11/21/2022 City Council Regular Agenda Packet
November 17, 2022 3:15 PM City Council Regular Meeting Agenda Page1 MAYOR
Marie Blankley
COUNCIL MEMBERS
Rebeca Armendariz
Dion Bracco
Zach Hilton
Peter Leroe-Muñoz
Carol Marques
Fred Tovar
CITY COUNCIL
AGENDA
CITY OF GILROY
CITY COUNCIL CHAMBERS, CITY HALL
7351 ROSANNA STREET
GILROY, CA 95020
REGULAR MEETING 6:00 P.M.
MONDAY, NOVEMBER 21, 2022
CITY COUNCIL PACKET MATERIALS ARE AVAILABLE ONLINE AT www.cityofgilroy.org
AGENDA CLOSING TIME IS 5:00 P.M. THE TUESDAY PRIOR TO THE MEETING
Due to COVID-19, it is possible that the planned in-person meeting may have to change to a virtual
meeting at any time and possibly on short notice. Please check the City of Gilroy website at
http://gilroyca.iqm2.com/Citizens/default.aspx for any updates to meeting information.
COMMENTS BY THE PUBLIC WILL BE TAKEN ON AGENDA ITEMS BEFORE ACTION IS TAKEN BY
THE CITY COUNCIL. Public testimony is subject to reasonable regulations, including but not
limited to time restrictions for each individual speaker. Please limit your comments to 3 minutes.
The amount of time allowed per speaker may vary at the Mayor’s discretion depending on the
number of speakers and length of the agenda.
Written comments on any agenda item may be emailed to the City Clerk’s Office at
cityclerk@cityofgilroy.org or mailed to the Gilroy City Clerk’s Office at City Hall, 7351 Rosanna
Street, Gilroy, CA 95020. Comments received by the City Clerk’s Office by 1 p.m. on the day of a
Council meeting will be distributed to the City Council prior to or at the meeting and available for
public inspection with the agenda packet located in the lobby of Administration at City Hall, 7351
Rosanna Street prior to the meeting. Any correspondence received will be incorporated into the
meeting record. Items received after the 1 p.m. deadline will be provided to the City Council as
soon as practicable. Written comments are also available on the City’s Public Records Portal at
https://bit.ly/3G1vihU.
In compliance with the Americans with Disabilities Act, 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 review 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
11/21/2022 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. Retirement Proclamation for Visit Gilroy Executive
Director/CEO Jane Howard
2.1.2. Proclamation - Small Business Saturday
City Council Regular Meeting Agenda
11/21/2022 Page3 3. PRESENTATIONS TO THE COUNCIL
3.1 Annual Planning Commission Presentation
3.2. PUBLIC COMMENT BY MEMBERS OF THE PUBLIC ON ITEMS NOT
ON THE AGENDA BUT WITHIN THE SUBJECT MATTER
JURISDICTION OF THE CITY COUNCIL
This portion of the meeting is reserved for persons desiring to address the Council
on matters within the Gilroy City Council’s jurisdiction but not on the agenda.
Persons wishing to address the Council are requested to complete a Speaker’s
Card located at the entrances and handed to the City Clerk. Speakers are limited to
1 to 3 minutes each, varying at the Mayor’s discretion depending on the number of
speakers and length of the agenda. The law does not permit Council action or
extended discussion of any item not on the agenda except under special
circumstances. If Council action is requested, the Council may place the matter on
a future agenda.
Written comments to address the Council on matters not on this agenda may be e-
mailed to the City Clerk’s Office at cityclerk@cityofgilroy.org or mailed to the
Gilroy City Clerk’s Office at City Hall, 7351 Rosanna Street, Gilroy, CA 95020.
Comments received by the City Clerk’s Office by 1:00pm on the day of a Council
meeting will be distributed to the City Council prior to or at the meeting and
available for public inspection with the agenda packet located in the lobby of
Administration at City Hall, 7351 Rosanna Street, prior to the meeting. Any
correspondence received will be incorporated into the meeting record. Items
received after the 1:00pm deadline will be provided to the City Council as soon as
practicable. Written material provided by public members under this section of the
agenda will be limited to 10 pages in hard copy. An unlimited amount of material
may be provided electronically.
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 Age ncy Governing Board, Santa
Clara Valley Habitat Agency Implementation Board, South County Regio nal Wastewater
Authority (Alternate)
Council Member Hilton – Gilroy Economic Development Partnership, Silicon Valley
Clean Energy Authority JPA Board, South Cou nty 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),
City Council Regular Meeting Agenda
11/21/2022 Page4 South County Joint Recycled Water Advisory Commit tee, 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
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 th e public. Any person desiring
to speak on any item on the consent calendar should ask to have that item removed from the
consent calendar prior to the time the Council votes to approve. If removed, the item will be
discussed in the order in which it appears.
7.1. Action Minutes of the City Council - Regular Meeting - Nov 7, 2022
6:00 PM
7.2. Adopt a Resolution of the City Council of the City of Gilroy
Authorizing the City Administrator to Execute a Non-Disclosure
Agreement with W-Trans and Strategic Economics, Inc. and Release
Confidential Sales Tax Data for Development of the Downtown
Parking Management Plan
8. BIDS AND PROPOSALS
8.1. Award a Contract to Moore Iacofanco Goltsman, Inc. for Justice,
Equity, Diversity, and Inclusion Consultation Services in th e Amount
of $114,905.
1. Staff Report: Bryce Atkins, Assistant to the City Administrator
2. Public Comment
3. Possible Action:
Award a contract to Moore Iacofanco Goltsman, Inc. for justice, equity, diversity
and inclusion consultation services in the amount of $114,905.
City Council Regular Meeting Agenda
11/21/2022 Page5 9. PUBLIC HEARINGS
9.1. Adoption of An Urgency Ordinance of the City Council of the City of
Gilroy Adopting a Franchise Agreement with Recology South Valley
for Solid Waste Hauling Services and a Finding that Its Action in
Adopting the Ordinance is Exempt From Review Under the Califo rnia
Environmental Quality Act (“CEQA”) Pursuant to CEQA Guidelines
Section 15061(b)(3) (Common Sense Exemption) In that the
Proposed Ordinance Will Continue an Existing State-Mandated
Program for the Protection of Public Health and the Environment,
and None of the Circumstances in CEQA Guidelines Section 15300.2
Apply.
1. Disclosure of Ex-Parte Communications
2. Staff Report: Bryce Atkins, Assistant to the City Administrator
3. Open Public Hearing
4. Close Public Hearing
5. Possible Action:
a) Motion to read the ordinance by title only and waive any future reading.
b) Adopt an Urgency Ordinance of the City Council of the City of Gilroy
approving a franchise agreement with Recology South Valley for solid
waste hauling services.
9.2. Introduction of An Ordinance of the City Cou ncil of the City of Gilroy
Adopting a Franchise Agreement with Recology South Valley for
Solid Waste Hauling Services and a Finding that Its Action in
Adopting the Ordinance is Exempt From Review Under the California
Environmental Quality Act (“CEQA”) Pursuant to CEQA Guidelines
Section 15061(b)(3) (Common Sense Exemption) In that the
Proposed Ordinance Will Continue an Existing State-Mandated
Program for the Protection of Public Health and the Environme nt,
and None of the Circumstances in CEQA Guidelines Section 15300.2
Apply.
1. Disclosure of Ex-Parte Communications
2. Staff Report: Bryce Atkins, Assistant to the City Administrator
3. Open Public Hearing
4. Close Public Hearing
5. Possible Action:
a) Motion to read the ordinance by title only and waive further reading.
b) Introduce an Ordinance of the City Council of the City of Gilroy Approving
a Franchise Agreement with Recology South Valley for Solid Waste
Hauling Services.
City Council Regular Meeting Agenda
11/21/2022 Page6 9.3. Proposed Rezoning, Tentative Map and Architectural and Site
Review to Develop 3.37 Acres with a 45 Unit Townhouse Project
(Royal Way Townhomes).
1. Disclosure of Ex-Parte Communications
2. Staff Report: Kraig Tambornini, Senior Planner
3. Open Public Hearing
4. Close Public Hearing
5. Possible Action:
a) Motion to read the ordinance by title only and waive further reading; and
Introduce an Ordinance of the City Council approving adoption of a
Planned Unit Development Overlay Zoning Amendment for property at
Royal Way (file number Z 21-05); and
b) Adopt a resolution approving a Tentative Map for a 45-unit townhome
development (file number TM 21-04); and
c) Adopt a resolution approving an Architectural and Site Review Permit to
allow construction of a 45-unit townhome project on the property following
approval of the associated PUD zoning amendment and tentative map.
9.4. Adopt an Ordinance Adopting by Reference the 2022 California
Building Codes with Amendments
1. Disclosure of Ex-Parte Communications
2. Staff Report: Sharon Goei, Community Development Director
3. Open Public Hearing
4. Close Public Hearing
5. Possible Action:
Waive the second reading and adopt 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 Cod e, with amendments.
City Council Regular Meeting Agenda
11/21/2022 Page7 9.5. Adopt an Ordinance Adopting by Reference the 2022 California
Green Building Standards Code with Amendments
1. Disclosure of Ex-Parte Communications
2. Staff Report: Sharon Goei, Community Development Director
3. Open Public Hearing
4. Close Public Hearing
5. Possible Action:
Waive the second reading and adopt 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.
9.6. Adopt an Ordinance Adopting by Reference the 2022 California Fire
Code with Amendments
1. Disclosure of Ex-Parte Communications
2. Staff Report: Sharon Goei, Community Development Director
3. Open Public Hearing
4. Close Public Hearing
5. Possible Action:
Waive the second reading and adopt 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.
10. UNFINISHED BUSINESS
11. INTRODUCTION OF NEW BUSINESS
11.1. Agricultural Zoning Districts and Establishment of Agricultural,
Resource, and Open Spaces Uses Including Beekeeping
1. Staff Report: Bryce Atkins, Assistant to the City Administrator
2. Public Comment
3. Possible Action:
Council direction not to proceed with pursuing policies permitti ng agriculture
operations, including beekeeping, outside of agriculture districts.
City Council Regular Meeting Agenda
11/21/2022 Page8 12. CITY ADMINISTRATOR'S REPORTS
13. CITY ATTORNEY'S REPORTS
14. CLOSED SESSION
15. ADJOURNMENT
FUTURE MEETING DATES
DECEMBER 2022
5* Regular Meeting - 6:00 p.m.
12* Special Meeting - 6:00 p.m.
19* Regular Meeting - 6:00 p.m. -CANCELLED-
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
FEBRUARY 2023
6* Regular Meeting - 6:00 p.m.
27* Regular Meeting - 6:00 p.m.
*Meeting is webstreamed
PROCLAMATION
City of Gilroy, California
WHEREAS, Jane Howard has well served the Gilroy community for
over seventeen years as the CEO/Executive Director of
Visit Gilroy; and
WHEREAS, Jane has made significant contributions to Gilroy in the
areas of tourism, economic development, and
philanthropy, all of which has improved the quality of
life for the Gilroy Community; and
WHEREAS, Jane is retiring from the position of Visit Gilroy
CEO/Executive Director with the sincere gratitude and
appreciation of the Gilroy City Council for her years of
dedicated service to our fine City; and
WHEREAS, Jane has left a legacy of community service,
professionalism, dedication, and a spirit of
collaboration.
NOW, THEREFORE, I, Marie Blankley, Mayor of the City of
Gilroy, and on behalf of the entire City Council and all of the citizens
and employees of Gilroy, join in thanking
JANE HOWARD
For her commitment to her community and wish her well in retirement
for years to come.
Attested to by:
Marie Blankley Thai Nam Pham
MAYOR City Clerk
2.1.1
Packet Pg. 9 Communication: Retirement Proclamation for Visit Gilroy Executive Director/CEO Jane Howard (Proclamations, Awards, and Presentations)
2.1.2
Packet Pg. 10 Communication: Proclamation - Small Business Saturday (Proclamations, Awards, and Presentations)
3.3
Packet Pg. 11 Communication: Public Correspondence - Joseph P Thompson (PRESENTATIONS TO THE COUNCIL)
3.3
Packet Pg. 12 Communication: Public Correspondence - Joseph P Thompson (PRESENTATIONS TO THE COUNCIL)
3.3
Packet Pg. 13 Communication: Public Correspondence - Joseph P Thompson (PRESENTATIONS TO THE COUNCIL)
3.3
Packet Pg. 14 Communication: Public Correspondence - Joseph P Thompson (PRESENTATIONS TO THE COUNCIL)
3.3
Packet Pg. 15 Communication: Public Correspondence - Joseph P Thompson (PRESENTATIONS TO THE COUNCIL)
3.3
Packet Pg. 16 Communication: Public Correspondence - Joseph P Thompson (PRESENTATIONS TO THE COUNCIL)
3.3
Packet Pg. 17 Communication: Public Correspondence - Joseph P Thompson (PRESENTATIONS TO THE COUNCIL)
3.3
Packet Pg. 18 Communication: Public Correspondence - Joseph P Thompson (PRESENTATIONS TO THE COUNCIL)
3.3
Packet Pg. 19 Communication: Public Correspondence - Joseph P Thompson (PRESENTATIONS TO THE COUNCIL)
3.3
Packet Pg. 20 Communication: Public Correspondence - Joseph P Thompson (PRESENTATIONS TO THE COUNCIL)
3.3
Packet Pg. 21 Communication: Public Correspondence - Joseph P Thompson (PRESENTATIONS TO THE COUNCIL)
3.3
Packet Pg. 22 Communication: Public Correspondence - Joseph P Thompson (PRESENTATIONS TO THE COUNCIL)
3.3
Packet Pg. 23 Communication: Public Correspondence - Joseph P Thompson (PRESENTATIONS TO THE COUNCIL)
3.3
Packet Pg. 24 Communication: Public Correspondence - Joseph P Thompson (PRESENTATIONS TO THE COUNCIL)
3.3
Packet Pg. 25 Communication: Public Correspondence - Joseph P Thompson (PRESENTATIONS TO THE COUNCIL)
3.3
Packet Pg. 26 Communication: Public Correspondence - Joseph P Thompson (PRESENTATIONS TO THE COUNCIL)
3.3
Packet Pg. 27 Communication: Public Correspondence - Joseph P Thompson (PRESENTATIONS TO THE COUNCIL)
3.3
Packet Pg. 28 Communication: Public Correspondence - Joseph P Thompson (PRESENTATIONS TO THE COUNCIL)
3.3
Packet Pg. 29 Communication: Public Correspondence - Joseph P Thompson (PRESENTATIONS TO THE COUNCIL)
3.3
Packet Pg. 30 Communication: Public Correspondence - Joseph P Thompson (PRESENTATIONS TO THE COUNCIL)
City Council Regular Meeting Minutes
11/7/2022
Page 1 of 9
City of Gilroy
City Council Regular Meeting Minutes
November 7, 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 Marques led the Pledge of Allegiance.
2.Invocation
Rabbi Faith Joy Dantowitz 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 Present
Dion Bracco Council Member Present
Zach Hilton Council Member Present
Peter Leroe-Muñoz Vice Mayor Present
Carol Marques Council Member Present
Fred Tovar Council Member Present
1.2. Orders of the Day
There were none.
1.3. Employee Introductions
Public Works Director Jordan introduced the following new employees:
Marco Martinez, Engineer I
Rigoberto Chavez, Maintenance Worker I
Christian Martinez, Maintenance Worker I
Daniel Contreras, Maintenance Worker I
Police Chief Espinoza introduced the following new employees.
Leonor Velasquez, Police Officer
Nico DeVillires, Police Officer
Matthew Lopez, Community Service Officer
2.CEREMONIAL ITEMS
2.1. Proclamations, Awards, and Presentations
2.1.1. Proclamation - United Against Hate Week
Mayor Blankley read aloud the Proclamation.
2.1.2. Proclamation - Arbor Day
7.1
Packet Pg. 31 Minutes Acceptance: Minutes of Nov 7, 2022 6:00 PM (CONSENT CALENDAR (ROLL CALL VOTE))
City Council Regular Meeting Minutes
11/7/2022
Page 2 of 9
Mayor Blankley read aloud the Proclamation and presented it to Parks and
Recreation Chair Graham.
2.1.3. Proclamation - Lung Cancer Awareness Month
Mayor Blankley briefly mentioned the Proclamation.
2.1.4. Retirement Proclamation - Bill Headley
Mayor Blankley briefly mentioned the Proclamation.
2.1.5. Annual Library Commission Presentation
Library Commission Chair Victoria Converson-Baxter presented the annual
presentation to Council.
2.1.6. Annual Open Government Commission Presentation
Open Government Commission Chair Diana Bentz presented the annual
presentation to Council.
3.PRESENTATIONS TO THE COUNCIL
1.PUBLIC COMMENT BY MEMBERS OF THE PUBLIC ON ITEMS NOT ON THE
AGENDA BUT WITHIN THE SUBJECT MATTER JURISDICTION OF THE CITY
COUNCIL
Mayor Blankley opened Public Comment.
The following individuals spoke on items that were not on the agenda:
The following individuals from Citizens for Ethics and Accountability spoke
on three ethical concerns Council Member Tovar and requested Council to
investigate the legality of residency:
Karl T.
Jan C.
Cindy K.
Grace T.
Bob B.
Alan Harunaga spoke on crime in his neighborhood at Uvas Creek and
presented questions for Council to address with regard to police patrol.
Nicole Craig echoed Mr. Harunaga’s concerns about the homelessness
issue in the Uvas Creek neighborhood.
Bill O’Connor asked the Mayor to follow the Council norms when it comes
to Public Comments.
Crescencia Sanchez from Bill Wilson Center reminded Council that
November is National Homeless Youth Awareness Month and promoted the
resources the center has to offer to the community.
Marty Estrada requested Council to build a Youth Center within Gilroy.
Cheryl Parks discussed an incident of her child finding a loaded pistol on
the sidewalk and a crime incident that same evening.
There being no further speakers, Mayor Blankley closed Public Comment.
7.1
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City Council Regular Meeting Minutes
11/7/2022
Page 3 of 9
4.REPORTS OF COUNCIL MEMBERS
Council Member Bracco had nothing to report.
Council Member Armendariz recognized November as National Native American
Heritage Month and recognized the coming of Cesar Chavez Day as a holiday for
the City.
Council Member Marques reminded the public about the Holiday Parade on
December 3, 2022 and reported on Gourmet Alley Ad Hoc Committee.
Council Member Hilton reported on Visit Gilroy California Welcome Center Board
and Silicon Clean Energy Authority JPA Board, and the Gilroy Sister Sisters Cities
Association Dinner that was held on November 1, 2022.
Council Member Tovar reported on Gourmet Alley Ad Hoc Committee.
Council Member Leroe-Muñoz reported on Santa Clara Valley Water District,
Veteran's Day parade on November 11, 2022, and asked the public to vote.
Mayor Blankley reported on the visit to Gilroy by the Mayor and Vice Mayor of
Sister City Angra do Heroismo and thanked the Sister Cities Association for
maintaining our Sister City relationships. Mayor Blankley and Morgan Hill Mayor
Constantine, VTA Board representatives for South County, attended the CalTrain
Board meeting to push for a fourth train to South County. She also reminded the
public to visit the Smithsonian Traveling Exhibition at the Gilroy Library.
5.COUNCIL CORRESPONDENCE
5.1. Council-Initiated Request for an Inventory of Youth Program and
Facilities
Assistant City Administrator McPhillips responded to Council Member questions.
Mayor Blankley opened Public Comment:
Raymundo Armendariz complimented the Recreation staff for providing the
inventory list and stated the need for a Youth Center.
Gabriela Mendoza requested for a Youth Center to be built within the City.
Jacqueline Castillo requested for a Youth Center to be built within the City.
Xavier Garcia discussed the unaffordability of the current facilities.
Bella Santos suggested a location of a Youth Center should one be built.
Marty Estrada inquired who operates the parks and recreation facilities if
the City removed funding away from Recreation.
Sally Armendariz requested for a Youth Center to be built within the City.
There being no further speakers, Mayor Blankley closed Public Comment.
6.FUTURE COUNCIL INITIATED AGENDA ITEMS
There were none.
7.CONSENT CALENDAR (ROLL CALL VOTE)
Council Member Tovar requested to pull Consent Calendar Item No. 7.4.
Mayor Blankley opened public comment.
7.1
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City Council Regular Meeting Minutes
11/7/2022
Page 4 of 9
There being no speakers, Mayor Blankley closed public comment.
RESULT: APPROVE ITEMS 7.1, 7.2, 7.3, 7.5, and 7.6 [UNANIMOUS]
MOVER: Peter Leroe-Muñoz, Vice Mayor
SECONDER: Carol Marques, Council Member
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques, Tovar
7.1. City Council - Regular Meeting - Oct 17, 2022 6:00 PM
A motion was made to accept the minutes.
7.2. City Council - Special Meeting - Study Session - Oct 24, 2022 6:00 PM
A motion was made to accept the minutes.
7.3. Approve Amendments to the 2023 City Council Meeting Schedule
A motion was made to adopt the amended 2023 City Council meetings.
7.4. City of Gilroy Recognition of Cesar Chavez Day (March 31) as an
Observed Holiday
The item was pulled out of Consent Calendar by Council Member Tovar.
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
A motion was made to adopt a Resolution and Authorize the City Administrator
to execute the easement deed.
Enactment No.: Resolution No. 2022-83
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
A motion was made to approve an amendment with Luhdorff & Scalmanini
Consulting Engineers (LSCE).
7.4. City of Gilroy Recognition of Cesar Chavez Day (March 31) as an
Observed Holiday
Council Member Tovar provided a brief speech on the impact of Cesar Chavez.
Mayor Blankley opened Public Comment.
Diane Ortiz, CEO of Youth Alliance, thanked the City Council for
acknowledging the holiday.
Sally Armendariz thanked Council for acknowledging the holiday.
Andres Chavez, Director of the National Chavez Center, thanked Council
for acknowledging the holiday.
Alicia Hernandez, president of the National Hispanic Organization of Real
Estate Associates, stated that she was honored and excited to hear about
for Cesar Chavez Day to be a City recognized holiday.
There being no further speakers, Mayor Blankley closed Public Comment.
7.1
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City Council Regular Meeting Minutes
11/7/2022
Page 5 of 9
RESULT: APPROVE [UNANIMOUS]
MOVER: Fred Tovar, Council Member
SECONDER: Rebeca Armendariz, Council Member
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques,
Tovar
Enactment No.: Resolution No. 2022-82
8.BIDS AND PROPOSALS
There were none.
9.PUBLIC HEARINGS
9.1. Approve Proposed Tentative Map to Divide 778 First Street Into Two Parcels
Mayor Blankley asked Council Members if they received any ex-parte
communications. Mayor Blankley reported one ex-parte communication with a
nearby resident.
Community Development Director Goei provided staff presentation. She and
Senior Planner Tamborinini responded to Council Member questions.
Mayor Blankley opened the Public Hearing at 7:38 PM.
James Polo spoke about the potential issue of whom to contact about the
gate that is on the parcel if the land is split.
Amanda Musy-Verdel, representing Hanna & Brunetti, provided clarification
on the APN number.
Philip Rodriguez, a resident at Oak Commons, requested Council to hold
off on voting on the resolution.
There being no further speakers, Mayor Blankley closed Public Hearing at 7:52
PM.
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).
RESULT: APPROVE [5 TO 1 WITH 1 ABSTENTION]
MOVER: Dion Bracco, Council Member
SECONDER: Peter Leroe-Muñoz, Vice Mayor
AYES: Blankley, Bracco, Hilton, Leroe-Muñoz, Marques
NAYS: Fred Tovar
ABSTAIN: Rebeca Armendariz
Enactment No.: Resolution No. 2022-84
10.UNFINISHED BUSINESS
There were none.
11.INTRODUCTION OF NEW BUSINESS
11.1. Annual Review and Adoption of the City's Investment Policy
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Finance Director Sangha 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:
Adopt a resolution establishing the City’s updated Investment Policy.
RESULT: APPROVE [UNANIMOUS]
MOVER: Peter Leroe-Muñoz, Vice Mayor
SECONDER: Fred Tovar, Council Member
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques,
Tovar
Enactment No.: Resolution No. 2022-85
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. 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 may have a significant effect on the
environment, and none of the circumstances set forth in CEQA
Guidelines Section 15300.2 applies.
Community Development Director provided staff presentation on items 11.2, 11.3,
and 11.4 combined and responded to Council Member questions.
Mayor Blankley opened Public Comment.
There being no speakers, Mayor Blankley closed Public Comment.
Possible Action:
1.Move to read the Ordinance by title only and waive the first reading
beyond the title.
RESULT: READ TITLE OF THE ORDINANCE [UNANIMOUS]
MOVER: Fred Tovar, Council Member
SECONDER: Peter Leroe-Muñoz, Vice Mayor
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz,
Marques, Tovar
x City Clerk Pham read aloud the title of the proposed ordinance.
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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 amendments.
RESULT: INTRODUCE THE ORDINANCE [UNANIMOUS]
MOVER: Carol Marques, Council Member
SECONDER: Fred Tovar, Council Member
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz,
Marques, Tovar
3.Set a public hearing on November 21, 2022, for the adoption of the
Ordinance, pursuant to California Government Code Section 50022.3.
RESULT: SET PUBLIC HEARING [UNANIMOUS]
MOVER: Carol Marques, Council Member
SECONDER: Dion Bracco, Council Member
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz,
Marques, Tovar
11.3. 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. 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 may have a significant effect on the
environment. Adoption of the proposed Ordinance includes the adoption
of the California Green Buildings Standards Code which is also exempt
from CEQA pursuant to CEQA Guidelines, § 15308 which exempts actions
taken by regulatory agencies for the enhancement and protection of the
environment, and none of the circumstances set forth in CEQA
Guidelines Section 15300.2 applies.
Mayor Blankley opened Public Comment.
Ron Kirkish requested Council to review the Green Building Code before it
is adopted.
There being no further speakers, Mayor Blankley closed Public Comment.
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Possible Action:
1.Move to read the Ordinance by title only and waive the first reading
beyond the title.
RESULT: READ TITLE OF THE ORDINANCE [UNANIMOUS]
MOVER: Fred Tovar, Council Member
SECONDER: Carol Marques, Council Member
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz,
Marques, Tovar
City Clerk Pham read aloud the title of the proposed ordinance.
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.
RESULT: INTRODUCE AN ORDINANCE [UNANIMOUS]
MOVER: Dion Bracco, Council Member
SECONDER: Carol Marques, Council Member
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz,
Marques, Tovar
3.Set a public hearing on November 21, 2022, for the adoption of the
Ordinance, pursuant to California Government Code Section 50022.3.
RESULT: SET PUBLIC HEARING [UNANIMOUS]
MOVER: Dion Bracco, Council Member
SECONDER: Carol Marques, Council Member
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz,
Marques, Tovar
11.4. Introduce an Ordinance Adopting by Reference the 2022 California Fire
Codes with Amendments, and Set a Public Hearing on November 21,
2022, for Adoption of the Ordinance. 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 may have a significant effect on the environment, and none of
the circumstances set forth in CEQA Guidelines Section 15300.2 applies.
Mayor Blankley opened Public Comment.
There being no speakers, Mayor Blankley closed Public Comment.
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Possible Action:
1.Move to read the Ordinance by title only and waive the first reading
beyond the title.
RESULT: READ TITLE OF THE ORDINANCE [UNANIMOUS]
MOVER: Peter Leroe-Muñoz, Vice Mayor
SECONDER: Dion Bracco, Council Member
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz,
Marques, Tovar
City Clerk Pham read aloud the title of the ordinance.
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.
RESULT: INTRODUCE AN ORDINANCE [UNANIMOUS]
MOVER: Marie Blankley, Mayor
SECONDER: Dion Bracco, Council Member
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz,
Marques, Tovar
3.Set a public hearing on November 21, 2022, for the adoption of the
Ordinance, pursuant to California Government Code Section 50022.3.
RESULT: SET PUBLIC HEARING [UNANIMOUS]
MOVER: Peter Leroe-Muñoz, Vice Mayor
SECONDER: Carol Marques, Council Member
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz,
Marques, Tovar
12.CITY ADMINISTRATOR'S REPORTS
No report was provided.
13.CITY ATTORNEY'S REPORTS
City Attorney Faber provided a brief report and responded to Council Member
questions.
14.CLOSED SESSION
There were none.
15.ADJOURNMENT
The meeting was adjourned at 8:32 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 of Gilroy
STAFF REPORT
Agenda Item Title: Adopt a Resolution of the City Council of the City of Gilroy
Authorizing the City Administrator to Execute a Non -
Disclosure Agreement with W-Trans and Strategic
Economics, Inc. and Release Confidential Sal es Tax Data
for Development of the Downtown Parking Management
Plan
Meeting Date: November 21, 2022
From: Jimmy Forbis, City Administrator
Department: Administration
Submitted By: Jimmy Forbis, City Administrator
Prepared By: Bryce Atkins, Assistant to the 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 adopt the resolution authorizing the City Administrator to execute a
nondisclosure agreement, in a form approved by the City Attorney, and to release
confidential sales tax information to W-Trans and Strategic Economics, Inc., for use in
the development of the Downtown Parking Management Plan.
7.2
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BACKGROUND
Strategic Economics, Inc., is an economic subconsultant of W-Trans, the firm awarded
the Downtown Parking Management Plan contract by Council on September 12, 2022.
Strategic Economics, Inc., has requested the City of Gilroy’s sales tax data for the
businesses located in the City’s downtown.
ANALYSIS
This data would enable Strategic Economics, Inc., to compile sales information by the
business to analyze the benefits and impacts of various options as the potential parking
plans are considered for recommendation. Not having the data would not allow this type
of analysis to take place and would potentially hinder the quality and level of success o f
the developing parking plan.
Strategic Economics, Inc., has performed similar economic analysis for numerous
taxing entities in California and is familiar with the laws governing the use and release of
taxpayer information. Strategic Economics, Inc., understands the confidential nature of
the City’s sales tax data and will aggregate data , if sharing such information becomes
required in the plan process, if reporting to the public to maintain confidentiality or report
findings in qualitative terms. No individual taxpayer information will be publicly disclosed
except as expressly authorized by law. Both W-Trans and Strategic Economics, Inc.,
will sign a confidentiality agreement substantially in the form approved by the City
Attorney before receiving any ta x data.
Pursuant to the California Revenue and Taxation Code, the City Council must approve
a resolution authorizing the release of information and certify certain claims relating to
the restrictions on any consultants that the confidential information is shared with. The
nondisclosure agreement that is being signed implements those restrictions to allow the
sharing of information.
ALTERNATIVES
Council may reject granting authorization to share sales tax data with Strategic
Economics. This is not recommended, as W-Trans and Strategic Economics could not
model the potential sales impact of businesses downtown in their analysis and proposal
for a downtown parking management plan.
FISCAL IMPACT/FUNDING SOURCE
On September 12, 2022, Council awarded the contract for the Downtown Parking
Management Plan to W-Trans. Strategic Economics, Inc., is a sub-consultant of W-
Trans. The cost to review the City’s sales tax data is included in the existing W-Trans
contract. There will be no impact on the General Fund as a result of releasing
confidential sales tax information to Strategic Economics, Inc.
7.2
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CONCLUSION
The authorization and release of confidential sales tax data, with the execution of a
nondisclosure agreement, is a needed process to produce the best downtow n parking
management plan, which considers the benefits and impacts to the business activities
taking place in downtown Gilroy.
Attachments:
1. Draft Resolution
2. Nondiscolsure Agreement - Sales Tax Data
7.2
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RESOLUTION NO. 2022-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY AUTHORIZING W-TRANS AND
STRATEGIC ECONOMICS, INC. TO ACCESS SALES
AND USE TAX DATA WITHIN THE CITY OF GILROY
FOR PURPOSES OF DEVELOPING THE DOWNTOWN
PARKING MANAGEMENT PLAN
WHEREAS, on September 12, 2022, the City Council approved a contract with W-Trans
for developing the Downtown Parking Management Plan for the City of Gilroy; and
WHEREAS, a component of that plan development involves economic analysis by the
sub-consultant Strategic Economics, Inc., of the businesses within the downtown parking
management plan area, including analysis of benefits and impacts to each business in the plan area;
and
WHEREAS, under the California Revenue and Taxation Code, Section 7056, a legislative
body may authorize by resolution any person to examine sales and use tax data if it makes certain
certifications, including:
(A) The consultant has an existing contract with the city to examine sales and use tax
records associated with the purposes of that contractual service.
(B) The consultant is required by that contract to disclose the information contained in,
or derived from, those sales or transactions and use tax records only to an officer
or employee of the city who is authorized by resolution to examine the information.
(C) The consultant is prohibited by its contract from performing consulting services for
a retailer during the term of the contract.
(D) The consultant is prohibited by that contract from retaining the information
contained in, or derived from, those sales or transactions and use tax records after
that contract has expired.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES
HEREBY RESOLVE AS FOLLOWS:
1. That the foregoing recitals are true and correct and incorporated herein.
2. That the City Council authorizes the City Administrator to execute a nondisclosure
agreement, in a form approved by the City Attorney, and to release confidential sales
tax information to W-Trans and their sub-consultant Strategic Economics, Inc. for use
in the development of the Downtown Parking Management Plan, provided that no
individual taxpayer information be publicly released unless expressly authorized by
law.
7.2.a
Packet Pg. 43 Attachment: Draft Resolution (4067 : Consultant Sales Tax Authorization)
Resolution No. 2022-XX
W-Trans and Strategic Economics, Inc.; Access Sales and Use Tax Data
City Council Regular Meeting | May 16, 2022
Page 2 of 2
PASSED AND ADOPTED this 21st 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
7.2.a
Packet Pg. 44 Attachment: Draft Resolution (4067 : Consultant Sales Tax Authorization)
NONDISCLOSURE AGREEMENT
This Nondisclosure Agreement (“Agreement”) is effective upon execution by either party and is entered
into by and between City of Gilroy (“City”), Whitlock & Weinberger Transportation, Inc. dba W-Trans
(“W-Trans”), and Strategic Economics, Inc. (“SEI”) (collectively the “Parties”) for the purpose of
preventing the unauthorized disclosure of Confidential Information obtained by W-Trans and SEI
(collectively the “Recipients”) for purposes of performance of a business demographic and economic
analysis as a subcontractor under an agreement between City and W-Trans for preparation of the
Downtown Parking Management Plan, a governmental activity of City.
1. Confidentiality. “Confidential Information” shall include any and all information, including but
not limited to, any proprietary, non-public and/or confidential information that the City provides
Recipients or that Recipients obtains in performing work for the City, including but not limited
to: City or City licensee’s/permittee’s financial information, rental rates, transient occupancy
taxes, business taxes, sales tax data, other sources of City revenue, taxpayer or customer names,
addresses or other personal information, customer or taxpayer data, surveys, studies, strategic
plans, lists and/or data, services and other information obtained directly or indirectly, in writing,
verbally, electronically or by inspection.
2. Exclusions from Confidential Information. Recipients’ obligations under this Agreement do not
extend to information that is or becomes publicly known at the time of disclosure through no
fault of Recipients, or as required to be disclosed by applicable law or regulation. Recipients
must give the City prompt written notice and sufficient opportunity to object to such use or
disclosure.
3. Recipients’ Confidentiality Obligations. Recipients agree to hold and maintain the Confidential
Information in strictest confidence for the exclusive benefit to City and in compliance with the
confidentiality standards set forth below.
a) Sales Tax Information – Non-Disclosure
Sales tax data is required to be kept confidential by Revenue and Taxation Code Section
7056. Thus, it is unlawful for any person who obtains access to sales and use tax records to
make known in any manner the information disclosed on any [tax] return, including any
abstract thereof. Accordingly, a local agency may not disclose amounts of tax paid, whether
tax amounts are up or down from a prior period, or any other information that would reveal
the business affairs or operations of a business.
Though confidential by law, sales and use tax information can be used by local government
officials if the use is “related to collection of local sales and use taxes” or” related to other
governmental functions of the county, city and county, or city.” Permit administrators,
finance or revenue managers, economic development staff, redevelopment and community
development personnel, and business license officials can benefit from access to local sales
and use tax allocation information. However, only those positions or individuals authorized
by resolution of the governing body (City Council or Board of Supervisors) may have access
7.2.b
Packet Pg. 45 Attachment: Nondiscolsure Agreement - Sales Tax Data (4067 : Consultant Sales Tax Authorization)
to confidential data and each person so authorized is required to abide by the provisions of
Revenue and Taxation Code Section 7056.
b) Combined Information May Be Disclosed
Sales tax payments for groups of businesses may be revealed to the general public if the so
called “gang of four” and “80%” rule are followed. These rules allow combined data for four
or more businesses to be released as long as no single member of the group is the source of
a disproportionate percentage, defined herein as 80%, of the group total. The “group” may
be defined as businesses in the same shopping center, a specific business type such as new
auto sellers, or businesses sharing the same major business group.
• The “gang of four” rule must be four separate businesses with individual sellers’
permit numbers. For example, if the group includes four outlets and two of the
outlets are sub-outlets under the same sellers’ permit number then those two
outlets are counted as one toward the overall “gang of four” rule.
• A business with a current allocation that has since closed its sellers’ permit cannot
be counted toward the “gang of four” rule.
• A new business with an active sellers’ permit that has yet to commence reporting
sales cannot be counted toward the “gang of four” rule.
If the total amount for a particular group is negative that group cannot be disclosed.
Pursuant to an Executive Order signed by Governor Wilson in April 1994, it is also possible to
publish a list of the top sales tax generators if all of the following conditions are met:
• At least 25 retailers are included.
• Businesses are presented in random or alphabetical order.
• Businesses are not ranked by amount paid.
• Sales or use tax amounts are omitted.
c) Consulting for Retailers Prohibited
For the term of this contract, Recipients are prohibited from providing consultation services
to any retailers. This is a requirement of the California Revenue and Taxation Code Section
7056 for the sharing of sales and use tax data.
Recipients agree not to disclose or divulge any Confidential Information, unless and only if City
has given prior written approval to do so, and only for the limited purpose of facilitating a
project that is a benefit to the City, and in accordance with applicable law. Recipients shall be
responsible for Recipients’ employees’ and agents’ compliance with this Agreement and shall
require each of Recipients’ employees and agents to agree to the terms of this Agreement
before receipt of any confidential information. Recipients shall not use or disclose any
Confidential Information for Recipients’ benefit or permit the use by others for the benefit to
Recipients, or to Recipients’ employees, agents, successors or assigns, except for the limited
circumstances mentioned above. Recipients also agree not to take any photos or record in any
form or manner regarding any Confidential Information, without City’s express written consent.
4. No Publicity. Recipients acknowledge and understand that Confidential Information is not to be
disclosed to, or shared with, any third party, in any form, including any published reports, public
presentations, and electronic media.
7.2.b
Packet Pg. 46 Attachment: Nondiscolsure Agreement - Sales Tax Data (4067 : Consultant Sales Tax Authorization)
5. Term. This Agreement shall become effective on the date the last person has entered on the
signature line below, or when City first disclosed any Confidential Information to Recipients,
whichever is earlier. This Agreement and Recipients’ duty to hold City’s Confidential Information
in confidence shall survive the completion of work relating to the Confidential Information. The
duty to hold the Confidential Information in confidence shall remain in effect until City provides
the Recipients with written notice releasing Recipients from such duty.
6. Indemnity. Recipients agree to indemnify, defend and hold harmless the City, its officers,
officials, employees and agents from and against any and all claims, demands, actions, damages,
or judgements, including associated costs of investigation and defense arising in any manner
from or in any way related to the obligations of performance of this Agreement by Recipients,
Recipients’ employees or agents, except where caused by the sole negligence or willful
misconduct of City.
7. Severability. If a court finds any provision of this Agreement invalid or unenforceable, the
remainder of this Agreement will remain in force and effect as if such invalid or unenforceable
term had never been included.
8. Complete Agreement. This Agreement expresses the complete understanding of the Parties
with respect to nondisclosure of the Confidential Information and supersedes any prior
agreements or understandings relating to this subject matter. This Agreement may only be
modified in writing by mutual consent of the Parties.
9. No Implied Waiver. The failure to exercise any right provided in this Agreement shall not be a
waiver of prior or subsequent rights.
10. Attorney’s Fees. The Parties agree that should any party fail to comply with the terms of the
Agreement, and/or if any proceeding is necessary to enforce the terms hereof, any reasonable
attorneys’ fees and costs incurred to enforce the terms of the Agreement shall be paid to the
prevailing party.
11. Governing Law. This Agreement shall be governed and construed in accordance with the laws of
the State of California with jurisdiction by the Santa Clara County Superior Court.
12. Construction of Agreement. Recipients acknowledge that Recipients have reviewed this
Agreement and that the normal rule of construction to the effect that any ambiguities are to be
resolved against the drafting party shall not be employed in the interpretation of this
Agreement.
13. Authority to Execute Agreement. The Parties to this Agreement, and each of them, represent
and warrant that each has the right, power, and authority to execute this Agreement.
7.2.b
Packet Pg. 47 Attachment: Nondiscolsure Agreement - Sales Tax Data (4067 : Consultant Sales Tax Authorization)
14. Electronic Signature / Counterparts. This Agreement may be executed by electronic signature in
any manner authorized by law. This Agreement may be executed by one or more copies and
each counterpart will be considered an original and binding to the party executing it. A copy of a
party’s signature shall be treated the same as an original.
The undersigned hereby certify carefully reading this agreement and fully understanding its contents.
The undersigned acknowledge voluntarily signing this agreement and by doing so are accepting its terms
as binding upon the undersigned, undersigned’s agents, assigns, successors and legal representatives.
CITY RECIPIENTs
City of Gilroy Strategic Economics, Inc.
________________________________________
_________________________________________
Jimmy Forbis
City Administrator
Dena Belzer
President
Approved as to Form:
________________________________________
Whitlock & Weinberger Transportation, Inc.
_________________________________________
Andrew L. Faber, Esq.
City Attorney
Dalene J. Whitlock
President/Senior Principal
ATTEST:
________________________________________
Thai Nam Pham, City Clerk
7.2.b
Packet Pg. 48 Attachment: Nondiscolsure Agreement - Sales Tax Data (4067 : Consultant Sales Tax Authorization)
City of Gilroy
STAFF REPORT
Agenda Item Title: Award a Contract to Moore Iacofanco Goltsman, Inc. for
Justice, Equity, Diversity, and Inclusion Consultation
Services in the Amount of $114,905.
