200 Attachment: TM 2105 City Council Draft Resolution (3711 : Glen Loma Ranch Palomino II Subdivision) Resolution No. 2022-XX Establishing Pension Funding Policy City Council Regular Meeting | April 18, 2022 Page 3 of 29 C. That the site is not physically suitable for the type of development. This Finding cannot be made. The site is physically suitable for this type of development because it is generally consistent with the City’s Zoning Ordinance, Subdivision and Land Development Code; D. That the site is not physically suitable for the proposed density of development. This Finding cannot be made. The site is physically suitable for this type of development because it is generally consistent with the City’s Zoning Ordinance, the goals and policies of the “Glen Loma Specific Plan” and the City’s “Neighborhood District Policy”; E. That the design of the proposed subdivision TM 21-05 or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. This Finding cannot be made. The design of the subdivision and the proposed improvements will not cause substantial environmental damage, or substantially injure fish or wildlife because the site is located within a developed urban context and is not in or adjacent to any sensitive habitat areas; F. That the design of the subdivision or type of improvements is likely to cause serious public health problems. This Finding cannot be made. The design of the proposed subdivision TM 21-05 will not cause serious public health problems because the site is located within an urban context and has access to urban services including sewer and water; and G. That the design of the proposed subdivision TM 21-05 or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the governing body may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision. This Finding cannot be made. The design of the proposed subdivision TM 21-05 will not conflict with access easements because there are no known existing access easements encumbering this property. SECTION II The City Council of the City of Gilroy hereby approves TM 22-05, subject to the 130 conditions of approval set forth in Exhibit “A” attached hereto. 8.1.d Packet Pg. 201 Attachment: TM 2105 City Council Draft Resolution (3711 : Glen Loma Ranch Palomino II Subdivision) Resolution No. 2022-XX Establishing Pension Funding Policy City Council Regular Meeting | April 18, 2022 Page 4 of 29 PASSED AND ADOPTED this 18th day of April 2022, by the following roll call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: APPROVED: Marie Blankley, Mayor ATTEST: ___________________________ Thai Nam Pham, City Clerk 8.1.d Packet Pg. 202 Attachment: TM 2105 City Council Draft Resolution (3711 : Glen Loma Ranch Palomino II Subdivision) Resolution No. 2022-XX Establishing Pension Funding Policy City Council Regular Meeting | April 18, 2022 Page 5 of 29 EXHIBIT A CONDITIONS OF APPROVAL TM 21-05 PLANNING CONDITIONS The following GENERAL conditions authorize specific terms of the project ENTITLEMENT(S). 1. APPROVED PROJECT: The approval for tentative map TM 21-05 is granted to subdivide an approximate 2.88+/- acre site into four Compact single-family lots in the Palomino II neighborhood; one parcel for a detention basin; and one private street on Assessor Parcel No. 808-43-003, as shown on Project Plans dated as received by the Planning Division on September 13, 2021 prepared by Ruggeri-Jensen-Azar for the Glen Loma Corporation, dated August 2021, and consisting of six sheets. Build-out of the project shall conform to the plans, except as otherwise specified in these conditions. Any future adjustment or modification to the plans, including any changes made at time of improvement plan submittal, shall be considered by the Community Development Director or designee, may require separate discretionary approval, and shall conform to all City, State, and Federal requirements, including subsequent City Code requirements or policies adopted by City Council. 2. INDEMNIFICATION: Developer agrees, as a condition of permit approval, at Developer’s own expense, to defend, indemnify, and hold harmless the City of Gilroy (“the City”) and its officers, contractors, consultants, attorneys, employees and agents from any and all claim(s), action(s) or proceeding(s) brought against the City or its officers, contractors, consultants, attorneys, employees, or agents to challenge, attack, set aside, void or annul the approval of this resolution or any condition attached thereto or any proceedings, acts or determinations taken, including actions taken under the California Environmental Quality Act of 1970, as amended, done or made prior to the approval of such resolution that were part of the approval process. 3. Failure to appeal this decision in a timely manner, or commencement of any activity related to the project, is understood to clarify Developer’s acceptance of all conditions and obligations imposed by this permit and waiving any challenge to the validity of the conditions and obligations stated therein 4. WATER LIMITATIONS: Developer shall be advised that the approval is subject to the drought emergencies provisions pursuant to the Gilroy City Code Chapter 27.98. Mitigation Measures. The following MITIGATION MEASURES, which are contained within the Glen Loma Ranch Specific Plan EIR and EIR addendum, prepared pursuant to the California 8.1.d Packet Pg. 203 Attachment: TM 2105 City Council Draft Resolution (3711 : Glen Loma Ranch Palomino II Subdivision) Resolution No. 2022-XX Establishing Pension Funding Policy City Council Regular Meeting | April 18, 2022 Page 6 of 29 Environmental Quality Act, and as modified based upon changes in applicable regulations, are included as conditions of approval. 5. All EIR mitigation measures would need to be implemented prior to submittal of the parcel map submitted pursuant to this requested tentative map approval. 6. Project proponents shall specify in project plans the implementation of the following dust control measures during grading and construction activities for any proposed development. The measures shall be implemented as necessary to adequately control dust, subject to the review and approval by the City of Gilroy Engineering Division (corresponds to EIR Mitigation Measure 3): The following measures shall be implemented at all construction sites: • Water all active construction areas at least twice daily; • Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard; • Pave, apply water three times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas and staging areas at construction sites; • Sweep daily (with water sweepers) all paved access roads, parking areas and staging areas at construction sites; and • Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets. The following measures shall be implemented at all construction sites greater than four acres in area: • Hydroseed or apply (non-toxic) soil stabilizers to inactive construction areas (previously graded areas inactive for ten days or more); • Enclose, cover, water twice daily or apply (non-toxic) soil binders to exposed stockpiles (dirt, sand, etc.); • Limit traffic speeds on unpaved roads to 15 mph; • Install sandbags or other erosion control measures to prevent silt runoff to public roadways; and • Replant vegetation in disturbed areas as quickly as possible. The following measures are strongly encouraged at construction sites that are large in area, located near sensitive receptors or which for any other reason may warrant additional emission reductions: • Install wheel washers for all existing trucks, or wash off the tires or tracks of all trucks and equipment leaving the site; • Install wind breaks, or plant trees/vegetative wind breaks at windward side(s) of construction areas; • Suspend excavation and grading activity when winds (instantaneous gusts) exceed 25 miles per hour; and • Limit the area subject to excavation, grading and other construction activity at any one time. 8.1.d Packet Pg. 204 Attachment: TM 2105 City Council Draft Resolution (3711 : Glen Loma Ranch Palomino II Subdivision) Resolution No. 2022-XX Establishing Pension Funding Policy City Council Regular Meeting | April 18, 2022 Page 7 of 29 7. Subject to the review of the City of Gilroy Planning Division, no more than 30 days prior to commencement of grading or construction activities for development proposed in or adjacent to potential nesting habitat (i.e., riparian woodland and oak woodland), a tree survey shall be conducted by a qualified biologist to determine if active nest(s) of protected birds are present in the trees. Areas within 200 feet of the construction zone that are not within the control of the applicant shall be visually assessed from the project site. This survey shall be required only if any construction would occur during the nesting and/or breeding season of protected bird species potentially nesting in the tree (generally March 1 through August 1). If active nest(s) are found, clearing and construction within 200 feet of the tree, or as recommended by the qualified biologist, shall be halted until the nest(s) are vacated and juveniles have fledged and there is no evidence of a second attempt at nesting, as determined by the qualified biologist. If construction activities are not scheduled between March 1 and August 1, no further shrike or tree surveys shall be required (corresponds to EIR Mitigation Measure 5). 8. Subject to the review of the City of Gilroy Planning Division, no more than 30 days prior to commencement of grading or construction activities for development proposed in or adjacent to potential roost habitat (i.e., riparian woodland and oak woodland), pre- construction surveys for bat roosts shall be performed by a qualified biologist. If bat roost sites are found, the biologist shall implement a program to remove/displace the bats prior to the removal of known roost sites. In addition, an alternate roost site shall be constructed in the vicinity of the known roost site. Specifications of the alternate roost shall be determined by a bat specialist (corresponds to EIR Mitigation Measure 6). 