11/07/2022 City Council Regular Agenda Packet
November 3, 2022 11:00 AM 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, NOVEMBER 7, 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 meetin g 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, 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’s Office at least 72 hours prior to the meeting at
(408) 846-0204 or cityclerk@cityofgilroy.org to help ensure that
reasonable arrangements can be made.
If you challenge any planning or land use decision made at this meeting in court, you may be
limited to raising only those issues you or someone else raised at the public hearing held at this
meeting, or in written correspondence delivered to the City Council at, or prior to, the public
hearing. Please take notice that the time within which to seek judicial rev iew of any final
administrative determination reached at this meeting is governed by Section 1094.6 of the
California Code of Civil Procedure.
City Council Regular Meeting Agenda
11/7/2022 Page2 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
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
If you need assistance with translation and would like to speak during public
comment, please contact the City Clerk a minimum of 72 hours prior to the
meeting at 408-846-0204 or e-mail the City Clerk’s Office at
cityclerk@cityofgilroy.org.
Si necesita un intérprete durante la junta y gustaría dar un comentario público,
comuníquese con el Secretario de la Ciudad un mínimo de 72 horas antes de la
junta al 408-846-0204 o envíe un correo electrónico a la Oficina del Secretario de
la Ciudad a cityclerk@cityofgilroy.org.
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
2.1.1. Proclamation - United Against Hate Week
2.1.2. Proclamation - Arbor Day
2.1.3. Proclamation Naming November Lung Cancer Awareness
Month
City Council Regular Meeting Agenda
11/7/2022 Page3 2.1.4. Retirement Proclamation - Bill Headley
2.1.5. Annual Library Commission Presentation
2.1.6. Annual Open Government Commission Presentation
3. PRESENTATIONS TO THE COUNCIL
3.1. 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 ju risdiction but not on
the agenda. Persons wishing to address the Council are request ed 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 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 b e
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.
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 (alternate), Santa Clara
Valley Habitat Agency Implementation Board, Silicon Valley Clean Energy Authority
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 Heritage
Committee (Alternate), Santa Clara Valley Habitat Agency Governing Board, Santa
Clara Valley Habitat Agency Implementation Board, South County Regional Wastewater
Authority (Alternate)
City Council Regular Meeting Agenda
11/7/2022 Page4 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, South 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. COUNCIL CORRESPONDENCE
5.1. Council-Initiated Request for an Inventory of Youth Program and
Facilities
6. FUTURE COUNCIL INITIATED AGENDA ITEMS
7. 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 calendar should ask to have th at 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.
7.1. Action Minutes of the City Council - Regular Meeting - Oct 17, 2022
6:00 PM
7.2. Action Minutes of the City Council - Special Meeting - Study Session
- Oct 24, 2022 6:00 PM
7.3. Approve Amendments to the 2023 City Council Meeting Schedule
7.4. City of Gilroy Recognition of Cesar Chavez Day (March 31) as an
Observed Holiday
City Council Regular Meeting Agenda
11/7/2022 Page5 7.5. Authorize the City Administrator, or Designee, to Execute an
Easement Deed to PG&E for a Relocated Joint Guy Stub Pole and
Anchor within APN 799-08-051 for the Downtown Gourmet Parking
Lot
7.6. First Amendment to the Agreement for Services with Luhdorff &
Scalmanini Consulting Engineers (LSCE) to Extend Design and
Construction Engineering Services through June 30, 2024 and
Increase Existing Agreement by $99,502 for a Total Contract Amount
of $719,502
8. BIDS AND PROPOSALS
9. PUBLIC HEARINGS
9.1. Approve Proposed Tentative Map to Divide 778 First Street Into Two
Parcels
1. Disclosure of Ex-Parte Communications
2. Staff Report: Sharon Goei, Community Development Director,
Jon Biggs, Special Assistant to City Administration
3. Open Public Hearing
4. Close Public Hearing
5. Possible Action:
Adopt a Resolution approving a Tentative Map to subdivide the property located
at 778 First Street into two parcels (APN: 808-12-035 & 808-12-036) (File
Number TM 22-04).
10. UNFINISHED BUSINESS
11. INTRODUCTION OF NEW BUSINESS
11.1. Annual Review and Adoption of the City's Investment Policy
1. Staff Report: Harjot Sangha, Finance Director
2. Public Comment
3. Possible Action:
Adopt a resolution establishing the City’s updated Investment Policy.
City Council Regular Meeting Agenda
11/7/2022 Page6 11.2. Introduce an Ordinance Adopting by Reference the 2022 California
Building Codes with Amendments, and Set a Public Hearing on
November 21, 2022, for Adoption of the Ordinance
1. Staff Report: Sharon Goei, Community Development Director,
Hipolito Olmos, Building Official
2. Public Comment
3. Possible Action:
1. Move to read the Ordinance by title only and waive the first reading
beyond the title.
2. Introduce an Ordinance amending Sections 6.1, 6.6, and 6.7 of Chapter 6
of the Gilroy Municipal Code adopting by reference the 2022 California
Building Code, 2022 California Residential Code, 2022 California
Electrical Code, 2022 California Mechanical Code, 2022 California
Plumbing Code, 2022 California Energy Code, 2022 California Historical
Building Code, 2022 California Existing Building Code, 20 21 International
Property Maintenance Code, and 2021 International Swimming Pool and
Spa Code, with amendments.
3. Set a public hearing on November 21, 202 2, for the adoption of the
Ordinance, pursuant to California Government Code Section 50022.3.
11.3. Introduce an Ordinance Adopting by Reference the 2022 California
Green Building Standards Code with Amendments, and Set a Public
Hearing on November 21, 2022, for Adoption of the Ordinance
1. Staff Report: Sharon Goei, Community Development Director,
Hipolito Olmos, Building Official
2. Public Comment
3. Possible Action:
1. Move to read the Ordinance by title only and waive the first reading
beyond the title.
2. Introduce an Ordinance amending Sections 6.6 and 6.7 of Chapter 6 of
the Gilroy Municipal Code adopting by reference the 2022 California
Green Building Standards Code with amendments.
3. Set a public hearing on November 21, 2022, for the adoption of the
Ordinance, pursuant to California Government Code Section 50022.3.
City Council Regular Meeting Agenda
11/7/2022 Page7 11.4. Introduce an Ordinance Adopting by Reference the 2022 California
Fire Code with Amendments, and Set a Public Hearing on November
21, 2022, for Adoption of the Ordinance
1. Staff Report: Sharon Goei, Community Development Director,
Jonathan Crick, Hazardous Materials Supervisor/Deputy Fire
Marshal
2. Public Comment
3. Possible Action:
1. Move to read the Ordinance by title only and waive the first reading
beyond the title.
2. Introduce an Ordinance amending Sections 10.9 and 10.10 of Chapter 10
of the Gilroy Municipal Code adopting by reference the 2022 California
Fire Code with amendments.
3. Set a public hearing on November 21, 2022, for the adoption of the
Ordinance, pursuant to California Government Code Section 50022.3.
12. CITY ADMINISTRATOR'S REPORTS
13. CITY ATTORNEY'S REPORTS
14. CLOSED SESSION
15. ADJOURNMENT
FUTURE MEETING DATES
NOVEMBER 2022
21* Regular Meeting - 6:00 p.m.
DECEMBER 2022
5* Regular Meeting - 6:00 p.m.
19* Regular Meeting - 6:00 p.m.
JANUARY 2023
9* Regular Meeting - 6:00 p.m.
23* Regular Meeting - 6:00 p.m.
Strategic Planning Workshop - Date and Time To Be Determined
*Meeting is webstreamed
2.1.1
Packet Pg. 8 Communication: Proclamation - United Against Hate Week (Proclamations, Awards, and Presentations)
2.1.2
Packet Pg. 9 Communication: Proclamation - Arbor Day (Proclamations, Awards, and Presentations)
2.1.3
Packet Pg. 10 Communication: Proclamation - Lung Cancer Awareness Month (Proclamations, Awards, and Presentations)
City of Gilroy
STAFF REPORT
Agenda Item Title: Council-Initiated Request for an Inventory of Youth
Program and Facilities
Meeting Date: November 7, 2022
From: Jimmy Forbis, City Administrator
Department: Administration
Submitted By: Jimmy Forbis, City Administrator
Prepared By: Jimmy Forbis, City Administrator
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 receive the informational correspondence.
BACKGROUND
Attached is Council correspondence related to a request for an inventory of youth
programs and facilities that was made at the August 15, 2022 City Council Regular
Meeting.
Attachments:
5.1
Packet Pg. 11
1. Council Initiated Agenda Item - Recreation Programs, Parks, Facilities for low-
income youth
2. Master Property List 11.2.22
5.1
Packet Pg. 12
City of Gilroy
STAFF REPORT
To: Mayor and City Councilmembers
From: Adam Henig, Recreation Manager
CC: Jimmy Forbis, City Administrator
Subject: Council-initiated agenda item requesting an inventory of available park
acreage facilities and activities in the City, specifically that are youth focused and
accessible to low income families.
I. List of City Recreational Facilities
1. Wheeler Center, 250 West 6th Street – Comprises of gym, multi-purpose
room with a kitchen, classroom and dance studio.
2. Gilroy Senior Center, 7371 Hanna Street – Comprises of Main Hall,
Meeting Room and two classrooms; all rooms equipped with SMART
television monitors
3. Las Animas Recreation Building, 400 Mantelli Avenue – Classroom with
restroom
4. Solorsano Middle School Gymnasium, 7121 Grenache Way – Joint use
with GUSD. City has access in the evenings and on weekends.
5. Cesar Chavez Gym, Gilroy Prep, 277 IOOF Avenue – Joint use with GUSD.
City has access after school, evenings, and on weekends.
6. List of city facilities that are currently being leased to a provider:
a. Christopher High School Aquatics Center, 850 Day Road
b. San Ysidro Recreation Building, 7700 Murray Avenue
c. Tom Car Boxing Gym, 7400 Railroad Street
d. Center for the Gilroy Arts, 7341 Monterey Road
e. Willey House, 150 5th Street (leased to a tenant)
II. List of vacant City-owned properties - N/A
III. Low-income youth-focused recreation programs/services
a. Adaptive services – program fees are heavily discounted to serve fixed-
income residents on disability.
b. Gilroy Youth Center – free after school programming at Gilroy Prep for
grades 1-8. Held M-Th.
5.1.a
Packet Pg. 13 Attachment: Council Initiated Agenda Item - Recreation Programs, Parks, Facilities for low-income youth (4025 : Council-initiated Request for
c. Youth Scholarship fund – income eligible families can apply for a
reduction of fees toward any City of Gilroy recreation class or camp. Each
approved applicant will receive up to $100 to be used for recreation
programs within a calendar year. A listing of current programs are
available online and in the 2022 Fall Recreation Guide. Program highlights
include basketball, soccer, hip hop, and youth theater.
d. Late Night Gym – hosted at Wheeler Gym on a weekly basis.
e. San Ysidro Cultural Center – the following youth programming is offered
here on a regular basis:
i. Families with Special Needs
ii. Family & Friends Game Night
iii. STEAM Camp Explorers
iv. Youth Leadership Circle
v. NSU Youth Fellowship
f. Cesar Chavez Gym
i. Open Sports Gym (evening)
ii. Volleyball (evening)
IV. Family-friendly city parks located within low income socio-economic
neighborhoods, as identified by the U.S. Department of Housing and Urban
Development’s 2022 Qualified Census Tracts, and/or provide social
services
a. Forest Street Park: .75 acre, located in eastside; has playground and
small field.
b. Las Animas Park: 31-acres, offers social services; has handball court,
tennis court, fields, picnic areas, and playgrounds.
c. San Ysidro Park: 9-acres, located in eastside and offers social services;
has handball court, field, picnic areas, and playgrounds.
5.1.a
Packet Pg. 14 Attachment: Council Initiated Agenda Item - Recreation Programs, Parks, Facilities for low-income youth (4025 : Council-initiated Request for
APN SITE
NUMBER SITE STREET LANDUSE TYPE LOT SQ. FT.APROX.
ACRE TOTAL SF Notes Property Type Active
Lease?
783-04-007 Burchell Rd * UNKNOWN LAND USE *70,066 1.61 0 Part of The Gilroy Golf Course Facility
783-04-021 2485 Hecker Pass Rd AGR,PASTURE,GRAZING AND RANGE LAND 555,390 12.75 0 Houses and land across from the Red Barn Facility
783-04-022 *no Site Address*AGR,PASTURE,GRAZING AND RANGE LAND 127,630 2.93 0 Land across from the Red Barn Landscaping/Open Space/Empty
783-04-026 2695 Hecker Pass Rd * UNKNOWN LAND USE *3,876,602 88.99 0 The Gilroy Golf Course Facility Yes
783-05-011 Hecker Pass Hwy VACANT,URBAN 64,500 1.48 0 Empty land near Gilroy Gardens Landscaping/Open Space/Empty
783-05-012 Land Only AGR,RESERVOIRS AND WATER SUPPLY 614 0.01 0 Empty land near Gilroy Gardens Landscaping/Open Space/Empty
783-05-039 Hecker Pass Hwy AGR,PASTURE,GRAZING AND RANGE LAND 159,701 3.67 0 Empty land near Gilroy Gardens Landscaping/Open Space/Empty
783-16-028 Santa Teresa Blvd * UNKNOWN LAND USE *5,725 0.13 0 Part of Street Infrastructure
783-20-050 880 Sunrise Dr RES,SINGLE FAMILY RESIDENCE 85,813 1.97 1,558 Fire Station Facility
783-20-052 Santa Teresa Blvd AGR,PASTURE,GRAZING AND RANGE LAND 350,643 8.05 0 Sunrise Park Parks/Trails
783-21-060 *no Site Address*VACANT,URBAN 4,560 0.10 0 Well Infrastructure
783-26-002 Welburn Ave RES,SINGLE FAMILY RESIDENCE 77,431 1.78 0 Water Tank Reservoir A Infrastructure
783-43-022 Rancho Hills Ct * UNKNOWN LAND USE *3,192 0.07 0 Pump Station Infrastructure
783-46-081 2256 Coral Bell Ct TRA,UTILITIES AND COMMUNICATIONS 31,325 0.72 0 Periwinkle Water Reservoir Infrastructure
783-46-082 2116 Mantelli Dr RES,SINGLE FAMILY RESIDENCE 55,254 1.27 0 Periwinkle Water Reservoir Infrastructure
783-46-083 2145 Country Dr RES,SINGLE FAMILY RESIDENCE 7,316 0.17 0 Pump station Infrastructure
783-52-010 *no Site Address*VACANT,PUBLIC USES 128,066 2.94 0 Park Parks/Trails
783-53-003 9001 Calle Del Rey AGR,PASTURE,GRAZING AND RANGE LAND 135,320 3.11 0 Del Rey Park Parks/Trails
783-75-082 *no Site Address*VACANT,URBAN 530,662 12.18 0 Trail Parks/Trails
790-01-022 Mantelli Dr AGR,FIELD CROPS,NON-ORCHARD 131,104 3.01 0 Park Parks/Trails
790-04-074 *no Site Address*VACANT,URBAN 6,098 0.14 0 Mantelli and Kern irrigation controler Infrastructure
790-08-012 *no Site Address** UNKNOWN LAND USE *3,289 0.08 0 Side of a small bridge Infrastructure
790-08-016 216 Vickery Ln VACANT,URBAN 156,154 3.58 0 Vacant dirt lot Landscaping/Open Space/Empty
790-16-126 *no Site Address** UNKNOWN LAND USE *1,585 0.04 0 Part of Street Infrastructure
790-26-047 Wren Ave * UNKNOWN LAND USE *1,205,721 27.68 0 Las Animas Park Parks/Trails
790-33-011 Hanna St * UNKNOWN LAND USE *25,755 0.59 0 Renz Park Parks/Trails
790-38-073 *no Site Address** UNKNOWN LAND USE *979 0.02 0 Used by local residences and a parking/ storage lot Landscaping/Open Space/Empty
790-38-074 *no Site Address** UNKNOWN LAND USE *922 0.02 0 Used by local residences and a parking/ storage lot Landscaping/Open Space/Empty
790-40-022 *no Site Address*PUB,BUILDINGS,PUBLIC 33,863 0.78 0 Fire Station Facility
790-46-049 Church St * UNKNOWN LAND USE *6,371 0.15 0 Las Animas Park Parks/Trails
790-52-098 *no Site Address*RES,SINGLE FAMILY RESIDENCE 109,771 2.52 0 Park Parks/Trails
799-01-033 2nd St * UNKNOWN LAND USE *1,230 0.03 0 Small section of land between two homes TBD
799-01-051 Monterey Rd * UNKNOWN LAND USE *2,883 0.07 0 Alley Alley/Street
799-03-046 *no Site Address** UNKNOWN LAND USE *1,177 0.03 0 Alley Alley/Street
799-06-029 5th St * UNKNOWN LAND USE *2,057 0.05 0 Alley Alley/Street
799-06-031 195 5th St * UNKNOWN LAND USE *6,000 0.14 0 Gilroy Museum Facility
799-06-060 *no Site Address** UNKNOWN LAND USE *17,750 0.41 0 Downtown Parking Lot Parking Lot
799-06-065 Church St * UNKNOWN LAND USE *634 0.01 0 Alley Alley/Street
799-07-023 140 5th St PUB,BUILDINGS,PUBLIC 11,347 0.26 0 Cultural center Facility
799-07-054 7453 Monterey St COM,BUSINESS DISTRICTS,LOCAL 2,758 0.06 0 Paseo Parks/Trails
799-07-074 Eigleberry St VACANT,URBAN 622 0.01 0 Downtown Parking Lot Parking Lot
799-07-075 7470 Eigleberry St VACANT,COMMERCIAL USES,PUB PRKG LOT 3,484 0.08 0 Downtown Parking Lot Parking Lot
799-07-076 7480 Eigleberry St VACANT,URBAN 12,788 0.29 0 Downtown Parking Lot Parking Lot
799-07-078 Eigleberry St * UNKNOWN LAND USE *15,400 0.35 0 Downtown Parking Lot Parking Lot
799-08-039 7355 Monterey St COM,RETAIL NOT IN SHOPPING CENTER 2,864 0.07 2,800 Gilroy Center for the Arts Facility
799-08-040 7353 Monterey St COM,RETAIL NOT IN SHOPPING CENTER 2,994 0.07 1,050 Gilroy Center for the Arts Facility
799-08-041 7347 Monterey St COM,RETAIL NOT IN SHOPPING CENTER 5,697 0.13 2,880 Gilroy Center for the Arts Facility
799-08-042 7341 Monterey St COM,RETAIL NOT IN SHOPPING CENTER 15,546 0.36 5,127 Gilroy Center for the Arts Facility Yes
799-08-043 Monterey Rd COM,RETAIL NOT IN SHOPPING CENTER 5,483 0.13 0 Gilroy Center for the Arts Facility Yes
799-08-044 7301 Monterey St COM,RETAIL NOT IN SHOPPING CENTER 6,667 0.15 1,404 Gilroy Center for the Arts Facility Yes
799-08-045 67 W 7th St RES,SINGLE FAMILY RESIDENCE 5,950 0.14 1,400 Downtown Gourmet Parking Lot Landscaping/Open Space/Empty
799-08-046 57 W 7th St RES,SINGLE FAMILY RESIDENCE 2,660 0.06 720 Downtown Gourmet Parking Lot Landscaping/Open Space/Empty
799-08-047 7310 Eigleberry St VACANT,URBAN 9,701 0.22 0 Downtown Gourmet Parking Lot Landscaping/Open Space/Empty
799-08-048 7320 Eigleberry St VACANT,URBAN 7,050 0.16 0 Downtown Gourmet Parking Lot Landscaping/Open Space/Empty
5.1.b
Packet Pg. 15 Attachment: Master Property List 11.2.22 (4025 : Council-initiated Request for Youth Program/Facility
APN SITE
NUMBER SITE STREET LANDUSE TYPE LOT SQ. FT.APROX.
ACRE TOTAL SF Notes Property Type Active
Lease?
799-08-049 7330 Eigleberry St VACANT,URBAN 11,576 0.27 0 Downtown Gourmet Parking Lot Landscaping/Open Space/Empty
799-08-050 7350 Eigleberry St VACANT,URBAN 10,920 0.25 0 Downtown Gourmet Parking Lot Landscaping/Open Space/Empty
799-08-051 7360 Eigleberry St VACANT,URBAN 9,000 0.21 0 Downtown Gourmet Parking Lot Landscaping/Open Space/Empty
799-08-054 7350 Rosanna St * UNKNOWN LAND USE *14,402 0.33 0 City Hall Parking Lot Parking Lot
799-08-058 250 W 6th PUB,BUILDINGS,PUBLIC 150,939 3.47 0 City Hall Facility
799-08-060 Eigleberry St VACANT,URBAN 6,909 0.16 0 New Parking Lot Parking Lot
799-09-059 7259 Monterey St RES,5 OR MORE FAMILY UNITS 9,164 0.21 4,892 Cherry Blossom Facility
799-09-059 7259 Monterey St RES,5 OR MORE FAMILY UNITS 9,164 0.21 3,300 Cherry Blossom Facility
799-14-002 *no Site Address** UNKNOWN LAND USE *2,000 0.05 0 Well 4 Pumping Station Infrastructure
799-15-026 7351 Rosanna St PUB,BUILDINGS,PUBLIC 5,980 0.14 0 Small parking lot near City Hall Parking Lot
799-15-027 7289 Rosanna St RES,SINGLE FAMILY RESIDENCE 5,980 0.14 1,154 Rosanna House - renovating prior to rental Facility
799-15-053 *no Site Address*RES,SINGLE FAMILY RESIDENCE 1,535 0.04 0 Alley Alley/Street
799-17-051 7380 Dowdy St RES,SINGLE FAMILY RESIDENCE 7,000 0.16 940 House to be demolished - Not rentable Facility
799-17-052 7390 Dowdy St Lawn 9,520 0.22 1,212 Lawn 6th and Dowdy Landscaping/Open Space/Empty
799-17-066 350 W 6th St RES,SINGLE FAMILY RESIDENCE 165,064 3.79 0 Site of the Gilroy SCC Library Facility Yes
799-17-069 *no Site Address*RES,SINGLE FAMILY RESIDENCE 76,020 1.75 0 Police Station (East)Facility
799-17-071 7300 Dowdy St RES,SINGLE FAMILY RESIDENCE 40,530 0.93 0 Police Station (West)Facility
799-21-005 2nd St * UNKNOWN LAND USE *182,098 4.18 0 Miller Park Parks/Trails
799-21-011 660 1st St AGR,RESERVOIRS AND WATER SUPPLY 104,544 2.40 0 Parking Lot and a Well Parking Lot Yes
799-30-001 *no Site Address** UNKNOWN LAND USE *1,465,751 33.65 0 Christmas Hill Park Parks/Trails
799-30-002 *no Site Address*AGR,ORCHARD 571,845 13.13 0 Christmas Hill Park Parks/Trails
799-30-007 W 10th St * UNKNOWN LAND USE *276,830 6.36 0 Parking and part of baseball field for Gilroy High School Parking Lot
799-35-015 Monterey Rd * UNKNOWN LAND USE *6,616 0.15 0 Bridge Alley/Street
799-44-107 *no Site Address** UNKNOWN LAND USE *4,826 0.11 0 Part of Bridge Alley/Street
808-01-001 Uvas Park Dr REC,PARKS,URBAN,METROPOLITAN,REGION 130,816 3.00 0 Uvas Creek Preserve Landscaping/Open Space/Empty
808-01-011 Uvas Park Dr REC,PARKS,URBAN,METROPOLITAN,REGION 243,216 5.58 0 Uvas Creek Preserve Landscaping/Open Space/Empty
808-01-014 Uvas Park Dr VACANT,URBAN 205,159 4.71 0 Uvas Creek Preserve Landscaping/Open Space/Empty
808-18-021 *no Site Address** UNKNOWN LAND USE *1,425,085 32.72 0 Uvas Creek Preserve Landscaping/Open Space/Empty
808-18-022 *no Site Address*AGR,PASTURE,GRAZING AND RANGE LAND 1,280,701 29.40 0 Uvas Creek Preserve Landscaping/Open Space/Empty
808-18-027 Santa Teresa Blvd VACANT,URBAN 16,139 0.37 0 Strip of land near road Landscaping/Open Space/Empty
808-19-006 7050 Miller Ave REC,PARKS,URBAN,METROPOLITAN,REGION 696,960 16.00 0 Christmas Hill Park Parks/Trails
808-19-007 *no Site Address*VACANT,URBAN 681,599 15.65 0 Christmas Hill Park Parks/Trails
808-20-015 Thomas Ln * UNKNOWN LAND USE *1,200 0.03 0 Part of Traffic Circle/Roundabout Alley/Street
808-20-024 465 Thomas Rd AGR,PASTURE,GRAZING AND RANGE LAND 157,023 3.60 0 Park Parks/Trails
808-21-018 W Luchessa Ave AGR,ORCHARD 44,846 1.03 0 Luchessa entrance to pathway to sportspark Parks/Trails
808-21-025 *no Site Address*AGR,ORCHARD 36,244 0.83 0 West Luchessa roadway in between round about and bridge Alley/Street
808-21-026 Land Only AGR,FIELD CROPS,NON-ORCHARD 895,593 20.56 0 Sports Park or Expansion Parks/Trails Yes
808-21-028 Land Only AGR,FIELD CROPS,NON-ORCHARD 1,373,446 31.53 0 Sports Park or Expansion Parks/Trails Yes
808-21-030 Land Only AGR,FIELD CROPS,NON-ORCHARD 1,144,321 26.27 0 Sports Park or Expansion Parks/Trails Yes
808-21-032 *no Site Address*AGR,ORCHARD 21,889 0.50 0 Pathway to sportspark Parks/Trails
808-30-054 Wren Ave * UNKNOWN LAND USE *154,653 3.55 0 El Roble Park Parks/Trails
808-33-002 Uvas Park Dr VACANT,URBAN 1,351,521 31.03 0 Uvas Creek Preserve Landscaping/Open Space/Empty
808-38-044 *no Site Address*VACANT,URBAN 104,108 2.39 0 Babbs Creek green space Landscaping/Open Space/Empty
808-40-077 *no Site Address** UNKNOWN LAND USE *4,640 0.11 0 Side of Road Infrastructure
810-17-024 *no Site Address*REC,OUTDOOR AMPHITHEATER,THEME PARK 125,452 2.88 0 Gilroy Gardens and extended hillside Parks/Trails Yes
810-17-026 *no Site Address*REC,OUTDOOR AMPHITHEATER,THEME PARK 99,752 2.29 0 Gilroy Gardens and extended hillside Parks/Trails Yes
810-17-029 *no Site Address*REC,OUTDOOR AMPHITHEATER,THEME PARK 361,983 8.31 0 Gilroy Gardens and extended hillside Parks/Trails Yes
810-17-030 *no Site Address*REC,OUTDOOR AMPHITHEATER,THEME PARK 436,339 10.02 0 Gilroy Gardens and extended hillside Parks/Trails Yes
810-17-031 Land Only REC,OUTDOOR AMPHITHEATER,THEME PARK 945,824 21.71 0 Gilroy Gardens and extended hillside Parks/Trails Yes
810-18-002 Whitehurst Rd AGR,PASTURE,GRAZING AND RANGE LAND 3,376,922 77.52 0 Gilroy Gardens and extended hillside Parks/Trails Yes
810-18-013 Hecker Pass Hwy REC,OUTDOOR AMPHITHEATER,THEME PARK 12,767,378 293.10 0 Gilroy Gardens and extended hillside Parks/Trails Yes
810-19-005 3090 Hecker Pass Rd REC,OUTDOOR AMPHITHEATER,THEME PARK 720,482 16.54 0 Gilroy Gardens and extended hillside Parks/Trails Yes
810-19-007 *no Site Address*REC,OUTDOOR AMPHITHEATER,THEME PARK 3,920 0.09 0 Gilroy Gardens and extended hillside Parks/Trails Yes
5.1.b
Packet Pg. 16 Attachment: Master Property List 11.2.22 (4025 : Council-initiated Request for Youth Program/Facility
APN SITE
NUMBER SITE STREET LANDUSE TYPE LOT SQ. FT.APROX.
ACRE TOTAL SF Notes Property Type Active
Lease?
810-19-010 *no Site Address*REC,OUTDOOR AMPHITHEATER,THEME PARK 1,383,465 31.76 0 Gilroy Gardens and extended hillside Parks/Trails Yes
810-19-011 *no Site Address*TRA,STREETS,LIMITED ACCESS 25,904 0.59 0 Gilroy Gardens and extended hillside Parks/Trails Yes
810-19-014 3050 Hecker Pass Rd REC,OUTDOOR AMPHITHEATER,THEME PARK 3,043,801 69.88 0 Gilroy Gardens and extended hillside Parks/Trails Yes
810-20-018 *no Site Address*AGR,FIELD CROPS,NON-ORCHARD 158,122 3.63 0 Red barn and related properties Facility
810-20-019 2480 Hecker Pass Rd AGR,FIELD CROPS,NON-ORCHARD 553,212 12.70 0 Red barn and related properties Facility
810-20-023 *no Site Address*VACANT,URBAN 158,851 3.65 0 Land by the river Landscaping/Open Space/Empty
810-20-024 *no Site Address*VACANT,URBAN 18,923 0.43 0 Land by the river Landscaping/Open Space/Empty
810-20-027 *no Site Address*AGR,FIELD CROPS,NON-ORCHARD 278,650 6.40 0 River Landscaping/Open Space/Empty
810-20-028 *no Site Address*AGR,FIELD CROPS,NON-ORCHARD 949,046 21.79 0 River Landscaping/Open Space/Empty
810-21-020 *no Site Address*AGR,ORCHARD 1,127,576 25.89 0 River Landscaping/Open Space/Empty
810-21-021 *no Site Address*AGR,FLOWER GROWERS 228,717 5.25 0 Third Street Dog Park Parks/Trails
810-21-022 *no Site Address*VACANT,URBAN 94,193 2.16 0 Third Street landscape Landscaping/Open Space/Empty
810-21-024 *no Site Address*AGR,ORCHARD 386,014 8.86 0 River Landscaping/Open Space/Empty
810-21-025 *no Site Address*AGR,ORCHARD 30,833 0.71 0 River Landscaping/Open Space/Empty
810-41-001 *no Site Address*FOR,FOREST AND BRUSH LANDS 308,404 7.08 0 Eagle Ridge Water towers Infrastructure
810-41-002 *no Site Address*FOR,FOREST AND BRUSH LANDS 192,099 4.41 0 Eagle Ridge Water Towers Infrastructure
810-46-006 1852 Club Dr AGR,ORCHARD 5,896 0.14 0 Pump station Infrastructure
810-65-006 *no Site Address*VACANT,URBAN 79,279 1.82 0 3rd Street Landscape Landscaping/Open Space/Empty
810-65-022 *no Site Address*AGR,ORCHARD 45,840 1.05 0 3rd Street open space Landscaping/Open Space/Empty
810-65-023 *no Site Address*AGR,ORCHARD 6,014 0.14 0 Cobblestone St streetside landscape Landscaping/Open Space/Empty
810-66-013 *no Site Address*VACANT,URBAN 19,558 0.45 0 Gateway Park Parks/Trails
810-75-008 *no Site Address*AGR,PASTURE,GRAZING AND RANGE LAND 767,962 17.63 0 Miller Water reservoir Infrastructure
810-75-010 Santa Teresa Blvd * UNKNOWN LAND USE *110,508 2.54 0 City Reservoir B & G Booster Station Infrastructure
810-75-012 *no Site Address** UNKNOWN LAND USE *4,195 0.10 0 City Reservoir B & G Booster Station Infrastructure
810-75-013 *no Site Address** UNKNOWN LAND USE *1,029 0.02 0 City Reservoir B & G Booster Station Infrastructure
810-83-117 *no Site Address*VACANT,URBAN 52,578 1.21 0 Open Space near Fennel Pl Landscaping/Open Space/Empty
810-84-071 *no Site Address*AGR,FLOWER GROWERS 29,267 0.67 0 Open Space allong 3rd Street Landscaping/Open Space/Empty
810-85-034 *no Site Address*VACANT,URBAN 70,182 1.61 0 Open space between Cinnamon Wy and Hecker Pass Hwy Landscaping/Open Space/Empty
810-86-096 *no Site Address*AGR,FIELD CROPS,NON-ORCHARD 33,843 0.78 0 Open space near 3rd and Grassland roundabout (South)Landscaping/Open Space/Empty
810-86-097 *no Site Address*AGR,FIELD CROPS,NON-ORCHARD 16,456 0.38 0 Open space near 3rd and Grassland roundabout (north)Landscaping/Open Space/Empty
841-01-061 *no Site Address** UNKNOWN LAND USE *5,191 0.12 0 Well 5 Pump station Infrastructure
841-02-004 *no Site Address*VACANT,PUBLIC USES 2,082 0.05 0 Small strip of land east of railroad at Howson and Monterey Landscaping/Open Space/Empty
841-03-002 490 IOOF Ave VACANT,PUBLIC USES 7,867 0.18 0 Part of the actual road Alley/Street
841-03-081 *no Site Address*REC,PARKS,NEIGHBORHOOD 397,419 9.12 0 San Ysidro Park Parks/Trails
841-03-115 *no Site Address*RES,5 OR MORE FAMILY UNITS 50,354 1.16 0 A section of Murray Ave Alley/Street
841-04-015 *no Site Address*VACANT,PUBLIC USES 12,065 0.28 0 A section of sidewalk Infrastructure
841-04-020 7780 Monterey St VACANT,PUBLIC USES 19,125 0.44 0 Gilroy Downtown Business Association leased office Facility Yes
841-05-055 *no Site Address*VACANT,PUBLIC USES 7,165 0.16 0 Downtown Parking Lot Parking Lot
841-06-001 7491 Railroad St IND,NON-MFG,COMBO MFG & NON-MFG 6,125 0.14 2,160 Old Creamery Building Lot
841-06-025 7400 Railroad St IND,YARDS,EQUIPMENT AND SUPPLIES 34,048 0.78 5,880 Boxing Gym and Parking Lot Facility Yes
841-06-061 7400 Monterey St COM,RETAIL NOT IN SHOPPING CENTER 15,672 0.36 0 Old City Hall Facility Yes
841-07-015 Chestnut St VACANT,PUBLIC USES 2,297 0.05 0 Alleyway Alley/Street
841-08-003 7310 Monterey St VACANT,URBAN 12,961 0.30 0 Downtown Parking Lot Parking Lot
841-08-031 *no Site Address*VACANT,PUBLIC USES 35,165 0.81 0 Forrest Street Park Parks/Trails
841-08-032 271 Old Gilroy St RES,SINGLE FAMILY RESIDENCE 7,375 0.17 1,436 Forrest Street Park Parks/Trails
841-08-044 *no Site Address*TRA,UTILITIES AND COMMUNICATIONS 10,934 0.25 0 Downtown Parking Lot Parking Lot
841-10-009 613 Old Gilroy St IND,YARDS,EQUIPMENT AND SUPPLIES 155,816 3.58 34,384 Corps Yard Facility
841-10-032 *no Site Address*IND,YARDS,EQUIPMENT AND SUPPLIES 42,177 0.97 0 Corps Yard Facility
841-11-039 *no Site Address*VACANT,PUBLIC USES 1,980 0.05 0 Butcher Park Parks/Trails
841-11-040 E 8th St VACANT,PUBLIC USES 800 0.02 0 Alleyway Alley/Street
841-18-089 *no Site Address*VACANT,URBAN 5,295 0.12 0 A small sliver of land near 6th St bridge East of Highway 101 Landscaping/Open Space/Empty
5.1.b
Packet Pg. 17 Attachment: Master Property List 11.2.22 (4025 : Council-initiated Request for Youth Program/Facility
APN SITE
NUMBER SITE STREET LANDUSE TYPE LOT SQ. FT.APROX.
ACRE TOTAL SF Notes Property Type Active
Lease?
841-18-090 *no Site Address*VACANT,URBAN 32,779 0.75 0 A section of road Alley/Street
841-18-093 *no Site Address*VACANT,URBAN 23,584 0.54 0 A bridge Alley/Street
841-19-035 *no Site Address*VACANT,PUBLIC USES 9,999 0.23 0 Pump station or well Infrastructure
841-53-013 *no Site Address*VACANT,URBAN 1,749 0.04 0 Small strip of land along creekside behind homes along Rogers
Lane Landscaping/Open Space/Empty
841-66-012 E 9th St PUB,BUILDINGS,PUBLIC 74,160 1.70 0 Gilroy Fire department Facility
841-67-004 *no Site Address*AGR,RESERVOIRS AND WATER SUPPLY 1,400 0.03 0 Well #6 (adjacent to 841-67-031 below)Infrastructure
841-67-016 *no Site Address*AGR,RESERVOIRS AND WATER SUPPLY 2,060 0.05 0 Section of dirt road Alley/Street
841-67-031 *no Site Address** UNKNOWN LAND USE *3,791 0.09 0 Well #6 (adjacent to 841-67-004 above)Infrastructure
841-69-041 *no Site Address*INS,SCHOOLS,PUBLIC,PLAYFIELDS 2,952 0.07 0 A small strip of land near GUSD Landscaping/Open Space/Empty
841-70-013 *no Site Address*VACANT,PUBLIC USES 2,554 0.06 0 Near Camino Arroyo and Hecker Pass Hwy Infrastructure
5.1.b
Packet Pg. 18 Attachment: Master Property List 11.2.22 (4025 : Council-initiated Request for Youth Program/Facility
City Council Regular Meeting Minutes
October 17, 2022
Page 1 of 7
City of Gilroy
City Council Regular Meeting Minutes
October 17, 2022
1. OPENING
1.1. Call to Order
The meeting was called to order at 6:00 PM by Mayor Marie Blankley
1. Pledge of Allegiance
Council Member Hilton led the Pledge of Allegiance.
2. Invocation
Pastor Malcolm MacPhail from New Hope Community Church led the
Invocation.
3. City Clerk's Report on Posting the Agenda
City Clerk Pham declared the posting of the agenda.
Attendee Name Title Status
Marie Blankley Mayor Present
Rebeca Armendariz Council Member Absent
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. Orders of the Day
There were none.
1.3. Employee Introductions
There were none.
2. CEREMONIAL ITEMS
2.1. Proclamations, Awards, and Presentations
There were none.
3. PRESENTATIONS TO THE COUNCIL
3.1. 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 Public Comment.
The following individuals spoke on items that were not on the agenda:
Mae Valentino Pickett voiced concerns that a particular individual acted as
parliamentarian at the last Planning Commission.
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City Council Regular Meeting Minutes
October 17, 2022
Page 2 of 7
Renee Rocco echoed the same concerns from the previous speaker.
Jacqueline Castillo inquired about Council Member Tovar’s response from
the October 3rd City Council Regular Meeting.
Xavier Garcia voiced concerns about the conduct of the recall proponents.
Hazel Quintero criticized the Council for focusing on recalling Council
Member Armendariz instead of enforcing gun laws.
Reymundo Armendariz voiced opposition to recalling Council Member
Armendariz.
Sally Armendariz voiced concerns about potential fraud from the
proponents of the recall.
Delia Sandoval advocated for the City to build a youth center.
Marty Estrada voiced concerns about potential fraud from the proponents
of the recall and advocated for the City to build a youth center.
Basil L. Romero Jr. voiced his support for Council Member Armendariz
Olga Martinez voiced concerns about potential fraud from the proponents
of the recall.
Ron Kirkish wished to provide three items for Council to review.
Tina Chavarria stated that the City should be going after the perpetrators
that pulled the trigger on the night of October 30, 2021, and not Council
Member Armendariz.
There being no further speakers, Mayor Blankley closed Public Comment.
4. REPORTS OF COUNCIL MEMBERS
Council Member Marques reported on the Gilroy Gardens Board of Directors, the
7th Annual Halloween Beer Crawl, Gilroy Downtown Business Association Board,
and thanked the volunteers who cleaned up Uvas Creek.
Council Member Hilton reported on Visit Gilroy California Welcome Center Board
and Silicon Valley Clean Energy Authority JPA Board.
Council Member Tovar thanked the Gilroy Downtown Business Association and
the volunteers for their work at the Halloween Beer Crawl.
Council Member Leroe-Muñoz reported that he will be attending the SCVWD
Water Commission next week and thanked Police Chief Espinoza for his work on
National Night Out.
Mayor Blankley reported on National Night Out, meetings with Impact Solutions,
Dignity Moves, CalTrain, and notified that on November 1st, representatives from
Sister City Angra do Heroísmo, Portugal, will be visiting the City.
5. COUNCIL CORRESPONDENCE
There was none.
6. FUTURE COUNCIL INITIATED AGENDA ITEMS
There were none.
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7. CONSENT CALENDAR (ROLL CALL VOTE)
Mayor Blankley opened public comment.
There being no speakers, Mayor Blankley closed public comment.
RESULT: APPROVE [UNANIMOUS]
MOVER: Dion Bracco, Council Member
SECONDER: Fred Tovar, Council Member
AYES: Blankley, Bracco, Hilton, Leroe-Muñoz, Marques, Tovar
ABSENT: Rebeca Armendariz
7.1. City Council - Regular Meeting - Oct 3, 2022 6:00 PM
A motion was made to approve the minutes.
7.2. Approval of a Notice of Acceptance of Completion, and Reduction of the
Faithful Performance and Payment Security Bonds for Property
Improvement Agreement No. 2015-01, Vista Bella – Tract 10255
A motion was made to approve the Notice of Acceptance of Completion and
Reduction of the Faithful Performance and Payment Security Bonds.
7.3. Authorize the City Administrator, or Designee, to Execute an Easement
Deed to PG&E for a New Transformer within APN 799-08-045 for the
Downtown Gourmet Parking Lot
A motion was made to adopt the resolution.
Enactment No. Resolution No.: 2022-79
8. BIDS AND PROPOSALS
8.1. Award a Contract for the Interim Fire Station Modular Building
Fire Chief Wyatt provided staff presentation and responded to Council
Member questions.
Mayor Blankley opened Public Comment.
There being no speakers, Mayor Blankley closed Public Comment.
Possible Action:
1. Award a sole-source contract for the interim fire station modular
building to Mobile Modular in the amount of $204,908 to fund
construction, installation, and leasing for three (3) years located on the
corner of 10th Street & DeAnza Place in the Santa Teresa Fire Response
District; and
2. Adopt a budget amendment resolution to appropriate $204,908 in the
Capital Projects Fund for the construction at the alternate site of an
interim fire station.
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City Council Regular Meeting Minutes
October 17, 2022
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RESULT: APPROVE [UNANIMOUS]
MOVER: Dion Bracco, Council Member
SECONDER: Fred Tovar, Council Member
AYES: Blankley, Bracco, Hilton, Leroe-Muñoz, Marques, Tovar
ABSENT: Rebeca Armendariz
Enactment No.: Resolution No. 2022-80
8.2. Award a Five-Year Lease-Purchase and Maintenance Agreements to
Sharp Business Systems, Inc. for City-Wide Multi-Function Printers in
the Combined Amount Not to Exceed $542,642
IT Manager Golden provided staff presentation and responded to Council
Member questions.
Mayor Blankley opened Public Comment.
There being no speakers, Mayor Blankley closed Public Comment.
Possible Action:
a) Award a lease-purchase agreement to Sharp Business Systems, Inc. for
city-wide multi-function printers in the amount not to exceed $371,975;
b) Award a maintenance agreement to Sharp Business Systems, Inc. for
city-wide multi-function printer maintenance in the amount not to
exceed $170,667; and
c) Authorize the City Administrator to execute the agreement documents.
RESULT: APPROVE [UNANIMOUS]
MOVER: Peter Leroe-Muñoz, Vice Mayor
SECONDER: Dion Bracco, Council Member
AYES: Blankley, Bracco, Hilton, Leroe-Muñoz, Marques, Tovar
ABSENT: Rebeca Armendariz
8.3. Award of a Three-Year Custodial Services Contract to Frank and
Grossman Landscape Contractors Inc. in a Not to Exceed Amount of
$976,866 (Project 23-RFP-FAC-480)
Facilities Superintendent Dunckel provided staff presentation and responded
to Council Member questions.
Mayor Blankley opened Public Comment.
There being no speakers, Mayor Blankley closed Public Comment.
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City Council Regular Meeting Minutes
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Possible Action:
a) Award a bid for custodial services to Frank and Grossman Landscape
Contractors Inc., for a three-year term with a not to exceed amount of
$976,866 and with the City's option to extend the agreement for an
additional two years; and
b) Authorize the City Administrator to execute the contract.
RESULT: APPROVE [UNANIMOUS]
MOVER: Carol Marques, Council Member
SECONDER: Dion Bracco, Council Member
AYES: Blankley, Bracco, Hilton, Leroe-Muñoz, Marques, Tovar
ABSENT: Armendariz
9. PUBLIC HEARINGS
9.1. Review of the Draft Housing Element
Customer Service Manager McCormick provided staff presentation and
responded to Council Member questions.
Mayor Blankley opened Public Hearing at 7:12 PM.
There being no speakers, Mayor Blankley closed Public Hearing at 7:12 PM.
Possible Action:
Accept the report and provide direction to staff on the Draft Housing
Element.
RESULT: RECEIVE REPORT
10. UNFINISHED BUSINESS
There were none.
11. INTRODUCTION OF NEW BUSINESS
11.1. Gilroy Downtown Ad Hoc Committee Final Report and Adoption of
Committee Recommendations
Assistant to the City Administrator Atkins provided staff presentation and
responded to Council Member questions.
Mayor Blankley opened Public Comment.
Ron Kirkish voiced concerns about the proposed va cancy tax.
John Taft stated that he will reserve his comments later at the
implementation plan meeting later this month.
There being no further speakers, Mayor Blankley closed Public Comment.
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City Council Regular Meeting Minutes
October 17, 2022
Page 6 of 7
Possible Action:
Receive the Final Report and Adopt the Final Downtown Ad Hoc
Committee Recommendations
RESULT: RECEIVE REPORT AND APPROVE AD HOC COMMITTEE
RECOMMENDATIONS [UNANIMOUS]
MOVER: Carol Marques, Council Member
SECONDER: Peter Leroe-Muñoz, Vice Mayor
AYES: Blankley, Bracco, Hilton, Leroe-Muñoz, Marques, Tovar
ABSENT: Rebeca Armendariz
Adopt a Resolution of the City Council of the City of Gilroy amending
the Fiscal Year 2023 operating budget for downtown beautification and
lighting.
RESULT: APPROVE [UNANIMOUS]
MOVER: Carol Marques, Council Member
SECONDER: Fred Tovar, Council Member
AYES: Blankley, Bracco, Hilton, Leroe-Muñoz, Marques, Tovar
ABSENT: Rebeca Armendariz
Enactment No.: Resolution No. 2022-81
11.2. Agreement with CSG Consultants, Inc. for Plan Check and Inspection
Services for the Frontier Fiber Optic Project in the Amount of $419,765.
Public Works Director Jordan provided staff presentation and responded to
Council Member questions.
Mayor Blankley opened Public Comment.
There being no speakers, Mayor Blankley closed Public Comment.
Possible Action:
Award a contract to CSG Consultants, Inc. for $419,765 to provide plan
check and inspection services for Frontier's Fiber Optic Project.
RESULT: APPROVE [UNANIMOUS]
MOVER: Dion Bracco, Council Member
SECONDER: Fred Tovar, Council Member
AYES: Blankley, Bracco, Hilton, Leroe-Muñoz, Marques, Tovar
ABSENT: Rebeca Armendariz
11.3. Third Amendment to the Agreement for Services with CSG Consultants,
Inc. to Extend On-Call Engineering Plan Review, Land Surveying
Services, and Inclusion of Inspection Services through June 30, 2024
and Increase Existing Agreement by $280,000.
Public Works Director Jordan provided staff presentation and responded to
Council Member questions.
Mayor Blankley opened Public Comment.
There being no speakers, Mayor Blankley closed Public Comment.
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City Council Regular Meeting Minutes
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Page 7 of 7
Possible Action:
Approve an amendment with CSG Consultants, Inc. to increase funding
by $280,000 and extend the term of the existing agreement for
engineering plan review and land surveying services, add inspection
services, and authorize the City Administrator to execute the
amendment and related documents.