Meeting Date: November 21, 2022
From: Jimmy Forbis, City Administrator
Department: Administration
Submitted By: Jimmy Forbis, City Administrator
Prepared By: Bryce Atkins, Assistant to the 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
Award a contract to Moore Iacofanco Goltsman, Inc. for justice, equity, diversity, and
inclusion consultation services in the amount of $114,905.
BACKGROUND
At the September 20, 2021 regular meeting of the City Council, a Council initiated future
agenda item was requested for Council to consider a potential equity and inclusion
policy for the City’s boards, commissions, and committees. The matter returned to the
City Council at the March 7, 2022 regular Council Meeting to discuss having instead of
a policy just for boards to instead have a potential organization -wide City of Gilroy
8.1
Packet Pg. 49
Justice, Equity, Diversity, and Inclusion (JEDI) Policy. A presentation was given by staff,
and a recommendation was made to issue a Request for Proposals (RFP) to find a
consultant with the expertise to help shape and guide the City’s process to establ ish a
JEDI policy. The City Council approved the release of the RFP to solicit for a JEDI
consultant.
ANALYSIS
The RFP was released on September 9, 2022 after the RFP document went through a
committee review by the JEDI Committee, an intersectional commi ttee of staff from all
departments of the City. The RFP deadline was October 14, 2022. The City received 15
proposals. A volunteer Scoring Committee was formed with three staff members from
the JEDI Committee to review and score the proposals.
The proposal from Moore Iacofanco Goltsman, Inc. (MIG) received the overall highest
score, including two perfect scores from the Scoring Committee. The proposal is
attached to this staff report. Some of the comments included that the proposal was all-
encompassing, the instructions for the proposal contents was followed, the firm
presented quality experience both at the firm level but also the assigned team
members, that the cost proposal was reasonable, and the firm’s assigned Project
Director (with experience in Santa Clara County) and Project Manager are located in the
local San Francisco Bay Area (Berkeley and San Jose).
The MIG proposal involves work across four phases and is planned to last two years,
beginning in January of 2023 and ending implementation support ending December of
2024 with a two-year agreement. Below is a graph from the proposal that shows the
detailed project schedule.
The scope of work entails data gathering and analysis for the first six months through
interviews, focus groups, and other surveys and analyses. The remaining six months
would be spent developing the policy and plan document and training material, as well
as starting the implementation phase. This would continue through the first half of
8.1
Packet Pg. 50
calendar year 2024, with the last half of 2024 being focused on monitoring and
adjustments based on the performance of the policy and plan.
There will be opportunities for the community and Council to provide input into the
process, including community member focus groups and a community review event, as
well as City Council input and review throughout the process as described below.
The project will be carried out in four phases, described below.
• Four phases:
1. Data Gathering and Analysis
The project will commence with a kickoff meeting to further refine the
project implementation. There will be a review of current policies. There
will be community input through the interview of key leaders in the City, as
well as engagement with community organizations and entities with whom
the City has dealings, as well as community-member focus groups. The
consultant will then analyze the findings for the next phase.
2. Policy/Plan Development
This phase will have the development of the policy, as well as the
implementation plan, including the development and use of self-
assessment tools, development of a training workbook, conducting the
training with City staff, and then additionally a special meeting with the
City Council to go over the results of the analysis and the training.
3. Plan Implementation
In this phase, the consultant will lead the drafting of JEDI definitions and
statement, develop the goals and strategies. They wi ll also conduct a staff
forum, as well as a community review event. From this, the final JEDI
framework will be established. Council and staff will receive training on the
new policy framework and implement the policy and plan in their day -to-
day operations with the City.
4. Monitoring and Adjustments
As part of the RFP and the proposal response, the contract will also
provide monitoring and adjustments based on actual experiences when
implementing the policy and plan, and making adjustments as needed to
improve results if the results are not satisfactory enough after the initial
development and implementation.
Key deliverables include a summary document reporting on the findings of the analysis
conducted in Phase 1, training workbook and training sessions for staff and also a
meeting with the City Council in Phase 2, the final JEDI policy framework and plan in
Phase 3, and quarterly implementation reports throughout the process. There will also
be programmed meetings, surveys, and other activities as outlined in the proposal and
contract scope of work.
8.1
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MIG has provided the City a copy of a final report that was issued and presented to the
City of Golden, Colorado on November 15th. MIG provided this document at a request
for an example of their work to see what the final deliverable might be like. MIG has
stressed that they take a highly customized approach to every engagement, however,
so our plan will represent our context and the needs and strengths of our community
and organization’s current status.
The total contract proposed would be for $114,905. This amount would span for two
years.
ALTERNATIVES
Council may accept, modify, or reject the proposals. Not recommended. The proposals
have been evaluated by a scoring committee, and the team with the highest score and
review has been proposed for awarding of this bid.
FISCAL IMPACT/FUNDING SOURCE
$114,905. The project will be funded out of the General Fund, but some of the costs will
be captured by the overhead calculation as the policy is organization -wide, including the
City’s operations in the enterprise funds. This will restore a portion of the cost back to
the General Fund, based on the cost allocation plan each fiscal year.
CONCLUSION
Of the proposals received for a Citywide JEDI Policy consultant, MIG scored the
highest, including two perfect scores by the Scoring Committee. The proposed contract
would last for two years, including data/research, policy and plan development,
implementation, and monitoring performance.
NEXT STEPS
With approval, staff will finalize the agreement with MIG, and the work will commence in
January of 2023.
Attachments:
1. JEDI Consultant - MIG Inc. - Standard Consultant Agreement for Services
2. MIG Proposal_Gilroy JEDI Consultant Services
3. Golden_REDI Action Plan_FINAL
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AGREEMENT FOR SERVICES
(For contracts over $5,000 - CONSULTANT)
This AGREEMENT made this 21st day of November, 2022, between:
CITY: City of Gilroy, having a principal place of business at
7351 Rosanna Street, Gilroy, California
and CONSULTANT: Moore Iacofanco Goltsman, Inc., having a principal place of business at 800
Hearst Avenue, Berkeley, CA 94710.
ARTICLE 1. TERM OF AGREEMENT
This Agreement will become effective on November 21, 2022 and will continue in effect through
December 31, 2024 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. ______
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.
8.1.a
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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 One Hundred Fourteen
Thousand, Nine Hundred Five Dollars ($114,905.00).
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, including the
loss of use thereof; and (b) Professional Liability Insurance (Errors & Omissions) with a minimum
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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.
8.1.a
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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 fully, 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 8. 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.
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 party will be entitled to reasonable
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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: CITY:
MOORE IACOFANCO GOLTSMAN,
INC.
CITY OF GILROY
By: By:
Name: Carolyn Verheyen Name: Jimmy Forbis
Title: Principal Title: City Administrator
Social Security or Taxpayer
Identification Number 94-3116998
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Approved as to Form ATTEST:
City Attorney City Clerk
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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 Noe Noyola, 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, Bryce Atkins
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.
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H. NOTICES.
Notices are to be sent as follows:
CITY: City Administrator
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
CONSULTANT: Carolyn Verheyen
Principal
800 Hearst Avenue
Berkeley, CA 94710
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.
1. 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.
3. 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.
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EXHIBIT “B”
SCOPE OF SERVICES
The scope of work is organized into the following phases:
» Phase 1: Understanding the Context: Data-gathering and Analysis
» Phase 2: Developing the JEDI Plan: Policy/plan Development
» Phase 3: Integrating Changes: Plan Implementation
» Phase 4: Ensuring Success: Monitoring and Adjustments
PHASE 1: UNDERSTANDING THE CONTEXT: DATA-GATHERING AND ANALYSIS
Internal
Task 1.1 Project Kickoff Meeting
CONSULTANT and the CITY will meet to initiate the planning process, confirm the project
approach and objectives, refine the project scope and timeline, and determine communication
protocols. CONSULTANT anticipates members of the internal JEDI Team will participate in the
kickoff meeting. This meeting will be designed to accomplish the following objectives:
» Discuss the project schedule
» Confirm key outreach activities and inputs
» Confirm assessment goals and expectations
» Confirm team member roles and responsibilities
» Confirm review process for project materials
CONSULTANT'S staff will design the meeting agenda and provide a brief summary.
Task 1.2 City Policies Review
CONSULTANT will conduct an inventory and assessment of the CITY's hiring practices and
equitable delivery of CITY services and operations. The inventory will include assessments of
CITY JEDI efforts related to police accountability, fire services, permitting, community
development, recreation, and other CITY efforts. Input from staff, the CITY's internal JEDI team,
leaders of each City Department, and the City Council will inform the inventory.
Task 1.3 Key Leaders Interviews (virtual)
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CONSULTANT will interview City Council members, directors of every CITY department, and
other key city leaders to discuss the JEDI planning process, goals and objectives, and key issues.
Interviews with CITY department directors will be informed by the CITY Policies document
review. For JEDI plans and initiatives to succeed, buy-in and support from leadership (e.g., elected
officials, senior executives, Board members) is vital. CONSULTANT will collect input through
these interviews on the proces design, training needs, and accountability measures.
Task 1.4 Staff Listening Sessions
CONSULTANT will conduct two listening sessions with staff to collect input on the issues and
opportunities facing CITY employees from a JEDI perspective. CONSULTANT will discuss their
JEDI needs and ideas on how to equitably deliver City services and operations. CONSULTANT
will work with CITY staff to identify a wide and representative range of participants, including
representatives from CITY departments such as Parks and Recreation, Police, Planning,
Community Development, and Public Works, among many others. Participants will be invited to
share their perspectives, attitudes, and experiences related to justice, equity, diversity, and
inclusion and anti-racism in the workplace.
These sessions will be conducted virtually and will include facilitated discussion with up to 10-20
participants each. CONSULTANT expects these sessions to be approximately two hours.
CONSULTANT will design the approach for the listening sessions, including the length, meeting,
and the discussion questions, and will provide a summary.
Task 1.5 Staff Survey (digital)
By adapting GARE survey as a basis and layering other experiences and best practices,
CONSULTANT will develop an employee survey to assess perspectives, attitudes, and
experiences related to JEDI in the workplace. Using an online survey platform, the
CONSULTANT Team will develop nuanced questions to assess employees’ sense of belonging,
their understanding of key terms such as equity, anti-racism, and inclusion, and their experiences
being their full selves at work, among many other topics. Accredited resources such as GARE will
be referenced and adapted in developing this survey. CONSULTANT will share a draft version of
the questionnaire with the Project Team for feedback and input before finalizing.
CONSULTANT will finalize the survey after receiving input and feedback from the Project Team
and internal JEDI team. CONSULTANT will test the survey to ensure its functionality on mobile,
tablet, and computer devices. Additionally, we recommend preparing a simplified paper version
of the survey to reach employees who do not have access to or are uncomfortable with online
technology. The final survey will be available online and via print copies. The survey can be
translated into other languages based on the linguistic needs and preferences of employees.
Given the highly sensitive nature of the survey topics, the results of the survey will only be reported
in aggregate and names will not be attached to any data. The CONSULTANT Team will
thoroughly analyze the survey results and identify key themes and findings.
External
Task 1.6 Key Informant Interviews (virtual)
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CONSULTANT will conduct eight one-on-one interviews virtually with key stakeholders and
community partners to share critical insights into JEDI needs and emerging opportunities for
CITY.
Each of these interviews provides an opportunity for key individuals (or small groups of 2-3
people) to discuss concerns or issues in a more intimate environment than that afforded by larger-
scale meetings. Individual results from each interview will be reported in aggregate.
CONSULTANT will collaborate with CITY staff to identify potential interviewees. Interviewees
may include key representatives from Gilroy Unified School District, Gilroy Chamber of
Commerce, local businesses, and other community organizations and nonprofits.
Each interview will be conducted by phone and/or online video conference (e.g., Zoom). The
interviews are expected to take approximately one hour. A list of questions will be developed to
guide the interviews to ensure that consistency is maintained among each of the parties and
interviewers, and that information is gathered in the most efficient way possible.
Task 1.7 Community Focus Groups (in person)
The community focus groups are an opportunity to collect input from a diverse and targeted set of
community members. CONSULTANT will design and lead three (3) in-person focus groups.
Potential participants may include Spanish-speaking individuals and other people of color, low-
income residents, youth, and seniors. The CONSULTANT Team will review and present the
demographics of Gilroy, the purpose and goals of the JEDI Plan, and the timeline. Participants will
be invited to share their perspectives, attitudes, experiences – and most critically – solutions related
to JEDI and anti-racism in the CITY.
These sessions will be conducted in person and will include facilitated discussions with 6-10
participants and open with remarks to provide context and framing for the discussion.
CONSULTANT will provide a draft version of the focus group questions for one round of CITY
staff review before finalizing. CONSULTANT expects these sessions to be approximately 90
minutes long and held on the same day or on consecutive days. CONSULTANT encourages
providing stipends (e.g., transit passes, cash, or grocery store cards) to certain community
audiences to incentivize their participation and have included that amount in our proposed budget.
Task 1.8 Analysis of Findings
The CONSULTANT Team will thoroughly analyze the survey and listening session results,
identifying key themes and findings, and solutions to improve engagement, recruitment, language,
and accessibility by the CITY. The summary document will also include an executive summary
infographic to provide an illustrative, at-a-glance recap of the results. The CONSULTANT Team
will ensure that all data is available and transferred to the CITY for storage or archival purposes.
PHASE 2: DEVELOPING THE JEDI PLAN: POLICY/ PLAN DEVELOPMENT
Task 2.1 JEDI Capacity-Building Self-Assessment Tool
In collaboration with the JEDI project team, CONSULTANT will coordinate and deliver a set of
training activities for a roster of participants identified by CITY staff. The first activity will be for
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participants to complete a JEDI self-assessment to identify current strengths and areas for
improvement from a personal and organizational standpoint. CONSULTANT will tally results and
present key findings to the JEDI project team.
Task 2.2 JEDI Capacity-Building Training Workbook
Based on the results, CONSULTANT will develop and deliver a customized training workbook.
Designed to establish a shared language and common definitions, the Training Workbook serves
as a training structure that will help guide participants to engage in honest and brave conversations.
The training is intended to be instructive, as well as interactive, JEDI training that will build
knowledge, skills, and capacity to challenge systemic racism, understand unconscious bias, and
practice equity in the day-to-day.
Task 2.3 JEDI Capacity-Building Training
Proposed as a two-day in-person training*, CONSULTANT will coordinate and facilitate a
training session for the roster of participants, JEDI Advisory Team, departmental directors, and
other staff, as appropriate. Through creative exercises, discussions, and presentations, participants
will strengthen their knowledge of strategies and tools to achieve equity. We will explore a
framework for racial justice efforts that move beyond merely valuing racial diversity to achieving
racial equity. We will explore how leading with a racial equity lens is an essential component of a
strategy for structural transformation to create equity for all. During the training we will dive deep,
focusing on best practices for operationalizing equity and shifting organizational culture, practices,
programs, and outcomes.
*The budget proposed is for in-person training but can be adjusted lower if done virtually.
Task 2.4 JEDI Capacity-Building City Council Meeting
As a follow-up, CONSULTANT also proposes a facilitated and abbreviated 2–3-hour training for
the City Council. The training will allow us to report the key findings from the analysis and offer
a platform to discuss key issues brought forth through the staff training. The CONSULTANT
Team will walk Council members through the training workbook, focus on select sections of the
training, and only focus on select key questions for discussion.
PHASE 3: INTEGRATING CHANGES: PLAN IMPLEMENTATION
Task 3.1 Draft JEDI Definitions and JEDI Statement
Building on input from Phases 1 and 2, CONSULTANT will work with the CITY Project Team
and the CITY's JEDI committee if any, and other advisory groups as necessary to develop a
definition of justice, equity, diversity, and inclusion and a corresponding Equity in Gilroy
statement. The equity statement will articulate how JEDI is linked with the CITY's goals and
objectives and how it benefits the community.
Task 3.2 Draft Goals and Strategies
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The training, survey results, and other input activities will lead to the development of a set of draft
prioritized Plan goals and strategies. Potential strategies will be chosen and designed based on
anticipated effectiveness, feasibility of implementation, meeting community needs, addressing
service and program gaps, and other criteria to be developed. Project Team staff will be asked to
provide one consolidated set of written edits and comments.
Task 3.3 Staff Forum (virtual)
The staff forum is proposed as a two-hour event that will bring together staff from across CITY
departments. Staff will review the key findings from the engagement activities. Participants will
discuss the draft equity statement, as well as the draft goals and strategies. As the facilitator of the
forum, CONSULTANT will develop an agenda and an interactive process to keep the discussion
focused and to ensure all participants have an opportunity to provide input and comments.
CONSULTANT will document and capture feedback and focus the discussion on implementable
policies and procedures. The Project Team will schedule the forum in coordination with the staff
to ensure it is on a day when all participants can conveniently attend.
Task 3.4 Community Review Event
This is a flexible activity that can take shape as an in-person or virtual community workshop, an
open house, or a pop-up activity. It is an opportunity to collect input from a broad and diverse
array of community members, including the key informant interviewees. CONSULTANT will
present the shared definitions for diversity, equity, inclusion, and anti-racism. Participants will
discuss the draft equity statement, as well as the draft goals and strategies. As the facilitator of the
event, CONSULTANT will develop an agenda and a highly interactive process to keep the
discussion focused and to ensure all participants have an opportunity to provide input and
comments.
Task 3.5 Draft JEDI Framework
Building on the input from earlier activities and phases, the CONSULTANT Team will finalize
the draft JEDI Framework content. The Plan will also outline the implementation process and
action steps, providing clear and high-level direction on staff responsibilities, key benchmarks,
and timelines. two sets of consolidated comments.
Task 3.6 Final JEDI Framework
CONSULTANT will finalize the JEDI Framework based on the input and feedback from the
internal JEDI team, staff, City Council, and members of the public. We will work with our graphics
team to design the format and layout for the JEDI Framework, which will be presented in InDesign
and be made available electronically. Staff will be responsible for providing photos and finished
maps and graphics for incorporation into the Plan, and for ensuring that all needed files are shared
in a timely fashion. CONSULTANT will provide the Final Framework as an electronic PDF file
and original InDesign file.
PHASE 4: ENSURING SUCCESS: MONITORING AND ADJUSTMENTS
Task 4.1 Ongoing Project Management and Coordination
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The purpose of this task is to ensure a consistent basis for project management, including contract
administration, invoicing, scheduling, and the timely delivery of all products and services. To
ensure efficient project coordination and implementation, the CONSULTANT project manager
will communicate regularly by phone, email, and in person with the designated Project Team staff
to review progress, discuss emerging issues, and plan for upcoming activities. CONSULTANT
will submit the following formal reports:
Quarterly Reports: Each quarter, CONSULTANT will submit a report to the CITY describing the
activities completed, summarizing the findings to date, and highlighting any challenges and how
they have been resolved.
Task 4.2 Team Meetings
CONSULTANT recommends weekly or bi-monthly, one-hour check-in meetings with the CITY
Project Team for the duration of the project (roughly 40 meetings). Consistent communication is
crucial for keeping everyone on the same page, problem-solving as a team, and building the
relationships and deeper partnerships needed to work through the challenges equity efforts can
bring. These meetings will be designed to prepare for employee input activities and events, review
project milestones and deliverables, and discuss emerging issues and opportunities. In addition,
these meetings will be used to coordinate with the City’s internal JEDI team. Meetings will take
place by conference call or online video conference and up to two CONSULTANT Team members
will participate in the calls. The CONSULTANT Team will prepare agendas and meeting
summaries, noting any key decisions and action items.
Task 4.3 Assessment and Tracking Tool
Included in the implementation process and action steps will be strategies for measuring progress
such as an online dashboard or matrix tool with Citywide equity-based goals, benchmarks, and
metrics. CONSULTANT will work with the CITY Project Team to determine what platform and
approach will be most useful for the CITY to track and assess the progress of JEDI goals.
Task 4.4 Ongoing Implementation Support for Leadership
The CONSULTANT Team will meet up to four times, two hours each, with the CITY Project
Team and key leadership to explore the implementation process and action steps— adaptive
leadership approaches, staff engagement and communication, staff training and coaching,
influencing other system leaders, data tracking and continuous quality improvement, ongoing
community input—needed to ensure that new policy, procedure, and practice changes are adopted
in daily work. Based on these meetings, CONSULTANT will create an implementation support
plan for leadership. In addition to the implementation plan, CONSULTANT will, at a minimum,
assist with the development of the following implementation tools:
» Needs-based prioritization methodologies for possible funding sources
» Staffing plans
» Project lists
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» Grant application processes.
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EXHIBIT “C”
MILESTONE SCHEDULE
The four phases of the project shall be completed within the following milestones:
Project Commencement: The project will commence beginning January of 2023 with Phase 1.
Phase 1 shall be completed by August 2023
Phase 2 shall be completed by November 2023
Phase 3 shall be completed by May 2024
Phase 4 shall be completed by December 2024.
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EXHIBIT “D”
PAYMENT SCHEDULE
Payment shall be made upon Net 30 Payment Term
CONSULTANT shall invoice the CITY, no more frequently than once per month. Invoices
shall include information supporting the amount of the invoice being charged. Payments shall be made
upon a Net 30 payment term.
8.1.a
Packet Pg. 74 Attachment: JEDI Consultant - MIG Inc. - Standard Consultant Agreement for Services (4059 : JEDI Consultant Bid Award)
Proposal | October 14, 2022
800 Hearst Avenue | Berkeley, CA 94710
(510) 845-7549 | www.migcom.com
Justice, Equity, Diversity and
Inclusion (JEDI) Consultant Services
8.1.b
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8.1.b
Packet Pg. 76 Attachment: MIG Proposal_Gilroy JEDI Consultant Services (4059 : JEDI Consultant Bid Award)
800 Hearst Avenue
Berkeley, CA 94710
P (510) 845-7549
F (510) 845-8750
www.migcom.com
CALIFORNIA
BERKELEY, FULLERTON,
LOS ANGELES, PASADENA,
RIVERSIDE, SACRAMENTO,
SAN DIEGO, SAN JOSE,
AND SONOMA
COLORADO
DENVER
OREGON
PORTLAND
TEXAS
SAN ANTONIO
WASHINGTON
SEATTLE
October 14, 2022
Crystal Zamora, Program Administrator
City of Gilroy
City Administrators Office
7351 Rosanna Street
Gilroy, CA 95020
RE: Proposal for City of Gilroy Justice, Equity, Diversity and Inclusion (JEDI) Consultant
Services, No. 23-RFP-AD-481
Dear Crystal Zamora and Selection Committee Members:
MIG, Inc., is pleased to submit this proposal to provide Justice, Equity, Diversity, and
Inclusion (JEDI) planning and evaluation services to the City of Gilroy. Our submittal
represents a true and complete expression of our capacity, experience, approach, and
enthusiasm for undertaking the project. We will approach the project as a partnership and
will work with City staff to support, promote, and uphold the City's goals and standards.
We know Gilroy to include a dynamic multicultural population and is surrounded by a
prolific agricultural context, including a diverse and hardworking community, a robust set
of community groups, a thriving entrepreneurial scene, an accessible location at the urban
edge of the San Francisco Bay Area, and a proven commitment to community vibrancy.
For close to 40 years, MIG has provided professional planning services to cities and
counties like Gilroy throughout California. MIG has collaborated with communities on a
series of projects that have helped us achieve an intimate perspective of equity issues
challenging cities in California. We have served in an array of roles for local jurisdictions and
communities reflective of the diversity and cultural dynamism of the state. Specifically, MIG
has worked extensively with public agencies, private organizations, and nonprofit groups
across the country on JEDI initiatives. We are leaders in building the collaborative capacity
of public agencies to pursue equity and inclusion. We excel at the design and facilitation
of complex, multi-stakeholder initiatives focused on advancing equity and achieving
collective impact. At MIG, we challenge ourselves to think critically about equity, power,
and anti-racism, with the goal of creating better outcomes for everyone.
Our work in this arena is part of the national reckoning sparked by the murders of Ahmaud
Arbery, Breonna Taylor, and George Floyd (among so many others) that have brought
forth long-overdue conversations about past racist policies, power dynamics, and racial
supremacy in the workplace and in the public arena. Many cities and counties are grappling
with how to advance equity, promote inclusive work environments, and better serve
diverse communities. With our expertise in equity-centered, anti-racist organizational
development, MIG is uniquely qualified to partner with Gilroy to embed and infuse JEDI in
its organizational practices.
Drawing on both traditional and innovative approaches, we engage a broad range of
stakeholders with an emphasis on building trust and catalyzing new thinking and action.
Our experience engaging internal and external stakeholders is extensive and characterized
by cultural humility, respect, and deep listening. These conversations require us to stretch
outside of our comfort zones, to be brave and honest, and to take decisive actions to end
structural racism.
PLANNING / DESIGN / COMMUNICATIONS / MANAGEMENT / TECHNOLOGY / SCIENCE
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PLANNING / DESIGN / COMMUNICATIONS / MANAGEMENT / TECHNOLOGY / SCIENCE
We are committed to this project and bring significant expertise and strengths to this effort, including:
»Proven experience in assisting organizations establish a shared vocabulary and shared foundations to
operationalize equity, diversity, inclusion, and anti-racism.
»Expert technical advice and training tools and exercises for reflection and application of key concepts for
personal and/or professional growth.
»Strong facilitation and consensus-building skills to help groups discuss and navigate complex processes and
deepen their understanding of equity, diversity, and inclusion.
»Full capabilities to conduct this process in a virtual environment should COVID-19- related restrictions
continue to limit in-person gatherings.
»Robust expertise in inclusive, equitable, and bilingual community engagement that prioritizes engaging the
communities most impacted by planning processes, especially those who have been historically left out of
civic conversations, such as low-income communities, immigrants, limited-English proficient individuals, and
communities of color.
»Award-winning communication and graphic design team that creates concise, culturally salient, and
effective messaging.
»Strong skills in clearly documenting the results of stakeholder engagement activities to support informed
decision-making.
»Qualitative and quantitative research and analysis skills that support data-driven decision-making and
continuous learning.
»Deep, personal commitment of team members to use their passion and professional capabilities to assist
organizations in deepening their ability to operationalize equity, diversity, and inclusion.
Key MIG staff and task leaders are committed to supporting this project from inception to completion. We
understand the opportunities and challenges facing the City of Gilroy and will function as your partner to
give you access to the diverse skills, experience, and problem-solving knowledge of the more than 260
professionals at MIG. For this project, we are excited to include Kate Welty as Project Director. She is an
enthusiastic and proven leader in organizational development with deep experience in Santa Clara County.
Collaborating with Kate and serving as Project Manager, your day-to-day point of contact will be Noé Noyola.
Noé is a dynamic and versatile bilingual community planner and facilitator who also serves as Co-Director of
MIG’s Equity Studio–our cross-office collaboration where staff leaders focus on infusing equity concerns in our
own organizational process and in client projects. Please do not hesitate to contact either Kate or Noé if you
need any additional information or have any questions.
Kate Welty, Project Director Noé Noyola, Project Manager
P (408) 887-3233 P (415) 309-7868
E kwelty@migcom.com E noen@migcom.com
We would be honored to work with you on this important undertaking. Thank you for your consideration.
Sincerely,
Carolyn Verheyen
Principal, Authorized Signatory
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TABLE OF CONTENTS
1. Letter of Interest/Cover Letter 1
2. Applicant Information 4
3. Applicant Firm Qualifications 5
4. Proposal Narrative 8
5. Staffing Plan and Staffing Qualifications 14
6. Budget 21
7. Performance Measures and Reporting 22
8. References 23
9. Conflict of Interest Statement 29
10. Comments on or Requested Changes to Contract 30
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4 City of Gilroy | JEDI Consultant Services
Moore Iacofanco Goltsman, Inc. (MIG, Inc.)
ADDRESS
800 Hearst Avenue
Berkeley, CA 94710
PRESIDENT/CEO
Daniel Iacofano, PhD, FAICP, FASLA
(510) 845-7549, ext. 125
danieli@migcom.com
PRINCIPAL-IN-CHARGE
Carolyn Verheyen
(510) 845-7549, ext. 122
carolynv@migcom.com
PROJECT MANAGER
Noé Noyola, Co-Director of the Equity Studio
(510) 845-7549, ext. 168
noen@migcom.com
2. Applicant Information
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City of Gilroy | JEDI Consultant Services 5
About MIG
MIG is at the forefront of innovation. We are leading
local, regional, and national planning and design
initiatives to ensure accessibility and equity; engage,
educate, and empower people through participatory
processes; facilitate strategy development for social
change; create playful and inclusive communities;
reimagine streets and repurpose infrastructure;
revitalize cities and restore ecosystems; and promote
environmental stewardship by recognizing that
the health of the natural and built world is mutually
dependent.
Inclusive and equitable planning is a part of our DNA
at MIG. For four decades, MIG has developed holistic
approaches to embedding and advancing equity in all
our projects. We believe in bringing diverse communities
and perspectives together to plan for inclusive
prosperity, resiliency, and well-being. We challenge
ourselves to think critically about equity, power, and
privilege with the goal of creating better outcomes for
everyone. At MIG, we work with people and systems to
break down the profound racial inequities that persist
and to address the symptoms and root causes of the
problem. Our goal is impact: transformative change
that creates equitable outcomes in the communities
where we live, work, and play.
Our experience with diversity, equity, and inclusion
strategic planning, including internally at MIG for the last
several years, is extensive and characterized by cultural
humility, respect, understanding without judgement, and
deep listening.
3. Applicant Firm Qualifications
We approach each project as a strengths-based,
capacity-building opportunity with products, tangible and
intangible, that provide clarity, cohesion, and momentum
for action and change. We bring significant expertise
and strengths to this effort, including:
»Broad and deep experience in engaging the people
most impacted by planning processes, especially
those who have been historically left out of civic
conversations, such as low-income communities,
immigrants, people with disabilities, communities of
color, and the LGBTQIA+ communities.
»Strong facilitation and consensus-building skills to
help groups discuss and navigate complex processes
and deepen their understanding of equity, diversity,
and inclusion, leading to personal and professional
growth, and collective culture shifts.
»Significant expertise in training and capacity-building
to build organizational muscle around EDI/DEI/IDEA
and social justice-related frameworks, services,
programs, policies, and budgetary decisions.
»A collaborative approach that builds and deepens
partnerships and support for implementation—from
start to finish.
»Translation, interpretation, and American Sign
Language services and ADA accommodation that
ensures inclusive participation.
»Proven experience in assisting organizations to
establish a shared vocabulary and foundation to
operationalize racial equity, diversity, inclusion, and
anti-racism.
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»Full-capabilities to conduct this process in a virtual
environment should COVID-19-related restrictions
continue to limit in-person gatherings.
»Strong, robust skills in clearly documenting the results
of stakeholder engagement activities to support
informed decision-making.
At MIG’s core, we practice and teach facilitative
leadership—a model rooted in shared power and
decision-making, consensus-building, and collaborative
skill. Our staff of 262 includes bilingual facilitators and
our standard practice is to produce materials in multiple
languages. The diversity of our staff sparks our passion
for inclusive planning. Our team includes staff that are
bilingual, immigrants, Latina, and Chicana as well as
multidisciplinary experts in equity assessment, strategic
planning, community engagement, facilitation, and
social services. Known internationally for our facilitation
expertise, we have worked abroad and across the
country to help people reach mutual understanding and
strive for common goals and aspirations.
Areas of expertise include:
»Facilitation and Consensus Building
»Strategic Planning and Organizational Development
»DEI Planning, Training, and Implementation Support
»Stakeholder Engagement and Feedback
»Training and Capacity-Building
»Evaluation
»Decision-Making Support
»Innovative Public Engagement Tools
With 40 years of strategic planning, organizational
development, engagement, and facilitation experience,
MIG understands that to be an effective DEI consultant,
we must embed the principles and practices we
espouse in our own organization. In 2018, we officially
established our MIG Equity Studio as an extension of
our commitment to healthy and thriving communities
for everyone. The Studio is devoted to advancing cross-
discipline approaches to foster equity in our projects
and infuse equity across all MIG service areas. In 2020,
MIG staff created our Racial Equity Action Plan to make
immediate-, medium-, and long-term changes to support
equity, both internally and externally, in our professional
work and volunteer endeavors. Results include:
»Implementation of a DEI recruitment and hiring guide.
»All RFPs and RFQs we receive are now vetted on the
potential opportunities for these projects to advance
equity and racial, social, or environmental justice.
»Development of a guide to working with Community-
Based Organizations in a power-sharing, mutually
beneficial way.
»Creation of several scholarships for Black, Indigenous,
and People of Color (BIPOC) students to develop
projects to build inclusive cities and organizations.
»Personal staff stories featured on our intranet that
celebrate individual aspects of diversity.
A California C-Corporation, MIG has shared lessons
learned and best practices from our own collective
efforts and research with other groups and organizations,
such as cities, nonprofits, collective action groups,
and large government agencies, to assist them in
transforming their own cultures.
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We offer deep expertise in helping a variety of groups
and organizations to become more diverse, equitable,
and inclusive. From our work creating equity action
plans with cities such as Forest Grove, Oregon and
Golden, Colorado to county-level plans in Santa Clara,
Los Angeles, and Marin, California, MIG brings extensive
knowledge in best practices from across the West.
We also understand cities like Gilroy through our
grassroots engagement and community-based planning
experience working with communities in Salinas and
Watsonville. The following is a brief list of examples
representing how our team has helped organizations
become more diverse, equitable, and inclusive.
»Caltrans Statewide Equity Training
»Santa Clara County Cross-Agency Service Team
Systemwide Framework for Trauma Informed, Healing-
Centered Care
»Marin County Race Equity Planning Committee
»City of Forest Grove Diversity, Equity, and Inclusion
Plan and Training, OR
»City of Golden Racial Equity Diversity and Inclusion
Action Plan, CO
»Los Angeles County Public Works Equity in
Infrastructure Initiative
»Green River College Equity-Centered Strategic Plan, OR
»Mt. Hood Community College Equity-Centered
Strategic Plan, OR
»Visión Salinas and Salinas Housing and Community
Development Needs Assessment
»Sí Se Puede! Collective Strategic Plan, San Jose
»Engage Moval: Outreach Toolkit for Disadvantaged
Communities, Moreno Valley
»Upper and Lower Los Angeles River
Revitalization Plans
»First 5 San Diego Strategic Plan
»San Francisco Office of Early Care and Education
Organizational Development Plan
LITIGATION HISTORY
MIG has not defaulted under any agreement which
resulted in the termination of the agreement, or been
the subject of any lawsuit, unresolved contractual claim,
or dispute.
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8 City of Gilroy | JEDI Consultant Services
4. Proposal Narrative
Approach
The City of Gilroy is a vibrant community and home
to nearly 60,000 residents. Located in southern
Silicon Valley, the City has grown and diversified
economically and demographically over the years
while still maintaining its small-town feel and a strong
sense of identity as “A Community with a Spice for
Life.” The City provides a wide range of services to its
residents including building and planning, community
and economic development, fire safety, housing, parks
and recreation, police services, and public works. Gilroy
provides a safe and supportive environment for raising
a family and finding community in a beautiful setting
nestled between the Santa Cruz Mountains and East
foothills.
The City of Gilroy has already begun its journey of
embedding and infusing equity into its operations with
General Plan 2040 goals to meet the diverse housing,
recreation, business, and active transportation needs of
community members of all incomes, ages, and abilities.
The development of a City Justice, Equity, Diversity, and
Inclusion (JEDI) Plan is the next step for establishing a
comprehensive, agency-wide policy for advancing racial
equity and removing barriers to racial equity.
The MIG Team is ideally suited to support the City
of Gilroy in advancing racial equity. We bring deep
experience in partnering with cities, counties, and
organizations to:
»Establish shared language and shared JEDI
frameworks
»Set JEDI goals and priorities
»Lead with a racial equity lens
»Assess current practices and policies
»Build staff and organizational capacity to understand
and advance JEDI
Using interviews, surveys, focus groups, and other
input activities, we will assess community perspectives
related to racial equity, diversity, and belonging as
well as barriers to accessing City services. Through
exercises, discussions, and presentations, we will help
staff strengthen their knowledge of strategies and tools
to achieve equity. We will explore frameworks for racial
justice efforts that move beyond merely valuing racial
diversity to achieving racial equity. We will explore
how leading with a racial equity lens is an essential
component of a strategy for structural transformation to
create equity for all.
We believe there are some essential success factors in
this work:
»Inclusion – The process itself must include all staff,
welcome diverse viewpoints, and provide multiple
avenues for accessing the conversation.
»Centering Equity in All of the Work – The plan must
provide a practical blueprint for specific changes to
fully embody and activate a clear focus on equity.
»Articulation – The resulting plan and strategies
must be clear, understandable, and reflective of the
diversity of the organization and its constituencies.
»Data-Driven – The plan must be guided by
information about the organization and the
communities served, fully tailored to the City, and
include measurable goals.
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»Motivation – Both the process and plan must be
educational, engaging, and inspiring, acknowledging
various starting points along the journey and
facilitating growth and new insights on an individual
and collective level.
»Commitment to Implementation – The plan must be
workable and doable, supported and resourced by
the City’s leadership.
Detailed Scope of Work
The MIG Team is pleased to submit this scope
of services and budget to deliver JEDI Plan and
Assessment services to the City of Gilroy to integrate
diversity, equity, and inclusion into the delivery of
City services and operations. We develop holistic
approaches to embedding equity in organizational
culture by bringing diverse communities and
perspectives together to plan for inclusive prosperity,
resiliency, and well-being.
A culture of innovation underpins our proposed
approach to this transformational project for the City,
with the goals of co-creating solutions and meeting the
JEDI needs of the Gilroy staff and community. The MIG
Team is constantly learning from projects and working
to innovate and improve our tools and strategies.
Our proposed scope of work is organized into the
following phases:
»Phase 1: Understanding the Context: Data-gathering
and Analysis
»Phase 2: Developing the JEDI Plan: Policy/plan
Development
»Phase 3: Integrating Changes: Plan Implementation
»Phase 4: Ensuring Success: Monitoring and
Adjustments
PHASE 1: UNDERSTANDING THE CONTEXT:
DATA-GATHERING AND ANALYSIS
Internal
Task 1.1 Project Kickoff Meeting
MIG and the City of Gilroy Project Team (Project Team or
City) will meet to initiate the planning process, confirm
the project approach and objectives, refine the project
scope and timeline, and determine communication
protocols. We anticipate members of the internal
JEDI Team will participate in the kickoff meeting. This
meeting will be designed to accomplish the following
objectives:
»Discuss the project schedule
»Confirm key outreach activities and inputs
»Confirm assessment goals and expectations
»Confirm team member roles and responsibilities
»Confirm review process for project materials
MIG staff will design the meeting agenda and provide a
brief summary.
Task 1.2 City Policies Review
We will conduct an inventory and assessment of
the City’s hiring practices and equitable delivery
of City services and operations. The inventory will
include assessments of City JEDI efforts related to
police accountability, library outreach, fire services,
permitting, community development, and recreation.
Input from staff, the City’s internal JEDI team, the
Open Government Commission, leaders of each
City Department, and the City Council will inform the
inventory.
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Task 1.3 Key Leaders Interviews (virtual)
MIG will interview City Council members, directors of
every City Department, and other key city leaders to
discuss the JEDI planning process, goals and objectives,
and key issues. Interviews with City Department
directors will be informed by the City Policies document
review. For JEDI plans and initiatives to succeed, buy-in
and support from leadership (e.g., elected officials,
senior executives, Board members) is vital. MIG will
collect input through these interviews on the process
design, training needs, and accountability measures.
Task 1.4 Staff Listening Sessions
MIG will conduct two listening sessions with staff to
collect input on the issues and opportunities facing
City employees from a JEDI perspective. We will
discuss their JEDI needs and ideas on how to equitably
deliver City services and operations. MIG will work
with City staff to identify a wide and representative
range of participants, including representatives from
City departments such as Parks and Recreation,
Police, Planning, Community Development, Library,
and Economic Development, among many others.
Participants will be invited to share their perspectives,
attitudes, and experiences related to justice, equity,
diversity, and inclusion and anti-racism in the workplace.
These sessions will be conducted virtually and
will include facilitated discussion with up to 10-20
participants each. We expect these sessions to be
approximately two hours. MIG will design the approach
for the listening sessions, including the length, meeting,
and the discussion questions, and will provide a
summary.
Task 1.5 Staff Survey (digital)
By adapting GARE survey as a basis and layering other
experiences and best practices, MIG will develop an
employee survey to assess perspectives, attitudes, and
experiences related to JEDI in the workplace. Using
an online survey platform, the MIG Team will develop
nuanced questions to assess employees’ sense of
belonging, their understanding of key terms such as
equity, anti-racism, and inclusion, and their experiences
being their full selves at work, among many other topics.
Accredited resources such as GARE will be referenced
and adapted in developing this survey. MIG will share a
draft version of the questionnaire with the Project Team
for feedback and input before finalizing.
MIG will finalize the survey after receiving input and
feedback from the Project Team and internal JEDI team.
MIG will test the survey to ensure its functionality on
mobile, tablet, and computer devices. Additionally, we
recommend preparing a simplified paper version of the
survey to reach employees who do not have access to
or are uncomfortable with online technology. The final
survey will be available online and via print copies. The
survey can be translated into other languages based on
the linguistic needs and preferences of employees.
Given the highly sensitive nature of the survey topics, the
results of the survey will only be reported in aggregate
and names will not be attached to any data. The MIG
Team will thoroughly analyze the survey results and
identify key themes and findings.
External
Task 1.6 Key Informant Interviews (virtual)
MIG will conduct eight one-on-one interviews virtually
with key stakeholders and community partners to
share critical insights into JEDI needs and emerging
opportunities for Gilroy.
Each of these interviews provides an opportunity for
key individuals (or small groups of 2-3 people) to discuss
concerns or issues in a more intimate environment
than that afforded by larger-scale meetings. Individual
results from each interview will be reported in
aggregate. MIG will collaborate with City staff to identify
potential interviewees. Interviewees may include key
representatives from Gilroy Unified School District,
Gilroy Chamber of Commerce, Gilroy Foundation, Gilroy
Garlic Festival Association, St. Joseph’s Family Center,
South County Compassion Center, Salvation Army, local
businesses, and other potential community organizations
and nonprofits like Hope Services, Community Solutions,
Project Sentinel, or Rebekah Children's Services.