9. Prior to approval of each tentative map or use permit, project plans for future development on the project site shall be designed to avoid unnecessary filling or other disturbance of natural drainage courses and associated oak/riparian woodland vegetation to the greatest extent feasible, subject to review and approval of the City of Gilroy Planning Division. In the event that disturbance of site drainages and associated oak/riparian woodland vegetation cannot be avoided (i.e., Reservoir Canyon Creek Bridge construction, culverts, storm drain outfalls, etc.), authorization from the California Department of Fish and Game through Section 1600 et. seq. of the Fish and Game Code and/or the U.S. Army Corps of Engineers through Section 404 of the Clean Water Act and the Regional Water Quality Control Board through Section 401 of the Clean Water Act shall be obtained, if required, prior to issuance of building or grading permits for any activity that might encroach on the site’s drainages. Conditions imposed on these permits and/or authorizations may include but not be limited to the following (corresponds to EIR Mitigation Measure 8): • Construction work shall be initiated and completed during the summer and fall months when the drainages are dry, or at least have a very low flow. Typically, no construction work shall be allowed between October 15th and April 15th. • A Habitat Restoration Plan shall be prepared to identify the exact amount and location of affected and replacement habitat, to specify on-site revegetation with locally- obtained native species within the buffer areas to mitigate habitat loss, and to provide specifications for installation and maintenance of the replacement habitat. Any loss of riparian or wetland vegetation resulting from construction activities shall be mitigated on- 8.1.d Packet Pg. 205 Attachment: TM 2105 City Council Draft Resolution (3711 : Glen Loma Ranch Palomino II Subdivision) Resolution No. 2022-XX Establishing Pension Funding Policy City Council Regular Meeting | April 18, 2022 Page 8 of 29 site at a minimum 3:1 replacement ratio. 10. Any loss of oak and/or riparian woodland habitat resulting from development shall require the project proponent to retain a qualified biologist to prepare a Habitat Restoration Plan to identify the exact amount and location of affected and replacement habitat, specify an appropriate plant palette, and provide specifications for installation and maintenance of the replacement habitat. Replacement vegetation shall consist of locally-obtained native plant species. Any loss of riparian woodland vegetation shall be mitigated on-site at a minimum of 3:1 replacement ratio, unless otherwise determined by the Department of Fish and Game and the City of Gilroy. Any loss of oak woodland vegetation shall require preservation of on-site oak woodland at a ratio of 3:1 and replanting on-site at a ratio of 1:1, unless otherwise determined by the Department of Fish and Game and the City of Gilroy. The Habitat Restoration Plan shall be prepared prior to issuance of building or grading permits for any activity requiring removal of oak and/or riparian woodland habitat, subject to review and approval of the City of Gilroy Planning Division and California Department of Fish and Game (corresponds to EIR Mitigation Measure 9). 11. Prior to commencement of construction activities associated with Reservoir Canyon Creek Bridge, the project proponent responsible for construction of the bridge shall arrange for a qualified biologist to monitor bridge construction activities to ensure there are no impacts to wetlands and associated oak/riparian woodland habitat (corresponds to EIR Mitigation Measure 10). 12. Prior to issuance of grading and/or building permits, subject to the review of the Gilroy Planning Division, the project applicant shall install siltation fencing, hay bales, or other suitable erosion control measures along portions of natural and manmade drainage channels in which construction will occur and within 20 feet of construction and/or staging areas in order to prevent sediment from filling the creek (corresponds to EIR Mitigation Measure 13). 13. Prior to issuance of grading and/or building permits, the project proponent of any future development on the project site shall submit a Landscape Plan, for review and approval by the City of Gilroy Planning Division. Landscaping plans for areas adjacent to riparian habitat shall include appropriate guidelines to prevent contamination of drainages and their associated riparian habitat by pesticides, herbicides, fungicides, and fertilizers. Landscaping shall include appropriate native plants species and should not include plantings of non-native, invasive plant species (corresponds to EIR Mitigation Measure 14). 14. A schematic lighting plan shall be submitted with each development proposal for review and approval by the Planning Division. Exterior lighting for any development proposed adjacent to open space areas shall be of low stature (i.e., 20 feet) and shall be of a full cutoff design or include opaque shields to reduce illumination of the surrounding landscape. Lighting shall be directed away from open space areas (corresponds to EIR Mitigation Measure 16). 8.1.d Packet Pg. 206 Attachment: TM 2105 City Council Draft Resolution (3711 : Glen Loma Ranch Palomino II Subdivision) Resolution No. 2022-XX Establishing Pension Funding Policy City Council Regular Meeting | April 18, 2022 Page 9 of 29 15. Prior to approval of a tentative map for each phase of the proposed project containing or adjacent to preserved natural open space areas, a signage plan shall be prepared to outline the language, number and location of signs to dissuade people from straying off trails and to prohibit unleashed dogs in the open space areas, subject to approval by the City of Gilroy Planning Division (corresponds to EIR Mitigation Measure 17). 16. Prior to commencement of construction activities, the protected zone of any trees or groups of trees to be retained shall be fenced to prevent injury to the trees during construction. Soil compaction, parking of vehicles or heavy equipment, stockpiling of construction materials, and/or dumping of materials shall not be allowed within the protected zone. The fencing shall remain in place until all construction activities are complete (corresponds to EIR Mitigation Measure 19). 17. Project proponents shall submit a soils investigation prepared by a qualified soils engineer for future development on the project site. The recommendation of the soils investigation shall be incorporated into final building plans, subject to the review and approval by the Gilroy Engineering Division prior to approval of any building permits (corresponds to EIR Mitigation Measure 20). 18. The project applicant shall design all structures in accordance with the Uniform Building Code for seismic design. In addition, all recommendations in the geotechnical reports prepared for the project shall be implemented. Structural design is subject to the review and approval by the Gilroy BLES Division prior to the issuance of building permits (corresponds to EIR Mitigation Measure 21). 19. The project applicant for any proposed development on the project site, shall, for each phase of the development, submit a Notice of Intent (NOI) and detailed engineering designs to the Central Coast RWQCB. The associated permit shall require development and implementation of a SWPPP that uses storm water “Best Management Practices” to control runoff, erosion and sedimentation from the site. The SWPPP must include Best Management Practices that address source reduction and, if necessary, shall include practices that require treatment. The SWPPP shall be submitted to the City of Gilroy Engineering Division for review and approval prior to approval of a building permit for each phase of the project (corresponds to EIR Mitigation Measure 24). 20. The project applicant shall submit plans for review by, and obtain an approved permit from, the Santa Clara Valley Water District for any work that requires a permit from the water district (corresponds to EIR Mitigation Measure 25). 21. Future applicants in the Glen Loma Ranch specific plan area shall prepare a post- construction storm water management plan, subject to the review and approval of the Gilroy Engineering Division prior to the approval of final improvement plans, that shall include structural and non-structural best management practices (BMPs) for the reduction of pollutants in storm water to the maximum extent practicable (corresponds to EIR Mitigation Measure 26). 