RESULT: APPROVE [UNANIMOUS]
MOVER: Dion Bracco, Council Member
SECONDER: Peter Leroe-Muñoz, Vice Mayor
AYES: Blankley, Bracco, Hilton, Leroe-Muñoz, Marques, Tovar
ABSENT: Rebeca Armendariz
12. CITY ADMINISTRATOR'S REPORTS
City Administrator Forbis provided a brief report and responded to Council
Member questions.
13. CITY ATTORNEY'S REPORTS
City Attorney Faber provided a brief report and responded to Council Member
questions.
14. CLOSED SESSION
Mayor Blankley opened Public Comment.
There being no further speakers, Mayor Blankley closed Public Comment.
Mayor Blankley adjourned the Regular Meeting to Closed Session at 7:48 PM.
The City Council convened in Closed Session at 7:53 PM.
A motion was made to go into Closed Session. The Council voted to stay in
closed session was unanimous.
14.1. Closed Session Pursuant to Government Code Section 54957(a) and
Gilroy City Code Section 17A.11(1) Concerning Protection Against
Cyber Threats to Essential Public Services
No reportable action.
15. ADJOURN TO OPEN SESSION
Mayor Blankley reported out of Closed Session as shown above.
16. ADJOURNMENT
The meeting was adjourned at 8:08 PM 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 Nam Pham, CMC, CPMC
City Clerk
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City Council Special Study Session Minutes
10/24/2022
Page 1 of 2
City of Gilroy
City Council Special Study Session Minutes
October 24, 2022
1. OPENING
1.1. Call to Order
The meeting was called to order at 6:00 PM by Mayor Marie Blankley.
1.2. City Clerk's Report on Posting the Agenda
City Clerk Pham reported on the posting of the agenda.
Attendee Name Title Status
Marie Blankley Mayor Present
Rebeca Armendariz 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
2. STUDY SESSION
2.1. Gilroy Garlic Festival Study Session
Mayor Blankley provided a brief overview of the meeting.
Gilroy Garlic Festival Board President Jeff Speno shared the status of the
organization.
Assistant City Administrator McPhillips provided staff presentation and
responded to Council Member questions.
Discussion ensued between Council Members and Garlic Festival Board
Members.
Mayor Blankley opened public comment.
John Zekanoski stated he is encouraged that the festival will be
back after this study session and reminded the Garlic Festival is a
worldwide brand.
Kirsten Carr stated she does not want 2019 to be the last festival
and inquired what the City and the board do together to have the
festival return.
Larry Mickartz emphasized the impact of the Garlic Festival on the
community and that the community needs it back. He cautioned the
board members not to take the festival out of Gilroy.
Janet Krulee emphasized that Gilroy is on the map be cause of the
festival and inquired if other cities within the Municipal Pool
Authority have fairs and festivals that require the $10 million
insurance requirement.
7.2
Packet Pg. 26 Minutes Acceptance: Minutes of Oct 24, 2022 6:00 PM (CONSENT CALENDAR (ROLL CALL VOTE))
City Council Special Study Session Minutes
10/24/2022
Page 2 of 2
There being no further speakers, Mayor Blankley closed public comment.
Council Members continued asking questions of staff.
3. ADJOURNMENT
The meeting was adjourned at 6:57 PM 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 Nam Pham, CMC, CPMC
City Clerk
7.2
Packet Pg. 27 Minutes Acceptance: Minutes of Oct 24, 2022 6:00 PM (CONSENT CALENDAR (ROLL CALL VOTE))
City of Gilroy
STAFF REPORT
Agenda Item Title: Approve Amendments to the 2023 City Council Meeting
Schedule
Meeting Date: November 7, 2022
From: Jimmy Forbis, City Administrator
Department: City Clerk
Submitted By: Thai Pham, City Clerk
Prepared By: Thai Pham, City Clerk
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 amended 2023 City Council Meeting Schedule.
EXECUTIVE SUMMARY
At the September 12, 2022 City Council Regular Meeting, Council adopted the 2023
City Council Regular Meeting Schedule.
Due to the proximity to major holidays, it is requested Council approve the cancellation
of the following City Council Regular Meeting dates:
• Monday, July 3, 2023
7.3
Packet Pg. 28
• Monday, December 18, 2023
The following dates would replace the canceled regular meetings and would be
scheduled as “Special City Council Meetings”:
• Monday, July 10, 2023
• Monday, December 11, 2023
Staff has attached a revised 2023 Meeting Schedule and is requesting Council to
approve the amended 2023 City Council Meeting schedule.
Attachments:
1. Proposed 2023 City Council Meeting Schedule
7.3
Packet Pg. 29
CITY OF GILROY
2023 City Council Meeting Schedule
1st and 3rd Mondays every Month*
Gilroy City Council Chambers | 7351 Rosanna Street, Gilroy, CA
6:00 p.m.
* If a regular meeting falls on a holiday, it is rescheduled to the following Monday, with the exception of the single regula r
meeting in July, which will fall on the first day of the month not a holiday, or a Friday, Saturday or Sunday
January Monday, January 9, 2023* | Moved from January 2, 2023
Monday, January 23, 2023* | Moved from January 16, 2023
February Monday, February 6, 2023
Monday, February 27, 2023* | Moved from February 20, 2023
March Monday, March 6, 2023
Monday, March 20, 2023
April Monday, April 3, 2023
Monday, April 17, 2023
May Monday, May 1, 2023
Monday, May 15, 2023
June Monday, June 5, 2023
Monday, June 19, 2023
July Monday, July 3, 2023 | Canceled
Monday, July 10, 2023 (Special)
August Monday, August 7, 2023
Monday, August 21, 2023
September Monday, September 11, 2023* | Moved from September 4, 2023
Monday, September 18, 2023
October Monday, October 2, 2023
Monday, October 16, 2023
November Monday, November 6, 2023
Monday, November 20, 2023
December
Monday, December 4, 2023
Monday, December 11, 2023 (Special)
Monday, December 18, 2023 | Canceled
Adopted: September 12, 2022
Amended: November __, 2022
7.3.a
Packet Pg. 30 Attachment: Proposed 2023 City Council Meeting Schedule (4020 : 2023 City Council Meeting Schedule - AMENDED)
CITY OF GILROY
2023 City Council Meeting Schedule
1st and 3rd Mondays every Month*
Gilroy City Council Chambers | 7351 Rosanna Street, Gilroy, CA
6:00 p.m.
* If a regular meeting falls on a holiday, it is rescheduled to the following Monday, with the exception of the single regula r
meeting in July, which will fall on the first day of the month not a holiday, or a Friday, Saturday or Sunday
= Observed Holiday
= Regular Meeting
= Special Meeting
JANUARY FEBRUARY MARCH
S M T W T F S S M T W T F S S M T W T F S
1 2 3 4 5 6 7 1 2 3 4 1 2 3 4
8 9 10 11 12 13 14 5 6 7 8 9 10 11 5 6 7 8 9 10 11
15 16 17 18 19 20 21 12 13 14 15 16 17 18 12 13 14 15 16 17 18
22 23 24 25 26 27 28 19 20 21 22 23 24 25 19 20 21 22 23 24 25
29 30 31 26 27 28 26 27 28 29 30 31
APRIL MAY JUNE
S M T W T F S S M T W T F S S M T W T F S
1 1 2 3 4 5 6 1 2 3
2 3 4 5 6 7 8 7 8 9 10 11 12 13 4 5 6 7 8 9 10
9 10 11 12 13 14 15 14 15 16 17 18 19 20 11 12 13 14 15 16 17
16 17 18 19 20 21 22 21 22 23 24 25 26 27 18 19 20 21 22 23 24
23 24 25 26 27 28 29 28 29 30 31 25 26 27 28 29 30
30
JULY AUGUST SEPTEMBER
S M T W T F S S M T W T F S S M T W T F S
1 1 2 3 4 5 1 2
2 3 4 5 6 7 8 6 7 8 9 10 11 12 3 4 5 6 7 8 9
9 10 11 12 13 14 15 13 14 15 16 17 18 19 10 11 12 13 14 15 16
16 17 18 19 20 21 22 20 21 22 23 24 25 26 17 18 19 20 21 22 23
23 24 25 26 27 28 29 27 28 29 30 31 24 25 26 27 28 29 30
30 31
OCTOBER NOVEMBER DECEMBER
S M T W T F S S M T W T F S S M T W T F S
1 2 3 4 5 6 7 1 2 3 4 1 2
8 9 10 11 12 13 14 5 6 7 8 9 10 11 3 4 5 6 7 8 9
15 16 17 18 19 20 21 12 13 14 15 16 17 18 10 11 12 13 14 15 16
22 23 24 25 26 27 28 19 20 21 22 23 24 25 17 18 19 20 21 22 23
29 30 31 26 27 28 29 30 24 25 26 27 28 29 30
31
7.3.a
Packet Pg. 31 Attachment: Proposed 2023 City Council Meeting Schedule (4020 : 2023 City Council Meeting Schedule - AMENDED)
City of Gilroy
STAFF REPORT
Agenda Item Title: City of Gilroy Recognition of Cesar Chavez Day (March 31)
as an Observed Holiday
Meeting Date: November 7, 2022
From: Jimmy Forbis, City Administrator
Department: Human Resources Department
Submitted By: LeeAnn McPhillips, Administrative Services/HR Director/Risk
Manager
Prepared By: LeeAnn McPhillips, Administrative Services/HR Director/Risk
Manager
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 of the City Council of the City of Gilroy declaring Cesar Chavez Day
(March 31st) as an Observed Holiday.
BACKGROUND
During the recent labor negotiations process, the topic of adding holidays was raised by
two labor groups, AFSCME and GMA. The groups requested consideration of adding
Cesar Chavez Day and Juneteenth as additional observed holidays. Most employees in
7.4
Packet Pg. 32
these labor groups would have a paid day off if these additional holidays are added to
the City of Gilroy’s observed holiday list.
At the Council meeting of August 15, 2022, the Council unanimously a pproved a
council-initiated item to conduct a future Council discussion on the topic of adding Cesar
Chavez Day as an additional observed City of Gilroy holiday.
At the Council meeting of October 3, 2022, the City Council voted in support of moving
forward with adding Cesar Chavez Day as an official observed holiday for the City of
Gilroy and directed staff to complete the necessary next steps to complete this process.
Given the impacts on the City of Gilroy labor organizations and negotiated Memoranda
of Understanding, a closed session was held on October 17, 2022, to provide direction
to the City’s negotiators. City negotiators have communicated with all recognized labor
groups and have reached tentative agreements relative to this item.
At this time, the final step in the approval process is for the City Council, by resolution,
to declare Cesar Chavez Day (March 31) as an official observed holiday for the City of
Gilroy. Upon adoption of this resolution, this holiday will be added to the City’s official
observed holiday list, and going forward City offices will be closed on the designated
date.
ADDITIONAL BACKGROUND
Cesar Chavez Day is a federal commemorative holiday and an observed holiday for the
State of California since the year 2000, celebrated to honor the enduring legacy of the
American labor rights hero. Cesar Estrada Chavez was born on March 31, 1927, to a
Mexican American family in Yuma, Arizona. He spent his early years on a farm where
his mother worked as a part-time laborer. In the late 1930s as a result of the Great
Depression, Chavez and his family moved to California in search of a better livelihood.
Chavez spent most of his adult years fighting for workers’ rights. In 1962, Chavez, along
with Dolores Huerta, established the National Farm Workers Association. Chavez
passed away in 1993 and later that year he was posthumously awarded the Presidential
Medal of Freedom by President Clinton. Cesar Chavez Day was initiated by former
President Obama in 2014 and on March 31 of each year community leaders come
together to celebrate the life of this American icon and take inspiration from his four
decades of selfless service to the workers of the United States.
FISCAL IMPACT/FUNDING SOURCE
Employees work 2080 hours in a fiscal year. The value of pr oviding eight hours of
holiday time off is .00385 or less than a ½ percent. While there is no additional hard
cost as the non-safety employee is paid the same salary, the time off does carry a non-
monetary impact as the employee is not working. The cost to proportionately increase
the amount of holiday pay for safety employees is approximately $130,000 annually .
7.4
Packet Pg. 33
NEXT STEPS
Following the adoption of the resolution, staff will finalize side letters to the current
Memoranda of Understanding with the City’s recognized labor groups consistent with
the direction provided by the City Council and the tentative agreements reached with
each labor group.
Attachments:
1. Draft Resolution
7.4
Packet Pg. 34
RESOLUTION NO. 2022-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY DECLARING CESAR CHAVEZ DAY
(MARCH 31) AS AN OFFICIAL OBSERVED HOLIDAY
FOR THE CITY OF GILROY
WHEREAS, Cesar Estrada Chavez was born near Yuma, Arizona on March 31, 1927, to
a Mexican American family who lost their farm during the Great Depression; and
WHEREAS, Chavez left school and joined his family as a migrant farm worker, traveling
throughout California laboring in the fields, orchards, and vineyards; and
WHEREAS, Chavez joined the U.S. Navy in 1946 in the aftermath of World War II and
served for two years in the Western Pacific; and
WHEREAS, Chavez began his career in community organizing in 1952 with the
Community Service Organization; and
WHEREAS, Chavez founded the National Farm Workers Association alongside Dolores
Huerta in 1962 and collaborated with the Agricultural Workers Organizing Committee which later
merged to become the United Farm Workers of America, which is still active today; and
WHEREAS, Chavez supported initiatives to benefit farm workers, such as safe working
conditions, fair wages, job-training programs, and affordable housing; and
WHEREAS, Chavez passed away in 1993 and later that year he was posthumously
awarded the Presidential Medal of Freedom by President Clinton; and
WHEREAS, in 2000, California Governor Gray Davis endorsed a bill to make Cesar
Chavez’s birthday a holiday for state employees and schools, and, in 2014, U.S. President Barack
Obama proclaimed March 31 as Cesar Chavez Day to “celebrate his courage, reflect on his lifetime
of advocacy, and recognize the power in each of us to lift up lies and pursue social justice;” and
WHEREAS, the City Council of the City of Gilroy wishes to commemorate and honor the
life and work of Cesar Chavez.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF GILROY, AS FOLLOWS:
1. The City Council of the City of Gilroy hereby declares Cesar Chavez Day
(March 31) as an official observed City holiday.
7.4.a
Packet Pg. 35 Attachment: Draft Resolution (4022 : Cesar Chavez Holiday Resolution)
Resolution No. 2022-XX
Declaring Cesar Chavez Day as Observed Holiday
City Council Regular Meeting | November 7, 2022
Page 2 of 2
PASSED AND ADOPTED this 7th day of November, 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
7.4.a
Packet Pg. 36 Attachment: Draft Resolution (4022 : Cesar Chavez Holiday Resolution)
City of Gilroy
STAFF REPORT
Agenda Item Title: Authorize the City Administrator, or Designee, to Execute
an Easement Deed to PG&E for a Relocated Joint Guy Stub
Pole and Anchor within APN 799-08-051 for the Downtown
Gourmet Parking Lot
Meeting Date: November 7, 2022
From: Jimmy Forbis, City Administrator
Department: Public Works Department
Submitted By: Daryl Jordan, PE, Public Works Director
Prepared By: Gary Heap, City Engineer/Transportation Engineer
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 to Approve a Utility Easement Deed to Pacific Gas & Electric
Company (PG&E) on a Portion of City-owned parcel APN 799-08-051 within the
Downtown Gourmet Parking Lot, and Authorize the City Administrator, or designee, to
execute the easement deed.
BACKGROUND
A new easement is required to install PG&E facilities at the new Downtown Gourmet
Parking Lot at the northeast corner of Eigleberry and Seventh Street. The easement is
7.5
Packet Pg. 37
required by PG&E to relocate a joint guy stub pole and anchor that are currently in
conflict with the Downtown Gourmet Parking Lot improvements. The easement area
(shown in Attachment 2 – Exhibit “B”) will be repositioned on property owned by the City
of Gilroy. The easement is approximately 100 square feet in area.
ANALYSIS
Staff has reviewed the new easement and proposed facilities and found that they do not
conflict with the City’s other utilities within the immediate area. Staff recommends
approval of this easement.
ALTERNATIVES
Council may deny the request to authorize the City Administrator, or Designee, to grant
the easement to PG&E for the relocation of the joint guy stub pole and anchor. Staff
does not recommend this option as this would require the redesign of a portion of the
parking lot and would delay its construction.
FISCAL IMPACT/FUNDING SOURCE
There are no financial impacts with this action.
Attachments:
1. Draft Resolution
2. 2211-04-10029 Utility Distribution Easement
7.5
Packet Pg. 38
RESOLUTION NO. 2022-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY AUTHORIZING THE CITY
ADMINISTRATOR, OR DESIGNEE, TO EXECUTE AN
EASEMENT DEED TO PACIFIC GAS & ELECTRIC
COMPANY (PG&E) FOR THE RELOCATION OF
FACILITIES WITHIN APN 799-08-051
WHEREAS, the City of Gilroy is constructing a new parking lot, referred to as the
Downtown Gourmet Parking Lot, at the northeast corner of Eigleberry and Seventh Streets; and
WHEREAS, an existing PG&E joint guy stub pole and anchor are in conflict with the new
parking lot improvements; and
WHEREAS, the new parking lot improvements require the relocation of the joint guy stub
pole and anchor to a new location within the same City-owned parcel APN 799-08-051; and
WHEREAS, to accommodate the relocation of the joint guy stub pole and anchor, a new
easement approximately 100 square feet in area is required; and
WHEREAS, City staff has reviewed the new easement and proposed facilities and found
that they will not conflict with the City’s other utilities within the immediate area; and
WHEREAS, staff recommends that the City grant this easement to PG&E for the
placement of these planned facilities.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE
CITY OF GILROY authorizes the City Administrator, or Designee, to Execute an Easement
Deed to Pacific Gas & Electric Company (PG&E) for Facilities within APN 799-08-051.
PASSED AND ADOPTED this 7th day of November, 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
7.5.a
Packet Pg. 39 Attachment: Draft Resolution (3997 : PG&E Utility Easement Deed #2 Downtown Gourmet Parking Lot)
Utility Distribution Easement (02/2020)
RECORDING REQUESTED BY AND RETURN TO:
PACIFIC GAS AND ELECTRIC COMPANY
245 Market Street, N10A, Room 1015
P.O. Box 770000
San Francisco, California 94177
Location: City/Uninc Gilroy
Recording Fee $_____________________________
Document Transfer Tax $ None
[X]This is a conveyance where the consideration and
Value is less than $100.00 (R&T 11911).
[ ] Computed on Full Value of Property Conveyed, or
[ ] Computed on Full Value Less Liens
& Encumbrances Remaining at Time of Sale
[ ] Exempt from the fee per GC 27388.1 (a) (2); This
document is subject to Documentary Transfer Tax
Signature of declarant or agent determining tax
(SPACE ABOVE FOR RECORDER'S USE ONLY)
LD# 2211-04-10029 EASEMENT DEED
CITY OF GILROY, a municipal corporation,
hereinafter called Grantor, hereby grants to PACIFIC GAS AND ELECTRIC COMPANY, a
California corporation, hereinafter called Grantee, the right from time to time to excavate for, construct,
reconstruct, replace (of initial or any other size), remove, maintain, inspect, and use facilities and
associated equipment for public utility purposes, including, but not limited to electric, gas, and
communication facilities, together with a right of way therefor, on, over, and under the easement area
as hereinafter set forth, and also ingress thereto and egress therefrom, over and across the lands of
Grantor situated in the City of Gilroy, County of Santa Clara, State of California, described as follows:
(APN 799-08-051)
The parcel of land described and designated 7360 EIGLEBERRY STREET in the final order
of condemnation, wherein City of Gilroy is plaintiff, dated October 24, 2007 and recorded
in as Document No. 19675633, Santa Clara County Records.
The easement area is described as follows:
The strip of land of the uniform width of 5 feet, the center line of which is delineated by the heavy
dashed line shown upon the print of Grantee's Drawing No. SJL-16119 (Exhibit “A”), attached hereto
and made a part hereof.
The foregoing description is based on a survey made by Grantee in October 2022. The basis of bearing
used is based on a course between a found spike and washer and found brass disc along the centerline
of Sixth Street which course according to the Record of Survey filed for record November 4, 2021 in
Book 943 of Maps at Page 16, Santa Clara County Records, has a bearing of North 69°58’44”E and a
distance of 337.98 feet.
Grantor further grants to Grantee the right, from time to time, to trim or to cut down, without Grantee
paying compensation, any and all trees and brush now or hereafter within said easement area, and shall
have the further right, from time to time, to trim and cut down trees and brush along each side of said
7.5.b
Packet Pg. 40 Attachment: 2211-04-10029 Utility Distribution Easement (3997 : PG&E Utility Easement Deed #2 Downtown Gourmet Parking Lot)
Utility Distribution Easement (02/2020)
easement area which now or hereafter in the opinion of Grantee may interfere with or be a hazard to the
facilities installed hereunder, or as Grantee deems necessary to comply with applicable state or federal
regulations.
Grantor also grants to Grantee the right to use such portion of said lands contiguous to said easement
area as may be reasonably necessary in connection with the excavation, construction, reconstruction,
replacement, removal, maintenance and inspection of said facilities.
Grantor reserves the right to use the easement area for purposes which will not interfere with Grantee's
full enjoyment of the rights hereby granted; provided that Grantor shall not place or construct, nor allow
a third party to place or construct, any building or other structure, or store flammable substances, or drill
or operate any well, or construct any reservoir or other obstruction within said easement area, or diminish
or substantially add to the ground level within said easement area, or construct any fences that will
interfere with the maintenance and operation of said facilities.
Grantor further grants to Grantee the right to apportion to another public utility (as defined in Section 216 of the California Public Utilities Code) the right to excavate for, construct, reconstruct, replace,
remove, maintain, inspect, and use the communications facilities within said easement area including ingress thereto and egress therefrom.
The legal description herein, or the map attached hereto, defining the location of this utility distribution
easement, was prepared by Grantee pursuant to Section 8730 (c) of the Business and Professions Code.
This document may be executed in multiple counterparts, each of which shall be deemed an original,
but all of which, together, shall constitute one and the same instrument.
The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective
parties hereto, and all covenants shall apply to and run with the land.
Dated: ___________________, ________.
CITY OF GILROY, a municipal corporation
By_________________________________
By_________________________________
I hereby certify that a resolution was adopted on
the ____ day of ____________, 20____, by the
_____________________________________
authorizing the foregoing grant of easement.
By__________________________________
7.5.b
Packet Pg. 41 Attachment: 2211-04-10029 Utility Distribution Easement (3997 : PG&E Utility Easement Deed #2 Downtown Gourmet Parking Lot)
EXHIBIT "A"
APN 799-08-060
EXTEND TO OR ALONG BOUNDARIES OR LINES
UNLESS OTHERWISE SHOWN ALL COURSES
PARCEL 1
575-M-51
PARCEL 2
575-M-51
APN 799-08-059
W EST SIXTH STREET
EI
GLEBERRY STREET (Wi
dt
h
7
5')
ROADMONTEREY GOURMET ALLEY (Wi
dt
h
1
8')
Per 943-M-16
and Washer
Found Spike
Per 943-M-16
Found Brass Disc
7360 Eigleberry Street
APN 799-08-051
Doc. No. 19675633
Deed Dated 10/24/2007
a municipal corporation
OWNER: CITY OF GILROY
Tie: S54°40'20"
E 314.33'
Basis of Bearings N69°58'44"E 337.98' Per 943-M -16ALLEY
24.00'
S79°21'06"W
"A"
Detail
See
Not to Scale
Detail "A"
S79°21'06"W 24.00'
UTILITY EASEMENT
C/L 5.00' WIDE PG&E
575-M-51
tagged RCE 13769
Found 3/4" Iron Pipe
Applicant:
SECTION TOWNSHIP RANGE
PLAT MAP
REFERENCES
MERIDIAN
DATESCALE
CITY OF:
DRAWING NO.AUTHORIZDIVISIONPG&E
COUNTY OF:
F.B.: DR.BY: CH.BY:
CITY OF GILROY 1"=50'10-13-2022
SW/NE/06 11 S MDB&M
SANTA CLARA GILROY
N/A KCV2 DAN9
SAN JOSE 35309733 SJL-16119
04 E
O-25-03 (Elec.)
7.5.b
Packet Pg. 42 Attachment: 2211-04-10029 Utility Distribution Easement (3997 : PG&E Utility Easement Deed #2 Downtown Gourmet Parking Lot)
Utility Distribution Easement (02/2020)
State of California
County of )
On __________________________, before me, Notary Public,
Insert name
personally appeared
,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that
by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and
correct.
WITNESS my hand and official seal.
(Seal)
Signature of Notary Public
CAPACITY CLAIMED BY SIGNER
[ ] Individual(s) signing for oneself/themselves
[ ] Corporate Officer(s) of the above named corporation(s)
[ ] Trustee(s) of the above named Trust(s)
[ ] Partner(s) of the above named Partnership(s)
[ ] Attorney(s)-in-Fact of the above named Principal(s)
[ ] Other
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of
that document.
7.5.b
Packet Pg. 43 Attachment: 2211-04-10029 Utility Distribution Easement (3997 : PG&E Utility Easement Deed #2 Downtown Gourmet Parking Lot)
Utility Distribution Easement (02/2020)
Attach to LD 2211-04-10029
Area 3 , San Jose Division
Land Service Office: San Jose
Line of Business: Electric Distribution (43)
Business Doc Type: Easement
MTRSQ: (22.11.04.06.13) Las Animas Rancho
FERC License Number(s): N/A
PG&E Drawing Number(s): SJL-16119
PLAT NO.: O-25-03 (Elec.)
LD of any affected documents: N/A
LD of any Cross-referenced documents: N/A
TYPE OF INTEREST: Electric Pole Line Easement (4), Utility Easement (86)
SBE Parcel Number: N/A
(For Quitclaims, % being quitclaimed): N/A
Order # or PM #: 35309733-1110
JCN: N/A
County: Santa Clara
Utility Notice Numbers (if applicable): N/A
851 Approval Application No. N/A Decision N/A
Prepared By: kcv2
Checked By: dan9
Approved By: N/A
Revised by: N/A
7.5.b
Packet Pg. 44 Attachment: 2211-04-10029 Utility Distribution Easement (3997 : PG&E Utility Easement Deed #2 Downtown Gourmet Parking Lot)
City of Gilroy
STAFF REPORT
Agenda Item Title: First Amendment to the Agreement for Services with
Luhdorff & Scalmanini Consulting Engineers (LSCE) to
Extend Design and Construction Engineering Services
through June 30, 2024 and Increase Existing Agreement by
$99,502 for a Total Contract Amount of $719,502
Meeting Date: November 7, 2022
From: Jimmy Forbis, City Administrator
Department: Public Works Department
Submitted By: Daryl Jordan, PE, Public Works Director
Prepared By: Michael Lewis, Management Analyst
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 an amendment with Luhdorff & Scalmanini Consulting Engineers (LSCE) to
increase funding by $99,502 and extend the term of the existing agreement for design
and construction engineering services, and authorize the City Administrator to execute
the amendment and related documents.
7.6
Packet Pg. 45
EXECUTIVE SUMMARY
The City of Gilroy currently contracts with Luhdorff & Scalmanini Consulting Engineers
(LSCE) to provide design and construction engineering services for the Potable Water
Well Number 9 (McCarthy Well) project. The Engineering Division is requesting that an
amendment be approved for additional funding of the project in the amount of $99,502.
Additionally, the Engineering Division is also requesting an extension of t he term to
June 30, 2024 as the current term expires on December 31, 2022.
BACKGROUND
The City of Gilroy has undergone new development over the past several years
resulting in an increase in demand for water. The City’s Department of Public Works
has taken a proactive approach in determining the current level of water use versus the
available water supply by producing a Report on Potable Water Demand and Supply for
Imminent Development which was presented to Council in November 2018.
Based on the detailed analysis of imminent development, current daily water production,
and historical consumption, Council approved the design and construction of a new well
to meet the near-future water demand.
On May 12, 2019, the City issued a Request for Proposal s (RFP) to perform the design
and construction and engineering services for the McCarthy Well project. The RFP was
advertised on the City of Gilroy’s website and in the San Jose Mercury News. Two
proposals were received by the June 7, 2019 deadline from the following consultants:
GHD, Inc. and LSCE.
LSCE was selected as the most qualified firm for this project based on their
qualifications, thorough project understanding, and their approach to the design and
coordination process for the project. On Sep tember 16, 2019, Council approved a
contract amount of $620,000 which included a 10% contingency of the initial $562,145
that was proposed.
ANALYSIS
The Engineering Division has historically relied upon consultants to supplement design
services to augment City staffing levels. LSCE has been providing the City with design
and construction engineering services since September 16, 2019. To this point, LSCE
has provided approximately 77 hours of work across all employee classifications
including work related to property acquisition, environmental study, site investigation,
production well design and construction, pump station design and construction, and
permitting assistance from various regulatory agencies such as the State Water
Resources Control Board Division of Drinking Water and the Santa Clara Valley Habitat
Agency.
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Several delays have occurred from the start of the project. Foremost among them are
delays associated with ongoing supply shortages and other obstacles encountered
during the COVID-19 pandemic. The coordination of the Right of Entry Agreement with
the property owner to allow LSCE’s subcontractors to enter the property was also a
challenge that affected the work schedule.
As a result of the various delays, there have been price escalations from the eight (8)
subcontractors and sub-consultants. The Engineering Division would like to continue to
utilize LSCE’s services to see this project to completion. LSCE has widespread
resources as they relate to staffing and expertise . This gives the City peace of mind
when dealing with the complexities that the design and construction of a project like this
can present. Currently, the City does not have the necessary resources to complete
these tasks without assistance. LCSE can continue to provide these resources with
Council’s approval. The Engineering Division would like to extend the current contract
term to June 30, 2024.
LSCE is providing a Principal Professional, Supervising Professional, Project
Professional, Staff Professional, Staff Professional (Prevailing Wage), AutoCAD
Programmer, and a Clerical Professional along with eight subcontractors to perform the
work outlined in the scope. With the recent increases anticipated, a revised cost is
being proposed below:
Description Cost
Initial Contract Amount w/Contingency $620,000
Proposed Contract Amount $654,093
10% Contingency $65,409
Total Increase $99,502
Revised Contract Amount $719,502
ALTERNATIVES
Council could reject the amendment. Not awarding the amendment would leave t he
Engineering Division in a predicament as the Department does not possess the staffing
resources to perform design and construction engineering services for this project. The
Engineering Division would not be able to sustain this project without additional
resources, therefore, this option is not recommended.
FISCAL IMPACT/FUNDING SOURCE
LCSE’s updated cost for design and construction engineering services for the McCarthy
Well project is $654,093. Staff recommends including a 10% contingency of $65,40 9,
addressing unforeseen issues that may arise during the design process, for a total
contract of $719,502.
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Funding for this project will continue to be drawn from the Water Development Impact
Fee Fund (Fund 436). There are adequate funds and budgetary appropriations
available to accommodate this increase in the Water Development Impact Fee Fund.
NEXT STEPS
Upon approval of this contract, staff will finalize the process with LSCE, and work will
continue on the McCarthy Well project.
Attachments:
1. First Amendment - Contractor Signed
2. LSCE Contract
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7.6.a
Packet Pg. 49 Attachment: First Amendment - Contractor Signed (4018 : First Amendment to Luhdorff & Scalmanini Consulting Engineers)
7.6.a
Packet Pg. 50 Attachment: First Amendment - Contractor Signed (4018 : First Amendment to Luhdorff & Scalmanini Consulting Engineers)
AGREEMENT FOR SERVICES
For contracts over $5,000 - CONSULTANT)
This AGREEMENT made this September day of 16, 2019, between:
CITY: City of Gilroy, having a principal place of business at
7351 Rosanna Street, Gilroy, California
and CONSULTANT: Luhdorff & Scalmanini Consulting Engineers, having a principal place of
business at 500 First Street, Woodland, CA 95695.
ARTICLE 1. TERM OF AGREEMENT
This Agreement will become effective on 9/20/2019 and will continue in effect through
12/31/2022 unless terminated in accordance with the provisions of Article 7 of this Agreement.
Any lapse in insurance coverage as required by Article 5, Section D of this Agreement shall
terminate this Agreement regardless of any other provision stated herein. 5 . L .
Initial
ARTICLE 2. INDEPENDENT CONTRACTOR STATUS
It is the express intention of the parties that CONSULTANT is an independent contractor and not
an employee, agent, joint venturer or partner of CITY. Nothing in this Agreement shall be
interpreted or construed as creating or establishing the relationship of employer and employee
between CITY and CONSULTANT or any employee or agent of CONSULTANT. Both parties
acknowledge that CONSULTANT is not an employee for state or federal tax purposes.
CONSULTANT shall not be entitled to any of the rights or benefits afforded to CITY' S
employees, including, without limitation, disability or unemployment insurance, workers'
compensation, medical insurance, sick leave, retirement benefits or any other employment
benefits. CONSULTANT shall retain the right to perform services for others during the term of
this Agreement.
ARTICLE 3. SERVICES TO BE PERFORMED BY CONSULTANT
A. Specific Services
CONSULTANT agrees to: Perform the services as outlined in Exhibit "A" ("Specific
Provisions") and Exhibit "B" ("Scope of Services"), within the time periods described in
Exhibit "C" ("Milestone Schedule").
B. Method of Performing Services
CONSULTANT shall determine the method, details and means of performing the above -
described services. CITY shall have no right to, and shall not, control the manner or determine
the method of accomplishing CONSULTANT'S services.
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C. Employment of Assistants
CONSULTANT may, at the CONSULTANT'S own expense, employ such assistants as
CONSULTANT deems necessary to perform the services required of CONSULTANT by this
Agreement, subject to the prohibition against assignment and subcontracting contained in
Article 5 below. CITY may not control, direct, or supervise CONSULTANT'S assistants in the
performance of those services. CONSULTANT assumes full and sole responsibility for the
payment of all compensation and expenses of these assistants and for all state and federal income
tax, unemployment insurance, Social Security, disability insurance and other applicable
withholding.
D. Place of Work
CONSULTANT shall perform the services required by this Agreement at any place or location
and at such times as CONSULTANT shall determine is necessary to properly and timely perform
CONSULTANT'S services.
ARTICLE 4. COMPENSATION
A. Consideration
In consideration for the services to be performed by CONSULTANT, CITY agrees to pay
CONSULTANT the amounts set forth in Exhibit "D" ("Payment Schedule"). In no event
however shall the total compensation paid to CONSULTANT exceed $562,145. ,
B. Invoices
CONSULTANT shall submit invoices for all services rendered.
C. Payment
Payment shall be due according to the payment schedule set forth in Exhibit "D". No payment
will be made unless CONSULTANT has first provided City with a written receipt of invoice
describing the work performed and any approved direct expenses (as provided for in
Exhibit "A", Section IV) incurred during the preceding period. If CITY objects to all or any
portion of any invoice, CITY shall notify CONSULTANT of the objection within thirty (30)
days from receipt of the invoice, give reasons for the objection, and pay that portion of the
invoice not in dispute. It shall not constitute a default or breach of this Agreement for CITY not
to pay any invoiced amounts to which it has objected until the objection has been resolved by
mutual agreement of the parties.
D. Expenses
CONSULTANT shall be responsible for all costs and expenses incident to the performance of
services for CITY, including but not limited to, all costs of equipment used or provided by
CONSULTANT, all fees, fines, licenses, bonds or taxes required of or imposed against
CONSULTANT and all other of CONSULTANT'S costs of doing business. CITY shall not be
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responsible for any expenses incurred by CONSULTANT in performing services for CITY,
except for those expenses constituting "direct expenses" referenced on Exhibit "A."
ARTICLE 5. OBLIGATIONS OF CONSULTANT
A. Tools and Instrumentalities
CONSULTANT shall supply all tools and instrumentalities required to perform the services
under this Agreement at its sole cost and expense. CONSULTANT is not required to purchase
or rent any tools, equipment or services from CITY.
B. Workers' Compensation
CONSULTANT agrees to provide workers' compensation insurance for CONSULTANT'S
employees and agents and agrees to hold harmless, defend with counsel acceptable to CITY and
indemnify CITY, its officers, representatives, agents and employees from and against any and all
claims, suits, damages, costs, fees, demands, causes of action, losses, liabilities and expenses,
including without limitation reasonable attorneys' fees, arising out of any injury, disability, or
death of any of CONSULTANT'S employees.
C. Indemnification of Liability, Duty to Defend
1. As to professional liability, to the fullest extent permitted by law,
CONSULTANT shall defend, through counsel approved by CITY (which approval shall not be
unreasonably withheld), indemnify and hold harmless CITY, its officers, representatives, agents
and employees against any and all suits, damages, costs, fees, claims, demands, causes of action,
losses, liabilities and expenses, including without limitation attorneys' fees, to the extent arising
or resulting directly or indirectly from any willful or negligent acts, errors or omissions of
CONSULTANT or CONSULTANT'S assistants, employees or agents, including all claims
relating to the injury or death of any person or damage to any property.
2. As to other liability, to the fullest extent permitted by law, CONSULTANT shall
defend, through counsel approved by CITY (which approval shall not be unreasonably withheld),
indemnify and hold harmless CITY, its officers, representatives, agents and employees against
any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and
expenses, including without limitation attorneys' fees, arising or resulting directly or indirectly
from any act or omission of CONSULTANT or CONSULTANT'S assistants, employees or
agents, including all claims relating to the injury or death of any person or damage to any
property.
D. Insurance
In addition to any other obligations under this Agreement, CONSULTANT shall, at no cost to
CITY, obtain and maintain throughout the term of this Agreement: (a) Commercial Liability
Insurance on a per occurrence basis, including coverage for owned and non -owned automobiles,
with a minimum combined single limit coverage of $1,000,000 per occurrence for all damages
due to bodily injury, sickness or disease, or death to any person, and damage to property,
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including the loss of use thereof, and (b) Professional Liability Insurance (Errors & Omissions)
with a minimum coverage of $1,000,000 per occurrence or claim, and $2,000,000 aggregate;
provided however, Professional Liability Insurance written on a claims made basis must comply
with the requirements set forth below. Professional Liability Insurance written on a claims made
basis (including without limitation the initial policy obtained and all subsequent policies
purchased as renewals or replacements) must show the retroactive date, and the retroactive date
must be before the earlier of the effective date of the contract or the beginning of the contract
work. Claims made Professional Liability Insurance must be maintained, and written evidence
of insurance must be provided, for at least five (5) years after the completion of the contract
work. If claims made coverage is canceled or non -renewed, and not replaced with another
claims -made policy form with a retroactive date prior to the earlier of the effective date of the
contract or the beginning of the contract work, CONSULTANT must purchase so called
extended reporting" or "tail" coverage for a minimum of five (5) years after completion of
work, which must also show a retroactive date that is before the earlier of the effective date of
the contract or the beginning of the contract work. As a condition precedent to CITY'S
obligations under this Agreement, CONSULTANT shall furnish written evidence of such
coverage (naming CITY, its officers and employees as additional insureds on the Comprehensive
Liability insurance policy referred to in (a) immediately above via a specific endorsement) and
requiring thirty (30) days written notice of policy lapse or cancellation, or of a material change in
policy terms.
E. Assignment
Notwithstanding any other provision of this Agreement, neither this Agreement nor any duties or
obligations of CONSULTANT under this Agreement may be assigned or subcontracted by
CONSULTANT without the prior written consent of CITY, which CITY may withhold in its
sole and absolute discretion.
F. State and Federal Taxes
As CONSULTANT is not CITY'S employee, CONSULTANT shall be responsible for paying
all required state and federal taxes. Without limiting the foregoing, CONSULTANT
acknowledges and agrees that:
CITY will not withhold FICA (Social Security) from CONSULTANT'S
payments;
CITY will not make state or federal unemployment insurance contributions on
CONSULTANT'S behalf;
CITY will not withhold state or federal income tax from payment to
CONSULTANT;
CITY will not make disability insurance contributions on behalf of
CONSULTANT;
CITY will not obtain workers' compensation insurance on behalf of
CONSULTANT.
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Packet Pg. 54 Attachment: LSCE Contract (4018 : First Amendment to Luhdorff & Scalmanini Consulting Engineers)
ARTICLE 6. OBLIGATIONS OF CITY
A. Cooperation of City
CITY agrees to respond to all reasonable requests of CONSULTANT and provide access, at
reasonable times following receipt by CITY of reasonable notice, to all documents reasonably
necessary to the performance of CONSULTANT'S duties under this Agreement.
B. Assignment
CITY may assign this Agreement or any duties or obligations thereunder to a successor
governmental entity without the consent of CONSULTANT. Such assignment shall not release
CONSULTANT from any of CONSULTANT'S duties or obligations under this Agreement.
ARTICLE 7. TERMINATION OF AGREEMENT
A. Sale of Consultant's Business/ Death of Consultant.
CONSULTANT shall notify CITY of the proposed sale of CONSULTANT's business no later
than thirty (30) days prior to any such sale. CITY shall have the option of terminating this
Agreement within thirty (30) days after receiving such notice of sale. Any such CITY
termination pursuant to this Article 7.A shall be in writing and sent to the address for notices to
CONSULTANT set forth in Exhibit A, Subsection V.H., no later than thirty (30) days after
CITY' receipt of such notice of sale.
If CONSULTANT is an individual, this Agreement shall be deemed automatically terminated
upon death of CONSULTANT.
B. Termination by City for Default of Consultant
Should CONSULTANT default in the performance of this Agreement or materially breach any
of its provisions, CITY, at CITY' S option, may terminate this Agreement by giving written
notification to CONSULTANT. For the purposes of this section, material breach of this
Agreement shall include, but not be limited to the following:
1. CONSULTANT'S failure to professionally and/or timely perform any of the
services contemplated by this Agreement.
2. CONSULTANT'S breach of any of its representations, warranties or covenants
contained in this Agreement.
CONSULTANT shall be entitled to payment only for work completed in accordance with the
terms of this Agreement through the date of the termination notice, as reasonably determined by
CITY, provided that such payment shall not exceed the amounts set forth in this Agreement for
the tasks described on Exhibit C" which have been frilly, competently and timely rendered by
CONSULTANT. Notwithstanding the foregoing, if CITY terminates this Agreement due to
CONSULTANT'S default in the performance of this Agreement or material breach by
CONSULTANT of any of its provisions, then in addition to any other rights and remedies CITY
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may have, CONSULTANT shall reimburse CITY, within ten (10) days after demand, for any
and all costs and expenses incurred by CITY in order to complete the tasks constituting the scope
of work as described in this Agreement, to the extent such costs and expenses exceed the
amounts CITY would have been obligated to pay CONSULTANT for the performance of that
task pursuant to this Agreement.
C. Termination for Failure to Make Agreed -Upon Payments
Should CITY fail to pay CONSULTANT all or any part of the compensation set forth in Article
4 of this Agreement on the date due, then if and only if such nonpayment constitutes a default
under this Agreement, CONSULTANT, at the CONSULTANT'S option, may terminate this
Agreement if such default is not remedied by CITY within thirty (30) days after demand for such
payment is given by CONSULTANT to CITY.
D. Transition after Termination
Upon termination, CONSULTANT shall immediately stop work, unless cessation could
potentially cause any damage or harm to person or property, in which case CONSULTANT shall
cease such work as soon as it is safe to do so. CONSULTANT shall incur no further expenses in
connection with this Agreement. CONSULTANT shall promptly deliver to CITY all work done
toward completion of the services required hereunder, and shall act in such a manner as to
facilitate any the assumption of CONSULTANT's duties by any new consultant hired by the
CITY to complete such services.
ARTICLE S. GENERAL PROVISIONS
A. Amendment & Modification
No amendments, modifications, alterations or changes to the terms of this Agreement shall be
effective unless and until made in a writing signed by both parties hereto.
B. Americans with Disabilities Act of 1990
Throughout the term of this Agreement, the CONSULTANT shall comply fully with all
applicable provisions of the Americans with Disabilities Act of 1990 ("the Act") in its current
form and as it may be amended from time to time. CONSULTANT shall also require such
compliance of all subcontractors performing work under this Agreement, subject to the
prohibition against assignment and subcontracting contained in Article 5 above. The
CONSULTANT shall defend with counsel acceptable to CITY, indemnify and hold harmless the
CITY OF GILROY, its officers, employees, agents and representatives from and against all suits,
claims, demands, damages, costs, causes of action, losses, liabilities, expenses and fees,
including without limitation reasonable attorneys' fees, that may arise out of any violations of
the Act by the CONSULTANT, its subcontractors, or the officers, employees, agents or
representatives of either.
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C. Attorneys' Fees
If any action at law or in equity, including an action for declaratory relief, is brought to enforce
or interpret the provisions of this Agreement, the prevailing parry will be entitled to reasonable
attorneys' fees, which may be set by the court in the same action or in a separate action brought
for that purpose, in addition to any other relief to which that party may be entitled.
D. Captions
The captions and headings of the various sections, paragraphs and subparagraphs of the
Agreement are for convenience only and shall not be considered nor referred to for resolving
questions of interpretation.
E. Compliance with Laws
The CONSULTANT shall keep itself informed of all State and National laws and all municipal
ordinances and regulations of the CITY which in any manner affect those engaged or employed
in the work, or the materials used in the work, or which in any way affect the conduct of the
work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or
authority over the same. Without limiting the foregoing, CONSULTANT agrees to observe the
provisions of the Municipal Code of the CITY OF GILROY, obligating every contractor or
subcontractor under a contract or subcontract to the CITY OF GILROY for public works or for
goods or services to refrain from discriminatory employment or subcontracting practices on the
basis of the race, color, sex, religious creed, national origin, ancestry of any employee, applicant
for employment, or any potential subcontractor.
F. Conflict of Interest
CONSULTANT certifies that to the best of its knowledge, no CITY employee or office of any
public agency interested in this Agreement has any pecuniary interest in the business of
CONSULTANT and that no person associated with CONSULTANT has any interest that would
constitute a conflict of interest in any manner or degree as to the execution or performance of
this Agreement.
G. Entire Agreement
This Agreement supersedes any and all prior agreements, whether oral or written, between the
parties hereto with respect to the rendering of services by CONSULTANT for CITY and
contains all the covenants and agreements between the parties with respect to the rendering of
such services in any manner whatsoever. Each party to this Agreement acknowledges that no
representations, inducements, promises or agreements, orally or otherwise, have been made by
any party, or anyone acting on behalf of any party, which are not embodied herein, and that no
other agreement, statement or promise not contained in this Agreement shall be valid or binding.
No other agreements or conversation with any officer, agent or employee of CITY prior to
execution of this Agreement shall affect or modify any of the terms or obligations contained in
any documents comprising this Agreement. Such other agreements or conversations shall be
considered as unofficial information and in no way binding upon CITY.
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H. Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of
California without regard to the conflict of laws provisions of any jurisdiction. The exclusive
jurisdiction and venue with respect to any and all disputes arising hereunder shall be in state and
federal courts located in Santa Clara County, California.
I. Notices
Any notice to be given hereunder by either party to the other may be effected either by personal
delivery in writing or by mail, registered or certified, postage prepaid with return receipt
requested. Mailed notices shall be addressed to the parties at the addresses appearing in
Exhibit "A", Section V.H. but each party may change the address by written notice in
accordance with this paragraph. Notices delivered personally will be deemed delivered as of
actual receipt; mailed notices will be deemed delivered as of three (3) days after mailing.
J. Partial Invalidity
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void
or unenforceable, the remaining provisions will nevertheless continue in full force without being
impaired or invalidated in any way.
K. Time of the Essence
All dates and times referred to in this Agreement are of the essence.
L. Waiver
CONSULTANT agrees that waiver by CITY of any one or more of the conditions of
performance under this Agreement shall not be construed as waiver(s) of any other condition of
performance under this Agreement.
Executed at Gilroy, California, on the date and year first above written.
CONSULTANT:
Luhdorff & Scalmanini Consulting
Enaineers
By:.a--..
Name: Scott Lewis
Title: Principal Geologist
Social Security or Taxpayer
Identification Number 201984423
Approved as to Form
Citv Attornev I
i -
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CITY:
CITY OF GILROY
By: .........................