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Each interview will be conducted by phone and/or
online video conference (e.g., Zoom). The interviews
are expected to take approximately one hour. A list of
questions will be developed to guide the interviews
to ensure that consistency is maintained among each
of the parties and interviewers, and that information is
gathered in the most efficient way possible.
Task 1.7 Community Focus Groups (in person)
The community focus groups are an opportunity
to collect input from a diverse and targeted set of
community members. MIG will design and lead three
(3) in-person focus groups. Potential participants may
include Spanish-speaking individuals and other people
of color, low-income residents, youth, and seniors. The
MIG Team will review and present the demographics
of Gilroy, the purpose and goals of the JEDI Plan,
and the timeline. Participants will be invited to share
their perspectives, attitudes, experiences – and most
critically – solutions related to JEDI and anti-racism in
the City of Gilroy.
These sessions will be conducted in person and will
include facilitated discussions with 6-10 participants
and open with remarks to provide context and framing
for the discussion. MIG will provide a draft version of
the focus group questions for one round of City staff
review before finalizing. We expect these sessions to be
approximately 90 minutes long and held on the same
day or on consecutive days. We encourage providing
stipends (e.g., transit passes, cash, or grocery store
cards) to certain community audiences to incentivize
their participation and have included that amount in our
proposed budget.
Task 1.8 Analysis of Findings
The MIG Team will thoroughly analyze the survey
and listening session results, identifying key themes
and findings, and solutions to improve engagement,
recruitment, language, and accessibility by the City
of Gilroy. The summary document will also include an
executive summary infographic to provide an illustrative,
at-a-glance recap of the results. The MIG Team will
ensure that all data is available and transferred to the
City for storage or archival purposes.
PHASE 2: DEVELOPING THE JEDI PLAN: POLICY/
PLAN DEVELOPMENT
Task 2.1 JEDI Capacity-Building
Self-Assessment Tool
In collaboration with the JEDI project team, MIG will
coordinate and deliver a set of training activities for
a roster of participants identified by City staff. The
first activity will be for participants to complete a JEDI
self-assessment to identify current strengths and areas
for improvement from a personal and organizational
standpoint. MIG will tally results and present key
findings to the JEDI project team.
Task 2.2 JEDI Capacity-Building
Training Workbook
Based on the results, MIG will develop and deliver a
customized training workbook. Designed to establish a
shared language and common definitions, the Training
Workbook serves as a training structure that will help
guide participants to engage in honest and brave
conversations. The training is intended to be instructive,
as well as interactive, JEDI training that will build
knowledge, skills, and capacity to challenge systemic
racism, understand unconscious bias, and practice
equity in the day-to-day.
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Task 2.3 JEDI Capacity-Building Training
Proposed as a two-day in-person training*, MIG will
coordinate and facilitate a training session for the roster
of participants, JEDI Advisory Team, Departmental
Directors, and other staff, as appropriate. Through
creative exercises, discussions, and presentations,
participants will strengthen their knowledge of
strategies and tools to achieve equity. We will explore
a framework for racial justice efforts that move beyond
merely valuing racial diversity to achieving racial equity.
We will explore how leading with a racial equity lens
is an essential component of a strategy for structural
transformation to create equity for all. During the
training we will dive deep, focusing on best practices
for operationalizing equity and shifting organizational
culture, practices, programs, and outcomes.
*The budget proposed is for in-person training but can
be adjusted lower if done virtually.
Task 2.4 JEDI Capacity-Building City Council
Meeting
As a follow-up, MIG also proposes a facilitated and
abbreviated 2–3-hour training for the City Council.
The training will allow us to report the key findings
from the analysis and offer a platform to discuss key
issues brought forth through the staff training. The MIG
Team will walk council members through the training
workbook, focus on select sections of the training, and
only focus on select key questions for discussion.
PHASE 3: INTEGRATING CHANGES: PLAN
IMPLEMENTATION
Task 3.1 Draft JEDI Definitions and JEDI Statement
Building on input from Phases 1 and 2, MIG will
work with the City Project Team and the City’s JEDI
committee if any, and other advisory groups as
necessary to develop a definition of justice, equity,
diversity, and inclusion and a corresponding Equity in
Gilroy statement. The equity statement will articulate
how JEDI is linked with the City’s goals and objectives
and how it benefits the community.
Task 3.2 Draft Goals and Strategies
The training, survey results, and other input activities
will lead to the development of a set of draft prioritized
Plan goals and strategies. Potential strategies will
be chosen and designed based on anticipated
effectiveness, feasibility of implementation, meeting
community needs, addressing service and program
gaps, and other criteria to be developed. Project Team
staff will be asked to provide one consolidated set of
written edits and comments.
Task 3.3 Staff Forum (virtual)
The staff forum is proposed as a two-hour event that
will bring together staff from across City departments.
Staff will review the key findings from the engagement
activities. Participants will discuss the draft equity
statement, as well as the draft goals and strategies.
As the facilitator of the forum, MIG will develop
an agenda and an interactive process to keep the
discussion focused and to ensure all participants
have an opportunity to provide input and comments.
MIG will document and capture feedback and focus
the discussion on implementable policies and
procedures. The Project Team will schedule the forum in
coordination with the staff to ensure it is on a day when
all participants can conveniently attend.
Task 3.4 Community Review Event
This is a flexible activity that can take shape as an
in-person or virtual community workshop, an open
house, or a pop-up activity. It is an opportunity to collect
input from a broad and diverse array of community
members, including the key informant interviewees.
MIG will present the shared definitions for diversity,
equity, inclusion, and anti-racism. Participants will
discuss the draft equity statement, as well as the draft
goals and strategies. As the facilitator of the event,
MIG will develop an agenda and a highly interactive
process to keep the discussion focused and to ensure
all participants have an opportunity to provide input and
comments.
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Task 3.5 Draft JEDI Framework
Building on the input from earlier activities and phases,
the MIG Team will finalize the draft JEDI Framework
content. The Plan will also outline the implementation
process and action steps, providing clear and high-level
direction on staff responsibilities, key benchmarks, and
timelines. two sets of consolidated comments.
Task 3.6 Final JEDI Framework
MIG will finalize the JEDI Framework based on the
input and feedback from the internal JEDI team, staff,
City Council, and members of the public. We will work
with our graphics team to design the format and layout
for the JEDI Framework, which will be presented in
InDesign and be made available electronically. Staff
will be responsible for providing photos and finished
maps and graphics for incorporation into the Plan, and
for ensuring that all needed files are shared in a timely
fashion. MIG will provide the Final Framework as an
electronic PDF file and original InDesign file.
PHASE 4: ENSURING SUCCESS: MONITORING AND
ADJUSTMENTS
Task 4.1 Ongoing Project Management and
Coordination
The purpose of this task is to ensure a consistent
basis for project management, including contract
administration, invoicing, scheduling, and the timely
delivery of all products and services. To ensure efficient
project coordination and implementation, the MIG
project manager will communicate regularly by phone,
email, and in person with the designated Project Team
staff to review progress, discuss emerging issues,
and plan for upcoming activities. MIG will submit the
following formal reports:
Quarterly Reports: Each quarter, MIG will submit a
report to the City describing the activities completed,
summarizing the findings to date, and highlighting any
challenges and how they have been resolved.
Task 4.2 Team Meetings
MIG recommends weekly or bi-monthly, one-hour
check-in meetings with the City Project Team for the
duration of the project (roughly 40 meetings). Consistent
communication is crucial for keeping everyone on the
same page, problem-solving as a team, and building the
relationships and deeper partnerships needed to work
through the challenges equity efforts can bring. These
meetings will be designed to prepare for employee
input activities and events, review project milestones
and deliverables, and discuss emerging issues and
opportunities. In addition, these meetings will be
used to coordinate with the City’s internal JEDI team.
Meetings will take place by conference call or online
video conference and up to two MIG Team members
will participate in the calls. The MIG Team will prepare
agendas and meeting summaries, noting any key
decisions and action items.
Task 4.3 Assessment and Tracking Tool
Included in the implementation process and action
steps will be strategies for measuring progress such
as an online dashboard or matrix tool with Citywide
equity-based goals, benchmarks, and metrics. MIG
will work with the City Project Team to determine what
platform and approach will be most useful for the City to
track and assess the progress of JEDI goals.
Task 4.4 Ongoing Implementation Support for
Leadership
The MIG Team will meet up to four times, two hours
each, with the City Project Team and key leadership to
explore the implementation process and action steps—
adaptive leadership approaches, staff engagement
and communication, staff training and coaching,
influencing other system leaders, data tracking and
continuous quality improvement, ongoing community
input—needed to ensure that new policy, procedure,
and practice changes are adopted in daily work. Based
on these meetings, MIG will create an implementation
support plan for leadership. In addition to the
implementation plan, MIG will, at a minimum, assist with
the development of the following implementation tools:
»Needs-based prioritization methodologies for
possible funding sources
»Staffing plans
»Project lists
»Grant application processes
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Key Personnel
MIG is proud to present an experienced and deeply
motivated team to provide JEDI Consultant Services
for the City of Gilroy. We have assembled a top team of
planners, trainers, and DEI specialists, who have been
selected for their strong expertise in their fields of work
as well as for their passion for this project. Importantly,
as strategic planners, facilitators, and engagement
experts as well as leaders and members of the Equity
Studio at MIG, our proposed team members have
worked together extensively to achieve success on a
range of projects throughout the country.
Carolyn Verheyen will serve as Principal-in-Charge,
providing project direction to ensure adequate
resources are allocated to the project and adherence
to contractual requirements is maintained. With over 30
years of experience, Carolyn is an expert in facilitation
and outreach, social policy planning, community
service delivery, strategic planning, and organizational
development. She has led many strategic planning
and organizational development efforts at the county
level that have resulted in best practices working with
multi-departmental agencies to acheive consensus.
Project Director Kate Welty specializes in equity-
centered strategic planning, organizational
development, training, and facilitation. With over 25
years of experience, Kate manages large-scale mixed-
methods research efforts using surveys, focus groups,
and key informant interviews. She will provide planning
and process design expertise, strategic direction, and
quality control for the entire project. In addition to her
role as project director, Kate will serve as lead trainer.
5. Staffing Plan and Staffing Qualifications
MIG Equity Studio Co-Director, Strategic Planner, and
Facilitator Noé Noyola has over a decade of experience
with community outreach, planning, facilitation, and
training. A bilingual Spanish facilitator, he brings cultural
understanding and awareness of working with ethnically
diverse and economically disadvantaged communities
through his experience in Salinas, Watsonville, and
throughout California. As Project Manager, Noé will serve
as the day-to-day client contact and will be responsible for
overseeing deliverables, reviewing draft work products,
and allocating project resources.
Deputy Project Manager and Outreach Specialist
Ana Padilla will work closely with Noé and Kate to support
project management, coordinating project tasks and
connecting staff and deliverables. A bilingual Spanish
facilitator, she brings an intimate understanding of context-
sensitive engagement and equitable institutional changes.
DEI Specialist and Senior Facilitator Lyssa Ichikawa
specializes in equity-centered strategic planning, public
outreach, training, and facilitation. Lyssa has navigated
processes that create an environment of belonging and
respect, always centering those whose voices are the least
historically included.
Project Associate Bridget Brown will support
data-gathering and analysis and policy review,
development, and monitoring. A native of Gilroy, Bridget
has a strong and intimate understanding of Gilroy’s
community culture and the challenges and opportunities
that exist in advancing racial equity within the City.
Our proposed key personnel have immediate capacity to
perform this work and are committed to the duration of the
project.
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MIG TEAM STRUCTURE
The organizational chart below identifies the overall
MIG Team structure and how our team will respond to
specific project needs.
Kate Welty, Project Director
Noé Noyola, Project Manager
PROJECT MANAGEMENT
PLANNING AND TRAINING
Kate Welty
Lyssa Ichikawa
FACILITATION
Noé Noyola
Lyssa Ichikawa
Ana Padilla
DATA RESEARCH
AND ANALYSIS
Ana Padilla
Lyssa Ichikawa
Bridget Brown
JEDI ENGAGEMENT
SPECIALISTS
Noé Noyola
Lyssa Ichikawa
STAFF QUALIFICATIONS
Detailed resumes, highlighting each individuals
qualifications and relevant experience, are provided on
the following pages.
Carolyn Verheyen
Principal-in-Charge
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EDUCATION
»MPA, Hubert H. Humphrey
School of Public Affairs,
University of Minnesota
»BA, Political Science, Columbia
College, Columbia University
Kate Welty
PROJECT DIRECTOR
Kate Welty has over 25 years of experience directing and guiding organizational
and systems change for public and nonprofit agencies throughout California and
nationally. As a volunteer Court Appointed Special Advocate after college, Kate
encountered the well-intentioned, but flawed child welfare system and found
her calling. Her expertise was honed by working for and consulting with public,
philanthropic, and nonprofit organizations to improve service delivery and
outcomes for children, youth, and families. Kate’s work on systems change from
multiple vantage points gives her a multifaceted perspective that adds tangible
value to clients as they tackle complex problems and identify the most strategic
and effective way forward. As the Director of Social Impact for MIG, Kate
takes organizational and systems initiatives to the next level – leveraging her
knowledge and passion to help clients achieve greater impact and equity with
their programs, policies, and plans. With her unique experience and dedication
to doing the right thing, Kate offers a highly specialized set of strategic thinking,
capacity-building, and activation skills to any organization or agency that seeks
to refine its vision and mission. She brings impeccable client service as well
as fluid facilitation and process design with a sense of humor and fun to lead
organizations in exploring the finer details and defining the steps toward vision
and mission realization.
SELECTED PROJECT EXPERIENCE
»Forest Grove Diversity, Equity, and Inclusion Plan and Training,
Forest Grove, OR
»Golden Racial Equity, Diversity, and Inclusion (REDI) Action Plan, Golden, CO
»Los Angeles County Public Works Equity in Infrastructure Initiative,
Los Angeles County, CA
»FIRST 5 Beacon of Hope Demonstration Project Planning, Santa Clara Co., CA
»California Continuum of Care Reform Implementation, County of Santa Cruz
Human Services Department, Family and Children’s Services Division
»Child Welfare Continuous Quality Improvement Training Academy, Children’s
Bureau, Administration on Children, Youth and Families
»California Permanency Innovations Initiative Grant Proposal and
Implementation Plan, California Department of Social Services
»Education Equals Initiative Implementation Plan, Stuart Foundation
»California Disproportionality in Child Welfare Breakthrough Series
Collaborative, Casey Family Programs and Annie E. Casey Foundation
»Institutional Analysis in Fresno and Santa Clara Child Welfare, Center for the
Study of Social Policy
»California Differential Response Breakthrough Series Collaborative, East Bay
Community Foundation
»San Francisco Department of Early Childhood Strategic Plan 2022-2025
»Child Advocates of Silicon Valley Strategic Plan 2022-2025
»Contra Costa Children's Leadership Council Collective Action Plan 2022-2025
8.1.b
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EDUCATION
»Master of City Planning,
University of California,
Berkeley
»BA, Political Science and
Spanish, Sonoma State
University, Rohnert Park,
California
Noé Noyola
PROJECT MANAGER
With 20 years of experience in facilitation and public engagement, Noé
Noyola is a highly skilled and dedicated community planner and facilitation
specialist whose projects have addressed the full range of urban planning and
design issues—from transportation and housing to economic development
and recreation. He is keenly aware of the emotional ties that people have to
their communities and strives to acknowledge this so that people will engage
more productively and authentically in his projects. Noé’s cultural competency,
fluency in Spanish, and mastery of process and meeting facilitation enable him
to effectively bridge technical content with impacted, and often under-served,
stakeholder communities. As the Co-Director of MIG’s Equity Studio, Noé is
skilled in engaging with under-served, equity-based communities including
Indian Tribal governments. A creative communicator and facilitator, he ensures
an open and balanced exchange of information and ideas that paves the way for
collective decision-making and results in positive outcomes.
SELECTED PROJECT EXPERIENCE
»Caltrans Statewide Equity Training, Statewide, CA
»Cross Agency Service Team Countywide Trauma Informed System of Care
Framework, Santa Clara County, CA
»Salinas Housing and Community Development Needs Assessment, Bilingual
Outreach and Workshops, Salinas, CA
»Green River College Equity-Centered Strategic Plan, Auburn, WA
»Golden Racial Equity, Diversity, and Inclusion (REDI) Action Plan, Golden, CO
»Los Angeles County Parks Rural and Regional Needs Assessment,
Los Angeles County, CA
»Atascadero General Plan Update Community Engagement Program,
Atascadero, CA
»San Gabriel Valley Greenway Network Strategic Implementation Plan,
Los Angeles County, CA
»Caltrans Public Engagement Trainings for Districts, Statewide, CA
»Caltrans D5 Highway 17 Access Management Plan, Community Outreach and
Education, Santa Cruz County, CA
»Caltrans Virtual Public Involvement (VPI) Workshop Assistance and Team
Support, Statewide, CA
»Caltrans D5 US 101 South SLO County Comprehensive Corridor Plan Public
Engagement, San Luis Obispo County, CA
»Caltrans D1 Tribal Planning Summits 2016, 2017, 2019, Del Norte,
Humboldt, Lake, and Mendocino Counties, CA
»Interregional Transportation Strategic Plan (ITSP) 2015 & 2021 Public
Outreach and Engagement, Statewide, CA
»Caltrans D5 Bicycle and Pedestrian Plan, Community Engagement Strategy,
Central Coast, CA
»UC Berkeley Global Campus Development, Community Benefits Facilitation,
Richmond, CA
8.1.b
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EDUCATION
»MA, Environmental
Psychology, San Francisco
State University
»BA, Theology, Magna Cum
Laude, University of San
Francisco
PROFESSIONAL AFFILIATIONS
»Environmental Design
Research Association
PRESENTATIONS
»“Engaging Non-Traditional
Participants in Planning and
Design Projects”
Great Valley Center’s Annual
Conference, Panel
»“Community Participation in
Planning” Seminar, University
of California at Davis
Carolyn Verheyen
PRINCIPAL-IN-CHARGE
Carolyn Verheyen is a firm principal and MIG’s Chief Operating Officer
with 34 years of program management experience in public participation
program design and implementation, process design for community and
interagency meetings, facilitation and consensus-building, public opinion
research, and strategic and organizational planning. Public, private,
and nonprofit clients seek her guidance as an agent of positive and
transformative change in improving the lives of the people they serve.
Her work is informed by a deep understanding of how an environment—
physical and social—not only shapes human behavior, but also contributes
to opportunity, well-being, connection, and sense of purpose. As a
facilitator and strategic planner, Carolyn is known for her sensitive listening,
objective assessment, peer-oriented coaching, and equity lens. Because
many of her projects involve multiple parties of interest, she strives to
foster collaboration with a strategic focus that overrides ego, competition,
and organizational or jurisdictional boundaries, resulting in better
experiences and outcomes for everyone.
SELECTED PROJECT EXPERIENCE
»Marin County Racial Equity Plan, Marin County, CA
»Forest Grove Diversity, Equity, and Inclusion Plan and Training,
Forest Grove, OR
»Marin County Racial Equity Plan, Marin County, CA
»Los Angeles County Public Works Equity in Infrastructure Initiative,
Los Angeles County, CA
»Cross Agency Service Team Countywide Trauma Informed System of
Care Framework, Santa Clara County, CA
»Santa Clara County School-Linked Services Strategic Plan,
Santa Clara County, CA
»Sí Se Puede Collective Strategic Plan, San Jose, CA
»Moorland Healthy Neighborhood Plan, Sonoma County, CA
»First 5 Los Angeles Best Start Initiative Community Assessment,
Los Angeles County, CA
»Oakland Fund for Children and Youth Strategic Plan, Oakland, CA
»Eastern Coachella Valley Building Healthy Communities Ten Year Plan,
Coachella Valley, CA
»Palo Alto Project Safety Net, Santa Clara County, CA
»San Francisco Office of Early Care and Education Organizational
Development Plan, San Francisco, CA
»First 5 San Francisco Strategic Plan 2016-2021, San Francisco, CA
»First 5 Executive Directors Visioning Retreat, Statewide, CA
8.1.b
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City of Gilroy | JEDI Consultant Services 19
EDUCATION
»BS, City and Regional
Planning, Minor in Sustainable
Environments, California State
Polytechnic University,
San Luis Obispo
Ana Padilla
DEPUTY PROJECT MANAGER / BILINGUAL FACILITATOR
Ana Padilla has six years of experience in public engagement and policy
planning. She has applied her skill in research, analysis, writing, and
development of materials across many areas with an eye toward equity,
including transportation, housing, and parks and recreation. She possesses
a strong background in current and long-range planning, and relationship
building, and is receptive to new topics. Her education has contributed to
an intimate understanding of context-sensitive engagement and equitable
institutional changes.
Ana is a skilled and adaptable communicator with intermediate fluency in
reading, writing, and speaking Spanish. Her role in the various conversations
has varied based on the scale of the audiences and stakeholders involved.
She has managed and recruited focus groups specific to youth, seniors, and
monolingual Spanish speakers. Ana has consulted and supported various
engagement efforts, including conversations sensitive to the housing crisis,
institutional changes, and basic needs for living comfortably and safely.
SELECTED PROJECT EXPERIENCE
»Caltrans Equity Training, Statewide, CA
»Forest Grove Diversity, Equity, & Inclusion Plan and Training,
Forest Grove, OR
»Golden Racial Equity, Diversity, and Inclusion Action Plan, Golden, CO
»Green River Community College Equity Visioning Plan, Green River, WA
»MTC-Fastrak Equity Pilot Toll Program, San Francisco Bay Area, CA
»Mt. Hood Community College, Strategic Plan, Gresham, OR
»California Institute for Rural Studies, Institute of Rural Studies; Infographics
and Design Services, San Joaquin Valley, CA
»Bilingual Climate Action and Adaptation Plan Outreach Assistance,
Halfmoon Bay, CA
»Yurok Lands Act Multi-Tribal Facilitation, Eureka, CA
»Caltrans District 5 Bicycle and Pedestrian Plan, Central Coast, CA
»Caltrans Transportation Academy, Statewide, CA
»Santa Rosa General Plan Update, Santa Rosa, CA
»Santa Ana Parks, Facilities, Trails, and Open Space Master Plan,
Santa Ana, CA
»Franklin Boulevard Complete Streets Visualization, Sacramento, CA
»City of Sacramento Parks Master Plan, Sacramento, CA
8.1.b
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20 City of Gilroy | JEDI Consultant Services
Lyssa Ichikawa Bridget Brown
PROJECT ASSOCIATE
Bridget Brown has four years
of experience in public policy,
research, and community
engagement. As a Council
Assistant, Bridget worked with
community members, businesses, stakeholders, and
government agencies to address issues ranging from
COVID-19 recovery and public safety to transportation
and housing for constituents in District 3, Downtown San
José. Her writing, design, and communications skills have
contributed to a range of public education and engagement
materials, including newsletters, press releases, social
media posts, and policy reports. Bridget is dedicated to
policymaking and reform to enhance quality of life for
those whose needs have not been prioritized in the past.
Her experience with the intricacies of city government and
interaction with the public enable her to support a variety
of planning and engagement processes to ensure that
project outcomes are community-centered and equitable.
Bridget was born and raised in Gilroy and has a strong and
intimate understanding of Gilroy's community culture and
the challenges and opportunities that exist in advancing
racial equity within the City. While living in Gilroy, Bridget
was an active volunteer and coordinated fundraising and
donation efforts between Gilroy nonprofits and Christopher
High School. In 2015 Bridget was the recipient of the Susan
Valenta Youth Leadership Award (Chamber of Commerce
Spice of Life Awards) and served as the 2015 Gilroy Garlic
Festival Queen.
EDUCATION
»BA, Political Science & Public Affairs, University of
California, Los Angeles
PROFESSIONAL AFFILIATIONS
»New Leaders Council, Fellow
PUBLICATIONS
»“In Gilroy and beyond, unchallenged racism contributes
to violence”, San Francisco Chronicle, 2019
SELECTED PROJECT EXPERIENCE
»Forest Grove Diversity, Equity, and Inclusion Plan,
Forest Grove, OR
»Los Angeles County Public Works Equity in Infrastructure
Initiative, Los Angeles County, CA
»Richmond Green-Blue New Deal Workforce
Development Plan, Richmond, CA
»San Diego County Environmental Justice Element
Criteria, San Diego County, CA
SENIOR FACILITATOR
Lyssa Ichikawa (she/they) has
over 15 years of experience
creating and facilitating
diversity, equity, inclusion
projects that are based in
social justice and anti-oppression practices. With a
collaborative and receptive approach, Lyssa uses
her background in education to holistically support
processes of change within organizations from personal
identity work to systemic and structural policy. She has
project management experience in long- and short-term
scope and sequence and is skilled in reaching individuals
and organizations exactly where they are at while
encouraging them to move forward in sustainable ways.
Lyssa models a flexible, growth mindset, and a heart-
centered approach. Her passions in intersectionality and
gender/queer justice inform her work as a co-conspirator
both personally and professionally.
EDUCATION
»MS, Education, Bank Street College of Education
»BFA, Theater, The New School
PRESENTATIONS
»Across Colors Diversity Conference, Topic: Examining
Racism and the AAPI Community, December 2021
»Visionary Art Collective, Topic: Building an
Anti-Oppression Practice, December 2021
»The Discovery Channel, Topic: Intersections of Gender,
Queerness, and BIPoC Identity, July 2022
SELECTED PROJECT EXPERIENCE
»Los Angeles County Public Works Equity in
Infrastructure Initiative, Los Angeles County, CA
»Forest Grove Diversity, Equity, and Inclusion Plan and
Training, Forest Grove, OR
»Livermore Title VI Program and Implementation Plan,
Livermore, CA
»Liberation Consulting – curriculum design, workshop
facilitation, and strategic planning services*
»Agape Villages Supporting Gender Nonconforming
Youth in the Child Welfare System – curriculum design
and facilitation*
»Deconstruction Club Anti-Racist Media and Action
Guide – curriculum design and facilitation*
»Westside Neighborhood School; Co-Director of
Diversity, Equity, and Inclusion, Los Angeles, CA*
* Completed prior to joining MIG
8.1.b
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City of Gilroy | JEDI Consultant Services 21
City of Gilroy I JEDI Plan Services
Hrs@ $310 Hrs@ $155 Hrs@ $225 Hrs@ $155 Hrs@ $120 Hrs@ $120
Phase 1 Understanding the Context: Data Gathering and Analysis
1.1 Project Kickoff Meeting 2 $620 4 $620 2 $450 0 $0 0 $0 4 $480 12 $2,170 $0 $2,170
1.2 City Policies Review 0 $0 6 $930 2 $450 8 $1,240 0 $0 20 $2,400 36 $5,020 $0 $5,020
1.3 Key Leaders Interviews (virtual)1 $310 8 $1,240 4 $900 8 $1,240 4 $620 20 $2,400 45 $6,090 $0 $6,090
1.4 Staff Listening Sessions 0 $0 12 $1,860 4 $900 8 $1,240 6 $930 20 $2,400 50 $6,400 $0 $6,400
1.5 Staff Survey (digital)0 $0 8 $1,240 2 $450 2 $310 8 $1,240 16 $1,920 36 $3,920 $300 $4,220
1.6 Key Informant Interviews (virtual)0 $0 12 $1,860 0 $0 8 $1,240 4 $620 16 $1,920 40 $5,020 $0 $5,020
1.7 Community Focus Groups (in person)0 $0 16 $2,480 2 $450 2 $310 8 $1,240 24 $2,880 52 $6,120 $2,000 $8,120
1.8 Analysis of Findings 2 $620 10 $1,550 2 $450 6 $930 4 $620 20 $2,400 44 $5,950 $0 $5,950
Subtotal 5 $1,550 76 $11,780 18 $4,050 42 $6,510 34 $5,270 140 $16,800 315 $40,690 $2,300 $42,990
Phase 2 Developing the JEDI Plan: Policy/Plan Development
2.1 JEDI Capacity-Building Self-Assessment Tool 1 $310 8 $1,240 2 $450 4 $620 4 $620 16 $1,920 35 $4,540 $0 $4,540
2.2 JEDI Capacity-Building Training Workbook 1 $310 12 $1,860 2 $450 16 $2,480 8 $1,240 18 $2,160 57 $7,260 $0 $7,260
2.3 JEDI Capacity-Building Training 1 $310 24 $3,720 2 $450 24 $3,720 8 $1,240 24 $2,880 83 $11,080 $1,000 $12,080
2.4 JEDI Capacity-Building City Council Meeting 1 $310 8 $1,240 6 $1,350 2 $310 2 $310 8 $960 27 $4,170 $0 $4,170
Subtotal 4 $1,240 52 $8,060 12 $2,700 46 $7,130 22 $3,410 66 $7,920 202 $27,050 $1,000 $28,050
Phase 3 Integrating Changes: Plan Implementation
3.1 Draft JEDI Definitions and JEDI Statement 0 $0 4 $620 2 $450 8 $1,240 2 $310 8 $960 16 $2,310 $0 $2,310
3.2 Draft Goals and Strategies 0 $0 6 $930 4 $900 12 $1,860 2 $310 12 $1,440 24 $3,690 $3,690
3.3 Staff Forum (virtual)0 $0 10 $1,550 4 $900 8 $1,240 4 $620 16 $1,920 26 $3,690 $3,690
3.4 Community Review Event 0 $0 16 $2,480 2 $450 4 $620 8 $1,240 20 $2,400 30 $3,550 $3,550
3.5 Draft JEDI Framework 2 $620 18 $2,790 6 $1,350 8 $1,240 6 $930 24 $2,880 40 $6,000 $6,000
3.6 Final JEDI Framework 2 $620 12 $1,860 4 $900 8 $1,240 0 $0 15 $1,800 26 $4,620 $4,6203 14 $0 $0 $0 $0 $0 0 $0 $0Subtotal 4 $1,240 66 $10,230 22 $4,950 48 $7,440 22 $3,410 95 $0 162 $23,860 $0 $23,860
Phase 4 Ensuring Success: Monitoring and Adjustments
4.1 Ongoing Project Management and Coordination 2 $620 12 $1,860 0 $0 0 $0 4 $620 16 $1,920 34 $4,400 $0 $4,400
4.2 Team Meetings (40)0 $0 40 $6,200 8 $1,800 0 $0 2 $310 8 $960 58 $8,960 $0 $8,960
4.3 Assessment and Tracking Tool 0 $0 8 $1,240 2 $450 8 $1,240 2 $310 8 $960 28 $2,930 $2,930
4.4 Ongoing Implementation Support 0 $0 12 $1,860 2 $450 8 $1,240 0 $0 16 $1,920 38 $3,550 $3,550
Subtotal 2 $620 72 $11,160 12 $2,700 16 $2,480 8 $1,240 48 $5,760 158 $19,840 $0 $19,840
15 $4,650 266 $41,230 64 $14,400 152 $23,560 86 $13,330 349 $30,480 837 $111,440 $3,300 $114,740
5% Markup (Direct Costs)$165 $165
$114,905
Optional Task Budget
0.1 Annual Reports (X2)$4,000
Professional
Fees
Totals
MIG, Inc.
MIG
Totals
Ana Padilla
Bilingual Facilitator
e s t i m a t e d p r o j e c t c o s t
Direct
Costs
TOTAL PROJECT COSTS
SUBTOTAL
Bridget Brown
Project Associate
Carolyn Verheyen Noe Noyola
Project Manager Principal-in-Charge
Kate Welty
Project Director Senior Facilitator
Lyssa Ichikawa
MIG, Inc. FFeeee PPrrooppoossaall
6. Budget
Estimated Project Cost
We have provided here our estimated project cost to complete the JEDI Plan,
implementation, and monitoring. Should we be selected, MIG will review
each assignment’s objectives carefully with City staff and will tailor our scope
and cost to best meet Gilroy's needs and resources.
8.1.b
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22 City of Gilroy | JEDI Consultant Services
7. Performance Measures and Reporting
Year 2023 2024
Month (Estimate)JAN FEB MAR APR MAY JUN JUL AUG SEPT OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
PHASE TASK
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
1.0 Understanding the Context: Data-gathering and Analysis
1.1 Project Kickoff Meeting
1.2 City Policies Review
1.3 Key Leaders Interviews (virtual)
1.4 Staff Listening Sessions
1.5 Staff Survey (digital)
1.6 Key Informant Interviews (virtual)
1.7 Community Focus Groups (in person)
1.8 Analysis of Findings X
2.0 Developing the JEDI Plan: Policy/Plan Development
2.1 JEDI Capacity-Building Self-Assessment Tool
2.2 JEDI Capacity-Building Training Workbook
2.3 JEDI Capacity-Building Training
2.4 JEDI Capacity-Building City Council Meeting
3.0 Integrating Changes: Plan Implementation
3.1 Draft JEDI Definitions and JEDI Statement
3.2 Draft Goals and Strategies
3.3 Staff Forum (virtual)
3.4 Community Review Event
3.5 Draft JEDI Framework
3.6 Final JEDI Framework
4.0 Ensuring Success: Monitoring and Adjustments
4.1 Ongoing Project Management and Coordination
4.2 Team Meetings
4.3 Assessment and Tracking Tool
4.4 Implementation Support
MMIIGG 1 of 1
Methodologies
In our equity work, we have partnered with our clients to do two primary types of analysis:
1. Assessing performance through an equity lens
2. Mapping investments and overlaying equity based indicators
For the first, MIG works with the client to understand their outcomes and accountability process. For example, Los Angeles
County uses Results Based Accountability. Our client, Los Angeles County Public Works (PW), tracks data toward a series of
performance measures that align with population indicators and outcomes. We are currently working with PW to collect and
disaggregate performance data to understand if some communities experience disparate outcomes. We are also helping them
build out a dynamic data system that we provide real-time information so that the organization can continue this analysis of
disparity and modify policy and programming to achieve more equitable results.
Project Schedule
Per our proposed Scope of Work, we propose this
schedule to complete the project.
For the second, we have conducted spatial mapping for a number of clients to assist them in understand resource
investment. Again, for our PW project, we gathered data on investment from five years back and two years forward and
mapped those investments. We then overlaid the investment data with data on disadvantaged communities. We used the
Climate and Economic Justice Screening Tool (CEJST), the tool be developed to inform the Justice 40 Initiative, to identify
disadvantaged communities. The outcome was a set of maps that assist PW in understanding what percentage of their
current investment is in disadvantaged neighborhoods. In other projects, we have also used the CAL Enviro Screen and
CalEPA Disadvantages Communities to understand disparity in planning and investment.
8.1.b
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City of Gilroy | JEDI Consultant Services 23
RELATED JEDI SERVICES
SELECT MIG PROJECTS Equity-Centered Training & Capacity-BuildingMulti-Stakeholder FacilitationCommunity Engagement & OutreachSocial Justice & JEDI/DEI/IDEA/REDI FrameworksAffinity & Employee Resource Group Facilitation Accessibility & Disability JusticeEquity-Centered Strategic PlanningConflict Resolution & Decision-MakingHybrid Engagement (In-Person & Virtual) Caltrans Advancing Equity Training for Public Engagement,
Statewide, CA
Forest Grove Diversity, Equity, and Inclusion Plan and
Training, OR
Green River College Equity-Centered Strategic Plan,
Auburn, WA
Santa Clara County System-wide Framework for Trauma
Informed, Healing-Centered Care
Los Angeles Department of Public Works Equity Plan
Marin County Race Equity Planning Committee
Salinas Bilingual Planning and Community Engagement
Activities; Visión Salinas, Salinas Housing and Community
Development Needs Assessment, and Farmworker Housing
Summit Facilitation
Mt. Hood Community College Equity-Centered Strategic
Plan Strategic Plan, Gresham, OR
Golden Racial Equity Diversity and Inclusion Action Plan, CO
Si Se Puede! Collective Strategic Plan, East San Jose
Broadway ATP Equity Project, Los Angeles
Engage Moval: Outreach Toolkit for Disadvantaged
Communities, Moreno Valley
Bend Park and Recreation Comprehensive Plan and
Equity and Inclusion Engagement, OR
Sacramento County Equity-Centered Park and Recreation
Master Plan
Charlotte 2040 Equity-Focused Comprehensive Plan,
Charlotte, NC
Jewish Family Service of San Diego Blueprint, San Diego
Malibu Homelessness Strategic Plan
Relevant Experience
MIG’s relevant projects are highlighted in this table and
on the following pages. We invite you to contact the
clients identified regarding our ability to provide JEDI
services and engage and facilitate diverse staff and
stakeholders in these efforts.
8. References
8.1.b
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Caltrans Statewide Equitable
Engagement Training
In the wake of social justice protests and a national
reckoning on long-standing racial inequalities, centering
equity and inclusion in public engagement and outreach
is now a more important priority for organizations
and agencies than ever. MIG is committed to building
agency capacities to engage with the multilingual
and multiracial communities they serve because we
know thoughtful and meaningful inclusion is absolutely
necessary to inform effective policies, programs, and
planning.
Caltrans engaged MIG to develop and facilitate an
immersive, interactive Statewide Equitable Engagement
Training program to build knowledge, skills, and
capacity of staff to design and implement equitable
engagement. MIG developed eight Training Curriculum
Modules and an Equity Workbook, as well as a
Train-the-Trainers Program with accompanying Equity
Workbook for Trainers to prepare Caltrans staff to
sustain agencywide equitable public engagement work
through future training sessions using the curriculum
and materials.
The training modules used a variety of methods
to support all types of learners including short
subject-matter presentations, small- and large-group
discussions, activities for personal introspection,
polls, videos, and other features. Caltrans staff who
participated in the Train-the-Trainers-Program continue
to use these materials to train their staff in equitable
engagement principles.
With a shared understanding of what equitable
community engagement could look like within Caltrans’
work, staff now have improved capacity to authentically
engage diverse communities, especially traditionally
underrepresented or disadvantaged communities
that are likely to be most impacted by transportation
planning. This training will enable Caltrans staff to more
equitably serve California residents and thus, provide
better outcomes for all communities.
CLIENT CONTACT
Bruce Kemp, AICP, Branch Chief
California Department of Transportation
Equity, Engagement, and Health Branch
(916) 594-1341 | bruce.kemp@dot.ca.gov
8.1.b
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City of Gilroy | JEDI Consultant Services 25
City of Forest Grove Diversity, Equity, and
Inclusion Plan and Training
The City of Forest Grove developed a Diversity, Equity,
and Inclusion (DEI) Plan to support the City Council’s
goal of promoting diversity, equity, and inclusion in the
delivery of city services and operations. In October
2020, the City contracted with MIG to train staff and
leadership on DEI concepts, conduct community
outreach efforts, and develop a plan on how to
incorporate these concepts into the delivery of city
services. The overarching goal of the planning process
is to assist the City in providing equitable services to
everyone in the community, as well as identifying and
removing barriers to access.
To launch this effort, MIG presented the approach
and racial equity framework to the City Council and
all department heads to collect their early input on
the process. In Phase 1, MIG conducted a series of
interviews, focus groups, and an online staff survey to
surface the strengths and challenges as it relates to
DEI. For each of these staff engagement activities, MIG
developed nuanced questions to assess employees’
sense of belonging, their understanding of key terms
such as equity, anti-racism, and inclusion, and their
experiences being their full selves at work, among many
other topics.
CLIENT CONTACT
Elizabeth Stover, Communications/Program Manager
City of Forest Grove
(503) 992-3298 | estover@forestgrove-or.gov
Green River College Equity-Centered
Strategic Plan 2021-2026
Recent declines in undergraduate enrollment could
mean loss of opportunity for half-a-million fewer
students eventually leading to half-a-million fewer
skilled workers supporting families, businesses, and
the economy. Most impacted by this disturbing trend
are community colleges and people of color and low
income.
To navigate these challenges, Green River College
embarked on a forward-thinking planning process to
define a vision, mission, and set of values that will move
the College toward building and working in a more
equitable community. With its Equity Studio expertise,
MIG designed and helped the College conduct a
process of self-examination, external analysis, and
community engagement to develop an Equity-Centered
Strategic Plan that will guide the College into 2026.
A 34-member Steering Committee representing all
campus constituencies worked closely with MIG to
lead the process, which took place virtually. MIG
examined the current state of the College, how it
got there, and what opportunities and/or threats lay
ahead. In addition to quantitative research, MIG, the
Steering Committee, and College leadership gathered
qualitative data through stakeholder interviews,
focus groups, and an online survey. The resulting
Environmental Scan became the basis for discussing
and constructing a Strategic Plan Framework to
embed equity and anti-racism throughout the College
system—from instruction, administration, and operations
to hiring, professional development, and recruitment.
8.1.b
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26 City of Gilroy | JEDI Consultant Services
Two collegewide charrettes, attended by hundreds
of College constituents, helped define equity and
solicited input on a mission, vision, and goals. With the
Framework in place, seven Working Groups developed
recommendations for Objectives and Success Measures
for each identified goal while an eighth developed final
drafts of the College’s Equity, Mission, Vision, and Value
Statements.
MIG led the Steering Committee in consolidating
and crafting the Administrative Draft Plan, which was
presented in a Town Hall and an online comment forum
for input and feedback from the College community.
Based on this feedback, the Final Draft Plan was
completed and presented to the College Board of
Trustees for approval and adoption. The adopted Plan
will steer the College toward becoming an inclusive,
equitable institution that provides opportunities for
education and advancement for all who seek them.
CLIENT CONTACT
Dr. Suzanne Johnson, President
Green River College
(253) 288-3340 | sjohnson@greenriver.edu
Santa Clara County Cross-Agency Service
Team System-wide Framework for Trauma
Informed, Healing-Centered Care
MIG assisted the Cross-Agency Service Team (CAST)
of Santa Clara County in developing a System-wide
Framework for trauma-informed, healing-centered
care. MIG designed and facilitated a planning process
that engaged CAST leaders and department staff in
creating an evidence-based framework that effectively
addresses client and caretaker trauma throughout the
County’s system of care. Using multi-method analytical
approaches, MIG helped guide CAST in developing
strategic recommendations to achieve system-wide
practice changes.
MIG facilitated in-depth bilingual discussions and
led context-sensitive activities with County staff and
community members from across the county in regarding
the intersection of identity, race, culture, and power in the
service delivery system. The concepts, principles, and
practices of racial equity and cultural humility are infused
throughout the System-wide Framework as the County
strives to dismantle systemic bias and individual implicit
bias in the service of deep equity.