8.1.d Packet Pg. 207 Attachment: TM 2105 City Council Draft Resolution (3711 : Glen Loma Ranch Palomino II Subdivision) Resolution No. 2022-XX Establishing Pension Funding Policy City Council Regular Meeting | April 18, 2022 Page 10 of 29 22. Prior to issuance of a grading permit for all areas within the Specific Plan area, the following measures shall be incorporated into the project plans to mitigate construction noise, subject to the review and approval of the City of Gilroy Engineering Division (corresponds to EIR Mitigation Measure 28): a. Construction shall be limited to weekdays between 7 AM and 7 PM and Saturdays and holidays between 9 AM and 7 PM, with no construction on Sundays; b. All internal combustion engine-driven equipment shall be equipped with mufflers that are in good condition and appropriate for the equipment; and c. Stationary noise-generating equipment shall be located as far as possible from sensitive receptors when sensitive receptors adjoin or are near a construction project area. 23. Signalize the Santa Teresa Boulevard/Fitzgerald Avenue intersection and add eastbound and westbound left turn lanes (corresponds to EIR Mitigation Measure 34). The project proponent shall be responsible for paying for the design and implementation of this mitigation measure, prior to the issuance of the first building permit in Phase II. 24. Add a northbound left turn lane to the Uvas Park Drive/Miller Avenue intersection. The project proponent shall be responsible for paying for the design and implementation of this mitigation measure, prior to the issuance of the first building permit in Phase II (corresponds to EIR Mitigation Measure 35). 25. Add second eastbound and westbound left turn lanes to the Santa Teresa Boulevard/First Street intersection (corresponds to EIR Mitigation Measure 37). The project proponent shall be responsible for paying for the design and implementation of this mitigation measure, prior to the issuance of the first building permit in Phase III. 26. Signalize the Uvas Park Drive/Miller Avenue intersection and add northbound and southbound left-turn lanes (corresponds to EIR Mitigation Measure 39). The project proponent shall be responsible for paying for the design and implementation of this mitigation measure, prior to the issuance of the first building permit in Phase III. Note: This intersection would operate at LOS C during the AM and PM peak hours with implementation of this improvement. However, under General Plan Buildout Conditions, the Tenth Street Bridge would be required to be constructed. With the Tenth Street Bridge, this intersection would operate at LOS A during the AM peak hour and LOS C during the PM peak hour with NO improvements, e.g. signalization and lane additions. Therefore, the mitigation measure identified above would not be required under General Plan Buildout Conditions, assuming the Tenth Street Bridge were constructed. One option would be to only add the northbound left-turn lane as recommended in the previous scenario (Background Plus Project Phases I and II) and consider LOS E as an 8.1.d Packet Pg. 208 Attachment: TM 2105 City Council Draft Resolution (3711 : Glen Loma Ranch Palomino II Subdivision) Resolution No. 2022-XX Establishing Pension Funding Policy City Council Regular Meeting | April 18, 2022 Page 11 of 29 acceptable short term level of service for this intersection. Another option is to implement the mitigation measure above (signalize the intersection and add the left-turn lanes, which would improve operations to LOS C during the AM and PM peak hours), with the knowledge that the signal could be removed once the Tenth Street Bridge is constructed at General Plan Buildout Conditions. 27. If the Thomas Road/Luchessa Avenue intersection was converted to a one lane modern roundabout, add a second lane to the roundabout and widen the Luchessa Avenue Bridge to four lanes. This would result in LOS A during both the AM and PM peak hours (corresponds to EIR Mitigation Measure 41). OR If the Thomas Road/Luchessa Avenue intersection was signalized and a northbound right turn lane was added, add a second westbound left turn lane and westbound through lane and widen the Luchessa Avenue Bridge to four lanes. The project proponent shall be responsible for paying for the design and implementation of this mitigation measure, prior to the issuance of the first building permit in Phase III. 28. Add second northbound and westbound left turn lanes at the Monterey Street/Luchessa Avenue intersection (corresponds to EIR Mitigation Measure 43). The project proponent shall be responsible for paying for the design and implementation of this mitigation measure, prior to the issuance of the first building permit in Phase III. 29. Add an eastbound and westbound through lane on First Street at its intersection with Santa Teresa Boulevard (corresponds to EIR Mitigation Measure 44). The project proponent shall be responsible for paying for the design and implementation of this mitigation measure, prior to the issuance of the first building permit in Phase III. 30. Residential fire sprinklers shall be installed in all residences within the specific plan area over 3,000 square feet, including single-family and multi-family town homes or apartments, and residential clusters with more than 25 units that lack secondary access. Residential fire sprinklers shall be installed prior to occupancy. Prior to approval of future development projects within the specific plan area, the City Fire Marshal may require that all residences have residential fire sprinkler systems, regardless of conditions stated above, especially if streets are narrow, buildings are closely spaced, emergency response time is not met, there is inadequate fire flow, building are adjacent to natural areas, or other conditions exist that could hinder the ability of the City of Gilroy Fire Department to perform fire suppression acts in such case they would be needed. The sprinklers shall be designed and installed in accordance with City of Gilroy Fire Department policies (corresponds to EIR Mitigation Measure 50). 8.1.d Packet Pg. 209 Attachment: TM 2105 City Council Draft Resolution (3711 : Glen Loma Ranch Palomino II Subdivision) Resolution No. 2022-XX Establishing Pension Funding Policy City Council Regular Meeting | April 18, 2022 Page 12 of 29 31. The Glen Loma Ranch Homeowner’s Association shall take full responsibility for management and maintenance of the preserved open space areas within the project site. Seasonal vegetation management should be scheduled to occur at the end of the rainy season and consistent with the annual weed abatement resolution. The HOA should implement any vegetation management in the Preserved Open Spaces and Fuel Transition Zones at the beginning of the weed abatement season. This language shall be included in the HOA conditions, covenants, and restrictions (corresponds to EIR Mitigation Measure 52). The following conditions shall be addressed prior to issuance of any GRADING PERMIT or IMPROVEMENT PLAN. 32. CONDITIONS OF APPROVAL: Developer shall include a plan sheet(s) that includes a reproduction of all conditions of approval of this permit, as adopted by the City Council. The following conditions shall be met prior to tract acceptance. 33. ON- AND OFF-SITE IMPROVEMENTS: Prior to tract acceptance, Developer shall complete all required offsite and onsite improvements related to the project, including structures, paving, and landscaping, unless otherwise allowed by the Community Development Director, or stated in these conditions. The following conditions shall be met prior to the approval of the FINAL MAP or PARCEL MAP, or other deadline as specified in the condition. 34. TENTATIVE MAP: The approved tentative map shall expire twenty-four (24) months from the approval date and may be extended pursuant to the provisions of the Subdivision Map Act and Gilroy City Code section 21.41 (i), if the final map is not approved prior to expiration. 35. HOMEOWNERS’ ASSOCATION: Developer shall establish Homeowners’ Associations (HOA) for the Palomino II neighborhood or annex this neighborhood into the existing Glen Loma Ranch HOA. The HOA shall be responsible for the maintenance and enforcement of parking, private streets, landscaping, recreation and other interior areas held in common by the HOA. Such responsibilities shall be provided within the Covenants, Conditions, and Restrictions (CC&Rs) for the development. The City shall review all CC&Rs prior to recordation. 36. COVENANTS, CONDITIONS, AND RESTRICTIONS: Any covenants, conditions, and restrictions (CC&Rs) applicable to the project property shall be consistent with the terms of this permit and the City Code. If there is a conflict between the CC&Rs and the City Code or this permit, the City Code or this permit shall prevail. The following conditions shall be complied with AT ALL TIMES DURING THE 8.1.d Packet Pg. 210 Attachment: TM 2105 City Council Draft Resolution (3711 : Glen Loma Ranch Palomino II Subdivision) Resolution No. 2022-XX Establishing Pension Funding Policy City Council Regular Meeting | April 18, 2022 Page 13 of 29 CONSTRUCTION PHASE OF THE PROJECT, or as otherwise specified in the condition. 37. CONSTRUCTION RELATED NOISE: To minimize potential construction-related impacts to noise, Developer shall include the following language on any grading, site work, and construction plans issued for the subject site “During earth-moving, grading, and construction activities, Developer shall implement the following measures at the construction site: a. Limit construction activity to weekdays between 7:00 a.m. and 7:00 p.m., and on Saturdays between 9:00 a.m. and 7:00 p.m. Construction noise is prohibited on Sundays and City-observed holidays; b. Locate stationary noise-generating equipment as far as possible from sensitive receptors when sensitive receptors adjoin or are near a construction project area; c. Construct sound walls or other noise reduction measures prior to developing the project site; d. Equip all internal combustion engine driven equipment with intake and exhaust mufflers that are in good condition and appropriate for the equipment; e. Prohibit all unnecessary idling of internal combustion engines; f. Utilize “quiet” models of air compressors and other stationary noise sources where technology exists; and g. Designate a “disturbance coordinator’ who would be responsible for responding to any complaints about construction noise. The disturbance coordinator will determine the cause of the noise complaint (e.g. bad muffler, etc.) and will require that reasonable measures be implemented to correct the problem.” 