Name: Gabriel A. Gonzalez
Title: Citv Administrator
MA
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Packet Pg. 58 Attachment: LSCE Contract (4018 : First Amendment to Luhdorff & Scalmanini Consulting Engineers)
EXHIBIT "A"
SPECIFIC PROVISIONS
I. PROJECT MANAGER
CONSULTANT shall provide the services indicated on the attached Exhibit "B", Scope of
Services ("Services"). (All exhibits referenced are incorporated herein by reference.) To
accomplish that end, CONSULTANT agrees to assign Jason Coleman, who will act in the
capacity of Project Manager, and who will personally direct such Services.
Except as may be specified elsewhere in this Agreement, CONSULTANT shall furnish all
technical and professional services including labor, material, equipment, transportation,
supervision and expertise to perform all operations necessary and required to complete the
Services in accordance with the terms of this Agreement.
II. NOTICE TO PROCEED/COMPLETION OF SERVICE
A. NOTICE TO PROCEED
CONSULTANT shall commence the Services upon delivery to CONSULTANT of a written
Notice to Proceed", which Notice to Proceed shall be in the form of a written communication
from designated City contact person(s). Notice to Proceed may be in the form of e-mail, fax or
letter authorizing commencement of the Services. For purposes of this Agreement, Faranak
Mandavi shall be the designated City contact person(s). Notice to Proceed shall be deemed to
have been delivered upon actual receipt by CONSULTANT or if otherwise delivered as provided
in the Section V.H. ("Notices") of this Exhibit "A".
B. COMPLETION OF SERVICES
When CITY determines that CONSULTANT has completed all of the Services in accordance
with the terms of this Agreement, CITY shall give CONSULTANT written Notice of Final
Acceptance, and CONSULTANT shall not incur any further costs hereunder. CONSULTANT
may request this determination of completion when, in its opinion, it has completed all of the
Services as required by the terms of this Agreement and, if so requested, CITY shall make this
determination within two (2) weeks of such request, or if CITY determines that CONSULTANT
has not completed all of such Services as required by this Agreement, CITY shall so inform
CONSULTANT within this two (2) week period.
III. PROGRESS SCHEDULE
The schedule for performance and completion of the Services will be as set forth in the attached
Exhibit "C".
IV. PAYMENT OF FEES AND DIRECT EXPENSES
Payments shall be made to CONSULTANT as provided for in Article 4 of this Agreement.
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Direct expenses are charges and fees not included in Exhibit "B". CITY shall be obligated to
pay only for those direct expenses which have been previously approved in writing by CITY.
CONSULTANT shall obtain written approval from CITY prior to incurring or billing of direct
expenses.
Copies of pertinent financial records, including invoices, will be included with the submission of
billing(s) for all direct expenses.
V. OTHER PROVISIONS
A. STANDARD OF WORKMANSHIP
CONSULTANT represents and warrants that it has the qualifications, skills and licenses
necessary to perform the Services, and its duties and obligations, expressed and implied,
contained herein, and CITY expressly relies upon CONSULTANT'S representations and
warranties regarding its skills, qualifications and licenses. CONSULTANT shall perform such
Services and duties in conformance to and consistent with the standards generally recognized as
being employed by professionals in the same discipline in the State of California.
Any plans, designs, specifications, estimates, calculations, reports and other documents furnished
under this Agreement shall be of a quality acceptable to CITY. The minimum criteria for
acceptance shall be a product of neat appearance, well -organized, technically and grammatically
correct, checked and having the maker and checker identified. The minimum standard of
appearance, organization and content of the drawings shall be that used by CITY for similar
purposes.
B. RESPONSIBILITY OF CONSULTANT
CONSULTANT shall be responsible for the professional quality, technical accuracy, and the
coordination of the Services furnished by it under this Agreement. CONSULTANT shall not be
responsible for the accuracy of any project or technical information provided by the CITY. The
CITY' S review, acceptance or payment for any of the Services shall not be construed to operate
as a waiver of any rights under this Agreement or of any cause of action arising out of the
performance of this Agreement, and CONSULTANT shall be and remain liable to CITY in
accordance with applicable law for all damages to CITY caused by CONSULTANT'S negligent
performance of any of the services furnished under this Agreement.
C. RIGHT OF CITY TO INSPECT RECORDS OF CONSULTANT
CITY, through its authorized employees, representatives or agents, shall have the right, at any
and all reasonable times, to audit the books and records (including, but not limited to, invoices,
vouchers, canceled checks, time cards, etc.) of CONSULTANT for the purpose of verifying any
and all charges made by CONSULTANT in connection with this Agreement. CONSULTANT
shall maintain for a minimum period of three (3) years (from the date of final payment to
CONSULTANT), or for any longer period required by law, sufficient books and records in
accordance with standard California accounting practices to establish the correctness of all
charges submitted to CITY by CONSULTANT, all of which shall be made available to CITY at
the CITY's offices within five (5) business days after CITY's request.
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D. CONFIDENTIALITY OF MATERIAL
All ideas, memoranda, specifications, plans, manufacturing procedures, data (including, but not
limited to, computer data and source code), drawings, descriptions, documents, discussions or
other information developed or received by or for CONSULTANT and all other written and oral
information developed or received by or for CONSULTANT and all other written and oral
information submitted to CONSULTANT in connection with the performance of this Agreement
shall be held confidential by CONSULTANT and shall not, without the prior written consent of
CITY, be used for any purposes other than the performance of the Services, nor be disclosed to
an entity not connected with the performance of the such Services. Nothing furnished to
CONSULTANT which is otherwise known to CONSULTANT or is or becomes generally
known to the related industry (other than that which becomes generally known as the result of
CONSULTANT'S disclosure thereof) shall be deemed confidential. CONSULTANT shall not
use CITY'S name or insignia, or distribute publicity pertaining to the services rendered under
this Agreement in any magazine, trade paper, newspaper or other medium without the express
written consent of CITY.
E. NO PLEDGING OF CITY'S CREDIT.
Under no circumstances shall CONSULTANT have the authority or power to pledge the credit
of CITY or incur any obligation in the name of CITY.
F. OWNERSHIP OF MATERIAL.
All material including, but not limited to, computer information, data and source code, sketches,
tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps,
calculations, photographs, reports and other material developed, collected, prepared (or caused to
be prepared) under this Agreement shall be the property of CITY, but CONSULTANT may
retain and use copies thereof subject to Section V.D of this Exhibit "A".
CITY shall not be limited in any way in its use of said material at any time for any work,
whether or not associated with the City project for which the Services are performed. However,
CONSULTANT shall not be responsible for, and City shall indemnify CONSULTANT from,
damages resulting from the use of said material for work other than PROJECT, including, but
not limited to, the release of this material to third parties for work other than on PROJECT.
G. NO THIRD PARTY BENEFICIARY.
This Agreement shall not be construed or deemed to be an agreement for the benefit of any third
party or parties, and no third party or parties shall have any claim or right of action hereunder for
any cause whatsoever.
4835-2267-03610 _3 _ LAM04706083
7.6.b
Packet Pg. 61 Attachment: LSCE Contract (4018 : First Amendment to Luhdorff & Scalmanini Consulting Engineers)
H. NOTICES.
Notices are to be sent as follows:
CITY: Faranak Mandavi
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
CONSULTANT: Jason =
tln
500 First Street
Woodland, CA
95695
I. FEDERAL FUNDING REQUIREMENTS.
If the box to the left of this sentence is checked, this Agreement involves federal
funding and the requirements of this Section V.I. apply.
If the box to the left of this sentence is checked, this Agreement does not involve
federal funding and the requirements of this Section V.I. do not apply.
DBE Program
CONSULTANT shall comply with the requirements of Title 49, Part 26, Code of Federal
Regulations (49 CFR 26) and the City -adopted Disadvantaged Business Enterprise programs.
2. Cost Principles
Federal Acquisition Regulations in Title 48, CFR 31, shall be used to determine the allowable
cost for individual items.
Covenant against Contingent Fees
The CONSULTANT warrants that he/she has not employed or retained any company or person,
other than a bona fide employee working for the CONSULTANT, to solicit or secure this
Agreement, and that he/she has not paid or agreed to pay any company or person, other than a
bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other
consideration, contingent upon or resulting from the award or formation of this Agreement. For
breach or violation of this warranty, the Local Agency shall have the right to annul this
Agreement without liability or, at its discretion, to deduct from the agreement price or
consideration, or otherwise recover, the full amount of such fee, commission, percentage,
brokerage fee, gift or contingent fee.
4835-2267-0361 v1
LAC104706083
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J. PREVAILING WAGE.
CONTRACTOR agrees and acknowledges that it is its obligation to determine whether, and to
what extent, any work performed is or any workers employed relative to any construction to be
performed under this Agreement are subject to any Codes, Ordinances, Resolutions, Rules and
other Regulations and established policies of CITY and the laws of the State of California and the
United States, including, without limitation, the California Labor Code and Public Contract Code
relating to public contracting and prevailing wage requirements ("Prevailing Wage Laws"). To
the extent Prevailing Wage Laws apply to work performed or workers employed for the purpose
of performing work under this Agreement, CONTRACTOR shall fully comply with and ensure that
all workers and/or subcontractors are informed of and comply with all Prevailing Wage Laws
and specifically any applicable requirement of California Labor Code Sections 1720 et seq. and
1770 et seq. and the regulations thereunder, which require the payment of prevailing wage
rates based on labor classification, as determined by the State of California, and the
performance of other requirements on certain "public works" or "maintenance" projects. It is
the duty of CONTRACTOR to post a copy of applicable prevailing wages at the job site. Prevailing
wage information may be obtained at www.dir.ca.Rov.
5-
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Packet Pg. 63 Attachment: LSCE Contract (4018 : First Amendment to Luhdorff & Scalmanini Consulting Engineers)
EXHIBIT "B"
SCOPE OF SERVICES
4835-2267-0361v1
LAC\04706083 -1-
7.6.b
Packet Pg. 64 Attachment: LSCE Contract (4018 : First Amendment to Luhdorff & Scalmanini Consulting Engineers)
CITY OF GILROY
SCOPE OF WORK
July 18, 2019
LSCE has reviewed and understands the project as outlined in the City's RFP. The Scope of Work identified
in the tasks below addresses all the core objectives described in RFP. Claricationsand additions to the Scope of
Work have been made below per the Citls request after City review of LSCE's original proposal All revisions are show in
italicized textfor reference.
Task 1 - Project Coordination, Meetings, and Administration
Task 1.1- Kickoff and Information Request
LSCE's work on the project will begin with a kickoff meeting with City staff and key LSCE team members
to discuss the various aspects of the project. Items such as contact information, chain of command, the
City's project expectations, respective roles and responsibilities, schedule, design preferences and
parameters, and site constraints shall be discussed at the kick-off meeting. Following the meeting, LSCE
will provide the City with a list of requested information.
Task 1.2 - Project Coordination, Meetings, and Administration
Key LSCE team members will attend regular design meetings with the City to discuss various aspects of
the project. For each meeting, LSCE will prepare and distribute meeting agendas, minutes, and action
item summaries. LSCE will also provide frequent updates via email or telephone throughout the project
as needed. This task also provides for project management and administrative activities such as: (a)
Contractual Arrangements, (b) Ongoing Examination Regarding Adherence to The Scope, Budget, and
Schedule, (c) Coordination of Staff Resources (d) Internal Review of Work Products, (e) Management of
Subcontractors, (f) Billing Review, and (g) Scoping and Budgeting.
Task 2 - Property Acquisition and Permitting Assistance
Task 2.1- Property Acquisition
LSCE will communicate and work with the property owner to acquire the property with the assistance of
a licensed commercial land appraiser. This task includes the effort required to negotiate with the property
owner regarding the value and dimensions of the new property site for the new proposed pump station,
conducting of an independent appraisal of valuation of the approximately 14,450 sq. foot split lot area
boundary line locations provided by City) within the existing 53,925 sq. foot lot, provide right of way
acquisition for the new proposed site, and prepare a legal plat and description of the new parcel. LSCE
assumes the services of an attorney for litigation or legal support is not required for the transfer of
ownership of the property.
Task 2.2 — Permitting Assistance
Through our work on numerous projects in the past, LSCE has developed a good working relationship
with the State Water Resources Control Board — Division of Drinking Water (SWRCB-DDW) and other
regional permitting and regulatory entities in the area and can assist in expediting all necessary
applications and supporting permit documents in a cost-efficient manner. LSCE envisions the following
permitting activities will need to be undertaken to complete the project.
SWRCB-SWRCB-DDW Siting Concurrence: LSCE believes that early communications with SWRCB-
SWRCB-DDW is essential to address any concerns that the agency may have regarding well siting and
design before preparation of project plans and specifications. After approval of the well design by the
City, LSCE will prepare an initial SWRCB-DDW submittal document requesting siting and design
concurrence for the new well based on compliance with SWRCB-DDW and Department of Water
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Packet Pg. 65 Attachment: LSCE Contract (4018 : First Amendment to Luhdorff & Scalmanini Consulting Engineers)
Resources (DWR) regulations. The initial submittal will include a monitoring well profile, monitoring well
water quality summary, preliminary well design, site layout, location may, map indicating location and
distances of sanitary features from the proposed well location, delineation of wellhead control zone,
and the preliminary Drinking Water Source Assessment Protection (DWSAP) Report.
SWRCB-DDW Water Supply Amendment: LSCE will interact with the SWRCB-DDW and the City for
completion of a draft and final water supply permit. LSCE has completed numerous water supply permits
and fully understands the SWRCB-DDW process and required submittals. A draft water supply
amendment will be submitted to the SWRCB-DDW following construction of the production well. The draft
water supply amendment package typically includes submittal of the well datasheet, well driller's logs, well completion
report, well test data, DWSAP report, and Title 22 water quality results. Following final completion and acceptance
of the project, LSCE will assist the City with preparation of the final SWRCB-DDW amended water supply
permit which includes all documents from the draft watersupply amendment submittal and preparation of the permit
application, As -Built drawings, well pump specifications, bacteriological test results and a facility operations plan. The SWRCB-
DDW no longer charges a fee for filing of the watersupply amendment package.
CEQA: LSCE envisions the project may meet the requirements for a California Environmental Quality Act
CEQA) categorical exemption, however, LSCE is prepared to develop an Initial Study/Mitigated Negative
Declaration (IS/MND) with a "Notice of Completion". Mitigation measures will be incorporated into the
project to reduce potential environmental impacts. A draft Mitigation, Monitoring, and Reporting Plan
MMRP) will be prepared to ensure that each mitigation measure adopted as a condition of project
approval, will be implemented. LSCE anticipates significant archeological or biological impediments are
not present on or near the project site and therefore the Initial Study will only include a cursory review
of the site biological resources and cultural resources and not require a full reporting and assessment
effort.
Other Permitting Activities: LSCE will contact applicable agencies as needed to establish permitting
requirements and prepare all permit documentation required by the Santa Clara Valley Habitat Agency
SCVHA), Santa Clara Valley Water District (SCVWD), South County Regional Wastewater Authority (SCRWA), Bay
Area Quality Management District (BAQMD), and Regional Water Quality Control Board (RWQCB). LSCE assumes the
general contractors assigned to construct the well and well pump station will pay all specific permitting fees required
City of Gilroy, County of Santa Clara, SCVWD, SCR WA, and R WQCB. LSCE assumes the City will pay the permit fees for
the BAQMD (estimated to be no more than $1,000).
Task 3 — Site Specific Investigation
Task 3.11nitial Site Assessment
Well Siting Review: LSCE will complete a thorough onsite inspection/assessment of the site. Specifically,
LSCE will evaluate the well site related to siting and constructability of the new well and with regards to
SWRCB-DDW setback distances from sanitary features and control zone requirements. Specificitems to be
assessed will include:
Site Size
Site Access
Minimum setback distances from sanitaryfeatures per DDW regulations Land
Use —Site and Vicinity Seasonal
Ground Conditions Location
Relative to Distribution System Location
Relative to Utilities Equipment
Layout Water
Supplyfor Drilling Fluids
Disposal Cuttings
Storage and Disposal
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Packet Pg. 66 Attachment: LSCE Contract (4018 : First Amendment to Luhdorff & Scalmanini Consulting Engineers)
Neighbors
Need forSound Attenuation
Safety/Security
Hydrogeologic Review: The goal of the hydrogeologic review is to determine probable yield, water
quality, the anticipated well depth, screen intervals, static and pumping water levels, specific capacity,
and water level impacts to nearby wells due to pumping of the new well. LSCE will collect, review, and utilize
available data and information to refine our conceptual hydrogeologic model of the Gilroy area to preliminarily
characterize site specific conditions (well depth, water quality, yield) at the well site. LSCE will utilize the following
sources of data and information to refine our understanding of the project area:
Well Construction Details, Water Quality, Water Levels, and Well Performance of City Wells and other wells
in the Vicinity of the Project Area
State of California Water Well Drillers Completion Reports
Santa Clara Valley Water District (SCVWD)
Reports Prepared for the City by Others
Hydrogeologic Reports Prepared by California Department of Water Resources (DWR), United States
Geological Survey (USGS), California Department of Oil and Gas, and Others
California State Water Resources Control Board, Division of Drinking Water (DDW)
Previous Work Completed by LSCE
Local Drilling and Pump Contractors
Evaluation of Potential Impacts to Groundwater Quality: LSCE will investigate possible sources of
groundwater contamination in the vicinity of the project site. LSCE will evaluate available information on
possible sources of contamination and use this information and other references to address source water protection
as required by the DWSAP program. LSCE will prepare a preliminary DWSAP document for the well site. LSCE will
review information from the following sources:
Santa Clara County Environmental Health Department
Geo Tracker
California Department of Toxic Substance Control (DTSC)
Environmental Data Resources, Inc. (EDR)
Sanborn Maps
Task 3.2 Test Hole and Monitoring Well
Task 3.2 will include test hole drilling and monitoring well installation. A test hole will be drilled to collect lithologic
samples for analysis, and to conduct down hole geophysical surveys that will be used to design the new production
well. The preliminary test hole depth will be based on the information developed as part of Task 3.1.
LSCE will provide subcontracted test hole drilling services from a licensed drilling contractor and will oversee the work
to ensure that it is performed in accordance with our stringent specifications and high expectations. LSCE will require
that the drilling contractor contains all fluids and cuttings generated by drilling operations and properly dispose of
those materials at an appropriate facility.
LSCE will provide documentation and sampling services during the drilling process including a drilling log, geological
samples at a minimum of 10foot intervals, geophysical (electric) logs, and sieve (grain size) analysis. If the nature,
depth, and thickness of aquifer materials from the test hole are favorable, LSCE will recommend converting the test
hole to a multiple -completion monitoring well. A typical monitoring well may include up to three, 2-inch diameter
polyvinyl chloride (PVC) piezometers, completed in different zones. The screen section(s) of each piezometer will be
isolated from one another using intermediate bentonite seals allowing for discrete water level measurements and
water quality sampling. LSCE will oversee the construction and development of the monitoring wells. After
development of the monitoring wells, LSCE will mobilize a sampling rig and collect water samples from each
piezometer and submit to a state certified laboratory for Title 22 Drinking Water analysis. and other constituents of
7.6.b
Packet Pg. 67 Attachment: LSCE Contract (4018 : First Amendment to Luhdorff & Scalmanini Consulting Engineers)
concern in the area.
Task 3.3 Well Design Recommendation Report
LSCE will prepare and deliver to the City an Investigation Summary and Preliminary Well Designs report that will
summarize the findings of the site assessment and site characterization work performed as part of Tasks 3.1. The
report will include:
A summary of all field activities associated with test hole drilling, monitoring well construction and
development, and water quality testing
A lithologic log based upon interpretation of collected lithologic samples and geophysical logs
Geophysical logs
Grain size distribution charts of selected formation samples
Monitoring well as -built diagram
Daily inspection sheets
A summary of water quality results and analytical reports
Copies of all project permits
Copy of Well Completion Report
LSCE will prepare preliminary production well designs based on data gathered during test hole and monitoring well
evaluation and our experience in the area. The principal design elements to achieve a hydraulically efficient and sand -
free well include:
Borehole and casing depths and diameters
Casing material type(s)
Screen placements
Screen type and material
Accessory pipe depth, material, and diameter
Casing and screen wall thickness
Gravel pack gradation
Screenslotsize
Seal depths
The report will include a drafted preliminary well design profile and conceptual site layout. The design elements of the
well design and yield estimation will be discussed in the report. An engineer's estimate for the construction and testing
of the well will be included in the report.
LSCE will meet with the City to discuss the results and findings of the test hole/monitoring well investigation and new
well design recommendations. LSCE will incorporate the City's design comments into the final well design.
Task 3.4 Siting Concurrence
After approval of the well design by the City, LSCE will prepare an initial SWRCB-DDW submittal
document requesting siting and design concurrence for the new well based on compliance with SWRCB-
DDW and DWR regulations. The initial submittal will include a preliminary well design, site layout,
location may, map indicating location and distances of sanitary features from the proposed well
location, delineation of wellhead control zone, and the preliminary DWSAP Report.
LSCE will prepare DDW submittals for the preliminary and final amended water supply permit under Task 5. The
preliminary water supply permit includes well design information, site plan, preliminary DWSAP, and CEQ4
documentation. The Final water supply permit submittal will include updates to the information from the preliminary
submittal in addition to the Operations Plan, well and chlorination data sheets, an engineering report, and final As -
Built diagrams.
Task 4 - Production Well Design and Construction
7.6.b
Packet Pg. 68 Attachment: LSCE Contract (4018 : First Amendment to Luhdorff & Scalmanini Consulting Engineers)
Task 4.1— Production Well Construction Specifications
LSCE will prepare specifications that will include detailed construction requirements that must be
followed by the well drilling contractor during every phase of the project, including the minimum
acceptable methods for drilling fluid control, well development and testing, and performance standards.
Other site -specific items will include requirements for containment and disposal of drill cuttings and
handling of discharge water during development and test pumping in accordance with applicable local,
state and federal regulations.
Task 4.1 also includes interaction with regulatory agencies such as DDW, the City of Gilroy, County of Santa Clara,
Santa Clara County Department of Environmental Health, and the SCVIND related to permitting for drilling,
construction, and testing of the new well. Permits and plans that are typically required for a well installation project
include drilling, discharge, water supply, encroachment permits, storm water pollution and prevention plan (SWPPP),
and traffic control plans.
LSCE will prepare a complete set of specifications (Special Provisions and Technical Specifications), drawings in
AutoCAD V10, and a bid sheet suitable for the solicitation of competitive bids. LSCE will provide a draft copy of the
specifications and plans to the City for review. Upon acceptance by the City, LSCE will provide the City with the final
specifications for incorporation with the City's front-end contract documents and forms for solicitation of bids. LSCE
assumes that the City will contract directly with the selected contractor for the construction and testing of the wells.
Task 4.2 — Production Well Construction Bidding Assistance
LSCE will provide the City with a list of at least three qualified drilling contractors to solicit bids from for the well
installation project. LSCE will conduct a mandatory pre -bid conference for prospective contractors with the
City and LSCE project managers present. LSCE will prepare any required written clarifications and/or
addendums to clarifythe scope for bidding purposes.
LSCE will review and tabulate all formal bids to ensure responsiveness with the contract requirements. A
thorough background check on qualifications and references will be conducted on the lowest responsible bidder and
the findings of thatreview will be discussed with the City. LSCE will prepare a formal summary of the bid review
and a recommendation for award to the lowest responsible bidder.
Task 4.3 — Well Construction and Testing Oversight Services
As part of our inspection and oversight duties, LSCE will verify that all aspects of the project are carried out as set forth
in the project specifications and according to accepted well drilling practices. LSCE will notify the contractor regarding
lack of compliance with the project specifications or accepted water well drilling practices and, as the City's agent, will
identify corrective measures to be implemented. LSCE will immediately stop work on the project if there are any
safety, property damage, or permit violation concerns. LSCE will document all aspects of the project, including
inspection items, calculations, and communications with the contractor and other involved parties. LSCE will provide
frequent updates to the City via email, phone, and in person, if requested in addition to regular weekly updates.
Pre -construction Conference: LSCE will conduct a preconstruction meeting to address any final logistical
questions and confirm the Contractors understanding of the project requirements before operations
begin.
Well Location Verification: LSCE will verify the location of the planned well before drilling commences.
Mobilization/Site Preparation Inspection: LSCE will ensure that the contractor is set up per
specifications and has all the required equipment/materials onsite before drilling operations begin.
Conductor Casing: LSCE will witness conductor/surface casing installation and grouting operations
Borehole Construction: LSCE will monitor drilling operations and drilling fluid control to insure minimal
7.6.b
Packet Pg. 69 Attachment: LSCE Contract (4018 : First Amendment to Luhdorff & Scalmanini Consulting Engineers)
formation damage.
Materials Inspection: LSCE will inspect and verify that all materials are as specified and in good
condition.
Casing Installation: LSCE will witness borehole conditioning and casing assembly installation.
Gravel and Annular Seal Placement: LSCE will inspect gravel and seal(s) installation and estimate final
quantities to be installed.
Well Development and Discharge Monitoring: LSCE will witness initial well development techniques
with the drilling rig, final development of the well by pumping, and compliance with all discharge
requirements.
Well Testing: LSCE will witness acceptance tests for minimum sand production and maximum well
efficiency, monitor well pump tests, and evaluate well performance in order to develop pump design
criteria.
Video Inspection, Plumbness and Alignment Testing, Well Disinfection: LSCE will witness video,
plumbness and alignment testing, and final well disinfection.
Cleanup: LSCE will verify contractor's compliance with site cleanup and well security requirements.
Payment and Acceptance: LSCE will review all invoices for accuracy and make recommendations for
payment and for final acceptance.
Well Construction Summary Report: LSCE will prepare two bound copies of a Well Construction and
Testing Summary Report.
Task 5- Pump Station Design and Construction
Task 5.1— Preliminary Pump Station Design Activities
LSCE will meet with and conduct a site visit with City personnel to discuss the overall pump station
project design requirements, construction concepts, and site constraints at both pump station sites. The
primary goal of the site visit is to discuss design elements needed to serve the new facilities including,
new water supply connections, storm drain pump -to -waste (overboard) operations, building sewer,
electrical service, radio communications, access controls, etc.
Task 5.2 — Obtain Survey Basemap and Geotechnical Investigation
Completion of a topographic survey basemap in ACAD format will be needed for the project site. The
basemap will be used for preliminary layout of the pump station that in turn will be used for preparing
the final bidding plans. LSCE will also solicit the services of a geotechnical sub consultant to perform
geotechnical exploration and preparation of a geotechnical engineering report required to develop the
project design drawings/specifications.
Task 5.3 —Pump Station Design and Construction Specifications
This task covers the scope of work required to prepare the engineering plans and technical specifications
for the project, consisting of a well pump and motor, motor control center, discharge piping, chemical
treatment systems, standby diesel generator, instrumentation, electrical control panels, SCADA
communication, CMU block building to house the above ground components onsite and other required
site improvements. The design will also address all other site modifications and improvements including
grading, drainage, paving, fencing, painting, etc. The design will be completed at 30%, 65% and 100%
stages and an Engineer's Estimate of project construction costs will be prepared with each design phase.
7.6.b
Packet Pg. 70 Attachment: LSCE Contract (4018 : First Amendment to Luhdorff & Scalmanini Consulting Engineers)
After review of each design phase by the City, LSCE will prepare the complete set of plans and
specifications for the subsequent design stage, incorporating any comments received from the City in
the previous design review.
Task 5.4 — Pump Station Bidding Assistance
LSCE will provide a list of a minimum of five (5) general and specialty contractors who may be interested
in bidding on this project, for the City's review and approval. LSCE assumes the City will prepare and
distribute advertisements for bids in newspaper, Builders Exchanges, and other media. LSCE will assist
the City with preparing any required written clarifications and/or addendums to clarify the scope for
bidding purposes.
Task 5.5 — Pump Station Construction and Commissioning
LSCE's approach to providing construction support services involves a close relationship with
construction timing, schedule, progress and administrative processes so as to not delay progress. LSCE
will act on behalf of the City and work in close coordination with the City's assigned project manager.
LSCE assumes the scope of construction period services include the following:
Pre -Construction Meeting: LSCE will hold a pre -construction conference to discuss the baseline schedule
and the procedure for construction progress, RFls, status of submittals, and any miscellaneous items
throughout construction. A formal agenda and meeting minutes documenting the status of the
construction meetings will be prepared.
Construction Staking: LSCE will coordinate with the surveyorto provide the Contractorwith an initial set of
construction staking for the well and pump station site, including building corners for both sites. LSCE
assumes no more than 2 site visits are required by the surveyor for construction staking.
Submittal Review: LSCE will complete the review and transmittal of technical submittals provided by the
general contractor. A submittal spreadsheet log will be maintained for use in tracking and documenting
submittal review.' SGE ^ e than 49 a-brxiVcJ.o rgi11 Reed +^ he Fed approved Requests
for Information: During the construction period, the general contractor will ask questions on details
of the contract, substitutions, and alternative approaches that are best answered by the designer.
LSCE will review questions and provide written clarifications. SCE uccurNoc na-merc than 15 Change
Order Assistance: LSCE will assist in the preparation of any necessary field instructions and change
orders. Anticipated assignments may include: preparing requests to the general contractor for proposals
for extra or changed work; review of contractor requests for change order to determine if work
proposed is considered extra work; opinion of probable construction cost; and, review and negotiation
of cost estimates. L-Sr-ii -Re mara "n 5 change erdeF-q V.411 .,o,,,1 W be On -
site Inspections: LSCE will provide scheduled on -site milestone inspections including special inspections
for electrical, structural and mechanical components. LSCE will prepare an inspection report for
each site -visit indicating the date and times, people on -site, material delivered, work completed, and corrections
noted. LSCE assumes the following milestone inspections will be required which include: Civil/
Mechanical Engineer Support (6 site visits) Furnish
an engineer for field observation of station layout/grading; pedestal construction and well
pump installation; station piping/valving installations; transducer installation; utility service lines/
conduits and ventilation system construction; chemical feed equipment installations; and other
site improvements. Structural
En,pineer Support (4 site visits) Furnish
an engineer for field observation of construction of pump station building components
7.6.b
Packet Pg. 71 Attachment: LSCE Contract (4018 : First Amendment to Luhdorff & Scalmanini Consulting Engineers)
including the rebar for the concrete slab, CAPIU wall, and roof trusses for the pump station
building.
Geotechnical Engineerinq Services (6 site visits)
The work will include observation of major excavations, grading, and fill areas to confirm that
material encountered is consistent with assumptions developed during the design. Observe and
advise field staff on unusual, questionable, or unanticipated soil conditions. Perform
compaction testing of earthwork for pad/footing subgrade and utility trench backfill
operations, and concrete breaktesting.
Electrical Enqineerinq Support (4 site visits)
Inspection of conduit routing, equipment anchorage, control and distribution panel
configuration and electrical switchgear will be performed. Also included in this task will be to
inspect the electrical for "green tagging" for power company electrical service connection.
Startup/Commissioning (4 site visits): LSCE will oversee and be responsible for the approval of the
contractor's startup and commissioning activities for a fully functioning and operable facility, including
all equipment acceptance testing, communications and programming, and close-out permitting
requirements. This process will involve coordinating the general contractor, sub -contractors, systems
integrator, equipment manufacturers, City staff and regulatory agencies. A preliminary site inspection
will be conducted during startup/testing & commissioning of the pump station, in which LSCE will
prepare list of incomplete construction items (punch list) for the general contractor to complete prior to
final acceptance of the project by the City. Hydraulic performance acceptance testing will also be
conducted to ensure the completed down hole pump assemblies at both sites operate as warranted by
the equipment manufacturer and to ensure the pump station is operating at the flow rates, pressures
and efficiencies for which the entire facility was designed.
As -Built Drawings. At the end of the construction phase of the project, LSCE will modify the project drawings into a set
of project Record Drawings based on field changes and red line markups from the general contractor and LSCE
construction managementstaff. Record Drawings and Operation & Maintenance manuals will be provided to the City
after they have been reviewed and approved by LSCE and the City. Digital copies of the record drawings and technical
specifications will be provided for City records.
7.6.b
Packet Pg. 72 Attachment: LSCE Contract (4018 : First Amendment to Luhdorff & Scalmanini Consulting Engineers)
EXHIBIT "C"
MILESTONE SCHEDULE
4835-2267-0361 v1
LAC104706083
7.6.b
Packet Pg. 73 Attachment: LSCE Contract (4018 : First Amendment to Luhdorff & Scalmanini Consulting Engineers)
EXHIBITC- MILESTONE SCHEDULE City Dl Gilroy McCarthy Well Project
re 1-112/2019)
10 ITmkN..e iDuratipn Nun !Finish 15119 1)/19 18/19 19/19 130/19111/19112/1911/20 12/2013/20 14/2015/20 16/2017/20 18120 19/20 110/20111/20112/2011/21 12/2113/21 14/2115/21 16/2117/21
Pro, —Due 1100 PM1 Iday fin/19 6/7/19 6/7"
3 SeleNon of Cpnsulnnt ltlay ]/3/. ]/3/19 7/3
P • r :idli J6.i: ild:a51
5 Netice tp Pmceed !day ]0/1/19 SO/1/19 10/1
6 Prplect gkknlf Meeting Ltlay 10/B/]9 10/8/19 10/8
g CEOA Investlptlpn CwM 10/9/te 11/5/19
9 Eletltlnl5ervice 80Pgaatlpn ewkt I/e/eo 3/3/2o I
10 Prep,,D.ft Wate ppty—RDocuments 3wks 1/21/. 2/18/2e I will
lI Complete Final Water Supply Permit 3wks 7/5/21 7/23121
13 Sile Rssessmenl iw4s 10/9/19 10/22/19
l4 Pmperty Rc9uit— 4wks 10/9/19 St/5/l9
l5 Nytlrogedpgiclnvettlgatlon — I1/6/19 12/31/19
lfi GepRNninl MvesOgatlpn 4wks 1t/fi/l9 12/3/19
17 5unW, — 11/6/19 12/3/19 I
10
r
Well Design Recommendation Report w 1/1/20 1/20/20 I
21 UN Review d Design Recommendation&Meeting w 1/29/20 2/Ie/20
2w s 3/19/20 3/3/20
eld Pedatl gentling with {itl Award) 3wks 3/4/20 3/24/20
i5 UN Review, CpnVavorinsunnce,-d, rnn[ntt 3 moos 3/25/20 6/I6/20 I
26 N-e to Proceed 1 tlay 6117/20 6/1]/m I 6/1T
2B well CpnsWalpn 0.._--•Er13/l0 all/Ll
r' i..ui° •' 21.4g uJij" I GL1L'L
Prepantlon p130%Oesiga sPea.451va and Cea FstimaR s5n3n We/19 t17M 1
32 UryRevlew of 30%0esign &Meelin{ 3wks 1/0/20 1/20/20
33 Prepantlpn pl65%Design, 5pedfintlons, and Cast Fstlmate 4wks 1/29/W 2/15/20
34 GWRevlewof65%0esi8n&MeeVn{ 3wks 2/26/20 3/17/20
35 Prep—d-pf100 —191, Speciilnlions•and Cost EAimate Iwks 3112120 3/31/20
36 UryRevlew o11009F Design&Meetlng 3wks 8/13/20 9/2/20
37 PrepanUan o101d Set 0esign. Spev6nllons, and Con Enimale 2wks 9/3. 9/16/20
muzus
Pedod (ending with BM 4wardl w4s3mons 9/17/M 10/14/20 I
Cary peview, [entrattorimunnce, bends• —1— 10/15/20 t/6/M i
41 Iilc t. PI—d 1day 1/7/21 1/7/21
0 a:
4 Gndine; Formwork and Compaction fiwks 1/8/21 2/18/21
4 Sub{-d..er, Smrm, Sewer• and Flec 1Work ewks 118121 314/21 I
46 Fpunda0 —Slab fiwks 3/5/11 4/15/21
47 MU Bulltling 2— 4/16/21 4/29/21
40 ci- Palnlin&and Sile lmpnvemenV 6— 4/30/21 6/10/21 I
49 Pu,'.. .- 2— 4130/21 5/13/21 I
50 M[C Ins1311a1ion 6wks 4130/21 eit=t I
12 1.a p, CommVVodn&and Pu.6iai 3wM 6/11/21 110, I
53 final Pralect Meeting/ loner of 8cceptana 1day 7/2/21 7/2/21 I
luhrlprn 6
sSu[ ontni
l e/21
1
1
I
I
7.6.b
Packet Pg. 74 Attachment: LSCE Contract (4018 : First Amendment to Luhdorff & Scalmanini Consulting Engineers)
EXHIBIT "D"
PAYMENT SCHEDULE
4835-2267-0361v1
LACk04706083
7.6.b
Packet Pg. 75 Attachment: LSCE Contract (4018 : First Amendment to Luhdorff & Scalmanini Consulting Engineers)
EXHIBIT D- PAYMENT SCHEDULE AND HOURLY RATES
LSCE's estimated cost to complete the scope of work outlined in our proposal was based on our
understanding of the project and what would be typically expected to complete the tasks described
based on our prior experience. The cost estimate assumed the following:
The City will provide daily inspection services during construction of the well
pump station and LSCE will provide milestone inspections as identified in the
workplan.
Prevailing wage rates for applicable work for LSCE personnel and subcontractors
SWPPP is not required as the planned project will disturb less than 1 acre.
LSCE will retain the test hole driller and pay for monitoring well Title 22 water
quality analysis.
General Conditions, Supplemental General Conditions, and other "front
end" specifications will be prepared by City staff.
Design documents will conform to the City's standards.
The City will pay all permitting fees.
Exhibit D includes detailed estimated project costs that includes hours per LSCE work tasks and
subtasks, billing rate by employee classification, estimated subcontracted costs, and miscellaneous
expenses. LSCE will invoice monthly on a time and materials basis as incurred for labor, materials, and
subcontracted services in accordance with our 2019 Schedule of Fees for Engineering and Field Services.
LSCE's 2019 Labor Fees shall remain in effect forthe full contract period (project completion).
7.6.b
Packet Pg. 76 Attachment: LSCE Contract (4018 : First Amendment to Luhdorff & Scalmanini Consulting Engineers)
EXHIBIT D - PAYMENT SCHEDULE AND HOURLY RATES
Client
Project
CIty of oy
McCarthyarthyWell Pump StaBanProject Estimated Costs for Design and Construction of Luhdorff LSCE
No. Est.
By 19.
5-060 JC,
SL City
of Gilroy - McCarthy Well Pump Station Scalmanini Date
6172019 Consulting
Engineers Principal
Supervising Project Stan
William
Merkel Staff
Professional Elecnlcal Power NorthSl., Hanna Brunetti AutoCAO
Clerical Associates ENOEO
Valbrldge Roadrunner Drilling CLS (Water Test
Hole l Direct Expenses Professional
Professional Professional Professional (Prevailing Systems (Electrical) Consulting (CEQAI (Surveying) Geotaehnieal) (Appraiser) Quality) Task
I Oescrlotion Task
1 -Project Coordination, Meetings, and Administrati Tnk
Howa Task
1.1 - Kickoff and Took
Cod Information
Request ob.
d Espa.an Sub
Con.ulbni eubToh
Task
1.2-Project Teak
Hours Tsakcosl
Coordination,
Meetings, olnol&son... and
Administration sub c.nmibnl BubTobfTask
2 -Property Acqulsltlon and Permlding Assistance Wage) (
Structural)
Monitoring Well, 200 $
170 $140 $167 $130 S75 Incurred' Incurred' Incurred' incurred* Incurred' IncurredIncurred' Incurred' Incurred Summary 2,
400 ...,, .,._
Z' _.. 2.
522..
0 50.,._.. 336 50, R 15E1 - I 8.430 160 $160
I I
SO U M. ..$
22401..
o .....
s0 4l 0
B,SB
56 S1.
680-...
55.600 30.. I 9,
820
486 $4B0
SO 10,
300
Total Task
Cost Estimate $18,890 T.ak
Houn 0 8) 0 0 0 y, Taek 2.
1-Pro party T..k
cost 0 1.60G 0 SO SO SO 0 Acqulsltlon Espcored.
n.
mn
Sub
Comulbnl
9ubTabl a
Took
Hours
8 1' 40 78 0 0 0 Task 2.
2- Per mitting Task con
1.680 3.2001 6.800 510:920 s0 01 s0 Assistance ou.'
tE.uns.. flub Dons.
banl I Su .
lal
Task 3 -
Site Specific Investigation Took Hourg
10 0 12 16 0 9 Task 3.
1-Initial Site I Task Cml 2.100 0 2.040 2.240 0 Sri 1d Assessment I
1 Sub ...
ul I Sub C.mbnl 1 SubTaal
Took Hour.
17 0 8 19 120^ Q Taek 3.
2-Test Hole and I Took Cost 2.520 0 1.360 2.240 20.040 C SO Monitoring Well
I Olr.
d a.pem.s Sub Con.
ulbnl SubT.bf
1 I Tad
it.un -- 9 0 12 1d 0 Task 3.
7-Weil Design 1 To. co.l 1.680 Sd 2'040 1,400 s0 Recommendation Report
I oir.d Exp.rrsag oualde Servlc.
I, I 6ubTobf
1 Took
Hour 11 0 s 8
0
pg d Task 3.
4-S[tin g 1 Task co.f 2.520 s0 680 1, 120 0 f(1 R300 --- Concurrence 1
I
DOW
Eapan.
us Cubid. S. ...
1 6.
bT.bl I r Task 4-
Production Well Design and Construction I T..
N Hour. Task 4.
1- Production Wall l Taak Cosi $1. Construction Dbad
Espana, Specifications sub
C.-Its. l SubTobl Took
Hourg
Task 4.
2-Production Well Ta.k cool $2. Construction Bidding
Ur."Espana., Assistance sub
Can.ue.nl eubTolal Took
H.-
Task 4.
3 -Well Tmkcul $5. Construction and
Testing oboct Won... Oversight Services
sub Conoulbnl Sul,Tobl
Task 5-
Pump Station Design and Construction To.), Hour
Task 5.
1-Preliminary Took co' Pump Station
Design Dire., Exp.ns.' Activities Sub
C.neulbnl 6ubTobl Taak
How.
Task 5.
2-Obtain Survey Tusk cod BasemaIS and
Dhm Esp.n.es Geotechnlcal Investigation
sub Coneulbnl SubT.b1
Took Hour.
Task 5.
3-Pump Station Tusk coal Design and
Construction I oir.ot Esp.ns.. Specifications I
Sub C.-Itonl I 6ubTobl
Task Hour,
Task 6.
4-Pump Station C.l Bidding Assistance
obulEok I
Sub
Cansulbn SubT.bl
T.4
Hour' Task 5.
5-Pump Station I Tu.k C.el Construction and
I Dbect al)-n... Commissioning I
sub C.n..lbrd I SubTehl
3„450 $
4.800 8.050 9,65014222.
600
250 250
37.927
37.927 560,777
Total Task
Cost Estimate 570,427 38 6,
380
160 150
0 6,
540k15626.
1Go
2,400
2.400 1100001 $4.
000 114,000 142.5603055.
120
0 S01
28
4,
620
r - a
B 0
680 $0
12 0
520 $d
12 2
040
10 51.
700
8 51.
120
0 SO
01
0
OI SO
I o
n
0 $0
0 S0
0
24
0
040 $0
32 5.
440
40 5,
600
200 33.
400
0 Sn
s0
4.
620TotalTask
Cost Estimate $16.260 4.840
0 1SOs4,84020s16d
4,
220
160 0
4,
380
I 296
49.480
1 2,
40d I 52,400 4,000
4,000 5518:1
Total Task
Cost Estimate 1.5.100 o 90
14,070
100 so
s1a,
nD
I 12
1,840
0 515.
52
24.725 I 28,565 372 55,
580
450 47.
600
103,630
701 10.
490
160 so
10,
650
352 55,
920
300 37.
653
93.873
Total 'ask
Cost Estimate 248.886 1750 281.
170
2713955 7.
020
4 24
0 I 48 08404,
80d 0 6.720 s0 R1..iAl1 415f1 jII d 0
I -
0 0
0
8 o Boo so
so so 1,040 so i9200 Bit B7
0
125 0 19,(7 1 1,680 17,
300 SO 517,500 s0 si If 6 S90 836 100 S11
FOfI 0 20 0
32 0 1 0 54.000
SO 4A80 s0 R1.Sf 4h'R 8 1,580
92
48 0
1F 8 0 S4 $18.
400 $8.160 $22 400 fi8n _ Sfinn 10398 Tobl LSCE
Hours
134 291 178 T.al LSCE
Cost 28.14 58, 100 530.260 $81. SUMMARY I Tobl
subcouuMam Coel I DI-t E.p.nu. Tobl Reprotludlon Cos
Sub -Consultant and
Service Provider fees Include LSCE's 15 h markup. 415.1Bn $37
aT s19 32,200 45o 160 4,
600 $
110,
000 $8,000 7.020 Total
Cost Estimate $
562,145
7.6.b
Packet Pg. 77 Attachment: LSCE Contract (4018 : First Amendment to Luhdorff & Scalmanini Consulting Engineers)
Luhdorff & Scalmanini
Consulting Engineers
500 FIRST STREET WOODLAND, CALIFORNIA 95695
SCHED ULE OF FEES - ENGINEERING AND FIELD SERVICES
2019
Professional:
Senior Principal
Principal Professional
Su ervising Professional
Senior Professional
Project Professional
Project Professional —Prevailing Wage
Staff Professional
Staff professional —Prevailing Wage
Technical:
Engineering Inspector
ACAD Drafting/GIS
Engineering Assistant
Scientist
Technician
Clerical Support:
Word Processing, Clerical
Digital Communications Specialist
Project Admin/Accounting Assistant
Vehicle Use
Subsistence
Groundwater Sampling Equipment
Includes Operator)
Copies
Professional or Technical Testimony
Technical Overtime (if required)
Outside Services/Rentals
Services by Associate Firms
Engineer, Geologist, Hydrogeologist, and Hydrologist
215/hr.
210/hr.
200/hr.
187/hr.
145 to 170/hr.
177hr.
130 to 140/hr.
165 hr.
130/hr.
130/hr.
100 to 120/hr.
100 to 120/hr.
100 to 120/hr.
75/hr.
90/hr.
90/hr.
0.58/mi.
Cost Plus 15%
170.00/hr.
20 ea.
200% of Regular Rates
150% of Regular Rates
Cost Plats 15%
Cost Plats 15%
7.6.b
Packet Pg. 78 Attachment: LSCE Contract (4018 : First Amendment to Luhdorff & Scalmanini Consulting Engineers)
E LBCvw1 CALL.
P01WEIR
SYSTEMS INC.
PwcwfWwm1cbnam1 anni# =o nnsulting
01n=tr1c;a1 !_ng1rr4mr1ng
PROFESSIONAL RATE SCHEDULE
Expert Research Testimony and Depositions ------------------------------------------------------------------------------- $325.00 per hour
Principal Electrical Engineer -------------------------------------------------------------------------------------------------------- $235.00 per hour
Professional Engineer ----------------------------------------------------------------------------------------------------------------- $200.00 per hour
E.I.T------------------------------------------------------------------------------------------------------------------------------------------- $180.00 per hour
Field Tech./Designer/IT Programmer --------------------------------------------------------------------------------------------- $160.00 per hour
Cad/Drafting Technician -------------------------------------------------------------------------------------------------------------- $122.00 per hour
Clerical--------------------------------------------------------------------------------------------------------------------------------------- $ 85.00 per hour
1.0) RATES ARE FIXED AND VALID THROUGH JUNE 2022.
THANK YOU AND IF YOU HAVE ANY QUESTIONS, PLEASE CALL.
ELECTRICAL POWER SYSTEMS, INC.
JOSEPH P. PREVENDAR. P.E.. PRESIDENT
GARY R. OLSEN. P.E.. VP OF POWER/GENERATION
7.6.b
Packet Pg. 79 Attachment: LSCE Contract (4018 : First Amendment to Luhdorff & Scalmanini Consulting Engineers)
Jt WILLIAM MERKEL ASSOCIATES STRUCTURAL ENGINEERING
2804 FULTON AVE. - SACRAMENTO, CA 95821 - (916) 461-1962 • FAx (916) 481-016f • WMASEOPACBELL.NET
THE CURRENT BILLING RATES FOR ENGINEERING SERVICES FOR WILLIAM MERKEL
ASSOCIATES ARE AS FOLLOWS:
Principle Time 290.00
Structural Engineering 260.00
Civil Engineering 1 190.00
Civil Engineering 11 160.00
Drafting 1 130.00
Drafting 2 100.00
Clerical Time 65.00
All rates shall be locked in through June 2022.