MIG is currently providing ongoing implementation
support, monitoring, and technical assistance to promote
the steady shift of the County’s service system to a
trauma informed and healing-focused system of care.
CLIENT CONTACT
Debra Porchia-Usher, Chief Deputy Director
Santa Clara County Social Services Agency
(408) 755-7709 | debra.porchia-usher@ssa.sccgov.org
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City of Salinas Bilingual Planning and
Community Engagement Initiatives
MIG has assisted the City of Salinas—a community with
approximately 75% Latino residents—in developing
a multitude of bilingual and bicultural community
engagement programs over the course of 7 years.
Starting 2015, MIG led a Housing and Community
Development Needs Assessment that included 6
bilingual workshops, budgeting exercises, and an
online survey, all to help the city establish priority
policies and plans for housing, parks, recreation, and
economic development. MIG has worked to develop
the Chinatown Revitalization Plan to foster positive
community development, arts, and open space for
the city’s historic Chinatown, a neighborhood with
critical socio-economic challenges. Later, when Salinas
embarked on building a new Police Headquarters,
MIG assisted the city in facilitating a robust community
dialogue through bilingual outreach materials,
stakeholder interviews, organizational briefings, a
community-wide survey, workshops, direct in-person
outreach to businesses, and presentations to City
Council. The outreach efforts coalesced around Visión
Salinas, a project that coordinates various planning
programs and activities into a cohesive focus on the
future of Salinas, under an overarching umbrella to
transform and strengthen its future. Visión Salinas
acts as a unifying bridge between the City's planning
initiatives and has become a foundation for community
visioning and outreach for the current General Plan
update.
Through this platform, MIG worked on multiple levels
to raise awareness and collaboration both internally
and externally by developing a unifying project identity,
building a bilingual project web portal, facilitating
outreach training, generating infographics and
public-facing materials that communicate consistent
information in a manner that is accessible, clear,
and bilingual. MIG has also assisted with additional
projects including facilitation of a Farmworker Housing
Summit and farmworker survey infographics, and is
currently leading engagement around the design and
development of the Hebbron Family Center.
CLIENT CONTACT
Lisa Brinton, Planning Manager
City of Salinas, Community Development Department
(831) 775-4239 | lisab@ci.salinas.ca.us
Los Angeles County Public Works
Equity in Infrastructure Initiative
The Equity in Infrastructure Initiative is a re-imagining
and transformation of the Los Angeles County
Department of Public Works (Public Works) and how it
serves communities with equity to meet the challenges
of the 21st Century—resulting in better life outcomes
for all. Following the Los Angeles County Board of
Supervisors’ unanimously approved motion to establish
an Anti-Racist County policy agenda, MIG began
working with Public Works to identify the inequities in
the planning, delivery, and distribution of its services
to create a new approach that will drive infrastructure
funding to underserved communities.
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Equity requires digging deeper and MIG is guiding
Public Works to look beyond assumptions and project
checklists and establish long-term relationships with
communities to learn how to best serve local needs.
Through this groundbreaking project, Public Works is
centering equity in all its programming and services as
it builds a safer, more resilient Los Angeles County and
provides equal access to transportation, green spaces,
clean water, sanitation, internet, and energy for all
communities.
CLIENT CONTACT
Alicia Ramos, Capital Projects Program Manager
Los Angeles County Public Works
(626) 614-6546 | aramos@dpw.lacounty.gov
County of Marin Race Equity Action Plan
The County of Marin is taking meaningful steps to build
an anti-racist and multicultural organization by actively
working with community to shift longstanding inequities.
The effort is informed by a new committee of residents
whose lived experiences and perspectives will help
shape a new, countywide Race Equity Action Plan.
The County contracted with MIG to design and facilitate
the Race Equity Planning Committee, comprised of
22 community members including Black, Indigenous
and people of color, youth, seniors, undocumented
and under-documented individuals, and LGBTQIA+
individuals, among others. MIG is providing equity-
centered process design, facilitation and consensus-
building to assist the Committee in identifying goals,
priority initiatives and accountability indicators.
The Race Equity Planning Committee will assist the
County in revising the 2017 Racial Equity Action
Plan. Many of the initiatives laid out in the 2017 plan
have been initiated, but there is so much more to be
done. This Committee will review the plan and make
recommendations on necessary changes in light of
urgent calls for civil rights, social justice, inclusivity,
diversity and equity within Marin County.
Using inclusive engagement techniques, the MIG Team
is co-creating an updated Racial Equity Action Plan that
is inclusive of employees and community, and includes
new tools to address and rectify longstanding biases,
structural, and institutional racism.
CLIENT CONTACT
Jamillah Jordan, Equity Director
County of Marin Office of the County Administrator
(510) 301-5674 | jjordan@marincounty.org
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Acknowledgement
MIG, Inc., has no financial, business, or other
relationship with the City that may have an impact upon
the outcome of this contract.
9. Conflict of Interest Statement
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Acknowledgement
MIG, Inc., has reviewed the City’s Sample Agreement
and has no objections or changes to the standard
contract language.
10. Comments on or Requested Changes to Contract
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DIVERSITY AND INCLUSION
Action Plan 2023-2027
RACIAL EQUITY
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CONTENTS
ACKNOWLEDGMENTS ................................................................... 1
LAND AND RECONCILIATION ACKNOWLEDGEMENT ............ 2
EXECUTIVE SUMMARY ................................................................... 3
CHAPTER 1: INTRODUCTION AND CONTEXT ............................ 4
CHAPTER 2: STAKEHOLDER ENGAGEMENT ............................. 8
CHAPTER 3: GOALS, STRATEGIES, AND ACTIONS ................... 11
CHAPTER 4: IMPLEMENTATION GUIDANCE AND TOOLS ....... 15
CHAPTER 5: NEXT STEPS .............................................................. 18
APPENDIX A: GLOSSARY OF KEY TERMS .................................. 21
APPENDIX B: COMMUNITY ENGAGEMENT SUMMARY ........... 24
APPENDIX C: ACTION PLANNING CONSIDERATIONS ............. 30
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CITY COUNCIL
Mayor Laura Weinberg
Councilor JJ Trout
Mayor Pro Tem, District 1,
Justice, Equity, Diversity,
and Inclusion Subcommittee
Councilor Robert Reed
Ward 1, Justice, Equity,
Diversity, and Inclusion
Subcommittee
Councilor Casey Brown
District 2
Councilor Paul Haseman
Ward 2
Councilor Don Cameron
Ward 3
Councilor Bill Fisher
Ward 4
CITY STAFF
Carly Lorentz
Deputy City Manager, Justice,
Equity, Diversity, and Inclusion
Subcommittee
Kristen Meier
Human Resources Director,
Justice, Equity, Diversity, and
Inclusion Subcommittee
ACKNOWLEDGEMENTS
Many thanks to members of the Golden community who responded to
the survey and attended focus groups and meetings to guide this effort.
We also want to express appreciation to City Council and staff for their
participation in envisioning and activating the City of Golden Racial
Equity, Diversity, and Inclusion (REDI) Action Plan:
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We begin by acknowledging the First Peoples, the Hinono’ei
(Arapaho), Tsistsistas or Tsétsėhéstȧhese (Cheyenne) and
Núuchiu (Ute), as the stewards and relatives of this ancestral
territory that was seized from them in what is now known
as Golden, Colorado. With respect to their elders, past and
present, we recognize the original caretakers of this land, air,
and water.
We make this statement to show respect, honor the truth,
and encourage more substantive, sustained action to
correct the false narratives and hostile practices that seek
to erase Indigenous peoples’ histories, cultures, and daily
presence in a colonized world.
We commit to highlighting true stories of the people who
were and are already here and to address harm, work to build
trusting relationships, and engage in restorative collaboration
with Native communities.
We recognize as we move forward in the spirit of diversity,
equity, and inclusion, that we must hold ourselves and each
other accountable so that we can move forward with a spirit
of belonging, reconciliation, and justice.
We recognize that all members of the community of Golden,
Colorado are needed in this work.
LAND AND RECONCILIATION ACKNOWLEDGEMENT
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EXECUTIVE SUMMARY
CALL TO ACTION
To achieve Golden’s vision, we encourage City partners and community members to commit to taking
action in your own spheres of influence. Within the goals highlighted on the following pages, we outline
strategies that are responsive to our community’s needs and aligned with international equity, diversity,
and inclusion best practices. With the energy, commitment, and passion of all of us working together, we
will achieve our vision of Golden as a diverse, inclusive community and a place for all people to feel valued,
safe, and included.
COMMUNITY-DRIVEN PROCESS
Developed through a dynamic and community
driven process, the REDI Action Plan reflects the
perspectives, interests, and priorities of a diverse
cross-section of Golden community members.
Over 250 community members participated in a
broad range of outreach activities including:
»Key Influencer Interviews
»Focus Groups
»Community Survey
»Equity Training for City Council, Executive
Management Team, and City Staff
»City Staff Listening Sessions
»Baseline Equity Assessment
GOALS
We recognize this work will be ongoing, and this
plan aims to lay out strategies and actions over five
years to achieve the following goals:
»Goal 1: Cultivate a culture of inclusion and
belonging in the City.
»Goal 2: Increase access to services and resources
for diverse community members.
»Goal 3: Foster an organizational culture and
environment committed to racial equity, diversity,
and inclusion.
»Goal 4: Expand economic opportunity for diverse
businesses.
The Racial Equity, Diversity, and Inclusion (REDI) Action Plan identifies goals, strategies,
and actions to achieve a vision of Golden as a place where all are welcomed, included,
represented, honored, and treated fairly, regardless of identity or ability. The City
understands that diversity is intersectional; race intersects with gender identity, ability,
age, economics, and sexual orientation. We are leading with race because we recognize
that racial inequities are widespread and damaging. And we know that measures that
increase inclusion for Black, Indigenous, and People of Color also make life better for all.
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INTRODUCTION AND CONTEXT
Chapter 1
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GOLDEN COMMUNITY
A former gold rush town founded in 1859, Golden is a
center for intellectual development with with engaged
and connected neighbors. The City is home to the
reputable Colorado School of Mines, as well as the
famous Coors Brewery. Rich with scenic beauty and
outdoor activities, Golden draws visitors from near
and far. This charming, walkable community, with its
iconic Golden Welcome Arch, is known for its friendly
residents. Golden continues to grow and thrive today.
Racism in Golden’s History
A recent study titled Indigenous Connections: Native
American Ethnographic Study of Golden, Colorado
and the Clear Creek Valley concludes that while Native
Americans have connections to the Clear Creek Valley
that date back more than 12,000 years, the modern
narrative of the region largely excludes Indigenous
people and their values. The study, which was funded
by a Certified Local Government grant from the
Colorado State Office of Archaeology and Historic
Preservation at History Colorado, is an encouraging
first step in building collaborative and positive
relationships between American Indian tribes, the City
of Golden, and other Front Range communities.
While Spaniards arrived in 1593, it was the discovery
of gold in Colorado in 1858 that prompted the
major shift in tribal relations. As the study points
out, the growth of American settlements in what is
now Golden was made possible by the increasingly
punitive military campaigns and policies against
the Indigenous groups in the region. From the Euro-
American perspective, treaties afforded a legal way
to erode Native American land holdings and promote
the permanent settlement of Colorado by Euro-
Americans on aboriginal territory. But the Federal
government failed to uphold treaty terms and protect
the recognized tribal territories from the influx of
American miners, settlers, and hunters. Tribes were
relocated to reservations, which severely limited their
movement and ability to travel across ancestral lands.
In other cases, peaceful tribal groups were massacred.
In the 1920s, the Ku Klux Klan (KKK) had a powerful
influence in Colorado, particularly in Denver. The group
had successfully infiltrated the highest levels of local
government. In A History of Golden Zoning, author
Don Cameron illustrates how “R1 zoning, as laid out in
the city code, shows a direct link from racist covenants
to restrictive covenants, to exclusionary zoning all of
which kept housing out of the hands of Blacks.”
While this may be historical, feedback from
community engagement activities indicates that
some in Golden experience this legacy of racism
individually and through City systems today.
In 2020, like many jurisdictions, the City responded to national events that
amplified systemic racism and health disparities across our Country. Among
several other equity resolutions, in August 2020, the City Council passed a
resolution declaring commitment to anti-racism actions. One of the resolution’s
directives called for the Justice, Equity, Diversity, and Inclusion (JEDI)
subcommittee to recommend an approach to Council for developing an anti-
racism plan. Ultimately, the City of Golden, with consultation support from
MIG, Inc., developed this REDI Action Plan to advance racial equity, diversity,
and inclusion in Golden as it strives to be a place for all people to feel welcome,
valued, and safe.
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Citywide Demographics
At the time of the 2020 U.S. Census, Golden had a
population of 20,391 and a median age of 35. The
median household income was $80,338, an 11 percent
increase from 2019 and $15,344 more than the
national median income. With a homeownership rate
of 60.8%, the median property value was $541,400,
making Golden a relatively expensive place to live.
According to the 2021 U.S. Census American Community
Survey, 13.1 percent of the population live below the
poverty line, which is higher than the national average
of 12.8%. The largest demographic living in poverty are
Males 18 - 24, followed by Females 18 - 24 and then
Males 55 - 64. The most common racial or ethnic group
living below the poverty line in Golden is White, followed
by Asian and persons who identify as two or more races.
In 2020, 85 percent of the Golden population was
White (Non-Hispanic), 13.4 times more than any other
race or ethnicity. There were 1,300 White (Hispanic)
residents, or 6.37 percent, and 407 Asian (Non-
Hispanic) residents, or 2 percent, making these the
second and third most common ethnic groups. During
this same period, 7.75 percent of residents (1,580
people) were born outside of the United States, which
is lower than the national average of 13.5 percent.
The City’s Workforce
Across the City’s full-time workforce, 59 percent are
Male and 41 percent are Female (see Image 1). Image 2
illustrates the diversity of full-time employees at the City
of Golden. People of color, Hispanic persons, and women
are not represented in the full-time workforce equivalent
to their representation in the overall population.
Representation of People of Color and Women in Workforce2
Golden
Workforce
City of
Golden
Jefferson
County
POC representation 9.2%14.5%24.1%
POC representation in management and top wage earners 3.4%
Representation of Hispanic persons 4.2%7.7%15.6%
Representation of Hispanic people in management and top
wage earners 0%
Women representation 41%42%50%
Women representation in management level positions and
top wage earners 31%
1 Public Records Request, April 4, 2022
2 Prepared by City of Golden Human Resources, June 2021
Image 1: City of Golden Workforce Demographics by Gender1
0 50 100 150 200 250
Male
Female
260
183
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PLAN PURPOSE AND DEVELOPMENT
The REDI Action Plan identifies goals, strategies, and
actions to achieve a vision of Golden as a place where
all are welcomed, included, represented, honored, and
treated fairly, regardless of identity or ability.
The planning process included two phases—Phase
1—Listening and Learning: Key Issues, Opportunities,
and Priorities; and Phase 2—Taking Action: Developing
the REDI Action Plan—designed with the following
guidelines in mind:
»Leverage Local Networks and Existing Community
Engagement Efforts. Build on the variety and
depth of existing community involvement initiatives
in Golden to engage the public effectively and
efficiently in the REDI Action Plan process. Tap
into existing community-based networks of local
leaders and groups to connect with a wider range
of community members.
»Identify Barriers to Participation. Cultivate an
understanding of existing or potential barriers to
the full participation of all community members,
particularly communities of color and low-income
populations, in the REDI Action Plan process.
»Create Opportunities for Inclusive and Equitable
Participation. Provide multiple and varied
opportunities for a broad range of community
members, businesses, interest groups and City
staff to share meaningful input. Unique methods
will be designed to specifically engage communities
that have not traditionally participated in planning
efforts, including disadvantaged communities, youth
and limited-English proficient communities, and
address barriers to participation identified above.
»Collaborate and Inform Decision-Making. Collect
useful and relevant public input that reflects local
expertise and values and informs decision-making
related to the REDI Action Plan process.
»Build Long-Term Capacity for Civic Engagement
around Racial Equity, Diversity, and Inclusion. Build
social capital and support those engaged through
the process to stay involved and share not only
concerns and issues, but also solutions and strategies
necessary to implement the REDI Action Plan.
To implement the approach, a combination of virtual
engagement, grassroots outreach support, multi-media
communications, and social media outreach were used.
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STAKEHOLDER ENGAGEMENT:
UNDERSTANDING
THE NEEDS
Chapter 2
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The Golden REDI Action Plan was
developed through a community-
driven process and engaging with the
Golden community was integral to
each phase of the planning process.
The first step was to develop an Equitable Engagement
Plan to ensure that the REDI Action Plan would be
informed by robust and genuine feedback from a broad
and diverse representation of the community. The
framework was designed to be flexible and dynamic to
ensure integration of voices often left out of planning
processes and to adapt to the evolving needs of the
planning process.
Through the community outreach program, the City
of Golden engaged over 250 community members
through the following activities:
»Community Feedback Activities. The following
activities sought a broad spectrum of community
perspectives and critical insights on racial equity,
diversity, and inclusion needs and emerging
opportunities in Golden. Participants were asked
questions about their understanding and vision
for REDI in Golden; current challenges, issues, and
opportunities; their experience of Golden in terms
of equity, diversity, and inclusion; and activities,
roles, strategies and actions, performance
measures, and partnerships to advance the REDI
Action Plan. Summaries of the results of these
activities are included in Appendix B: Community
Engagement Summaries.
»Key Influencer Interviews. Seven virtual small
group interviews were conducted in October
2021 with a total of 26 key stakeholders and
community partners, including members of
the Golden Anti-Racism Collective and Golden
United; Golden Economic Development and
Redevelopment staff; the Golden Chamber of
Commerce; the Mayor and City Council; and the
City’s Executive Management Team.
»Focus Groups. Four virtual community focus
groups were conducted in October 2021 with a
total of 32 participants. Two of the focus groups
were targeted to specific participants: one
featuring students and staff of the Colorado
School of Mines, and another with students and
staff of Bell Middle School. The other two were
open to all community members; participants
were recruited with the help of a survey seeking
demographic information to ensure that a broad
spectrum of diverse participants was engaged.
»Community Survey. An on-line survey was made
available to Golden community members for
just over two months from October 27, 2021,
through January 3, 2022. The survey received
183 responses from people who live and/or work
in or for the City of Golden, own property or
a business or attend school in Golden, or visit.
Most respondents were residents. Responses to
the optional demographic questions indicated
that they were broadly representative of the
population of Golden in terms of racial / ethnic
identity, age, and annual household income.
»City Staff and Operations Activities. These activities
sought specific feedback from City leadership and
staff on current Issues and opportunities related to
REDI and ideas for equitably delivering services and
operations.
»Equity Training for City Council, Executive
Management Team, and City Staff. Prior to
conducting input sessions with City leadership
and staff, MIG conducted interactive training
sessions to establish shared language and
common definitions, allowing participants to
engage in honest and brave conversations, and
building the knowledge, skills, and capacity
to challenge systemic racism, understand
unconscious bias and practice equity in the day-
to-day.
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»City Staff Listening Sessions. Three listening
sessions, open to all City staff, were conducted
in May-June 2022. To ensure that a broad
spectrum of City staff at all levels were able to
participate, Human Resources randomly selected
staff members to invite to each session, as well
as encouraging all staff to volunteer. 32 staff
members participated in the sessions. Staff
members responded to questions about the City’s
key challenges and strengths in promoting equity,
diversity, and inclusion; strategies and actions to
embed diversity, inclusion, and anti-racism in all
aspects of service delivery and operations, as well
as measures to gauge success; and recommended
community engagement and partnerships to
advance implementation.
»Baseline Equity Assessment. The Baseline
Equity Assessment was designed to reflect on
current policy, procedure, and practice at City-
wide and Department-specific level to establish
a starting point from which the City can begin
to consciously address and reduce inequity. Four
primary activities informed the assessment: a
review of background information, City policy
and procedure documents, and websites; a
focus group conducted with the entire Executive
Management Team; a Management Team survey;
and individual interviews with each member.
EMERGING THEMES
The key themes described below emerged from the stakeholder engagement findings:
»Cultivate a Culture of Inclusion and Belonging.
It is crucial to address divisiveness in Golden—
the class divide and the perceived division
between residents, City staff, and visitors;
the attitude of NIMBYism (not in my back
yard—not wanting something perceived as
undesirable in one’s neighborhood or near one’s
home) on the part of some current residents;
and discrimination in the community and
at schools. Finally, to effectively implement
the REDI Action Plan, mechanisms must be
established to help ensure accountability.
These are addressed in the strategies and
implementation considerations in this plan.
»Increase Accessibility of Services and
Resources. To make Golden a more equitable
and welcoming community, services and
resources must be made more accessible to all.
This includes language accessibility, including
multilingual signage; creating spaces that are
accessible to people of all abilities; expanding
transportation that is accessible to all;
subsidized child care for lower-income families;
and providing low-cost services for seniors.
»Diversify City Workforce (at every level).
Diversifying City of Golden’s workforce at
every level will also help make it a more
welcoming and inclusive City. This includes not
only instituting more equitable policies and
procedures for recruitment, hiring, professional
development and advancement, but also
ongoing equity training and education for all
City leadership and staff.
»Expand Economic Opportunity. Diversifying
business is important; provide support and
incentives for more diverse small businesses
and procedures for City contracting with more
diverse organizations.
»Increase Supply of Affordable Housing. Golden’s
high cost of living and lack of affordable housing
is an obstacle to diversity. To accomplish this,
the City must also address NIMBYism on the
part of some current residents.
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GOALS, STRATEGIES, AND ACTIONS
Chapter 3
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Based on the findings from Phase I, the Justice, Equity, Diversity, and Inclusion Subcommittee collaborated
with the consultant to develop goals and strategies. The goals and strategies were shared on Guiding Golden
and a Community Conversation was held to offer the opportunity to provide additional feedback. Finally, a
working session was facilitated with the City of Golden Executive Management Team to review the goals and
strategies and build out the Action Plan.
GOALS
The REDI Action Plan will achieve four goals:
»Goal 1: Cultivate a culture of inclusion and
belonging in the City.
»Goal 2: Increase access to services and
resources for diverse community members.
»Goal 3: Foster an organizational culture and
environment committed to racial equity,
diversity, and inclusion.
»Goal 4: Expand economic opportunity for
diverse businesses.
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Action Plan
Goal 1: Cultivate a culture of inclusion and belonging in the City.
Strategies Timeline
1.1 - Enhance and more effectively implement the City’s community engagement approach. Year 1
1.2 - Strengthen the cultural competence and responsiveness of annual Golden events. Year 1
1.3 - Diversify City Boards and Commissions by creating and institutionalizing a process for
recruiting and selecting a more inclusive cross-section of community members to serve on
these important bodies.
Year 1
1.4 - Launch a highly visible public awareness campaign in Golden about the tangible
benefits for the City of expanding and supporting racial equity, diversity, and inclusion.
Year 2
Goal 2: Increase access to services and resources for diverse community members.
Strategies Timeline
2.1 - Use data to drive effective community engagement and service delivery approaches.Year 1
2.2 - Prioritize implementation of the strategies to expand affordable housing in the August
2022 City of Golden Housing Needs and Strategies Assessment.
Year 1
2.3 - Use findings from the National Community Survey and Community Assessment Survey
for Older Adults to get residents involved in existing City services. If service gaps remain,
develop age-friendly strategies to ensure that low-income BIPOC community members of all
ages have access to the services, resources, and connections they need.
Year 2
2.4 - Create and fully implement a City policy and systematic process to ensure that all
communications platforms and communications collateral distributed by the City are
culturally responsive (e.g., reflect different types of families and the ethnic diversity of
community members and visitors) and are accessible to community members who do not
speak or speak limited English and who have different abilities. (Link to Strategy 1.2)
Year 2
2.5 - Invest City dollars in an “Equity Package” to ensure that low-income BIPOC
community members of all ages in Golden have increased access to needed supports
and opportunities.
Year 5
The Action Plan includes the goals, strategies, and timeline—the year targeted for strategy
implementation to begin. We recognize this work will be ongoing, and this plan aims to lay out actions
for five years. Each year, the City will use the implementation plan template in Chapter 4 and the
guidance provided in Appendix C to build out the annual plan.
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Goal 3: Foster an organizational culture and environment committed to racial equity,
diversity, and inclusion.
Strategies Timeline
3.1 - Create a training plan to provide ongoing training for City staff at all levels and
community about the history of Golden, structural racism and implicit bias, and leading
through an equity lens. Ensure that all new staff are systematically linked to pre-service
and ongoing training.
Year 1
3.2 - Review policies, ordinances, code, and charter and modify to include inclusive language.Year 1
3.3 - Establish policies and procedures across City Departments to expand access to
diverse candidates and eliminate implicit bias in the hiring or advancement process. Areas
of practice to include are recruitment, screening, interviewing, hiring, and advancement.
Year 2
3.4 - Golden City Council and Executive Management Team implement consistent use of an
equity decision making process when making major (criteria to be defined) decisions.
Year 3
3.5 - Create and implement an annual equity-based budgeting process.Year 4
3.6 - Create an outcomes and accountability process for the City of Golden to understand
its results through an equity lens. Select performance metrics for the City overall and
all Departments (including metrics on service delivery and administrative performance).
Implement a dynamic data system to collect and analyze data on key metrics through
disaggregation and spatial mapping. Continuously plan ways to address any inequities
identified through ongoing data collection and analysis.
Year 4
Goal 4: Expand economic opportunity for diverse businesses.
Strategies Timeline
4.1 - Launch a community-level contracting initiative for the City of Golden. Unbundle larger
contracts into smaller contracts that do not exceed a particular dollar threshold. Increase
outreach and technical assistance to small, minority, women, disabled veteran, LGBTQ,
and disadvantaged business enterprises to successfully bid on these smaller contracting
opportunities. Consider establishing a target percentage of contracting that must be done
with smaller, local, diverse businesses.
Year 2
4.2 - Increase access to flexible capital: Create and support programs offering low-cost,
flexible capital (e.g., loans, grants) to small, minority, women, disabled veteran, LGBTQ,
and disadvantaged business enterprises and prioritize incentives and other investments to
projects that advance inclusive growth.
Year 4
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IMPLEMENTATION GUIDANCE AND TOOLS
Chapter 4
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Create specific and shared leadership for REDI Action
Plan implementation. Transforming an organization
and community to be more equity-centered requires
changing mindsets and behaviors, as well as policies
and programs. This is challenging work that takes
focus, intentionality, and time and requires an artful
mix of leadership skill, collaboration, and accountability.
»Create a REDI Leadership Role: The City will create
a REDI leadership role, which will likely be added to
an existing position, to report to the City Manager’s
office. This role will have high-level authority and
direct access to the City Manager. The person will
have extensive knowledge and experience in social
justice and equity work, as well as have proven skills
in large-scale organizational change management.
Training and coaching will be provided.
»: Change is possible when skilled leaders work
collaboratively with those who are responsible for
and passionate about making the change happen.
Both the organization and the broader Golden
community are responsible for the desired change.
The City Council will create a REDI Implementation
Team, composed of internal staff and community
stakeholders who have a key role in implementing
some aspect of the plan. The Team will focus on
promoting accountability for implementing the
REDI Action Plan and coordinating community-wide
efforts to advance equity. The City will create a
clear membership selection criteria and process that
balances diversity, inclusion, and implementation
responsibility. Additionally, Golden will hire a neutral
facilitator to work closely with the REDI staff to
create the guidelines and process for the team, as
well as ensure both social-emotional (e.g., shifting
mindsets, deepening understanding, building
relationships and partnerships, etc.) and task goals
are met. (See https://www.racialequityalliance.org/
resources/racial-equity-core-teams-the-engines-of-
institutional-change/)
Conduct a workplace environmental assessment.
Understanding existing staff mindsets (at all levels of
the organization), knowledge and skills, and willingness
to learn and change will help shape the City’s overall
approach and sequencing of strategies and action
steps in the plan. For example, once assessment
findings have been gathered and analyzed, the City
may strategically choose to begin some actions with
Departments that are further along in their equity
knowledge and experience; may leverage the skills of
some Departments to assist others; or may choose to
focus targeted education in Departments that may
not have taken the first steps. The City will conduct
a workplace environmental assessment—either
through hiring a consultant to conduct an assessment
or leveraging the City’s involvement in GARE to
implement the GARE survey—and use the findings to
create a more tailored implementation approach (e.g.,
sequencing and timeline of activities).
Incorporate the REDI Action Plan strategies into the
overall Golden Strategic Action Plan. The process
for implementing the 2022 Strategic Action Plan is
working well. City Department leaders understand
that the Strategic Action Plan guides their work, and
they are actively following through on action items
assigned to them through the process. The City will
implement the REDI Action Plan through this process
and crosswalk the REDI strategies with the strategies
in the overall City Strategic Action Plan to identify
possible alignment or overlap and create clear plans for
coordinating and integrating implementation.
To ensure the strategies in the REDI Action Plan are implemented effectively,
the City of Golden will take the following initial steps to support leadership
and accountability:
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Action Planning Matrix
Strategies and
Action Steps
Lead Person
Responsible
Groups/Individuals
to Consult
Timeline
(Start and End)
Performance
Metrics
What action steps
will be necessary
for successful
implementation of
this strategy?
Which functional
role is best
positioned to
lead successful
implementation
of the strategy
Who needs to
be engaged and
consulted as
the strategy is
implemented? Push
yourself to consider
those who are not
usually at the table.
In determining
timeline, consider
»which strategies
will need to be
implemented
first to help
others be more
successful?
»will you need
additional
capacity to
implement
this strategy
successfully and
how long will
it take to build
that capacity?
How will you
know you have
been successful in
implementing the
strategy? Move
beyond process
measures to ask
how people’s
beliefs, behavior,
or experiences will
be different.
Each year, the REDI leader, working with the REDI Implementation Team, will
complete an annual Action Planning Matrix, using the definitions below, to
chart what will be accomplished, by whom, on what timeline, and how the team
will know if they’ve succeeded. At the end of each year, the Implementation
Team will assess progress and provide an update to City Council.
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NEXT STEPSChapter 5
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Through a community-driven process, the City of
Golden, led by the Justice, Equity, Diversity, and
Inclusion Committee, created this aspiring REDI Action
Plan. The goals and strategies in the plan are aligned
with the City’s five success factors:
»Active, Connected, and Sustainable
»Affordable and Thriving
»Safe, Inclusive, and Engaged
»Respected and Relational Governance
»Quality Services
The Action Plan provides direction and guidance
but remains flexible enough to allow Golden to
respond to new opportunities or adapt in the face of
unforeseen challenges. Through its effective process
for implementing the Golden Strategic Action Plan,
the City Council will ensure accountability to the
goals and actions in this plan. And through the energy
and commitment of City staff, collaborating agencies
and organizations, and community members, Golden
is positioned to achieve its vision of becoming a
place where all are welcomed, included, represented,
honored, and treated fairly, regardless of identity
or ability.
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APPENDICES
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For the City of Golden to effectively engage and advance racial equity work, stakeholders must start with a shared
language when referring to the same issues. A shared language supports meaningful conversations further minimizing
confusion, misunderstanding, or misaligned perspectives which can impede and lead to frustration.
ANTI-RACISM: Anti-racism is defined as the work of
actively opposing racism by advocating for changes in
political, economic, and social life. Anti-racism tends to
be an individualized approach and set up in opposition
to individual racist behaviors and impacts.
“To be anti-racist is to think nothing is behaviorally
wrong or right -- inferior or superior -- with any of the
racial groups. Whenever the antiracist sees individuals
behaving positively or negatively, the antiracist
sees exactly that: individuals behaving positively or
negatively, not representatives of whole races. To
be anti-racist is to deracialize behavior, to remove
the tattooed stereotype from every racialized body.
Behavior is something humans do, not races do.”
(Ibram X. Kendi, How to be an Antiracist)
CHOICE POINTS: A choice point is a decision-making
opportunity to consciously consider racial equity and
influence outcomes. Example choice points may be
decisions made within program development, event
planning, budgeting, hiring, policy development, etc.
CRITICAL RACE THEORY: Critical Race Theory (CRT)
is a theoretical framework that emerged out of the legal
field in the 1970s. It posits that race is a social construct
and that racism is not simply the product of individual
bias or prejudice, but also is maintained and influenced in
political power, social organizations, government entities,
public administrations, and education.
DIVERSITY: Diversity includes all the ways in which
people differ, and it encompasses all the distinctive
characteristics that make one individual or group
different from another. It is all-inclusive and recognizes
everyone and every group as part of the diversity
that should be valued. A broad definition includes not
only race, ethnicity, and gender — the groups that
most often come to mind when the term “diversity” is
used — but also age, national origin, religion, disability,
sexual orientation, socioeconomic status, education,
marital status, language, and physical appearance. It
also involves different ideas, perspectives, and values.
ENVIRONMENTAL JUSTICE: The fair treatment of
people of all races, cultures, and incomes with respect
to the development, adoption, implementation, and
enforcement of environmental laws, regulations, and
policies.
EQUALITY: The state of being equal, especially in
status, rights, and opportunities.
EQUITY: Fairness and the quality of being fair; for
equal outcomes to be achieved, people may need
different resources, especially in transportation. The
quality of being fair and impartial.
EQUITY VS. EQUALITY: Equality is the right of distinct
groups of people to have a similar social position and
receive the same treatment: i.e., equality between
the sexes, and racial equality. Equal treatment does
not necessarily create equal outcomes. Equity is
about fairness and the quality of being fair; for equal
outcomes to be achieved, some people need different
resources, especially in transportation. To ensure that
everyone can succeed, we need to tailor our services to
different groups’ needs.
APPENDIX A: GLOSSARY OF KEY TERMS
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FOUR LEVELS OF RACISM: There are four levels of
racism; each is defined below.
»Individual Racism refers to the beliefs, attitudes, and
actions of individuals that support or perpetuate
racism. Individual racism can be deliberate, or the
individual may act to perpetuate or support racism
without knowing that is what he or she is doing.
»Interpersonal Racism occurs between individuals.
Once we bring our private beliefs into our interaction
with others, racism is now in the interpersonal realm.
»Institutional Racism refers specifically to the ways
in which institutional policies and practices create
different outcomes for different racial groups. The
institutional policies may never mention any racial
group, but their effect is to create advantages for
whites and oppression and disadvantage for people
from groups classified as people of color.
»Structural Racism is more difficult to locate in
a particular institution because it involves the
reinforcing effects of multiple institutions and
cultural norms, past and present, continually
reproducing old and producing new forms of
racism. Structural racism is the most profound
and pervasive form of racism–all other forms of
racism emerge from structural racism. This includes
the normalization and legitimization of an array
of dynamics–historical, cultural, institutional,
and interpersonal–that routinely advantage
whites while producing cumulative and chronic
adverse outcomes for people of color. Structural
racism encompasses the entire system of White
domination, diffused, and infused in all aspects
of society including its history, culture, politics,
economics, and the entire social fabric.
HEALTH EQUITY: Health equity means that every
person, regardless of who they are—the color of their
skin, their level of education, their gender or sexual
identity, whether they have a disability, the job that
they have, or the neighborhood that they live in—has
an equal opportunity to achieve optimal health.
IMPLICIT BIAS: Also known as unconscious or
hidden bias, implicit biases are negative associations
that people unknowingly hold. They are expressed
automatically, without conscious awareness. Many
studies have indicated that implicit biases affect
individuals’ attitudes and actions, thus creating
real-world implications, even though individuals may
not even be aware that those biases exist within
themselves. Notably, implicit biases have been shown
to trump individuals’ stated commitments to equality
and fairness, thereby producing behavior that diverges
from the explicit attitudes that many people profess.
The Implicit Association Test (IAT) is often used to
measure implicit biases about race, gender, sexual
orientation, age, religion, and other topics.
INCLUSION: Authentically bringing traditionally
excluded individuals and / or groups into processes,
activities, and decision / policy making in a way that
shares power.
LAND ACKNOWLEDGEMENT: A Land
Acknowledgement is a formal statement that
recognizes and respects Indigenous Peoples as
traditional stewards of this land and the enduring
relationship that exists between Indigenous Peoples
and their traditional territories. To recognize the
land is an expression of gratitude and appreciation
to those whose territory you reside on, and a way of
honoring the Indigenous Peoples who have been living
and working on the land from time immemorial. It is
important to understand the long-standing history
that has brought you to reside on the land, and to
seek to understand your place within that history.
Land acknowledgements do not exist in a past tense,
or historical context: colonialism is a current ongoing
process, and we need to build our mindfulness of our
present participation. It is also worth noting that
acknowledging the land is Indigenous protocol.
(http://www.lspirg.org/knowtheland)
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MEANINGFUL ENGAGEMENT: The processes,
methods, and activities whereby the City of Golden
shares information and actively solicits, considers, and
incorporates input from a wide range of stakeholders
and constituents. Engagement can only be considered
“meaningful” if the solicitor of input demonstrates
that input received is considered with an equity
lens and incorporated in a way that has influenced
the planning process or decision making. The party
engaged is the only party that can say whether the
engagement process has been meaningful for them.
As such, it is important to continuously check-in
with those providing input to see if the engagement
process continues to be meaningful.
PEOPLE/PERSON OF COLOR: This is not a term that
refers to real biological or scientific distinction between
people, but the common experience of being targeted
and oppressed by racism. While each oppressed group
is affected by racism differently and each group
maintains its own unique identity and culture, there is
also the recognition that racism has the potential to
unite oppressed people in a collective of resistance.
BIPOC: An acronym for Black, Indigenous and People
of Color. The term has increased in use and awareness
during 2020 after the Black Lives Matter resurgence
against racism and police brutality in the wake of the
George Floyd shooting. BIPOC is meant to emphasize
the hardships faced by Black and Indigenous people in
the US and Canada and is also meant to acknowledge
that not all people of color face the same levels of
injustice.
PRIVILEGE: Unearned social power accorded by
the formal and informal institutions of society to all
members of a dominant group (e.g., white privilege,
male privilege, able-bodied privilege, etc.). Privilege is
usually invisible to those who have it because we are
taught not to see it, but nevertheless, it puts them at
an advantage over those who do not have it.
PRONOUNS: Pronoun sharing is an inclusive practice
that is increasingly being incorporated into our business
culture. Standardizing the practice of sharing pronouns
acknowledges that gender identity is non-binary and
reduces the risk of relying on visual cues and, thereby,
misgendering coworkers.
RACIAL EQUITY: Racial equity is a process of
eliminating racial disparities and improving outcomes
for everyone. It is the intentional and continual
practice of changing policies, practices, systems, and
structures by prioritizing measurable change in the
lives of people of color. Racial equity is the condition
that would be achieved if one’s racial identity no longer
predicted how one fares. This includes the elimination
of policies, practices, attitudes, and cultural messages
that reinforce differential outcomes by race or fail to
eliminate them.
RESTORATIVE JUSTICE: Restorative justice is a
theory of justice that emphasizes repairing the harm
caused by crime and conflict. It places decisions in
the hands of those who have been most affected by
wrongdoing and gives equal concern to the victim, the
offender, and the surrounding community. Restorative
responses are meant to repair harm, heal broken
relationships, and address the underlying reasons for
the offense. Restorative justice emphasizes individual
and collective accountability. Crime and conflict
generate opportunities to build community and
increase grassroots power when restorative practices
are employed.
SOCIAL DETERMINANTS OF HEALTH (SDOH):
Social Determinants of Health (SDOH) are the
conditions in the environments where people are born,
live, learn, work, play, worship, and age that affect a
wide range of health, functioning, and quality-of-life
outcomes and risks. SDOH can be grouped into five
domains:
1. Economic Stability
2. Education Access and Quality
3. Health Care Access and Quality
4. Neighborhood and Built Environment
5. Social and Community Context
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APPENDIX B:
COMMUNITY ENGAGEMENT SUMMARY
COMMUNITY INPUT SOURCES
Key influencer interviews with 26 members of:
»Golden Anti-Racism Collective + Golden United
»Chamber of Commerce / Economic Development
»Mayor and City Council
»Golden Executive Management Team
Four focus groups with 32 total participants:
»Two community focus groups
»Youth focus group with students and staff of
Bell Middle School
»Students and staff of Colorado School of Mines
Community Survey – 183 responses:
»Open October 27, 2021 through January 3, 2022
WHO RESPONDED - COMMUNITY SURVEY
How many years have you lived/worked in the City of Golden?
More than 20
years, 35%
11 to 20
years, 24%
1 to 5 years,
20%
6 to 10 years,
19%
Less than 1 year,
3%
How many years have you lived /
worked in the City of Golden?
White non-
Hispanic, 66%
I prefer not
to say, 14%
Two or more
races, 7%
Other, 5%
Hispanic or Latino, 4%
Asian, 2%
Native American /
Alaskan Native, 2%
Some other
race, 2%Black or African
American, 1%
How do you identify your
racial / ethnic identity?
How do you identify your racial / ethnic identity?
How old are you?
45-54,
25%
65+,
23%35-44,
20%
55-64,
18%
25-34,
11%
18-24, 2%
How old are you?
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WHO RESPONDED - COMMUNITY SURVEY
How representative of Golden’s population were these results?
»20% less white
66% white respondents v. 82% white population*
»Older than average
67% respondents 45 or older v. 34% population 45+**
»11% more women
61% female respondents v. 50% female population*
»Higher-income than average
44% respondent households with income over $100k v.
38% overall households over $100k**
* Source: 2020 United States Census
** Source: 2019 American Community Survey
QUESTIONS ASKED
Vision for REDI:
»Understanding of REDI – what it means to you
»What equity, diversity, inclusion looks like in/enriches
Golden
How is Golden doing?
»How the City is doing at being diverse, equitable,
welcoming, inclusive
»Issues and challenges, assets and opportunities
»What will make Golden more welcoming?
Building and Implementing the REDI Action Plan
»Roles for City leadership and staff; community
members; community partners and organizations
»Preferences for continued engagement in the process
»Strategies and actions to embed REDI in City services
»Barriers and how to address them
»How to define and measure success
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VALUE AND VISION
Value of Examining/Discussing REDI in Golden
»57% of community survey respondents replied “Yes” —
there is value in examining / discussing the status of
REDI in Golden
»34% replied “No”
»9% replied “I Don’t Know”
Vision for REDI in Golden
»All are welcomed, represented, honored and treated
fairly, regardless of identity
»All have equitable access to resources and opportunity—
race and other factors aren’t a determinant
»Increased diversity in leadership, staff, business, culture,
activities and events
HOW IS GOLDEN DOING?