38. CONSTRUCTION RELATED AIR QUALITY: To minimize potential construction- related impacts to air quality, Developer shall require all construction contractors to implement the basic construction mitigation measures recommended by the Bay Area Air Quality Management District (BAAQMD) and shall include the following language on any grading, site work, and construction plans issued for the project site “During earth-moving, grading, and construction activities, Developer shall implement the following basic control measures at the construction site: a. All exposed surfaces (e.g. parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day; b. All haul trucks transporting soil, sand, or other loose material onsite or offsite shall be covered; c. All visible mud or dirt tracked out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited; d. All vehicle speeds on unpaved roads or pathways shall be limited to 15 miles per hour; e. All roadways, driveways, and sidewalks to be paved shall be completed as soon as 8.1.d Packet Pg. 211 Attachment: TM 2105 City Council Draft Resolution (3711 : Glen Loma Ranch Palomino II Subdivision) Resolution No. 2022-XX Establishing Pension Funding Policy City Council Regular Meeting | April 18, 2022 Page 14 of 29 possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used; f. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points; g. All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified visible emissions evaluator; and h. Post a publicly visible sign with the telephone number and person to contact at the lead agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District’s phone number shall also be visible to ensure compliance with applicable regulations.” 39. DISCOVERY OF CONTAMINATED SOILS: If contaminated soils are discovered, the Developer will ensure the contractor employs engineering controls and Best Management Practices (BMPs) to minimize human exposure to potential contaminants. Engineering controls and construction BMPs will include, but not be limited to, the following: a. Contractor employees working on-site will be certified in OSHA’s 40-hour Hazardous Waste Operations and Emergency Response (HAZWOPER) training; b. Contractor will stockpile soil during development activities to allow for proper characterization and evaluation of disposal options; c. Contractor will monitor area around construction site for fugitive vapor emissions with appropriate filed screening instrumentation; d. Contractor will water/mist soil as it is being excavated and loaded onto transportation trucks; e. Contractor will place any stockpiled soil in areas shielded from prevailing winds; and f. Contractor will cover the bottom of excavated areas with sheeting when work is not being performed. 40. DISCOVERY OF PALEONTOLOGICAL RESOURCES: In the event that a fossil is discovered during construction of the project, excavations within 50’ of the find shall be temporarily halted or delayed until the discovery is examined by a qualified paleontologist, in accordance with the Society of Vertebrate Paleontology standards. The City shall include a standard inadvertent discovery clause in every construction contract to inform contractors of this requirement. If the find is determined to be significant and if avoidance is not feasible, the paleontologist shall design and carry out a data recovery plan consistent with the Society of Vertebrate Paleontology standards. 41. DISCOVERY OF ARCHAEOLOGICAL RESOURCES: In the event of an accidental discovery of archaeological resources during grading or construction activities, Developer shall include the following language on any grading, site work, and construction plans 8.1.d Packet Pg. 212 Attachment: TM 2105 City Council Draft Resolution (3711 : Glen Loma Ranch Palomino II Subdivision) Resolution No. 2022-XX Establishing Pension Funding Policy City Council Regular Meeting | April 18, 2022 Page 15 of 29 issued for the project site: “If archaeological or cultural resources are discovered during earth-moving, grading, or construction activities, all work shall be halted within at least 50 meters (165 feet) of the find and the area shall be staked off immediately. The monitoring professional archaeologist, if one is onsite, shall be notified and evaluate the find. If a monitoring professional archaeologist is not onsite, the City shall be notified immediately and a qualified professional archaeologist shall be retained (at Developer’s expense) to evaluate the find and report to the City. If the find is determined to be significant, appropriate mitigation measures shall be formulated by the professional archaeologist and implemented by the responsible party.” 42. DISCOVERY OF HUMAN REMAINS: In the event of an accidental discovery or recognition of any human remains, Developer shall include the following language in all grading, site work, and construction plans: “If human remains are found during earth-moving, grading, or construction activities, there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the coroner of Santa Clara County is contacted to determine that no investigation of the cause of death is required. If the coroner determines the remains to be Native American the coroner shall contact the Native American Heritage Commission within 24 hours. The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descendent (MLD) from the deceased Native American. The MLD may then make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and associated grave goods as provided in Public Resources Code Section 5097.98. The landowner or his authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further disturbance if: a) the Native American Heritage Commission is unable to identify a MLD or the MLD failed to make a recommendation within 24 hours after being notified by the commission; b) the descendent identified fails to make a recommendation; or c) the landowner or his authorized representative rejects the recommendation of the descendent, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner.” ENGINEERING CONDITIONS 43. GENERAL - At first improvement plan submittal, utility sheets shall show appropriate line types and labels to identify different type of utilities and pipe sizes. Clearly identify both public and private utilities. 8.1.d Packet Pg. 213 Attachment: TM 2105 City Council Draft Resolution (3711 : Glen Loma Ranch Palomino II Subdivision) Resolution No. 2022-XX Establishing Pension Funding Policy City Council Regular Meeting | April 18, 2022 Page 16 of 29 44. GENERAL - Improvement plans (as second sheet in plan set) shall contain Approved Conditions of Approval. 45. GENERAL - Improvement plans shall include General Notes found in the City of Gilroy General Guidelines. A complete set of improvement plans shall consist of Civil site design, landscape site design, Electrical, Joint Trench. 46. GENERAL - Improvement plan cover sheet shall include a table summarizing all facilities (Streets, Utilities, Landscaping, etc.), showing the ownership of all facilities, and the maintenance responsibilities of all facilities. 47. GENERAL - The applicant shall obtain all applicable permits from federal, state, and local agencies as required to construct the proposed improvements. A copy of these permits will be provided prior to building permits for that phase/tract. 48. GENERAL – Improvement plans are required for both on-site and off-site improvements. 49. GENERAL - Existing overhead utilities shall be undergrounded and related utility poles removed along the property frontage 50. GENERAL - All existing public utilities shall be protected in place and if necessary, relocated as approved by the City Engineer. No permanent structure is permitted within City easements without the approval of the City of Gilroy. 51. GENERAL - Prior to any work within public right of way or City easement, the developer shall obtain an encroachment permit from the City. 52. GENERAL - All improvements shall be designed and constructed in accordance with the City of Gilroy Municipal Code and Standard Specifications and Details, and is subject to all laws of the City of Gilroy by reference. Street improvements and the design of all off-site storm drainage facilities, sewer and water lines, and all street sections shall be in accordance with City Standards and shall follow the most current City Master Plan for streets, as approved by the City of Gilroy’s Public Works Director/City Engineer. 53. GENERAL - Prior to issuance of any building permits, developer shall submit for City 8.1.d Packet Pg. 214 Attachment: TM 2105 City Council Draft Resolution (3711 : Glen Loma Ranch Palomino II Subdivision) Resolution No. 2022-XX Establishing Pension Funding Policy City Council Regular Meeting | April 18, 2022 Page 17 of 29 approval water, sewer and storm drain studies for the development. These studies shall provide supporting hydraulic calculation for pipe sizing per City standard design guideline. 54. GENERAL - At first improvement plan submittal, developer’s engineer shall submit a calculation for sanitary sewer and water generation per the City’s Master Plan design criteria. 55. FEE - The project is subject to the City’s Street Tree, Storm, Sewer, Water, Traffic, and Public Facilities Development Impact Fees. Latest City impact fee schedule is available on the City’s website. Payment of development impact fees will be required for each unit prior to permit issuance and shall be based on the current comprehensive fee schedule in effect at the time of fee payment, consistent with and in accordance with City policy. 