Printing, copies, travel, and any submittal fees are billed at 15% over cost in addition to the
base rates for engineering services rendered.
Job billings will be billed once a month with a total breakdown of fees/hours included.
Payment is due in full for each invoice upon receipt. 1 1 /2 % per month interest will be charged
on all overdue accounts.
7.6.b
Packet Pg. 80 Attachment: LSCE Contract (4018 : First Amendment to Luhdorff & Scalmanini Consulting Engineers)
HANNA-BRUNETTI
EST. 1910
CIVIL ENGINEERS • LAND SURVEYORS
CONSTRUCTION MANAGERS
CITY OF GILROY — MCCARTHY WELL PROJECT
PROFESSIONAL SERVICES HOURLY FEE SCHEDULE
OFFICE AND PROFESSIONAL
Principal Engineer
Associate Enoineer/Project Manager
Proiect Engineer
S u rvevor
Design Engineer
Assistant Survevor
Junior Civil Engineer
Technician
Inspector
Draftsperson
Clerical
Witness — Per Deposition Appearance
Witness — Per Court Appearance
FIELD
One -Person Survev Crew
Two -Person Survev Crew
Three -Person Survev Crew
190.00
170.00
155.00
165.00
135.00
130.00
115.00
115.00
127.00
110.00
74.00
Minimum 4-hour increments
Minimum 4-hour increments
Rates are locked in and valid through the estimated project completion date of June 2022
200.00
235.00
280.00
7651 Eigleberry Street 408-842-2173
Gilroy, CA 95020-5122 Fax 842-3662
Email:engineering@hannabrunetti.com
7.6.b
Packet Pg. 81 Attachment: LSCE Contract (4018 : First Amendment to Luhdorff & Scalmanini Consulting Engineers)
GEOTECHNICAL
ENG::O ENVIRONMENTAL
WATE-R RESOURCES
CONSTRUCTION SERVICES
Expect Excellence — -- — - - ----- -----
PREFERRED CLIENT FEE SCHEDULE
PROFESSIONAL SERVICES
President........................................................................................................................................ $380.00 per hour
Principal Engineer/Geologist/Seismologist................................................................................... $290.00 per hour
Associate Engineer/Geologist/Seismologist................................................................................. $245.00 per hour
Senior Engineer/Geologist/Seismologist...................................................................................... $215.00 per hour
Project Engineer/Geologist/Seismologist..................................................................................... $195.00 per hour
Environmental Scientist................................................................................................................. $180.00 per hour
Staff Engineer/Geologist/Seismologist......................................................................................... $174.00 per hour
AssistantEngineer......................................................................................................................... $140.00 per hour
Construction Services Manager.................................................................................................... $170.00 per hour*
Senior Field Representative II....................................................................................................... $150.00 per hour*/'E*
Senior Field Representative I........................................................................................................ $135.00 per hour*/**
Field Representative...................................................................................................................... $125.00 per hour*/**
Environmental Technician............................................................................................................. $130.00 per hour*/**
Senior Laboratory Technician....................................................................................................... $155.00 per hour
Laboratory Technician................................................................................................................... $140.00 per hour
SeniorCAD Specialist................................................................................................................... $145.00 per hour
CADSpecialist............................................................................................................................... $135.00 per hour
GISAnalyst.................................................................................................................................... $150.00 per hour
NetworkAdministrator................................................................................................................... $195.00 per hour
ProjectAssistant............................................................................................................................ $118.00 per hour
Two-hour minimum portal to portal.
OVERTIME RATES: Rates increased by factor of 1.5 for all hours worked in excess of eight (8) Monday through Friday, and
the first eight (8) hours worked on Saturday. Rates increased by factor of 2.0 for all hours worked in excess of twelve (12)
Monday through Friday, all hours worked in excess of eight (8) on Saturday and all hours worked on Sunday and holidays.
For Prevailing Wage projects, increase the hourly rate by $15.
Rates increased by factor of 1.25 for night shift hours (hours commencing after 4:00 p.m. or before 4:00 a.m.); rates
increased by factor of 1.875 (an additional factor of 1.5) for all night shift hours in excess of eight (8).
wmv.engeo.com
7.6.b
Packet Pg. 82 Attachment: LSCE Contract (4018 : First Amendment to Luhdorff & Scalmanini Consulting Engineers)
EQUIPMENT AND MATERIALS CHARGES
Air Content Meter 7.00 hour
Bailers (Disposable) 8.00 each
Concrete Crack Monitor 20.00 each
Coring Machine 25.00 hour
Double -Ring Infiltrometer 40.00 hour
Electronic Water Level Indicator 5.00 hour
Engineering Analysis Software 28.00 hour
Equipment Transport(er) 100.00 hour
Exploration Equipment (Percussion Penetrometer) 50.00 hour
Floor Flatness/Floor Level Equipment 20.00 hour
Generator 15.00 hour
GIS Website Portal Maintenance 100.00 month
GPR/GPS Handheld Device 10.00 hour
GPR/GPS/Drone Survey Grade Equipment 175.00 hour
Hand Auger and Soil Sampler 15.00 hour
Hydraulic Pull -Test Equipment 25.00 hour
Interface Probe 2.00 hour
Magnetic Particle Test Equipment 25.00 hour
Moisture Content Test Equipment 6.00 hour
Multi -Parameter Water Meter 15.00 hour
pH Meter/Turbidity Meter 10.00 hour
Photo Ionization Detector 15.00 hour
Pachometer 100.00 hour
Sampling Tubes 10.00 each
Sand Cone Equipment and Material 5.00 hour
Schmidt Hammer 20.00 hour
Seisometer 50.00 hour
Skidmore Wilhelm Bolt Tension Calib. 40.00 hour
Slope Inclinometer/Settlement Indicator/VW Readout 50.00 hour
Torque Wrench 15.00 hour
Transfer Pump 3.00 hour
Ultrasonic Equipment 50.00 hour
Vapor Emission Test Kit 40.00 kit
Vector Conversion 60.00 conversion
Vehicle, mileage, nuclear gauge, misc. equipment, wireless
communication
27.00 hour
Vehicle, mileage, misc. equipment, wireless communication 18.00 hour
Vibration Monitor 1800.00 month
Water Sampling Pumps 20.00 hour
Bridge Toll actual actual
Mileage 78 mile
Parking actual actual
AutoCAD, Civil 3D, GIS, Drone Data Processing 25.00 hour
Photocopies Black & White 0.25 each
Photocopies Color 11 x 17 1.50 each
Photocopies Color 8'/z x 11 1.00 each
Plot - Black & White 3.00 square foot
Plot - Color 4.00 square foot
Postage actual actual
Scan - Black & White 1.50 each
Scan - Color 3.75 each
Telephone 0.50 minute
www.engeo.com
7.6.b
Packet Pg. 83 Attachment: LSCE Contract (4018 : First Amendment to Luhdorff & Scalmanini Consulting Engineers)
NORTHSTAR, l ...
Designing Solutions
STANDARD HOURLY RATES
Environmental/Planning/GIS
Principal Planner
Senior Biologist/Environmental Scientist/Planner/GIS Analyst
Associate Biologist/Environmental Scientist/Planner/GIS Technician
Assistant Biologist/Environmental Scientist/Planner
Hourly Rates for the City of Gilroy Potable Water Well Project are in effect for the
duration of the project through 2022.
Hourlv Rate*
160.00
135.00
115.00
95.00
7.6.b
Packet Pg. 84 Attachment: LSCE Contract (4018 : First Amendment to Luhdorff & Scalmanini Consulting Engineers)
Jason Coleman
July 12, 2019
Page 2 of 7
We will provide you with an electronic file (PDF) of the appraisal report. Upon request, we will furnish
you with two bound copies.
Our fee for this appraisal will be $4,000. The amount of $2,000 is due in advance, as a deposit.
Our fee includes two hours of phone calls for Q&A related to the appraisal. Any additional work will
be billed based on our hourly rates at $260 for Laura Hulberg, $360 for myself, Josh Fronen and $155
for analysts.
You may send the deposit by check or, if preferred, wired to the following account. Please be sure the
payment includes a reference to the address of the property to be appraised.
If by Check:
Valbridge Property Advisors
55 South Market Street, Suite 1210
San Jose, CA 95113-1207
Attn: Claudia Romero
If by Wire:
Bank of Marin
180 Grand Avenue, Suite 1545
Oakland, CA 94612
Routing Number: 121141877
Account Number: 21797874
The estimated completion date of the appraisal is August 9, 2019. This date assumes that we will
receive written authorization to proceed by July 11, (please return this letter by email) the deposit by
July 15, and that the relevant information needed for the appraisal will be received from our client on
a timely basis.
In order to appraise this property, please provide the information listed on page 4, as applicable.
Valbridge Property Advisors I Northern California
7.6.b
Packet Pg. 85 Attachment: LSCE Contract (4018 : First Amendment to Luhdorff & Scalmanini Consulting Engineers)
City of Gilroy
STAFF REPORT
Agenda Item Title: Approve Proposed Tentative Map to Divide 778 First Street
Into Two Parcels
Meeting Date: November 7, 2022
From: Jimmy Forbis, City Administrator
Department: Community Development Department
Submitted By: Sharon Goei, Community Development Director
Prepared By: Jon Biggs, Special Assistant to City Administration
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 a Tentative Map to subdivide the property located at 778
First Street into two parcels (APN: 808-12-035 & 808-12-036) (File Number TM 22-04).
EXECUTIVE SUMMARY
The applicant proposes to subdivide an approximately 75 square-foot lot at 778 First
Street into two lots having approximately 55,191 and 20,291 square feet respectively.
The site contains an existing building and a new building under construction, along with
other site improvements. The subdivision is proposed to create separate parcels for the
existing and new buildings.
9.1
Packet Pg. 86
POLICY DISCUSSION
The subdivision of this lot requires the approval of a tentative map by the City Council
upon the recommendation of the Planning Commission. The site has a General Plan
land use designation of Mixed-Use Corridor and a Zoning designation of C-3, Shopping
Center Commercial. The resulting parcels comply with the site standards of the General
Plan and Zoning designations.
BACKGROUND
Planning Commission Recommendation: On October 6, 2022, the Planning
Commission reviewed the project, and by unanimous vote of all members present,
recommended approval of the proposed Tentative Map to the City Council.
Environmental Assessment: The proposed subdivision is exempt from further
environmental review and qualifies for the State CEQA Guidelines Class 15 Exemption,
Minor Land Divisions, because the proposed subdivision results in less than four
parcels, is in conformance with the City’s General Plan and Zoning, seeks no
exceptions or variances, and all services and access to the resulting parcels is
available.
ANALYSIS
Project Description: The applicant, Craig Filice representing Castlewood Corner LLC,
is seeking approval of a Tentative Map Application, TM 22 -04, that will subdivide an
approximately 75,482 square foot lot at 778 First Street into two lots having
approximately 55,191 and 20,291 square feet respectively. There are an existing
building and a building under construction on the site along with other site
improvements; however, no new construction beyond these is proposed. There are two
Assessor Parcels that make up the subject site, Assessor Parcel Numbers 808-12-035
& 808-12-036.
The proposed property line that will create the two separate lots is located roughly down
the middle of the site access drive aisle that leads from the driveway apron fronting on
First Street. A condition of approval requires that the owner formalize reciprocal
easements between the proposed parcels to assure that access to each of the sites and
parking spaces is maintained and available into the future.
General Plan Consistency: The City's General Plan designates the subject site as
Mixed Use Corridor (MU), which supports the mix of uses on the site. This designation
encourages a mix of retail, office, and high-density residential uses. Although there are
no residential units on the current and proposed sites, it adjo ins a residential
development along the southern property line (the existing drive aisle accessed from
First Street provides alternate emergency access to these residential units) and there
are more residential units within walking distance of the project site. The proposed
division of the site does not impact the ability of the mix of uses on the site to continue.
9.1
Packet Pg. 87
As such, the proposal conforms to the following goals and policies of the General Plan:
General Plan Goal/Policy Consistency Analysis
LU 1.4 Mix of Uses Encourage a
diverse mix of land uses to achieve a
balance between jobs and housing,
to ensure the community’s long-term
viability, and to increase job
opportunities in the city to assist in
equalizing the jobs/housing balance.
The proposed subdivision helps preserve the
mix of uses on the project site and allows the
property owner flexibility in the future to quickly
address changing market circumstances.
LU 4.1 Clustering Commercial Uses
Encourage new commercial uses to
group into clustered areas or centers
containing professional offices, retail
sales and services.
The subdivision, although it creates separate
parcels, does maintain a cluster of commercial
uses of different types along the First Street
corridor.
LU 7.1 Mixed-Use Districts
Encourage mixed-use development
to locate within the Downtown and in
the First Street Mixed-Use District.
The proposed subdivision will help facilitate
mixed-use development on the site because it
provides flexibility to the property owner to
address market changes and preferences of
the future.
Goal EP 3 Maintain a supportive
business climate that increases the
City’s ability to support the
expansion of existing businesses
and attraction of new businesses.
The proposal supports the business climate by
providing flexibility for use of the site, which
can make it more responsive to market
conditions of the future.
Goal EP 5 Maintain and expand
Gilroy’s retail sector to meet local
and regional demands and generate
tax revenues for City operations.
The proposal allows for the expansion and
flexibility of retail establishments to meet local
and regional demand; thus, supporting the
generation of tax revenues for City operations.
Zoning Code Conformance: The proposed development is located in the C-3,
Shopping Center Commercial, zone district. There are no minimum lot sizes in this zone
district so the resulting lots of 55,191 square feet and 20,291 square feet respectively
will be in compliance. The proposal is a request to subdivide an existing developed site
and the buildings will be in conformance with the site development standards of the C -3
Zone District. The applicant is not requesting exceptions to any of the site development
standards of the C-3 Zone District.
Tentative Map Analysis: The parcel map has been evaluated against the following
criteria, which are used to ensure resulting lots can be developed in accordance with
zoning and development standards:
a) Flood Zone: The site is located in Flood Zone X, which is not a Special Flood
Hazard Area.
9.1
Packet Pg. 88
b) Site Layout: The site is developed with two buildings, one of which is under
construction, and various other improvements such as drive aisles, parking spaces,
landscaping, and utility improvements. No adjustments to the site layout are being
proposed with the requested tentative map. Access to the site is by way of
driveways that are on First Street and Wren Avenues.
c) Design and Size of Lots: The proposed parcels will have 55,191 square feet and
20,291 square feet respectively and are of sufficient size and ge ometry to
accommodate their buildings and other improvements.
d) Circulation: Each resulting parcel will have frontage on First Street and the corner
parcel will have frontage on Wren Avenue as well. Given the existing network of
drive aisles on the site, all the parcels can be accessed from First Street or Wren
Avenue.
e) Open Space: There are no open space requirements for parcels in this zoning
district and most of the existing and proposed parcels are dedicated to buildings,
drive aisles, and parking. However, the site is landscaped especially at the edges
of the parcel along their street frontages.
f) Improvements: The existing and proposed parcels are developed and full services
are and remain available.
g) Property Dedications and Easements: In order to maintain appropriate access
among the existing and resulting parcels, a condition of approval requiring the
dedication of reciprocal driveway ingress and egress between the parcels is being
recommended and included in the Resolution attached with this agenda report.
Public Comment: At its meeting on October 6, 2022, a member of the public raised
questions regarding how the proposed subdivision may affect existing and proposed
uses and the neighboring residential properties. The applicant’s representative
addressed these questions and noted this proposal simply divides an existing lot into
two, does not modify existing uses or structures, and the function or operation of the site
would continue as planned.
ALTERNATIVES
The City Council may 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
There is no fiscal impact associated with the adoption of the Resolution . The applicant
has paid the fees associated with the application.
9.1
Packet Pg. 89
CONCLUSION
The Planning Commission recommends that the City Council adopt a Resolution
approving a Tentative Map to subdivide the property located at 778 First Street into two
parcels (APN: 808-12-035 & 808-12-036) (File Number TM 22-04).
NEXT STEPS
Upon City Council approval, the Public Works Department Engineering Division would
complete the process of signing and recording the Parcel Map.
PUBLIC OUTREACH
On October 28, 2022, the project was published in the Gilroy Dispatch and on October
19, 2022, a notice of this City Council meeting was mailed to property owners within 500
feet of the subject site. In addition, the City Council public hearing packets are available
through the City's webpage.
Attachments:
1. Vicinity Map
2. Parcel Map
3. Planning Commission Staff Report
4. Planning Commission Resolution
5. Draft City Council Resolution
9.1
Packet Pg. 90
Note: Map is for reference purposes only.
City of Gilroy
3,920
City of Gilroy, GIS Services
653.3
1:NAD_1983_StatePlane_California_III_FIPS_0403_Feet
326.67 Feet653.30
LOCATION MAP - TM 22-04
9.1.a
Packet Pg. 91 Attachment: Vicinity Map (4048 : Proposed Tentative Map to Divide 778 First Street Into Two Parcels)
COMPACTCIVIL ENGINEERSLAND SURVEYORSCONSTRUCTION MANAGERSHANNA-B UNTTIEST. 19107651 EIGLEBERRY STREET GILROY 95020 CALIFORNIAOFFICE (408) 842-2173 FAX (408) 842-3662EMAIL: ENGINEERING @ HANNABRUNETTI.COM1Preliminary Parcel MapCastlewood Corner LLC - 770 First Street - apn 808-12-036NOT FOR CONSTRUCTIONPRELIMINARY PLANSTentative Parcel Mapfor840 & 778 First Streetapn 808-12-036, 035in theCity of GilroyPARCEL 1 ON 830 M 6PROPOSEDCOMMERCIALBUILDINGEXISTING COMMERCIALBUILDING TO REMAIN9.1.bPacket Pg. 92Attachment: Parcel Map (4048 : Proposed Tentative Map to Divide 778 First Street Into Two Parcels)
COMPACT
DRIVETHRUSTOPDRIVETHRUCIVIL ENGINEERSLAND SURVEYORSCONSTRUCTION MANAGERSHANNA-B UNTTIEST. 19107651 EIGLEBERRY STREET GILROY 95020 CALIFORNIAOFFICE (408) 842-2173 FAX (408) 842-3662EMAIL: ENGINEERING @ HANNABRUNETTI.COM2Existing ConditionsCastlewood Corner LLC - 770 First Street - apn 808-12-036NOT FOR CONSTRUCTIONPRELIMINARY PLANS9.1.bPacket Pg. 93Attachment: Parcel Map (4048 : Proposed Tentative Map to Divide 778 First Street Into Two Parcels)
9.1.c
Packet Pg. 94 Attachment: Planning Commission Staff Report (4048 : Proposed Tentative Map to Divide 778 First Street Into Two Parcels)
9.1.c
Packet Pg. 95 Attachment: Planning Commission Staff Report (4048 : Proposed Tentative Map to Divide 778 First Street Into Two Parcels)
9.1.c
Packet Pg. 96 Attachment: Planning Commission Staff Report (4048 : Proposed Tentative Map to Divide 778 First Street Into Two Parcels)
9.1.c
Packet Pg. 97 Attachment: Planning Commission Staff Report (4048 : Proposed Tentative Map to Divide 778 First Street Into Two Parcels)
9.1.c
Packet Pg. 98 Attachment: Planning Commission Staff Report (4048 : Proposed Tentative Map to Divide 778 First Street Into Two Parcels)
1
RESOLUTION NO. 2022-17
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GILROY
RECOMMENDING APPROVAL TO THE GILROY CITY COUNCIL OF A TENTATIVE MAP
FOR PROPERTY LOCATED AT 778 FIRST STREET INTO TWO PARCELS, APN’S: 808-12-035
& 808-12-036 (FILE NUMBER TM 22-04)
WHEREAS, On July 25, 2022 an application was filed by Craig Filice representing
Castlewood Corner LLC proposing the subdivision of a parcel at 778 First Street within the C-3,
Shopping Center Commercial zone district; and
WHEREAS, the application submittal was deemed complete on September 19, 2022; and
WHEREAS, proposed subdivision is exempt from further environmental review and qualifies
for the State CEQA Guidelines Class 15 Exemption, Minor Land Divisions, because the proposed
subdivision results in less than four parcels, is in conformance the City’s General Plan and Zoning,
seeks no exceptions or variances, and all services and access to the resulting parcels is available; and
WHEREAS, the Planning Commission held a duly noticed public meeting on October 6, 2022
at which time the Planning Commission received and considered the staff report as well as all
evidence received including written and oral public testimony related to the project; and
WHEREAS, the location and custodian of the documents or other materials which constitute
the record of proceedings upon which the project approval is based is the Community Development
Department, Planning Division.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Gilroy
hereby finds as follows:
FINDINGS
1. The proposed Tentative Map to subdivide an approximately 1.73 acre site into two (2)
new commercial lots is consistent with the intent of the goals and policies of the City's
General Plan and the uses anticipated within the General Plan Mixed Use Land
designation and City’s Zoning Ordinance and the City's Subdivision and Land
Development Code, and the State Subdivision Map Act in that the proposed subdivision
does not alter the existing mix of uses or make prohibitive a mix of commercial uses on
the resulting parcels.
2. The site is physically suitable for the type of development given that it is a level site that
is not in flood prone location does not have unique physical constraints and the size and
geometry of the property complies with all applicable codes and ordinances and there are
no exceptions to the site development standards of the C-3 Zone District.
DocuSign Envelope ID: A8ACBF75-3616-4098-B6D7-FDADEB6F2C82
9.1.d
Packet Pg. 99 Attachment: Planning Commission Resolution (4048 : Proposed Tentative Map to Divide 778 First Street Into Two Parcels)
Resolution No. 2022-17
Page 2
3. There will be no significant environmental impacts as a result of this project, which
qualifies for the State CEQA Guidelines Class 15 Exemption, Minor Land Divisions,
because the proposed subdivision results in less than four parcels, is in conformance the
City’s General Plan and Zoning, seeks no exceptions or variances, and all services and
access to the resulting parcels is available.
4. The design of the subdivision is not likely to cause serious public health problems given
that public utilities and infrastructure improvements to serve the proposed parcels are in
place as evidenced by the existing development on the site and the construction that is
taking place.
5. The design of the subdivision and existing improvements will not and do not conflict
with easements, acquired by the public at large, for access through or use of the property
within the proposed subdivision.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission of the
City of Gilroy hereby recommends to the Gilroy City Council approval of Tentative Map Application
No. TM 22-04, subject to the conditions attached hereto as Attachment A.
PASSED AND ADOPTED this 6th day of October by the following roll call vote:
AYES: Elle, Kushner, Leongardt, Lewis, Moreno
NOES: None
ABSENT: Bhandal
ATTEST: APPROVED:
_________________________________ __________________________________
Sharon Goei, Secretary Annedore Kushner, Vice Chair
DocuSign Envelope ID: A8ACBF75-3616-4098-B6D7-FDADEB6F2C82
9.1.d
Packet Pg. 100 Attachment: Planning Commission Resolution (4048 : Proposed Tentative Map to Divide 778 First Street Into Two Parcels)
Resolution No. 2022-17
Page 3
ATTACMENT A
778 FIRST STREET, TM 22-04
TENTATIVE MAP CONDITIONS OF APPROVAL
PLANNING DIVISION CONDITIONS
The following GENERAL conditions authorize specific terms of the project
ENTITLEMENT(S).
1. APPROVED PROJECT: The approval for Tentative Parcel Map TM 22-04 is granted
to subdivide a 75,482 square foot site into two (2) commercial parcels, located at 778
First Street (APN’s: 808-12-035 & 808-12-036) within the City of Gilroy C-3, Shopping
Center Commercial, zoning district as shown on the Tentative Parcel Map prepared by
Hanna and Brunetti, Civil Engineers and Land Surveyors for Castlewood Corner LLC,
consisting of two (2) sheets, dated June 2022 and received by the Planning Division on
July 25, 2022.
Any future adjustment or modification to the plans, including any changes made at time
of building permit 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. COMPLIANCE WITH CONDITIONS: If Developer, owner or tenant fails to comply
with any of the conditions of this permit, the Developer, owner or tenant shall be subject
to permit revocation or enforcement actions pursuant to the City Code. All costs
associated with any such actions shall be the responsibility of Developer, owner or tenant.
3. 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.
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.
DocuSign Envelope ID: A8ACBF75-3616-4098-B6D7-FDADEB6F2C82
9.1.d
Packet Pg. 101 Attachment: Planning Commission Resolution (4048 : Proposed Tentative Map to Divide 778 First Street Into Two Parcels)
Resolution No. 2022-17
Page 4
4. TENTATIVE MAP: An approved tentative parcel map, which shall expire twenty-four
(24) months from the approval date, may be extended pursuant to the provisions of the
Map Act.
5. 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.
ENGINEERING DIVISION CONDITIONS
6. DRIVEWAY ACCESS EASEMENT - The applicant or owner shall dedicate reciprocal
driveway ingress and egress easements. Said easements shall be approved by both affected
property owners. The easements shall be approved by the City Engineer, recorded with the
County Recorder’s Office, and a recorded copy of the document returned to the City prior
to any City permits. The easement may also be designated on any associated parcel or
subdivision map.
7. PARCEL MAP - It shall be the applicant's responsibility to have a parcel map, prepared
by a person authorized to practice land surveying in California, delineating all parcels
created or deleted and all changes in lot lines in conformance with the Gilroy Municipal
Code. The parcel map shall be approved by the Department of Public Works and recorded
with the County Recorder’s Office prior to the issuance of any City permits. A parcel map
guarantee shall be submitted to the City, by the applicant’s title company, prior to release
of the parcel map to the title company for recordation. Prior to the City’s release of the
parcel map to the title company, the applicant may, at the discretion of the City Engineer,
be required to submit to the City an electronic copy of the map in the AutoCAD Version
being used by the City at the time of recordation. It is the applicant's responsibility to
check with their title company and the County Recorder’s Office to determine the time
necessary to have the map recorded after City approval.
DocuSign Envelope ID: A8ACBF75-3616-4098-B6D7-FDADEB6F2C82
9.1.d
Packet Pg. 102 Attachment: Planning Commission Resolution (4048 : Proposed Tentative Map to Divide 778 First Street Into Two Parcels)
RESOLUTION NO. 2022-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING A TENTATIVE MAP TO SUBDIVIDE
THE PROPERTY LOCATED AT 778 FIRST STREET INTO
TWO PARCELS, APNS: 808-12-035 & 808-12-036 (FILE
NUMBER TM 22-04)
WHEREAS, On July 25, 2022, an application was filed by Craig Filice representing
Castlewood Corner LLC proposing the subdivision of a parcel at 778 First Street within the C-3,
Shopping Center Commercial zone district; and
WHEREAS, the application submittal was deemed complete on September 19, 2022; and
WHEREAS, the proposed subdivision is exempt from further environmental review and
qualifies for the State CEQA Guidelines Class 15 Exemption, Minor Land Divisions, because the
proposed subdivision results in less than four parcels, is in conformance with the City’s General Plan
and Zoning, seeks no exceptions or variances, and all services and access to the resulting parcels are
available; and
WHEREAS, the Planning Commission held a duly noticed public meeting on October 6,
2022, at which time the Planning Commission received and considered the staff report, as well as all
evidence, received including written and oral public testimony related to the project and whereas and
by unanimous vote of the members present recommended to the City Council approval of project
TM 22-04; and
WHEREAS, the City Council held a duly noticed public meeting on November 7, 2022,
received and considered the staff report, as well as all evidence, received including written and oral
public testimony related to the project TM 22-04; and
WHEREAS, the location and custodian of the documents or other materials which constitute
the record of proceedings upon which the project approval is based are at the City Clerk’s Office.
NOW, THEREFORE, BE IT RESOLVED that in order to deny the map, the City Council
of the City of Gilroy would have to make one of the seven listed findings described in Government
Code Section 66474 based upon substantial evidence in the record. The findings are listed below,
along with an explanation for each one as to why the Council cannot make the finding:
1. The proposed subdivision is not consistent with applicable general and specific plans as
specified in 65451.
This finding for denial cannot be made. The proposed Tentative Map to subdivide an
approximately 75,482 square foot lot into two (2) new commercial lots is consistent with the
intent of the goals and policies of the City's General Plan and the uses anticipated within the
General Plan Mixed Use Land designation and City’s Zoning Ordinance, the City's
Subdivision and Land Development Code, and the State Subdivision Map Act in that the
proposed subdivision does not alter the existing mix of uses or make prohibitive a mix of
commercial uses on the resulting parcels.
9.1.e
Packet Pg. 103 Attachment: Draft City Council Resolution (4048 : Proposed Tentative Map to Divide 778 First Street Into Two Parcels)
Resolution No. 2022-XX
Approval of TM 22-04; 778 First Street
City Council Regular Meeting | November 7, 2022
Page 2 of 5
2. That the design or improvement of the proposed subdivision is not consistent with the
applicable general plan.
This finding for denial cannot be made. The site development complies with all applicable
codes and ordinances and the 2040 General Plan Mixed Use land use designation.
3. That the site is not physically suitable for the type of development.
This finding for denial cannot be made. The site is physically suitable for the type of
development given that it is a level site that is not in a flood-prone location does not have
unique physical constraints and the size and geometry of the property comply with all
applicable codes and ordinances and there are no exceptions to the site development
standards of the C-3 Zone District.
4. That the site is not physically suitable for the proposed density of development.
This finding for denial cannot be made. The site is physically suitable for this type of
development because the resulting lot is proposed to accommodate existing development that
is consistent with the City Zoning Ordinance and the 2040 General Plan Mixed Use land use
designation.
5. That the design of the proposed subdivision TM 22-01 or the proposed improvements are
likely to cause substantial environmental damage or substantially and avoidably injure
fish or wildlife or their habitat.
This finding for denial 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. There will be no significant environmental impacts as
a result of this project, which qualifies for the State CEQA Guidelines Class 15 Exemption,
Minor Land Divisions, because the proposed subdivision results in less than four parcels, is
in conformance the City’s General Plan and Zoning, seeks no exceptions or variances, and
all services and access to the resulting parcels are available.
6. That the design of the subdivision or type of improvements is likely to cause serious public
health problems.
This finding for denial cannot be made. The design of the subdivision is not likely to cause
serious public health problems given that public utilities and infrastructure improvements to
serve the proposed parcels are in place as evidenced by the existing development on the site
and the construction that is taking place.
9.1.e
Packet Pg. 104 Attachment: Draft City Council Resolution (4048 : Proposed Tentative Map to Divide 778 First Street Into Two Parcels)
Resolution No. 2022-XX
Approval of TM 22-04; 778 First Street
City Council Regular Meeting | November 7, 2022
Page 3 of 5
7. That the design of the proposed subdivision 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 the 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 th rough or use of
property within the proposed subdivision.
This finding for denial cannot be made. The design of the subdivision and existing
improvements will not and do not conflict with easements, acquired by the public at large,
for access through or use of the property within the proposed subdivision.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City
of Gilroy hereby approves Tentative Map Application No. TM 22-04, subject to the conditions
attached hereto as Attachment A.
PASSED AND ADOPTED this 7th day of November 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
9.1.e
Packet Pg. 105 Attachment: Draft City Council Resolution (4048 : Proposed Tentative Map to Divide 778 First Street Into Two Parcels)
Resolution No. 2022-XX
Approval of TM 22-04; 778 First Street
City Council Regular Meeting | November 7, 2022
Page 4 of 5
ATTACHMENT A
TENTATIVE MAP CONDITIONS OF APPROVAL
778 FIRST STREET, TM 22-04
PLANNING DIVISION CONDITIONS
The following GENERAL conditions authorize specific terms of the project
ENTITLEMENT(S).
1. APPROVED PROJECT: The approval for Tentative Parcel Map TM 22-04 is granted to
subdivide a 75,482 square foot site into two (2) commercial parcels, located at 778 First
Street (APN’s: 808-12-035 & 808-12-036) within the City of Gilroy C-3, Shopping Center
Commercial, zoning district as shown on the Tentative Parcel Map prepared by Hanna and
Brunetti, Civil Engineers and Land Surveyors for Castlewood Corner LLC, consisting of two
(2) sheets, dated June 2022 and received by the Planning Division on July 25, 2022.
Any future adjustment or modification to the plans, including any changes made at time of
building permit 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. COMPLIANCE WITH CONDITIONS: If Developer, owner or tenant fails to comply
with any of the conditions of this permit, the Developer, owner or tenant shall be subject to
permit revocation or enforcement actions pursuant to the City Code. All costs associated
with any such actions shall be the responsibility of Developer, owner or tenant.
3. 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.
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.
4. TENTATIVE MAP: An approved tentative parcel map, which shall expire twenty-four (24)
9.1.e
Packet Pg. 106 Attachment: Draft City Council Resolution (4048 : Proposed Tentative Map to Divide 778 First Street Into Two Parcels)
Resolution No. 2022-XX
Approval of TM 22-04; 778 First Street
City Council Regular Meeting | November 7, 2022
Page 5 of 5
months from the approval date, may be extended pursuant to the provisions of the Map Act.
5. 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.
ENGINEERING CONDITIONS
6. DRIVEWAY ACCESS EASEMENT - The applicant or owner shall dedicate reciprocal
driveway ingress and egress easements. Said easements shall be approved by both affected
property owners. The easements shall be approved by the City Engineer, recorded with the
County Recorder’s Office, and a recorded copy of the document returned to the City prior to
any City permits. The easement may also be designated on any associated parcel or
subdivision map.
7. PARCEL MAP - It shall be the applicant's responsibility to have a parcel map, prepared by
a person authorized to practice land surveying in California, delineating all parcels created or
deleted and all changes in lot lines in conformance with the Gilroy Municipal Code. The
parcel map shall be approved by the Department of Public Works and recorded with the
County Recorder’s Office prior to the issuance of any City permits. A parcel map guarantee
shall be submitted to the City, by the applicant’s title company, prior to release of the parcel
map to the title company for recordation. Prior to the City’s release of the parcel map to the
title company, the applicant may, at the discretion of the City Engineer, be required to submit
to the City an electronic copy of the map in the AutoCAD Version being used by the City at
the time of recordation. It is the applicant's responsibility to check with their title company
and the County Recorder’s Office to determine the time necessary to have the map recorded
after City approval.
9.1.e
Packet Pg. 107 Attachment: Draft City Council Resolution (4048 : Proposed Tentative Map to Divide 778 First Street Into Two Parcels)
City of Gilroy
STAFF REPORT
Agenda Item Title: Annual Review and Adoption of the City's Investment
Policy
Meeting Date: November 7, 2022
From: Jimmy Forbis, City Administrator
Department: Finance Department
Submitted By: Bryce Atkins, Assistant to the City Administrator
Prepared By: Harjot Sangha, Finance Director
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 establishing the City’s updated Investment Policy.
BACKGROUND
Per California Code Section 53646(a) and the City’s Investment Policy, the City
Administrator shall annually render to the City Council a statement of investment policy
(Attachment 2), which shall be considered by the Council at a public meeting to ensure
its consistency with respect to the overall objectives of safety, liquidity, and yield.
Council last reviewed the policy in May 2020.
11.1
Packet Pg. 108
Per the City’s Investment Policy, temporarily idle or surplus funds of the City shall be
invested in accordance with principles of sound treasury management. The three basic
objectives of Gilroy's Investment Program are, in order of priority, (1) safety of invested
funds, (2) maintenance of sufficient liquidity to meet cash flow needs of the City; and (3)
attainment of the maximum yield possible consistent with the first two objectives.
The City's investment portfolio is structured to provide that sufficient funds from
investments are available every month to meet the City's anticipated cash needs.
Subject to the safety provisions outlined above, the choice in investment instruments
and maturities is based upon an analysis of anticipated cash needs, existing and
anticipated revenues, interest rate trends, and specific market opportunities. The
maximum maturity for investment instruments is five years from the date of purchase.
ANALYSIS
The City’s current investment strategy is conservative and passive, and the City’s idle
cash is primarily invested in the Local Agency Investment Fund (LAIF) which is a
program offered to local agencies to participate in a major portfolio managed by the
California State Controller with 2,385 participants and $29.5 billion in assets at the end
of September 2022. All securities purchased by the pool follow Government Code
Section 16430 and 14680.4.
Policy Updates
With this annual review of the investment policy, sta ff recommends updates to a few
sections to provide clarification and to align the policy with the current standards and
practice. Notable items include:
• Pooling of Funds – This section is added to clarify that the City currently pools its
available cash, excluding monies held by trustee or fiscal agent, from all funds for
investment purposes. Pooling allows the City to maximize investment earnings
and provides efficiencies with investment pricing, safekeeping, and overall
administration of the program.
• Benchmark/Performance Standard – This section determines the treasury bill
utilized as a benchmark for the portfolio. Currently the six (6) month treasury bill
is utilized as the benchmark. Staff recommends updating language to utilize the
treasury bill term that most closely corresponds to the City’s portfolio’s weighted
average effective maturity.
• Investment Standard – Updated to remove references to the “Prudent Man Rule”
and maintains the Prudent Investor Standard as the primary prudence as per the
California Government Code.
• Delegation of Authority – This section currently allows the City Council to
delegate the authority to the City Treasurer (Finance Director) for a one -year
11.1
Packet Pg. 109
period. To ensure continued compliance with the investment policy year-round
and as is the current practice, it is recommended the delegation be made one -
time, until revoked as opposed to a one-year period. The investment policy is
required to be reviewed and adopted annually by the City Council.
ALTERNATIVES
The City Council could approve or reject any of the proposed changes to the policy. The
Council could also direct staff to amend any of the other sections of the policy. The
current policy, with the proposed updates, provides adequate guidance for the City’s
investment program.
FISCAL IMPACT/FUNDING SOURCE
There is no fiscal impact to adopting the City’s General Investment Policy. Review and
update of the investment policy is an activity that is included in the Finance
Department’s annual and ongoing workplan.
Attachments:
1. Draft Resolution
2. Exhibit A: Investment Policy 2022
11.1
Packet Pg. 110
RESOLUTION NO. 2022-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY ADOPTING THE CITY’S INVESTMENT
POLICY
WHEREAS, the City has a responsibility to ensure it handles public funds appropriately;
and
WHEREAS, Section 53646 of the Government Code allows local agencies to annually
approve a Statement of Investment Policy which has been prepared by the chief fiscal officer of
such local agency; and
WHEREAS, the Investment Policy describes the investments the City can utilize in
compliance with California Government Code Section 53646 and good practice dictate that local
agencies prepare a written investment policy; and
WHEREAS, the City Council formally adopts the investment policy via a resolution that
promotes sound financial management practices designed to meet the City Council’s goals and
objectives; and
WHEREAS, the primary objective of the Investment Policy is to establish a conservative
set of investment criteria that will prudently protect the City’s assets, provide liquidity to meet the
City’s cash needs, and enable the City to generate a market rate of return from its investment
activities; and
WHEREAS, the City Council has reviewed the investment policy and delegates
investment authority to the City Treasurer pursuant to California Government Code Section 53607;
NOW, THEREFORE, the City Council of the City of Gilroy hereby adopts the amended
Investment Policy attached hereto as Exhibit A, a copy of which is on file at the City offices and
is available for inspection by the public.
11.1.a
Packet Pg. 111 Attachment: Draft Resolution (3996 : Annual Review & Update of the Investment Policy)
Resolution No. 2022-XX
Adoption of City’s Investment Policy
City Council Regular Meeting | November 7, 2022
Page 2 of 2
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Gilroy at
its meeting held on this 7th day of November 2022 by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
APPROVED:
Marie Blankley, Mayor
ATTEST:
_______________________
Thai Nam Pham, City Clerk
11.1.a
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- 1 -
INVESTMENT POLICY
fOr
CITY Of GILrOY
Revised: November 20221
I. STATEMENT OF OBJECTIVES
The purpose of this Investment Policy (“Policy”) is to identify elements that will foster a
prudent and systematic investment program that meet the City of Gilroy’s objectives
through a diversified investment portfolio. This policy also serves to organize and formalize
the City’s investment related activities, while complying with all applicable statutes
governing the investment of public funds.
Temporarily idle or surplus funds of the City of Gilroy shall be invested in accordance with
principles of sound treasury management and in accordance with the provisions of
California Government Code Sections 53600, et seq., the Municipal Code, guidelines
established by the California Municipal Treasurer's Association and the California Society
of Municipal Finance Officers, and this Investment Policy. ("Policy").
A. Overall Risk Profile
The three basic objectives of Gilroy's Investment Program are, in order of priority:
1. Safety of invested funds;
2. Maintenance of sufficient liquidity to meet cash flow needs of the City; and
3. Attainment of the maximum yield possible consistent with the first two objectives.
The achievement of these objectives shall be accomplished in the manner described
below:
1. Safety of Invested Funds
The City shall ensure the safety of its invested idle funds by limiting credit and
interest rate risks. Credit risk is the risk of loss due to the failure of the security
issuer or backer. Interest rate risk is the risk that the market value portfolio
securities will fall due to an increase in general interest rates.
a. Credit risk will be mitigated by:
i. Limiting investments to the safest types of securities as outlined in this
policy;
ii. By prequalifying the financial institutions with which it will do business; and
iii. By diversifying the investment portfolio so that the failure of any one issuer
or backer will not place an undue financial burden on the City.
b. Interest rate risk will be mitigated by:
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i. Maintaining adequate sums in 30 day or less funds.
ii. Structuring the City's portfolio so that securities mature to meet the City's
cash requirements for ongoing operations, thereby avoiding the need to sell
securities on the open market prior to their maturation to meet those specific
needs; and
c. The physical security or safekeeping of the City's investments is also an
important element of safety. Detailed safekeeping requirements are defined in
Section III of this Policy.
2. Liquidity
The City’s investment portfolio shall be structured in a manner which strives to
achieve that securities mature at the same time as cash is needed to meet anticipated
demands (static liquidity). Additionally, since all possible cash demands cannot be
anticipated, the portfolio should consist largely of securities with active secondary or
resale markets (dynamic liquidity).
Funds equal to 20% of the total annual expenditure budget less any capital
expenditures for which bond proceeds are available, less internal service fund
charges and less Trust and Agency fund expenditures, as first adopted for each fiscal
year, shall be invested in the California State LAIF or other 30 day or less securities
for call requirements. However, this provision shall not require the sale of any
investment due solely to the adoption of a new budget, or amendment to a budget,
which would have the effect of increasing the dollar amount needed to maintain this
20% requirement in 30 day or less funds. At such time that the 30 day or less funds
falls below 20% of the annual expenditure budget, the City Treasurer, within 30
days, will notify the Investment Committee with a proposed action plan. The City
Council will be subsequently notified of the action taken. The specific percentage
mix of different investment instruments and maturities is described in Section II of
this Policy.
3. Yield
Yield on the City's investment portfolio is of secondary importance compared to the
safety and liquidity objectives described above. Investments are limited to relatively
low risk securities in anticipation of earning a fair return relative to the risk being
assumed. While it may occasionally be necessary or strategically prudent of the City
to sell a security prior to maturity to either meet unanticipated cash needs or to
restructure the portfolio, this Policy specifically prohibits trading securities for the
sole purpose of speculating on the future direction of interest rates.
B. Time Frame for Investment Decisions
The City's investment portfolio shall be structured to provide that sufficient funds from
investments are available every month to meet the City's anticipated cash needs. Subject
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to the safety provisions outlined above, the choice in investment instruments and
maturities shall be based upon an analysis of anticipated cash needs, existing and
anticipated revenues, interest rate trends, and specific market opportunities. No
investment should have a maturity of more than five (5) years from its date of purchase
without receiving City Council approval within the prior 90 days.
The City will consolidate cash and reserve balances from all funds to maximize
investment earnings and to increase efficiencies with regard to investment pricing,
safekeeping and administration. Investment income will be allocated to the various funds
based on their respective participation and in accordance with generally accepted
accounting principles.
C.D. Definition of Idle or Surplus Funds
Idle or surplus funds for the purpose of this Policy are all City funds which are available
for investment at any one time, including the estimated checking account float,
excepting those minimum balances required by the City's banks to compensate them for
the cost of banking services. This Policy also applies to the idle or surplus funds
included in the general fund, special revenue funds, debt service funds, capital projects
funds, enterprise funds, internal service funds, trust/agency funds and of other entities
for which the City of Gilroy personnel provide financial management services.
D.E. Applicability of Policy
This policy does not apply to:
1. The City's Deferred Compensation Plan, the investments in which are directed by the
participating employees; and
2. Monies held by a trustee or fiscal agent and pledged to the payment or security of
bonds or other indebtedness, or obligations under agreements, of a local agency, or
certificates of participation in such bonds, indebtedness or agreements, the
investment of which may be in accordance with the statutory provisions governing
the issuance of those bonds, indebtedness or agreements, or to the extent not
inconsistent therewith, or if there are no specific statutory provisions, in accordance
with the ordinance, resolution, indenture or agreement of the local agency providing
for the issuance.
3. Monies held in a Section 115 trust for Post-Employment Benefits Trust (the
“Program”) for the purpose of pre-funding pension obligations and/or OPEB
obligations. Investment of such section 115 trust/s are directed by the separate
Investment Guidelines Document (IGD) as approved by the Plan Sponsor.
3.
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11.1.b
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- 4 -
E.F. Benchmark and Performance Standards
1. The investment portfolio shall be designed to attain a market-average rate
of return throughout budgetary and economic cycles, taking into account the
City’s risk constraints, the cash flow needs, and state and local laws. The
performance of the investment portfolio shall be compared to the average yield
on the U.S. Treasury bill that most closely corresponds to the investment
portfolio’s weighted average effective maturity.City's investment strategy is
passive. Given this strategy, the portfolio is expected to meet or exceed the six
(6) month treasury bill.
1. The investment portfolio shall be designed with the objective of obtaining a rate of
return commensurate with risk constraints and cash flow needs.
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numbering
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11.1.b
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- 5 -
II. INVESTMENTS
This section of the Investment Policy identifies policies, types of investments, and related
matters pertaining to instruments in which the City will invest its idle funds.
A. Investment Standards
The City of Gilroy operates its temporary pooled idle cash investments under the
Prudent Man Rule, California Probate Code Section 16040(b) 1, the Prudent Investor
Standard, California Government Code, Section 53600.3 21, and with additional
guidance from the provisions of the Uniform Prudent Investor Act, California Probate
Code Section 16045, et seq 32. This affords the City a broad spectrum of investment
opportunities as long as the investment is deemed prudent and is allowable under current
legislation of the State of California (Government Code Section 53600, et seq).
B. Eligible Securities
Subject to the Prudent Man Rule, the Prudent Investor Standard and other applicable
laws and regulations, this policy permits investment in the following:
• Insured Certificates of Deposit (CD's) of California banks and/or savings and loan
associations, and/or savings with a Superior or Excellent ranking of 165 or more as
provided by IDC Financial Publishing Inc. or similar rating publication) which mature in
five (5) years or less, provided that the City's investments shall not exceed Two Hundred
Fifty Thousand Dollars ($250,000.00) per institution. If the investment exceeds the
insured $250,000.00, the funds are to be collateralized at 110% of the deposit in
government securities or 150% in mortgages. (limited to 15% of the portfolio)
1The Prudent Man Rule states, in essence, that "in investing . . . property for the benefit of another, a trustee
shall exercise the judgment and care, under the circumstances then prevailing, which men of prudence, discretion,
and intelligence exercise in the management of their own affairs . . ."
12Governing bodies of local agencies (e.g., a City Council) or persons authorized to make investment
decisions on behalf of those local agencies investing public funds pursuant to this chapter are trustees and therefore
fiduciaries subject to the prudent investor standard. When investing, reinvesting, purchasing, acquiring, exchanging,
selling, and managing public funds, a trustee shall act with care, skill, prudence, and diligence under the
circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated
needs of the agency, that a prudent person acting in a like capacity and familiarity with those matters would use in
the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity
needs of the agency. Within the limitations of this section and considering individual investments as part to an
overall strategy, a trustee is authorized to acquire investments as authorized by law.
23The standard of care for trustees investing and managing trust assets is the Prudent Investor Standard
and takes into consideration the purposes, terms, distribution requirements and other circumstances of the trust, and
in satisfying this standard, the trustee is required to exercise reasonable care, skill, and caution in light of the facts
and circumstances existing at the time of a trustee's decision or action.