50-70% of survey respondents rate their experience
of the following in Golden as good to excellent:
»Providing equal employment opportunities to all
»Making all individuals feel welcome in business
establishments
»Welcoming individuals from all backgrounds to
participate in local government and community
decision-making
»Treating all individuals fairly
»Respecting individual cultural beliefs and values
»Making all individuals feel welcomed
»Providing a safe and secure environment for
individuals of all backgrounds
»Helping individuals feel connected and integrated
»Demonstrating respect for individuals of different
cultures and belief systems
»Valuing individuals from diverse background
45-50% of survey respondents rate their experience
of the following in Golden as fair or poor:
»Providing equal access to housing for individuals of
all backgrounds
»Attracting people from diverse backgrounds
How Welcoming is Golden?
»Over half of survey respondents think Golden is
not welcoming to: people of lower income
»Less than half of survey respondents think Golden is
welcoming to: immigrants, people who are not US
citizens
How Golden is Already Doing Well
»Distinctive character with friendly, small-town feel
»High level of passionate volunteerism and civic
engagement
»Strong and accessible City government, high level
of services
»Commitment to REDI; recent improvements in
diversity and awarenes
Do you see value in examining/discussing
the status of REDI in Golden?
Yes, 57%No, 34%
I Don't Know, 9%
Yes, 57%No, 34%
I Don't Know, 9%
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DISCRIMINATION IN GOLDEN
Over half of survey respondents rarely or never
experience and/or witness discrimination based on:
»Military personnel/veterans (82%)
»Age (76%)
»Gender (75%)
»National origin (72%)
»Disability (72%)
»Sexual orientation or gender identity (71%)
»Religion (70%)
»Race (68%)
»Socioeconomic status (54%)
However, many described racial and other discrimination
witnessed or experienced.
ISSUES AND CHALLENGES
Major Issues
»Lack of affordability and opportunity—especially
for less-advantaged communities
»Majority, traditional, white-centered culture and
history—others do not feel welcome
»Intolerance and discrimination in community,
businesses, schools
»Racial, economic, many other sources
»Less visible to majority
»Resistance to change / lack understanding of
diversity’s value
Concerns Expressed Regarding REDI Effort
»Not needed - Golden is already welcoming and
equitable
»Leading with race is divisive and/or discriminatory
»Effort is based on political correctness / virtue-
signaling
»Inappropriate role for government / unnecessary
use of City funds
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PRIORITIES FOR GOLDEN
Divided on Priorities
»Priorities considered:
»Addressing social, economic, racial equity
differences in: criminal justice system, housing,
local government leadership, education,
transportation, jobs; creating a diverse, inclusive,
fair community; supporting and promoting a
more diverse and equitable workforce
»55-63% of survey respondents think these are
moderate to high priorities for Golden’s city
government
»35%-42% of survey respondents think these are
low to no priority for Golden’s city government
SOLUTIONS
Making Golden More Welcoming and Inclusive
»Provide equitable access to resources and
opportunities (e.g., affordable housing, jobs)
»Disadvantaged need additional support to
overcome barriers
»Acknowledge and address racist history, continued
systemic and personal discrimination
»More representation of diverse cultures and faiths
in public events and depictions of Golden history
and culture
»Create more welcoming and accessible public spaces
»Being more welcoming leads to greater diversity
among residents, business and City leadership and
staff—which in turn makes Golden more welcoming
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SOLUTIONS CONT.
Roles for City Leadership and Staff
»Assess policies, procedures, attitudes, systemic
barriers to equity
»Focus on policies to help make City more affordable,
welcoming, and accessible
»Sincere, rigorous, sustainable implementation—
actionable strategies with clear goals/
performance measures
»Increase and retain diversity in leadership and
staff; educate and train
»Engage more of community—meet them where
they are
»Ensure that diverse communities are represented,
help lead REDI effort
Roles for Community / Community Organizations
»Community must get more engaged and involved,
take the lead
»Educate each other; champion, model and
demonstrate equity and inclusion
»Advocate for and support disadvantaged
communities
Roles for Everyone
»Increase diversity and inclusion in community
organizations, institutions, and business
»Convene and participate in difficult, but open and
civil discussions
»Participate in and promote activities that celebrate
diversity
29RACIAL EQUITY, DIVERSITY, AND INCLUSION ACTION PLAN | 2023-2027City of Golden
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Packet Pg. 137 Attachment: Golden_REDI Action Plan_FINAL (4059 : JEDI Consultant Bid Award)
APPENDIX C:
ACTION PLANNING CONSIDERATIONS
Goal 1: Cultivate a culture of inclusion and belonging in the City.
Strategies
1.1 - Enhance and more effectively implement the City’s community engagement approach.
Considerations to guide action planning:
»There are research-based factors that drive successful implementation. They fall under three main
categories: staff competence and confidence, organizational supports, and leadership. See https://nirn.
fpg.unc.edu/resources/implementation-drivers-action-plan to learn more about implementation drivers.
»Providing a single training to educate staff about a new approach will not lead to effective adoption of the
approach. Initial learning (through training) must be coupled with applying that learning in a supported
space and getting feedback to continuously improve. Ultimately, a way to track consistent application of
the new learning is needed to ensure sustainability.
»Both the Planning Guide and Toolbox could be more explicit on concepts around power sharing and ensuring
cultural, language, and ability accessibility in outreach, communications collateral, and engagement.
»Develop a City equity language guide.
Additional questions:
»Which staff need competency in community engagement? (Target the capacity building strategy to those
positions; ensure capacity building happens if there is staff turnover in those positions.)
»Which leaders supervise those positions? (Create a supervisory framework for managers who oversee
staff with community engagement responsibilities; build check-ins on community engagement into regular
supervision to ensure strong and consistent implementation.)
»Who is best to provide the overall training? (Train the supervisors first; then train the staff. ensure new staff
are trained if there is staff turnover in those positions)
»Are the principles of strong community engagement consistently discussed at Executive Management Team?
30RACIAL EQUITY, DIVERSITY, AND INCLUSION ACTION PLAN | 2023-2027City of Golden
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Packet Pg. 138 Attachment: Golden_REDI Action Plan_FINAL (4059 : JEDI Consultant Bid Award)
Goal 1: Cultivate a culture of inclusion and belonging in the City.
Strategies
1.2 - Strengthen the cultural competence and responsiveness of annual Golden events.
Considerations to guide action planning:
»Launch a “Community Dialogue” series with key representatives of the groups that are responsible for hosting
the local Golden events to ultimately agree on more culturally competent approaches. Start with education
and awareness building to shift mindsets about how BIPOC community members may perceive events.
»Allow for different perspectives to be shared and facilitate the group toward a new consensus on how Golden
wants to represent itself in these community building activities.
»Hire a skilled educator/facilitator to work with the REDI leader to lead these conversations.
»Partner with BIPOC communities to co-create the conversations.
»Educate the group through an objective lens and build a shared vision that everyone in the group can support.
»Create a safe space for challenging discussion and differing points of view.
»Do not put time constraints on the resolution. Allow people the time they need to integrate new information
and shift their mindset.
»Consider how the event permitting process could be changed to provide parameters on ensuring community
events are culturally respectful and responsive.
1.3 - Diversify City Boards and Commissions by creating and institutionalizing a process for recruiting and
selecting a more inclusive cross-section of community members to serve on these important bodies.
Considerations to guide action planning:
»Make meetings and activities more accessible.
»Use nontraditional media and methods to do outreach
»Create community engagement/outreach liaisons on staff.
»Seek additional technical assistance to implement this strategy through GARE. Need additional capacity,
clarify who can access GARE resources.
»Understand that BIPOC communities have reasonable grounds to mistrust government entities. The onus
is on City staff to shift those relationships of mistrust through diligent outreach, deep listening, and
consistently demonstrating that meaningful actions will be taken if communities engage.
31RACIAL EQUITY, DIVERSITY, AND INCLUSION ACTION PLAN | 2023-2027City of Golden
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Packet Pg. 139 Attachment: Golden_REDI Action Plan_FINAL (4059 : JEDI Consultant Bid Award)
Goal 1: Cultivate a culture of inclusion and belonging in the City.
Strategies
1.4 - Launch a highly visible public awareness campaign in Golden about the tangible benefits for the City
of expanding and supporting racial equity, diversity, and inclusion.
Considerations to guide action planning:
»Example of messages about equity benefits: https://www.gacities.com/Resources/Reference-Articles/
Equity-and-Inclusion-%E2%80%93-Key-Points.aspx?feed=93d3a9e3-258c-4a31-8540-e69641995743 for an
example of messaging.
»Focus an aspect of the campaign on benefits of visitors to encourage residents to be more welcoming to
weekend and summer visitors.
»Solicit the services of a communications consulting firm with expertise in equity campaigns at the
municipal level.
»Create a campaign workgroup to guide REDI leader and DEI consultant composed of City staff responsible
for public relations and representatives from existing community groups working to advance equity.
»Create and measure desired outcomes from the campaign.
Additional questions:
»Has Golden done public awareness campaigns in the past? What can you learn or leverage from those
experiences?
»Do you have champions in the community that have credibility with their peers?
32RACIAL EQUITY, DIVERSITY, AND INCLUSION ACTION PLAN | 2023-2027City of Golden
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Packet Pg. 140 Attachment: Golden_REDI Action Plan_FINAL (4059 : JEDI Consultant Bid Award)
Goal 2: Increase access to services and resources for diverse community members.
Strategies
2.1 - Use data to drive effective community engagement and service delivery approaches. Systematically collect,
analyze (e.g., by always disaggregating data by race, languages spoken, ability, sexual orientation, etc.), and
display data on the demographics of City residents and visitors to guide communications and service planning.
Considerations to guide action planning:
»See https://www.racialequityalliance.org/wp-content/uploads/2017/09/GARE_GettingtoEquity_July2017_
PUBLISH.pdf
2.2 - Prioritize implementation of the strategies to expand affordable housing in the August 2022 City of
Golden Housing Needs and Strategies Assessment.
2.3 - Use findings from the National Community Survey and Community Assessment Survey for Older
Adults to get residents involved in existing City services. Conduct more aggressive outreach through an
equity-centered lens. If service gaps remain, develop age-friendly strategies to ensure that low-income
BIPOC community members of all ages have access to the services, resources, and connections they need.
2.4 - Create and fully implement a City policy and systematic process to ensure that all communications
platforms and communications collateral distributed by the City are culturally responsive (e.g., reflect different
types of families and the ethnic diversity of community members and visitors) and accessible to community
members who do not speak or speak limited English and who have different abilities. (Link to Strategy 1.2)
Considerations to guide action planning:
»Recognize that creating and disseminating the policy is the first step.
»Ensure a process is put in place to educate staff on the best practices for culturally competent materials.
»In addition, while staff are learning, ensure that public materials are reviewed by the REDI Director or other
designated staff or workgroup and that feedback is provided to staff members so that learning can deepen.
»Make it part of the REDI leader’s job that feedback from the community is proactively used to improve internal
communications processes to ensure they are increasingly culturally competent, accessible, and inclusive.
2.5 - Invest City dollars in an “Equity Package” to ensure that low-income BIPOC community members of all
ages in Golden have increased access to needed supports and opportunities.
Considerations to guide action planning:
»See https://www.nlc.org/article/2017/09/14/moving-forward-on-charlottesville/ (scale appropriate to Golden)
»Start by working with County service providers (e.g., aging and adult, transportation, early care and education,
workforce development, food security, housing, foster care) and the school district to better understand the
gaps in service for low-income groups that the City could potentially support.
»Conduct focus groups with low-income BIPOC families, adults, and seniors to understand unmet needs that
the City is positioned to address.
33RACIAL EQUITY, DIVERSITY, AND INCLUSION ACTION PLAN | 2023-2027City of Golden
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Packet Pg. 141 Attachment: Golden_REDI Action Plan_FINAL (4059 : JEDI Consultant Bid Award)
Goal 3: Foster an organizational culture and environment committed to racial equity, diversity, and inclusion.
Strategies
3.1 - Create a training plan to provide ongoing training for City staff at all levels and community about the
history of Golden, structural racism and implicit bias, and leading through an equity lens. Ensure that all new
staff are systematically linked to pre-service and ongoing training.
Considerations to guide action planning:
»Work with the REDI leader and the REDI Implementation Team to identify the learning objectives for the
training.
»Leverage the City’s involvement with GARE to identify a training model for Golden.
»Consider whether the training purveyor is willing to work with the City to customize the curriculum to Golden.
»Consider using a train-the-trainer model. If so, identify a group of staff to go through the train-the-trainer
program.
»Establish an ongoing process and schedule for the internal trainers to train other staff.
»Create facilitated communities of practice for staff to participate in after they have gone through the
training so that they can continue to apply learnings to daily activities, share lessons learned, and deepen
understanding of equity concepts.
»Integrate equity concepts into regular supervision sessions to ensure that learning is transferred into daily work.
3.2 - Review policies, ordinances, code, and charter and modify to include inclusive language.
Considerations to guide action planning:
»Create a phased process of modification by prioritizing policies and ordinances.
»Establish a group of staff and community members to review policies and ordinances to ensure a diverse
and inclusive perspective.
»Create a communications strategy to amplify that these changes have been made, as well as describing
the rationale and implications for the City’s work.
34RACIAL EQUITY, DIVERSITY, AND INCLUSION ACTION PLAN | 2023-2027City of Golden
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Packet Pg. 142 Attachment: Golden_REDI Action Plan_FINAL (4059 : JEDI Consultant Bid Award)
Goal 3: Foster an organizational culture and environment committed to racial equity, diversity, and inclusion.
Strategies
3.3 - Establish policies and procedures across City Departments to expand access to diverse candidates and
eliminate implicit bias in the hiring or advancement process. Areas of practice to include are recruitment,
screening, interviewing, hiring, and advancement.
Considerations to guide action planning:
»Begin with data collection (see Strategy 3.2) and transparency—create a dashboard and track progress every
year. See https://www.boston.gov/departments/diversity/city-boston-employee-demographics-dashboard
»Focus first on staff training and shifting the culture to ensure that diverse staff will be welcomed and
supported (see Strategy 3.1, as well as using the results from the workplace environmental assessment to
improve culture).
»Do not rely on informal networks anymore to fill open positions. Do research to identify local and regional
partners that can connect the organization to more diverse candidate pools.
»Conduct specialized training for hiring managers on implicit bias in the hiring and advancement process.
»Conduct blind reviews of candidate applications to avoid implicit bias.
»Ensure that equity is explicitly addressed in the interview process both to signal to the candidate that it is
important to the organization and to understand their mindset.
»Create mentorship and sponsorship programs that are geared toward advancing traditionally
underrepresented groups.
3.4 - Golden City Council and Executive Management Team implement consistent use of an equity decision
making process when making major (criteria to be defined) decisions.
Considerations to guide action planning:
»Develop process. Example: https://www.metro.net/about/equity-race/. See Rapid Equity Assessment Tool.
»Create criteria for level of decisions to be screened using the process.
»Adjust proposals based on findings from assessment to ensure equitable outcomes.
35RACIAL EQUITY, DIVERSITY, AND INCLUSION ACTION PLAN | 2023-2027City of Golden
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Packet Pg. 143 Attachment: Golden_REDI Action Plan_FINAL (4059 : JEDI Consultant Bid Award)
Goal 3: Foster an organizational culture and environment committed to racial equity, diversity, and inclusion.
Strategies
3.5 - Create and implement an annual equity-based budgeting process.
Considerations to guide action planning:
»Select and/or adapt an existing tool. Example: https://www.metro.net/about/equity-race/. See Budget
Equity Assessment Tool.
»Train managers who make budget decisions on effective application of the tool.
»Beta test the tool. Conduct a follow up survey with users to learn about the strengths of the process and
how the process could be improved.
»Incorporate improvements into the process and train managers again prior to the next annual budgeting cycle.
»Create a check and balance in the process to ensure the tool is used systematically.
3.6 - Create an outcomes and accountability process for the City of Golden to understand its results through
an equity lens. Select performance metrics for the City overall and all Departments (including metrics on
service delivery and administrative performance). Implement a dynamic data system to collect and analyze
data on key metrics through disaggregation and spatial mapping. Continuously plan ways to address any
inequities identified through ongoing data collection and analysis.
Considerations to guide action planning:
»See https://www.racialequityalliance.org/wp-content/uploads/2017/09/GARE_GettingtoEquity_July2017_
PUBLISH.pdf
»Consider adopting Results Based Accountability for the City of Golden (see document above).
»Consider hiring a consultant to guide Golden in developing a robust outcomes and accountability process.
»Create a centralized City workgroup to guide the development of the outcomes and accountability process.
»Have the centralized group work with a small group of staff from each Department to identify their
performance metrics.
»Work with the Departments to develop a plan for gathering the data needed to measure performance.
»Select a dynamic data system or connected systems to store, analyze and report the data.
»Establish an ongoing procedure for continuous quality improvement—looking at data findings, asking why
questions, determining how to answer why questions, and developing solutions to turn the needle toward
more equitable outcomes. Ensure this process is used by each Department to understand its performance.
36RACIAL EQUITY, DIVERSITY, AND INCLUSION ACTION PLAN | 2023-2027City of Golden
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Packet Pg. 144 Attachment: Golden_REDI Action Plan_FINAL (4059 : JEDI Consultant Bid Award)
Goal 4: Expand economic opportunity for diverse businesses.
Strategies
4.1 - Launch a Community-level Contracting Initiative for the City of Golden. Unbundle larger contracts into
smaller contracts that do not exceed a particular dollar threshold. Increase outreach and technical assistance
to small, minority, women, disabled veteran, LGBTQ, and disadvantaged business enterprises to successfully
bid on these smaller contracting opportunities. Consider establishing a target percentage of contracting that
must be done with smaller, local, diverse businesses.
Considerations to guide action planning:
»Additional guidance: https://www.racialequityalliance.org/resources/contracting-equity-best-local-
government-practices-advance-racial-equity-government-contracting-procurement/
»Example: https://dpw.lacity.org/blog/la-city-board-public-works-approves-motion-establish-community-
level-contracting-program
4.2 - Increase Access to Flexible Capital: Create and support programs offering low-cost, flexible capital (e.g.,
loans, grants) to small, minority, women, disabled veteran, LGBTQ, and disadvantaged business enterprises
and prioritize incentives and other investments to projects that advance inclusive growth.
Considerations to guide action planning:
»Additional guidance: https://www.lisc.org/media/filer_public/7b/a6/7ba61381-119d-4452-abfb-
5c7c4b767eed/12082020_resource_ba-inclusive-small-business-support.pdf
»Example: https://www.charlottesville.gov/723/Business-Equity-Fund-Loan-Program
37RACIAL EQUITY, DIVERSITY, AND INCLUSION ACTION PLAN | 2023-2027City of Golden
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Packet Pg. 145 Attachment: Golden_REDI Action Plan_FINAL (4059 : JEDI Consultant Bid Award)
City of Gilroy
STAFF REPORT
Agenda Item Title: Adoption of An Urgency Ordinance of the City Council of
the City of Gilroy Adopting a Franchise Agreement with
Recology South Valley for Solid Waste Hauling Services
and a Finding that Its Action in Adopti ng the Ordinance is
Exempt From Review Under the California Environmental
Quality Act (“CEQA”) Pursuant to CEQA Guidelines
Section 15061(b)(3) (Common Sense Exemption) In that the
Proposed Ordinance Will Continue an Existing State -
Mandated Program for the Protection of Public Health and
the Environment, and None of the Circumstances in CEQA
Guidelines Section 15300.2 Apply.
Meeting Date: November 21, 2022
From: Jimmy Forbis, City Administrator
Department: Administration
Submitted By: Jimmy Forbis, City Administrator
Prepared By: Bryce Atkins, Assistant to the 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
a) Motion to read the ordinance by title only and waive any future reading.
b) Adopt an Urgency Ordinance of the City Council of the City of Gilroy app roving a
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franchise agreement with Recology South Valley for solid waste hauling services.
EXECUTIVE SUMMARY
The purpose of this item is to provide the City Council with an opportunity to consider a
new solid waste franchise agreement with Recology South Valley.
For many decades, the City has partnered with Recology South Valley, and its
predecessor companies, to provide the full range of solid waste management services
for the community. During this time, City residents and businesses have enjoyed
excellent service from the company provided at competitive prices. The City has a
franchise agreement with Recology that will expire in 2022, the Council directed staff to
negotiate a replacement agreement with Recology. Due to the pandemic and other
factors, the negotiations with Recology have just been completed and the
recommended franchise agreement (attached) is ready for Council consideration.
The City Charter (Charter) places a limit of 25 years for franchise agreements. The
previous franchise agreement for solid waste hauling services was adopted on
September 2, 1997, placing the required end of the agreement on September 2, 2022.
The City of Gilroy commenced negotiations for a new franchise agreement for solid
waste hauling services, but which was not able to be finalized before the 25-year limit
was reached. A new, short-term franchise agreement was created to provide this
essential service, and begin implementation of new state legislation, while the process
to finalize the new, longer-term franchise agreement was completed.
The negotiations have been completed, and a draft new long -term franchise agreement
has been produced for Council consideration to adopt via ordinance. Due to the limited
timeframes before the next quarterly billing cycle is initiat ed and the conclusion of the
interim franchise agreement term is reached, this urgency ordinance is required to place
the agreement into effect on December 1, 2022. A similar, standard ordinance is also
being presented for Council consideration to carry th e agreement to the full term with
the conventional ordinance approval process.
POLICY DISCUSSION
Does Council wish to grant a new, long -term franchise agreement to Recology South
Valley to provide solid waste hauling services within the City of Gilroy?
BACKGROUND
The City contracts through exclusive franchise agreements for solid waste hauling
services, sometimes referred to as garbage or refuse service, but which now also
includes, due to recent legislation, required recycling and organic waste service . The
franchise agreement process is regulated by the Charter. According to the Charter, the
maximum term limit on franchise agreements is 25 years.
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The City entered into its previous franchise agreement on September 2, 1997. At 25
years, the required termination of that franchise agreement was reached on September
2, 2022. The City has been in negotiations with Recology South Valley (Recology) on a
new franchise agreement, pursuant to the requirements of the Charter. However, the
new franchise agreement that was in negotiations was not able to be completed in time
for a transition from the 25-year agreement. An interim franchise agreement was
executed, effective August 15, 2022 and terminating December 31, 2022.
Negotiations have continued between the Cit y’s negotiating team and Recology South
Valley. New state legislation and court cases have necessitated changes in the
franchise agreement between the version adopted in 1997 and the agreement proposed
this evening. New legislation includes:
• AB 341 – instituting mandatory commercial recycling to reduce greenhouse gas
emissions by diverting commercial solid waste to recycling efforts and to expand
the opportunity for additional recycling services and recycling manufacturing
facilities in California.
• AB 1826 – instituting mandatory commercial organics recycling. This bill
implemented an organic waste recycling program to divert organic waste
generated by businesses, including multifamily residential dwellings that consist
of five or more units.
• SB 1383 – instituting required organic waste recycling for residential and
commercial customers, building on top of AB 1826. The law requires local
agencies to enforce organic waste recycling and food recovery programs, as well
as education and outreach.
Adoption by Ordinance Required
The Charter also specifies procedures for adoption of a franchise agreement. The
franchise must be granted by ordinance pursuant to Section 600 of the Charter.
Additionally, an urgency ordinance requires five affirmative votes to be passed,
pursuant to Section 602 of the Charter, instead of the usual four affirmative votes for
regular ordinances.
ANALYSIS
Summary
While the expiration of any franchise agreement would typically involve some updating
and modernization of the document, ch anges in California laws and regulations have
required the City and Recology to include significant changes in the services provided.
Most notably, SB 1383 and its accompanying regulations mandate that the City take
actions to require local residents, businesses, and institutions to divert compostable and
recyclable wastes away from the garbage stream. In addition to the marketing and
communication efforts that have typically been implemented to encourage recycling,
these new regulations require inspections, enforcement, and recordkeeping if the City is
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to achieve compliance with the State law. State regulations also now require the City to
purchase certain quantities of compost or other products made from the diverted
organic materials and oversee/support t he recovery of edible food. In addition, the City
is now required to ensure that litter is removed from the streets and kept out of the
storm drain system. Failure to comply with these mandates will ultimately result in fines
from the State.
The City has worked with Recology to develop a franchise agreement with the following
attributes:
• Recology continues to perform all of the services they are currently providing
including collection, management, disposal, transfer, street sweeping, and billing;
• Recology will initiate a new bulky item collection program for multifamily
residences and will cooperate with City efforts to collect waste in special and
unusual circumstances at the City's request;
• Recology staff are largely responsible for the maximum amount of SB 1383
compliance activities that State law allows private parties to perform including
outreach to customers, inspections, audits, recordkeeping etc.;
• Recology staff will provide the City with enforcement referrals, as needed, to
enforce the City's ordinance as required by State law;
• Recology will cooperate with the City's efforts to procure compost or other
materials as required by law;
• Recology will provide the City with implementation funds required by the City to
comply with State, regional, and/or local laws; and
• Service rates will be adjusted based on updated relevant cost factors and the
amount of support required by the City for regulatory compliance.
These additional services will require an increase in the rates paid by customers. The
initial increase that was negotiated with Recology would be 13.12% effective January 1.
This increase is broken down in the “Rate Increase” section below.
Key Changes
Below are described the key changes from the 1997 -2022 Solid Waste Franchise
Agreement and the proposed ten-year franchise agreement being introduced.
• Term. The term of the new franchise agreement is ten years and seven months,
from December 1, 2022 through June 30, 2033. The agreement stipulates that
the parties shall meet again and confer on the possible extension during calendar
year 2031, well in advance of the term ending date.
• State Legislation Implementation. The new franchise agreement continues
implementation of state legislation mentioned earlier relating to solid waste. The
three-cart system will remain, but additional efforts as outlined in the agreement,
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including Exhibit C, include additional workload for Recology to implement these
laws for those elements that can be delegated to the franchise waste hauler.
• Rate Increase. Rates are proposed to increase by 13.12%, which results in
increases of between $0.97 on the low end and $12.90 on the largest residential
rate for multiple carts and hillside location, as shown on Exhibit A. No rate
increase was made effective in July of 2022 due to the negotiations underway
and the development of the interim agreement. In the proposed agreement,
Exhibit A identifies the new rates that would be in effect on December 1, 2022.
The reason for the increase is two-fold:
1. The additional scope of work being performed by Recology related to SB
1383 compliance.
2. The loss of commodity values related to the China National Sword Policy
in 2018, a policy initiative by the government of China to monitor and
stringently review recyclable waste imports. The China National Sword
Policy has reduced the demand for recycling commodities to a point where
Recology now must pay to have the material processed. Prior to 2018,
hauling companies were paid for recycling commodities. The prior
agreement did not consider commodity values as part of the rate change
calculation. To protect the rate payers moving forward, in case the
demand for commodities returns, changes in commodity values are now
included in the rate change calculation.
The detailed breakdown of the negotiated increase is as follows:
• 3.18% - Adjustment that would have normally taken effect on July 1, 2022
but was delayed due to negotiations;
• 1.57% - Adjustment for additional staff and resources required for SB
1383 compliance;
• 3.73% - Adjustment for new bulky item collection program;
• 4.64% - Adjustment for changes in recycling market revenues in which
recycling commodities, which used to have value, now actually cost
money to be recycled.
The increase above does not include any payment to the City of implementation
funds, any compost procurement, or any special collection services as the rate
impacts associated with these items will vary depending on the City's request
and do not begin on January 1. The earliest some of these charges could be
included is July 1, 2023. These are discussed more later in this report.
Staff believes that the rate adjustment is reasonable given the new services
required and changes in the marketplace that have impacted Recology
financially. Many communities have seen rate a djustments required of over 20%
as a result of these same factors. In addition, the City has negotiated for
Recology to perform the maximum amount of regulatory services legally
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permissible in order to avoid the need for additional City staff to maintain
compliance.
• Future Rate Increases. Governed by Section 9 of the Agreement, with the basis
of calculation and example in Exhibit 2A of the 2022 proposed Agreement, future
annual increases will consist of a formula driven by weighted amounts. This
formula considers the consumer price index, fuel cost increases, refuse disposal
costs, recyclables processing costs, and any exceptional costs that may have
been incurred in the year prior.
• Service Level Changes. Below is a table identifying the changes in services
received from the 1997 Franchise Agreement and comparing them to the
services being provided in the proposed 2022 Franchise Agreement.
Service 1997 Franchise
Agreement
2022 Franchise
Agreement
Performance Audits
Performance audits may
be conducted by the City,
but not more frequently
than once every five years.
[Section 12]
Change - The City now
has the right, at any time
during the term of the
agreement, to conduct an
audit of the performance of
Recology
[Section 2(A)]
Fees Paid to City
Administrative Fee – 4%
Franchise Fee – 5%
[Section 11(d)]
No Change:
Administrative Fee – 4%
Franchise Fee – 5%
[Section 3]
New:
Regulatory and Consulting
Fee - $110,000.
[Section 4]
Collect Refuse from
Homeless Encampments None.
New - Collection provided,
and costs will be included
as exceptional costs in the
rates for the following year.
Only pickup of bins, not
manual labor of ground
cleanup [Section 6(B)]
Bulky Item pickup for
customers (formerly
Spring Cleanup)
Annual Spring Cleanup
event once per year.
Change - Two bulky item
collections per calendar
year. For bin service, the
number of collections per
calendar year shall be half
the number of units. Limits
on type and amount of
collection are imposed
[Section 6(E)]
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Service 1997 Franchise
Agreement
2022 Franchise
Agreement
Mattress Collection
Events None.
New - Twice per year
mattresses can be
dropped off at the Pacheco
Pass facility, or other
facility owned or operated
by Recology [Section 6(I)]
Compost Procurement None.
New – as part of SB1383,
City is now required to
procure compost at
regulated amounts.
Purchase provisions are
included to allow City to
procure through the
franchise agreement
compost from Recology.
Charges will come through
Exceptional Costs,
accounted for in the
following year’s rate
adjustment. [Section 6(J)]
Solid Waste
Implementation Fee None.
New – The City may, in
implementing the
requirements of the City’s
solid waste programs in
keeping with local,
regional, state and federal
requirements, request and
receive a fee that shall not
exceed the reasonable
foreseeable costs for these
activities, and the costs will
be included in the
exceptional costs for
calculating the next year’s
rate adjustments.
[Section 6(K)]
Develop and Implement
an Outreach and
Education Program
Recology assisted in
promotion of the recycling
program and services.
[Section 4(h)]
Change – the 1997
agreement had a program,
but it has changed over
time, and in the new
agreement has been
expanded due to the
requirements of state
legislation regarding solid
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Service 1997 Franchise
Agreement
2022 Franchise
Agreement
waste, recycling and
organics recycling
requirements.
[Section 6(L)(xii)]
Liquidated Damages
Liquidated damage
amounts vary from $10-
$50 per occurrence,
depending upon the event,
up to $100 per day for the
largest incident, with
specific causes.
[Exhibit M]
Change – the amount is
now $300 per day, with
certain caps per year that
escalate based on prior
year liquidated damage
amounts levied.
[Section 7(B)]
Termination of Service
for Non-Payment
No termination of service,
lien placed on property
each year for any unpaid
balances.
[Section 11(b)]
Change – the previous
system for continuing
service and applying liens
on property has changed.
Failure of a customer to
make payment who are
120 days in arrears will
now result in termination of
service until the bill is paid.
Details of the timing and
conditions are outlined in
this section.
[Section 11]
Transfer Requests
No reimbursement to City
for costs associated with
analyzing a transfer or
assignment.
[Section 16]
Change - In the event
Recology wishes to
assign/transfer the
agreement, it must pay the
City $50,000 to cover all
direct and indirect costs
with evaluation and
processing requested
transfer.
[Section 15]
Insurance Coverage
$5 million general liability,
as well as other insurance
requirements
Change – Recology will
now retain $10 million in
insurance, with additional
insurance language from
the municipal risk pool the
City participates within,
enhancing protection for
the City and its taxpayers
and ratepayers from losses
9.1
Packet Pg. 153
Service 1997 Franchise
Agreement
2022 Franchise
Agreement
relating to insurance
claims.
[Exhibit B]
SB 1383 Education,
Outreach, and
Enforcement
None.
New – Recology will now
assist the City to comply
with SB 1383 and other
state legislation
surrounding organics and
recycling.
[Exhibit C]
Fiscal Impact of Franchise
The fees paid by the waste hauler are intended to compensate the City for the fiscal
impacts of the agreement on the City. There currently is no means to fully assess the
full financial impacts of the franchise services on the City’s infrastructure and staffing.
After considering the costs to the City of these various impacts, it is Staff's conclus ion
that the fees charged bear a reasonable relationship to the costs and burdens imposed
upon the City. These impacts include the following:
• Heavy Vehicles on Streets
Franchise fees are intended, in part, to reimburse the City a portion of its costs in
maintaining the City’s street system. This is because a waste hauler franchise
agreement provides the waste hauler with special access to City streets,
including the unique privilege to use the City’s street network to collect waste and
the privilege of placing collection bins within City rights of way. Also, the refuse
trucks used by waste haulers, such as Recology, are heavy vehicles, especially
when loaded with refuse. To reach each residence, the vehicles travel on local
roads as well as collectors and major streets. While some streets are designed
with heavier commercial vehicles in mind, most of the surface streets are not
designed and built to undertake repeated loads of that size. This leads to
significant contributions towards the deterioration of smaller streets. While there
is not currently a cost estimate that the City has prepared, the impacts are known
in the engineering community. The Franchise Fee is intended to offset this
impact by funding, at least in part, the impact of the vehicles on the roadway.
• Contract Management
The contractual management of the previous franchise agreement was
conducted with staff in addition to their normal duties, mainly due to the relative
simplicity of waste hauling services in 1997 when the franchise agreement was
enacted. However, since then the world of solid waste, environmental
protections, and other legislative requirements relating to the same have
increased complexity and require much more direct oversight of the function and
performance of the agreement. This increase has been occurring more rapidly as
time has passed, and based on current experience we can anticipate continued
9.1
Packet Pg. 154
new legislation over the next few years that will require increased direct
oversight, but to an unknown degree. The Administrativ e Fee is intended to pay
for the costs associated with managing the contract and solid waste concerns in
the community.
• New Requirements of SB1383 and costs of implementation
SB1383 is still in the process of being implemented over the next several years .
The full costs are not known yet. The State mandates are creating new programs
without known costs. These programs, including food waste recovery
management, organics recycling education, recycling enforcement and reporting
requirements are tasks above and beyond managing the franchise agreement.
Additional staff time will be needed to effectuate these new requirements on the
City’s behalf. Additional staff time, potentially up to a dedicated staff position for
solid waste and environmental services, will be needed. These are costs that are
not incorporated into the franchise agreement with a dedicated amount. There is
a provision in the agreement that implementation costs that are required to
deliver these mandated programs may be included as exceptional costs in each
year relating to the rate adjustments.
• Consulting Services and Outside Expertise
To help ensure compliance with State mandates, the City will need to engage
consultants with expertise in the field to assist in ensuring that our activities ar e
meeting compliance requirements, as well as to help address the new programs
that are being implemented. To help pay for this, there is a $110,000 payment
from Recology called a Regulatory and Consulting Fee in the franchise
agreement. The amount is enough to obtain needed consultant services to help
with regulatory and programmatic projects to keep the City in compliance, and
lessening the possibility of fines and penalties that taxpayers and ratepayers
might have the bear.
Franchise and Administration Fee Rates Unchanged
The Franchise Fee and Administration Fee rates are not changing in this new franchise
agreement. These fee rates, 4% for an Administration Fee and 5% for a Franchise Fee,
have not changed since 1997. The monthly charges for services ar e increasing by
approximately 13%, so the amount that the percentage would generate would increase
commensurate with the increase in the monthly rates because the rate paying base is
increasing.
New Fees and Potential Costs
There is a new fee, as discussed above, called the Regulatory and Consulting Fee of
$110,000 annually to be used to help the City remain compliant with State regulations.
Additionally, there is a cost category called the Implementation Fee which does not
have an expressed amount, but that can be used to generate revenue to ensure that the
implementation of the mandates are completed, and the costs would be considered
exceptional costs for rate adjustments. Finally, the City is mandated to procure an
9.1
Packet Pg. 155
amount each year of compost under SB 1383. The franchise agreement allows the City
to identify each year the required amount of compost, and Recology’s cost to provide
that compost will be incorporated into the exceptional costs for the annual rate
adjustment the following year.
Reasonable Relationship to the Value of the Franchise
Staff has compiled a comparison of current franchise agreements held by other cities
within our region, to demonstrate that the fees imposed for the franchise are reasonable
to the value as determined through oth er franchise agreement processes. Below is a
table that shows the amount of franchise fees compared to the City of Gilroy’s proposed
franchise fees.
Municipality Aggregate Revenue-
Based Fee Percentage
Aggregate Total Fixed or
Flat Fees
Gilroy (Existing) 9% (4% Admin Fee; 5%
Franchise Fee) N/A
Gilroy (Proposed) 9% (4% Admin Fee; 5%
Franchise Fee) $110,000 Annually
Belmont
26% (10% Franchise Fee;
3.5% AB 939 Payment;
2.5% Collection Vehicle
Payment; 2% Litter Control
Payment; 6% Street
Sweeping Payment; 1%
NPDES Litter Impact
Payment; 1% Rate
Stabilization Fund)
Monthly $0.63 per month
per Single Family
Dwelling and $0.28 per
Multi-Family Dwelling
Unit (Household
Hazardous Waste
Curbside Collection
Payment)
Cupertino 12% (10% Franchise Fee;
2% Franchise Surcharge) N/A
East Palo Alto
Franchise Fees
1. 2.5% of residential
customer’s billed
amount
2. 15.5% of
commercial
Customer’s Billed
amount)
$185,000 Annually (Litter
Abatement Fee)
Los Altos Hills
10% (Franchise Fee for
solid waste)
7.25% (Franchise Fee for
recycling)
N/A
Milpitas 14.17%
$425,000 one-time
payment for procurement
and negotiation of
9.1
Packet Pg. 156
Municipality Aggregate Revenue-
Based Fee Percentage
Aggregate Total Fixed or
Flat Fees
agreement
Redwood City
13.65% (Franchise Fee
13%; AB 939 Fee 0.4%;
Administrative Fee 0.25%)
N/A
San Mateo 4%
$2,192,698 (2017 rates for
Street Sweeping Fee of
$320,000; Landfill Closure
Fee $978,198; and AB 939
Fee of $894,500)
Santa Clara
3% to 18% (based on rate
of recovery of refuse
disposed of by specific
means in the agreement)
N/A
Urgency Ordinance
The urgency ordinance is required as a regular ordinance would not go into effect until
thirty days after adoption. With introduction, adoption, and 30 days before
implementation, the traditional ordinance would become effective on January 4, 2023,
which would require Recology to end its service after December 31, 2022 under the
interim agreement. Additionally, the business cycle timing of payments, including to the
City, for clean transition would require the effective date for the new long -term franchise
agreement to be December 1, 2022. The new franchise ag reement adopted by a
traditional ordinance would result in interrupting service for at least 2 -4 days, based on
the holiday service schedule. By adopting the agreement through an urgency ordinance
as well as the traditional ordinance in a parallel process, the ordinance goes into effect
immediately, allowing service to be uninterrupted and preserving public health and
safety through sanitation services.
To adopt an urgency ordinance, the Council must find that immediate implementation of
the ordinance is necessary to preserve the public peace, health, and safety. (See
Section 602 of the Charter.) The Council also must state its reasons for making the
required finding. Staff recommends that the finding can be made because:
a. The City is required to provide solid waste hauling services for the protection of
public health and safety for reasons set forth in the recitals to the proposed
franchise agreement, and to meet legal obligations placed upon it by the State of
California.
b. The provision of this service, as a utility, is to be provided by a franchise
agreement as indicated in the City Charter. The City Charter requires that the
agreements must be adopted by ordinance. The current interim franchise
agreement ends on December 31, 2022. Based on the timing of effectiveness for
the regular ordinance to be approved and made effective, the interim agreement
9.1
Packet Pg. 157
will end before the effectiveness of the traditional ordinance on or after January
4, 2023.
c. The provision of services without a current franchise agreement is made a
misdemeanor by the City Charter, which would prevent the City’s current solid
waste hauler from providing its service to meet the City’s obligations relating to
health, safety and general welfare of the public beyond December 31, 2022,
therefore creating a public health threat.
d. The City has an interim franchise agreement in place through December 31,
2022, and a new one has completed negotiations, but its adoption will not be
completed in time to be effective before the end of the interim agreem ent. This
urgency ordinance, which takes effect immediately, allows the continuation of
essential services until the same franchise agreement adopted through the
traditional ordinance process can be completed and become effective.
CEQA Exemption
Adopting this Ordinance is exempt from review under the California Environmental
Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15061(b)(3) (Common
Sense Exemption) in that the proposed ordinance will continue an existing state -
mandated program for the p rotection of public health and the environment, and none of
the circumstances in CEQA Guidelines Section 15300.2 apply.
ALTERNATIVES
Council may either adopt, reject, or modify the urgency ordinance and attached
franchise agreement. Rejection of the item is not recommended, as there would not be
sufficient time to find alternatives to provide the service consistent with the Charter.
Modification of the agreement is likewise not recommended, due to the need to take any
changes back to Recology to see if agreeable, which may interrupt service for an
unknown amount of time.
FISCAL IMPACT/FUNDING SOURCE
All funds received are placed in the City’s General Fund to pay for staffing, streets and
roads impacts, and other services and supplies related to refuse an d recycling. As more
robustly discussed above, there is no current method to fully encapsulate the net value
of costs and the value of negative impacts against the revenue and positive impacts in a
manner to produce a specific number. This franchise agreem ent includes the existing
9% of franchise and administration fees that has been in place for the past 25 years, as
well as small inclusions for consultant services in the amount of $110,000 annually.
There are mechanisms to increase the value depending upo n how implementation of
State mandates proceeds, and what the final cash costs amount to in meeting the legal
requirements.