56. FEE - Prior to plan approval, developer shall submit a detailed project cost estimate by the project engineer, subject to City Engineer approval. Cost estimate shall be broken out into on-site and off-site improvements. 57. FEE - Prior to Parcel map approval, Developer shall pay 100% of the plan check and processing fees and other related fees that the property is subject to, enter into a property improvement agreement, and provide payment and performance bonds each for 100% of the cost for improvements with the City that shall secure the construction of the improvements. Insurance shall be provided per the terms of the agreement. 58. GRADING & DRAINAGE - All grading activity shall address National Pollutant Discharge Elimination System (NPDES) concerns. If all or part of the construction occurs during the rainy season, the developer shall submit an Erosion Control Plan to the Public Works Director for review and approval. This plan shall incorporate erosion control devices and other techniques in accordance with Municipal Code § 27C to minimize erosion. Specific measures to control sediment runoff, construction pollution and other potential construction contamination sediment runoff, construction pollution and other potential construction contamination shall be addressed through the Erosion Control Plan and Storm Water Pollution Prevention Plan (SWPPP). The SWPPP shall supplement the Erosion Control Plan and project improvement plans. These documents shall also be kept on-site while the project is under construction. A Notice of Intent (NOI) shall be filed with the State Water Resources Control Board, with a copy provided to the Engineering Division before a grading permit will be issued. WDID# shall be added to the grading plans prior to plan approval. 8.1.d Packet Pg. 215 Attachment: TM 2105 City Council Draft Resolution (3711 : Glen Loma Ranch Palomino II Subdivision) Resolution No. 2022-XX Establishing Pension Funding Policy City Council Regular Meeting | April 18, 2022 Page 18 of 29 59. GRADING & DRAINAGE - Prior to building permit issuance, the applicant’s Geotechnical Engineer shall review the final grading, pavement design and drainage plans to ensure that said designs are in accordance with their recommendations and the peer review comments. The applicant’s Geotechnical engineer’s approval shall then be conveyed to the City either by letter or by signing the plans. 60. GRADING & DRAINAGE - At first improvement plan submittal, the developer shall submit a Storm Water Management Plan (SWMP) prepared by a registered Civil Engineer. The SWMP shall analyze the existing and ultimate conditions and facilities, and the study shall include all off-site tributary areas. Study and the design shall be in compliance with the City’s Stormwater Management Guidance Manual (latest edition). Existing offsite drainage patterns, i.e., tributary areas, drainage amount and velocity shall not be altered by the development. 61. GRADING & DRAINAGE - All grading and improvement plans shall identify the vertical elevation datum, date of survey, and surveyor. 62. GRADING & DRAINAGE - Improvement and grading plans shall show existing topo and features at least 50’ beyond the project boundary. Clearly show existing topo, label contour elevations, drainage patterns, flow lines, slopes, and all other property encumbrances. 63. GRADING & DRAINAGE – Geotechnical Engineer to confirm infiltration rates by conducting Double Ring Infiltrometer Testing with appropriate safety factors of all stormwater detention and/or retention facilities. 64. PUBLIC IMPROVEMENTS – Prior to Parcel Map approval, developer shall execute a property improvement agreement and post Payment and Performance bonds each for 100% of cost for improvement with the City that shall secure the construction of the public improvements. Insurance shall be provided per the terms of the agreement. 65. PUBLIC IMPROVEMENTS - The developer shall repair or replace all existing damaged improvements not designated for removal and all new improvements that are damaged or removed because of developer's operations. Developer shall request a walk-through with the Engineering Construction Inspector before the start of construction to verify existing conditions. 66. CONSTRUCTION - Recycled water shall be used for construction water, where available, as determined by the Public Works Director. Recycled water shall be billed at the municipal industrial rate based on the current Santa Clara Valley Water 8.1.d Packet Pg. 216 Attachment: TM 2105 City Council Draft Resolution (3711 : Glen Loma Ranch Palomino II Subdivision) Resolution No. 2022-XX Establishing Pension Funding Policy City Council Regular Meeting | April 18, 2022 Page 19 of 29 District’s Valley Water’s municipal industrial rate. 67. CONSTRUCTION - All construction water from fire hydrants shall be metered and billed at the current hydrant meter rate. 68. CONSTRUCTION - The City shall be notified at least ten (10) working days prior to the start of any construction work and at that time the contractor shall provide a project schedule and a 24-hour emergency telephone number list. 69. CONSTRUCTION - Construction activity shall be restricted to the period between 7:00 a.m. to 7:00 p.m. Mondays through Fridays, Saturday 9:00 a.m. to 7:00 p.m. for general construction activity. No work shall be done on Sundays and City Holidays. The Public Works Director will apply additional construction period restrictions, as necessary, to accommodate standard commute traffic along arterial roadways and along school commute routes. 70. CONSTRUCTION - All work shown on the improvement plans, if applicable, shall be inspected. Uninspected work shall be removed as deemed appropriate by the Public Works Director. 71. CONSTRUCTION - If the project has excess fill or cut that will be off-hauled to a site or on-hauled from a site within the city limits of Gilroy, an additional permit is required. This statement must be added as a general note to the Grading and Drainage Plan. 72. CONSTRUCTION - It is the responsibility of the contractor to make sure that all dirt tracked into the public right-of-way is cleaned up on a daily basis. Mud, silt, concrete and other construction debris shall not be washed into the City’s storm drains. 73. CONSTRUCTION - At least one week prior to commencement of work, the Developer shall post at the site and mail to the Engineering Division and to owners of property within (300') three hundred feet of the exterior boundary of the project site a notice that construction work will commence on or around the stated date. The notice shall include a list of contact persons with name, title, phone number and area of responsibility. The person responsible for maintaining the list shall be included. The list shall be current at all times and shall consist of persons with authority to initiate corrective action in their area of responsibility. The names of individuals responsible for dust, noise and litter control shall be expressly identified in the notice. 74. CONSTRUCTION - Prior to final inspections, all pertinent conditions of approval and 8.1.d Packet Pg. 217 Attachment: TM 2105 City Council Draft Resolution (3711 : Glen Loma Ranch Palomino II Subdivision) Resolution No. 2022-XX Establishing Pension Funding Policy City Council Regular Meeting | April 18, 2022 Page 20 of 29 all improvements shall be completed to the satisfaction of the Planning Director and City Engineer. 75. TRANSPORTATION - Any work in the public right-of-way shall require a traffic control plan prepared by a licensed professional engineer with experience in preparing such plans. Traffic Control Plan shall be prepared in accordance with the requirements of the latest edition of the California Manual on Uniform Traffic Control Devices. The Traffic Control Plan shall be approved prior to the commencement of any work within the public right of way. 76. UTILTIES - The Developer/Contractor shall make accessible any or all City utilities as directed by the Public Works Director. PROJECT SPECIFIC ENGINEERING CONDITIONS OF APPROVAL 77. FEE – The project is subject to the City’s Street Tree, Storm, Sewer, Water, Traffic, and Public Facilities Development Impact Fees. The following are approximate impact fees based on planning phase information for a Residential - High Density project. Actual fees will be based on Final Design information. i. Street Tree Development =$273 ii. Storm Development = $2,630 iii. Sewer Development = $27,868 iv. Water Development = $7,156 v. Traffic Impact = $40,964 vi. Public Facilities = $73,896 Latest City impact fee schedule is available on the City’s website. Payment of Impact Fees are required at each unit building permit issuance. Fees shall be based on the current comprehensive fee schedule in effect at the time of fee payment, consistent with and in accordance with City policy. 78. GENERAL - No building permits shall be issued until the Parcel Map is recorded. 79. GENERAL - The approved construction schedule shall be shared with Gilroy Unified School District (GUSD) to avoid traffic impacts to surrounding school functions. An approved construction information handout(s) shall also be provided to GUSD to share with school parents. 80. GENERAL - A current Title Report dated within the last six months, shall be submitted with the first submittal improvement plans. An existing site plan shall be submitted showing all existing site conditions and title report easements. Include 8.1.d Packet Pg. 218 Attachment: TM 2105 City Council Draft Resolution (3711 : Glen Loma Ranch Palomino II Subdivision) Resolution No. 2022-XX Establishing Pension Funding Policy City Council Regular Meeting | April 18, 2022 Page 21 of 29 bearings and distances for all Right of Way and Easements on the plans. 