11.1.b
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- 6 -
□• Local Agency Investment Fund (State Pool) Demand Deposits
□• Securities of the U.S. Government, or its agencies
□• Negotiable Certificates of Deposit (NCDs) placed with federal and state savings
and loan associations and federal and state chartered banks with an office in the
State of California. (limited to 15% of the portfolio)
□• Bankers Acceptances (limited to 15% of the portfolio)
□• Commercial paper (limited to 10% of the portfolio)
□• Passbook Savings or Money Market Demand Deposits
□• Securities or bonds purchased under a prior investment policy, which may or may
not meet the standards of this policy. (Such securities or bonds may be held or sold
under this Policy but additional purchases shall not be made.)
□• Money Market Mutual Fund (with $1.00 net asset value and which invests only in
instruments allowed under Government Code Section 53600, et seq.) - (limited to
5% of the portfolio)
C. Investments Deemed Not Appropriate at this Time
The City of Gilroy Investment Policy does not permit investment in the following
instruments or securities:
□• Corporate bonds or stocks
□• Repurchase agreements or reverse repurchase agreements
□• Interest only or principal only strips
□• Certificates of Deposit issued by institutions not operating within California
□• Inverse floaters and range notes
□• Financial futures or financial option contracts
□• Securities lending or leveraging any portion of the portfolio
D. Collateralization Requirements
Uninsured Time Deposits with banks and savings and loans shall be collateralized in the
manner prescribed by law for depositories accepting municipal investment funds.
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11.1.b
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E. Preformatted Wire Transfers
Wherever possible, the City will use preformatted wire transfers to restrict the transfer of
funds to preauthorized accounts only. When transferring funds to an account not
previously approved, the bank is required to call back a second employee for
confirmation that the transfer is authorized.
F. Qualification of Brokers, Dealers and Financial Institutions
The City Treasurer shall investigate brokers and dealers who wish to do business with
the City to determine if they are adequately capitalized, have any pending legal actions
against the firm or the individual broker, and that they market securities appropriate to
the City's needs.
The City shall annually send a copy of the current edition of the Policy to all institutions
and broker/dealers which are approved to handle City of Gilroy investments. Receipt of
the Policy, including confirmation that it has been received by persons handling the
City's accounts, shall be acknowledged in writing within thirty (30) days.
G. Diversification
The portfolio should consist of a prudent mix of various types of securities, issues and
maturities.
H. Confirmation
Receipts for confirmation of purchase or sale of authorized securities should be received
by the City Treasurer within five (5) days and include the following information: trade
date, par value, rate, price, yield, settlement date, description of securities purchased,
agency's name, net amount due, third party custodial information. These are minimum
information requirements.
I. Internal Controls
Investment duties shall be separated by having at least three persons perform the
following functions for any particular investment: the recordation of investments and
disbursements, confirmation receipts, the preparation of Treasurer's reports, wire
transfers, bank reconciliations and treasury reconciliations. An independent analysis by
the external auditor shall be conducted annually to screen internal control, account
activity, including verification of all securities, and compliance with policies and
procedures.
J. Interest Earnings
All interest earned on investments authorized by this Policy shall be allocated quarterly
to all City funds based on the positive cash balances in each fund as a percentage of the
11.1.b
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entire pooled portfolio. The interest allocated to those funds not legally required to have
interest allocated shall be transferred to Fund 400, Capital Projects Fund.
III. SAFEKEEPING OF SECURITIES
A. Safekeeping Agreement
The City shall contract with a bank or banks with federally insured deposits for the
safekeeping services through a third party custodial agreement, (California Government
Code Section 53601)34 which includes delivery versus payment provisions, for
securities which are owned by the City as part of its investment portfolio.
B. Handling of City-Owned Securities and Time Deposit Collateral
All securities owned by the City shall be held by the City or by its third- party
custodian, except the collateral for time deposits in banks, savings banks, and savings
and loan associations. The collateral for time deposits in banks and savings and loans
shall be held in a trust account in the City of Gilroy's name. Dealers or brokers shall not
hold any securities for the City. A broker is not an approved depository under
California Government Code Section 53630 45 and Section 53608 65
C. Security Transfers
The authorization to release City's securities will be telephoned to the appropriate
depository or custodian by a Finance Department member other than the person who
initiated the transaction. A written confirmation outlining the details for the transaction
and confirming the telephone instructions will be sent to the bank within five (5)
working days. A confirming notice documenting the transaction will be sent by the
bank to the City within five (5) working days of the transaction.
34Section 53601. Authorized Investments, circumstances. A local agency purchasing or obtaining any
security . . . shall require delivery of the securities to the local agency . . . by book entry, physical delivery or by
third party custodial agreement.
45Section 53630(c) allows state or national banks, state or federal savings banks or savings and loan
associations, state or federal credit unions and federally insured industrial loan companies as approved depositories.
56Section 53608. Deposit of securities; delegation of authority. The legislative body of a local agency may
deposit for safekeeping with a federal or state association, a trust company or a state or national bank located within
this state or with the Federal Reserve Bank of San Francisco or any branch thereof within this state, or with any
Federal Reserve Bank or with any state or national bank located in any city designated as a reserve city by the Board
of Governors of the Federal Reserve System, the bonds, notes, bills, debentures, obligations, certificates or
indebtedness, warrants, or other evidences of indebtedness in which the money of the local agency is invested
pursuant to this article or pursuant to other legislative authority. The local agency shall take from such financial
institution a receipt for securities so deposited. The authority of the legislative body to deposit for safekeeping may
be delegated by the legislative body to the treasurer of the local agency; the treasurer shall not be responsible for
securities delivered to and receipted for by a financial institution until they are withdrawn from the financial
institution by the treasurer.
11.1.b
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- 9 -
D. Verification of Security
Securities held by an agent of depository as collateral securing time deposits will be
verified in writing during the year by the City's independent auditors as part of the City's
annual independent audit. The City's independent auditors confirm the collateral
directly with the bank holding that collateral. Those securities held by that depository or
custodian as collateral are subject to audit by the bank's auditors.
IV. STRUCTURE AND RESPONSIBILITY
This section of the Policy defines the overall structure of the investment management
program.
A. Responsibilities of the Finance Department
The Finance Department, through its officers and representatives, is charged with the
responsibility for maintaining custody of all public funds and securities belonging to or
under the control of the City and for the deposit and investment of those funds in
accordance with principles of sound treasury management and in accordance with
applicable laws and ordinances.
B. Responsibilities and Ethics of the City Treasurer
1. Delegation of Authority
The authority to manage the City’s investment program is derived from the
California Government Code Section 53600, et seq, The City Council is responsible
for the management of the City’s funds, including the administration of this
investment policy. The authority of the City Council to invest or to reinvest funds,
or to sell or exchange securities so purchased, may be delegated for a one-year
periodis hereby delegated to the City Treasurer, who shall thereafter assume full
responsibility for those transactions until the delegation is revoked or expires and
shall make quarterly reports of those transactions to the City Council. (California
Government Code Section 53607).
Subject to review, the City Council may renew the delegation of authority each year.
2. Responsibilities
The City Treasurer is appointed by the City Administrator and is subject to his
direction and supervision. The City Treasurer is charged with the responsibility for
the purchase, sale, custody and investment of City funds, and the development of
procedures to implement this Investment Policy. In fulfilling his responsibilities, the
City Treasurer is subject to the Prudent Investor Standard and shall render reports
regarding compliance with the Investment Policy. The City Treasurer is further
responsible for the duties and subject to the powers imposed by and applicable to
City Treasurers under the general laws of the State of California.
11.1.b
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3. Ethical Conduct
The City Treasurer will demonstrate integrity in all public and personal
relationships, protect the public trust, and seek no favor or accept any personal gain
which would influence or appear to influence the conduct of the office of Treasurer.
C. Responsibilities of the City Administrator
The City Administrator is responsible for directing and supervising the City Treasurer.
He is responsible further to keep the City Council fully advised as to the financial
condition of the City and its compliance with this Policy.
D. Responsibilities of the City Council
The City Council shall consider and annually adopt a written investment policy. As
provided in that policy, the Council shall receive and review quarterly investment
reports and may annually delegate investment authority to the City Treasurer pursuant to
California Government Code Section 53607.
E. Responsibilities of the Investment Committee
There shall be an Investment Committee consisting of the City Administrator, City
Treasurer/Finance Director, and the Finance Manager. The committee shall meet
quarterly to discuss cash flow requirements, monthly and quarterly investment reports,
investment strategy, investment and banking procedures, significant investment related
work projects being undertaken in each department which will affect the cash flow
management of the City Treasurer and to review compliance with the investment
policies adopted by the City Council. This will require timely reports from the
department heads to the City Treasurer concerning significant future cash flow
requirements.
V. REPORTING
The City Treasurer shall prepare a quarterly investment report, including a succinct
management summary that provides a clear picture of the status of the current investment
portfolio and transactions made over the past quarter by month. This management summary
will be prepared in a manner which will allow the City Administrator and City Council to
ascertain whether investment activities during the reporting period are in conformance with
the City's Investment Policy.
The quarterly investment report will include the following:
A. A listing of individual securities held at the end of the reporting quarter showing the:
1. type of investment
2. institution
3. date of maturity
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4. amount of deposit or cost of the security
5. rate of return
B. Unrealized gain or loss resulting from appreciation or depreciation by listing the cost
and market value of securities over one year in duration.
C. Average yield of return on the City's investments.
D. Maturity aging for the investments.
E. Compliance of the investment portfolio with the Investment Policy.
F. A statement denoting the ability of the City to meet expenditure requirements for the
next six months.
VI. REVIEW OF INVESTMENT MANAGEMENT
A. Statement of Policy
As set forth in California Code Section 53646(a), the City Administrator shall annually
render to the City Council a statement of investment policy, which shall be considered
by the Council at a public meeting.
B. Policy Review
This Investment Policy shall be reviewed annually by the City Council at a public
meeting in accordance with state law to ensure its consistency with respect to the overall
objectives of safety, liquidity, and yield. Proposed amendments to the Policy shall be
prepared by the City Treasurer and after review by the Investment Committee shall be
forwarded to the City Council for consideration at a public meeting.
Any recommended modifications or amendments shall be presented to the City Council
for their consideration and adoption.
VII. AUTHORITY
This Policy was duly adopted by authority of the City Council of the City of Gilroy on the
1st day of July 2015 and was most recently re-adopted on November 71, 20221.
11.1.b
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City of Gilroy
STAFF REPORT
Agenda Item Title: Introduce an Ordinance Adopting by Reference the 2022
California Building Codes with Amendments, and Set a
Public Hearing on November 21, 2022, for Adoption of the
Ordinance
Meeting Date: November 7, 2022
From: Jimmy Forbis, City Administrator
Department: Community Development Department
Submitted By: Sharon Goei, Community Development Director
Prepared By: Hipolito Olmos, Building Official
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
1. Move to read the Ordinance by title only and waive the first reading beyond
the title.
2. Introduce an Ordinance amending Sections 6.1, 6.6, and 6.7 of Chapter 6 of
the Gilroy Municipal Code adopting by reference the 2022 California Building
Code, 2022 California Residential Code, 2022 California Electrical Code,
2022 California Mechanical Code, 2022 California Plumbing Code, 2022
California Energy Code, 2022 California Historical Building Code, 2022
California Existing Building Code, 2021 International Property Maintenance
Code, and 2021 International Swimming Pool and Spa Code, with
11.2
Packet Pg. 124
amendments.
3. Set a public hearing on November 21, 2022, for the adoption of the
Ordinance, pursuant to California Government Code Section 50022.3.
EXECUTIVE SUMMARY
Every three years, the California Building Standards Commission adopts new building
standards and publishes the California Building Standards Code, which governs the
design and construction of buildings and associated facilities and equipment throughout
California. In accordance with California Health and Safety Code, a city may establish
more restrictive building standards than those in the California Building Standards Code
if the city finds that local amendments are reasonably necessary because of local
climatic, geological, or topographical conditions. Staff recommends that the City Council
adopt the latest codes with local amendments to ensure that buildings and structures in
Gilroy will safeguard the public's health, safety, and general welfare.
POLICY DISCUSSION
This Ordinance adopts standardized codes and local amendments, fostering sound
governance to ensure health and safety.
BACKGROUND
Every three years, the International Codes (model codes) are updated, revised, and
published. Corresponding to the publishing of these model codes , the California
Building Standards Commission (CBSC) amends and adopts the model codes as the
California Building Standards Code.
Title 24 of the California Code of Regulations, also referred to as the California Building
Standards Code, governs the design and construction of buildings and associated
facilities and equipment throughout California. It is updated and published on a triennial
basis by the California Building Standards Commission by order of the California
legislature. This regular update is referred to as a “code cycle.” Each code cycle update
improves safety, sustainability, and resiliency, and incorporates new technology, design,
and construction methods. Throughout each code adoption cycle, amendments to the
codes are developed through an extensive public participation process. Gilroy staff
serves on two of the six Code Advisory Committees for the California Building
Standards Commission. In July 2022, the CBSC published the 2022 edition of the
California Building Standards Code, making this year a code adoption year.
The building regulations in the California Building Standards Code have the same force
of law and take effect 180 days after their publication. On January 1, 2023, the 2022
California Building Standards Code will become effective statewide. This 2022 Code
has prompted jurisdictions statewide to adopt the new code and complete local
amendments as necessary.
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In accordance with California Health and Safety Code, a city may establish more
restrictive building standards than those in the California Building Standards Code if the
city makes an express finding that each amendment is reasonably necessary because
of local climatic, geological, or topographical conditions.
ANALYSIS
As part of the triennial code adoption cycle, and pur suant to California Health and
Safety Code Sections 17958 and 18941.5, staff recommends that the City of Gilroy
adopt the 2022 California Building Standards Code. The parts of the 2022 California
Building Standards Code that are included in this proposed a doption ordinance are: The
California Building Code, Residential Code, Electrical Code, Mechanical Code,
Plumbing Code, Energy Code, Historical Building Code, and Existing Building Code.
In addition to the California codes, staff proposes adopting the Int ernational Property
Maintenance Code and Swimming Pool and Spa Code.
Staff also proposes several local amendments be adopted as part of the code adoption.
Staff participates in regional efforts in reviewing and developing local amendments. The
amendments along with the findings that support them are included in the proposed
ordinance. If approved, the Building Official will file a copy of this ordinance with the
California Building Standards Commission.
Building Code
The 2022 California Building Code is proposed to be adopted by reference. A close
examination of the current and prior California Building Code and Municipal Code was
performed. One set of amendments is made to the administrative portion to clarify that
fees will be assessed per the locally adopted comprehensive fee schedule and that the
plan review fees shall be paid at the time of submitting plans and before review. Another
set of amendments is to parallel the sprinkler system amendments to the Fire Code by
the Fire Prevention team. Another amendment is to require higher classification roof
covering for hillside construction to address a local climatic condition. Higher
classification roof covering is effective against higher fire -test exposure. The recent fire
danger in the hillside makes this local amendment important. Another amendment is
made to implement more stringent special inspection requirements for spread concrete
footings due to the expansive (clay) soils and seismic activity common to this geological
area. Another amendment is to implement more stringent foundation requirements,
again to address the expansive (clay) soils and seismic activity common to this
geological area. Provisions already addressed in the referenced codes are deleted. All
design methods, such as national standards and all materials allowed under the
California Building Code, are amended to be permitted in Gilroy.
Residential Code; Mechanical Code; Plumbing Code; Energy Code; Historical Building
Code; and Existing Building Code
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The Residential, Mechanical, Plumbing, Energy, Historical Building, and Existing
Building Codes are proposed to be adopted by reference in the ordinance.
Electrical Code
The 2022 California Electrical Code is proposed to be adopted by reference with three
local amendments. First, all new electrical services are required to be underground. As
some buildings in Gilroy are located in high-wind areas, amending the code to eliminate
overhead services that are inherently less safe in the event of disasters will provide a
higher level of safety. Second, amending the Electrical Code to require the disconnects
of electrical power for each building to be in a readily accessible location on the first
floor will provide a quicker means of finding the main power disconnects in a seismic,
fire, or another emergency event. Third, requiring grounding systems in new buildings to
be an electrode encased in concrete allows significantly higher assurances that the
grounding of the building's electrical system will not deteriorate and fail due to the acidic
and expansive properties of local soils. Providing equipment grounding conductors
enhances the capability of keeping electrical systems grounded, which is important in
high-amperage electrical services.
Property Maintenance Code and Swimming Pool and Spa Code
In addition to the California codes, the International Property Maintenance Code (IPMC)
and the International Swimming Pool and Spa Code (ISPSC) are proposed to be
included in the code adoption. Staff determined that the inclusion of the ISPSC is
needed and deemed appropriate as it contains more detailed provisions regarding the
plumbing and mechanical elements and is in line with the California Codes. The IPMC is
proposed to be adopted again and deemed needed and appropriate because the Gilroy
Municipal Code and the State's Health and Safety Code do not have the requirements
for property maintenance and housing habitability in the IPMC.
The California Green Building Standards Code is being adopted under a separate
ordinance due to the introduction of local amendments known as "reach codes" as part
of the adoption of these codes.
Adopting the new 2022 codes will ensure that buildings and structures in Gilroy will
safeguard the public's health, safety, and general welfare. Therefore, staff recommends
that the Council introduce the proposed ordinance adopting the new codes with
amendments and set a public hearing on November 21, 2022. This timeline will allow
notice of the public hearing to be published once a week for two successive weeks
pursuant to Government Code Section 6066. The new codes with any approved local
amendments will become effective on January 1, 2023.
ALTERNATIVES
The City Council may adopt the new codes without any of the amendments; adopt the
new codes with only a portion of the amendments; or adopt the new codes with
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modifications to the amendments. Staff does not recommend these actions. Without the
complete code adoption with amendments, the base code would provide only the
minimum standards without considering local conditions in Gilroy.
FISCAL IMPACT/FUNDING SOURCE
There is no direct cost to the City for adopting the Codes.
CONCLUSION
The adoption of building codes by reference with local amendments provides for an
increased level of health and safety for Gilroy residents and businesses.
Attachments:
1. Draft Ordinance
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ORDINANCE NO. 2022-XX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GILROY AMENDING SECTIONS 6.1, 6.6, AND 6.7 OF
CHAPTER 6 OF THE GILROY MUNICIPAL CODE
ADOPTING BY REFERENCE THE 2022 CALIFORNIA
BUILDING CODE, 2022 CALIFORNIA RESIDENTIAL
CODE, 2022 CALIFORNIA ELECTRICAL CODE, 2022
CALIFORNIA MECHANICAL CODE, 2022 CALIFORNIA
PLUMBING CODE, 2022 CALIFORNIA ENERGY CODE,
2022 CALIFORNIA HISTORICAL BUILDING CODE, 2022
CALIFORNIA EXISTING BUILDING CODE, 2021
INTERNATIONAL PROPERTY MAINTENANCE CODE,
AND 2021 INTERNATIONAL SWIMMING POOL AND
SPA CODE, WITH AMENDMENTS
WHEREAS, the California Building Standards Commission has adopted and published
an updated Title 24 of the California Code of Regulations, also referred to as the 2022 California
Building Standards Code, that will become effective statewide on January 1, 2023; and
WHEREAS, California Health and Safety Code Sections 17958, 17958.5, 17958. 7, and
18941.5 establish the authority for a city to adopt and make local amendments and modifications
to the building standards in the California Building Standards Code to establish more restrictive
building standards than those contained in the California Building Standards Code; and
WHEREAS, California Health and Safety Code Sections 17958, 17958.5, 17958.7, and
18941.5 permit a city to make such local amendments and modifications as the city determines
are reasonably necessary because of local climatic, geological, or topographical conditions; and
WHEREAS, California Health and Safety Code Sections 17958, 17958.5, 17958.7, and
18941.5 require a city, before making any amendments and modifications to the California
Building Standards Code, make an express finding that such amendments and modifications are
reasonably necessary because of local climatic, geological or topographical conditions; and
WHEREAS, the City of Gilroy has reviewed and intends to adopt the 2022 California
Building Standards Code; and
WHEREAS, the City Council wishes to amend portions of the California Building
Standards Code to better address local conditions and makes express findings that such
amendments are reasonably necessary because of local climatic, geological or topographical
conditions as set forth in this Ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES
ORDAIN AS FOLLOWS:
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SECTION I
The City Council has duly considered the full record before it, which may include but is not
limited to the staff report, testimony by staff and the public, and other materials and evidence
submitted or provided to the City Council. Furthermore, the recitals set forth above are found to
be true and correct and are incorporated herein by reference.
SECTION II
The City Council hereby finds and determines that this Ordinance has been assessed in
accordance with the California Environmental Quality Act (Cal. Pub. Res. Code, § 21000 et seq.)
(“CEQA”) and the State CEQA Guidelines (14 Cal. Code Regs. § 15000 et seq.) and is
categorically exempt from CEQA under CEQA Guidelines, § 15061(b)(3), which exempts from
CEQA any project where it can be seen with certainty that there is no possibility that the activity
in question may have a significant effect on the environment. Adoption of the proposed
Ordinance would not be an activity with potential to cause significant effect on the environment
because the changes made to the California Building Standards Code within are enacted to
mitigate the threats posed to public peace, health and safety from earthquakes, storms, floods,
high winds and fire, and therefore is exempt from CEQA. Therefore, it can be seen with certainty
that there is no possibility that the Ordinance in question may have a significant effect on the
environment; accordingly, the Ordinance is categorically exempt from CEQA.
SECTION III
Section 6.1 of Chapter 6 of the Gilroy Municipal Code is hereby repealed in its entirety and
replaced with the text below to read as follows:
6.1 Construction codes adopted.
For the purpose of setting forth proper regulations for the protection of the public health, safety
and welfare, regulating the erection, construction, enlargement, alteration, repair, relocation,
demolition, conversion, occupancy, equipment, use, height, area and maintenance of buildings
and structures in the city, providing for the issuance of permits and collection of fees therefor
and provisions for the violation thereof, the following construction codes are adopted, as
amended, to apply in the City of Gilroy:
(a) 2022 California Building Code;
(b) 2022 California Residential Code;
(c) 2022 California Electrical Code;
(d) 2022 California Mechanical Code;
(e) 2022 California Plumbing Code;
(f) 2022 California Energy Code;
(g) 2022 California Historical Building Code;
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(h) 2022 California Existing Building Code;
(i) 2021 International Property Maintenance Code;
(j) 2021 International Swimming Pool and Spa Code;
(k) 2022 California Green Building Standards Code;
(l) 2022 California Fire Code.
SECTION IV
Section 6.6 of Chapter 6 of the Gilroy Municipal Code is hereby repealed in its entirety and
replaced with the text below to read as follows:
6.6 Adoption.
1. This article shall be known and cited as the Gilroy Building Safety Code.
2. The following Codes are hereby adopted by reference for the City of Gilroy:
(a) The 2022 California Building Code, published by the International Code Council, Inc.
and the California Building Standards Commission in Part 2 of Title 24 of the California
Code of Regulations, is hereby adopted and referred to, and by this reference expressly
incorporated and made a part of this Chapter as though fully set forth herein. The
adoption includes Appendix J. Amendments, if any, are set forth in Section 6.7(a). The
2022 California Building Code shall be designated and referred to as the "Building Code"
for the City of Gilroy. There is one copy of said Code on file in the office of the Building
Official for use and examination by the public.
(b) The 2022 California Residential Code, published by the International Code Council, Inc.
and the California Building Standards Commission in Part 2.5 of Title 24 of the
California Code of Regulations, is hereby adopted and referred to, and by this reference
expressly incorporated and made a part of this Chapter as though fully set forth herein.
The adoption includes Appendix K. Amendments, if any, are set forth in Section 6.7(b).
The 2022 California Residential Code shall be designated and referred to as the
"Residential Code" for the City of Gilroy. There is one copy of said Code on file in the
office of the Building Official for use and examination by the public.
(c) The 2022 California Electrical Code, published by the National Fire Protection Agency
and the California Building Standards Commission in Part 3 of Title 24 of the California
Code of Regulations, is hereby adopted and referred to, and by this reference expressly
incorporated and made a part of this Chapter as though fully set forth herein. The
adoption includes Annexes A, B, C, D, and F. Amendments, if any, are set forth in
Section 6.7(c). The 2022 California Electrical Code shall be designated and referred to as
the “Electrical Code” for the City of Gilroy. There is one copy of said Code on file in the
office of the Building Official for use and examination by the public.
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(d) The 2022 California Mechanical Code, published by the International Association of
Plumbing and Mechanical Officials and the California Building Standards Commission in
Part 4 of Title 24 of the California Code of Regulations, is hereby adopted and referred
to, and by this reference expressly incorporated and made a part of this Chapter as though
fully set forth herein. Amendments, if any, are set forth in Section 6.7(d). The 2022
California Mechanical Code shall be designated and referred to as the "Mechanical Code"
for the City of Gilroy. There is one copy of said Code on file in the office of the Building
Official for use and examination by the public.
(e) The 2022 California Plumbing Code, published by the International Association of
Plumbing and Mechanical Officials and the California Building Standards Commission in
Part 5 of Title 24 of the California Code of Regulations, is hereby adopted and referred
to, and by this reference expressly incorporated and made a part of this Chapter as though
fully set forth herein. The adoption includes Appendices A, B, C, D, I, and M.
Amendments, if any, are set forth in Section 6.7(e). The 2022 California Plumbing Code
shall be designated and referred to as the “Plumbing Code” for the City of Gilroy. There
is one copy of said code on file in the office of the Building Official for use and
examination by the public.
(f) The 2022 California Energy Code, published by the International Code Council, Inc. and
the California Building Standards Commission in Part 6 of Title 24 of the California
Code of Regulations, is hereby adopted and referred to, and by this reference expressly
incorporated and made a part of this Chapter as though fully set forth herein. The
adoption includes Appendices 1-A and 1-B. Amendments, if any, are set forth in Section
6.7(f). The 2022 California Energy Code shall be designated and referred to as the
“Energy Code” for the City of Gilroy. There is one copy of said Code on file in the office
of the Building Official for use and examination by the public.
(g) The 2022 California Historical Building Code, published by the International Code
Council, Inc. and the California Building Standards Commission in Part 8 of Title 24 of
the California Code of Regulations, is hereby adopted and referred to, and by this
reference expressly incorporated and made a part of this Chapter as though fully set forth
herein. Amendments, if any, are set forth in Section 6.7(g). The 2022 California
Historical Building Code shall be designated and referred to as the “Historical Building
Code” for the City of Gilroy. There is one copy of said Code on file in the office of the
Building Official for use and examination by the public.
(h) The 2022 California Existing Building Code, published by the International Code
Council, Inc. and the California Building Standards Commission in Part 10 of Title 24 of
the California Code of Regulations, is hereby adopted and referred to, and by this
reference expressly incorporated and made a part of this Chapter as though fully set forth
herein. The adoption includes Appendices A1, A2, A3, and A5. Amendments, if any, are
set forth in Section 6.7(h). The 2022 California Existing Building Code shall be
designated and referred to as the “Existing Building Code” for the City of Gilroy. There
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is one copy of said Code on file in the office of the Building Official for use and
examination by the public.
(i) The 2021 International Property Maintenance Code, published by the International Code
Council, Inc., is hereby adopted and referred to, and by this reference expressly
incorporated and made a part of this Chapter as though fully set forth herein. The
adoption includes Appendix A. Amendments, if any, are set forth in Section 6.7(i). The
2021 International Property Maintenance Code shall be designated and referred to as the
"Property Maintenance Code" for the City of Gilroy. There is one copy of said Code on
file in the office of the Building Official for use and examination by the public.
(j) The 2021 International Swimming Pool and Spa Code, published by the International
Code Council, Inc., is hereby adopted and referred to, and by this reference expressly
incorporated and made a part of this Chapter as though fully set forth herein.
Amendments, if any, are set forth in Section 6.7(j). The 2021 International Swimming
Pool and Spa Code shall be designated and referred to as the "Swimming Pool and Spa
Code" for the City of Gilroy. There is one copy of said Code on file in the office of the
Building Official for use and examination by the public.
SECTION V
Pursuant to California Health and Safety Code Sections 17958. 7 and 18941.5, the City Council
hereby finds that the amendments are reasonably necessary due to local climatic, geological or
topographical conditions as set forth below.
1. Many of the modifications or changes are reasonably necessary because of the following
climatic conditions.
(a) The region is within a climate zone that requires compliance with energy
efficiency standards for building construction. The amendment adds design
flexibility that will add to energy efficiency in construction while maintaining
nationally recognized health and safety standards. This reason is hereinafter
referred to as “Climatic I.”
(b) The region is within a national climate zone that is designated “Very High” on
the Termite Infestation Probability Map. This reason is hereinafter referred to as
“Climatic II.”
2. Many of the modifications or changes are reasonably necessary because of the following
geological conditions.
(a) The region is located in an area of high seismic activities as indicated by United
States Geological Survey and California Division of Mines and Geology. Recent
earthquake activities have indicated the lack of adequate design and detailing as a
contributing factor to damages that reduced the protection of the life-safety of
building occupants. This reason is hereinafter referred to as “Geological I.”
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(b) The region is located in an area of high seismic activities as indicated by United
States Geological Survey and California Division of Mines and Geology. Recent
earthquake activities have indicated the lack of flexibility of materials and/or
building systems as a contributing factor to damages that reduced the protection
of the life-safety of building occupants and increased the cost of rehabilitation of
structures. This reason is hereinafter referred to as “Geological II.”
3. Many of the modifications or changes are reasonably necessary because of the following
topographical conditions.
(a) Portions of the City are in hillside areas that are hazardous fire areas that have
only limited fire suppression forces and facilities available for the protection of
life and property. This reason is hereinafter referred to as “Topographical I”
(b) Portions of the City are in hillside areas with extensive hillside construction that
is prone to erosion. This reason is hereinafter referred to as “Topographical II”.
4. Some of the modifications or changes are reasonably necessary because of other climatic,
geological or topographical conditions.
SECTION VI
Section 6.7 of Chapter 6 of the Gilroy Municipal Code is hereby repealed in its entirety and
replaced with the text below to read as follows:
6.7 Amendments.
(a) Amendments to the Building Code
(1) Amend Section 1.8.4.2 to read as follows:
1.8.4.2 Fees. Fees shall be assessed in accordance with the adopted City of Gilroy
Comprehensive Fee Schedule.
Reason for amendment: The City adopts the Comprehensive Fee Schedule annually. All
Building and development fees shall be assessed in accordance with the most current and
adopted Comprehensive Fee Schedule.
(2) Amend Section 105.7 to read as follows:
105.7 Placement of Permit. The building permit, along with all plans and
documentation approved by the building official, shall be kept on the site of the work
until final approval has been granted by the building official.
Reason for amendment: Clarifies that the approved plans and documentations are at the
job site for the inspector and contractor to follow.
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(3) Amend Section 109.2 to read as follows:
109.2 Schedule of permit fees. On buildings, structures, electrical, gas, mechanical
and plumbing systems or alternations requiring a permit, a fee for each permit shall
be paid as required by the adopted current adopted City of Gilroy Comprehensive Fee
Schedule.
Reason for amendment: The City Council reviews and adopts the City of Gilroy
Comprehensive Fee Schedule. All Building and development fees shall be assessed in
accordance with the most current and adopted Comprehensive Fee Schedule.
(4) Amend Section 109.4 to read as follows:
109.4 Work commencing before permit issuance. Whenever any work for which a
permit is required by this code has been commenced without first obtaining said
permit, the fee for necessary permits shall be double the fee established by the current
City of Gilroy Comprehensive Fee Schedule approved by the city council.
Reason for amendment: The City Council reviews and adopts the City of Gilroy
Comprehensive Fee Schedule. All Building and development fees shall be assessed in
accordance with the most current and adopted Comprehensive Fee Schedule. Doubling
the permit fee is a standard procedure from prior practice and adopted codes.
(5) Add Section 109.7 to read as follows:
109.7 Plan review fees. When a plan review requires a plan checking fee, the fee
shall be paid at the time of submitting plans, calculation and specifications for
checking. When submittal documents are incomplete or changed so as to require
additional plan review or when the project involves deferred submittal items an
additional plan review fee may be charged as deemed necessary by the building
official at an hourly rate established in the City of Gilroy Comprehensive Fee
Schedule adopted by the city council.
Reason for amendment: Provides clarification of when plan review fees are paid and
maintains consistency with prior adopted code cycles that additional fees may be charged
as deemed necessary by the Building Official at an hourly rate as established in the most
current and adopted Comprehensive Fee Schedule.
(6) Add Section 110.7 to read as follows:
110.7 Inspection Record Card. Work requiring a permit shall not be commenced
until the permit holder or an agent of the permit holder has posted or otherwise made
available the inspection record card issued by the building official such as to allow
the building official to conveniently make the required entries thereon regarding
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inspection of the work. This card shall be maintained and available by the permit
holder until final approval has been granted by the building official.
Reason for amendment: The building official amends and adds this new section to require
that the inspection card be available at the job site. The inspection card contains
inspection description and building inspector signoff information to allow the inspector to
follow through on each permit.
(7) Amend Section 402.5 as follows:
Delete exception.
Reason for amendment: Geological I and II
(8) Amend Section 403.3 as follows:
Delete exception.
Reason for amendment: Geological I and II
(9) Amend Section 404.3 as follows:
Delete all exceptions.
Reason for amendment: Geological I and II
(10) Amend Section 410.6 as follows:
Delete all exceptions.
Reason for amendment: Geological I and II
(11) Amend Section 903.2 to read as follows:
903.2 Where Required. Approved Automatic sprinkler system in new and existing
buildings and structures shall be provided in the locations as set forth in the Gilroy
Fire Code and the California Fire Code. If any conflicts occur between the California
Building Code and the Gilroy Fire Code, the Gilroy Fire Code shall prevail.
Reason for amendment: Amending the Code to explicitly express that if any conflicts
occur between the California Building Code and the Gilroy Fire Code, the Gilroy Fire
Code shall prevail.
(12) Amend Section 1505.1.3 to read as follows:
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1505.1.3 Roofing requirements in a Wildland-Urban Interface Fire Area.
Roofing requirements for structures located in a Wildland-Urban Interface Fire Area
shall comply with Section 705A. The entire roof covering of every existing structure
where more than 50 percent of the total roof area is replaced within any one-year
period, the entire roof covering of every new structure, and any roof covering applied
in the alteration, repair or replacement of the roof of every existing structure, shall be
a fire-retardant roof covering that is at least Class A.
Reason for amendment: Amending the Code to require that the roof covering for
structures in the hillside area is a minimum Class A, and this is necessary due to the
climatic conditions of the area. The hillside area has a long history of high winds, with an
associated higher risk of accelerated and more significant structure damage and higher
potential for related casualties.
(13) Add Section 1505.1.4 to read as follows:
1505.1.4 Roofing. Class A roof covering shall be required for all Hillside
Construction.
Reason for amendment: Amending the Code to require that the roof covering for
structures in the hillside area is a minimum Class A, and this is necessary due to the
climatic conditions of the area. The hillside area has a long history of high winds, with an
associated higher risk of accelerated and more significant structure damage and higher
potential for related casualties.
(14) Amend Section 1705.3 Exception 1 to read as follows:
1. Isolated spread concrete footings of buildings three stories or less above grade
plane that are fully supported on earth or rock, where the structural design of the
footing is based upon a specified compressive strength, f’c , no greater than 2,500
pounds per square inch (psi) (17.2 MPa).
Reason for amendment: Amending the Code to require special inspection for isolated
spread concrete footings of buildings of three stories or less where the structural design of
the footing is based upon a specified compressive strength of concrete greater than 2,500
psi, and this is necessary due to expansive (clay) soils and seismic activity common to
this geological area.
(15) Amend Section 1808.1 by adding the following to the end of the section to read as
follows:
All new foundations for building additions to R-3 occupancies shall be of the same
type of foundation system as the existing structure, unless the foundation system is
designed, and plans, calculations, and specifications are prepared, stamped and
signed, by a California licensed engineer or architect.
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Reason for amendment: Amending the Code to require all new foundations for building
additions to R-3 occupancies shall be of the same type of foundation system as the
existing structure, unless the foundation system is designed, and plans, calculations, and
specifications are prepared, stamped and signed, by a California licensed engineer or
architect, and this is necessary due to expansive (clay) soils and seismic activity common
to this geological area.
(16) Adopt the following Appendix:
Appendix J - Grading
(17) Add subsections to Section J110 Erosion Control to read as follows:
J110.3 Erosion Control.
a. The applicant shall submit an Interim Erosion and Sediment Control Plan. This can
be incorporated on the Grading Plan and shall include the following information:
1. Maximum surface runoff from the site as calculated using the method approved
by the Building Official.
2. A delineation and brief description of the surface runoff and erosion control
measures to be implemented including, but not limited to, types and methods of
applying mulches to be used.
3. A delineation and brief description of vegetative measures to be taken,
including but not limited to, seeding methods, the type, location and extent of
existing and undisturbed vegetation types, and a schedule for maintenance and
upkeep.
b. No improvements planned. Where an applicant does not plan to construct
permanent improvements on the site, or plans to leave portions of the site graded
but unimproved, applicant must:
1. Submit an Interim Plan designed to control runoff and erosion on the site for the
period of time during which the site, or portions thereof, remain unimproved.
2. Submit a request for release after the completion of grading.
c. Work Schedule. The applicant must submit a master work schedule showing the
following information:
1. Proposed grading schedule.
2. Proposed conditions of the site on each July 15, August 15, September 15, and
October 15 during which the permit is in effect.
3. Proposed schedule for installation of all interim erosion and sediment control
measures including, but not limited to, the stage of completion of erosion
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control devices and vegetative measures on each of the dates set forth in
Subsection (2).
4. Schedule for construction of final improvements, if any.
5. Schedule for installation of permanent erosion and sediment devices where
required.
d. Season Work (October 15 to April 15).
1. For commencement of the grading during the wet season, applicant must
provide special documentation, as required by Building Official, showing the
reasons other than financial, for the need to commence at that time.
2. For continuation of activities, other than installation, maintenance or repair of
measures in the interim or final plans, during the wet season, permittee must
apply for and receive in writing from the Building Official, every five (5)
working days, special permission to proceed.
3. The Building Official shall grant permission under this subsection on the basis
of weather forecasts, experience and other pertinent factors, which indicate the
activity, may occur without excessive erosion occurring.
J110.4 Dust and Mud Control Measures. Contractors performing grading operations
within the City where dry conditions or wet conditions are encountered shall adequately
and effectively control dust or mud from spreading off site or onto existing structures
on site. Prior to commencement of grading operations, contractor shall furnish details
of proposed dust or mud control measures to the Building Official for approval. Failure
to control dust or mud from grading operations shall result in suspension of grading
operations until adequate measures are in place to allow continuance.
J110.5 Archeological Discovery. If in the course of any grading operation, any
artifacts, human remains, or substantial fossils are discovered, all grading operations
shall cease, and the discovery site shall be suitably marked and protected from further
damage. A report of such findings shall be as outlined in the Zoning Ordinance.
Specifically, if human remains are discovered, the Sheriff-Coroner and the Building
Official shall be notified. If no human remains are discovered, but artifacts or
significant fossils are discovered, the Building Official shall be notified.
J110.6 Administration and Enforcement.
J110.6.1 Work Stoppage. Whenever the Building Official determines that the work
does not comply with the terms of the permit or of this Ordinance Section, they may
order the immediate cessation of all work hereunder until such corrective measures
have been completed.
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J110.6.2 Right of Entry. Whenever the Building Official or designated
subordinate(s) have reasonable or probable cause to believe that there exists
accelerated erosion and/or a violation of this Ordinance Section, they may enter such
site at all reasonable times to inspect the same, to perform any duty imposed upon
them by this Ordinance Section; providing that if such premises are occupied, they
shall first present proper credentials and request entry, and if the premises are found
to be unoccupied, they shall first make a reasonable effort to locate the owner or other
person having charge or control of said premises and request entry. If such entry is
refused or the owner or person having charge or control cannot be located after
reasonable effort, the Building Official shall have recourse to every remedy provided
by law to secure entry and abate the erosion or violation.
J110.6.3 Notification of Violation. Any person found to be in violation of the
provisions of this Ordinance Section shall be required to correct the problem upon
written notification from the Building Official or designated subordinate(s). Such
written notification may require that certain conditions be adhered to in the correction
of the problem. These may include, but are not limited to, the following:
a. Use of specific erosion control techniques
b. Submittal of plans and specifications to be approved by the Community
Development Department, and any other department affected by such work,
prior to the commencement of corrective work.
c. Completion of corrective work within a specified time period.
J110.6.4 Abatement of Violation. If the responsible party fails to act in response to
written notification of the Building Official, the violation may be declared a public
nuisance and be abated as required to restore the site to its original condition. Where
there is an emergency condition of erosion or sediment damaging a waterway, marsh,
or other body of water, or significant habitat or archeological site, the Building
Official may have the necessary corrective work done and bill the property owner or
lien the property for repayment.
J110.6.5 Penalties.
a) Any person, whether as principal, agent, employee or otherwise, or firm or
corporation violating, or causing or permitting the violation of any of the
provisions of this Ordinance Section shall be subject to citations and penalties set
forth in the Gilroy Municipal Code, Section 1.7, Section 6.16 and Chapter 6A.
b) Each separate day or portion thereof during which any violation occurs or
continues without a good faith effort by the responsible person to correct the
violation, shall be deemed to constitute a separate offense.
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c) In addition to the above noted penalties, the Building Official is hereby authorized
to attach an investigation fee up to twice the grading permit fee, to any such
permit issued for corrective action.
J110.6.6 Enforcement. The Building Official and or their designated subordinate(s)
is hereby authorized and directed to enforce all the provisions of this Ordinance
Section. For such purpose, the Building Official shall have the powers of a law
enforcement officer.
J110.6.7 Appeals. Any person who believes the Building Official has erred in the
technical application of this Ordinance Section may appeal such action to the
Building Board of Appeals.
Reason for amendment: Geological II.
(b) Amendments to the Residential Code
(1) Adopt the following Appendix:
Appendix K – Sound Transmission
(c) Amendments to the Electrical Code
(1) Amend Section 230.2 by adding subsection (F) to read as follows:
230.2(F). Underground Service. All new electrical services shall be underground
and installed per Section 230.30, Underground Service-Lateral Conductors. In
existing commercial and industrial areas, existing overhead utilities shall be placed
underground in connection with new development. In existing residential areas of the
city in which development has occurred with overhead utilities in or along the
frontage of properties, existing utilities shall be placed underground in connection
with the development or redevelopment of property consisting of four (4) or more
dwelling units.
Reason for amendment: Section is amended to require undergrounding for new electrical
services. Section is also amended to remain consistent with the Gilroy Municipal code
Chapter 21 Section 21.114 titled Undergrounding required with new streets and
development. Many buildings in Gilroy are located in high wind areas. Due to this local
climatic condition, amending the Code to provide for elimination of overhead services
that are inherently less safe in the event of windstorms will provide a higher level of
safety.
(2) Amend Section 230.70(A) by adding subsection (4) to read as follows:
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(4) Main Service Disconnect Location. The building main service disconnect and/or
disconnects shall be installed on the first-floor level of the building, in accordance
with 230.70(A)(l), (A)(2), and (A)(3).
Reason for amendment: Quick access to the buildings main service disconnect is critical
for emergency services. This amendment provides a quicker means of finding the
location of the main power disconnects to buildings in the event of seismic events and
other emergencies. This critical as Gilroy is located in an area of high seismic activities.
(3) Amend Section 250.50 by adding subsection (A) to read as follows:
Main 250.50(A). Grounding System in New Buildings. Grounding electrode
systems in all new buildings shall be an electrode encased by at least 50 mm (two
inches) of concrete, located horizontally near the bottom or vertically, and within that
portion of a concrete foundation or footing that is in direct contact with earth. The
electrode shall consist of at least 6.0 m (20 feet) of one or more steel reinforcing bars
or rods, of not less than 13 mm (½ inch) diameter or consisting of at least 6.0 m (20
feet) of bare copper conductor not smaller than 4 AWG. The connection side of this
concrete-encased electrode shall be located remotely away from the main electrical
service equipment.
Reason for amendment: Amending the Code allows significantly higher assurances that
the grounding of the building electrical system will not deteriorate and fail due to the
properties of local soils. Other types of grounding, such as rods, maybe subject to
deterioration in local soils, whereas an encased electrode will not be in contact with the
soils.
Providing a concrete-encased electrode enhances the capability of keeping electrical
systems grounded, which is important for electrical services in the City of Gilroy.
(4) Adopt the following Annex:
Annex A – Product Safety Standards
Annex B – Application Information for Ampacity Calculation
Annex C – Conduit, Tubing, and Cable Tray Fill Tables for Conductors and Fixture
Wires of the Same Size
Annex D – Examples
Annex F – Availability for Critical Operations Power Systems; and Development and
Implementation of Functional Performance Tests (FPTs) for Critical Operations
Power Systems
(d) Amendments to the Mechanical Code
(1) Adopt no amendments.
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(e) Amendments to the Plumbing Code
(1) Amend Section 604.3 to read as follows:
604.3 Copper or Copper Alloy Tube. Copper or copper alloy tube for potable water
piping shall have a weight of not less than type “L”.
Reason for amendment: Most of the surface soils in the Santa Clara Valley is relatively
young and unconsolidated sedimentary materials formed from a wide variety of parent
materials. The varying chemical composition, degree of weathering, and the relatively
acid environment have created soils of varying types, which are particularly corrosive in
nature.
(2) Add Section 719.1.1 to read as follows:
719.1.1 Clean-outs shall be installed on private property adjacent to property line
where the private sewer system connects to the public sanitary sewer lateral. All such
line clean-outs shall be extended to grade with materials according to specifications
approved by the Administrative Authority and terminate within a listed and labeled
box.
Exception: If the lateral does not exceed 12 ft. from the back of sidewalk to the
building drain clean-out, the run must be substantially straight.
Reason for amendment: This amendment is to comply with City of Gilroy sewer standard
SWR-5B.
(3) Adopt the following Appendix:
Appendix A – Recommended Rules for Sizing the Water Supply System
Appendix B – Explanatory Notes on Combination Waste and Vent Systems
Appendix C – Alternate Plumbing Systems
Appendix D – Sizing Storm Water Drainage Systems
Appendix I – Installation Standards
Appendix M – Peak Water Demand Calculator
(f) Amendments to the Energy Code
(1) Adopt the following Appendix:
Appendix 1-A – Standards and Documents Referenced in the Energy Code
Appendix 1-B – Energy Commission Documents Incorporated by Reference in Their
Entirety
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(g) Amendments to the Historical Building Code
(1) Adopt no amendments.
(h) Amendments to the Existing Building Code
(1) Adopt the following Appendix:
Appendix A1 – Seismic Strengthening Provisions for Unreinforced Masonry Bearing
Wall Buildings
Appendix A2 – Earthquake Hazard Reduction in Existing Reinforced Concrete and
Reinforced Masonry Wall Buildings with Flexible Diaphragms
Appendix A3 – Prescriptive Provisions for Seismic Strengthening of Cripple Walls
and Sill Plate Anchorage of Light, Wood-Frame Residential Buildings
Appendix A5 – Referenced Standards
(i) Amendments to the Property Maintenance Code
(1) The codes, standards, and references in this code shall be revised as follows:
Delete the following references Insert the following references
• International Building Code
• International Mechanical Code
• National Electrical Code
• International Fire Code
• International Plumbing Code
• International Existing Building Code
• International Residential Code
• International Energy Conservation Code
• International Green Construction Code
• International Zoning Code
• International Fuel Gas Code
• Name of Jurisdiction
• Jurisdiction to insert appropriate schedule
• Board of appeals
• 2022 California Building Code
• 2022 California Mechanical Code
• 2022 California Electrical Code
• 2022 California Fire Code
• 2022 California Plumbing Code
• 2022 California Existing Building Code
• 2022 California Residential Code
• 2022 California Energy Code
• 2022 California Green Building Standards Code
• City of Gilroy Zoning Ordinance
• No reference
• City of Gilroy
• City of Gilroy Comprehensive Fee Schedule
• Hearing Officer
(2) Amend Section 102.4 to read as follows:
102.4 Existing remedies. The provisions in this code shall not be construed to
abolish or impair existing remedies of the jurisdiction or its officers or agencies
relating to the correction of any code violation or the removal or demolition of any
structure that is dangerous, unsafe, or insanitary.