9.1
Packet Pg. 158
Overall, funds received will increase consistent with the total increase in user fees, as
that is the basis of the franchise and a dministration fees. Staff expects an increase in
those fees by 13.12% above current amounts. In Fiscal Year 2022, the total franchise
fees received were approximately $697,100. The 13.12% increase will be a total of
$91,460. Combined with the $110,000 for consulting fees, the total increase would be
$201,460.
The cost value of the required compost purchase, as well as any additional staffing or
services that may become needed to provide this service and comply with the legal
mandates placed upon the City by the State of California are not currently known.
CONCLUSION
The City’s negotiations for a new franchise agreement has reached its completion and
are being presented for adoption via ordinance. The agreement continues the services
currently in place and includes services and requirements that are imposed by the State
on the City and passes the maximum amount of responsibility and service to the refuse
hauler. There is an increase in the rates charged by the hauler for customers, as
contained in the agreement. Given that the inflation for the Bay Area of California is at
6.0% for the 12-month period ending in October as reported by the U.S. Bureau of
Labor Statistics, the 13% increase for existing service and the expanded services and
duties under this agreement is reasonable.
Due to the termination date of the interim agreement, the need for the new franchise
agreement to be effective December 1, 2022, and the time that it would take for a
regular ordinance to become effective, an urgency ordinance is ne eded to allow the
franchise agreement to become effective in a timely manner to retain services, meeting
the state mandated public health service requirements placed upon the City. The
franchise agreement would continue until June 30, 2033.
NEXT STEPS
With approval of the urgency ordinance and franchise agreement, the City Clerk’s Office
will complete the required public noticing. The City Administrator or designee will
execute the agreement.
Concurrently, there is an item on this agenda to introduc e a regular ordinance adopting
the franchise agreement. Should Council introduce this ordinance, staff will place said
ordinance adopting the agreement onto the December 5, 2022 Council agenda for
adoption.
PUBLIC OUTREACH
This item was advertised in the Gilroy Dispatch on November 11, 2022 and has been
included on the publicly posted agenda for this Council Meeting.
9.1
Packet Pg. 159
Attachments:
1. Draft Urgency Ordinance
2. Proposed Franchise Agreement
9.1
Packet Pg. 160
ORDINANCE NO. 2022-XX
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GILROY ADOPTING A FRANCHISE AGREEMENT WITH RECOLOGY
SOUTH VALLEY FOR SOLID WASTE HAULING SERVICES AND A
FINDING THAT ITS ACTION IN ADOPTING THE ORDINANCE IS
EXEMPT FROM REVIEW UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (“CEQA”) PURSUANT TO CEQA
GUIDELINES SECTION 15061(B)(3) (COMMON SENSE EXEMPTION) IN
THAT THE PROPOSED ORDINANCE WILL CONTINUE AN EXISTING
STATE-MANDATED PROGRAM FOR THE PROTECTION OF PUBLIC
HEALTH AND THE ENVIRONMENT, AND NONE OF THE
CIRCUMSTANCES IN CEQA GUIDELINES SECTION 15300.2 APPLY
WHEREAS, the City of Gilroy (City) is a municipal corporation, duly organized under
the constitution and laws of the State of California; and
WHEREAS, pursuant to California Constitution Article XI, Section 7, and the City
Charter, Section 600, the City Council has the authority to enact ordinances which promote the
public health, safety and general welfare of its residents, including sanitation ordinances and
regulations; and
WHEREAS, the provision of sanitary solid waste hauling services is an essential
component to protecting public health, safety, and welfare, and is a state mandated service; and
WHEREAS, solid waste hauling services are contracted through an exclusive franchise
agreement, and enacted pursuant to Article XIII of the City Charter entitled “Franchises”; and
WHEREAS, Section 1302 of Article XIII of the City Charter places a term limitation on
franchise agreements at a maximum of 25 years; and
WHEREAS, the prior franchise agreement was adopted on September 2, 1997, which
established the 25-year limitation date to be up to and including September 2, 2022, necessitating
a new franchise agreement by that date; and
WHEREAS, the City has been in negotiations on a new franchise agreement with
Recology South Valley (Recology), but was not able to reach agreement in time for the new, long-
term agreement to become effective before the end of the 1997 franchise agreement; and
WHEREAS, a franchise agreement is required to continue providing solid waste hauling
services, a state mandate, generating an urgent need to place a franchise agreement for solid waste
hauling services into effect; and
WHEREAS, the City and Recology entered into a short-term interim franchise agreement,
which lasts until December 31, 2022, to sustain this essential component of protecting the public
health while the negotiations completed on the new, longer-term franchise agreement; and,
9.1.a
Packet Pg. 161 Attachment: Draft Urgency Ordinance (4046 : Franchise Agreement Urgency Ordinance)
Ordinance No. 2022-XX
Franchise Agreement w/ Recology (Urgency)
City Council Regular Meeting | November 21, 2022
Page 2 of 4
WHEREAS, due to the time consumed for negotiations and finalization of the franchise
agreement, the normal process for adopting an ordinance and having the effectiveness of the
ordinance be 30 days after adoption would cause a period of time without solid waste collection
services, thereby generating an urgent need to place a franchise agreement for solid waste hauling
services into effect; and
WHEREAS, failure to have a franchise agreement in effect for any period of time would
cause garbage to accumulate within the City of Gilroy, which would cause a visual nuisance and
noxious odors, and which could attract vermin and other pests, contribute to pollution, and
facilitate the spread of disease-causing pathogens; and
WHEREAS, the City and Recology South Valley have negotiated a new exclusive
franchise agreement, attached as Attachment “A” and incorporated herein by reference, which
continues solid waste collection and disposal services as well as implementing the organics and
recycling requirements as imposed by adopted State law; and
WHEREAS, adopting this Ordinance is exempt from review under the California
Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15061(b)(3)
(Common Sense Exemption) in that the proposed ordinance will continue an existing state-
mandated program for the protection of public health and the environment, and none of the
circumstances in CEQA Guidelines Section 15300.2 apply.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION I
The foregoing recitals are true and correct and are incorporated herein by this reference.
SECTION II
That the franchise agreement between the City and Recology South Valley, attached as Attachment
“A” is hereby adopted.
SECTION III
This urgency ordinance, pursuant to Gilroy City Charter, Article VI, Section 602, is hereby
declared by the City to be necessary as an urgent measure and shall take effect immediately and
be in full force and effect after its approval and adoption based on the following:
a. The City is required to provide solid waste hauling services for the protection of public
health and safety for reasons set forth in the recitals to the proposed franchise agreement,
and to meet legal obligations placed upon it by the State of California.
b. The provision of this service, as a utility, is to be provided by a franchise agreement as
indicated in the City Charter. The City Charter requires that the agreements must be
adopted by ordinance. The current interim franchise agreement ends on December 31,
2022. Based on the timing of effectiveness for the regular ordinance to be approved and
9.1.a
Packet Pg. 162 Attachment: Draft Urgency Ordinance (4046 : Franchise Agreement Urgency Ordinance)
Ordinance No. 2022-XX
Franchise Agreement w/ Recology (Urgency)
City Council Regular Meeting | November 21, 2022
Page 3 of 4
made effective, the interim agreement will end before the effectiveness of the traditional
ordinance on or after January 4, 2023.
c. The provision of services without a current franchise agreement is made a misdemeanor
by the City Charter, which would prevent the City’s current solid waste hauler from
providing its service to meet the City’s obligations relating to health, safety and general
welfare of the public beyond December 31, 2022, therefore creating a public health threat.
d. The City has an interim franchise agreement in place through December 31, 2022, and a
new one has completed negotiations, but its adoption will not be completed in time to be
effective before the end of the interim agreement. This urgency ordinance, which takes
effect immediately, allows the continuation of essential services until the same franchise
agreement adopted through the traditional ordinance process can be completed and become
effective.
SECTION IV
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be
invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of
this ordinance. The City Council of the City of Gilroy hereby declares that it would have passed
and adopted this ordinance, and each section, subsection, sentence, clause or phrase hereof,
irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases
may be declared invalid or unconstitutional.
SECTION V
This Urgency Ordinance is adopted pursuant to Gilroy City Charter, Section 602. The City Clerk
shall certify to the adoption of this Urgency Ordin ance and cause the same to be published in the
manner prescribed by law, and it shall become effective immediately upon its adoption.
9.1.a
Packet Pg. 163 Attachment: Draft Urgency Ordinance (4046 : Franchise Agreement Urgency Ordinance)
Ordinance No. 2022-XX
Franchise Agreement w/ Recology (Urgency)
City Council Regular Meeting | November 21, 2022
Page 4 of 4
PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF GILROY this 21st
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
9.1.a
Packet Pg. 164 Attachment: Draft Urgency Ordinance (4046 : Franchise Agreement Urgency Ordinance)
FRANCHISE AGREEMENT
between
THE CITY OF GILROY
and
RECOLOGY SOUTH VALLEY
December 1, 2022
9.1.b
Packet Pg. 165 Attachment: Proposed Franchise Agreement (4046 : Franchise Agreement Urgency Ordinance)
1
FRANCHISE AGREEMENT
THIS AGREEMENT (Agreement), dated December 1, 2022 is entered into by and between
the CITY OF GILROY, a Municipal Corporation (“CITY”) and RECOLOGY SOUTH VALLEY,
a California Corporation (“COMPANY”).
RECITALS
This Agreement is entered into on the basis of the following facts, understandings,
and intentions of the parties:
A. The Legislature of the State of California, by enactment of the California Integrated
Waste Management Act of 1989 (Public Resources Code Section 40000, et seq.;
hereinafter the “Act”) established a solid waste management process which requires
cities and other local jurisdictions to implement source reduction, reuse, and
recycling as integrated waste management practices; and
B. The State of California has found and declared that the amount of refuse generated
in California, coupled with diminishing Disposal capacity and potential adverse
environmental impacts from landfilling and the need to conserve natural resources,
have created an urgent need for State and local agencies to enact and implement
aggressive integrated waste management programs. The State has, through
enactment of AB 939 and subsequent related legislation including, but not limited
to: the Jobs and Recycling Act of 2011 (AB 341), the Event and Venue Recycling
Act of 2004 (AB 2176), SB 1016 (Chapter 343, Statutes of 2008 [Wiggins, SB
1016]), the Mandatory Commercial Organics Recycling Act of 2014 (AB 1826),
and the Short-Lived Climate Pollutants Bill of 2016 (SB 1383), directed the
responsible State agency, and all local agencies, to promote diversion and to
maximize the use of feasible waste reduction, reuse, recycling, and composting
options in order to reduce the amount of refuse, including Organic Waste, that must
be disposed; and
C. Pursuant to California Public Resources Code Section 40059(a)(2), the City has
determined that the public health, safety, and well-being require that an exclusive
right be awarded to a qualified contractor to provide for the collection of Recyclable
Materials, Organic Materials, Construction and Demolition Debris, and Solid
Waste; and
D. The City Council has enacted Chapter 12 of the Gilroy City Code, which establishes
standards for the Collection and removal of Solid Waste and Recyclables, the
Disposal of Solid Waste, the Recycling of Recyclables, and requirements for
Collection Agreements; and
9.1.b
Packet Pg. 166 Attachment: Proposed Franchise Agreement (4046 : Franchise Agreement Urgency Ordinance)
2
E. CITY and COMPANY have implemented a new, expanded system of waste
collection and management services to more efficiently provide for the collection
of such materials, and to facilitate achievement of City’s obligations pursuant to the
Act and to further expand collection and management services to facilitate
achievement of CITY'S obligations pursuant to SB 1383, SB 341, SB 1826 and AB
827; and
F. Pursuant to this Agreement, CITY desires to engage COMPANY as an independent
contractor to exclusively provide Solid Waste, Organic Materials and Recyclable
Materials Collection Services in the City. COMPANY shall furnish all personnel,
equipment, and supplies necessary to collect, or otherwise remove and dispose of
all Solid Waste, Organic Materials and Recyclable Materials, as defined herein,
generated or accumulated at all Residential and Commercial/Industrial Premises
within the City, on the terms and conditions specified herein and except as
otherwise specifically provided herein; and
G. COMPANY represents and warrants to CITY that it has the experience,
responsibility, and qualifications to implement the collection of Solid Waste,
Organic Materials and Recyclable Materials, and to arrange with residents and
other entities in the City for the collection, safe transport, Processing, and Disposal
of all materials in compliance with Applicable Law and the provisions of this
Agreement; and
H. CITY and COMPANY are mindful of the provisions of the laws governing the safe
collection, transport, Recycling, and Disposal of Solid Waste, including the Act,
RCRA, and CERCLA; and
I. COMPANY currently uses natural gas to fuel the collection vehicles that collect
waste throughout the City’s incorporated limits. When alternatives to natural gas
become commercially available, City and COMPANY mutually desire to explore,
in a mutually agreed manner, collection vehicle fueling alternatives such as
electricity, hydrogen, SB 1383 compliant biofuels, and hybrid propulsion in order
to further reduce air pollution, carbon emissions and noise and to enhance
community health as well as address SB 1383 procurement mandates; and
J. CITY and COMPANY recognize that CITY may have the need for temporary
services to be provided by COMPANY that arise and fluctuate over time and that
the provision of these services result in additional costs (EXCEPTIONAL COSTS);
and
K. City has negotiated an agreement for waste disposal capacity with Waste Solutions
Group of San Benito that is close to COMPANY’s transfer facilities and City
desires that COMPANY deliver waste to this facility in order to reduce air pollution
and greenhouse gas emissions associated with transportation of solid waste
collected in CITY; and
9.1.b
Packet Pg. 167 Attachment: Proposed Franchise Agreement (4046 : Franchise Agreement Urgency Ordinance)
3
L. CITY and COMPANY desire to leave no doubts as to their respective roles and to
make it clear that by entering into this Agreement, CITY is not thereby becoming
a “generator” or “arranger” as those terms are used in the context of CERCLA
Section 107 (a) (3), and that COMPANY will not make any claims that CITY is
“arranging for” the Collection of Solid Waste, Construction and Demolition Debris,
Organic Materials and Recyclable Materials from Residential and
Commercial/Industrial Premises in the City, and transporting of same for Disposal,
Recycling of Recyclables, and Processing of Organic Materials; and
M. As a material inducement to CITY entering into this Agreement, COMPANY has
agreed to fully indemnify CITY in the manner set forth in Section 13 hereof against
all claims, losses, lawsuits or actions relating to any Hazardous Waste at any place
where COMPANY transfers, stores, processes, or disposes of Solid Waste, Organic
Materials or Recyclables pursuant to this Agreement, or its activities pursuant to
this Agreement that result in a release of hazardous substances into the
environment; and
N As a further material inducement to CITY entering into this Agreement,
COMPANY has agreed to fully indemnify CITY against all claims, losses, lawsuits
or actions relating to any Hazardous Waste at Pacheco Pass Landfill relating to
Solid Waste Collected by COMPANY from within the City and disposed of before
or after the date of this Agreement; and
NOW, THEREFORE, in consideration of the mutual covenants and conditions herein contained,
the parties agree to as follows:
Definitions
Whenever any term used in this Agreement has been defined by Section 12.1 of Chapter 12
of the Gilroy City Code, the definitions in Section 12.1 shall apply unless the term is otherwise
defined in this Agreement. Whenever any term used in this Agreement has been defined by
Division 30, Part 1, Chapter 2 of the California Public Resources Code, the definitions in Division
30, Part 1, Chapter 2, shall apply, unless the term is otherwise defined in this Agreement or in
Chapter 12 of the City Code. Whenever any term used in this Agreement has been defined by
Title 14, Division 7, Chapter 12, Article 1 of the California Code of Regulations, the definition in
Title 14, Division 7, Chapter 12, Article 1 of the California Code of Regulations shall apply unless
the term is otherwise defined in this agreement, Chapter 12 of the City Code or Division 30, Part
1, Chapter 2 of the California Public Resources Code. In addition, the following definitions are
hereby incorporated into this Agreement:
1 “Act” means the California Integrated Waste Management Act of 1989.
2 “Applicable Law” means all laws, ordinances, regulations, rules, orders,
judgments, decrees, permits, approvals, or other requirement of any governmental body that are in
force on the Date of this Agreement and as they may be enacted, issued or amended during the
9.1.b
Packet Pg. 168 Attachment: Proposed Franchise Agreement (4046 : Franchise Agreement Urgency Ordinance)
4
Term.
3 “CERCLA” means the Comprehensive Environmental Responsibility
Compensation and Liability Act, 42 U.S.C.A. Section 9601 et seq., as amended or superseded, and
the regulations promulgated thereunder.
4 “Change in Law” means any of the following events or conditions, which has a
material and adverse effect on the performance by the parties of their respective obligations under
this Agreement (except for payment obligations):
(a) the enactment, adoption, promulgation, issuance, modification, or written change
in administrative or judicial interpretation of any Applicable Law on or after the date of this
Agreement; or
(b) the order or judgment of any governmental body, on or after the date of this
Agreement, to the extent such order or judgment is not the result of willful or negligent action,
error or omission or lack of reasonable diligence of CITY or of COMPANY, whichever is asserting
the occurrence of a Change in Law; provided, however, that the contesting in good faith or the
failure in good faith to contest any such order or judgment shall not constitute or be construed as
such a willful or negligent action, error or omission or lack of reasonable diligence.
5 “City Code” means the Code of the City of Gilroy, California, as it presently exists
or may subsequently be amended.
6 “City Facilities” means: City Hall Annex, Las Animas Fire Station, Sunrise Fire
Station, Gilroy Sports Park, City Hall, Gilroy Golf Course, Police Department, Senior Center,
Gilroy Museum, Chestnut Fire Dept., Corporation Yard, City parks, city garbage cans, if any, on
city streets, and any other facility or real property used primarily by the CITY that may be
constructed by, acquired by or leased to CITY during the Term.
7 “CalRecycle” means the California Department of Resources Recycling and
Recovery.
8 “Collection Services” means all of the duties and obligations of COMPANY
hereunder.
9 “Compost” shall have the meaning set forth in Public Resources Code Section
40116, as it now exists or may subsequently be amended.
10 “Consumer Price Index” or “CPI” means the Consumer Price Index (CPI) All
Urban Consumers for the San Francisco - Oakland - San Jose Metropolitan Area, base period 1982-
84=100.
11 “Construction and Demolition Debris” means discarded materials removed from
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construction, remodeling, repair, demolition, or renovation operations on any pavement, house,
commercial building, or other structure, or from landscaping. Such materials include, but are not
limited to, dirt, sand, rock, gravel, bricks, plaster, gypsum wallboard, aluminum, glass, asphalt
material, plastics, roofing material, cardboard, carpeting, cinder blocks, concrete, copper, electrical
wire, fiberglass, Formica, granite, iron, lead, linoleum, marble, plaster, plant debris, pressboard,
porcelain, steel, stucco, tile, vinyl, wood, masonry, rocks, trees, remnants of new materials,
including paper, plastic, carpet scraps, wood scraps, scrap metal, building materials, packaging
and rubble resulting from construction, remodeling, renovation, repair and demolition operations
on pavements, houses, commercial buildings and other structures.
12 “Control” means, for purposes of this Agreement, the possession, direct or indirect,
of the power to direct or cause the direction of the management and policies of a corporation,
partnership, joint venture, or other association.
13 “Diversion” means diversion as defined in Public Resources Code §40124.
14 “Diversion Rate” means the percent of Solid Waste diverted from Disposal.
15 “Environmental Statutes” means, for the purposes of this Agreement, 42 U.S.C.
Sections 6901, et seq. and Sections 9600, et seq., and California Health and Safety Code Sections
25300, et seq., or successor statutes.
16 “Final Regulations” means the regulations under SB 1383 issued in November 2020.
17 “Food Scraps” means the following materials, that have been source-separated
from other Solid Waste Matter : (i) all kitchen and table food waste; (ii) animal or vegetable
waste that is generated during or results from the storage, preparation, cooking or handling of
food stuffs; (iii) discarded paper (including paper containers and cartons) that is not coated, lined
or waxed, and that is contaminated with Food Scraps; (iv) fruit waste, grain waste, dairy waste,
meat waste, and fish waste; and (v) vegetable trimmings and houseplant trimmings. Food Scraps
excludes manure, pet wastes, dead animals, and rotten material. Food Scraps are a subset of
Organic Materials.
18 “Gross Rate Revenues” means all Rate revenues collected by COMPANY for
providing Collection Services.
19 "Hazardous Waste" means all substances defined as Hazardous Waste, acutely
Hazardous Waste, or extremely Hazardous Waste by the State of California in Health and
Safety Code §25110.02, §25115, and §25117 or in the future amendments to or
recodifications of such statutes or identified and listed as Hazardous Waste by the U.S.
Environmental Protection Agency (EPA), pursuant to the Federal Resource Conservation
and Recovery Act (42 USC §6901 et seq.), all future amendments thereto, and all rules and
regulations promulgated thereunder.
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20 “Organic Material(s)” means Food Scraps and/or Yard Trimmings, either
commingled or separate, that have been source-separated from other Solid Waste Matter.
21 “Owner” means the person holding the legal title or having a right to possession to
the real property to which Collection Services are provided.
22 “Rates” means the service charges and Special Charges for Collection Services
charged to each Subscriber receiving service under this Agreement.
23 “Reasonable Increased Costs” and EXCEPTIONAL COSTS shall include a profit
margin to COMPANY calculated based on an operating margin of 90% on all costs except:
governmental or regulatory fees, franchise fees, the cost of a performance audit under section 2(B),
the cost of compost provided under 6(J), or temporary services provided by COMPANY to CITY
and charged at the rates in Exhibit A.
24 “Recyclable Material(s)” or “Recyclables” means the following materials, that have
been source-separated from other Solid Waste Matter: (a) newspaper; (b) aluminum and ferrous
cans; (c) glass jars and bottles; (d) certain plastic containers and certain packing materials; (e)
certain scrap metals; (f) mixed paper including mail, magazines, catalogs, paperboard boxes,
envelopes, advertisements, books without hardbound covers, and phone books; (g) corrugated
cardboard; and (h) such other material that Company and City mutually agree may be accepted or
removed from the foregoing for curbside recycling under this Agreement.
25 “Related Party” means any other Person under the same ownership and/or Control
as Recology South Valley.
26 “Residue” means materials that remain after Processing Recyclable Materials and
Organic Materials, which cannot be recycled, marketed, or otherwise utilized, including but not
limited to materials such as rocks, contaminated paper, putrescible waste, and other debris.
27 “Schedule of Rates” means a listing of all charges per unit of measure established
at amounts contained in Exhibit A and modified pursuant to the terms and conditions in Section 9
or Exhibit A2.
28 “Solid Waste” or “Refuse” means solid waste as defined in California Public
Resources Code, Division 30, Part 1, Chapter 2, Section 40191 and regulations promulgated
thereunder, but excluding Recyclable Material, Organic Material, Construction and Demolition
Debris, ashes, industrial wastes, abandoned vehicles and parts thereof, discarded home and
industrial appliances, sewage sludge, biosolids, and manure. Notwithstanding any provision to
the contrary, Solid Waste may include de minimis volumes or concentrations of waste of a type
and amount normally found in Residential Solid Waste after implementation of programs for the
safe collection, Recycling, treatment, and Disposal of Household Hazardous Waste in
compliance with Section 41500 and 41802 of the California Public Resources Code as may be
amended from time to time.
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29 “Special Charges” means extra charges for certain special services for Residential
and Commercial/Industrial Subscribers that are contained on the Schedule of Rates, and that may
be billed by COMPANY.
30 “State” means the State of California.
31 “Street Sweeping Fines” means material collected as a result of street sweeping
operations.
32 “Subscriber” or “Customer” means an individual or entity that subscribes to
Collection Services provided by COMPANY pursuant to this Agreement.
34 “Term” means the term of this Agreement, as set forth in Section 2.
35 “Yard Trimmings” means the following materials, that have been source-separated
from other Solid Waste Matter: green trimmings, grass, weeds, leaves, prunings, branches, dead
plants, brush, tree trimmings, dead trees, Christmas trees, small pieces of unpainted and untreated
wood, and other types of plant materials resulting from normal yard and landscaping maintenance,
provided that all such materials are less than six inches (6”) in diameter and three feet (3’) in
length. Notwithstanding the foregoing, Yard Trimmings do not include palm fronds, oleander,
poison ivy or poison oak. Yard Trimmings are a subset of Organic Materials.
36 “Tipping Fee” means the fee charged by a Disposal or Processing facility to dispose
or process one (1) Ton of municipal Solid Waste, not including any charges for Special Wastes,
Bulky Waste, or Special Items.
37 “Ton” means a “short ton” of 2,000 pounds.
Section 1. Franchise Grant
CITY grants to COMPANY, and COMPANY hereby accepts from CITY the exclusive
right, franchise and privilege to collect and dispose of all Solid Waste Matter produced, kept or
accumulated in the City of Gilroy, together with the right and privilege to use and operate upon
the CITY maintained streets and other rights-of-way to the extent necessary to perform
COMPANY’s obligations under this Franchise Agreement.
The right and privilege herein granted shall be subject to compliance with the provisions
of CITY’s ordinances pertaining to the accumulation, collection and removal of Solid Waste
Matter as they presently exist or as they may be amended during the term hereof, or any extension
thereof, and any applicable State and Federal statutory or administrative laws and rules. For the
purposes of this Agreement “Solid Waste Matter” is defined to mean Solid Waste, Recyclable
Material, Organic Material, and Construction and Demolition Debris. COMPANY’s exclusive
rights shall be subject to the following exceptions:
(A) Nonresidential recyclable materials source separated from other wastes by the
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waste generator that can be at least 95% recycled and for which the COMPANY cannot collect
and recycle at a complete cost to the customer equal to or less than the complete cost to the
customer charged by other vendors. “Complete cost” means all fees charged by a vendor to a
nonresidential generator for recycling, hauling, or other services.
(B) Any materials for which there is no charge for the hauling, handling, or disposal or
any other fee designed to compensate the vendor removing the materials.
This Agreement shall become effective on the date set forth in the introductory paragraph.
Company accepts the terms of this Agreement as defining the scope of its exclusive rights to collect
and dispose of Solid Waste Matter produced, kept or accumulated in the City of Gilroy, and this
Agreement supersedes all prior franchise rights and prior agreements, including but not limited to
the Original Agreement. Company waives any right or claim to provide solid waste and
recyclables collection services in the City under any prior grant of franchise, contract, license or
permit, including but not limited to the Original Agreement, and any right under Section 49520, et
seq. of the Public Resources Code. THIS PROVISION SHALL SURVIVE THE EXPIRATION
OR TERMINATION OF THIS AGREEMENT.
Section 2. Franchise Term and Renewal
(A) The term of the Agreement shall be for a period of ten (10) years and seven (7)
months, commencing at 12:01 a.m. on the 1st day of December, 2022, and ending at 11:59 p.m. on
the 30th day of June 2033, except if earlier terminated as herein otherwise specified. During
calendar year 2031, the parties shall meet and confer on the possible extension of the Term.
(B) City has the right, at any time during the term of this agreement, to conduct an audit
of the performance of COMPANY (herein called the “Performance Audit”), which shall be
conducted as set forth in subsection (C) of this Section 2.
(i) If after the City Council of CITY has reviewed a particular Performance Audit and
has considered any evidence presented by COMPANY in connection therewith, the
council determines to its satisfaction that all covenants, provisions, terms and
conditions of this Agreement on the part COMPANY to be performed, kept and
observed, have not been fully and faithfully performed, kept and observed, then
City may provide a notice of default as provided in Section 22(B), setting forth the
specific instances of non-performance of this Agreement that City wishes company
to correct. If Company fails to correct such instances of non-performance within
the time frames required by Section 22(B), then this Agreement may be terminated
by CITY at its option and without prejudice to any other remedy to which it may
entitled to either at law, in equity, or under this Agreement by giving written notice
of termination either by mail or personal service, to COMPANY not less than thirty
(30) days prior to the date upon which the termination is to become effective. This
right of termination shall be in addition to the right of CITY to terminate this
Agreement under the provisions of Section 22 hereof.
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(ii) In connection with the review of a particular Performance Audit, CITY reserves the
right to propose any amendment or amendments of this Agreement which the City
Council of CITY determines to be necessary by reason of the findings or results of
the Performance Audit to carry out the intent of the terms and conditions of this
Agreement.
(iii) In conjunction with any Performance Audit, CITY reserves the right to require
changes to COMPANY’S operations that CITY determines to be necessary or
appropriate by reason of the findings or results of the Performance Audit to carry
out the intent of the terms and conditions of this Agreement. If the changes to the
COMPANY’S operations entail additional costs or require additional services to be
provided, COMPANY and CITY shall mutually agree on the compensation to be
provided to COMPANY in advance of COMPANY’s implementation of such
change.
(C) The performance audit shall:
(i) be performed by a qualified firm to be selected by CITY.
(ii) be totally paid for by COMPANY and included as EXCEPTIONAL COSTS
that are recovered in the next annual rate adjustment, and
(iii) address all appropriate areas including, but not limited to the following
areas, and shall provide specific recommendations for improvement in each
area, namely:
(a) Overall organizational structure and management systems and
procedures.
(b) Efficiency of collection operations, including any analysis of routes,
schedules and the impact of franchise requirements.
(c) Compliance by COMPANY with provisions of this Agreement and
the provisions of the SB 1383 regulations that apply directly to COMPANY
by operation of law or are included in Exhibit C of this Agreement.
(d) Staffing and management practices, including the deployment of
management and supervisory personnel.
(e) Financial management practices, including COMPANY’s billing
and collection system and its policies with regard to uncollected accounts.
(f) Procedures for receiving and resolving customer complaints and
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concerns, including damage to customer-owner containers and
disappearance of container covers.
(g) Procedures for the acquisition, maintenance and replacement of
equipment; types of equipment; rationale for recent capital investments; and
financing options.
(h) Utilization and management of facilities.
Section 3. City Fees
CITY and COMPANY acknowledge that an exclusive franchise is a special agreement that
has been negotiated between CITY and COMPANY. The exclusive franchise that has been granted
through this Agreement is intended to allow COMPANY to use CITY property to provide
collection services. The amount of the fees paid by COMPANY to CITY as set forth in this
Agreement, in the aggregate, does not exceed CITY’s reasonable costs in conferring the benefits
or granting the privileges conferred or granted by this Agreement to COMPANY, including,
without limitation, access to CITY streets to operate heavy equipment, to collect refuse, and to
place or to allow to be placed COMPANY’s collection containers within public rights of way; and
the exclusive right to collect refuse within CITY’s jurisdiction for profit. Such costs to CITY are
impossible or impracticable to calculate, but include, without limitation, staff time and the costs
of legal counsel and other outside consultants to negotiate and to administer this Agreement, in
addition to the City’s costs to maintain its streets and sidewalks, which COMPANY uses in the
performance of services hereunder, it being agreed and understood that COMPANY’s vehicles
used in performing those services are heavier than average vehicle weights such that they may
cause greater wear and tear on CITY streets than typical vehicles.
In consideration of the exclusive franchise granted to COMPANY by this Agreement,
CITY shall be paid and retain an administrative fee of four percent (4%) (which does not exceed
CITY’s costs of providing services related to this Agreement) and a franchise fee of five percent
(5%) (which was negotiated in good faith and at arms-length, does not exceed the fair market value
of CITY property used by COMPANY pursuant to this Agreement, and is consistent with the
franchise fees paid by franchise waste haulers in other, similar jurisdictions in California) of all
revenues received by the COMPANY from customers for services provided by the COMPANY in
the CITY hereunder. These revenues shall include, but shall not be limited to, fees received from
customers for all regularly scheduled services, fees for “on-call” services, and all other revenues
received by the COMPANY resulting from the COMPANY’s provision of services within the
CITY, but excluding revenues received from recyclable commodities or compost.
Monthly city fee payments must be computed and paid by COMPANY to CITY's Finance
Department on or before the tenth (10th) day of each month following the month the revenues were
received. For example, city fees for revenues received in October will be payable on or before
November 10.
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If any franchise fee payment, or recomputed amount, is not made on or before the due dates
specified above, COMPANY must pay as additional compensation, an interest charge, computed
from the applicable due date, at an annual rate equal to the prevailing commercial prime interest
rate in effect on the due date, plus one percent (1%).
In addition to any late payment made in accordance with the above paragraph, if a payment
is overdue by sixty (60) days or more, COMPANY will pay to CITY a sum of money equal to five
percent (5%) of the amount due in order to defray additional costs and expenses incurred by CITY
as a consequence of that delinquent payment.
No acceptance of any payment by CITY may be construed as an accord that the amount is
in fact the correct amount, nor may acceptance of payment be construed as a release of any claim
CITY may have against COMPANY for any additional sums payable under the provisions of this
Agreement.
All amounts paid are subject to independent audit and recomputation by CITY. If, after
audit, such recomputation indicates a franchise fee underpayment, COMPANY shall pay to CITY
the amount of the underpayment within twenty (20) days of receipt of written notice from CITY
that such is the case. If, after audit, any recomputation indicates a franchise fee underpayment of
more than three percent (3%), COMPANY must also reimburse CITY, within twenty (20) days of
written notification, for all reasonable costs and expenses incurred in connection with that audit
and recomputation.
Section 4. Regulatory and Consulting Fee
In consideration for the City’s cost of administering the franchise granted under this
Agreement including assuring COMPANY’s adherence to the performance standards and other
ratepayer protections provided in the Agreement, as well as compliance with new regulatory
requirements imposed by the State of California and the need for specialized expertise to ensure
compliance, COMPANY shall submit to CITY eleven (11) times each year, on the tenth (10th) day
following the last day of each month, except for the June payment that would otherwise be due in
the month of July, a Regulatory and Consulting fee of ten thousand dollars ($10,000).
Section 5. Customer Billing Practices
COMPANY shall bill all customers on a monthly, bimonthly, or quarterly basis. Customer
bills shall be on a format approved by the CITY and must be clear, concise, and understandable.
Bills also must clearly delineate all activity during the billing period, including optional charges,
rebates, and credits. All bills shall only contain charges and rates that have been approved by the
CITY for services performed under this contract.
COMPANY’s bills to customers shall be due 60 days after the billing date. COMPANY
may charge customers who have not paid their bill on time a late fee equal to one and one-half
percent (1.5%) per month of the bill amount.
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The first billing to a customer after the start of service or a change of service shall be
prorated based upon when the new or changed service commenced. Customers shall not be charged
a late fee or otherwise penalized for any failure by COMPANY, including the failure to timely or
correctly bill the customer.
In case of a billing dispute, COMPANY shall respond in writing to a written complaint
from a customer within thirty (30) days.
COMPANY shall provide credits or refunds to customers who have been missed upon
request provided that: (A) the customer notifies COMPANY by the end of the next business day;
and (B) COMPANY is unable to provide collection within two (2) days after notification. For
each event that service has been missed, the credit shall equal a pro-rata share of the billing for
one full week. All credits for service must be issued no later than the customer's next billing cycle
following the determination that a credit is warranted. Credit determinations by COMPANY shall
be completed within thirty (30) days. For customers terminating service, refunds shall be issued
promptly, but no later than thirty (30) days after the customer’s last day of service.
COMPANY shall enter into good faith negotiations with the owners or managers of mobile
home parks and other commonly-billed developments to develop an equitable billing and
monitoring system.
Unless otherwise expressly provided in this Agreement, all services provided by
COMPANY hereunder shall be provided to customers that sign up for service with COMPANY
and at rates not exceeding the rates provided for in this Agreement.
Section 6. Franchise Services
(A) COMPANY shall furnish the personnel, labor and equipment required for the
billing, payment acceptance, collection, removal, handling, transfer, processing, marketing and
disposal of all Solid Waste Matter generated within the corporate limits of the City of Gilroy, and
to sweep all public streets and parking lots of City Facilities (as designated in Exhibit G) as set
forth in Exhibit F, all in accordance with the terms and conditions set forth in this Agreement.
COMPANY shall also provide equipment, vehicles, personnel and supervision for the curbside
collection of Recyclable Material and Organic Material to all single-family units and multi-family
units receiving residential Refuse collection and disposal service from COMPANY in Gilroy and
for the collection of Recyclable Material and Organic Material from business establishments
receiving Refuse collection and disposal service from COMPANY in Gilroy, all in accordance
with the terms and conditions set forth in this Agreement. All containers provided by COMPANY
shall conform to the provisions of Exhibit C. COMPANY shall collect all Recyclable Material and
Organic Material placed in appropriate containers and properly set out by the generator.
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(i) Organic Material shall be placed by the customer in a COMPANY-provided
container or customer provided thirty-two-gallon (32-gallon) container or tied in bundles
no greater than three (3) feet in length and two (2) feet in diameter. For residential
customers with cart service, up to seven (7) additional thirty-two gallon (32-gallon)
containers or bundles may be set out for collection by COMPANY.
(ii) Upon request from a resident, COMPANY may send a representative to a home to
verify that excess Yard Trimmings generated have been generated from that resident’s
home. COMPANY will provide the resident a voucher(s) sufficient to dispose of Yard
Trimmings at the San Martin Transfer Station or a different facility owned by COMPANY
without a charge. Upon delivery to the San Martin Transfer Station or different facility
owned by COMPANY, resident must provide said voucher and proof of residency where
voucher was issued.
(iii) The COMPANY shall not be required to collect, and may leave on the curbside,
any container or bundle which is contaminated by or mixed with Hazardous Waste,
substantially contaminated by or mixed with non-Recyclable Material or non-Organic
Material (for Recyclable Material and Organic Material containers, respectively), or any
material that is in such a quantity as to indicate that it was not generated by the average
reasonable use of the property. COMPANY shall leave notice with the load explaining why
it was not collected.
(iv) Upon request, the COMPANY shall enter into good faith negotiations with the
owners or managers of mobile home parks and other commonly-billed developments to
institute recycling and organics collection systems that addresses the special needs of these
properties. This provision is not intended, however, to require the COMPANY to use
specialized equipment or containers at these properties, absent agreement with the mobile
home parks or other commonly-billed developments to do so.
(v) COMPANY shall collect household batteries that are contained in zipper plastic
bags provided by the customer and placed on top of the container designated for Recyclable
Material, and used motor oil and filters that are placed in a COMPANY provided, sealed,
oil container or COMPANY provided oil filter bag.
(B) COMPANY also agrees, as a part of the consideration for the awarding to it of the
right, franchise and privilege for collecting Solid Waste Matter in the City of Gilroy, to collect for
CITY, without any charge, Solid Waste Matter from all City Facilities, at the locations and service
levels specified in Exhibit G. Upon written notice to COMPANY, CITY may modify the City
Facilities receiving service and the service levels for any City Facility from among the available
service options set forth on the rate sheet. Notwithstanding the foregoing, COMPANY shall be
entitled to compensation for collection services at CITY operated premises that significantly
exceed those provided as of the date of this Agreement as EXCEPTIONAL COSTS in the event
that such additional CITY services result in COMPANY creating an additional route or adding
personnel to service such locations. Compensation for such additional services shall be in an
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amount equal to the number of additional services provided at the then established rate for the
specific additional services.
Upon written direction from CITY, COMPANY will also collect Refuse generated at City-
identified homeless encampments or other sites with extraordinary litter or refuse collection needs
and provide any carts, bins, and debris boxes necessary for that purpose. The material must be
loaded into the COMPANY-provided containers either by CITY personnel or other CITY
contractors or discarded into the COMPANY-provided containers by residents of the homeless
encampments themselves. COMPANY may recover its then-applicable franchised rates for
performing these services as EXCEPTIONAL COSTS under Section 9 in its rates for the year
following provision of the services.
Upon written direction from CITY, COMPANY will provide labor, vehicles and supplies
to service complaints of illegal dumping of bulky items on public properties and dispose of the
dumped items and materials. COMPANY shall only be required to collect material that is on the
public right of way or on CITY property in a location easily accessible by Company’s personnel
and vehicles; that fits into COMPANY’s vehicle; that can be readily loaded without sweeping or
gathering; and that can be safely loaded into the vehicle by two (2) people without being carried
more than twenty-five feet (25’). Notwithstanding the foregoing or anything else in this
Agreement, COMPANY shall not be required to collect any material that, in COMPANY’s
reasonable opinion, may pose a danger to employees of COMPANY or that appears to be personal
property and not abandoned waste.
All Recyclable Material and Organic Material collected from CITY premises will be sent
for processing for diversion from landfill disposal if it is reasonably source separated from other
Solid Waste Matter.
CITY staff and contractors serving CITY Facilities may haul and deposit Solid Waste,
Construction and Demolition Debris, Recyclable Materials, Yard Trimmings and other Organic
Materials generated in the course of routine CITY business (this would not include demolition of
buildings or large construction projects) directly to any Transfer Station owned by COMPANY or
another corporation affiliated with COMPANY without any charge for as long as the Transfer
Station is owned by COMPANY, its current parent corporation, or its successor or assignee.
COMPANY also agrees to provide weekly parking lot sweeping services at all CITY premises,
buildings, city-owned parking lots, and installations.
(C) Collection of Solid Waste, Recyclable Material and Organic Material shall be at the
curbside of the customer’s property unless arrangements are made with COMPANY by the
customer for on-premises, side yard or backyard pickup and payment of the additional rate for side
yard or backyard pickups. COMPANY will collect and process Organic Materials in conformance
with the Organic Materials provisions described in detail in Exhibit C to this Agreement.
(D) COMPANY may provide additional services upon request of CITY subject to the
establishment of a rate therefor. Provided, however, if COMPANY elects not to provide a proposed
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new service and so notifies CITY in writing, CITY retains the right to perform the proposed new
service itself or to contract with another business entity to provide it, provided that the proposed
new service does not conflict with the exclusive rights granted to COMPANY by this Agreement.
(E) For residential premises, COMPANY shall establish an “On-Call Bulky Item
Collection Program” to collect bulky items and other difficult to collect items. COMPANY shall
provide up to the Specified Amount of on-call bulky item collections to each premises per calendar
year, at the request of the customer (i.e., the building owner or manager, not a tenant), and at no
additional charge to the customer. For residential premises with cart service, the Specified Amount
shall equal two (2) collections per calendar year. For residential premises with bin service, the
Specified Amount shall equal one-half of the number of units in the premises, rounded up (e.g.,
10 collections/year for a 19-unit building). By mutual consent with any residential customer with
bin service, COMPANY may replace some or all of the Specified Amount of on-call bulky item
collections for such customer with equivalent volume debris box service for the collection of bulky
items.