81. GENERAL - The Developer shall provide a “composite plan” showing Civil, Landscape, Electrical, and Joint Trench design information (as a separate sheet titled “Composite Plan”) to confirm that there are no conflicts. 82. GENERAL - At first submittal, developer shall provide a Geotechnical report that includes pavement section recommendations for all public and private street pavement sections. 83. GRADING & DRAINAGE - All grading operations and soil compaction activities shall be per the approved project’s design level geotechnical report. All grading activities shall be conducted under the observation of, and tested by, a licensed geotechnical engineer. A report shall be filed with the City of Gilroy for each phase of construction, stating that all grading activities were performed in conformance with the requirements of the project’s geotechnical report. The developer shall add this condition to the general notes on the grading plan 84. PUBLIC IMPROVEMENTS – All work in the public right of way, or for public use, shall require an encroachment permit issued by Public Works, and shall be contained in one set. Plans are to be submitted to Public Works for review and approval. 85. PUBLIC IMPROVEMENTS – Offsite improvement plans shall be completed per the Public Works Engineering Checklist found in the Public Works, Engineering, portion of the City’s website. Partial submittals shall not be accepted. Applicant shall make a pre-submittal appointment with the Public Work Land Development Section, to review that all submittal applications items are complete. 86. PUBLIC IMPROVEMENTS – Prior to Final Map Approval, the developer shall obtain design approval and bond for all necessary improvements. All improvements must be built to the city Engineer’s satisfaction prior to issuance of the last certificate of occupancy. 87. PUBLIC IMPROVEMENTS – At first plan submittal, provide all sight distance exhibits showing adequate sight distance. 88. PUBLIC IMPROVEMENTS - The developer shall microsurface Grenache Way and Club drive along project frontage prior to project acceptance. 89. CONSTRUCTION - All portions of the site subject to blowing dust shall be watered 8.1.d Packet Pg. 219 Attachment: TM 2105 City Council Draft Resolution (3711 : Glen Loma Ranch Palomino II Subdivision) Resolution No. 2022-XX Establishing Pension Funding Policy City Council Regular Meeting | April 18, 2022 Page 22 of 29 as often as deemed necessary by the City, or a minimum of three times daily. Streets will be cleaned by street sweepers or by hand as often as deemed necessary by the Public Works Director, or at least once a day. 90. CONSTRUCTION - The minimum soils sampling and testing frequency shall conform to Chapter 8 of the Caltrans Construction Manual. The subdivider shall require the soils engineer to daily submit all testing and sampling and reports to the City Engineer. 91. CONSTRUCTION – Prior to Parcel Map approval, the Developer/Applicant shall submit a proposed construction phasing and schedule for approval by the City Engineer. Schedule format shall be Microsoft Prospect, and shall identify the scheduled critical path for the installation of improvements. The schedule shall be updated weekly. 92. CONSTRUCTION - Grading operations between October 15 and April 15 will require a winterized grading and erosion control plan to be submitted to the Department of Public Works for approval. Grading activities will not be allowed unless the winterized grading permit is approved by Public Works. The plan shall include (at a minimum) the following items: • Specify the work to be conducted during the winter months with estimated number of working days to complete activity and the type of equipment to be used. • Provide a general schedule of the proposed work activities with a written narrative/description of work that includes the procedures for completing said work. • Show how the entire site will be protected “Winterized” from sediment erosion and transport and show how all exposed soil will be managed. • Show temporary sediment basins to be used for collecting stormwater. Sediment basins shall be sized appropriately and calculations shall be provided as part of the plan submittal. • Provide details of the temporary sediment basin’s erosions control measures such as sediment berms, Hydroseeding, and bank stabilization. • On a single plan sheet, show the entire site at an appropriate scale sufficient to make grading information legible with the location of temporary sediment basins, overland flow arrows indicating flow to the temporary sediment basins, and indicate the discharge locations. 93. CONSTRUCTION PARKING - No vehicle having a manufacturer's rated gross vehicle weight exceeding ten thousand (10,000) pounds shall be allowed to park on the portion of a street which abuts property in a residential zone without prior approval from the Public Works Director (§ 15.40.070). 8.1.d Packet Pg. 220 Attachment: TM 2105 City Council Draft Resolution (3711 : Glen Loma Ranch Palomino II Subdivision) Resolution No. 2022-XX Establishing Pension Funding Policy City Council Regular Meeting | April 18, 2022 Page 23 of 29 94. TRANSPORTATION – At first plan submittal, developer shall submit on-site and off- site photometric plans. 95. TRANSPORTATION - At first plan submittal developer shall model all Emergency Vehicle circulation movements, as a separate plan sheet. The circulation plan shall be prepared to the City Engineer’s satisfaction, and modeled with AutoTurn swept analysis software, all turning and street circulation movements. 96. TRANSPORTATION – Applicant shall obtain a letter from Recology confirming serviceability and site accessibility of solid waste pickup, Contact Lisa Patton, Operations Manager 408-846-4421. Include Recology letter with first building permit submittal. 97. TRANSPORTATION - Developer shall design driveway grades to keep a standard design vehicle from dragging or “bottoming out” on the street or driveway and to keep water collected in the street from flowing onto the lots. The details of such design shall be provided at improvement plan phase and shall be to the satisfaction of the City Transportation Engineer. 98. UTILITIES – All new services to the development shall be "underground service" designed and installed in accordance with the Pacific Gas and Electric Company, AT&T (phone) Company and local cable company regulations. Transformers and switch gear cabinets shall be placed underground unless otherwise approved by the Planning Director and the City Engineer. Underground utility plans must be submitted to the City prior to installation. 99. UTILITIES - The following items will need to be completed prior to first building permit submittal: a. The Developer shall provide joint trench composite plans for the underground electrical, gas, telephone, cable television, and communication conduits and cables including the size, location and details of all trenches, locations of building utility service stubs and meters and placements or arrangements of junction structures as a part of the Improvement Plan submittals for the project. Show preferred and alternative locations for all utility vaults and boxes if project has not obtained PG&E approval. A licensed Civil or Electrical Engineer shall sign the composite drawings and/or utility improvement plans. (All dry utilities shall be placed underground). b. The Developer shall negotiate right-of-way with Pacific Gas and Electric and other utilities subject to the review and approval by the Engineering Division and the utility companies. 8.1.d Packet Pg. 221 Attachment: TM 2105 City Council Draft Resolution (3711 : Glen Loma Ranch Palomino II Subdivision) Resolution No. 2022-XX Establishing Pension Funding Policy City Council Regular Meeting | April 18, 2022 Page 24 of 29 c. Will Serve Letter” from each utility company for the subdivision shall be supplied to the City. 100. UTILITIES - A note shall be placed on the joint trench composite plans which states that the plan agrees with City Codes and Standards and that no underground utility conflict exists. The Joint consultant shall provide the City a separate “project utility composite plan” showing all Civil, Landscape, electrical, and joint trench information to confirm that there are no conflicts with joint trench plan utilities. 101. UTILITIES – Storm and sewer lines in private streets shall be privately owned and maintained. This should be noted on the title sheet of the project improvement plan. 102. UTILITIES - Prior to any construction of the dry utilities in the field, the following will need to be supplied to the City: i. A professional engineer signed original electrical plan. ii. A letter from the design Electrical or Civil Engineer that states the electrical plan conforms to City codes and Standards, and to the approved improvement plans. 103. UTILITIES - Sanitary sewer laterals and/or water meters located in driveways shall have traffic rated boxes and lids. 104. UTILITIES - The Developer shall perform Fire Hydrant test to confirm water system will adequately serve the development and will modify any part of the systems that does not perform to the standards established by the City. Developer shall coordinate with Fire Department for the Fire Hydrant test. 105. UTILITIES - The project shall fully comply with the measures required by the City’s Water Supply Shortage Regulations Ordinance (Gilroy City Code, Chapter 27, Article VI), and subsequent amendments to meet the requirements imposed by the State of California’s Water Board. This ordinance established permanent voluntary water saving measures and temporary conservation standards. 