Reason for amendment: To be consistent with Municipal Code Section 5B.9.
(3) Amend Section 105.3 by adding the following to the end of the section to read as follows:
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Any and all costs incurred by the city in connection with securing lawful entry to a
structure or premise including but not limited to, costs of investigation, staffing costs
incurred in the preparation of warrants, and all subsequent costs necessary to enforce
compliance with the provisions of this Code may be recovered including late payment
charges and costs of collection by use of any and all available legal means.
Reason for amendment: To clarify the process of cost recovery where the Right of Entry
for inspection of a premise or structure is refused.
(4) Amend Section 107.1 to read as follows:
107.1 Application for appeal. Any person directly affected by a decision of the code
official or a notice or order issued under this code shall have the right to appeal to the
hearing officer, provided that a written application for appeal is filed within 20 days
after the day the decision, notice or order was served. An application for appeal shall
be based on a claim that the true intent of this code or the rules legally adopted
thereunder have been incorrectly interpreted, the provisions of this code do not fully
apply, or the requirements of this code are adequately satisfied by other means.
Reason for amendment: Gilroy Municipal Code Chapter 6A has already established an
appeal process through the Administrative Hearing Officer.
(5) Delete Section 107.2 Limitations of authority through Section 108.1 Membership of
board.
Reason for amendment: Gilroy Municipal Code Chapter 6A has already established an
appeal process through the Administrative Hearing Officer.
(6) Amend Section 109.1 to read as follows:
109.1 Unlawful acts. It is hereby declared to be unlawful and a public nuisance for
any person, firm or corporation to erect, construct, enlarge, alter, repair, move,
improve, remove, convert or demolish, equip, use, occupy or maintain any premise,
building, structure or building service equipment, or cause or permit the same to be
done in violation of this code or the technical codes.
Reason for amendment: To agree with 2022 California Building Code Sec. 114.1
(7) Amend Section 109.5 by adding the following to the end of the section to read as follows:
Procedures used and actions taken to correct or abate violations are not limited by this
code. Procedures used and actions taken under this code may be utilized in
conjunction with or in addition to any other procedure applicable to the regulation of
buildings or structures or property.
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Reason for amendment: To be consistent with Municipal Code Section 5B.9.
(8) Amend Section 111.1 to read as follows:
111.1 Unsafe conditions. When a structure or equipment is found by the code official
to be unsafe, or when a structure is found unfit for human occupancy, or is found
unlawful, such structure shall be posted in accordance with this section and declared
to be a public nuisance and the violations shall be abated by repair, rehabilitation,
demolition or removal pursuant to the provisions of this code.
Reason for amendment: The section focused on condemnation only. It has been revised to
more closely follow the language from Section 202 of the 1997 Abatement of Dangerous
Buildings Code.
(9) Amend Section 111.1.4 to read as follows:
111.1.4 Unlawful structure. An unlawful structure is one found in whole or in part
to be occupied by more persons than permitted under this code, or was erected,
altered, occupied or maintained contrary to law; or one that is partially constructed,
reconstructed or demolished upon which work is abandoned. Work is deemed
abandoned when there is no valid building or demolition permit.
Reason for amendment: Incorporated portions of 1997 Abatement of Dangerous
Buildings Code Section 302 (18).
(10) Amend Section 111.1.5 by adding the following paragraph to the end of the Section:
12. Whenever exterior walls or other vertical structural members list, lean or buckle
to such an extent that a plumb line passing through the center of gravity does not fall
inside the middle one third of the base.
Reason for amendment: Section 302 (10) of the 1997 Abatement of Dangerous Buildings
Code clearly establishes this method to determine when a building or its structural
elements are excessively and/or dangerously leaning.
(11) Amend Section 111.2 by deleting the words “of condemnation”:
Reason for amendment: The section referenced posting the structure for condemnation
only; however, we post several different types of placards.
(12) Amend Section 111.5 to read as follows:
111.5 Unauthorized tampering. Placards, notices, signs, tags or seals posted or
affixed by the code official shall not be mutilated, destroyed, tampered with, or
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removed without authorization from the code official. Any person violating this
subsection shall be guilty of a misdemeanor.
Reason for amendment: To include the terms “Notices” and “Placards” referenced in
2021 IPMC 111.4 & 111.7 and comply with 1997 Uniform Housing Code Sec. 1104.2
and 1997 Abatement of Dangerous Buildings Code Section 404.1.
(13) Amend Section 111.7 to read as follows:
111.7 Placarding. When the code official determines a structure, equipment or
premise has been erected, constructed, enlarged, altered, repaired, moved, improved,
removed, damaged, converted or demolished, equipped, used, occupied or
maintained in violation of this code or the technical codes and the structure,
equipment or premise constitutes a danger to the life, limb, property or safety of the
public or the occupants, the code official shall post a placard on the structure,
equipment or premise in a conspicuous place in or about the affected structure,
equipment or premise. The placard shall clearly state the code official’s Order
regarding the structure, equipment, or premise, and specify the conditions which
necessitated the posting.
Reason for amendment: The section focused on posting structures or equipment for
condemnation only; however, we use several different types of postings.
(14) Amend Section 111.7.1 to read as follows:
111.7.1 Placard removal. The code official shall remove the placard whenever the
defect or defects upon which the placarding action was based has been eliminated.
Any person who defaces or removes a placard without the approval of the code
official shall be subject to the penalties provided by this code.
Reason for amendment: The section focused on posting structures or equipment for
condemnation only; however, we use several different types of placards/postings.
(15) Amend Section 111.8 to read as follows:
111.8 Prohibited occupancy. It shall be unlawful for any person, owner, owner’s
authorized agent or person responsible for the premise to occupy or allow to be
occupied a placarded structure or premise or operate placarded equipment in
violation of the code officials posted order.
Reason for amendment: The section focused on posting structures or equipment for
condemnation only; however, we use several different types of posting.
(16) Add Section 111.10 to read as follows:
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111.10 Recordation of Notices and Orders. If compliance with the order is not
achieved within the time specified therein, and no appeal has been properly and
timely filed, the code official is authorized to file in the office of the county
recorder a certificate describing the property, and that the premise, building,
structure or building service equipment is in violation of this code or the technical
codes or other regulation applicable to buildings or structures or property.
Whenever the ordered corrections have been completed and the violations no longer
exist on the property described in the certificate, and when all fines, fees, penalties,
and incurred costs associated with the property have been satisfied, the code official
shall issue a new certificate certifying that all required corrections have been made.
Reason for amendment: To comply with the recordation guidelines in the 1997
Abatement of Dangerous Buildings Code Section 402.
(17) Amend Section 202 definition for Dwelling Unit to read as follows:
DWELLING UNIT. A single unit, whether part of a multiple unit complex, or a
detached individual residential dwelling, that provides complete independent living
facilities for one or more persons, including permanent provisions for living,
sleeping, eating, cooking and sanitation. “Recreational vehicles” as defined by
Gilroy Zoning Ordinance Section 30.2.20 shall not be used or classified as
Dwelling Units and must at all times be stored with pop-outs closed and utilities
disconnected in compliance with Gilroy Zoning Ordinance Section 30.33, unless
they are located in an approved mobile home park or RV park.
Reason for amendment: To clarify that recreational vehicles are not dwelling units for the
purposes of this code.
(18) Amend Section 202 definition for Garbage to read as follows:
GARBAGE. Garbage shall be defined pursuant to Gilroy Municipal Code Section
12.1.
Reason for amendment: Gilroy Municipal Code Section 12.1 has already defined this
term.
(19) Amend Section 202 definition for Inoperable Motor Vehicle to read as follows:
INOPERABLE MOTOR VEHICLE. A vehicle which cannot be driven upon the
public streets for reasons including but not limited to being unlicensed, wrecked,
abandoned, in a state of disrepair, incapable of being moved under its own power or
is prohibited from being operated on a public street or highway for any reason
pursuant to the provisions of the California Vehicle Code.
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Reason for amendment: To include the intent of Gilroy Municipal Code Sec. 5C.8(b) and
Sec. 15.111.
(20) Amend Section 202 definition for Rubbish to read as follows:
RUBBISH. Rubbish shall be defined pursuant to Gilroy Municipal Code Section
12.1.
Reason for amendment: Gilroy Municipal Code Section 12.1 has already defined this
term.
(21) Amend Section 301.3 by adding the following paragraph to the end:
The storage of any motor vehicle, special mobile equipment, truck, boat, travel
trailer, aircraft, camper, mobile home, recreational vehicle, motorcycle, appliance,
furniture or the storage or accumulation of garbage, refuse or rubbish as defined by
Gilroy Municipal Code Chapter 12 or the storage of any boxes or similar storage
containers, household items or residential belonging or similar objects, materials of
any kind or the storage or placement of any building or structure including permit
exempt storage buildings or structures, on any vacant parcel without approval of the
City of Gilroy is prohibited.
Reason for amendment: To clarify uses and activities that are not allowed on vacant
parcels.
(22) Amend Section 302.1 to read as follows:
302.1 Sanitation. Exterior property areas and premises shall be maintained by the
property owner in a clean, safe, and sanitary condition. In residential zones,
accumulations of building materials, junk, rubbish, garbage, debris, scrap materials,
boxes or similar storage containers, household items or residential belonging or
similar objects, except items designed for exterior use such as lawn furniture, shall
not be stored or maintained in the front yard area or unenclosed patios, porches,
carports, or areas visible from any street or public way or accessible to the public
for a period of time in excess of seventy-two consecutive hours. Property owners
shall remain liable for violations thereof regardless of any contract or agreement
with any third party regarding such property. The owner of any building lot or
premises within the City where a business, trade or profession has established a
fixed place of business pursuant to Gilroy Municipal Code Section 13.1(b) shall
also comply with the requirements of Municipal Code Section 5B.2(d)(1).
Reason for amendment: The property owner is always held responsible for the proper
maintenance of their property.
(23) Amend Section 302.2 by adding the following sentence at the end of the section:
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Excess or concentrated drainage shall be contained on site or directed to the nearest
practicable drainage facility approved by the code official.
Reason for amendment: To comply with 2022 California Building Code Section J109.4.
(24) Amend Section 302.3 by adding the following paragraph at the end:
The owner of any building, lot or premises within the city shall maintain the
sidewalks and/or walkways located upon such premises that are accessible to the
general public and the public sidewalks between such premises and any adjacent
public street or alley in a clean, safe and sanitary condition. Maintenance shall
include the removal and proper disposal, by methods approved by the City of
Gilroy, of any dangerous, unsightly and unsanitary conditions such as
accumulations of garbage, refuse, rubbish, litter, dirt, gum or other substances or
items, which have been placed, dropped or spilled upon the sidewalks. Where said
unsightly or unsanitary conditions have been created or caused by the owner of such
building, lot or premises, whether upon the sidewalks and/or walkways located
upon his premises or the public sidewalks between such premises and any adjacent
public street or alley, or the sidewalks adjacent to buildings, lots or premises in the
vicinity, the owner shall immediately restore the sidewalks and/or walkways to a
clean, safe and sanitary condition.
Reason for amendment: This amendment clarifies the specific exterior property area
requirements referenced by Section 302.1 Sanitation.
(25) Amend Section 302.4 to read as follows:
302.4 Weeds. No owner, agent, lessee or occupant or other person having charge or
control of any building, lot or premises within the city shall permit excess weeds or
vegetation to remain or accumulate upon such premises or upon public sidewalks or
streets or alleys between such premises and the centerline of any public street or
alley. Where overgrown weeds, vegetation, shrubbery, vines or trees, create an
encroachment, harborage or shelter; the code official shall require the property
owner to trim, cut, destroy or remove the overgrowth, and/or raise the vegetation
canopy to a height of seven feet above the ground. All noxious weeds shall be
prohibited. Weeds shall be defined per Municipal Code Section 12.45.
Upon failure of the owner or agent having charge of a property to cut and destroy
excess weeds or vegetation after service of a notice of violation, they shall be
subject to prosecution in accordance with Section 109.3 and as prescribed by the
City of Gilroy. Upon failure to comply with the notice of violation, any duly
authorized employee of the City or contractor hired by the City shall be authorized
to enter upon the property in violation and cut and destroy the weeds or excess
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vegetation growing thereon, and the costs of such removal shall be paid by the
owner or agent responsible for the property.
Reason for amendment: This section is revised to comply with Municipal Code Section
12.45 and 12.46.
(26) Amend Section 302.8, Exception to read as follows:
Exception: An owner, lessee, or occupant of the property may repair, wash, clean,
or service personal property, provided they comply with Gilroy Zoning Ordinance
and Municipal Codes requirements.
Reason for amendment: This section is revised to comply with Zoning Ordinance and
Municipal Code requirements.
(27) Amend Section 303.2 to read as follows:
303.2 Enclosures. Private swimming pools, hot tubs, spas and ponds containing
water more than 18 inches in depth shall be completely enclosed by a fence, wall or
other barrier not less than 60 inches in height above the finished ground level
measured on the side of the barrier away from the pool. Gates and doors in such
barriers shall be self-closing and self-latching. Where the self-latching device is less
than 54 inches above the bottom of the gate, the release mechanism shall be located
on the pool side of the gate. Self-closing and self-latching gates shall be maintained
such that the gate will positively close and latch when released from an open
position of 6 inches from the gatepost. The vertical clearance from the ground to the
bottom of the enclosure shall be a maximum of two inches (2”). The maximum
vertical clearance at the bottom of the barrier may be increased to four inches (4”)
when the grade is a solid surface such as a concrete deck. On wood fences with
horizontal members spaced less than forty-five inches (45”) apart, the horizontal
members shall be placed on the poolside of the barrier. The outside surface of the
enclosure shall be free of protrusions, cavities, or other physical characteristics that
would serve as handholds or footholds that could enable a child below the age of
five years to climb over. Existing pool enclosures shall not be removed, replaced, or
changed in a manner that reduces its effectiveness as a safety barrier.
Exception: Spas or hot tubs with a safety cover that complies with ASTM F1346
shall be exempt from the provisions of this section.
Reason for amendment: To comply with Gilroy Residential Swimming Pool & Spa
Guidelines, and California Health and Safety Code Swimming Pool Safety Act, Section
115920-115929.
(28) Delete Section 304.3 Premises identification.
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Reason for amendment: Gilroy Municipal Code Section 6.24(b)(1) has already
established a standard for premises identification.
(29) Amend Section 304.7 to read as follows:
304.7 Roofs and drainage. The roof and flashing shall be sound, tight, and not
have defects that admit rain. Roof drainage shall be adequate to prevent dampness
or deterioration in the walls or interior portion of the structure. Damaged or
deteriorated roofs and flashing shall be repaired as expeditiously as possible. When
emergency temporary roof repairs require the installation of tarps or plastic
sheeting to prevent leaks, the temporary repairs shall not extend beyond one
month, unless approved by the Code Official. Such temporary repairs must have
all edges of the material fastened and restrained with sufficient tension to prevent
movement or flapping in the wind. Roof drains, gutters and downspouts shall be
maintained in good repair and free from obstructions. Roof water shall not be
discharged in a manner that creates a public nuisance.
Reason for amendment: To address California Health and Safety Code Section
17920.3(a)(14) improper.
(30) Amend Section 304.14 first sentence by deleting the words: “During the period from
[DATE] to [DATE],”
Reason for amendment: Insect screens are always required to be in working conditions.
(31) Amend Section 304.15 to read as follows:
304.15 Doors. Exterior doors, door assemblies, including weather stripping,
thresholds, closers and operator systems if provided, and hardware shall be
maintained in good condition. Locks at all entrances to dwelling units and sleeping
units shall tightly secure the door. Locks on means of egress doors shall be in
accordance with Section 702.3.
Reason for amendment: To comply with California Health and Safety Code Section
17920.3.
(32) Amend Section 304.16 to read as follows:
304.16 Under-Floor areas. Under-floor access doors, hatchways and ventilation
openings shall be maintained to prevent the entrance of rodents, rain, and surface
drainage water. Doors shall be tight fitting and ventilation openings shall be
properly screened with corrosion-resistant wire mesh having openings not
exceeding ¼ inch in any dimension or alternate approved materials pursuant to
2021 California Building Code Section 1203.
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Packet Pg. 152 Attachment: Draft Ordinance (4049 : First Reading for Building Code Adoption)
Ordinance No. 2022-XX
Building Code Adoption
City Council Regular Meeting | November 7, 2022
Page 25 of 30
Reason for amendment: To comply with California Health and Safety Code Section
17920.3.
(33) Amend Section 304.18.2 to read as follows:
304.18.2 Windows. Operable windows that provide access to a dwelling unit,
rooming unit or housekeeping unit that is rented, leased or let shall be equipped
with a window sash locking device when they are located in whole or in part
within 12 feet above ground level or walking surface or 6 feet horizontally from
the ground, a roof, or any other platform.
Reason for amendment: To comply with California Civil Code Section 1941.3(a)2
(34) Amend Section 305.1, first sentence, to read as follows:
305.1 General The interior of a structure and equipment therein including but not
limited to cabinets, counters and hardware shall be maintained in good repair,
structurally sound and in a sanitary condition.
Reason for amendment: To comply with California Health and Safety Code Section
17920.3(a)14.
(35) Amend Section 305.6 to read as follows:
305.6 Interior Doors. Every interior door, frame and hardware shall be properly
installed and maintained in a workmanlike manner and capable of being opened,
closed, and latched. Every interior door shall fit reasonably well within its frame
and shall be securely attached to the jambs, headers or tracks as intended by the
manufacturer of the attachment hardware.
Reason for amendment: To comply with California Health and Safety Code Section
17920.3(a)14.
(36) Amend Section 308.3.1 to read as follows:
308.3.1 Garbage facilities. The owner of every dwelling unit or the proprietor,
manager, owner or lessee of any hotel, restaurant, boardinghouse, rooming house
or other place of business in the city shall be responsible for providing approved
leak-proof, covered, outside garbage receptacles for each dwelling unit or place of
business pursuant to Gilroy Municipal Code Section 12.18. Receptacles and
storage areas shall be at all times kept in a sanitary condition. Receptacles shall be
placed for collection in the alley behind the premises, or if there is no alley access,
then on the front curb in front of the premises being served, or such other place as
may be approved by the director of public works or the garbage contractor, so as to
be readily accessible for removing and emptying the same. Receptacles shall be
placed in the proper area for collection the evening prior to collection and shall be
removed and stored at an approved location by the morning after. For dwelling
11.2.a
Packet Pg. 153 Attachment: Draft Ordinance (4049 : First Reading for Building Code Adoption)
Ordinance No. 2022-XX
Building Code Adoption
City Council Regular Meeting | November 7, 2022
Page 26 of 30
units, receptacles shall be stored in the side yard adjacent to the house or garage.
Where the code official repeatedly finds a site in violation of Municipal code
section 5B.2(2) or 5C.7, he or she may require the property owner to provide an
additional or larger outside garbage container for the premise to use.
Reason for amendment: To comply with Gilroy Municipal Code Chapter 5 and Section
12.18 and 12.19.
(37) Amend Section 309.1 to read as follows:
309.1 Infestation. All structures shall be kept free from insect, rodent, vermin, or
other infestations. When an insect, rodent, vermin or other infestation is brought to
the attention of the code official, he or she may require the owner or owner’s
authorized agent having charge or control of the building, lot or premise to hire a
licensed exterminator or other qualified professional to inspect the building, lot or
premise and provide a written report verifying the presence and severity of such
infestation including in the report a recommendation for proper extermination or
elimination of the infestation. All structures and/or areas in which infestations are
found, shall be promptly exterminated by approved processes that will not be
injurious to human health. After extermination of the infestation is complete, the
code official may request a written notice from the licensed exterminator or other
qualified professional attesting to the completion and success of the recommended
extermination procedures. After the infestation is eliminated, proper precautions
shall be taken to prevent reinfestation.
Reason for amendment: California Health and Safety Code Sec 17920.3(12) states
“Infestation of insects, vermin, or rodents as determined by the health officer” renders
dwelling units substandard. The language has been amended to clarify the process.
(38) Amend Section 309.2 to read as follows:
309.2 Owner. The owner of any structure or premise shall be responsible for
extermination within the structure or premise prior to renting or leasing the
structure or premise. The owner of a structure or premise containing a dwelling
unit, multiple occupancy, rooming house, or a nonresidential structure shall be
responsible for maintaining the structure and premise in a rodent and/or pest-free
condition. If an infestation is caused by an occupant substantially failing to
properly maintain their occupied area of the structure or premise “as clean and
sanitary as the condition of the structure or premise permits”. For as long as the
occupant’s failure either substantially causes an unlivable condition to occur, or
substantially interferes with the owner’s ability to repair the condition, the owner
does not have to repair the condition. Where defects in a structure substantially
contribute to or cause an infestation, the owner shall be responsible for correction
of the defect and extermination of the infestation.
Reason for amendment: To agree with California Civil Code Section 1941.2(a).
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Packet Pg. 154 Attachment: Draft Ordinance (4049 : First Reading for Building Code Adoption)
Ordinance No. 2022-XX
Building Code Adoption
City Council Regular Meeting | November 7, 2022
Page 27 of 30
(39) Delete Section 309.3 Single Occupant through Section 309.5 Occupant.
Reason for amendment: Comply with California Tenants Handbook guidelines.
(40) Delete Section 404.5 Overcrowding through Section 404.6 Efficiency unit.
Reason for amendment: Overcrowding is regulated by 1997 Uniform Housing Code
Section 503.2 and Efficiency Units are regulated by California Building Code Section
1208.4.
(41) Amend Section 505.3 by adding the following sentence to the end of the Section:
Where there’s damage or unauthorized modification to or use of a backflow
prevention device, the code official may require theft prevention cages or
enclosures to be installed.
Reason for amendment: To address California Health and Safety Code Section
17920.3(a)(14) improper maintenance.
(42) Amend Section 505.4:
Delete the words: “adequate combustion air is provided” and replace with the
words: “the installation complies with Chapter 5 of the California Plumbing Code
and Section 904.0 of the 2022 California Mechanical Code”
Reason for amendment: To comply with California Plumbing and Mechanical code
requirements.
(43) Amend Section 506.2 by adding the following sentence to the end of the Section:
Sewer line cleanout plugs, or caps shall be of an approved type and shall be
securely installed and remain in place at all times except when servicing the drain
line.
Reason for amendment: To address California Health and Safety Code Section
17920.3(a)(14) improper maintenance.
(44) Amend Section 602.2 to read as follows:
602.2 Residential occupancies. Dwellings shall be provided with heating
facilities capable of maintaining a room temperature of 68°F in all habitable
rooms, bathrooms, and toilet rooms. Cooking appliances, fireplaces and portable
heaters shall not be used as a means to achieve compliance with this section.
Reason for amendment: To align with the Uniform Housing Code Section 701.1
requirements.
(45) Delete the Exception in Section 602.2.
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Packet Pg. 155 Attachment: Draft Ordinance (4049 : First Reading for Building Code Adoption)
Ordinance No. 2022-XX
Building Code Adoption
City Council Regular Meeting | November 7, 2022
Page 28 of 30
Reason for amendment: The Uniform Housing Code has always used 70 degrees as the
standard. The IPMC has revised this standard to 68 degrees and the exception creates a
reduction to 65 degrees. This is considered too low for this area.
(46) Amend Section 602.3 by deleting the words “during the period from [DATE] to
[DATE],”
Reason for amendment: Ability to heat the dwelling unit is required year-round.
(47) Amend Section 602.3, Exception 1, last sentence to read as follows:
The winter outdoor design temperature for the locality shall be 32oF.
Reason for amendment: The Appendix D reference to the Plumbing Code did not clearly
specify the temperature.
(48) Delete Section 602.3 Exceptions 2.
Reason for amendment: The Uniform Housing Code has always used 70 degrees as the
standard. The IPMC has revised this standard to 68 degrees and the exception creates a
reduction to 65 degrees. This is considered too low for this area.
(49) Delete Section 602.4 Occupiable work spaces
Reason for amendment: This is primarily enforced by Cal OSHA.
(50) Amend Section 603.1 to read as follows:
Mechanical equipment, kitchen hoods, appliances, fireplaces, solid fuel-burning
appliances, cooking appliances and water heating appliances shall be properly
installed and maintained in a safe working condition and shall be capable of
performing their intended function. When new mechanical equipment is installed
and the old equipment is no longer in use, the old equipment must be removed
from the structure. Openings left in the walls, floors or ceilings must be properly
repaired and painted. Electrical circuits and gas lines must be properly abandoned
and inspected.
Reason for amendment: To address California Health and Safety Code Section
17920.3(a)(14) improper maintenance.
(51) Amend Section 604.3 to read as follows:
604.3 Electrical system hazards. Where it is found that the electrical system in a
structure constitutes a hazard to the occupants or the structure by reason of
inadequate service, improper fusing, insufficient receptacle and lighting outlets,
improper wiring or installation, deterioration or damage, or for similar reasons
including the improper use of extension cords as permanent wiring, the code
official shall require the defects to be corrected to eliminate the hazard.
11.2.a
Packet Pg. 156 Attachment: Draft Ordinance (4049 : First Reading for Building Code Adoption)
Ordinance No. 2022-XX
Building Code Adoption
City Council Regular Meeting | November 7, 2022
Page 29 of 30
Reason for amendment: To comply with Electrical Code requirements.
(52) Amend Section 605.3 by adding the following sentence to the end of the Section:
No unobstructed beam of exterior lighting shall be directed outward from a site
toward any residential use or public right-of-way.
Reason for amendment: To comply with Gilroy Zoning Code Section 30.50.44(c)
guidelines.
(53) Adopt the following Appendix:
Appendix A – Boarding Standard
(j) Amendments to the Swimming Pool and Spa Code
(1) Adopt no amendments.
SECTION VII
Upon adoption of each new California Building Standards Code, the Ordinance adopting the
previously adopted California Building Standards Code is superseded in its entirety. This
Ordinance does not repeal the 2022 Ordinance that adopts by reference and amends the 2022
California Green Building Standards Code, nor the 2022 Ordinance that adopts by reference and
amends the 2022 California Fire Code.
SECTION VIII
The provisions of this Ordinance are separable, and the invalidity of any phrase, clause,
provision, or part shall not affect the validity of the remainder.
SECTION IX
In accordance with Section 36937 of the Government Code of the State of California, this
Ordinance shall take effect thirty (30) days from and after the date of its final adoption by the
City Council, but no sooner than January 1, 2023.
11.2.a
Packet Pg. 157 Attachment: Draft Ordinance (4049 : First Reading for Building Code Adoption)
Ordinance No. 2022-XX
Building Code Adoption
City Council Regular Meeting | November 7, 2022
Page 30 of 30
PASSED AND ADOPTED this __ day of ____, 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
11.2.a
Packet Pg. 158 Attachment: Draft Ordinance (4049 : First Reading for Building Code Adoption)
City of Gilroy
STAFF REPORT
Agenda Item Title: Introduce an Ordinance Adopting by Reference the 2022
California Green Building Standards Code with
Amendments, and Set a Public Hearing on November 21,
2022, for Adoption of the Ordinance
Meeting Date: November 7, 2022
From: Jimmy Forbis, City Administrator
Department: Community Development Department
Submitted By: Sharon Goei, Community Development Director
Prepared By: Hipolito Olmos, Building Official
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
1. Move to read the Ordinance by title only and waive the first reading beyond
the title.
2. Introduce an Ordinance amending Sections 6.6 and 6.7 of Chapter 6 of the
Gilroy Municipal Code adopting by reference the 2022 California Green
Building Standards Code with amendments.
3. Set a public hearing on November 21, 2022, for the adoption of the
Ordinance, pursuant to California Government Code Section 50022.3.
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Packet Pg. 159
EXECUTIVE SUMMARY
At the August 1, 2022 Council Regular Meeting, staff received Council direction
regarding 2022 reach codes. Staff recommends that the City Council adopt the 2022
California Green Building Standards Code with local amendments related to electric
vehicle (EV) charging and bicycle parking, in accordance with Council direction.
POLICY DISCUSSION
This Ordinance adopts standardized codes and local amendments, fostering sound
governance to ensure health and safety.
BACKGROUND
Every three years, the State of California adopts new building standards organized in
Title 24 of the California Code of Regulations, referred to as the California Building
Standards Code. A city may adopt local amendments that require new development
projects to exceed minimum requirements in the California Green Building Standards
Code (also known as CALGreen). Local amendments to the CALGreen have been
referred to as reach codes.
ANALYSIS
At the August 1, 2022 City Council Regular Meeting, staff received Council direction
regarding 2022 reach codes. Staff recommends that the Council adopt local
amendments to the 2022 California Green Building Standards Code pertaining to
electric vehicle (EV) charging for new residential and non-residential construction, and
bicycle parking, in accordance with Council direction.
The proposed local amendments for Gilroy were based on the model c ode amendment
initiated by Silicon Valley Clean Energy and incorporated adjustments resulting from
outreach and stakeholder input from the local community. The proposed reach code
amendments will provide a higher percentage of charging infrastructure in ne w
construction through a combination of Level 2 electric vehicle supply equipment (EVSE)
and Low Power Level 2 Electric Vehicle (EV) Charging Receptacle with varying
readiness. Please see Attachment 1 for the code amendment language, and
Attachment 2 for a summary of proposed Green Building reach codes for more details
on the proposed EV charging amendments. Adopting the proposed EV reach codes will
help reduce greenhouse gas (GHG) emissions, save on future retrofit costs, and
stimulate the use of electric vehicles in the Gilroy community.
In addition, the inclusion of the long-term bicycle parking standards for multifamily
buildings and long-term bicycle parking for hotels and motels is consistent with
Council’s direction to include more bicycle parking a vailability and promote the use of
bicycles as an affordable sustainable method of transportation. All long -term bicycle
parking is covered and secure.
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Packet Pg. 160
The new code with any approved local amendments will become effective on January 1,
2023.
The City of Gilroy is participating in the Silicon Valley Clean Energy reach code grant
offering, which will provide $10,000 for presenting reach codes to the City Council for
consideration. Please see Attachment 3 for the SVCE Letter of Interest for the $10,000
grant.
ALTERNATIVES
The City Council may adopt the new codes without any of the amendments; adopt the
new codes with only a portion of the amendments; or adopt the new codes with
modifications to the amendments. Staff does not recommend these actions. Withou t the
code adoption with local amendments, which are based on Council direction regarding
reach codes, it would be challenging to encourage increased quantities of electric
vehicle charging infrastructure requirements. An added benefit to enacting the loca l
amendments (reach codes) now is avoiding the higher costs of retrofitting buildings later
and decreasing the inconvenience to tenants.
FISCAL IMPACT/FUNDING SOURCE
There is no cost to the City other than administrative staff time. The City will receive a
$10,000 reach code grant from SVCE to help defray costs associated with developing
code amendments.
CONCLUSION
The adoption of building codes by reference with local amendments provides for an
increased level of health and safety for Gilroy residents and businesses.
Attachments:
1. Draft Ordinance
2. Summary of proposed Green Building reach codes (proposed amendments to the
2022 California Green Building Standards Code)
3. SVCE Letter of Interest (LOI) for $10,000 Reach Code Grant
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ORDINANCE NO. 2022-XX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GILROY AMENDING SECTIONS 6.6 AND 6.7 OF
CHAPTER 6 OF THE GILROY MUNICIPAL CODE
ADOPTING BY REFERENCE THE 2022 CALIFORNIA
GREEN BUILDING STANDARDS CODE WITH
AMENDMENTS
WHEREAS, the California Building Standards Commission has adopted and published
an updated Title 24 of the California Code of Regulations, also referred to as the 2022 California
Building Standards Code, that will become effective statewide on January 1, 2023; and
WHEREAS, California Health and Safety Code Sections 17958, 17958.5, 17958. 7 and
18941.5 establish the authority for a city to adopt and make local amendments and modifications
to the building standards in the California Building Standards Code to establish more restrictive
building standards than those contained in the California Building Standards Code; and
WHEREAS, California Health and Safety Code Sections 17958, 17958.5, 17958.7 and
18941.5 permit a city to make such local amendments and modifications as the city determines
are reasonably necessary because of local climatic, geological or topographical conditions; and
WHEREAS, California Health and Safety Code Sections 17958, 17958.5, 17958.7 and
18941.5 require a city, before making any amendments and modifications to the California
Building Standards Code, make an express finding that such amendments and modifications are
reasonably necessary because of local climatic, geological or topographical conditions; and
WHEREAS, the City of Gilroy has reviewed and intends to adopt the 2022 California
Green Building Standards Code; and
WHEREAS, the City Council wishes to amend portions of the California Green Building
Standards Code to better address local conditions and makes express findings that such
amendments are reasonably necessary because of local climatic, geological or topographical
conditions as set forth in this Ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES
ORDAIN AS FOLLOWS:
SECTION I
The City Council has duly considered the full record before it, which may include but is not
limited to the staff report, testimony by staff and the public, and other materials and evidence
submitted or provided to the City Council. Furthermore, the recitals set forth above are found to
be true and correct and are incorporated herein by reference.
11.3.a
Packet Pg. 162 Attachment: Draft Ordinance (4050 : First Reading for Green Building Code Adoption (Reach Code))
Ordinance No. 2022-XX
Green Building Code Adoption
City Council Regular Meeting | November 7, 2022
Page 2 of 12
SECTION II
The City Council hereby finds and determines that this Ordinance has been assessed in
accordance with the California Environmental Quality Act (Cal. Pub. Res. Code, § 21000 et seq.)
(“CEQA”) and the State CEQA Guidelines (14 Cal. Code Regs. § 15000 et seq.) and is
categorically exempt from CEQA under CEQA Guidelines, § 15061(b)(3), which exempts from
CEQA any project where it can be seen with certainty that there is no possibility that the activity
in question may have a significant effect on the environment. Adoption of the proposed
Ordinance would not be an activity with potential to cause significant effect on the environment
because the changes made to the California Building Standards Code within are enacted to
mitigate the threats posed to public peace, health and safety from earthquakes, storms, floods,
high winds and fire, and therefore is exempt from CEQA. Therefore, it can be seen with certainty
that there is no possibility that the Ordinance in question may have a significant effect on the
environment; accordingly, the Ordinance is categorically exempt from CEQA.
SECTION III
To adopt the code by reference for the City of Gilroy, Section 6.6 of Chapter 6 of the Gilroy
Municipal Code is hereby amended by adding the following after 6.6-2(j):
(k) The 2022 California Green Building Standards Code, published by the International Code
Council, Inc. and the California Building Standards Commission in Part 11 of Title 24 of
the California Code of Regulations, also known as the CALGreen Code, is hereby
adopted and referred to, and by this reference expressly incorporated and made a part of
this Chapter as though fully set forth herein. The adoption includes Appendices A4, A5,
and A6.1. Amendments, if any, are set forth in Section 6.7(k). The 2022 California Green
Building Standards Code shall be designated and referred to as the “Green Building
Standards Code” for the City of Gilroy. There is one copy of said Code on file in the
office of the Building Official for use and examination by the public.
SECTION IV
Pursuant to California Health and Safety Code Sections 17958. 7 and 18941 .5, the City Council
hereby finds that the amendments are reasonably necessary due to local climatic conditions as set
forth below.
The effects of climate change caused by Greenhouse Gas (GHG) emissions are increasingly self-
evident and costly. Higher temperatures contribute to record heat waves and droughts, rising sea
levels, more intense storms, wildfires, and floods.
Climate change is the fundamental design problem of our time. The threat of climate change is
existential, and buildings and transportation are significant contributors.
Amending the below-referenced code sections is necessary to combat the ever -increasing
harmful effects of climate change. Implementing the proposed reach code amendments will
11.3.a
Packet Pg. 163 Attachment: Draft Ordinance (4050 : First Reading for Green Building Code Adoption (Reach Code))
Ordinance No. 2022-XX
Green Building Code Adoption
City Council Regular Meeting | November 7, 2022
Page 3 of 12
provide an accelerated path to reduce Greenhouse Gas (GHG) emissions and carbonization to
stem the tide of GHG emissions and the effects of global warming and climate change.
SECTION V
To amend the code, Section 6.7 of Chapter 6 of the Gilroy Municipal Code is hereby amended
by adding the following after 6.7(j):
(k) Amendments to the Green Building Standards Code
(1) Add to Section 2 Definitions as follows:
AFFORDABLE HOUSING. Residential buildings that entirely consist of units below
market rate and whose rents or sales prices are governed by local agencies to be
affordable based on area median income.
LOAD MANAGEMENT SYSTEM (ALMS). A control system designed to manage
load across one or more electric vehicle supply equipment (EVSE), circuits, panels and to
share electrical capacity and/or automatically manage power at each connection point.
ALMS systems shall be designed to deliver no less than 3.3 kVa (208/240 volt, 16-
ampere) to each EV Capable, EV Ready or EVCS space served by the ALMS, and meet
the requirements of California Electrical Code Article 625. The connected amperage to
the building site for the EV charging infrastructure shall not be lower than the required
connected amperage per California Green Building Standards Code, Title 24 Part 11.
DIRECT CURRENT FAST CHARGING (DCFC). A parking space provided with
electrical infrastructure that meets the following conditions:
i. A minimum of 48 kVa (480 volt, 100-ampere) capacity wiring.
ii. Electric vehicle supply equipment (EVSE) located within three (3) feet of the
parking space providing a minimum capacity of 80-ampere.
ELECTRIC VEHICLE CHARGING STATION (EVCS). A parking space that
includes installation of electric vehicle supply equipment (EVSE) at an EV Ready space.
An EVCS space may be used to satisfy EV Ready space requirements. EVSE shall be
installed in accordance with the California Electrical Code, Article 625.
LEVEL 2 EV CAPABLE. A parking space provided with electrical infrastructure that
meets the following requirements:
i. Conduit that links a listed electrical panel with sufficient capacity to a junction
box or receptacle located within three (3) feet of the parking space.
ii. The conduit shall be designed to accommodate at least 8.3 kVa (208/240 volt, 40-
ampere) per parking space. Conduit shall have a minimum nominal trade size of 1
inch inside diameter and may be sized for multiple circuits as allowed by the
California Electrical Code. Conduit shall be installed at a minimum in spaces that
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Packet Pg. 164 Attachment: Draft Ordinance (4050 : First Reading for Green Building Code Adoption (Reach Code))
Ordinance No. 2022-XX
Green Building Code Adoption
City Council Regular Meeting | November 7, 2022
Page 4 of 12
will be inaccessible after construction, either trenched underground or where
penetrations to walls, floors, or other partitions would otherwise be required for
future installation of branch circuits, and such additional elements deemed
necessary by the Building Official. Construction documents shall indicate future
completion of conduit from the panel to the parking space, via the installed
inaccessible conduit.
iii. The electrical panel shall reserve a space for a 40-ampere overcurrent protective
device space(s) for EV charging, labeled in the panel directory as “EV
CAPABLE.”
iv. Electrical load calculations shall demonstrate that the electrical panel service
capacity and electrical system, including any on-site distribution transformer(s),
have sufficient capacity to simultaneously charge all EVs at all required EV
spaces at a minimum of 40 amperes.
v. The parking space shall contain signage with at least a 12” font adjacent to the
parking space indicating the space is EV Capable.
LEVEL 1 EV READY. A parking space that is served by a complete electric circuit with
the following requirements:
i. A minimum of 2.2 kVa (110/120 volt, 20-ampere) capacity wiring.
ii. A receptacle labeled “Electric Vehicle Outlet” or electric vehicle supply
equipment located within three (3) feet of the parking space. If EVSE is provided
the minimum capacity of the EVSE shall be 16-ampere.
iii. Conduit oversized to accommodate future Level 2 EV Ready (208/240 volt, 40-
ampere) at each parking space.
LEVEL 2 EV READY. A parking space that is served by a complete electric circuit with
the following requirements:
i. A minimum of 8.3 kVa (208/240 volt, 40-ampere) capacity wiring.
ii. A receptacle labeled “Electric Vehicle Outlet” or electric vehicle supply
equipment located within three (3) feet of the parking space. If EVSE is provided
the minimum capacity of the EVSE shall be 30-ampere.
LOW POWER LEVEL 2 EV READY. A parking space that is served by a complete
electric circuit with the following requirements:
i. A minimum of 4.1 kVA (208/240 Volt, 20-ampere) capacity wiring.
ii. A receptacle labeled “Electric Vehicle Outlet” or electric vehicle supply
equipment located within three (3) feet of the parking space. If EVSE is provided
the minimum capacity of the EVSE shall be 16-ampere.
iii. Conduit oversized to accommodate future Level 2 EV Ready (208/240 volt, 40-
ampere) at each parking space.
(2) Amend Section 301.1.1 to read as follows:
301.1.1 Additions and alterations.
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Packet Pg. 165 Attachment: Draft Ordinance (4050 : First Reading for Green Building Code Adoption (Reach Code))
Ordinance No. 2022-XX
Green Building Code Adoption
City Council Regular Meeting | November 7, 2022
Page 5 of 12
[HCD] The mandatory provisions of Chapter 4 shall be applied to additions or alterations
of existing residential buildings where the addition or alteration increases the building’s
conditioned area, volume, or size. The requirements shall apply only to and/or within the
specific area of the addition or alteration. (No change to existing California amendment.)
The mandatory provisions of Section 4.106.4.2 may apply to additions or alterations of
existing parking facilities or the addition of new parking facilities serving existing
multifamily buildings.
The mandatory provisions of Section 5.106.5.3 may apply to additions or alterations of
existing parking facilities or the addition of new parking facilities serving existing
nonresidential buildings.
NOTE: Repairs including, but not limited to, resurfacing, restriping, and repairing or
maintaining existing lighting fixtures are not considered alterations for the purpose of this
section.
(3) Amend Section 4.106.4 to read as follows:
4.106.4 Electric vehicle (EV) charging. Residential construction shall comply with
Section 4.106.4.1 or 4.106.4.2, and 4.106.4.3, to facilitate future installation and use of
EV chargers. Electric vehicle supply equipment (EVSE) shall be installed in accordance
with the California Electrical Code, Article 625. For EVCS signs, refer to Caltrans
Traffic Operations Policy Directive 13-01 (Zero Emission Vehicle Signs and Pavement
Markings) or its successor(s). Calculation for spaces shall be rounded up to the nearest
whole number.
Exceptions:
1. On a case-by-case basis, where the local enforcing agency has determined EV
charging and infrastructure are not feasible based upon one or more of the following
conditions:
1.1. Where there is no local utility power supply or the local utility is unable to
supply adequate power.
1.2. Where there is evidence suitable to the local enforcing agency substantiating that
additional local utility infrastructure design requirements, directly related to the
implementation of Section 4.106.4, may increase construction cost by an average
of $4,500 per parking space for market rate housing or $400 per parking space
for affordable housing. EV infrastructure shall be provided up to the level that
would not exceed this cost for utility service.
2. Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU)
without additional parking facilities and without electrical panel upgrade or new
panel installation. Detached ADUs, attached ADUs, and JADUs without additional
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Ordinance No. 2022-XX
Green Building Code Adoption
City Council Regular Meeting | November 7, 2022
Page 6 of 12
parking but with electrical panel upgrades or new panels must have reserved breakers
and electrical capacity according to the requirements of 4.106.4.1.
3. Multifamily residential R-2 building projects that have approved entitlements before
the code effective date shall provide, based on the total number of parking spaces, at
least five percent (5%) with EVCS Level 2 EV Ready, twenty-five percent (25%)
with Low Power Level 2 EV Ready, and ten percent (10%) with Level 2 EV Capable
according to 2022 California Green Building Standards Code requirements.
(4) Amend Section 4.106.4.1 title to read as follows:
4.106.4.1 One- and two-family dwellings and townhouses with private garages.
(5) Amend Section 4.106.4.1.1 to read as follows:
4.106.4.1.1 New Construction. One parking space provided shall be a Level 2 EV Ready
space.
(6) Add Section 4.106.4.1.2 as follows:
4.106.4.1.2 Existing Building. Parking additions or electrical panel upgrades must have
reserved breaker spaces and electrical capacity according to the requirements of
4.106.4.1.1.
(7) Amend Section 4.106.4.2 to read as follows:
4.106.4.2 Multifamily dwellings, with new residential parking facilities. Requirements
apply to parking spaces that are assigned or leased to individual dwelling units, as well as
unassigned residential parking. Visitor or common area parking is not included.
(8) Amend Section 4.106.4.2.1 to read as follows:
4.106.4.2.1 New Construction. Forty percent (40%) of dwelling units with parking
spaces shall be EVCS with Level 2 EV Ready. ALMS shall be permitted to reduce load
when multiple vehicles are charging. Sixty percent (60%) of dwelling units with parking
spaces shall be provided with at minimum a Level 1 EV Ready space. EV ready spaces
and EVCS in multifamily developments shall comply with California Building Code,
Chapter 11A, Section 1109A. EVCS shall comply with the accessibility provisions for
EV chargers in the California Building Code, Chapter 11B.
Note: The total number of EV spaces should be one hundred percent (100%) of dwelling
units or one hundred percent (100%) of parking spaces, whichever is less.
(9) Amend Section 4.106.4.2.2 to read as follows:
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Ordinance No. 2022-XX
Green Building Code Adoption
City Council Regular Meeting | November 7, 2022
Page 7 of 12
4.106.4.2.2 Existing Buildings.
1. When new parking facilities are added, or electrical systems or lighting of existing
parking facilities are added or altered and the work requires a building permit, ten
percent (10%) of the total number of parking spaces added or altered shall be EVCS.
Any existing EV Capable spaces on the building property required by the locally
adopted codes at the time of building permit shall be upgraded to a minimum of Level
1 EV Ready. Upgrades shall be required at currently designated vehicle parking
spaces. Upgrades shall be required for remaining parking spaces after meeting the
accessibility requirements of California Building Code Chapters 11A and 11B.
2. When new parking facilities are added and ALMS is installed, the ALMS system
must be designed to deliver no less than 2.2 kVa (110/120 volt, 20-ampere).
(10) Delete Section 4.106.4.2.2.1.3 Accessible EV spaces.
(11) Delete Section 4.106.4.2.3 EV space requirements.
(12) Delete Section 4.106.4.2.4 Identification.
(13) Delete Section 4.106.4.2.5 Electrical vehicle ready space signage.
(14) Amend Section 4.106.4.3 to read as follows:
4.106.4.3 Electric vehicle charging stations (EVCS).
Electric vehicle charging stations required by Section 4.106.4.2, shall comply with
Section 4.106.4.3
Exception: Electric vehicle charging stations serving public accommodations, public
housing, motels, and hotels shall not be required to comply with this section. See
California Building Code, Chapter 11B, for applicable requirements.
(15) Add Section 4.106.4.3.1 to read as follows:
4.106.4.3.1 Location.
EVCS shall comply with at least one of the following options:
1. The charging space shall be located adjacent to an accessible parking space meeting
the requirements of the California Building Code, Chapter 11A, to allow use of the
EV charger from the accessible parking space.
2. The charging space shall be located on an accessible route, as defined in the
California Building Code, Chapter 2, to the building.
Exception: Electric vehicle charging stations designed and constructed in
compliance with the California Building Code, Chapter 11B, are not required to
comply with Section 4.106.4.3.1 and Section 4.106.4.3.2, Item 3.
11.3.a
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Ordinance No. 2022-XX
Green Building Code Adoption
City Council Regular Meeting | November 7, 2022
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(16) Add Section 4.106.4.3.2 to read as follows:
4.106.4.3.2 Dimensions.
The charging spaces shall be designed to comply with the following:
1. The minimum length of each EV space shall be 18 feet (5486 mm).
2. The minimum width of each EV space shall be 9 feet (2743 mm).
3. One in every 25 charging spaces, but not less than one, shall also have an 8- foot
(2438 mm) wide minimum aisle. A 5-foot (1524 mm) wide minimum aisle shall be
permitted provided the minimum width of the EV space is 12 feet (3658 mm).
a. Surface slope for this EV space and the aisle shall not exceed 1 unit vertical in
48 units horizontal (2.083 percent slope) in any direction.
Exception: Where the City’s Municipal or Zoning Code permits parking space
dimensions that are less than the minimum requirements stated in this section
4.106.4.3.2, and the compliance with which would be infeasible due to particular
circumstances of a project, an exception may be granted while remaining in
compliance with California Building Code Section Table 11B-228.3.2.1 and 11B-
812, as applicable.
