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
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City Council Regular Meeting Minutes
April 4, 2022
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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
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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.
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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
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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
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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
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MC
3/14/2022
20-PW-444
3/15/2022
3/14/2022
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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
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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
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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
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MC
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3/15/2022
3/14/2022
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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
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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
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3/15/2022
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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
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3/15/2022
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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
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3/15/2022
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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
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3/14/2022
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3/15/2022
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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
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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
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3/15/2022
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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
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3/14/2022
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3/15/2022
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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
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WL
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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
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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
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Packet Pg. 188 Attachment: TM 2105 PC SR 3.10.22 (3711 : Glen Loma Ranch Palomino II Subdivision)
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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)
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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.
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Packet Pg. 190 Attachment: TM 2105 PC SR 3.10.22 (3711 : Glen Loma Ranch Palomino II Subdivision)
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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
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Packet Pg. 191 Attachment: TM 2105 PC SR 3.10.22 (3711 : Glen Loma Ranch Palomino II Subdivision)
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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)
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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)
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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)
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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)
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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.
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Packet Pg. 201 Attachment: TM 2105 City Council Draft Resolution (3711 : Glen Loma Ranch Palomino II Subdivision)
Resolution No. 2022-XX
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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
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Packet Pg. 202 Attachment: TM 2105 City Council Draft Resolution (3711 : Glen Loma Ranch Palomino II Subdivision)
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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
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Packet Pg. 203 Attachment: TM 2105 City Council Draft Resolution (3711 : Glen Loma Ranch Palomino II Subdivision)
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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.
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Packet Pg. 204 Attachment: TM 2105 City Council Draft Resolution (3711 : Glen Loma Ranch Palomino II Subdivision)
Resolution No. 2022-XX
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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-
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Packet Pg. 205 Attachment: TM 2105 City Council Draft Resolution (3711 : Glen Loma Ranch Palomino II Subdivision)
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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).
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Packet Pg. 206 Attachment: TM 2105 City Council Draft Resolution (3711 : Glen Loma Ranch Palomino II Subdivision)
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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).
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Resolution No. 2022-XX
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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
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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).
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Packet Pg. 209 Attachment: TM 2105 City Council Draft Resolution (3711 : Glen Loma Ranch Palomino II Subdivision)
Resolution No. 2022-XX
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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
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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
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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
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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.
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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
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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.
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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
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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
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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
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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
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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).
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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.
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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.
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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
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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
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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
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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
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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:
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1. GPD Policy 510 Vehicle Towing & Release
2. Gilroy City Code 15.62 and 15.67
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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)