To be eligible for collection, bulky items must be set out by the customer within three feet
of the public roadway, or any other location agreed by COMPANY and the customer that can be
safely and efficiently accessed by COMPANY’S collection crew and vehicle. In addition, the
customer must notify COMPANY, at the time the customer requests the service, what the bulky
items will be. Bulky item collection shall be scheduled at a time mutually agreed by COMPANY
and the customer during COMPANY’S normal collection hours.
For each bulky item collection, a customer may set out either:
(a) Up to two cubic yards of solid waste, properly bagged or bundled, or containerized
in customer-provided disposable containers.
(b) Up to two pieces of furniture or appliances (emptied of any contents, if applicable).
A mattress/box spring set is eligible for collection as equivalent to one piece of furniture.
COMPANY shall not be required to collect: any individual item that weighs more than two
hundred (200) pounds or is more than six feet (6’) in length; Construction and Demolition Debris;
Hazardous Waste other than electronic waste; motor vehicles or parts; tires; liquids or sludge; dirt,
rock, concrete or asphalt; or stumps or large limbs.
COMPANY shall provide information and CITY-approved guidelines on the program to
the residential customers, including owners and/or property managers at housing complexes, at
least annually. COMPANY shall provide draft guidelines to CITY and solicit CITY approval
thirty (30) days prior to planned finalization of guidelines.
Unused bulky item collections shall not roll over to subsequent years. If a customer
requests a bulky item collection in excess of the numbers specified above, COMPANY shall
provide the service at the normal bulky item collection rate approved by CITY after notifying the
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customer of the charge.
(F) COMPANY shall provide regular, scheduled collection service for Residential
collection of Recyclable Material on a weekly basis on the same day as regular Refuse collection
service. Collection from businesses shall be performed on a weekly schedule as arranged by the
COMPANY with the participating businesses.
(G) COMPANY shall not alter or adjust collection schedules without providing prior
notice of at least (14) days to all service addresses, and any schedule modification shall not result
in reduced service frequency to any customer. COMPANY shall collect and remove from any and
all premises, within twenty-four (24) hours after demand, notice or request, any and all Solid Waste
Matter that COMPANY shall have failed to collect and remove as required at the regular schedule
time.
(H) CITY and COMPANY shall mutually agree upon the routes, days and hours for the
collection of Solid Waste Matter. Unless so agreed, routes serving residential areas shall not reach
the first customer earlier than 6:00 a.m. and must end no later than 7:00 p.m., and collections need
only be made Monday-Friday, excluding holidays.
(I) Twice annually, on dates to be mutually agreed upon between CITY and
COMPANY, COMPANY shall accept, without a charge, mattresses from CITY residents for
disposal at the COMPANY’s facility located at 1351 Pacheco Pass, Gilroy, or a different facility
owned or operated by COMPANY.
(J) CITY desires to purchase compost on behalf of compost customers of COMPANY
up to a certain number of tons per calendar year to be determined by CITY on an annual basis. No
later than December 1 of each calendar year of the Agreement, CITY shall notify COMPANY in
writing of the number of tons of compost that the CITY will commit to purchase on behalf of
COMPANY’s compost customers during the upcoming calendar year (the “Annual Compost
Commitment”). CITY and COMPANY shall mutually agree on a form of documentation that may
be used by eligible customers to request CITY to pay COMPANY for compost tendered to such
customer. The form will be published on the CITY website and, provided that CITY has not
already met its Annual Compost Commitment, be made available by COMPANY to compost
customers desiring to purchase at least forty (40) cubic yards or twenty (20) tons of compost and
COMPANY shall inform such customers about the opportunity to have their compost paid for by
CITY upon such customers submission and acceptance of the paperwork required by CITY. CITY
shall supply COMPANY with documentation authorizing its purchase of compost hereunder prior
to COMPANY’s tender of compost that is to be paid for by CITY. The compost customer shall be
required to pay all transportation and any other costs associated with their purchases. CITY agrees
that the price per ton of compost that CITY will pay for compost purchased under this section will
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be COMPANY’s then applicable market rate at the time of the sale and such price will be noted
on the documentation approved by CITY that authorizes each sale.
At the end of each calendar year, COMPANY shall calculate the total price of all compost
purchased by CITY under this section as set forth on the documentation approved by CITY
throughout the year and include that amount as an EXCEPTIONAL COST in its rate application
for the year following the sale of the compost. Notwithstanding the foregoing, in the event that
COMPANY is unable to recover any amounts owed to COMPANY under this section through a
corresponding adjustment to the maximum service rates for any reason, CITY shall pay
COMPANY directly for such costs in quarterly installments over a twelve month period beginning
on the date that a claim is made by any person, entity, agency, or party that would, if successful,
prevent COMPANY from recovering payment for compost sold under this section or if
COMPANY is restricted or prevented in any manner from including such costs in its
EXCEPTIONAL COSTS or recovering amounts owed through the rates.
Notwithstanding anything else in this Agreement, CITY shall indemnify COMPANY
against any and all losses, liabilities, fines, penalties, claims, damages, liabilities or judgments,
including attorney’s fees, arising out of or relating to CITY’s or COMPANY’s alleged or actual
failure to comply with Article XIlIC or XIIID of the California Constitution or SB 1383 with
respect to the CITY’s or COMPANY’s performance under this Section 5(J). In
contrast, COMPANY shall have no defense, indemnity or other obligation to CITY with respect
to any and all losses, liabilities, fines, penalties, claims, damages, liabilities or judgments,
including attorney’s fees, arising out of or relating to CITY’s or COMPANY’s alleged or actual
failure to comply with Article XIlIC or XIIID of the California Constitution or SB 1383 with
respect to CITY’s or COMPANY’s performance under this Section 5(J). Nothing in this
Agreement shall be deemed an admission by CITY or COMPANY that Articles XIIIC or XIIID
of the California Constitution apply to any portion of the rates charged by COMPANY under this
Agreement and COMPANY does not represent or warrant that the provision of compost under this
Agreement shall satisfy any of CITY’s obligations under SB 1383.
(K) Provided that CITY has made a written funding request to COMPANY prior to
January 31, COMPANY shall pay CITY a solid waste implementation fee in an amount to be set
by CITY, in addition to the franchise fee, the administrative fee, and the Regulatory and Consulting
fee. The proceeds of the solid waste implementation fee shall be used to fund the costs incurred
by CITY to provide trash capture and litter abatement requirement activities, SB 1383 enforcement
activities, and/or for other related CITY implementation activities as required by Local, Regional,
State, or Federal permits, laws, and/or regulations relating to the collection and/or management of
trash or solid wastes and the amount of the fee set by CITY shall not exceed the reasonably
anticipated costs to be incurred by CITY for the foregoing activities. CITY may change the amount
of the solid waste implementation fee from time to time based on its estimated actual costs for
providing such activities, provided, however, that COMPANY shall not be required to pay the
initial implementation fee or any changed fee until the rate adjustment required by Section 9(C)
has taken effect. CITY shall provide COMPANY with a written funding request prior to January
31 of each year for payment requirements to become effective July 1 of the same calendar year
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and proportional payments will be made by COMPANY to CITY on a quarterly basis and
submitted at the same time as the quarterly franchise fee payment. COMPANY may include these
solid waste implementation fee funds as EXCEPTIONAL COSTS in its rate application for the
year the implementation fee is to be paid by COMPANY to CITY.
(L) COMPANY shall comply with each of the following requirements:
(i) All collection vehicles and equipment shall be modern and so constructed and
maintained to prevent leakage, spillage and overflow. COMPANY shall maintain
all vehicles, detachable containers and debris boxes in a clean and sanitary
condition, and shall perform such maintenance as is necessary to assure that each
vehicle and piece of equipment is capable of performing all functions for which it
was designed. COMPANY shall maintain an equipment replacement schedule to
be provided to CITY upon its request.
(a) All trucks and equipment shall be clearly identified with COMPANY name,
a current local business telephone number, and a vehicle identification
number in letters not less than two and one-half (2-1/2) inches in height.
(b) CITY may refuse to permit the operation within the City limits of any
vehicle not adequately serviced, cleaned or in need of repair. Removal of
vehicles for servicing and repair shall not relieve the COMPANY from
maintaining all collection schedules.
(ii) COMPANY shall not litter premises in the process of making collections nor allow
Solid Waste Matter to blow or fall from any vehicles used for collections.
COMPANY shall replace lids or covers on containers immediately after emptying
the same and shall repair or replace at its expense any containers damaged as a
result of its handling thereof, normal wear and tear excepted. COMPANY shall
clean up all spills including oil and debris on the streets resulting from its operation.
(iii) COMPANY shall establish and maintain an office where complaints may be made.
Such office shall have a responsible individual available daily between the hours of
eight o’clock a.m. and five o’clock p.m., excepting Saturday, Sunday and such
holidays as are recognized by COMPANY and approved by CITY. The following
holidays have been approved by City: New Year’s Day, Martin Luther King Day,
Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the day after
Thanksgiving, and Christmas Day. Calls for missed collections shall be received
twenty-four (24) hours per day.
(iv) CITY agrees to require all customers to place their Refuse in metal containers or
wheeled carts provided by the COMPANY. COMPANY shall offer residents their
choice of 32-gallon, 64-gallon, and 96-gallon carts for Refuse collection. In
addition, residential customers shall receive four bag tags (“FREE Tags”) per year
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that may each be used for up to 32-gallons of excess Refuse to be placed alongside
their cart and such Refuse will be collected at no additional charge. Customers may
place any excess Refuse that does not fit into their cart or container or that is not
placed out with a bag tag in plastic bags alongside their cart for a fee.
(v) COMPANY shall provide residents with appropriate recycling containers
reasonably acceptable to CITY for the collection of Recyclable Materials. At all
times the containers shall be the property of the COMPANY. CITY and
COMPANY agree that all curbside containers provided by the CITY prior to the
effective date of this AGREEMENT shall be the property of the COMPANY.
COMPANY shall make a reasonable effort to maintain or replace damaged or lost
recycling containers and to ensure that new customers are provided recycling
containers within one week of commencing service.
COMPANY shall offer residents their choice of containers including bins, 32-
gallon carts and 64-gallon carts for Recyclable Material and 64-gallon and 96-
gallon carts for Organic Material. Residents that do not typically set out Yard
Trimmings will also be offered a 32-gallon cart for Organic Material. The initial
mix of containers offered to residents by the COMPANY shall include one cart for
Recyclable Material and one cart for Organic Material, in addition to the cart for
Solid Waste. Upon customer request, COMPANY shall provide and deliver indoor
food waste collection containers to residential customers. COMPANY shall assist
customers in locking organic collection containers upon request.
COMPANY shall provide additional containers to any resident requesting
additional containers for Recyclable Material or Organic Material collection
service provided the request is consistent with the amount of Recyclable Material
or Organic Material potentially generated at the residence.
COMPANY shall provide businesses with recycling containers adequately sized to
contain cardboard for recycling and reasonably acceptable to CITY for the
collection of Recyclable Material. At all times the containers shall be the property
of the COMPANY.
(vi) COMPANY shall replace all Solid Waste, Recyclable Material, and Organic
Material containers used by its customers in an upright position, in approximately
the same location where the containers were immediately before COMPANY
emptied them and use best efforts to replace containers with lids closed.
COMPANY shall return all commercial bins to the location where the containers
were immediately before COMPANY emptied them, within any enclosures
provided and shall make reasonable efforts to close bin lids and shall close any
doors or gates provided for screening the bins. COMPANY shall instruct its
employees to comply with the foregoing requirements and shall exercise sufficient
supervision of its employees to assure that these instructions are followed.
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(vii) COMPANY shall not collect Yard Trimmings during the collection of Solid Waste
unless the Yard Trimmings are not reasonably visible to the COMPANY employee.
COMPANY shall make reasonable efforts to not collect corrugated cardboard
during the collection of residential garbage unless the cardboard is not reasonably
visible to the COMPANY employee. If, prior to servicing the container, yard
trimmings or cardboard become visible to a COMPANY employee, said employee
shall not empty that container. COMPANY employees shall leave a CITY-
approved explanatory notice on all garbage containers not emptied because they
contained yard trimmings or cardboard. If a customer requests that the COMPANY
return to an address to collect garbage that has had Yard Trimmings or cardboard
removed from it and is now collectable, COMPANY shall return within 24 hours
after the customer has agreed to pay the extra collection fee contained in Exhibit A,
Schedule of Rates.
(viii) COMPANY shall be responsible for transporting Solid Waste, Construction and
Demolition Debris, Recyclable Material and Organic Material collected under this
Agreement to designated processing facilities. As of the date of this Agreement, the
current designated processing facilities are identified on Exhibit D. COMPANY
and CITY acknowledge that the designated facilities are subject to change
throughout the term of this agreement based on external factors and market
conditions.
(ix) COMPANY will make reasonable efforts to ensure that all Recyclable Material are
not disposed of in landfills.
(x) When recyclables are not collected from any customer for any reason including the
presence or suspected presence of Hazardous Waste or contaminants, COMPANY
shall notify its customer in writing why the collection was not made. COMPANY
has represented to CITY that COMPANY will carry out its duties to notify all
agencies with jurisdiction, including the California Department of Toxic Substance
Control and Local Emergency Response Providers, and if appropriate, the National
Response Center, of reportable quantities of Hazardous Waste, found or observed
in solid waste anywhere within the CITY, including on, in, under or about CITY
property, including streets, easements, rights of way and city waste containers. In
addition to other required notifications, if COMPANY observes any substance
which it or its employees reasonably believe or suspect to contain Hazardous Waste
unlawfully disposed of or released on CITY property, including streets, storm
drains, or public right of way, COMPANY also will immediately notify the City
Administrator, or the City Administrator's designee.
(xi) COMPANY shall satisfactorily provide comprehensive customer service for waste
diversion programs, including but not limited to responding to complaints,
answering questions and handling missed pick-ups. Missed pick-ups shall be
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collected within one business day of being reported. A record of customer
complaints and disposition shall be maintained by COMPANY and made available
to CITY at CITY’s request.
(xii). COMPANY shall develop and implement an outreach and education program as
set forth on Exhibit E and shall also provide supplemental education and outreach
related to Organic Material collection as set forth in Exhibit C. Upon mutual
agreement, COMPANY may also provide additional assistance in conducting the
public awareness/education program. Such assistance may include but is not
limited to: 1) providing assistance in developing educational and promotional
programs and materials; 2) distributing educational and promotional materials; 3)
providing recycling vehicle(s) and personnel for appearances at special events such
as parades, fairs, etc.; and 4) distributing an annual calendar for street sweeping.
CITY may, at its discretion, require substantial and extraordinary additional
education and outreach activities to be provided by COMPANY beyond those
described above. COMPANY may recover its reasonable and necessary costs for
performing these activities as EXCEPTIONAL COSTS in its rate application for
the year following provision of the services.
(xiii) Within thirty (30) days after the end of each month, COMPANY shall submit to
CITY written monthly reports, in a format reasonably acceptable to the CITY, that
provide the following information:
a. Collected Tonnages - a monthly summary of the quantity, by weight, of each
recyclable material collected.
b. Participation Rates - a monthly reasonably estimated summary of the total
number of households served per route, the actual number of households
participating, the number of pickups per route, the percentage of pickups by
route, and the number of businesses participating in the cardboard recycling
program.
c. Recycling Costs and Revenues - a monthly summary of the total dollar amount
received in revenue or paid out in processing cost for Recyclable Materials
collected
(xiv) Equipment Maintenance - COMPANY shall maintain all equipment in a clean
condition and in good repair at all times. All parts and systems of the equipment
shall operate properly and be maintained in a condition reasonably satisfactory to
CITY. COMPANY shall repaint all equipment on a frequency necessary to
maintain a positive public image as reasonably determined by the CITY.
(xv) Bins and carts for Garbage, Recyclable Material and Organic Material shall be
delivered to the customer within five (5) working days of the request for service by
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the customer.
(xvi) Care shall be taken by the COMPANY’s employees to prevent damage to bins and
carts by unnecessary rough handling. Bins and carts damaged by the COMPANY’s
employees shall be replaced by the COMPANY, at COMPANY’s sole expense,
within five (5) working days of the request by the customer or by the CITY.
(xvii) Change in bin size. COMPANY shall within five (5) working days of request by
customer, exchange bins for a larger or smaller size bin. Customer may request a
change in bin size twice a year at no additional charge. Additional bin exchanges
shall be subject to a handling fee.
(xviii) Bin Cleaning. COMPANY shall within five (5) working days of request by
customer, exchange bins to provide a clean bin. Customer may request a clean bin
once a year at no additional charge. Additional bin exchanges shall be subject to a
handling fee.
Section 7. Performance Standards and Liquidated Damages
(A) General. The Parties find that as of the time of the execution of this Agreement, it
is impractical, if not impossible, to reasonably ascertain the extent of damages which shall be
incurred by City as a result of a breach by COMPANY of its obligations under this Agreement.
The factors relating to the impracticability of ascertaining damages include, but are not limited to,
the fact that: (i) substantial damage results to members of the public who are denied services or
denied quality or reliable service; (ii) such breaches cause inconvenience, anxiety, frustration, and
deprivation of the benefits of the Agreement to individual members of the general public for whose
benefit this Agreement exists, in subjective ways and in varying degrees of intensity which are
incapable of measurement in precise monetary terms; (iii) exclusive services might be available at
substantially lower costs than alternative services and the monetary loss resulting from denial of
services or denial of quality or reliable services is impossible to calculate in precise monetary
terms; and (iv) the termination of this Agreement for such breaches, and other remedies are, at
best, a means of future correction and not remedies which make the public whole for past breaches.
(B) Service Performance Standards; Liquidated Damages for Failure to Meet
Standards. The Parties further acknowledge that consistent, reliable Collection Services, as
described in detail in Section 6 of this Agreement, are of utmost importance to City and that CITY
has considered and relied on COMPANY’s representations as to its quality of service commitment
in awarding the Agreement to it. The Parties recognize that some quantified standards of
performance are necessary and appropriate to ensure consistent and reliable service and
performance. The Parties further recognize that if COMPANY fails to achieve the performance
standards, or fails to submit required documents in a timely manner, CITY and its residents and
businesses will suffer damages, and that it is, and will be, impractical and extremely difficult to
ascertain and determine the exact amount of damages that CITY will suffer. Therefore, without
prejudice to CITY’s right to treat such non-performance as an event of default, the Parties agree
that the Liquidated Damages amounts established in this Agreement represent a reasonable
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estimate of the amount of such damages considering all of the circumstances existing on the
Effective Date of this Agreement, including the relationship of the sums to the range of harm to
CITY that reasonably could be anticipated and the anticipation that proof of actual damages would
be costly or impractical.
Before assessing Liquidated Damages, CITY shall give COMPANY notice of its intention to do
so. The notice will include a brief description of the incident(s) and non-performance. CITY may
review (and make copies at its own expense) all information in the possession of COMPANY
relating to incident(s) and/or non-performance. COMPANY may, within ten (10) Business Days
after receipt of notice, request a meeting with CITY. CITY may present evidence of non-
performance in writing and through testimony of its employees and others relevant to the
incident(s) and non-performance. CITY Contract Administrator will provide COMPANY with a
written explanation of their determination on each incident(s) and non-performance prior to
authorizing the assessment of Liquidated Damages under this Section 7.
Should such notices of CITY intention to assess Liquidated Damages exceed $10,000 in total
during any 120 day period, COMPANY may within ten (10) Working Days of receipt of such
notice representing the amount exceeding $10,000 for such period request the opportunity to meet
with the City Administrator or their designee to respond to the intended assessment. If COMPANY
has made such request within the required timeframe, the intended assessment of Liquidated
Damages will not be imposed on COMPANY until COMPANY has been afforded the opportunity
to meet with the City Administrator or their designee to respond to the intended assessment. In
such case, the decision of the City Administrator or their designee shall be final and COMPANY
shall not be subject to, or required to exhaust, any further administrative remedies. If the City
Administrator or their designee is acting as the City Contract Administrator, the City Administrator
or their designee shall designate an alternative City representative to meet with COMPANY.
Should COMPANY not exercise its right to respond to the assessment as described in this
paragraph, and in all other cases, the decision of City Contract Administrator shall be final and
COMPANY shall not be subject to, or required to exhaust, any further administrative remedies.
COMPANY shall pay CITY the amount assessed within 30 days of receipt of the original
assessment or the City Administrator’s decision, whichever is later.
Notwithstanding the foregoing or anything else in this Agreement, COMPANY shall not be
required to pay Liquidated Damages in excess of the then applicable Annual Liquidated Damages
Maximum during each twelve month period beginning July 1 and ending June 30 of each
agreement year. The initial Annual Liquidated Damages Maximum shall be equal to $30,000. The
Annual Liquidated Damages Maximum shall be increased or decreased throughout the Term as
follows:
i) The Annual Liquidated Damages Maximum shall be increased from $30,000 to
$60,000 effective the year following any year that the Annual Liquidated Damages
Maximum was $30,000 during such year and COMPANY was assessed Liquidated
Damages of $30,000 or more during such year and such assessment was determined to
be justified after a meeting between COMPANY and CITY Administrator;
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ii) The Annual Liquidated Damages Maximum shall be increased to $90,000 effective the
year following any year that the Annual Liquidated Damages Maximum was $60,000
during such year and COMPANY was assessed Liquidated Damages of $60,000 or
more during such year and such assessment was determined to be justified after a
meeting between COMPANY and CITY Administrator;
iii) The Annual Liquidated Damages Maximum shall be decreased to $60,000 effective the
year following any year that the Annual Liquidated Damages Maximum was $90,000
and COMPANY was assessed Liquidated Damages of less than $60,000; and
iv) The Annual Liquidated Damages Maximum shall be decreased to $30,000 effective the
year following any year that the Annual Liquidated Damages Maximum was $60,000
and COMPANY was assessed Liquidated Damages of less than $30,000.
For the avoidance of doubt, Liquidated Damages in excess of the applicable Annual Liquidated
Damages Maximum shall not be carried over to subsequent years. The Annual Liquidated
Damages Maximum shall remain the same from year to year unless and until one of the events in
(i) through (iv) above trigger a modification to such amount. In the event that CITY conducts a
Performance Audit during any year that the Annual Liquidated Damages Maximum is $90,000,
such Performance Audit will not be considered an EXCEPTIONAL COST and COMPANY shall
be responsible for the cost of such Performance Audit up to a maximum of $50,000.
(C) Amount. City may assess $300 Liquidated Damages for each calendar day or event,
as appropriate, for which COMPANY is determined to have failed to meet the performance
standards described and listed in Section 6(L)(i) through 6(L)(xviii). In calculating the total
assessment, each customer experiencing the substandard service shall count as a separate instance
or event. It is agreed and understood that any time period for performance of duties stated in
Section 6(L)(i) to (xviii) is a material provision of this Agreement.
Section 8. Franchise Representative and Inspections
(A) COMPANY shall assign a qualified person to be in charge of its operations in the
CITY and shall inform CITY of such person’s identity and experience, and provide direct contact
information for such person, without an intermediary person, including e-mail address and
telephone number. It shall be such person’s responsibility to assure that all collection operations
are effectively performed and all complaints courteously handled and satisfactorily resolved.
(B) To ensure that the laws governing the performance of this Agreement are complied
with, a representative of CITY may inspect, review and observe the operations of COMPANY
during the term of this Agreement without prior notice. At CITY’s request, COMPANY shall
make designated personnel available to accompany CITY inspectors provided a minimum of
twenty-four (24) hour notice has been given to COMPANY by CITY.
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Section 9. Franchise Collection Rates
(A) COMPANY shall not charge any amount in excess of the approved schedule of
service rates for any services required or permitted to be performed by the terms of this Agreement.
The approved service rates are those set forth in Exhibit A attached hereto and incorporated herein
by reference, as such Schedule of Rates may hereafter be adjusted as provided herein.
(B) COMPANY shall submit a request for an adjustment of service rates no later than
March 1 of any given year if an annual adjustment under this subsection (B) is desired by the
COMPANY. Any approved change in service rates under this subsection shall become effective
on July 1 of the same calendar year. For purposes of adjustment, the base rates shall be the rates
in effect on January 1, in the calendar year the adjustment is made.
The annual adjustment under this subsection shall be calculated using the formula set forth
in Exhibit A2.
(C) In addition to the adjustment provided for in Section 9(B) herein, the parties agree
that service rates shall be adjusted in an amount sufficient to cover COMPANY’S Reasonable
Increased Costs resulting from any extraordinary changes in circumstances that increase the
COMPANY’s costs of providing service hereunder and that are substantially beyond the control
of the COMPANY (including, without limitation, revisions to laws, ordinances, regulations, or
other Applicable Law, or the interpretation or enforcement thereof; any change in governmental
or regulatory fees; and the unavailability for reasons beyond COMPANY’s control of any facility
to which COMPANY delivers material).
The parties furthermore agree to adjust the service rates in a mutually agreed manner to cover
COMPANY’s Reasonable Increased Costs of the following, which adjustment shall be a condition
to COMPANY implementing the following:
(i) Following prior written approval by City of a COMPANY proposal, costs of testing
and implementing alternative collection vehicle fueling strategies such as
electricity, hydrogen and hybrid propulsion, as described in Recital I; and
(ii) Changes in the franchise fee, implementation fee, or any other fee payable to CITY
pursuant to this Agreement;
In addition to the above changes in the service rates, COMPANY shall also be entitled to
temporary one-year adjustments in the service rates to recover the Reasonable Increased Costs for
additional temporary services provided by COMPANY upon written request by CITY
(EXCEPTIONAL COSTS). The temporary adjustment will not be included in the base rate used
to calculate the following year’s rate adjustment request. EXCEPTIONAL COSTS shall include,
but are not limited to, the reasonable and necessary costs associated with:
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a. A performance audit required by CITY pursuant to Section 2(B) unless the
performance audit is conducted during any year that the Annual Liquidated
Damages Maximum is $90,000. In the event that a Performance Audit is
conducted during any year that the Annual Liquidated Damages Maximum is
$90,000, the first $50,000 in performance audit costs are excluded from the
calculation of EXCEPTIONAL COSTS;
b. Cleanups of homeless encampments and other sites pursuant to Section 6(B);
c. Special on-call collections conducted upon written request by CITY, provided
that such collections are not made for the personal benefit of a public official or
appointed city employee;
d. Additional vouchers provided to residents, institutions, or businesses at City’s
request for free disposal at the San Martin Transfer Station;
e. Additional temporary public education services beyond those otherwise
required by Exhibits C and E as set forth in Section 6(L)(xii);
f. Additional city services that qualify for additional compensation as described
in Section 6(B);
g. Compost provided or delivered by COMPANY as described in Section 6(J);
and
h. Any other temporary services requested by CITY the costs of which the parties
mutually agree shall be treated as EXCEPTIONAL COSTS.
(D) Upon confirmation by CITY that COMPANY has submitted an accurate and
correctly calculated request for an adjustment of service rates, CITY shall approve new maximum
service rates and shall notify COMPANY of such maximum service rates on or before May 1 of
the year the adjustment is made. COMPANY may charge service rates that are less than or equal
to the maximum service rates approved by CITY.
Should an index named in Exhibit A2 not be published in October of any given year, the
calculations shall be performed using the most recent index values of a month immediately
preceding the October contemplated by this Amendment.
(E) COMPANY agrees to provide eligible low-income residents with a 20% discount
for residential service provided that:
(i) The resident applying for the discount can prove that they are eligible to receive the
“lifeline” discount rate offered by Pacific, Gas & Electric. COMPANY may require
reverification of eligibility annually. In the event that this utility discount is no
longer offered, the COMPANY and the CITY shall meet to agree upon a
replacement measure of eligibility. A change in the eligibility requirements for
PG&E’s “lifeline” discount rate shall be treated as a change in Applicable Law
under subsection (C) above; and
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(ii) The resident subscribes to single-can garbage service.
Section 10. Company Providing Criteria to Review Development Plans.
If requested by CITY, COMPANY shall provide CITY with examples of specific criteria
by which development plans for residential and nonresidential units may be reviewed by CITY
concerning the location of Solid Waste Matter containers and appropriate screening thereof, which
criteria CITY may choose to utilize in the review of development plans.
Section 11. Franchise Service Termination.
COMPANY may terminate service to residential customers who are one hundred twenty
(120) days in arrears in payment of rate charges and nonresidential customers who are sixty (60)
days in arrears in payment of rate charges, respectively, provided COMPANY:
(A) Shall give a customer whose service may be cut off at least (30) days written notice
prior to the proposed service termination date.
(B) Shall notify CITY in advance of each proposed service termination by property
location.
(C) Shall monitor each property location at which service has been terminated and
notify CITY of any problems observed, including accumulation of garbage on the premises.
(D) Shall promptly restore service when all amounts owing have been paid.
Section 12. Franchise Disaster Assistance
(A) In the event a wartime, natural, physical or other disaster in or proximate to the
CITY limits resulting in the declaration of a State of Emergency by the duly authorized authority
or City Council, COMPANY shall make available to CITY, all trucks, equipment and personnel
normally performing services under this Agreement, for emergency operations conducted or
directed by the CITY emergency organization, provided that CITY and COMPANY mutually
agree it is safe and practicable to do so.
(B) Upon consent from COMPANY, such consent which shall not be unreasonably
withheld based on the circumstances giving rise to the State of Emergency, CITY shall have the
right to take temporary possession of all such equipment provided by COMPANY, and to
temporarily employ all COMPANY personnel who voluntarily agree to serve as emergency
operation forces of CITY, under the direction and control of the CITY Emergency Services
Director.
(C) COMPANY shall use efforts to make available, in addition to the equipment and
personnel above, equipment and personnel from those COMPANY operations and resources not
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serving CITY, to the extent necessary to conduct effective refuse, waste and debris removal during
any declared State of Emergency to the specifications of the CITY Emergency Services Director.
(D) CITY shall not be required to compensate COMPANY in any manner or form for
COMPANY provision of vehicles, personnel or equipment that conforms with the regular level of
service provided under this Agreement within the CITY limits, when made available during a
declared State of Emergency. When additional vehicles, personnel hours or equipment are
provided during an emergency that exceed the level of service provided under this Agreement,
CITY shall compensate COMPANY for actual expenses incurred by COMPANY in providing
additional vehicles, personnel hours or equipment upon submission by COMPANY to CITY of
detailed records of costs and expenses actually borne by COMPANY, and upon approval by the
Federal government of CITY as reimbursement of expenses incurred by COMPANY during a
disaster.
Section 13. Franchise Indemnification
(A). Indemnification of CITY. COMPANY agrees that it shall protect, defend with
counsel reasonably acceptable to CITY, indemnify and hold harmless CITY, its officers,
employees, and agents from and against any and all losses, liabilities, fines, penalties, claims,
damages, liabilities or judgments, including attorney’s fees, arising out of or resulting in any way
from COMPANY's performance of this franchise, unless such claim is due to the negligence or
willful acts of the CITY, its officers, employees, agents, contractors or volunteers. Upon
demand of the CITY, made by and through the City Attorney, COMPANY shall appear in and
defend the CITY and its officers, employees, and agents, in any claims or actions, whether
judicial, administrative or otherwise which are within the scope of the foregoing indemnity.
THIS PROVISION SHALL SURVIVE THE EXPIRATION OF THE PERIOD DURING
WHICH SOLID WASTE AND RECYCLABLES COLLECTION, PROCESSING AND
DISPOSAL SERVICES ARE TO BE PROVIDED UNDER THIS AGREEMENT.
(B) Hazardous Substance Indemnification. COMPANY shall indemnify, defend with
counsel reasonably acceptable to CITY, protect and hold harmless CITY, its officers, employees,
agents, volunteers, assigns and any successor or successors to CITY's interest from and against all
claims, actual damages (including special and consequential damages but excluding punitive
damages), natural resources damage, injuries, cost, response, remediation and removal costs,
losses, liabilities, causes of action, suits, legal or administrative proceedings, interest, fines,
charges, penalties and expenses (including but not limited to attorneys' and expert witness fees and
costs incurred in connection with defending against any of the foregoing or in enforcing this
indemnity) of any kind whatsoever paid, incurred or suffered by, or asserted against, CITY or its
officers, employees, or agents arising from or attributable to any repair, cleanup or detoxification,
or preparation and implementation of any removal, remedial, response, closure or other plan
(regardless of whether undertaken due to governmental action) concerning any Hazardous
Substance or Hazardous Wastes at any place owned by COMPANY or its affiliates where
COMPANY processes or stores material for recycling pursuant to this Agreement, unless such
claim is due to the sole negligence or willful acts of the CITY, its officers, employees, agents,
contractors or volunteers. The foregoing indemnity is intended to operate as an agreement
9.1.b
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pursuant to Section 107(e) of the Comprehensive Environmental Response, Compensation and
Liability Act, "CERCLA", 42 U.S.C. Section 9607(e), and California Health and Safety Code
Section 25364, to defend, protect, hold harmless and indemnify CITY from liability. THIS
PROVISION SHALL SURVIVE THE EXPIRATION OF THE PERIOD DURING WHICH
SOLID WASTE AND RECYCLABLES COLLECTION, PROCESSING AND DISPOSAL
SERVICES ARE TO BE PROVIDED UNDER THIS AGREEMENT.
(C) State Mandate Indemnification. COMPANY agrees to protect, defend, with
counsel reasonably acceptable to CITY, and indemnify CITY against fines or penalties imposed
by CalRecycle in the event that the CITY fails to meet its AB 939 waste reduction goals or fulfill
its obligations pursuant to the SB 1383 Final Regulations due to the COMPANY’s failure to
satisfactorily fulfill its obligations pursuant to this Agreement, unless such claim is due to the sole
negligence or willful acts of the CITY, its officers, employees, agents, contractors or volunteers.
Section 14. Franchise Insurance and Bond.
(A) This Agreement and the privileges herein granted to COMPANY is and are
conditioned upon the faithful performance by COMPANY and by each and every one of his
subcontractors, if any, of each and all of the covenants and provisions herein agreed to be
performed by COMPANY or required to be performed by its subcontractors; and payment of all
license fees and other monies herein agreed to be paid by COMPANY.
(B) Upon execution of this Agreement, COMPANY shall furnish to CITY and shall
file with the City Clerk of CITY a corporate surety bond, in substantially the form of the bond
filed with CITY in 2021 (or in such other form as may be approved by the City Administrator and
approved as to form by the City Attorney) executed by COMPANY as principal and by a corporate
surety as surety, in the sum of $1,000,000 (One Million Dollars), conditioned upon the faithful
performance by COMPANY and its subcontractors, if any, of this Agreement.
(C) COMPANY agrees to maintain and submit evidence to CITY of, during the life of
this Agreement, insurance policies as specified in Exhibit B, Insurance Requirements.
Evidence of insurance shall be in the form of an ACORD form Certificate of Insurance and
original endorsements to policies each naming the CITY and its officers, employees and agents as
additional insureds on all policies. In the event of cancellation of any coverage, thirty (30) days
prior written notice of termination shall be given to the CITY. Notice shall be sent to:
City Administrator
City of Gilroy
7351 Rosanna Street
Gilroy, California 95020
9.1.b
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Section 15. Franchise Assignment
(A) COMPANY shall not assign, sell, subcontract or otherwise delegate authority to
perform any portion of this Agreement, including but not limited to a sale, exchange or other
transfer of substantially all of COMPANY’s assets dedicated to service under this Agreement to a
third party, or between a subsidiary and a parent company or Related Party, without the prior
written express approval of CITY. Use of third party disposal or processing facilities shall not be
deemed subcontracting or delegation of authority. In the event of any assignment duly authorized
by CITY, the assignee shall assume the liability of COMPANY.
(B) No sale, gift, or transfer of stock or other interest of COMPANY, including but not
limited to any reorganization, consolidation, merger recapitalization, stock issuance or re-issuance,
voting trust, pooling agreement, escrow arrangement, liquidation or other transaction to which
COMPANY or any of its shareholders is a party, which would result in a change of Control of
COMPANY, shall be made without prior written approval of the City Council. Violation of this
provision shall be a breach of this Agreement and grounds for termination by CITY without the
need for compliance with the notification requirements of Section 20.
(C) If COMPANY shall at any time during the Term become insolvent, or if
proceedings in bankruptcy shall be instituted by or against COMPANY (and, if against
COMPANY, not dismissed or stayed within 90 days), or if COMPANY shall be adjudged bankrupt
or insolvent by any court, or if a receiver or trustee in bankruptcy or a receiver of any property of
COMPANY shall be appointed in any suit or proceeding brought by or against COMPANY, or if
COMPANY shall make an assignment for the benefit of creditors, then and in each and every such
case, this Agreement shall immediately cease, terminate, and be canceled upon written notice by
CITY and without the necessity of suit or other proceeding.
(D) If COMPANY requests CITY’s consideration of and consent to an assignment,
CITY may deny or approve such request in its complete discretion. CITY need not consider any
request by COMPANY for consent to an assignment unless and until COMPANY has met the
following requirements:
(i) COMPANY shall pay to CITY the transfer fee described in Section 15 (E).
(ii) COMPANY shall furnish CITY with audited financial statements of the
proposed assignee’s operations for the immediately preceding five (5)
operating years.
(iii) COMPANY shall furnish CITY with satisfactory proof that the proposed
assignee has the demonstrated technical capability to perform all Collection
Services, including: (a) that the proposed assignee has at least 10 years of
experience in the provision and management of Solid Waste and
Recyclables Collection Services on a scale equal to or exceeding the scale
of operations conducted by COMPANY under this Agreement; (b) in the
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last five (5) years, the proposed assignee has not suffered any significant
citations or other censure from any State, federal or local agencies and the
assignee has provided CITY with a complete list of such citations and
censures; (c) the proposed assignee has at all times conducted its operations
in a environmentally safe and conscientious fashion; (d) the proposed
assignee conducts its Solid Waste and Recyclables Collection Services in
accordance with sound Solid Waste and Recyclables practices, and in full
compliance with all federal, State and local laws regulating the collection
and Disposal of Solid Waste including hazardous substances; and (e) any
other information required by CITY to ensure the proposed assignee can
fulfill the terms of this Agreement in a timely, safe and effective manner.
(E) Any application for an assignment transfer shall be made in a manner prescribed
by the City Administrator. The application shall include a nonrefundable transfer fee in the amount
of Fifty Thousand Dollars ($50,000) to cover the cost of all direct and indirect administrative
expenses including consultants and attorneys, necessary to adequately analyze the application and
to reimburse CITY for all direct and indirect expenses. In addition, COMPANY shall reimburse
CITY for any and all additional costs related to the assignment requested and not covered by the
transfer fee. Bills shall be supported with evidence of the expense or cost incurred. COMPANY
shall pay such bills within (30) days of receipt. The transfer fees are over and above any
COMPANY Fees specified in this Agreement.
(F) If CITY consents to an assignment, COMPANY shall cooperate with CITY and the
assignee to assist in an orderly transition.
Section 16. Franchise Waste
It is expressly understood that all Solid Waste, Recyclable Material, Organic Material, and
Construction and Demolition Debris collected under this Agreement becomes the property of
COMPANY at the point in time it is loaded onto COMPANY’S vehicle, subject to the requirement
of delivery of Solid Waste to a disposal site, Recyclable Material to a recycling facility, and
Organic Material to an organic waste facility, and Construction and Demolition Debris to an
appropriate disposal or processing facility. However, title to Hazardous Waste shall not pass to
COMPANY pursuant to Section 6(A)(v) or 6(E) of this Agreement and shall remain with the
generator, unless purposefully collected by COMPANY pursuant to one of the Hazardous Waste
collection programs provided for in this Agreement. At no time does CITY obtain any right of
ownership or possession of solid waste or recyclables placed for collection, and nothing in this
Agreement shall be construed as giving rise to any inference that CITY has any such rights. CITY
and COMPANY agree that, for the purposes of the Uniform Commercial Code and all other laws
imposing liability for defective products, it is COMPANY, and not CITY that is to be considered
the “merchant” of goods recycled pursuant to this AGREEMENT.
COMPANY shall ensure that all disposal, transfer, Recyclable Material processing, and
Organic Material processing and Construction and Demolition Debris processing and/or disposal
9.1.b
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facilities owned and used by the COMPANY or other corporations affiliated with COMPANY in
the performance of this Agreement are properly permitted and in material compliance with
Applicable Law at all times during the Term. COMPANY shall immediately inform the City
Administrator in writing in the event of any material noncompliance with Applicable Law by such
facility, and CITY, in its sole discretion, shall have the right to require the use of a different facility,
to be selected by COMPANY. The City Council may also, in its sole discretion, require the use
of a different site at any time during the Term if any such facility (as the case may be) is found to
not be in material compliance with the provisions of this Section, and the City Council determines
that such facility (as the case may be) is not acceptable due to a failure to comply with the terms
of this Section or a finding by State or federal regulatory agencies that it is not in material
compliance with Applicable Law, including the Environmental Statutes, and is unable to accept
City’s Solid Waste, Construction and Demolition Debris, Organic Material or Recyclable Material
(as the case may be).
COMPANY's written arrangements with its customers for collection of Recyclable
Material or Organic Material within CITY (if any) will provide that, subject to the right of the
customers to claim lost property, title and the right to possession, and liability for all recyclables
which are set out for collection on the regularly scheduled collection day shall pass to COMPANY
at the time they are placed in the COMPANY’s truck. The COMPANY shall have the right to
retain any benefit or profit resulting from its right to retain, recycle, compost, dispose of or use the
recyclables that it collects. At no time does the CITY obtain any right of ownership or possession
of recyclables placed for collection, and nothing in this Agreement shall be construed as giving
rise to any inference that CITY has any such rights. COMPANY will utilize their best efforts to
implement and maintain waste recovery or recycling programs. COMPANY shall have the first
right and option and right of first refusal for the recycling of any type of material within the CITY
subject to applicable laws. However, if COMPANY chooses not to recycle a type of material
which CITY deems recyclable, CITY may, at its option, cause or implement independent recycling
programs to handle said waste, provided that the proposed program does not conflict with the
exclusive rights granted to COMPANY by this Agreement.
Section 17. Franchise Waiver
The waiver by CITY of any breach or violation of any term, covenant or condition of this
Agreement or of any provision, ordinance or law shall not be deemed to be a permanent waiver of
such term, covenant, condition, ordinance or law, or of any subsequent breach or violation of the
same or of any other term, covenant, condition, ordinance or law. The subsequent acceptance by
CITY of any franchise or other fee or of any other monies which may become due hereunder to
CITY shall not be deemed to be a waiver of any preceding breach of violation by COMPANY of
any term, covenant or condition of this Agreement or of any applicable law or ordinance.