(17) Add Section 4.106.4.4 to read as follows:
4.106.4.4 Direct current fast charging stations. One DCFC may be substituted for up to
five (5) EVCS to meet the requirements of 4.106.4.1 and 4.106.4.2. Where ALMS serve
DCFC stations, the power demand from the DCFC shall be prioritized above Level 1 and
Level 2 spaces.
(18) Amend Section 5.106.5.3 to read as follows:
5.106.5.3 Electric vehicle (EV) charging.
Construction to provide electric vehicle infrastructure and facilitate electric vehicle
charging shall comply with Section 5.106.5.3.1 and shall be provided in accordan ce with
regulations in the California Building Code and the California Electrical Code.
Accessible EVCS shall be provided in accordance with the California Building Code
Chapter 11B Section 11B-228.3. For EVCS signs, refer to Caltrans Traffic Operations
Policy Directive 13-01 (Zero Emission Vehicle Signs and Pavement Markings) or its
successor(s). Calculation for spaces shall be rounded up to the nearest whole number.
Exceptions:
1. On a case-by-case basis where the local enforcing agency has determined
compliance with this section is not feasible based upon one of the following
conditions:
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Ordinance No. 2022-XX
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a. Where there is no local utility power supply.
b. Where the local utility is unable to supply adequate power.
c. Where there is evidence suitable to the local enforcement agency
substantiating that additional local utility infrastructure design
requirements, directly related to the implementation of Section 5.106.5.3,
may increase construction cost by an average of $4,500 per parking space.
EV infrastructure shall be provided up to the level that would not exceed
this cost for utility service.
2. Parking spaces accessible only by automated mechanical car parking systems are
not required to comply with this code section.
(19) Amend Section 5.106.5.3.1 to read as follows:
5.106.5.3.1 Nonresidential Occupancy Class B Offices – Shared PARKING Space.
5.106.5.3.1.1 New Construction. Twenty percent (20%) of parking spaces shall be
EVCS with Level 2 EV Ready. ALMS shall be permitted to reduce load when multiple
vehicles are charging. Thirty percent (30%) of parking spaces provided shall be Level 2
EV Capable.
5.106.5.3.1.2 Existing Buildings. When new parking facilities are added, or electrical
systems or lighting of existing parking facilities are added or altered and the work
requires a building permit, ten percent (10%) of the total number of parking spaces added
or altered shall be EVCS with Level 2 EV Ready. Any existing EV Capable spaces on the
building property required by the locally adopted codes at the time of building permit
shall be upgraded to a minimum of Level 1 EV Ready. Upgrades shall be required at
currently designated vehicle parking spaces. Upgrades shall be required for remaining
parking spaces after meeting the accessibility requirements of California Building Code
Chapters 11A and 11B.
(20) Delete Table 5.106.5.3.1.
(21) Amend Section 5.106.5.3.2 to read as follows:
5.106.5.3.2 Hotel and Motel Occupancies – Shared Parking Facilities.
5.106.5.3.2.1 New Construction. Five percent (5%) of parking spaces provided shall be
EVCS with Level 2 EV Ready. ALMS shall be permitted to reduce load when multiple
vehicles are charging. Twenty-five percent (25%) of parking spaces provided shall be
Low Power Level 2 EV Ready space. Ten percent (10%) of parking spaces provided shall
be Level 2 EV Capable.
(22) Amend Section 5.106.5.3.3 to read as follows:
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Ordinance No. 2022-XX
Green Building Code Adoption
City Council Regular Meeting | November 7, 2022
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5.106.5.3.3 All Other Nonresidential Occupancies – Shared Parking Facilities.
5.106.5.3.3.1 New Construction. Ten percent (10%) of parking spaces provided shall be
EVCS with Level 2 EV Ready. ALMS shall be permitted to reduce load when multiple
vehicles are charging. Ten percent (10%) of parking spaces provided shall be Level 2 EV
Capable.
5.106.5.3.3.2 Existing Buildings. When new parking facilities are added, or electrical
systems or lighting of existing parking facilities are added or altered and the work
requires a building permit, ten percent (10%) of the total number of parking spaces added
or altered shall be EVCS with Level 2 EV Ready. Any existing EV Capable spaces on the
building property required by the locally adopted codes at the time of building permit
shall be upgraded to a minimum of Level 1 EV Ready. Upgrades shall be required at
currently designated vehicle parking spaces. Upgrades shall be required for remaining
parking spaces after meeting the accessibility requirements of California Building Code
Chapters 11A and 11B.
(23) Amend Section 5.106.5.3.4 to read as follows:
5.106.5.3.4 Direct current fast charging stations. One DCFC may be substituted for up
to five (5) EVCS to meet the requirements of 5.106.5.3.1, 5.106.5.3.2, and 5.106.5.3.3.
Where ALMS serve DCFC stations, the power demand from the DCFC shall be
prioritized above Level 1 and Level 2 spaces.
(24) Amend Section 5.106.5.4 to read as follows:
5.106.5.4 Electric vehicle charging readiness: medium-duty and heavy-duty. [N]
Construction shall comply with Section 5.106.5.4.1 to facilitate future installation of
electric vehicle supply equipment (EVSE). Construction for warehouses, grocery stores
and retail stores with planned off-street loading spaces shall also comply with Section
5.106.5.4.1 for future installation of medium- and heavy-duty EVSE. Accessible EVCS
shall be provided in accordance with the California Building Code Chapter 11B Section
11B-228.3. For EVCS signs, refer to Caltrans Traffic Operations Policy Directive 13-01
(Zero Emission Vehicle Signs and Pavement Markings) or its successor(s).
Exceptions:
1. On a case-by-case basis where the local enforcing agency has determined compliance
with this section is not feasible based upon one of the following conditions:
a. Where there is no local utility power supply.
b. Where the local utility is unable to supply adequate power.
c. Where there is evidence suitable to the local enforcing agency substantiating that
additional local utility infrastructure design requirements, directly related to the
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Ordinance No. 2022-XX
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City Council Regular Meeting | November 7, 2022
Page 11 of 12
implementation of Section 5.106.5.3, may increase construction cost by an
average of $4,500 per parking space. EV infrastructure shall be provided up to the
level that would not exceed this cost for utility service.
(25) Amend Section 5.106.5.4.1 title to read as follows:
5.106.5.4.1 Warehouses, grocery stores and retail stores with planned off-street
loading spaces.
(26) Adopt the following Appendix:
Appendix A4 – Residential Voluntary Measures
Appendix A5 – Nonresidential Voluntary Measures
Appendix A6.1 – Voluntary Standards for Health Facilities
(27) Amend Section A4.106.9.2 to read as follows:
A4.106.9.2 Long-term bicycle parking for multifamily buildings. Provide on-site
bicycle parking for at least one bicycle per every one dwelling unit. Acceptable parking
facilities shall be conveniently reached from the street and may include, but not be
limited to:
1. Covered, lockable enclosures with permanently anchored racks for bicycles.
2. Lockable bicycle rooms with permanently anchored racks.
3. Lockable, permanently anchored bicycle lockers.
(28) Amend Section A4.106.9.3 to read as follows:
A4.106.9.3 Long-term bicycle parking for hotel and motel buildings. Provide one on-
site bicycle parking space for every 25 rooms (for employees and guests).
Acceptable parking facilities shall be conveniently reached from the street and may
include, but not be limited to:
1. Covered, lockable enclosures with permanently anchored racks for bicycles.
2. Lockable bicycle rooms with permanently anchored racks.
3. Lockable, permanently anchored bicycle lockers.
SECTION VI
Upon adoption of each new California Building Standards Code, the Ordinance adopting the
previously adopted California Building Standards Code is superseded in its entirety. This
Ordinance does not repeal the 2022 Ordinance that adopts by reference and amends parts of the
2022 California Building Standards Code, nor the 2022 Ordinance that adopts by reference and
amends the 2022 California Fire Code.
11.3.a
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Ordinance No. 2022-XX
Green Building Code Adoption
City Council Regular Meeting | November 7, 2022
Page 12 of 12
SECTION VII
The provisions of this Ordinance are separable, and the invalidity of any phrase, clause,
provision, or part shall not affect the validity of the remainder.
SECTION VIII
In accordance with Section 36937 of the Government Code of the State of California, this
Ordinance shall take effect thirty (30) days from and after the date of its final adoption by the
City Council, but no sooner than January 1, 2023.
PASSED AND ADOPTED this __ day of ____, 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
11.3.a
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SUMMARY
Gilroy 2022 Green Building Reach Codes
Proposed Amendments to the 2022 California Green Building Standards Code (Reach
Codes)
Staff worked with Silicon Valley Clean Energy (SVCE) to establish new construction Electric
Vehicle (EV) requirements which are more in line with local EV adoption trends, while
providing flexibility for the developer and keeping construction costs as low as possible.
California Green Building Standards Code (CALGreen) covers items such as electric vehicle
charging infrastructure, water efficiency, material conservation, environmental quality, and
bicycle parking.
Electric Vehicle Charging Infrastructure Categories and 20 22 CALGreen EV Requirements
Electric Vehicle charging requirements in California can g enerally be broken into three
categories:
• EV Charging Installed: All supply equipment is installed at a parking space, such that
an EV can charge without additional equipment.
• EV Ready: Parking space is provided with all power supply and associated outle t,
such that a charging station can be plugged in and a vehicle can charge.
• EV Capable: Conduit is installed to parking space, and building electrical system has
ample capacity to serve future load. An electrician would be required to complete the
circuit before charging is possible.
EV charging capacity and speed can be summarized in three categories:
• Level 1: Capable of charging at 120V, 20A. This is the equivalent to a standard home
outlet.
• Level 2: Capable of charging at 240V, 30-40A. This is the service capacity typically
used for larger appliance loads in homes.
• Level 3 (DC Fast Charging): Capable of charging at 20 -400kW. This is the type of
charger used for Tesla Superchargers and DC Fast Chargers at some supermarkets.
The 2022 California Green Building Standards Code increases requirements for electric
vehicle charging infrastructure in new construction, including the following:
• New one- and two-family dwellings and townhouses with attached private garages:
Must be Level 2 EV-capable.
• Multi-family dwellings: 10% of parking spaces must be Level 2 EV-capable.
• Non-residential: 10% of parking spaces must be Level 2 EV-capable.
Proposed Amendments for EV Infrastructure for New Buildings in 2022 CALGreen
While the code amendment language can be found in the proposed ordinance, proposed
amendments (reach code) for EV infrastructure for new buildings is summarized below:
Residential Buildings
• New one- and two-family dwellings and town-houses with private garages: Level 2
EV-ready.
11.3.b
Packet Pg. 174 Attachment: Summary of proposed Green Building reach codes (proposed amendments to the 2022 California Green Building Standards Code)
• Multi-family dwellings: 40% of parking spaces must be Level 2 EV-Ready and 60%
of parking spaces must be Level 1 EV-Ready. The total number of EV spaces shall
be one hundred percent (100%) of dwelling units or one hundred percent (100%) of
parking spaces, whichever is less.
Office Buildings
• New Construction: 20% of spaces shall be Level 2 EV Ready; 30% Level 2 Capable
• Existing: 10% of added or altered spaces Level 2 EV Ready
Other Nonresidential Buildings
• New Construction: 10% of spaces shall be Level 2 EV Ready; 10% Level 2 Capable
• Existing: 10% of added or altered spaces Level 2 EV Ready
• One DC Fast Charge may be substituted for up to five (5) EVCS to meet the
requirements of 5.106.5.3.1, 5.106.5.3.2, and 5.106.5.3.3. Where Automatic Load
Management System serve DC Fast Charge stations, the power demand from the
DC Fast Charge shall be prioritized above Level 1 and Level 2 spaces.
Residential Voluntary Measures – Bicycle Parking
• Short-term bicycle parking: Provide permanently anchored, readily visible bicycle
racks within 100 feet of the visitor's entrance for 5% of visitor motorized vehicle
parking capacity with a minimum of one two-bike capacity rack.
• Long-term bicycle parking:
o Multifamily – provide at least one bicycle space per unit.
o Hotel/Motel – provide one on-site bicycle parking space per 25 rooms (for
employee and guests).
• Parking facilities shall be conveniently reached from the street and may include, but
not be limited to:
1. Covered, lockable enclosures with permanently anchored racks for bicycles.
2. Lockable bicycle rooms with permanently anchored racks.
3. Lockable, permanently anchored bicycle lockers.
11.3.b
Packet Pg. 175 Attachment: Summary of proposed Green Building reach codes (proposed amendments to the 2022 California Green Building Standards Code)
11.3.c
Packet Pg. 176 Attachment: SVCE Letter of Interest (LOI) for $10,000 Reach Code Grant (4050 : First Reading for Green Building Code Adoption (Reach Code))
11.3.c
Packet Pg. 177 Attachment: SVCE Letter of Interest (LOI) for $10,000 Reach Code Grant (4050 : First Reading for Green Building Code Adoption (Reach Code))
City of Gilroy
STAFF REPORT
Agenda Item Title: Introduce an Ordinance Adopting by Reference the 2022
California Fire Code with Amendments, and Set a Public
Hearing on November 21, 2022, for Adoption of the
Ordinance
Meeting Date: November 7, 2022
From: Jimmy Forbis, City Administrator
Department: Community Development Department
Submitted By: Sharon Goei, Community Development Director
Prepared By: Jonathan Crick, Hazardous Materials Supervisor/Deputy Fire
Marshal
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
1. Move to read the Ordinance by title only and waive the first reading beyond
the title.
2. Introduce an Ordinance amending Sections 10.9 and 10.10 of Chapter 10 of
the Gilroy Municipal Code adopting by reference the 2022 California Fire
Code with amendments.
3. Set a public hearing on November 21, 2022, for the adoption of the
Ordinance, pursuant to California Government Code Section 50022.3.
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EXECUTIVE SUMMARY
Every three years, the California Building Standards Commission adopts new building
standards and publishes the California Building Standards Code, which governs the
design and construction of buildings and associated facilities and equipment throughout
California. In accordance with California Health and Safety Code, a city may establish
more restrictive building standards than those in the California Building Standards Code
if the city finds that local amendments are reasonably necessary because of local
climatic, geological, or topographical conditions. Staff recommends that the City Council
adopt the 2022 California Fire Code with local amendments to ensure that buildings and
structures in Gilroy will safeguard the public's health, safety, and general welfare.
POLICY DISCUSSION
This Ordinance adopts standardized codes and local amendments, fostering sound
governance to ensure health and safety.
BACKGROUND
Every three years, the International Codes (model codes) are updated, revised, and
published. Corresponding to the publishing of these model codes, the California
Building Standards Commission (CBSC) amends and adopts the model codes as the
California Building Standards Code.
Title 24 of the California Code of Regulations, also referred to as the California Building
Standards Code, governs the design and construction of buildings and associated
facilities and equipment throughout California. The California Building Standards Code
includes the California Fire Code. It is updated and published on a triennial basis by the
California Building Standards Commission by order of the California legislatur e. This
regular update is referred to as a “code cycle.” Each code cycle update improves safety,
sustainability, and resiliency, and incorporates new technology, design, and
construction methods. Throughout each code adoption cycle, amendments to the codes
are developed through an extensive public participation process. In July 2022, the
CBSC published the 2022 edition of the California Building Standards Code, making this
year a code adoption year.
The building regulations in the California Building Stand ards Code have the same force
of law and take effect 180 days after their publication. On January 1, 2023, the 2022
California Building Standards Code will become effective statewide. This 2022 Code
has prompted jurisdictions statewide to adopt the new code and complete local
amendments as necessary.
In accordance with California Health and Safety Code, a city may establish more
restrictive building standards than those in the California Building Standards Code if the
city makes an express finding that each amendment is reasonably necessary because
of local climatic, geological, or topographical conditions.
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ANALYSIS
To maintain the City’s prior code amendments in the Fire Code and make further
additions and/or changes to the new code, it is important that the City adopts and
amends the 2022 California Fire Code.
Technical amendments supplement the State Code to reflect local conditions and
hazards and are deemed necessary to maintain the current level of protection
throughout the City of Gilroy that has b een provided through the current Gilroy Fire
Code. The language in the attached ordinance provides for the adoption of the 2022
California Fire Code, as well as the recommended amendments. Together they become
the Gilroy Fire Code.
The proposed local amendments meet several needs. They provide requirements that
are specific to the needs of the City of Gilroy. They provide consistent countywide
requirements recommended by the Santa Clara County Fire Chiefs. They also maintain
prior amendments to keep the current level of protection.
Certain climatic, geological, and/or topographical features can have a detrimental effect
on emergency fire protection and emergency medical services in the City of Gilroy. The
Fire Department has determined that the proposed modifications to the 2022 California
Fire Code are reasonably necessary due to local climatic, geological, and topographical
conditions.
The amendments set forth in the attached ordinance establish the requirements of the
2022 Gilroy Fire Code. All Santa Clara County Fire Departments, through the Santa
Clara County Fire Marshal’s Fire Code Work Group (a subcommittee of the Santa Clara
County Fire Chiefs’ Association), have worked toward making the Code more uniform
throughout the County. Many of the proposed amendments to the Gilroy Fire Code were
developed in cooperation with other cities and fire districts within Santa Clara County to
provide regulatory consistency. Except for the administrative sections of the Code,
many of the amendments presented are proposed for adoption by most fire agencies in
Santa Clara County.
As in prior code cycles, several amendments maintain the Hazardous Materials
regulations that were jointly adopted by Santa Clara County and its cities which have
carried over to this code cycle. These amendments are primarily to Chapters 50 -60
(hazardous materials) of the California Fire Code and are re-adopted each code cycle if
the California Fire Code does not contain these specific provisions. Several of the
amendments are to Chapter 49 of the California Fire Code to include provisions for
construction in the Wildland Urban Interface (WUI) fire areas. The State requires that
local fire agencies review and adopt codes for such areas. This is especially important
in Gilroy, which borders wildland areas called “State Responsibility Areas.”
Adopting the new 2022 California Fire Code with local amendments will ensure that
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buildings and structures in Gilroy will safeguard the public's health, safety, and general
welfare. Therefore, staff recommends that the Council introduce the proposed
ordinance adopting the 2022 California Fire Code with amendments and set a public
hearing on November 21, 2022. This timeline will allow notice of the public hearing to be
published once a week for two successive weeks pursuant to Government Code
Section 6066. The new code with any approved local amendments will become effective
on January 1, 2023.
ALTERNATIVES
The City Council may adopt the new code without any of the amendments; adopt the
new code with only a portion of the amendments; or adopt the new code with
modifications to the amendments. Staff does not recommend these actions. Without the
complete code adoption with amendments, the base code would provide only the
minimum standards without considering local conditions in Gilroy.
FISCAL IMPACT/FUNDING SOURCE
There is no direct cost to the City as a result of adopting the Codes.
CONCLUSION
The adoption of the Fire Code by reference with local amendments provides for an
increased level of health and safety for Gilroy residents and businesses.
Attachments:
1. Draft Ordinance
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ORDINANCE NO. 2022-XX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GILROY AMENDING SECTIONS 10.9 AND 10.10 OF
CHAPTER 10 OF THE GILROY MUNICIPAL CODE
ADOPTING BY REFERENCE THE 2022 CALIFORNIA
FIRE CODE WITH AMENDMENTS
WHEREAS, the California Building Standards Commission has adopted and published
an updated Title 24 of the California Code of Regulations, also referred to as the 2022 California
Building Standards Code, that will become effective statewide on January 1, 2023; and
WHEREAS, California Health and Safety Code Sections 17958, 17958.5, 17958. 7, and
18941.5 establish the authority for a city to adopt and make local amendments and modifications
to the building standards in the California Building Standards Code to establish more restrictive
building standards than those contained in the California Building Standards Code; and
WHEREAS, California Health and Safety Code Sections 17958, 17958.5, 17958.7, and
18941.5 permit a city to make such local amendments and modifications as the city determines
are reasonably necessary because of local climatic, geological or topographical conditions; and
WHEREAS, California Health and Safety Code Sections 17958, 17958.5, 17958.7, and
18941.5 require a city, before making any amendments and modifications to the California
Building Standards Code, make an express finding that such amendments and modifications are
reasonably necessary because of local climatic, geological or topographical conditions; and
WHEREAS, the City of Gilroy has reviewed and intends to adopt the 2022 California
Fire Code; and
WHEREAS, the City Council wishes to amend portions of the California Fire Code to
better address local conditions and makes express findings that such amendments are reasonably
necessary because of local climatic, geological or topographical conditions as set forth in this
Ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES
ORDAIN AS FOLLOWS:
SECTION I
The City Council has duly considered the full record before it, which may include but is not
limited to the staff report, testimony by staff and the public, and other materials and evidence
submitted or provided to the City Council. Furthermore, the recitals set forth above are found to
be true and correct and are incorporated herein by reference.
SECTION II
The City Council hereby finds and determines that this Ordinance has been assessed in
accordance with the California Environmental Quality Act (Cal. Pub. Res. Code, § 21000 et seq.)
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(“CEQA”) and the State CEQA Guidelines (14 Cal. Code Regs. § 15000 et seq.) and is
categorically exempt from CEQA under CEQA Guidelines, § 15061(b)(3), which exempts from
CEQA any project where it can be seen with certainty that there is no possibility that the activity
in question may have a significant effect on the environment. Adoption of the proposed
Ordinance would not be an activity with potential to cause significant effect on the environment
because the changes made to the California Building Standards Code within are enacted to
mitigate the threats posed to public peace, health and safety from earthquakes, storms, floods,
high winds and fire, and therefore is exempt from CEQA. Therefore, it can be seen with certainty
that there is no possibility that the Ordinance in question may have a significant effect on the
environment; accordingly, the Ordinance is categorically exempt from CEQA.
SECTION III
Section 10.9 of Chapter 10 of the Gilroy Municipal Code is hereby repealed in its entirety and
replaced with the text below to read as follows:
10.9 Fire Code Adoption.
1. This article shall be known and cited as the Gilroy Fire Code.
2. The 2022 California Fire Code, published by the International Code Council, Inc. and the
California Building Standards Commission in Part 9 of Title 24 of the California Code of
Regulations, is hereby adopted and referred to, and by this reference expressly incorporated and
made a part of this Chapter as though fully set forth herein. The adoption includes Appendices B,
BB, C, and D. Amendments are set forth in Section 10.10. The 2022 California Fire Code shall
be designated and referred to as the "Fire Code" for the City of Gilroy. There is one copy of said
Code on file in the Office of Fire Prevention for use and examination by the public.
SECTION IV
Pursuant to California Health and Safety Code Sections 17958. 7 and 18941.5, the City Council
hereby finds that the amendments are reasonably necessary due to local climatic, geological or
topographical conditions, or to impose proper more stringent standards for fire and panic safety,
as set forth below.
(1) Climatic Findings. The precipitation averages 13.86 inches per year. Approximately
90% of the precipitation falls during the months of November through April, and 10%
from May through October. Relative humidity drops to 20 or lower during the dry
months (summer). Temperatures have been recorded as high as 115 degrees Fahrenheit.
This area has been subject to drought. It is anticipated that drought conditions will
continue to occur in the future. Such conditions allow natural vegetation and outdoor
combustible materials to be in a dry state for a large portion of the year, making them
more susceptible to ignition and rapid burning. These conditions combined create high
fire danger during the summer and fall months.
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(2) Geological Findings. The region is located in an area of high seismic activities as
indicated by United States Geological Survey and California Division of Mines and
Geology. Recent earthquake activities have indicated the lack of adequate design and
detailing as a contributing factor to damages that reduced the protection of the life-safety
of building occupants. This is especially critical in the facilities housing hazardous
materials or occupancies requiring safe and quick evacuation in order to get to a safe
location. Early warning of fire, early fire suppression and control of spread are
important.
(3) Topographical Findings. A major rail corridor through the central portion of town
divides the City. There are no overpasses available within the City boundaries. This can
impair response and can serve to isolate the City’s Fire Response capability. A major
highway also divides the City. There are portions of the City where there is only one
overpass to access a substantial geographical area. There are no alternate routes within
City boundaries; and
The highway is also part of a major truck transportation route. If an ac cident, or
earthquake makes the overpass un-crossable this will isolate the area and impact response
times; and the City has a substantial industrial area within a flood plain. Flooding in the
area would isolate the area from the City’s Fire Response capability; and
The City has areas that are within hillside and open spaces defined as State
Response Areas. The grade and narrow and/or lack of roadways impair the Fire
Response to these areas. The presence of large areas of natural vegetation that is dry and
highly ignitable during the dry and hot summer and fall months can create increase fire
responses and impair fire response to other incidents. Water flow in the hillside areas is
impacted as fire flows fall below 1500 gpm; and
The City is a great distance from any large metropolitan area. Response times
from the nearest metropolitan fire department is a minimum of half an hour and during
traffic periods in excess of 45 minutes. This serves to further isolate the City and impair
Fire Response as there are fewer fire responders in the immediate area. Information on
the nature of an incident in a timely manner is of greater importance than in a
metropolitan area where a first alarm sends more personnel than the entire on-duty
staffing of the Gilroy Fire Department. Measures which provide early fire detection,
suppression and prevention of fire spread are warranted based on these findings.
(4) Fire and Panic Safety Findings – Hazardous Materials. Hazardous Materials use,
handling and storage present unique emergency response requirements. The Gilroy Fire
Department does not have its own hazardous materials team and the nearest mutual aid
team is in excess of 45 minutes response time; and
The City of Gilroy relies solely on ground water for water supply and much of the
area of Gilroy is in a recharge area. Hazardous Materials Spills can threaten that supply
and additional measures are needed to ensure that these materials do not threaten that
supply; and
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Because Gilroy is remote from the main metropolitan areas, there are fewer
ambulance and hospital services available to provide for large numbers of persons with
injuries. Hazardous Materials and other intensive industrial uses place a competing
burden on the delivery of fire services. Hazardous Material and/or facilities using,
storing hazardous materials require additional controls to ensure that such hazards can be
controlled; and
(5) Fire and Panic Safety Findings – Automatic Fire Sprinklers. The City’s water
system is reliable and capable of providing adequate pressures and reliability to allow the
use of automatic fire sprinkler systems to be economical and practical to be included in
all new construction. Response to fires, medical aid and other disasters can result in fire
responders to be called to multiple calls or to calls that require more suppression
resources than may be on duty. Therefore, fire sprinkler systems are relied upon to
provide for quick and reliable fire suppression or control. To this end, these systems are
needed at a lower threshold than the International Codes provide. These systems also
need to be designed to provide quick effective and complete fire protection in their
activation in order to minimize the effects of fire and panic.
SECTION V
Section 10.10 of Chapter 10 of the Gilroy Municipal Code is hereby repealed in its entirety and
replaced with the text below to read as follows:
10.10 Fire Code Amendments.
Chapter 1 is adopted in its entirety as amended below.
SECTION 101.1 TITLE. AMENDED
101.1 Title. These regulations shall be known as the City of Gilroy Fire Code,
hereinafter referred to as “THIS CODE”.
Reason for amendment: The International Fire Code provides for the local agency to
insert appropriate language to identify this as the City of Gilroy Fire Code.
SECTION 103.2 APPOINTMENT. AMENDED
103.2.1 Appointments. The Fire Marshal Carries out the functions of the fire code
official on behalf of and under the direction of the Fire Chief and implements,
administers, and enforces the provisions of this code. The Fire Marshal’s Office is
established within the City of Gilroy as the Office of Fire Prevention.
Reason for amendment: The International Fire Code creates a department of fire
prevention and the term “fire code official” is used throughout. The amendment inserts
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language that describes how the Fire Marshal carries out the functions as the “fire code
official” within the structure of the Fire Marshal’s Office within the City of Gilroy.
SECTION 112.4 VIOLATIONS. AMENDED
112.4 Violation Penalties. Persons who shall violate a provision of this code or shall fail
to comply with any of the requirements thereof or who shall erect, install, alter, repair or
do work in violation of the approved construction documents or directive of the fire code
official, or of a permit or certificate used under the provisions of this code, shall be guilty
of a misdemeanor; provided, however, that where the City Attorney or his or her duly
authorized agents has determined that such action would be in the best interest of justice,
the City Attorney may specify in the accusatory pleading, citation or amendment thereto
that the violation shall be prosecuted as an infraction. Infraction fines are implemented
pursuant to Gilroy City Code Section 1.7. Each day that a violation continues after due
notice has been served shall be deemed a separate offence.
Reason for amendment: To identify the method and types of enforcement processes to
be used to enforce the code. The model code requires the local agency to insert
appropriate language. The language provided is consistent with the current code and
procedures.
Chapter 2 is adopted in its entirety as amended below.
SECTION 202 GENERAL DEFINITIONS. ADDED
Corrosive Liquid. Corrosive liquid is:
1. any liquid which, when in contact with living tissue, will cause destruction or
irreversible alteration of such tissue by chemical action; or
2. any liquid having a pH of 2 or less or 12.5 or more; or
3. any liquid classified as corrosive by the U.S. Department of Transportation; or
4. any material exhibiting the characteristics of corrosivity in accordance with Title 22,
California Code of Regulations §66261.22.
MODERATELY TOXIC GAS. A chemical or substance that has a median lethal
concentration (LC50) in air more than 2000 parts per million but not more than 5000
parts per million by volume of gas or vapor, when administered by continuous inhalation
for an hour, or less if death occurs within one hour, to albino rats weighing between 200
and 300 grams each.
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Reason for amendment: This is a County-wide amendment recommended by the Santa
Clara County Fire Chiefs. The amendment consolidates definitions and allows the city to
maintain the current standard used by the Gilroy CUPA Program.
Chapter 3 is adopted consistent with the State’s adoption.
Chapter 4 is adopted consistent with the State’s adoption.
Chapter 5 is adopted in its entirety as amended below.
SECTION 503.1 WHERE REQUIRED. AMENDED
503.1 Where Required. Fire apparatus access roads shall be provided and maintained in
accordance with Sections 503.1.1 through 503.1.3 and in accordance with the fire
departments access standards.
Reason for amendment: This is a County-wide amendment recommended by the Santa
Clara County Fire Chiefs. The amendment allows the city to maintain the current
standard used by the Gilroy Fire Department and the Gilroy City Streets.
SECTION 503.1.2 ADDITIONAL ACCESS. AMENDED
503.1.2 Additional Access. The Fire Chief is authorized to require more than one fire
apparatus access road based on the potential for impairment of a single road by vehicle
congestion, condition of terrain, climatic conditions or other factors that could limit
access. Fire apparatus access roadways to buildings or building projects shall be reviewed
and approved by the fire code official. All emergency vehicle accesses (EVA’s) shall
meet engineering design standards similar to a public roadway or public driveway and be
maintained by the property owner.
Thresholds for additional access are as follows:
a. For residential developments, there shall be a minimum of two approved fire
access roadways when there are more than 30 one-family, two-family residential
units, or more than 100 multi-family residential units. The Fire Chief will
determine secondary access needs for dwellings in the Wildland Urban Interface
Fire Area. In no case will more than 10 dwellings exist without a secondary fire
access roadway in a Wildland Urban Interface Fire Area.
b. Where there is an individual building exceeding 3 stories in height or exceeds
62,000 sq. ft. in area, there shall be two separate access roadways to access the
structure.
c. Where a building complex exceeds 120,000 sq. ft. of total building area it shall be
provided with two separate and approved access roadways to the complex.
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Reason for amendment: Pursuant to Section 503.1.2 the fire code official is authorized
to determine when more than one fire apparatus access road is required. Due to
variability in local traffic conditions, alternate routes of ingress and egress are needed,
particularly in circumstances where the hazard is increased (e.g. large subdivision, large
multi-family residences, residences in a WUI environment, large buildings, etc.). This
amendment provides maintains the secondary access threshold previously used, which is
consistent with jurisdiction in Santa Clara County.
SECTION 503.2.1 DIMENSIONS. AMENDED
503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not
less than 20 feet (6096 mm) for engines, and 26 feet (7925 mm) for aerial fire apparatus
exclusive of shoulders, except for approved gates or barricades in accordance with
Sections 503.5.1 and 503.6. The unobstructed vertical clearance shall be a minimum of
13 feet 6 inches (4115 mm), or as determined by the fire code official.
Reason for amendment: This is a County-wide amendment recommended by the Santa
Clara County Fire Chiefs. The amendment allows the city to maintain the current
standard used by the Gilroy Fire Department and the Gilroy City Streets.
SECTION 503.2.4 TURNING RADIUS AMENDED
503.2.4 Turning radius. The required turning radius of a fire apparatus access road shall
be determined by the fire code official and a minimum of 30 feet (9144 mm) inside, and a
minimum of 50 feet (15240 mm) outside.
Reason for amendment: This is a County-wide amendment recommended by the Santa
Clara County Fire Chiefs. The amendment allows the city to maintain the current
standard used by the Gilroy Fire Department and the Gilroy City Streets.
SECTION 503.2.5 DEAD ENDS. AMENDED
503.2.5 Dead Ends. Dead-end fire apparatus access roads in excess of 150 feet (45m720
mm) in length shall be provided with an approved turn-around area for turning around the
fire apparatus. The turn-around shall consist of a bulb shaped cul-de-sac that
accommodates the fire apparatus turning radius. Parking of vehicles within the fire
apparatus turning radius shall not be permitted. Obstructions by fences or gates that may
interfere with the use of turn-around are not permitted. Fire Turn-Around parking
restrictions shall be identified by painting the curb red. On private property signage shall
be provided indicating that it is a Fire Turnaround Dead end roads in excess of 750 ft.
require special approval and may be required to have additional apparatus turn outs or
greater width.
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Exceptions:
1. An alternative design turn-around may be approved when the number of units
served by the turn-around is less than 10 and the design is one of the published
fire apparatus turn-around templates.
2. In the Residential Hillside Zone alternative designs are allowed when they can
be shown to provide a minimum 3 point turn and when approved by the Fire
Chief.
Reason for amendment: This is a Gilroy Fire amendment to maintain the current
standard used by Gilroy Fire Department and Gilroy City Street Standards. Pursuant to
Section 503 the Fire Chief is authorized to approve the type of turn around to be
provided.
SECTION 503.2.7 GRADE. AMENDED
503.2.7 Grade. The maximum grade of the fire department apparatus road shall not
exceed 15%, unless approved by the fire code official.
Reason for amendment: The Fire Chief is authorized to establish the grade for fire
apparatus access roads. This is a Gilroy Fire amendment to maintain the current standard
used by Gilroy Fire Department and Gilroy City Street Standards.
SECTION 503.5 REQUIRED GATE OR BARRICADES
503.5 Required gates or barricades. The fire code official is authorized to require the
installation and maintenance of gates or other approved barricades across fire apparatus
access roads, trails, or other accessways, not including the public streets, alleys, or
highways. The minimum width for commercial applications is 20 feet (6096 mm), and 14
feet (4268 mm) for single-family dwellings. Electric gate operators, where provided shall
be listed in accordance with UL 325. Gates intended for automatic operation shall be
designed, constructed, and installed to comply with the requirements of ASTM F2200.
Reason for amendment: This is a County-wide amendment recommended by the Santa
Clara County Fire Chiefs.
SECTION 503.6 SECURITY GATES. AMENDED
503.6 Security Gates. The installation of security gates across a fire apparatus access
road shall be approved by the fire code official. Where security gates are installed they
shall have an approved means of emergency operation. The security gates and the
emergency operation shall be maintained operational at all times. When electronic gates
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are installed across one or more of the fire access roadways they shall be provided with
automatic opening devices that can be activated by the fire department during a response
to the location (e.g. Click 2 Enter or approved equivalent for gated communities). They
shall also be provided with KNOX key over-ride switches. Electric gate operators, where
provided shall be listed in accordance with UL 325. Gates intended for automatic
operation shall be designed, constructed and installed to comply with the requirements of
ASTM F2200. The minimum width for commercial applications is 20 feet (6096 mm),
and 14 feet (4268 mm) for single-family dwellings.
Reason for amendment: This is a Gilroy amendment continued from the last code cycle
and it is to maintain consistency with current Gilroy Fire Department Policies and
practices for use of automatic opening devices for new gate installations and for gates in
new gated communities where response time is impeded by lack of guard shacks/security
staffing. This is a Gilroy Fire amendment to maintain the current standard used by Gilroy
Fire Department and Gilroy City Street Standards. This is a County-wide amendment
recommended by the Santa Clara County Fire Chiefs.
SECTION 503.7 AERIAL FIRE APPARATUS ACCESS ROADS. ADDED
503.7 Aerial fire apparatus access roads. Where the vertical distance between the grade
plane and the highest roof surface exceeds 30 ft. (9144m), approved aerial fire apparatus
access roads shall be provided. For a pitched roof the measurement of the highest roof
surface is to the intersection of the roof to the exterior wall, or the top of a parapet wall,
whichever is greater. At least one of the access routes shall be located a minimum of 15
ft. and a maximum of 30 ft. from the building, and shall be positioned parallel to one
entire side of the building. Overhead utility and power lines shall not be located over the
aerial fire apparatus road and the building. When adequate aerial access cannot be
provided other means shall be provided by alternate methods and /or materials to
compensate for the inadequate access. Such shall include but not be limited to: non-
combustible construction components, area separation walls, and specialized access
components.
Reason for amendment: This is a Gilroy amendment to provide for adequate aerial
access for tall structures for the Fire Department. It is based on model language from the
International Fire Code.
SECTION 504.5 ACCESS CONTROL DEVICES. ADDED
Section 504.5 Access Control Devices. When access control devices including bars,
grates, gates, electric or magnetic locks or similar devices, which would inhibit rapid fire
department emergency access to within and throughout the building, are installed, such
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devices be approved by the fire code official. All electrically powered access control
devices shall be provided with an approved means for deactivation or unlocking from a
single location or as otherwise approved by the fire code official. Access Control devices
must also comply with Chapter 10 Egress.
Reason for amendment: This is a county-wide amendment recommended by the Santa
Clara County Fire Chiefs. The amendment represents no change from the current
standard used by Gilroy for maintaining access to buildings that have security devices
(bars etc.) that impede emergency access.
SECTION 505.1.1 ILLUMINATION. ADDED
505.1.1 Illumination. New buildings shall have illuminated address numbers.
Illumination shall be provided throughout the entire period of darkness.
Reason for amendment: This is a Gilroy amendment to maintain consistency with
current Gilroy Security Ordinance for requiring illuminated addresses for new
construction. The amendment represents no change from the current standard used by
Gilroy.
SECTION 505.3 COMPLEX PREMISE IDENTIIFICATION. ADDED
Section 505.3 Complex Premises Identification. When there are several multi-family
units within a development, or single family units do not face a street or where units have
an alley as the only driveable access (paseo frontage), an illuminated site diagram shall
be installed at each driveway entrance to the development that shows the location and
addresses of all units and the fire system device locations.
Reason for amendment: This is a Gilroy amendment to maintain consistency with
current Gilroy Security Ordinance for signage for complexes where addressing is
confusing due to building and/or street design. Alley type access developments have the
units addressed from a street, but the alley is typically perpendicular to the street. This
makes identification of the address difficult without having a complex diagram. This
amendment represents no change from the current standard used by Gilroy.
SECTION 507.5 FIRE HYDRANT SYSTEMS. AMENDED
507.5 Fire hydrant systems. Fire hydrants systems shall comply with sections 507.5.1
through 507.5.6 . Hydrants on public streets shall be installed to the City of Gilroy Public
Works Standard Details. Private Fire Hydrant systems shall be installed pursuant to
NFPA 24 and maintained and tested pursuant to NFPA 25 by the property owner. Private
fire hydrant systems shall not share the same water supply lines with a private domestic
supply and shall be on its own separate fire water mains.
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Reason for amendment: The Gilroy amendment maintains consistency with current
Gilroy policies and practices.
Chapter 6 is adopted in its entirety as amended below.
SECTION 603.11 ELECTRICAL EQUIPMENT, WIRING AND HAZARDS.
ADDED
603.11 Immersion Heaters. All electrical immersion heaters used in dip tanks, sinks,
vats and similar operations shall be provided with approved over-temperature controls
and low liquid level electrical disconnects. Manual reset of required protection devices
shall be provided.
Reason for amendment: This is a county-wide amendment recommended by the Santa
Clara County Fire Chiefs. It maintains the current standard required for immersion
heaters. Such heaters without emergency shut off were the cause of several fires.
SECTION 605 FUEL-FIRED APPLIANCES
Amend Section 605.5 as follows:
605.5 Portable unvented heaters. Portable unvented fuel-fired heating equipment shall
be prohibited in occupancies in Groups A, B, E, I, R-1, R-2, R2.1, R2.2, R-3, R3.1 and R-
4 and ambulatory care facilities.
Exceptions:
1. Portable unvented fuel-fired heaters listed in accordance with UL 647 are
permitted to be used in one and two-family dwellings, where operated and
maintained in accordance with the manufacturer’s instructions.
2. Portable outdoor gas-fired heating appliances in accordance with Section 605.5.2.
Amend Section 605.5.2.1.1 as follows:
605.5.2.1.1 Prohibited locations. The storage or use of portable outdoor gas-fired
heating appliances is prohibited in any of the following locations:
1. Inside of any occupancy where connected to the fuel gas container.
2. Inside of tents, canopies and membrane structures.
3. On exterior balconies, and rooftops.
Exceptions: As authorized by the fire code official.
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Reason for amendment: This is a county-wide amendment recommended by the Santa
Clara County Fire Chiefs.
Chapter 7 is adopted consistent with the State’s adoption.
Chapter 8 is adopted consistent with the State’s adoption.
Chapter 9 is adopted in its entirety as amended below.
SECTION 901.6.3. RECORDS. AMENDED
Section 901.6.3 Records. Records of all system inspections, tests and maintenance
required by the referenced standard shall be maintained on the premises for a minimum
of five years. Inspections and tests performed on fire alarm systems shall be documented
on NFPA 72 forms.
Reason for amendment: This amendment maintains the current standard required for
record keeping per NFPA standards.
SECTION 903.2 AUTOMATIC SPRINKLER SYSTEMS - WHERE REQUIRED.
AMENDED
903.2 Automatic Sprinkler Systems. Approved automatic sprinkler systems in new and
existing buildings and structures shall be provided in the locations described in this
Section or in Sections 903.2.1 through 903.2.12 whichever is the more restrictive. For the
purposes of this section, firewalls and fire barriers used to separate building areas shall be
constructed in accordance with the California Building Code and shall be without
openings or penetrations.
1. An automatic sprinkler system shall be installed throughout all new buildings and
structures greater than 1,000 square feet.
Exception: Group S-2 or U occupancies used exclusively for vehicle parking or solar
arrays that do not exceed 5,000 square feet.
2. An automatic sprinkler system shall be provided throughout existing Group A, B, E, F,
I, L, M, R, S and U buildings and structures, when additions are made that increase the
building area by more than 1,000 square feet or the where the resulting area exceeds
3,600 square feet.
3. Any change of occupancy or change in use of any building when that change in use
would place the building into a more hazardous division of the same occupancy group.
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Reason for amendment: This is a county-wide amendment recommended by the Santa
Clara County Fire Chiefs. Additionally, the California Residential Code requires all new
residential structures, regardless of size to have automatic fire sprinklers. This
amendment also maintains the current standard used in Gilroy.
SECTION 903.1.1 NFPA 13 SPRINKLER SYSTEMS. AMENDED
903.1.1 NFPA 13 sprinkler systems. Where the provisions of this code require that a
building or portion thereof be equipped throughout with an automatic sprinkler system in
accordance with this section, sprinklers shall be installed throughout in accordance with
NFPA 13 except as provided in Section 903.3.1.1 and local standards. For new buildings
having no designated use or tenant, the minimum sprinkler design density shall be
Ordinary Hazard Group 2. Where future use or tenant is determined to require a higher
density, the sprinkler system shall be augmented to meet the higher density.
Reason for amendment: This amendment maintains the current standard used in Gilroy.
SECTION 903.3.1.3 NFPA 13D SPRINKLER SYSTEMS. AMENDED
903.3.1.3 NFPA 13D Sprinkler systems. Automatic sprinkler systems installed in one-
and two-family dwellings, Group R-3 and R-4 congregate living facilities and
townhouses shall be permitted to be installed throughout in accordance with NFPA 13D
and local water supply standards. An approved signaling device shall be installed on the
exterior (e.g. bell) and interior (e.g. horn or alarm) of the dwelling. The riser shall be
located inside of the garage or an approved protective enclosure, a pilot head installed in
attic spaces to protect the force air unit and attic access and a spare head box with one of
each type of fire sprinkler shall be provided.
Reason for amendment: This amendment maintains the current local standards used in
Gilroy. Residential sprinkler systems do not need to be monitored, however, if there is
not a signaling device to warn the occupant or community of the fire sprinkler activation,
the fire sprinkler system can operate for an extended period of time creating significant
water damage to the structure. To protect the riser from damage or tampering they have
been approved only in a protected area. This amendment maintains the current standard
used in Gilroy.
SECTION 907.1.6 FIRE ALARM CERTIFICATION. ADDED
907.1.6 Certification. New fire alarm systems shall be UL-Certified. A Certificate of
Completion and other documentation as listed in NFPA 72 shall be provided for all new
fire alarm system installations. It is the responsibility of the building owner or owner's
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representative to obtain and maintain a current and valid Certificate. The protected
premise shall be issued a UUFX type certification from Underwriters Laboratories (UL).
Reason for amendment: This amendment maintains the current standard required for
record keeping per NFPA standards.
SECTION 909.22.1 SMOKE CONTROL SYSTEMS. AMENDED
Section 909.22.1 Schedule. A routine maintenance and operational testing program shall
be initiated immediately after the smoke control system has passed the acceptance tests.
A written schedule for routine maintenance and operational testing shall be established
and operational testing must occur at least annually.
Reason for amendment: This is a county-wide amendment recommended by the Santa
Clara County Fire Chiefs.
Chapter 10 is adopted consistent with the State’s adoption.
Chapter 11 is adopted consistent with the State’s adoption.
Chapter 12 is adopted consistent with the State’s adoption.
Chapters 13 through 19 reserved for future use.
Chapter 20 is adopted consistent with the State’s adoption.
Chapter 21 is adopted consistent with the State’s adoption.
Chapter 22 is adopted consistent with the State’s adoption.
Chapter 23 is adopted consistent with the State’s adoption.
Chapter 24 is adopted consistent with the State’s adoption.
Chapter 25 is adopted consistent with the State’s adoption.
Chapter 26 is adopted consistent with the State’s adoption.
Chapter 27 is adopted consistent with the State’s adoption.
Chapter 28 is adopted consistent with the State’s adoption.
Chapter 29 is adopted consistent with the State’s adoption.
Chapter 30 is adopted consistent with the State’s adoption.
Chapter 31 is adopted consistent with the State’s adoption.
Chapter 32 is adopted consistent with the State’s adoption.
Chapter 33 is adopted in its entirety as amended below:
SECTION 3305 PRECAUTIONS AGAINST FIRE
Amend Section 3305.5 as follows:
3305.5 Fire watch. Where required by the fire code official or the site safety plan
established in accordance with Section 3303.1, a fire watch shall be provided for building
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City Council Regular Meeting | November 7, 2022
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demolition and for building construction. Fire watch is not intended to facilitate
occupancy during ongoing construction in a new building.
Add Section 3305.6 to read:
3305.6 Fire Walls. When firewalls are required in combustible construction, the wall
construction shall be completed (with all openings protected) immediately after the
building is sufficiently weather-protected at the location of the wall(s).
Reason for amendment: This is a county-wide amendment recommended by the Santa
Clara County Fire Chiefs to provide a consistent standard for ensuring that fire walls are
completed during building construction to provide exit stairways during the construction
of any multi-story building. This maintains the same requirement from prior code
adoption cycle.
SECTION 3311 ACCESS FOR FIRE FIGHTING
Add Section 3311.1 to read:
3311.1 Required access. Approved vehicle access for firefighting shall be provided to all
construction or demolition sites. Vehicle access shall be provided to within 100 feet (30
480 mm) of temporary or permanent fire department connections. Vehicle access shall be
provided by either temporary or permanent roads, capable of supporting vehicle loading
under all weather conditions. Vehicle access shall be maintained until permanent fire
apparatus access roads are available.