106. UTILTIES - All new mainline storm drain piping shall have a minimum diameter of 18 inches and the lateral connections shall have a minimum diameter of 15 inches. 107. UTILITIES - Developer shall provide separate irrigation meter to serve this development’s common area landscaping. 108. UTILITIES - Water lines and related facilities within the proposed subdivision will be publicly owned and maintained. 8.1.d Packet Pg. 222 Attachment: TM 2105 City Council Draft Resolution (3711 : Glen Loma Ranch Palomino II Subdivision) Resolution No. 2022-XX Establishing Pension Funding Policy City Council Regular Meeting | April 18, 2022 Page 25 of 29 109. WATER QUALITY - Proposed development shall comply with state mandated regional permits for both pre-construction and post-construction stormwater quality requirements per chapter 27D of the Gilroy Municipal Code, and is subject to, but not limited to, the following: a. At first improvement plan submittal, project shall submit a design level Stormwater Control Plan Report (in 8 ½ x 11 report format), to include background, summary, and explanation of all aspects of stormwater management. Report shall also include exhibits, tables, calculations, and all technical information supporting facts, including but not limited to, exhibit of the proposed site conditions which clearly delineates impervious and pervious areas on site. Provide a separate hatch or shading for landscaping/pervious areas on-site including those areas that are not bioretention areas. This stormwater control plan report format does not replace or is not in lieu of any stormwater control plan sheet in improvement plans. b. The stormwater control plan shall include a signed Performance Requirement Certifications specified in the Stormwater Guidance Manual. c. At developer’s sole expense, the stormwater control plan shall be submitted for review by an independent third party accepted by the City for compliance. Result of the peer review shall be included with the submittal for City evaluation. d. Prior to plan approval, the Developer of the site shall enter into a formal written Stormwater BMP Operation and Maintenance Agreement with the City, including Exhibit A and Exhibit B. i. The City shall record this agreement against the property or properties involved and it shall be binding on all subsequent owners of land served by the stormwater management treatment BMPs. The City-standard Stormwater BMP Operation and Maintenance Agreement will be provided by Public Works Engineering. ii. This Agreement shall require that the BMPs not be modified and BMP maintenance activities not alter the designed function of the facility from its original design unless approved by the City prior to the commencement of the proposed modification or maintenance activity. iii. This Agreement shall also provide that in the event that maintenance or repair is neglected, or the stormwater management facility becomes a danger to public health or safety, the city shall have the authority to perform maintenance and/or repair work and to recover the costs from the owner. iv. All on-site stormwater management facilities shall be operated and maintained in good condition and promptly repaired/replaced by the property owner(s) or other legal entity approved by the City. v. Any repairs or restoration/replacement and maintenance shall be in accordance with City-approved plans. vi. The property owner(s) shall develop a maintenance schedule for the life of any 8.1.d Packet Pg. 223 Attachment: TM 2105 City Council Draft Resolution (3711 : Glen Loma Ranch Palomino II Subdivision) Resolution No. 2022-XX Establishing Pension Funding Policy City Council Regular Meeting | April 18, 2022 Page 26 of 29 stormwater management facility and shall describe the maintenance to be completed, the time period for completion, and who shall perform the maintenance. This maintenance schedule shall be included with the approved Stormwater Runoff Management Plan. e. Stormwater BMP Operations and Maintenance Agreement shall include inspections to be required for this project and shall adhere to the following: i. The property owner(s) shall be responsible for having all stormwater management facilities inspected for condition and function by a certified third party QSP or QSD. ii. Stormwater facility inspections shall be done at least twice per year, once in Fall by October 1st, in preparation for the wet season, and once in Winter by March 15th. Written records shall be kept of all inspections and shall include, at minimum, the following information: 1. Site address; 2. Date and time of inspection; 3. Name of the person conducting the inspection; 4. List of stormwater facilities inspected; 5. Condition of each stormwater facility inspected; 6. Description of any needed maintenance or repairs; and 7. As applicable, the need for site re-inspection. f. Upon completion of each inspection, an inspection report shall be submitted to Public Works Engineering no later than October 1st for the Fall report, and no later than March 15th of the following year for the Winter report. g. Before commencing any grading or construction activities, the developer shall obtain a National Pollutant Discharge Elimination System (NPDES) permit and provide evidence of filing of a Notice of Intent (NOI) with the State Water Resources Control Board. 110. WATER QUALITY - The developer is responsible for ensuring that all contractors are aware of all storm water quality measures and implement such measures. Failure to comply with the approved construction BMPs will result in the issuance of correction notices, citations or a project stop order. 111. WATER QUALITY - The developer shall secure a QSD or QSP to maintain all erosion control and BMP measures during construction. The developers QSD or QSP shall provide the City weekly inspection reports. 112. WATER QUALITY – Sequence of construction for all Post Construction Required facilities (PCR’s) / stormwater facilities (bioswales, detention/retention basins, drain rock, etc.) shall be done as a final phase of construction to prevent silting of facilities 8.1.d Packet Pg. 224 Attachment: TM 2105 City Council Draft Resolution (3711 : Glen Loma Ranch Palomino II Subdivision) Resolution No. 2022-XX Establishing Pension Funding Policy City Council Regular Meeting | April 18, 2022 Page 27 of 29 and reduce the intended use of the facilities. Prior to final inspection, all stormwater facilities will be tested by a certified QSP or QSD to meet the minimum design infiltration rate. A maximum of 9 percolation tests shall be completed. 113. STORMWATER – All soil and infiltration properties for all stormwater facilities shall be evaluated by the geotechnical engineer. Percolation tests at horizontal and vertical (at the depth of the stormwater facility) shall be conducted for each stormwater facility. A 50% safety factor shall be applied to the calculated percolation test and shall be used as the basis for design (the design percolation rate). The geotechnical report shall include a section designated for stormwater design, including percolation results and design parameters. 114. STORMWATER – This project may be subject to an audit by the Central Coast Regional Board. City may be required to provide the project stormwater design and storm water management plan for Regional Board review and comment. The project may need to provide the Regional Board any and all necessary documents (including reports, technical data, plans, etc.) for the Regional Board approval. 115. LANDSCAPING - Landscaping plans shall not conflict with the stormwater management water treatment plan. 116. LANDSAPING – The proposed landscaping along the project public street frontages are maintained by project HOA. Developer shall submit a separate exhibit showing all the HOA maintained landscape areas for Glen Loma Ranch that are within the public right-of-way. 117. MASTER PLANS - Confirm the project is in compliance with the City’s Utility Master Plans. Project utility calculations and reports shall identify conformance to the City's adopted Utility Master Plans. 118. PROJECT ACCEPTANCE – At first improvement plan submittal, plans must show current topographic survey including current improvements along all adjacent public and private streets. 119. PROJECT ACCEPTANCE – Until such time as all improvements required are fully completed and accepted by City, Developer will be responsible for the care maintenance of and any damage to such improvements. City shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the work or Improvements required for this project prior to the completion and acceptance of the work or Improvements. All 8.1.d Packet Pg. 225 Attachment: TM 2105 City Council Draft Resolution (3711 : Glen Loma Ranch Palomino II Subdivision) Resolution No. 2022-XX Establishing Pension Funding Policy City Council Regular Meeting | April 18, 2022 Page 28 of 29 such risks shall be the responsibility of and are hereby assumed by the Developer. 120. PROJECT ACCEPTANCE – Certification of grades and compaction is required prior to Building Permit final. This statement must be added as a general note to the Grading and Drainage Plan 121. PROJECT ACCEPTANCE – Prior to project acceptance, developer shall submit for review and approval all of the items identified in the Public Works Department “Development Project Closeout” list. 122. PARCEL MAP - All parcel maps shall designate all common lots as lettered lots. The Parcel map should be clear on the limits of Public vs. Private (HOA) designations. 