Add Section 3311.1.1 to read:
3311.1.1 Fire Department Access Roadways: All construction sites shall be accessible
by fire department apparatus by means of roadways having an all-weather driving service
of not less than 20ft. of unobstructed width. The roads shall have the ability to withstand
the live loads of fire apparatus, and have a minimum 13ft. 6 in. of vertical clearance.
Dead end fire access roads in excess of 150 ft. in length shall be provided with approved
turnarounds.
When approved by the Fire Code Official, temporary access roadways may be utilized
until such time that the permanent roadways are installed. As a minimum, the roadway
shall consist of a compacted sub base and six (6) inches of road base material (Class 2
aggregate base rock) both compacted to a minimum 95% and sealed. The perimeter edges
of the roadway shall be contained and delineated by curb and gutter or other approved
method. The use of geotextile reinforcing fabric underlayment or soils lime-treatment
may be required if so determined by the project civil engineer. Provisions for surface
drainage shall also be provided where necessary. The integrity of the roadway shall be
maintained at all times.
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Ordinance No. 2022-XX
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City Council Regular Meeting | November 7, 2022
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Reason for amendment: This is a county-wide amendment recommended by the Santa
Clara County Fire Chiefs.
SECTION 3312 MEANS OF EGRESS
Amend Section 3312.1 as follows:
3312.1 Stairways Required. Each level above the first story in multi-story buildings
that require two exit stairways shall be provided with at least two usable exit stairways
after the floor decking is installed. The stairways shall be continuous and discharge to
grade level. Stairways serving more than two floor levels shall be enclosed (with
openings adequately protected) after exterior walls/windows are in place. Exit stairs in
new and in existing, occupied buildings shall be lighted and maintained clear of debris
and construction materials at all times.
Exception: For multi-story buildings, one of the required exit stairs may be obstructed on
not more than two contiguous floor levels for the purposes of stairway construction (i.e.,
installation of gypsum board, painting, flooring, etc.).
Add Section 3312.4 to read:
Section 3312.4 Required Means of Egress. All buildings under construction shall have
at least one unobstructed means of egress. All means of egress shall be identified in the
written fire safety plan as required by Section 3303.1.
Reason for amendment: This is a county-wide amendment recommended by the Santa
Clara County Fire Chiefs.
SECTION 3315 AUTOMATIC FIRE SPRINKLER SYSTEM
Add Section 3315.1 to read
3315.1 Completion before occupancy. In buildings where an automatic sprinkler system
is required by this code or the California Building Code, it shall be unlawful to occupy
any portion of a building or structure until the automatic sprinkler system installation has
been tested and approved.
In new buildings of combustible construction where, automatic fire sprinkler systems are
required to be installed, the system shall be placed in service as soon as possible.
Immediately upon the completion of sprinkler pipe installation on each floor level, the
piping shall be hydrostatically tested and inspected. After inspection approval from the
Fire department, each floor level of sprinkler piping shall be connected to the system
supply riser and placed into service with all sprinkler heads uncovered. Protective caps
may be installed on the active sprinklers during the installation of drywall, texturing and
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Ordinance No. 2022-XX
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City Council Regular Meeting | November 7, 2022
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painting, but shall be removed immediately after this work is completed. For system
activation notification, an exterior audible waterflow alarm bell shall be installed and
connected to the sprinkler waterflow device prior to installation of the monitoring system.
For buildings equipped with fire sprinkler systems that are undergoing alterations, the
sprinkler system(s) shall remain in service at all times except when system modifications
are necessary. Fire sprinkler systems undergoing modifications shall be returned to
service at the end of each workday unless otherwise approved by the fire department. The
General contractor or his/her designee shall check the sprinkler control valve(s) at the end
of each workday to confirm that the system has been restored to service.
Reason for amendment: This is a county-wide amendment recommended by the Santa
Clara County Fire Chiefs.
Chapter 34 is adopted consistent with the State’s adoption.
Chapter 35 is adopted consistent with the State’s adoption.
Chapter 36 is adopted consistent with the State’s adoption.
Chapter 37 is adopted consistent with the State’s adoption.
Chapter 38 is adopted consistent with the State’s adoption (not adopted by State).
Chapter 39 is adopted consistent with the State’s adoption.
Chapter 40 is adopted consistent with the State’s adoption.
Chapters 41 through 48 reserved for future use.
Chapter 49 is adopted in its entirety as amended below.
SECTION 4901 GENERAL
Add Section 4901.3 to read:
4901.3 Where applicable. These requirements shall apply to all areas within the City of
Gilroy as set forth and delineated on the map entitled "Wildland-Urban Interface Fire
Area" which map and all notations, references, data and other information shown thereon
are hereby adopted and made a part of this Chapter. The map properly attested, shall be
on file in the Office of the Gilroy City Clerk’s Office.
Add Section 4901.4 to read:
4901.4 Exemptions. These requirements shall not apply to any land or water area
acquired or managed for one or more of the following purposes or uses:
1. Habitat for endangered or threatened species, or any species that is a candidate for
listing as an endangered or threatened species by the state or federal government.
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2. Lands kept in a predominantly natural state as habitat for wildlife, plant, or animal
communities.
3. Open space lands that are environmentally sensitive parklands.
4. Other lands having scenic values, as declared by the local agency, or by state or
federal law.
SECTION 4905 WILDFIRE PROTECTION BUILDING CONSTRUCTION
Amend Section 4905.3 as follows:
4905.3 Established limits. The establishment of limits for the Wildland-Urban Interface
Area’s required construction methods shall be designated pursuant to the California
Public Resources Code for State Responsibility areas, and in the City of Gilroy the areas
designated as Residential Hillside (RH) zoning are so designated based on their
topography, vegetation, climatic and proximity to State Responsibility areas which make
these methods necessary for effective fire protection within this area. The Residential
Hillside Zoning areas are designated as the “City of Gilroy Wildland-Urban Interface Fire
Area” and subject to the construction methods of Section 4905.2.
Reason for amendment: The model code requires the local agency to insert appropriate
language to identify the area designated as Wildland Urban Interface Fire Area. The city
zoning code establishes the RH – Residential Hillside Zoning District. These areas are
adjacent to the State Responsibility Areas (SRA), are in heavily vegetated, steep and
limited access areas, with large areas of unmanaged vegetation. This amendment
maintains the current standard used in Gilroy.
Add Section 4905.4 to read:
4905.4 Fire sprinkler systems and fire protection water supplies. Buildings and
structures, or portions thereof, hereafter constructed or relocated into or within the
Wildland-Urban Interface Fire Area shall be provided with a fire sprinkler systems and
fire protection water supplies in accordance with Chapter 5 and the sprinkler
requirements in Chapter 9 as amended.
Exception: Buildings used as carports, sheds and agricultural uses with a building area of
not more than 500 square feet (56 m2).
Reason for amendment: This section is part of the Santa Clara County Fire Chiefs
Countywide amendments. It also maintains the prior Hillside sprinklering requirement in
Gilroy.
SECTION 4906 VEGETATION MANAGEMENT. AMENDED
Add Section 4906.1.1 to read:
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Packet Pg. 199 Attachment: Draft Ordinance (4052 : First Reading for Fire Code Adoption)
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City Council Regular Meeting | November 7, 2022
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4906.1.1 Hazardous vegetation and fuels shall be managed to reduce the severity of
potential exterior wildfire exposure to buildings, to reduce the risk of fire spreading to
buildings, and provide for safe access for emergency wildland fire equipment and civilian
evacuation concurrently, as required by applicable laws and standards.
Add Section 4906.1.2 to read:
4906.1.2 Maintenance required. Maintenance is required to ensure conformance with
these standards and measures, and to assure continued availability, access, and utilization,
of the defensible space during a wildfire.
Add Section 4906.1.3 to read:
4906.1.3 Additional measures. No person subject to these regulations shall permit any
fire hazard, as defined in this chapter, to exist on premises under their control, or fail to
take immediate action to abate a fire hazard when requested to do so by the enforcing
agency.
Add Section 4906.1.4 to read:
4906.1.4 Exemption. For the purposes of this chapter, vegetation removal or
management, undertaken in whole or in part, for fire prevention or suppression purposes
shall not be deemed to alter the natural condition of public property.
Add Section 4906.2.1 to read:
4906.2.1 Application. Buildings and structures located in the following areas shall
maintain and manage fuel and vegetation.:
1. All unincorporated lands designated by the State Board of Forestry and Fire
Protection as State Responsibility Areas (SRA) including:
1.1. Moderate Fire Hazard Severity Zones
1.2. High Fire Hazard Severity Zones
1.3. Very-High Fire Hazard Severity Zones
2. Land designated as a Very-High Fire Hazard Severity Zone or designated “City of
Gilroy Wildland-Urban Interface Fire Area” as established in Section 4905.3.
3. Areas designated as High Fire Hazard Severity Zones and adjacent to “City of
Gilroy Wildland-Urban Interface Fire Area” may be subject to all or part of the
hazardous vegetation and fuel management requirements when determined
necessary by the fire code official.
Reason for amendment: Sections 4906.1.1 through 4906.1.4 are county-wide
amendments recommended by the Santa Clara County Fire Chiefs. The model code
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City Council Regular Meeting | November 7, 2022
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requires the local agency to insert appropriate language to identify the areas where
vegetation and fuel management is applicable. This amendment maintains the current
standard used in Gilroy.
SECTION 4906.3.1 PROHIBITED PLANTS. ADDED
4906.3.2 Prohibited Plants. The fire code official may designate plants that are
prohibited from being used in landscaping in the City of Gilroy Wildland Urban Interface
Fire areas or areas adjacent to those areas pursuant to Section 4906.2. The prohibited
plants list shall be available from the Fire Prevention Office. The list shall be updated
from time to time by the fire code official.
Reason for amendment: This is a Gilroy Fire amendment to include the existing list of
Prohibited Plants that has been in effect in the Residential Hillside Areas. This
amendment maintains the same list and procedure for limiting vegetation that can create
an unmanageable fire protection situation during a wildfire.
SECTION 4907 DEFENSIBLE SPACE. AMENDED
4907.1 General. Defensible space will be maintained around all buildings and structures
in Sate Responsibility Area (SRA) as required in Public Resources Code 4290 and “SRA
Fire Safe Regulations” California Code of Regulations, Title 14, Division 1.5, Chap ter 7,
Subchapter 2, Section 1270.
Buildings and structures within the Very-High Fire Hazard Severity Zones of a Local
Responsibility Area (LRA) and in the City of Gilroy Wildland-Urban Interface Fire Area
shall maintain defensible space as outlined in Government Code 51175 – 51189 and any
local ordinance of the authority having jurisdiction.
Persons owning, leasing, controlling, operating or maintaining buildings or structures in
the locally adopted Wildland-Urban Interface Fire Area but that are not within the Very-
High Fire Hazard Severity Zone and persons owning, leasing or controlling land adjacent
to such buildings or structures, shall at all times:
1. Maintain an effective defensible space by removing and clearing away flammable
vegetation and combustible growth areas within 30 feet (9144mm) of such buildings
or structures.
Exception: Single specimens of trees, ornamental shrubbery or similar plants used as
ground covers, provided that they do not form a means of rapidly transmitting fire
from the native growth to any structure.
2. Maintain additional effective defensible space by removing brush, flammable
vegetation and combustible growth located 30 feet to 100 feet (9144 mm to 30480
mm) when required by the fire code official due to steepness of terrain or other
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Packet Pg. 201 Attachment: Draft Ordinance (4052 : First Reading for Fire Code Adoption)
Ordinance No. 2022-XX
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City Council Regular Meeting | November 7, 2022
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conditions that would cause a defensible space of only 30 feet (9144 mm) to be
insufficient.
Exception: Grass and other vegetation located more than 30 feet (9144 mm) from
buildings or structures and less than 18 inches (457 mm) in height above the ground
need not be removed where necessary to stabilize the soil and prevent erosion.
3. Remove portions of trees, which extend within 10 feet (3048 mm) of the outlet of a
chimney.
4. Maintain trees adjacent to or overhanging a building free of deadwood; and
5. Maintain the roof of a structure free of leaves, needles or other dead vegetative
growth.
6. Defensible space shall also be provided around water tank structures, water supply
pumps and pump houses.
7. Remove flammable vegetation a minimum of 10 feet around liquefied petroleum gas
tanks/containers.
8. Firewood and combustible materials shall not be stored in unenclosed spaces beneath
buildings or structures, or on decks or under eaves, canopies or other projections or
overhangs. The storage of firewood and combustible material within the defensible
space shall be located a minimum of 30 feet (6096 mm) from structures and separated
from the crown of trees by a minimum horizontal distance of 15 feet (4572 mm).
Exception: Firewood and combustible materials not for consumption on the premises
shall be stored as approved by the Fire Chief.
9. Clear areas within 10 feet (3048 mm) of fire apparatus access roads and driveways to
of non-fire-resistive vegetation growth.
10. Comply with current weed abatement, vegetation management, and waste
management standards listed in Gilroy City Codes, and the Santa Clara County Weed
Abatement Program.
Exception: Grass and other vegetation located more than 30 feet (9144 mm) from
buildings or structures and less than 18 inches (457 mm) in height above the ground
need not be removed where necessary to stabilize the soil and prevent erosion.
Reason for amendment: The model code provides for the local agency to insert
appropriate language to identify the location and criteria for maintaining defensible space
areas where vegetation and fuel management is applicable. Portions of this were part of
the Santa Clara County Fire Chiefs Countywide amendments. This amendment maintains
the current standard used in Gilroy.
Amend Section 4907.3 to read:
4907.3 Requirements. Hazardous vegetation and fuels around all buildings, roads,
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Packet Pg. 202 Attachment: Draft Ordinance (4052 : First Reading for Fire Code Adoption)
Ordinance No. 2022-XX
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City Council Regular Meeting | November 7, 2022
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driveways, and structures shall be maintained in accordance with the following laws and
regulations:
1. Public Resources Code, Sections 4291 through 4296.
2. California Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 3,
Article 3, Section 1299.03.
3. California Government Code, Sections 51175 - 51189.
4. California Code of Regulations, Title 19, Division 1, Chapter 7, Subchapter 1,
Section 3.07.
5. Any local ordinance of the City of Gilroy or the County of Santa Clara.
Reason for amendment: This is a county-wide amendment recommended by the Santa
Clara County Fire Chiefs
SECTION 4911 IGNITION SOURCE CONTROL. ADDED
4911.1 Fireworks. Fireworks shall not be used or possessed in the Gilroy Wildland-
Urban Interface Fire Area or in those areas designated pursuant to 4906.2(3) as
presenting a proximity to Gilroy Wildland-Urban Interface Fire Areas.
4911.2 Wood Burning. Wood shall not be used in outdoor fireplaces, outdoor fire pits,
or outdoor BBQ’s in the Gilroy Wildland-Urban Interface Fire Area.
4911.3 Off Road Motorized Vehicles. Motorized vehicles shall not be operated on
unpaved paths or roadways and going through brush covered areas in Gilroy Wildland-
Urban Interface Fire Areas. The Fire Chief may require that access to open spaces by off
road vehicles be managed by property owners.
Exception: Local, State and Federal Agency Vehicles on official business in the areas,
or property owners or contractors that are provided consent by a property owner in order
to conduct property maintenance or construction activities. Such activities shall be done
with care to prevent hot vehicle parts from contacting dry or dead grass or brush.
Reason for amendment: This amendment includes the policies that had been in effect in
Gilroy for Residential Hillside Hazardous Fire areas. Clarifies prohibitions stated in
10A.11.(d) of the Gilroy Municipal Code regarding the use of fireworks. The Hazardous
Fire Area is now replaced with the Wildland Urban Interface (WUI) Fire Area. This
amendment maintains the same policies for limiting sources of ignition that can create an
unmanageable fire risk in the WUI areas. It also includes a prohibition for off-road
vehicles that are often found to be using the undeveloped areas in the Residential Hillside
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Packet Pg. 203 Attachment: Draft Ordinance (4052 : First Reading for Fire Code Adoption)
Ordinance No. 2022-XX
Fire Code Adoption
City Council Regular Meeting | November 7, 2022
Page 23 of 40
areas for recreational purposes, creating a fire risk in areas where there is limited or no
water supply or access to the Fire Department. This amendment maintains the current
standard in Gilroy.
Chapter 50 is adopted in its entirety as amended below.
SECTION 5001 GENERAL. AMENDED
5001.2.2.2 Health Hazards. The material categories listed in this section are classified as
health hazards. A material with a primary classification as a health hazard can also pose
a physical hazard.
1. Highly toxic and toxic materials.
2. Corrosive materials.
3. Moderately toxic gas.
4. Other health hazards.
SECTION 5003.1.3.1 TOXIC, HIGHLY TOXIC, MODERATELY TOXIC AND
SIMILARLY USED OR HANDLED MATERIALS. ADDED
5003.1.3.1 Toxic, Highly Toxic, Moderately Toxic Gases and Similarly Used or
Handled Materials. The storage use and handling of toxic, highly toxic and moderately
toxic gases in amounts exceeding Table 5003.1.1(2), Table 5003.1.1(4) and/or Table
6004.2.1.4 shall be in accordance with this chapter and Chapter 60. Any toxic, highly
toxic or moderately toxic material that is used or handled as a gas or vapor shall be in
accordance with the requirements for toxic, highly toxic or moderately toxic gases.
SECTION 5003.1.5 OTHER HEALTH HAZARDS. ADDED
5003.1.5 Other Health Hazards. The storage, use and handling of materials classified as
other health hazards including carcinogens, irritants and sensitizers in amounts exceeding
810 cubic feet for gases, 55 gallons for liquids and 5,000 pounds for solids shall be in
accordance with Section 5001 and Section 5003.
SECTION 5003.1.6 ADDITIONAL SPILL CONTROL AND SECONDARY
CONTAINMENT REQUIREMENTS. ADDED
5003.1.6 Additional Spill Control and Secondary Containment Requirements. In
addition to the requirements set forth in Section 5004.2. An approved containment system
is required for any quantity of hazardous materials that are liquids or solids at normal
temperature, and pressure (NTP) where a spill is determined to be a plausible event and
where such an event would endanger people, property or the environment. The approved
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Packet Pg. 204 Attachment: Draft Ordinance (4052 : First Reading for Fire Code Adoption)
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City Council Regular Meeting | November 7, 2022
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containment system may be required to include a combination of spill control and
secondary containment meeting the design and construction requirements set forth in
Section 5004.2.
SECTION 5003.2.2.1 DESIGN AND CONSTRUCTION. AMENDED
5003.2.2.1 Design and Construction. Piping, tubing, valves, fittings and related
components used for hazardous materials shall be in accordance with the following:
1. Piping, tubing, valves, fittings and related components shall be designed and
fabricated from materials compatible with the material to be contained and shall be of
adequate strength and durability to withstand the pressure, structural and seismic
stress, and exposure to which they are subject.
2. Piping and tubing shall be identified in accordance with ASME A13.1 and the Santa
Clara County Fire Chiefs Marking Requirements and Guidelines for Hazardous
Materials and Hazardous Waste to indicate the material conveyed.
3. Readily accessible manual valves or automatic remotely activated fail-safe
emergency shutoff valves shall be installed on supply piping and tubing at the
following locations:
3.1.1. The point of use.
3.1.2. The tank, cylinder or bulk use.
4. Manual emergency shutoff valves and controls for remotely activated emergency
shutoff valves shall be identified and the location shall be clearly visible accessible
and indicated by means of a sign.
5. Backflow prevention or check valves shall be provided when the backflow of
hazardous materials could create a hazardous condition or cause the unauthorized
discharge of hazardous materials.
6. Where gases or liquids having a hazard ranking of:
Health hazard Class 3 or 4
Flammability Class 4
Reactivity Class 4
In accordance with NFPA 704 are carried in pressurized piping above 15 pounds per
square inch gauge (psig)(103 Kpa), an approved means of leak detection, emergency
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shutoff or excess flow control shall be provided. Where the piping originates from
within a hazardous material storage room or area, the excess flow control shall be
located within the storage room or area. Where the piping originates from a bulk
source, the excess flow control shall be located as close to the bulk source as
practical.
Exceptions:
1. Piping for inlet connections designed to prevent backflow.
2. Piping for pressure relief devices.
7. Secondary containment or equivalent protection from spills or leaks shall be provided
for piping for liquid hazardous materials and for highly toxic and toxic corrosive
gases above threshold quantities listed in Tables 6004.2.1.4. Secondary containment
includes, but is not limited to double-walled piping.
Exceptions:
1. Secondary containment is not required for toxic corrosive gases if the piping
is constructed of inert materials.
2. Piping under sub-atmospheric conditions if the piping is equipped with an
alarm and fail-safe-to-close valve activated by a loss of vacuum.
8. Expansion chambers shall be provided between valves whenever the regulated gas
may be subjected to thermal expansion. Chambers shall be sized to provide protection
for piping and instrumentation and to accommodate the expansion of regulated
materials.
SECTION 5003.2.2.2 ADDITIONAL REGULATION FOR SUPPLY PIPING FOR
HEALTH HAZARD MATERIALS. AMENDED
5003.2.2.2 Additional Regulation for Supply Piping for Health Hazard Materials.
Supply piping and tubing for gases and liquids having a health hazard ranking of 3 or 4
shall be in accordance with ASME B31.3 and the following:
1. Piping and tubing utilized for the transmission of toxic, highly toxic, or highly
volatile corrosive liquids and gases shall have welded or brazed connections
throughout except for connections within an exhausted enclosure if the
material is a gas, or an approved method of drainage or containment is
provided for connections if the material is a liquid.
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2. Piping and tubing shall not be located within corridors, within any portion of a
means of egress required to be enclosed in fire-resistance-rated construction or
in concealed spaces in areas not classified as Group H Occupancies.
3. All primary piping for toxic, highly toxic and moderately toxic gases shall
pass a helium leak test of 1x10-9 cubic centimeters/second where practical, or
shall pass testing in accordance with an approved, nationally recognized
standard. Tests shall be conducted by a qualified "third party" not involved
with the construction of the piping and control systems.
Exception: Piping and tubing within the space defined by the walls of
corridors and the floor or roof above or in concealed space above other
occupancies when installed in accordance with Section 415.11.7.4 of the
California Building Code as required for Group H-5 Occupancies.
SECTION 5003.3.1 UNAUTHORIZED DISCHARGES. AMENDED
5003.3.3.1 Unauthorized discharges. In the event hazardous materials are released in
quantities reportable under state, federal or local regulations or when there is release or a
threatened release that presents a threat to health, property or the environment, the fire
code official shall be notified immediately in an approved manner and the following
procedures required in accordance with Sections 5003.3.1.1 through 5003.3.1.4.
SECTION 5003.5.2 VENTILATION DUCTING. ADDED
5003.5.2 Ventilation Ducting. Ducts venting hazardous materials operations shall be
labeled with the hazard class of the material being vented and the direction of flow.
SECTION 5003.5.3 “H” OCCUPANCIES. ADDED
5003.5.3 “H” Occupancies. In "H" occupancies, all piping and tubing may be required
to be identified when there is any possibility of confusion with hazardous materials
transport tubing or piping. Flow direction indicators are required.
SECTION 5003.10.4 ELEVATORS USED TO TRANSPORT HAZARDOUS
MATERIALS. AMENDED
5003.10.4.3 Highly toxic, toxic, moderately toxic gases, asphyxiate gases, and corrosive
gases shall be limited to a container of a maximum water capacity of 1 lb.
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SECTION 5004.2.1 STORAGE. AMENDED
5004.2.1 Spill Control for Hazardous Material Liquids. Rooms, buildings or areas
used for storage of hazardous material liquids shall be provided with spill control to
prevent the flow of liquids to adjoining areas. Floors in indoor locations and similar
surfaces in outdoor locations shall be constructed to contain a spill from the largest single
vessel by one of the following methods:
1. Liquid-tight sloped or recessed floors in indoor locations or similar areas in
outdoor locations.
2. Liquid-tight floors in indoor and outdoor locations or similar areas provided with
liquid-tight raised or recessed sills or dikes.
3. Sumps and collection systems, including containment pallets in accordance with
Section 5004.2.3.
4. Other approved engineered systems.
Except for surfacing, the floors, sills, dikes, sumps and collection systems shall be
constructed of noncombustible material, and the liquid-tight seal shall be compatible with
the material stored. When liquid-tight sills or dikes are provided, they are not required at
perimeter openings having an open-grate trench across the opening that connects to an
approved collection system.
SECTION 5004.2.2. INCOMPATIBLE MATERIALS
5004.2.2. Incompatible Materials. Incompatible shall be separated from each other in
independent secondary containment systems.
Reason for amendments: These are county-wide amendments recommended by the
Santa Clara County Fire Chiefs. It maintains the current standards adopted as part of the
Santa Clara County Hazardous Materials Ordinance and maintains consistency with the
Hazardous Materials Release Response Regulations in the California Health and Safety
Code. It will maintain the current standard used in Gilroy.
Chapter 51 is adopted consistent with the State’s adoption.
Chapter 52 is reserved for future use.
Chapter 53 is adopted consistent with the State’s adoption.
Chapter 54 is adopted in its entirety as amended below.
SECTION 5402 DEFINITIONS
Amend Section 5402.1 to read:
5402.1 Definition. The following term is defined in Chapter 2:
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CORROSIVE.
CORROSIVE LIQUIDS.
Chapter 55 is adopted consistent with the State’s adoption.
Chapter 56 is adopted in its entirety as amended below.
SECTION 5601.1.3 FIREWORKS. AMENDED
5601.1.3 Fireworks. The possession, manufacture, storage, sale, handling, and use of
fireworks, including those fireworks classified as Safe and Sane by the California State
Fire Marshal, are prohibited.
Exception: The use of fireworks for fireworks displays as allowed in Section 5608 and
the sale and use of Safe and Sane Fireworks pursuant to Gilroy City Code Section 10.A.
Reason for amendment: This exception maintains that safe and sane fireworks may be
stored, used and sold during the 4th of July and in conformance to Chapter 10A of the
Gilroy City Code.
Chapter 57 is adopted in its entirety as amended below.
SECTION 5704 STORAGE. AMENDED
5704.2.7.5.8 Overfill Prevention. An approved means or method in accordance with
Section 5704.2.9.7.5 shall be provided to prevent the overfill of all Class I, II and IIIA
liquid storage tanks. Storage tanks in refineries, bulk plants or terminals regulated by
Sections 5706.4 or 5706.7 shall have overfill protection in accordance with API 2350.
An approved means or method in accordance with Section 5704.2.9.7.5 shall be provided
to prevent the overfilling of Class IIIB liquid storage tanks connected to fuel-burning
equipment inside buildings.
Exception: Outside aboveground tanks with a capacity of 1320 gallons (5000 L) or less
need only comply with Section 5704.2.9.7.5.1 (1.1)
Reason for amendment: This is a county-wide amendment recommended by the Santa
Clara County Fire Chiefs. It maintains the current standards adopted as part of the Santa
Clara County Hazardous Materials Ordinance and maintains consistency with the
Hazardous Materials Release Response Regulations in the California Health and Safety
Code. The amendment consolidates the requirement from different codes into one text. It
will maintain the current standard used in Gilroy.
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SECTION 5704.2.7.5.9 AUTOMATIC FILLING OF TANKS. ADDED
5704.2.7.9 Automatic Filling of Tanks. Systems that automatically fill flammable or
combustible liquid tanks shall be equipped with overfill protection, approved by the fire
code official that sends an alarm signal to a constantly attended location and immediately
stops the filling of the tank. The alarm signal and automatic shutoff shall be tested on an
annual basis and records of such testing shall be maintained on-site for a period of five
(5) years.
Reason for amendment: This is a county-wide amendment recommended by the Santa
Clara County Fire Chiefs. It maintains the current standards adopted as part of the Santa
Clara County Hazardous Materials Ordinance and maintains consistency with the
Hazardous Materials Release Response Regulations in the California Health and Safety
Code. The amendment consolidates the requirement from different codes into one text. It
will maintain the current standard used in Gilroy.
SECTION 5707.3.3 SITE PLAN. AMENDED
5707.3.3 Site Plan. A site plan shall be developed for each location at which mobile
fueling occurs. The site plan shall be in sufficient detail to indicate: all buildings,
structures, lot lines, property lines, electric car chargers, solar photovoltaic parking lot
canopies, and appurtenances on site and their use and function; all uses adjacent to the lot
lines of the site; fueling locations, the locations of all storm drain openings and adjacent
waterways or wetlands; information regarding slope, natural drainage, curbing,
impounding and how a spill will be kept on the site property; and the scale of the site
plan.
Reason for amendment: This is a county-wide amendment recommended by the Santa
Clara County Fire Chiefs. It provides a regulatory process for the new business mo del of
mobile on demand personal motor vehicle fueling.
Chapter 58 is adopted in its entirety as amended below.
SECTION 5809.3.4 SITE PLAN. AMENDED
5809.3.4 Site Plan. For other than emergency roadside service, a site plan shall be
developed for each location at which mobile gaseous hydrogen fueling occurs. The site
plan shall be in sufficient detail to indicate: all buildings, structures, lot lines, property
lines and appurtenances on site and their use and function, and the scale of the site plan.
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Reason for amendment: This is a county-wide amendment recommended by the Santa
Clara County Fire Chiefs. It provides a regulatory process for the new business model of
mobile on demand personal motor vehicle fueling.
Chapter 59 is adopted consistent with the State’s adoption.
Chapter 60 is adopted in its entirety as amended below.
SECTION 6001.1 GENERAL. AMENDED
6001.1 Scope. The storage and use of highly toxic, toxic and moderately toxic materials
shall comply with this chapter. Compressed gases shall also comply with Chapter 53.
Exception:
1. Display and storage in Group M and storage in Group S occupancies complying with
Section 5003.1 1.
2. Conditions involving pesticides or agricultural products as follows:
2.1 Application and release of pesticide, agricultural products and materials
intended for use in weed abatement, erosion control, soil amendment or
similar applications when applied in accordance with the manufacturer’s
instruction and label directions.
2.2 Transportation of pesticides in compliance with the Federal Hazardous
Materials Transportation Act and regulations thereunder.
2.3 Storage in dwellings or private garages of pesticides registered by the U.S.
Environmental Protection Agency to be utilized in and around the home,
garden, pool, spa and patio.
SECTION 6004.1 GENERAL. AMENDED
6004.1 General. The storage and use of highly toxic, toxic, and moderately toxic
compressed gases shall comply with this section.
6004.1.1 Special limitations for indoor storage and use by occupancy. The indoor
storage and use of highly toxic, toxic, and moderately toxic compressed gases in
certain occupancies shall be subject to the limitations contained in Sections
6004.1.1.1 through 6004.1.1 .3.
6004.1.1.1 Group A, E, I or U occupancies. Moderately toxic, toxic and highly toxic
compressed gases shall not be stored or used within Group A, E, I or U occupancies.
Exception: Cylinders not exceeding 20 cubic feet (0.566 m3) at normal temperature
and pressure (NTP) are allowed within gas cabinets or fume hoods.
6004.1.1.2 Group R occupancies. Moderately toxic, toxic, and highly toxic
compressed gases shall not be stored or used in Group R occupancies.
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6004.1.1.3 Offices, retail sales, and classrooms. Moderately toxic, toxic, and highly
toxic compressed gases shall not be stored or used in offices, retail sales, or
classroom portions of Group B, F, M, or S occupancies.
Exception: In classrooms of Group B occupancies, cylinders with a capacity not
exceeding 20 cubic feet (0.566 m3) at NTP are allowed in gas cabinets or fume hoods.
SECTION 6004.2 INDOOR STORAGE AND USE. AMENDED
6004.2 Indoor Storage and Use. The indoor storage and use of highly toxic, toxic, and
moderately toxic compressed gases shall be in accordance with Sections 6004.2.1
through 6004.2.4.
SECTION 6004.2.1 APPLICABILITY. AMENDED
6004.2.1 Applicability. The applicability of regulations governing the indoor storage and
use of highly toxic, toxic, and moderately toxic compressed gases shall be as set forth in
Sections 6004.2.1.1 through 6004.2.1.4.
SECTION 6004.2.1.4 QUANTITIES EXCEEDING THE MINIMUM
THRESHOLD QUANTITIES BUT NOT EXCEEDING THE MAXIMUM
ALLOWABLE QUANTITIES PER CONTROL AREAS. ADDED
6004.2.1.4 Quantities exceeding the minimum threshold quantities but not exceeding
the maximum allowable quantities per control area. The indoor storage or use of
highly toxic, toxic, and moderately toxic gases in amounts exceeding the minimum
threshold quantities per control area set forth in Table 6004.2.1.4 but not exceeding
maximum allowable quantity per control area set forth in Table 5003.1.1(2) shall be in
accordance with Sections 5001, 5003, 6001, 6004.1, and 6004.4
ADD TABLE 6004.2.1.4 MINIMUM THRESHOLD QUANTITIES FOR HIGHLY
TOXIC, TOXIC AND MODERATELY TOXIC GASES FOR INDOOR STORAGE
AND USE
Minimum Threshold Quantities for Highly Toxic, Toxic, and Moderately Toxic
Gases for Indoor Storage and Use
Highly Toxic 20 cubic feet
Toxic 405 cubic feet
Moderately Toxic 405 cubic feet
SECTION 6004.4 GENERAL INDOOR REQUIREMENTS. ADDED
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6004.4 General Indoor Requirements. The general requirements applicable to the
indoor storage and use of highly toxic, toxic, and moderately toxic compressed gases
shall be in accordance with Sections 6004.4 through 6004.4.8.2
SECTION 6004.4.1 CYLINDER AND TANK LOCATION. ADDED
6004.4.1 Cylinder and Tank Location. Cylinders shall be located within gas
cabinets, exhausted enclosures, or gas rooms. Portable and stationary tanks shall be
located within gas rooms or exhausted enclosures.
Exceptions:
1. Where a gas detection system is provided in accordance with 6004.4.8
SECTION 6004.4.2 VENTILATED AREAS. ADDED
6004.4.2. Ventilated Areas. The room or area in which gas cabinets or exhausted
enclosures are located shall be provided with exhaust ventilation. Gas cabinets or
exhausted enclosures shall not be used as the sole means of exhaust for any room or area.
SECTION 6004.4.3 PIPING AND CONTROLS. ADDED
6004.4.3. Piping and Controls. In addition to the requirements of Section 5003.2.2,
piping and controls on stationary tanks, portable tanks, and cylinders shall comply with
the following requirements:
1. Stationary tanks, portable tanks, and cylinders in use shall be provided with a means
of excess flow control on all tank and cylinder inlet or outlet connections.
Exceptions:
1. Inlet connections designed to prevent backflow.
2. Pressure relief devices.
SECTION 6004.4.4 GAS ROOMS. ADDED
6004.4.4 Gas rooms. Gas rooms shall comply with Section 5003.8.4 and both of the
following requirements:
1. The exhaust ventilation from gas rooms shall be directed to an exhaust system.
2. Gas rooms shall be equipped with an approved automatic sprinkler system.
Alternative fire- extinguishing systems shall not be used.
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SECTION 6004.4.5 TREATMENT SYSTEMS. ADDED
6004.4.5 Treatment systems. The exhaust ventilation from gas cabinets, exhausted
enclosures and gas rooms, required in Section 6004.4.1 shall be directed to a treatment
system. The treatment system shall be utilized to handle the accidental release of gas and
to process exhaust ventilation. The treatment system shall be designed in accordance with
Sections 6004.2.2.7.1 through 6004.2.2.7.5 and Chapter 5 of the California Mechanical
Code.
Exceptions:
1. Highly toxic, toxic, and moderately toxic gas storage. A treatment system is not
required for cylinders, containers, and tanks in storage where all of the following
controls are provided:
1.1 Valve outlets are equipped with gas-tight outlet plugs or caps.
1.2 Hand-wheel-operate dated valves have handles secured to prevent movement.
1.3 Approved containment vessels or containment systems are provided in
accordance with Section 6004.2.2.3.
2. Highly toxic, toxic, and moderately toxic gases-use. Treatment systems are not
required for highly toxic, toxic, and moderately toxic gases supplied by stationary
tanks, portable tanks, or cylinders where a gas detection system complying with
Section 6004.4.8 and listed or approved automatic-closing fail-safe valves are
provided. The gas detection system shall have a sensing interval not exceeding 5
minutes. Automatic-closing fail-safe valves shall be located immediately adjacent to
cylinder valves and shall close when gas is detected at the permissible exposure limit
(PEL) by a gas sensor monitoring the exhaust system at the point of discharge from
the gas cabinet, exhausted enclosure, ventilated enclosure or gas room.
SECTION 6004.4.5.1 DESIGN. ADDED
6004.4.5.1 Design. Treatment systems shall be capable of diluting, adsorbing, absorbing,
containing, neutralizing, burning, or otherwise processing the contents of the largest
single vessel of compressed gas. Where a total containment system is used, the system
shall be designed to handle the maximum anticipated pressure of release to the system
when it reaches equilibrium.
SECTION 6004.4.5.2 PERFORMANCE. ADDED
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6004.4.5.2. Performance. Treatment systems shall be designed to reduce the maximum
allowable dis- charge concentrations of the gas to one-half immediate by dangerous to
life and health (IDLH) at the point of discharge to the atmosphere. Where more than one
gas is emitted to the treatment system, the treatment system shall be designed to handle
the worst-case release based on the release rate, the quantity and the IDLH for all
compressed gases stored or used.
SECTION 6004.4.5.3 SIZING. ADDED
6004.4.5.3. Sizing. Treatment systems shall be sized to process the maximum worst-case
release of gas based on the maximum flow rate of release from the largest vessel utilized.
The entire contents of the largest compressed gas vessel shall be considered.
SECTION 6004.4.5.4 STATIONARY TANKS. ADDED
6004.4.5.4 Stationary Tanks. Stationary tanks shall be labeled with the maximum rate
of release for the compressed gas contained based on valves or fittings that are inserted
directly into the tank. Where multiple valves or fittings are provided, the maximum flow
rate of release for valves or fittings with the highest flow rate shall be indicated. Where
liquefied compressed gases are in contact with valves or fittings, the liquid flow rate shall
be utilized for computation purposes. Flow rates indicated on the label shall be converted
to cubic feet per minute (cfm/min) (m3/s) of gas at normal temperature and pressure
(NTP).
SECTION 6004.4.5.5 PORTABLE TANKS AND CYLINDERS. ADDED
6004.4.5.5 Portable Tanks and Cylinders. The maximum flow rate of release for
portable tanks and cylinders shall be calculated based on the total release from the
cylinder or tank within the time specified in Table 6004.2.2.7.5. Where portable tanks or
cylinders are equipped with approved excess flow or reduced flow valves, the worst-case
release shall be determined by the maximum achievable flow from the valve as
determined by the valve manufacturer or compressed gas supplier. Reduced flow and
excess flow valves shall be permanently marked by the valve manufacturer to indicate the
maximum design flow rate. Such markings shall indicate the flow rate for air under
normal temperature and pressure.
SECTION 6004.4.6 EMERGENCY POWER. ADDED
6004.4.6. Emergency Power. Emergency power shall be provided for the following
systems in accordance with Section 604:
1. Exhaust ventilation system
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2. Treatment system
3. Gas detection system
4. Smoke detection system
SECTION 6004.4.6.1 FAIL-SAFE SYSTEMS. ADDED
6004.4.6.1. Fail-Safe Systems. Emergency power shall not be required for mechanical
exhaust ventilation and treatment systems where approved fail-safe systems are installed
and designed to stop gas flow.
SECTION 6004.4.7 AUTOMATIC FIRE DETECTION SYSTEMS. ADDED
6004.4.7. Automatic Fire Detection System. An approved automatic fire detection
system shall be installed in rooms or areas where highly toxic, toxic, and moderately
toxic compressed gases are stored or used. Activation of the detection system shall sound
a local alarm. The fire detection system shall comply with Section 907.
SECTION 6004.4.8 GAS DETECTION SYSTEMS. ADDED
6004.4.8. Gas Detection System. A gas detection system complying with Section 916
shall be provided to detect the presence of gas at or below the PEL or ceiling limit of the
gas for which detection is provided.
Exceptions:
1. A gas detection system is not required for toxic and moderately toxic gases when the
physiological warning threshold level for the gas is at a level below the accepted PEL
for the gas.
2. A gas detection system is not required for highly toxic, toxic, and moderately toxic
gases where cylinders, portable tanks, and all non-continuously welded connects are
within a gas cabinet or exhausted enclosures.
SECTION 6004.4.8.1 ALARMS. ADDED
6004.4.8.1 Alarms. The gas detection system shall initiate a local alarm and transmit a
signal to an approved location.
SECTION 6004.4.8.2 SHUT OFF OF GAS SUPPLY. ADDED
6004.4.8.2. Shut off of gas supply. The gas detection system shall automatically close
the shut-off valve at the source on gas supply piping and tubing related to the system
being monitored for whichever gas is detected.
Exceptions: Automatic shutdown is not required for highly toxic, toxic, and moderately
toxic compressed gas systems where all of the following controls are provided:
1. Constantly attended/supervised.
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2. Provided with emergency shutoff valves that have ready access.
Reason for amendments: These are county-wide amendments for Chapter 60
recommended by the Santa Clara County Fire Chiefs.
Chapter 61 is adopted consistent with the State’s adoption.
Chapter 62 is adopted consistent with the State’s adoption.
Chapter 63 is adopted consistent with the State’s adoption.
Chapter 64 is adopted in its entirety as amended below.
SECTION 6405.3.1 SILANE DISTRIBUTION SYSTEMS AUTOMATIC
SHUTDOWN. ADDED
6405.3.1 Silane Distribution Systems Automatic Shutdown. Silane distribution
systems shall automatically shut down at the source upon activation of the gas detection
system at levels above the alarm level and/or failure of the ventilation system for the
silane distribution system.
Reason for amendment: All the amendments to Section 6004 that follow are part of a
county-wide amendment recommended by the Santa Clara County Fire Chiefs. It
maintains the current standards and accepted practices within the County of Santa Clara
and maintains consistency with the Hazardous Materials Release Response Regulations
in the California Health and Safety Code. The International Fire Code does not include
provisions for gases that are moderately toxic. This amendment preserves the original
Toxic Gas Ordinance Provisions. It will maintain the current standard used in Gilroy.
Chapter 65 is adopted consistent with the State’s adoption.
Chapter 66 is adopted consistent with the State’s adoption.
Chapter 67 is adopted consistent with the State’s adoption.
Chapters 68 through 79 reserved for future use.
Chapter 80 is adopted in its entirety as amended below.
Add the following reference standard to read:
855 – 20: Standard for the Installation of Stationary Energy Storage Systems
Reason for amendment: This is a County-wide amendment recommended by the Santa
Clara County Fire Chiefs.
APPENDIX A NOT ADOPTED BY THE STATE FIRE MARSHAL.
APPENDIX B is adopted in its entirety as amended below.
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SECTION B105 FIRE-FLOW REQUIREMENTS FOR BUILDINGS
Amend Section B105.2 to read:
B105.2 Buildings other than one- and two-family dwellings, Group R-3 and R-4
buildings and townhouses. The minimum fire-flow and flow duration for buildings
other than one- and two-family dwellings, Group R-3 and R-4 buildings and townhouses
shall be as specified in Tables B105.1(2) and B105.2.
Exceptions: [SFM] Group B, S-2, and U occupancies having a floor area not exceeding
1,000 square feet, primarily constructed of noncombustible exterior walls with wood or
steel roof framing, having a Class A roof assembly, with uses limited to the following or
similar uses:
1. California State Parks buildings of an accessory nature (restrooms).
2. Safety roadside rest areas (SRRA) and public restrooms.
3. Truck inspection facilities (TIF), CHP office space, and vehicle inspection
bays.
4. Sand/salt storage buildings, storage of sand and salt.
The maximum fire flow reduction for all commercial buildings greater than 30,000
square feet and residential podium buildings shall not exceed 25 percent of the fire flow
specified in Table B105.1(2). The maximum fire flow reduction for all other buildings
shall not exceed 50 percent of the fire flow specified in Table B105.1(2).
Reason for amendment: This is a County-wide amendment recommended by the Santa
Clara County Fire Chiefs. These amendments limit the amount that fire flow can be
reduced.
APPENDIX BB is adopted consistent with the State’s adoption.
APPENDIX C is adopted in its entirety as amended below.
SECTION C102 NUMBER OF FIRE HYDRANTS
Amend Section C102.1 to read:
C102.1 Minimum number of fire hydrants for a building. The number of fire hydrants
available to a building shall be not less than the minimum specified in Table C102.1,
utilizing the base fire flow without fire sprinkler reduction.
Reason for amendment: This is a County-wide amendment recommended by the Santa
Clara County Fire Chiefs.
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SECTION C103 FIRE HYDRANTS SPACING
Amend Section C103.1 to read:
C103.1 Hydrant spacing. Fire apparatus access roads and public streets providing
required access to buildings in accordance with Section 503 of the California Fire Code
shall be provided with one or more fire hydrants, as determined by Section C102.1.
Where more than one fire hydrant is required, the distance between required fire hydrants
shall be in accordance with Sections C103.2 and C103.3, but in no case shall the average
spacing be more than 300 feet on center.
Reason for amendment: This is a County-wide amendment recommended by the Santa
Clara County Fire Chiefs and is consistent with the City of Gilroy’s existing standards
and specifications.
APPENDIX D is adopted in its entirety as amended below.
SECTION D103 MINIMUM SPECIFICATIONS
Amend Section D103.2 as follows:
D103.2 Grade. The maximum grade of a fire department apparatus access road shall not
exceed 15 percent unless approved by the fire code official.
Amend Section D103.3 as follows:
D103.3 Turning radius. The required turning radius of a fire apparatus access roads
shall be a minimum of 30 inside, and a minimum of 50 outside.
Amend Section D103.4 to read:
D103.4 Dead ends. Dead-end fire apparatus access roads in excess of 150 feet (45 720
mm) shall be provided with width and turnaround provisions in accordance with Table
D103.4, as approved by the fire code official.
Amend Table D103.4 to read:
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TABLE D103.4
REQUIREMENTS FOR DEAD-END
FIRE APPARATUS ACCESS ROADS
Length (feet) WIDTH (feet) TURAROUDS REQIURED
0 – 150 26 Not required, unless determined necessary by
the fire code official
151 – 500 26 120-foot Hammerhead, 60-foot “Y”
or 96-foot-diameter cul-de-sac in
accordance with Figure D103.1
500– 750 26 120-foot Hammerhead, 60-foot “Y”
or 96-foot-diameter cul-de-sac in
accordance with Figure D103.1
Over 750 Special approval required
D103.5 Fire apparatus access road gates. Gates securing the fire apparatus access roads
shall comply with all of the following criteria: the fire apparatus access roads shall
comply with all of the following criteria:
1. Where a single gate is provided, the gate width shall be not less than 20 feet (6096
mm). Where a fire apparatus road consists of a divided roadway, the gate width shall
be not less than 20 feet (6096 mm).
2. Gates shall be of the horizontal swing, horizontal slide, vertical lift or vertical pivot
type.
3. Construction of gates shall be of materials that allow manual operation by one person.
4. Gate components shall be maintained in an operative condition at all times and
replaced or repaired when defective.
5. Electric gates shall be equipped with a means of opening the gate by fire department
personnel for emergency access. Emergency opening devices shall be approved by
the fire code official.
6. Methods of locking shall be submitted for approval by the fire code official.
7. Electric gate operators, where provided, shall be listed in accordance with UL 325.
8. Gates intended for automatic operation shall be designed, constructed and installed to
comply with the requirements of ASTM F2200.
Reason for amendment: This is a County-wide amendment recommended by the Santa
Clara County Fire Chiefs.
SECTION VI
Upon adoption of each new California Building Standards Code, the Ordinance adopting the
previously adopted California Building Standards Code is superseded in its entirety. This
Ordinance does not repeal the 2022 Ordinance that adopts by reference and amends parts of the
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2022 California Building Standards Code, nor the 2022 Ordinance that adopts by reference and
amends the 2022 California Green Building Standards Code.
SECTION VII
The provisions of this Ordinance are separable, and the invalidity of any phrase, clause,
provision, or part shall not affect the validity of the remainder.
SECTION VIII
In accordance with Section 36937 of the Government Code of the State of California, this
Ordinance shall take effect thirty (30) days from and after the date of its final adoption by the
City Council, but no sooner than January 1, 2023.
PASSED AND ADOPTED this __ day of ____, 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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