123. PARCEL MAP - Prior to Parcel map approval, the developer shall establish a homeowner association. The homeowner association shall be responsible for the maintenance of the landscaping, walls, private streetlights, private utilities, private streets, and common areas, and shall have assessment power. HOA shall be responsible maintenance of the Storm Water Control treatment areas and the CC&R’s shall describe how the stormwater BMPs associated with privately owned improvements and landscaping shall be maintained by the association. 124. PARCEL MAP –The Parcel Map shall be presented to the City Council for review and action. The City Council meeting will be scheduled approximately fifty (50) days after the Final Map is deemed technically correct, and Subdivision Improvement Plans with supporting documents, reports and agreements are approved by the City. Developer shall dedicate necessary right of way and public easements for the project development. 125. Prior to Parcel Map Approval, the developer shall enter into a landscape maintenance agreement with the City for all related landscape and trails within the limits of the Glen Loma Ranch Specific Plan. This Agreement shall also include any landscape, road, and trail easements related Santa Teresa Blvd. A detailed map of all areas covered shall be approved by the City Engineer and the County of Santa Clara. 126. GRADING & DRAINAGE – All cut and fill slopes along public right of way shall be 3:1 or flatter. 127. GRADING & DRAINAGE – Final grading shall achieve minimum 10’ from basin to the top of slope of any permanent structure (Fence, sidewalks, etc.) 8.1.d Packet Pg. 226 Attachment: TM 2105 City Council Draft Resolution (3711 : Glen Loma Ranch Palomino II Subdivision) Resolution No. 2022-XX Establishing Pension Funding Policy City Council Regular Meeting | April 18, 2022 Page 29 of 29 128. GRADING & DRAINAGE – Maintain 2’ flat area adjacent to the back of walk, and 3:1 slope from top of basin to the flat area along the sidewalk at Club Drive and Grenache Way frontage. 129. GRADING & DRAINAGE – At final design, the basin shall have an all-weather surface (minimum 10’ wide) around the basin for year-round maintenance. 130. LANDSCAPING – The final landscaping design shall screen the basin from all sides and views from the public right of way. This may require multiple rows of landscaping. 8.1.d Packet Pg. 227 Attachment: TM 2105 City Council Draft Resolution (3711 : Glen Loma Ranch Palomino II Subdivision) City of Gilroy STAFF REPORT Agenda Item Title: Recreational Vehicle Tow Policy Meeting Date: April 18, 2022 From: Jimmy Forbis, City Administrator Department: Police Department Submitted By: Pedro Espinoza Prepared By: Juan Rocha Juan Rocha Strategic Plan Goals ☐ Develop a Financially Resilient Organization ☐ Ensure Neighborhood Equity from City Services ☐ Promote Economic Development Activities ☐ Promote Safe, Affordable Housing for All ☐ Maintain and Improve City Infrastructure RECOMMENDATION Receive Report EXECUTIVE SUMMARY At the June 7, 2021 Gilroy City Council meeting, City Council adopted a legislative agenda to include 16 policies and programs for FY22 and FY23. This staff report addresses legislative agenda item, Recreational Vehicle Tow Policy. DISCUSSION Gilroy has two city codes related to parking enforcement, City Code (GCC) 15.67 No parking for more than 72 hours and 15.62 No parking of oversized vehicles. GCC section 15.67, no parking for more than 72 hours , adopted in 1974, is used for vehicle enforcement. In the event a vehicle is parked or left standing on a street in excess of 72 consecutive hours, it may be considered abandoned and removed from 10.1 Packet Pg. 228 the street and subject to the requirements of the Californi a Vehicle Code. Citations for this section can be avoided by vehicle owners by moving their vehicle at time intervals less than every 72 hours. GCC section 15.62, adopted in 1999, refers to oversized vehicles and special mobile equipment may only be parked in the public right of way for 48 hours during any 14-day interval. Oversized vehicles are defined as a vehicle or combination of vehicles that exceed twenty-two feet in length, or seven feet in height (including any load or accessory), or seven feet in width, exclusive of any projecting lights or devices allowed by the provisions of the California Vehicle Code. Special mobile equipment is considered vehicles not used primarily for the transportation of persons or property rather they are used in road construction and maintenance machinery. Oversized vehicles or special mobile equipment found in violation of this section may be cited by a police officer or city employee engaged in enforcing parking regulations or directing traffic. Often oversized recreational vehicles are abandoned on public right of ways. By increasing enforcement of GCC 15.62 by Police personnel, there will be more contact with individuals and their vehicles, providing an opportunity for occupants to move their recreational vehicle and avoid citation and tow. The cost of disposal for an oversized recreational vehicle has increased. Oversized recreational vehicles are manufactured with materials other than metal that makes them less desirable for recycling. Unlike an abandoned automobile, oversized recreational vehicles contain hazardous waste tanks, propane tanks, and refrigerants that all require special handling. To accommodate the riding cost for disposal of an oversized recreational vehicle, in 2018, Council approved increasing the fee payable to our local tow service providers from $500 to $1,000 per oversized vehicle towed. To educate the public, the Police Department provided information regarding the enforcement of oversized recreational vehicles on social media platforms as well as provided information to those living in recreational vehicles to include resources for long term/RV parking options. Gilroy Police Department Policy 510 Vehicle Towing and Release, outlines the procedures for towing a vehicle at or by the direction of GPD and the responsibilities of those personnel towing, storing, or impounding a vehicle. Prior to towing a vehicle, an effort to notify the owner of a vehicle subject to removal will be made by personal contact, telephone, or attaching a tag to the vehicle at least 24 hours prior to removal. A vehicle that presents a hazard, such as abandoned on the roadway, may be towed immediately. Towed vehicles shall be released after proof of current registration and valid driver’s license is provided by the owner or the person in control of the vehicle and payment of applicable fees. Attachments: 10.1 Packet Pg. 229 1. GPD Policy 510 Vehicle Towing & Release 2. Gilroy City Code 15.62 and 15.67 10.1 Packet Pg. 230 10.1.a Packet Pg. 231 Attachment: GPD Policy 510 Vehicle Towing & Release (3715 : RV Tow Policy) 10.1.a Packet Pg. 232 Attachment: GPD Policy 510 Vehicle Towing & Release (3715 : RV Tow Policy) 10.1.a Packet Pg. 233 Attachment: GPD Policy 510 Vehicle Towing & Release (3715 : RV Tow Policy) 10.1.a Packet Pg. 234 Attachment: GPD Policy 510 Vehicle Towing & Release (3715 : RV Tow Policy) 10.1.a Packet Pg. 235 Attachment: GPD Policy 510 Vehicle Towing & Release (3715 : RV Tow Policy) 10.1.a Packet Pg. 236 Attachment: GPD Policy 510 Vehicle Towing & Release (3715 : RV Tow Policy) Gilroy City Code 15.62 Oversized vehicles and special mobile equipment— Parking prohibited. (a) It shall be unlawful for any person to park an oversized vehicle or special mobile equipment on any public or private street, public off-street parking lot, or any other public property, except for a maximum of forty-eight (48) consecutive hours for loading, unloading, cleaning, and routine maintenance and repair, or in conjunction with a permitted construction project. The forty-eight (48) hour exception period shall not occur more than once in any fourteen (14) day period. (b) For the purpose of this section, the term “oversized vehicle” shall mean any vehicle or combination of vehicles that exceeds twenty-two (22) feet in length, or seven (7) feet in height (including any load or accessory thereon), or seven (7) feet in width, exclusive of any projecting lights or devices allowed by the provisions of the California Vehicle Code. (c) For the purpose of this section, the term “special mobile equipment” shall include, but is not limited to, ditch- digging apparatus, asphalt spreaders, bituminous mixers, bucket loaders, tractors other than truck tractors, leveling graders, finishing machines, motor graders, road rollers, scarifiers, earth moving carryalls, scr apers, power shovels, draglines, self-propelled cranes and earth-moving vehicles. (d) Oversized vehicles or special mobile equipment found in violation of this section may be cited by any sworn peace officer or any regularly employed and salaried city employee who is engaged in directing traffic or enforcing parking laws and regulations. The provisions of the California Vehicle Code governing liability for vehicles cited shall be applicable in determining responsibility for such citation. (Ord. No. 99 -16, § II, 9-20-99) 15.67 Parking for more than seventy-two hours prohibited. No person who owns or has possession, custody and control of any vehicle shall park such vehicle upon any street or alley for more than a period of seventy -two (72) consecutive hours. In the event a vehicle is parked or left standing upon a street in excess of seventy -two (72) consecutive hours, it may be considered abandoned and any member of the police department authorized by the chief of police may remove such vehicle from the street in the manner and subject to the requirements of the California Vehicle Code. (Ord. No. 480, §§ 43, 72; Ord. No. 543, §§ 1, 3; Ord. No. 580, §§ 1, 2; Ord. No. 620, § 1; Ord. No. 702, § 1; Ord. No. 1017, § 1, 6-17-74; Ord. No. 90-1, § 2, 2-20-90; Ord. No. 96-2, § 1, 2-20-96) 10.1.b Packet Pg. 237 Attachment: Gilroy City Code 15.62 and 15.67 (3715 : RV Tow Policy)