Section 18. Franchise Administration
The administration and enforcement of this Agreement shall be the responsibility of the
City Administrator or designated representatives of that office.
9.1.b
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Section 19. Franchise Independent Contractor Status
It is agreed that COMPANY is an independent contractor, and all persons working for or
under the direction of the COMPANY are the COMPANY's agents, servants, employees, and said
persons shall not be deemed agents, servants or employees of CITY.
Section 20. Franchise Notice
All notices shall be personally delivered or mailed, via first class mail or nationally
recognized overnight courier, to the below listed addresses. These addresses shall be used for
delivery of service of process. Notices so sent shall be effective five (5) days after date of
mailing, or upon date of personal delivery.
Address of COMPANY is as follows:
RECOLOGY SOUTH VALLEY
1351 Pacheco Pass Highway
Gilroy, CA 95020
with a copy to:
Recology South Valley
Attn: Legal Department
50 California Street, 24th Floor
San Francisco, CA 94111
Address of CITY is as follows:
City Administrator
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
with a copy to:
City Clerk
7351 Rosanna
Street
Gilroy, CA 95020
Section 21. Continuity of Services
None of the following are to be considered an excuse from performance, and COMPANY
shall be obligated to continue to provide service notwithstanding the occurrence of any or all of
such events: (a) general economic conditions, interest or inflation rates, or currency fluctuation or
changes in the cost of fuel, commodities, supplies or equipment; (b) changes in the financial
condition of COMPANY or any of its subcontractors affecting their ability to perform their
obligations; (c) the consequences of errors, neglect or omissions by COMPANY, or any
subcontractor; (d) failure of any subcontractor or supplier to furnish labor, materials, service or
equipment; (e) equipment failure; (f) changes in market prices for, or the unavailability of markets
9.1.b
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for, the sale or purchase of Recyclables; (g) the availability of any Disposal site or Processing
facility; (h) labor unrest, including but not limited to strike, work stoppage or slowdown, sickout,
picketing, or other concerted job action conducted by COMPANY’s, employees or directed at
COMPANY, or a subcontractor. In the case of labor unrest or job action directed at a third party
over whom COMPANY has no control, however, the inability of COMPANY to make collections
due to the unwillingness or failure of the third party to provide reasonable assurance of the safety
of COMPANY’s employees while making collections or to make reasonable accommodations
regarding container placement and point of delivery, time of collection, or other operating
circumstances to minimize any confrontation with pickets or the number of persons necessary to
make collections, shall, to that limited extent, excuse performance. The foregoing excuse shall be
conditioned on COMPANY’s cooperation in making collection at different times and in different
locations.
In addition to any and all other legal or equitable remedies, in the event that COMPANY,
for any reason whatsoever, fails, refuses or is unable to perform any Collection Service at the time
and in the manner provided in this Agreement, and if, as a result thereof, Solid Waste accumulates
in the City to such an extent, in such a manner, or for such a time that the City Administrator finds
that such accumulation endangers or menaces the environment, public health, safety or welfare,
then CITY shall have the right, but not the obligation, upon twenty-four (24) hours prior notice to
COMPANY, to do either one or both of the following during the period of such emergency as
determined by City Administrator: (i) cause to be performed such services with other personnel
without liability to COMPANY; (ii) to take possession of any or all of COMPANY’s land,
equipment and other property used or useful in providing one or more of the Collection Services
and to provide one or more of the Collection Services. Should CITY take possession of
COMPANY’s equipment and other property pursuant to this Section, CITY shall exercise
reasonable, ordinary care in the use of the equipment and property. Any action by CITY pursuant
to this Section shall be without payment to COMPANY.
Notice of COMPANY’s failure, refusal or neglect to perform one or more Collection
Services that meets the requirements of the previous paragraph may be given orally by telephone
to COMPANY at its principal office and shall be effective immediately. Written confirmation of
such oral notification shall be sent to COMPANY within twenty-four (24) hours of the oral
notification. COMPANY further agrees that in such event:
(a) It shall fully cooperate with CITY to affect the transfer of possession of
property to CITY for CITY’s use.
(b) It shall, if CITY so requests and to the extent feasible, keep in good repair
and condition all of such property, provide all motor vehicles with fuel, oil and other service, and
provide such other service as may be necessary to maintain the property in operational condition.
If CITY takes possession of COMPANY’S equipment and causes the equipment to be operated
in the performance of any one or more Collection Services, as herein contemplated, CITY shall
ensure that operators of the equipment are experienced, knowledgeable, and licensed to operate
the equipment taken possession of by CITY. CITY shall indemnify, defend, and hold
COMPANY harmless from any and all liability, claims, damages, suits, costs, and expenses that
9.1.b
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arise out of or in any way relate to CITY’s use of COMPANY’S equipment or property except
from liability, claims, damages, suits, costs, and expenses that are the result of defects in
COMPANY’S equipment or property. Further, as a condition precedent to exercising any rights
described herein, CITY shall provide COMPANY with evidence of insurance reasonably
satisfactory to COMPANY that would cover CITY’S conduct of any one or more Collection
Services that CITY undertakes pursuant to this section. Such insurance shall include general
liability, automobile liability, and workers compensation insurance and each policy maintained
by the CITY shall name COMPANY as additional insured. CITY shall also provide maintenance
of equipment and property in accordance with standard industry practices during the period of its
use and shall return equipment and property to COMPANY in substantially the same condition
and repair as on the date CITY took possession, normal wear and tear expected.
CITY’s exercise of its contractual rights under this Section does not constitute a taking of
private property for which compensation must be paid; (ii) shall not create any liability on the
part of CITY to COMPANY; and (iii) does not exempt COMPANY from the indemnity
provisions of Section 12, which are meant to extend to circumstances arising under this Article,
provided that COMPANY is not required to indemnify CITY against claims and damages that
are solely caused by the established active negligence or willful misconduct of City officers,
employees, agents, or volunteers acting under this Section. CITY shall not affect a permanent
taking of COMPANY’s property pursuant to this Section.
CITY’s right to retain temporary possession of COMPANY’s property, and to provide
one or more Collection Services shall continue until COMPANY can demonstrate to CITY’s
satisfaction that it is ready, willing and able to resume such services. CITY has no obligation to
maintain possession of COMPANY’s property or continue its use in performing one or more
Collection Services for any period of time and may, at any time, in its sole discretion, relinquish
possession to COMPANY.
Separate from or in addition to assessing liquidated damages, CITY may also at its sole
discretion promptly secure, or direct COMPANY to promptly secure, at COMPANY’s sole
expense, substitute services, satisfactory to CITY, for when COMPANY is in breach, upon the
same terms and conditions as provided in this Agreement.
Section 22. Franchise Termination
(A) All terms and specifications of this Agreement are material and binding, and
failure to perform any portion of the work described herein shall be considered a breach of this
Agreement. Failure or delay by either party to perform any term or provision of this Agreement
constitutes a breach under this Agreement. The party who so fails or delays must immediately
commence to cure, correct, or remedy such failure or delay and shall complete such cure,
correction or remedy with reasonable diligence.
(B) Except as set forth in Sections 2(B) and 15 (B) and (C), neither party may
exercise any rights or remedies upon a default by the other party, unless and until such default
continues for a period of seven (7) days after written notice thereof from the non-defaulting
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party. If the nature of the default is such that more than seven (7) days are reasonably required
for its cure, then the defaulting party shall not be deemed to be in default if it has commenced a
cure within the seven (7) day period and thereafter diligently prosecutes such cure to completion
within thirty (30) days after receipt of written notice thereof unless CITY and COMPANY
mutually agree that curing the default will take longer than thirty (30) days and mutually
determine a reasonable longer deadline. No such additional time to cure shall be allowed for
failure to pay any amount due to either party under this Agreement, or if the nature of the default
is such that the health, welfare, or safety of the public is endangered as determined by the City
Administrator. The notice of default shall specify the default complained of by the injured party.
In the event of any conflict between the cure periods set forth in this subsection and any shorter
cure periods set forth in an applicable Section of this Agreement, the shorter period shall control.
(C) Delay in giving a notice of default shall not constitute a waiver of any default nor
shall it change the time of default. Any failures or delays by either party in asserting any of its
rights and remedies as to any default shall not operate as a waiver of any default or of any such
rights or remedies, nor deprive either party of its right to institute and maintain any actions or
proceedings which it may deem necessary to protect, assert, or enforce any such rights or
remedies.
(D) If the City Administrator determines that COMPANY’s performance pursuant to
this Agreement may not be in conformity with the provisions of this Agreement, the Act
(including, but not limited to requirements for Diversion, source reduction and Recycling as to
the waste stream subject to this Agreement), or any other Applicable Law, including but not
limited to, the laws governing transfer, storage or Disposal of Solid Waste or Hazardous Waste,
the City Administrator may advise COMPANY in writing of such suspected default in
accordance with subsection 22(B), specifying the default in reasonable detail (the “Notice of
Default”), and including the time within which COMPANY is to cure the default and respond, in
accordance with subsection 22(B). COMPANY may request additional time to cure the default;
CITY shall not unreasonably deny any such request.
(i) The City Administrator shall review any written response from
COMPANY and decide the matter or refer the matter to the City Council
for consideration pursuant to this Section. If the City Administrator’s
decision is adverse to COMPANY, the City Administrator may order
remedial actions to cure any deficiencies or invoke any other remedy in
accordance with this Agreement and, in the event the City Administrator
determines that there has been a material breach and that termination is the
appropriate remedy, terminate this Agreement. The City Administrator
shall promptly inform COMPANY of the City Administrator’s decision.
In the event the decision is adverse to COMPANY, the City Administrator
shall inform COMPANY, in writing, of the specific facts found and
evidence relied on, and the legal basis in provisions of this Agreement or
other laws, for the City Administrator’s decision and any remedial action
taken or ordered. An adverse decision by the City Administrator shall be
final and binding on COMPANY unless COMPANY files a “Notice of
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Appeal” with the City Clerk (with copies to the City Administrator and
City Attorney) within seven (7) days of receipt of the notification of the
adverse decision by the City Administrator.
(ii) In any “Notice of Appeal” to the City Council, COMPANY shall state all
of its factual and legal contentions, citing provisions of this Agreement or
other laws to support its contentions. Within twenty-one (21) days of the
filing of the Notice of Appeal with the City Clerk, COMPANY shall
deliver to the City Clerk three (3) copies of all relevant affidavits,
documents, photographs and recordings that COMPANY may choose to
submit.
(E) If a matter is referred by the City Administrator to the City Council, or an adverse
decision of the City Administrator is appealed to the City Council by COMPANY, the City Clerk
shall set the matter for a hearing before the City Council. The City Clerk shall give COMPANY
thirty (30) days written notice of the time and place of the hearing. At the hearing, the City
Council shall consider the administrative record, including the following:
(i) A staff report by the City Administrator, summarizing the proceedings to
date and outlining the City Council’s options;
(ii) The City Administrator’s written Notice of Default;
(iii) COMPANY’s response to the Notice of Default;
(iv) The City Administrator’s written notification to COMPANY of adverse
decision;
(v) COMPANY’s Notice of Appeal to the City Clerk; and
(vi) Any evidence submitted by COMPANY pursuant to paragraph (ii) of
subsection 22(D).
No new legal issues may be raised, or new evidence submitted by COMPANY at this or at any
further point in the proceedings, absent a showing of good cause. COMPANY’s representatives
and other interested persons shall be provided a reasonable opportunity to be heard.
(F) Based on the administrative record, the City Council shall determine by resolution
whether the decision or order of the City Administrator should be upheld. A tie vote of the City
Council shall be regarded as upholding the decision of the City Administrator. If, based upon the
administrative record, the City Council determines that the performance of COMPANY is in
breach of any provision of the Agreement or of any applicable federal, State or local statute or
regulation, the City Council, in the exercise of its discretion, may order COMPANY to take
remedial actions to cure the breach or impose any other remedy in accordance with this
Agreement, including but not limited to termination. The decision or order of the City Council
shall be final and binding.
9.1.b
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(G) COMPANY’s performance under this Agreement is not excused during the period of
time prior to a final determination as to whether or not COMPANY’s performance is in material
breach of this Agreement, or the time set by CITY for COMPANY to discontinue a portion or all
of its services pursuant to this Agreement.
(H) CITY reserves the right to terminate this Agreement in the event that COMPANY
fails to cure any default within the applicable cure periods, including but not limited to the
following:
(i) if COMPANY violates any material provision of any Applicable Law;
(ii) if COMPANY fails to maintain the insurance or bonds required by Section
14, or fails to pay to CITY any monies due CITY pursuant to this
Agreement, and fails to remedy such default within five (5) days after
written notice thereof from CITY;
(iii) there is a seizure or attachment (other than a prejudgment attachment) of,
or levy affecting possession on, the operating equipment of COMPANY,
including without limit its vehicles, maintenance or office facilities, or any
part thereof of such proportion as to impair COMPANY’s ability to
perform under this Agreement and which cannot be released, bonded, or
otherwise lifted within forty-eight (48) hours excluding weekends and
Holidays;
(iv) COMPANY fails to provide reasonable assurances of performance;
(v) COMPANY fails to notify CITY in a timely manner of any receipt by
COMPANY of any notice of violation or official communication from
those regulatory agencies regulating Solid Waste, Construction and
Demolition Debris, Recyclable Materials, and Organic Material Collection
Services, transportation, Processing or Disposal activities, or street
sweeping activities;
(vi) If COMPANY violates in any material respect any orders or filings of any
regulatory body having jurisdiction over COMPANY relative to this
Agreement, provided that COMPANY may contest any such orders or
filings by appropriate proceedings conducted in good faith, in which case
no breach of this Agreement shall be deemed to have occurred until a final
decision adverse to COMPANY is entered;
(vii) if COMPANY ceases to provide Collection Services as required under this
Agreement over all or a substantial portion of the area within the City, for
a period of two (2) days or more, for any reason within the control of
COMPANY, including but not limited to labor disputes;
9.1.b
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(viii) if COMPANY fails to make any payment required under this Agreement
and/or refuses to provide CITY with required information, reports, and/or
records in a timely manner as provided for in this Agreement;
(I) Notwithstanding Sections 22 (A), 22(B) and 22(C), CITY reserves the right to
terminate this Agreement, without the need to provide COMPANY an opportunity to cure, in the
event of any of the following:
(i) if COMPANY practices, or attempts to practice, any fraud or deceit upon
CITY, or practiced any fraud or deceit or made any misrepresentations in
the negotiations which preceded the execution of this Agreement;
(ii) if COMPANY has received three (3) or more written Notices of Default in
any twelve (12) month period, irrespective of whether or not the act or
omission set forth in the notice was corrected or remedied within the time
set forth in the notice, but excluding notices where, after investigation, the
City Administrator or City Council has determined that no default
occurred, and also excluding notices relating to matters that are trivial.
Section 23. Compliance With Laws and Regulations
In the performance of this Agreement, COMPANY shall comply with all applicable laws,
including implementing regulations, as they may be amended from time to time, including, but not
limited to, the Comprehensive Environmental Response, Compensation and Liability Act
("CERCLA") 42 U.S.C. Sections 9601 et seq., the Resource Conservation and Recovery Act, 42
U.S.C. Sections 6901, et seq., the California Integrated Waste Management Act of 1989, the
provisions of the SB 1383 Final Regulations that apply directly to COMPANY by operation of
law or are duties of COMPANY under this Agreement, all applicable air pollution control laws,
applicable California labor laws, and all other applicable laws of the United States of America, the
State of California, the County of Santa Clara, ordinances of the City, the requirements of Local
Enforcement Agencies and other agencies with jurisdiction.
Section 24. General Contract 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 COMPANY shall comply fully with all 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 that are
directly applicable to COMPANY’s performance of this Agreement. ADA liability is not
9.1.b
Packet Pg. 204 Attachment: Proposed Franchise Agreement (4046 : Franchise Agreement Urgency Ordinance)
40
excluded from the indemnification and defense obligations of COMPANY under this
Agreement.
(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 party 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 COMPANY shall keep itself informed of all
Applicable Laws which directly relate to and 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 performed
by COMPANY under this Agreement. Without limiting the foregoing, COMPANY 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. COMPANY certifies that to the best of its knowledge, no
CITY employee or officer of any public agency interested in this Agreement has any pecuniary
interest in the business of COMPANY that may result in a violation of Government Code
Section 1090 or the California Political Reform Act.
(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
COMPANY 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 conversations 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
9.1.b
Packet Pg. 205 Attachment: Proposed Franchise Agreement (4046 : Franchise Agreement Urgency Ordinance)
41
any documents comprising this Agreement. Such other agreements or conversations shall be
considered as unofficial information and in no way binding upon CITY.
(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) Waiver. COMPANY 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.
[Signature page follows.]
9.1.b
Packet Pg. 206 Attachment: Proposed Franchise Agreement (4046 : Franchise Agreement Urgency Ordinance)
42
IN WITNESS THEREOF, these parties have executed this Agreement on the day and
year shown below.
ATTEST: THE CITY OF GILROY
________________________________
City Clerk City Administrator
Date: Date:
RECOLOGY SOUTH VALLEY
By: Salvatore M. Coniglio
Chief Executive Officer
APPROVED AS TO FORM
City Attorney
Date:________________________________
9.1.b
Packet Pg. 207 Attachment: Proposed Franchise Agreement (4046 : Franchise Agreement Urgency Ordinance)
Current Add New
DESCRIPTION Rates 13.12%Rates
1. Residential Customers and Multi-Family Can Customers (Including Recycling).
1-Can (32 gallon)35.73 4.69 40.42
2-Cans (64 gallon)51.11 6.70 57.81
3-Cans (96 gallon)66.89 8.77 75.66
4-Cans (128 gallon)85.43 11.20 96.63
Each Additional Can (32 gallon)18.53 2.43 20.96
Extra Can/Bag Tag 7.43 0.97 8.40
Bulky Item Pickup (Plus Disposal Cost)22.27 2.92 25.19
Toter Subscription Changes 18.53 2.43 20.96
RETURNED TRIP COLLECTION 39.82
Low Income Senior
1-Can (32 gallon)30.18 3.96 34.14
2-Cans (64 gallon)42.72 5.60 48.32
3-Cans (96 gallon)55.82 7.32 63.14
4-Cans (128 gallon)68.92 9.04 77.96
Hillside
1-Can (32 gallon)43.06 5.65 48.71
2-Cans (64 gallon)61.19 8.03 69.22
3-Cans (96 gallon)79.77 10.46 90.23
4-Cans (128 gallon)98.34 12.90 111.24
2. Residential Customers on Private Roadways (No Street Sweeping)
1-Can (32 gallon)33.84 4.44 38.28
2-Cans (64 gallon)49.22 6.46 55.68
3-Cans (96 gallon)65.00 8.52 73.52
4-Cans (128 gallon)83.54 10.96 94.50
Each Additional Can (32 gallon)17.01 2.23 19.24
Extra Can/Bag Tag 7.43 0.97 8.40
Bulky Item Pickup (Plus Disposal Cost)22.27 2.92 25.19
Toter Subscription Changes 18.53 2.43 20.96
Low Income Senior
1-Can (32 gallon)28.29 3.71 32.00
2-Cans (64 gallon)40.83 5.35 46.18
3-Cans (96 gallon)53.93 7.07 61.00
4-Cans (128 gallon)67.03 8.79 75.82
Hillside
1-Can (32 gallon)41.17 5.40 46.57
2-Cans (64 gallon)59.30 7.78 67.08
3-Cans (96 gallon)77.88 10.21 88.09
4-Cans (128 gallon)96.45 12.65 109.10
1-Can (32 gallon) Contaminated 10.11
2-Cans (64 gallon) Contaminated 14.45
3-Cans (96 gallon) Contaminated 18.92
4-Cans (128 gallon) Contaminated 24.16
3. Multi-Family Bin Customer Recycling
Bulky Item Pickup (Plus Disposal Cost)22.27 2.92 25.19
4. Commercial and Multi-Family Bin Customer (Refuse)
1-Can (32 gallon)35.73 4.69 40.42
2-Cans (64 gallon)53.88 7.07 60.95
3-Cans (96 gallon)72.49 9.51 82.00
4-Cans (128 gallon)91.04 11.94 102.98
Each Additional Can (32 gallon)20.45 2.68 23.13
5. Commercial and Multi-Family Bin Customer (Organics)
1-Can (32 gallon)28.29 3.71 32.00
2-Cans (64 gallon)42.80 5.61 48.41
RECOLOGY SOUTH VALLEY
CITY OF GILROY
RATES EFFECTIVE DECEMBER 1, 2022
Exhibit A
Schedule of Rates 9.1.b
Packet Pg. 208 Attachment: Proposed Franchise Agreement (4046 : Franchise Agreement Urgency Ordinance)
Current Add New
DESCRIPTION Rates 13.12%Rates
RECOLOGY SOUTH VALLEY
CITY OF GILROY
RATES EFFECTIVE DECEMBER 1, 2022
3-Cans (96 gallon)57.69 7.57 65.26
4-Cans (128 gallon)72.53 9.51 82.04
Each Additional Can (32 gallon)16.06 2.11 18.17
1-Can (32 gallon) Contaminated 10.11
2-Cans (64 gallon) Contaminated 15.24
3-Cans (96 gallon) Contaminated 20.50
4-Cans (128 gallon) Contaminated 25.75
6. Commercial Front Loader Service Rates
1 Yard F/L (1x/wk)163.87 21.49 185.36
1 Yard F/L (2x/wk)307.31 40.30 347.61
1 Yard F/L (3x/wk)450.73 59.11 509.84
1 Yard F/L (4x/wk)594.18 77.93 672.11
1 Yard F/L (5x/wk)737.60 96.74 834.34
1 Yard F/L (6x/wk)881.06 115.55 996.61
1 Yard F/L (on call)120.48
2 Yard F/L (1x/wk)237.32 31.12 268.44
2 Yard F/L (2x/wk)445.20 58.39 503.59
2 Yard F/L (3x/wk)653.05 85.65 738.70
2 Yard F/L (4x/wk)860.98 112.92 973.90
2 Yard F/L (5x/wk)1068.82 140.18 1,209.00
2 Yard F/L (6x/wk)1276.72 167.44 1,444.16
2 Yard F/L (on call)154.26 20.23 174.49
3 Yard F/L (1x/wk)341.81 44.83 386.64
3 Yard F/L (2x/wk)643.87 84.44 728.31
3 Yard F/L (3x/wk)945.83 124.05 1,069.88
3 Yard F/L (4x/wk)1247.85 163.66 1,411.51
3 Yard F/L (5x/wk)1549.86 203.27 1,753.13
3 Yard F/L (6x/wk)1851.85 242.87 2,094.72
3 Yard F/L (on call)219.94 28.85 248.79
4 Yard F/L (1x/wk)458.37 60.12 518.49
4 Yard F/L (2x/wk)866.80 113.68 980.48
4 Yard F/L (3x/wk)1275.19 167.24 1,442.43
4 Yard F/L (4x/wk)1683.64 220.81 1,904.45
4 Yard F/L (5x/wk)2092.11 274.38 2,366.49
4 Yard F/L (6x/wk)2500.49 327.94 2,828.43
4 Yard F/L (on call)305.46 40.06 345.52
6 Yard F/L (1x/wk)667.36 87.53 754.89
6 Yard F/L (2x/wk)1268.75 166.40 1,435.15
6 Yard F/L (3x/wk)1870.18 245.28 2,115.46
6 Yard F/L (4x/wk)2471.57 324.15 2,795.72
6 Yard F/L (5x/wk)3072.95 403.02 3,475.97
6 Yard F/L (6x/wk)3674.35 481.90 4,156.25
6 Yard F/L (on call)418.79 54.93 473.72
Front Loader Special (per cubic yard)25.49 3.34 28.83
Commercial Front Loader Service Organics rates
1 Yard F/L (1x/wk)130.80 17.15 147.95
1 Yard F/L (2x/wk)245.55 32.20 277.75
1 Yard F/L (3x/wk)360.28 47.25 407.53
2 Yard F/L (4x/wk)475.05 62.30 537.35
1 Yard F/L (5x/wk)589.78 77.35 667.13
1 Yard F/L (6x/wk)704.55 92.40 796.95
1 Yard F/L Contaminated Recycle and Organics 46.34
1 Yard F/L (on call)85.16 11.17 96.33
2 Yard F/L (1x/wk)189.56 24.86 214.42
2 Yard F/L (2x/wk)355.86 46.67 402.53
2 Yard F/L (3x/wk)522.15 68.48 590.63
2 Yard F/L (4x/wk)688.49 90.30 778.79
2 Yard F/L (5x/wk)854.76 112.10 966.86
2 Yard F/L (6x/wk)1021.09 133.92 1,155.01
2 Yard F/L (on call)123.41 16.19 139.60
2 Yard F/L Contaminated Recycle and Organics 67.11
Exhibit A
Schedule of Rates 9.1.b
Packet Pg. 209 Attachment: Proposed Franchise Agreement (4046 : Franchise Agreement Urgency Ordinance)
Current Add New
DESCRIPTION Rates 13.12%Rates
RECOLOGY SOUTH VALLEY
CITY OF GILROY
RATES EFFECTIVE DECEMBER 1, 2022
3 Yard F/L (1x/wk)273.15 35.82 308.97
3 Yard F/L (2x/wk)514.80 67.52 582.32
3 Yard F/L (3x/wk)756.37 99.20 855.57
3 Yard F/L (4x/wk)997.99 130.89 1,128.88
3 Yard F/L (5x/wk)1239.59 162.57 1,402.16
3 Yard F/L (6x/wk)1481.19 194.26 1,675.45
3 Yard F/L (on call)175.95 23.08 199.03
3 Yard F/L Contaminated Recycle and Organics 96.66
4 Yard F/L (1x/wk)366.41 48.06 414.47
4 Yard F/L (2x/wk)693.14 90.91 784.05
4 Yard F/L (3x/wk)1019.86 133.76 1,153.62
4 Yard F/L (4x/wk)1346.61 176.61 1,523.22
4 Yard F/L (5x/wk)1673.39 219.47 1,892.86
4 Yard F/L (6x/wk)2000.08 262.31 2,262.39
4 Yard F/L (on call)244.37 32.05 276.42
4 Yard F/L Contaminated Recycle and Organics 129.62
6 Yard F/L (1x/wk)533.60 69.98 603.58
6 Yard F/L (2x/wk)1014.71 133.08 1,147.79
6 Yard F/L (3x/wk)1495.84 196.18 1,692.02
6 Yard F/L (4x/wk)1976.96 259.28 2,236.24
6 Yard F/L (5x/wk)2458.07 322.38 2,780.45
6 Yard F/L (6x/wk)2939.18 385.48 3,324.66
6 Yard F/L (on call)335.05 43.94 378.99
6 Yard F/L Contaminated Recycle and Organics 188.72
Front Loader Special (per cubic yard)20.39 2.67 23.06
6. Compactor Service
Front Loader (per cubic yard)54.80 7.19 61.99
3-yd F/L compactor (1x/wk)709.22 93.02 802.24
3-yd F/L compactor (2x/wk)1416.50 185.78 1,602.28
3-yd F/L compactor (3x/wk)2123.79 278.54 2,402.33
Front Loader (Contaminated per cubic yard) Recycle and Organics 61.99
7. Debris Box Rates
20 Cubic Yard Debris Box,576.73 75.64 652.37
Per ton charge (over 3 tons)111.37 14.61 125.98
40 Cubic Yard Debris Box,961.11 126.05 1,087.16
Per ton charge (over 6 tons)111.37 14.61 125.98
20 Cubic Yard Debris Box, (organics)461.39 60.51 521.90
Per ton charge (over 3 tons)89.09 11.68 100.77
40 Cubic Yard Debris Box, (organics)768.89 100.84 869.73
Per ton charge (over 6 tons)89.09 11.68 100.77
Debris Box Compactors 54.43 7.14 61.57
(per cubic yard of capacity)
20 Cubic Yard Debris Box (recyclable)357.23 46.85 404.08
40 Cubic Yard Debris Box (recyclable)632.19 82.91 715.10
PERM RENTAL 297.60 39.03 336.63
20 Cubic Yard Debris Box, (organics) Contaminated 652.37
Per ton charge (over 3 tons) Contaminated 125.98
40 Cubic Yard Debris Box, (organics) Contaminated 1,087.16
Per ton charge (over 6 tons) Contaminated 125.98
Debris Box Return Trip Fee 75.00
8. Additional Street Sweeping
M-F 8:00am-5:00pm (Per Hour)136.89 17.95 154.84
Sat-Sun 8:00am-5:00pm-Per Hr+4hr Minimum 228.17 29.92 258.09
Exhibit A
Schedule of Rates 9.1.b
Packet Pg. 210 Attachment: Proposed Franchise Agreement (4046 : Franchise Agreement Urgency Ordinance)
No later than March 1 of each agreement year, COMPANY shall annually submit to City
for approval its calculation of the percentage adjustment to be applied to customer rates
during the following contract year. The adjustment shall be calculated using the
following components and sub-components:
(1)Consumer Price Index (CPI) Component.
The CPI Component is equal to 83.5% and the Consumer Price Index” or “CPI” means
the Consumer Price Index (CPI) All Urban Consumers for the San Francisco - Oakland -
San Jose Metropolitan Area, base period 1982-84=100. This index is used to adjust the
portion of rates that the parties have agreed represents costs for labor, capitalized
equipment, equipment parts, repair and maintenance, facilities, utilities, insurance,
administration and other necessary and reasonable costs not specified below.
COMPANY shall calculate the percentage change between the CPI values published for
October of the two immediately preceding years before the date of the rate application.
The calculated annual percentage change is then multiplied by 83.5% and the resulting
percentage shall equal the applicable CPI Component Adjustment.
(2)Fuel Component.
The Fuel Component is equal to 3.5% of each service rate. This component is used to
adjust the portion of rates that the parties have agreed represents the cost of fuel used
by COMPANY for its operations. It is adjusted by the percentage change in unit cost per
therm for natural gas fuel charged to COMPANY by its natural gas fuel provider,
currently Pacific Gas & Electric (PG&E) under Rate Schedule G-NGV1.
COMPANY shall calculate the average monthly cost per therm for each of the two most
recent years ending October 31 and then calculate the percentage change between the
average monthly cost per therm for those two years. The average monthly cost per
therm for each year is calculated by summing the twelve month “Total G-NGV1
Charges” that appear on the PG&E billings and dividing that total by twelve (12). The
calculated annual percentage change is multiplied by 3.5% and the resulting percentage
shall equal the applicable Fuel Component Adjustment.
The term “Natural gas” may also include methane fuel from other sources, including but
not limited to methane fuel produced from landfill, dairy or digester gas. Cost for fuel
from such other source will be adjusted based on the change in the applicable average
annual cost per therm in the most recent year ending October 31.
If more than one methane fuel source is used, COMPANY shall calculate a weighted
unit cost based on the proportional cost and quantity of fuel used from each fuel source.
That weighted unit cost would then be compared to the unit cost per therm from the
preceding year to determine the annual percent change in unit cost per therm. The
result would then be multiplied by 3.5%.
(3)Disposal Component.
Exhibit A 2
Rate Adjustment Formula 9.1.b
Packet Pg. 211 Attachment: Proposed Franchise Agreement (4046 : Franchise Agreement Urgency Ordinance)
(5)Exceptional Costs Component.
In addition to the adjustments based on the components set forth above in Sections (1)
through (4), the rates will be adjusted in an amount sufficient for Contractor to recover
the EXCEPTIONAL COSTS described in Section 8(C) that were incurred during the
previous year and the amount of the solid waste implementation fee that Contractor
shall be required to pay during the upcoming rate year. Examples of Exceptional Cost
changes include, but are not limited to:
•Cost of Performance Audit
•Cost of compost provided by COMPANY pursuant to Section 5(J)
•Cost of City-requested homeless encampment and other cleanup events
•Cost of City-requested disposal vouchers
Exhibit A 2
Rate Adjustment Formula
The Disposal Component is equal to 10.5% of each service rate and this component is
used to adjust the portion of rates that the parties have agreed represents the cost of
disposing solid waste at the designated disposal facility. It is annually adjusted by the
percent of change in the unit cost of disposal, measured in dollars per ton disposed.
COMPANY shall calculate the percentage change in the unit cost of disposal between
the two invoices for the month of October for the two most recent years ending October
31. The calculated annual percent change is then multiplied by 10.5% and the resulting
percentage shall equal the applicable Disposal Component Adjustment.
(4) Recyclables Processing Component.
This Recyclables Processing Component is equal to 2.5% of each service rate and is
used to adjust the portion of rates that the parties have agreed represents the cost of
processing recyclable materials delivered to a recycling processing facility. It is annually
adjusted by the percent of change in the unit cost, of processing, including amounts for
any revenue received from COMPANY from the processor for recyclable material
delivered by COMPANY for processing, measured in dollars per ton processed.
COMPANY shall compare the unit cost of (or revenue from) processing for the most
recent year ending October 31 to the corresponding unit cost from the preceding year.
For the initial year of the term only, the preceding year cost is agreed to be $35 per ton
processed. The calculated annual percentage change is then multiplied by 2.5% and
the resulting percentage shall equal the Recyclables Processing Component
Adjustment.
If in the preceding year, net transactions between the processor and COMPANY
resulted in processer paying COMPANY for recycled materials, COMPANY shall divide
the net revenues by the tons delivered to calculate revenue per ton. Revenue per ton
will be compared to the unit cost of processing (or preceding year unit revenue, if
applicable) for the preceding year to calculate the change in unit value. For example, $5
per ton revenue would equal a net change of $40 (-$5 - $35) per ton if the preceding
year processing cost was $35 per ton. This example would produce a cost component
decrease calculated as (-$5 - $35) / $35, or -114.28%. That cost component decrease
would then be applied to 2.5% of COMPANY’s current rates.
9.1.b
Packet Pg. 212 Attachment: Proposed Franchise Agreement (4046 : Franchise Agreement Urgency Ordinance)
The net total of Exceptional Cost will be divided by COMPANY’S Annualized Billed
Revenue and the resulting percentage shall equal the applicable Exceptional Costs
Component Adjustment. Annualized Billed Revenue is defined as two times
COMPANY’s billed revenues for the six months ending the preceding December 31 of
each year, minus the amount included as Exceptional Costs expended by COMPANY in
the prior year’s rate adjustment application.
(6)Calculation of Adjustment to Maximum Service Rates
Contractor shall calculate the sum of the CPI Component Adjustment, Fuel Component
Adjustment, Disposal Component Adjustment, Recyclables Processing Component
Adjustment, and Exceptional Costs Component Adjustment calculated in Sections (1)
through (5). The resulting percentage shall be equal to the percentage rate increase
that will be applied to each of the maximum service rates that shall become effective
July 1 of each agreement year (the “Total Rate Adjustment Percentage”). An example of
the calculation of the Total Rate Adjustment Percentage appears on the following
pages.
Finally, COMPANY adjusts its current service rates by the Total Rate Adjustment
Percentage to calculate its proposed maximum service rates for the following year.
Exhibit A 2
Rate Adjustment Formula 9.1.b
Packet Pg. 213 Attachment: Proposed Franchise Agreement (4046 : Franchise Agreement Urgency Ordinance)
Rate change calculation formula X (1) - X (2)
X (2)
1)CPI Index Component
X (1) = October, 2021 =313.265
X (2) = October, 2020 =301.736
CPI =313.265 - 301.736
301.74
CPI =3.82%
Percentage Applicable 83.5%
83.5% of CPI =3.19%
2)Fuel (PG&E Schedule G-NGV1)
X (1) = 12-mo Average ended Oct-21 =0.860
X (2) = 12-mo Average ended Oct-20 =0.740
Fuel =0.86 - 0.74
0.74
Fuel =16.22%
Percentage Applicable 3.5%
3.5% of Fuel =0.57%
3)Disposal Component
X (1) = MSW Disposal Rate January 2021 25.59
X (2) = MSW Disposal Rate January 2020 25.34
Disposal Change =25.59 - 25.34
25.34
Disposal Change =0.99%
Percentage Applicable 10.5%
10.5% of Disposal =0.10%
4)Recyclables Processing Component
X (1) = Recyclables unit cost per ton 2021 35.00
X (2) = Recyclables unit cost per ton 2020 30.00
Recyclables unit cost per ton Change =35 - 30
30.00
Recyclables unit cost per ton Change =16.67%
Percentage Applicable 2.5%
2.5% of Recyclables Processing =0.42%
5)Exceptional Costs
Annualized Billed Revenue 12,000,000
Remove Prior Year Exceptional Costs (48,000)
Performance Audit 0
City requsted homeless encampment
and other clean-up events 5,000
City requested dispoals vouchers 2,500
Annual Mandatory Implementation Funds 30,000
Other City requested item a 5,000
Other City requested item b 1,000
Other City requested item c 250
Current Year Exceptional Costs 43,750
TOTAL EXCEPTIONAL COSTS (4,250)
Exceptional Costs Adjustment =-0.04%
Total rate adjustment (1+2+3+4+5)4.24%
RECOLOGY SOUTH VALLEY
CITY OF GILROY
RATE ADJUSTMENT EXAMPLE
EFFECTIVE JULY 1, XXXX
Exhibit A 2
Rate Adjustment Formula 9.1.b
Packet Pg. 214 Attachment: Proposed Franchise Agreement (4046 : Franchise Agreement Urgency Ordinance)
https://data.bls.gov/cgi-bin/srgate CUURS49BSA0
Exhibit A 2
Rate Adjustment Formula 9.1.b
Packet Pg. 215 Attachment: Proposed Franchise Agreement (4046 : Franchise Agreement Urgency Ordinance)
http://www.pge.com/nots/rates/tariffs/GRF.SHTML#GNGV1
Effective
Date
Advice
Number
Customer
Charge
Procureme
nt Charge
Transportat
ion Charge
Total G-
NGV1
Charge4/
Cap-and-
Trade Cost
Exemption
Credit 5/
PPP
Surcharge4/
($/day)
01/01/19 4052-G $0.44121 $0.38544 $0.39675 $0.78219 $0.04781 $0.02811
02/01/19 4063-G $0.44121 $0.41033 $0.39675 $0.80708 $0.04781 $0.02811
03/01/19 4070-G $0.44121 $0.33998 $0.39675 $0.73673 $0.04781 $0.02811
04/01/19 4079-G $0.44121 $0.26565 $0.40300 $0.66865 $0.04781 $0.02811
05/01/19 4092-G $0.44121 $0.17121 $0.40300 $0.57421 $0.04781 $0.02811
06/01/19 4102-G $0.44121 $0.15989 $0.40300 $0.56289 $0.04781 $0.02811
07/01/19 4113-G $0.44121 $0.23873 $0.40300 $0.64173 $0.04781 $0.02811
08/01/19 4122-G $0.44121 $0.25501 $0.35867 $0.61368 $0.04781 $0.02811
09/01/19 4135-G $0.44121 $0.21066 $0.35867 $0.56933 $0.04781 $0.02811
10/01/19 4148-G $0.44121 $0.21928 $0.37707 $0.59635 $0.04781 $0.02811
11/01/19 4172-G $0.44121 $0.27540 $0.37707 $0.65247 $0.04781 $0.02811
12/01/19 4183-G $0.44121 $0.34410 $0.37707 $0.72117 $0.04781 $0.02811
01/01/20 4199-G $0.44121 $0.39729 $0.39035 $0.78764 $0.04893 $0.02857
02/01/20 4209-G $0.44121 $0.38623 $0.39035 $0.77658 $0.04893 $0.02857
03/01/20 4222-G $0.44121 $0.27579 $0.51148 $0.78727 $0.05161 $0.02857
04/01/20 4230-G $0.44121 $0.17368 $0.51148 $0.68516 $0.05161 $0.02857
05/01/20 4240-G $0.44121 $0.16308 $0.51148 $0.67456 $0.05161 $0.02857
06/01/20 4251-G $0.44121 $0.18301 $0.51148 $0.69449 $0.05161 $0.02857
07/01/20 4265-G $0.44121 $0.17652 $0.51148 $0.68800 $0.05161 $0.02857
08/01/20 4277-G $0.44121 $0.22119 $0.51148 $0.73267 $0.05161 $0.02857
09/01/20 4300-G $0.44121 $0.35702 $0.51148 $0.86850 $0.05161 $0.02857
10/01/20 4313-G $0.44121 $0.31912 $0.51483 $0.83395 $0.05161 $0.02857
11/01/20 4327-G $0.44121 $0.39607 $0.51483 $0.91090 $0.05161 $0.02857
12/01/20 4337-G $0.44121 $0.420933/$0.51483 $0.93576 $0.05161 $0.02857
01/01/21 4347-G $0.44121 $0.42688 $0.52017 $0.94705 $0.07366 $0.04308
02/01/21 4372-G $0.44121 $0.42371 $0.52017 $0.94388 $0.07366 $0.04308
03/01/21 4390-G $0.44121 $0.35715 $0.55521 $0.91236 $0.07366 $0.04308
04/01/21 4408-G $0.44121 $0.15796 $0.55521 $0.71317 $0.07366 $0.04308
05/01/21 4426-G $0.44121 $0.14327 $0.55521 $0.69848 $0.07366 $0.04308
06/01/21 4439-G $0.44121 $0.15061 $0.55433 $0.70494 $0.07366 $0.04308
07/01/21 4455-G $0.44121 $0.12506 $0.55433 $0.67939 $0.07366 $0.04308
08/01/21 4470-G $0.44121 $0.15999 $0.55433 $0.71432 $0.07366 $0.04308
09/01/21 4480-G $0.44121 $0.37864 $0.55433 $0.93297 $0.07366 $0.04308
10/01/21 4497-G $0.44121 $0.61632 $0.55433 $1.17065 $0.07366 $0.04308
11/01/21 4515-G $0.44121 $0.74245 $0.55433 $1.29678 $0.07366 $0.04308
12/01/21 4532-G $0.44121 $0.75586 $0.55433 $1.31019 $0.07366 $0.04308
01/01/22 4542-G $0.44121 $0.69158 $0.64160 $1.33318 $0.10234 $0.04380
02/01/22 4559-G $0.44121 $0.66224 $0.64160 $1.30384 $0.10234 $0.04380
03/01/22 4578-G $0.44121 $0.54679 $0.64160 $1.18839 $0.10234 $0.04380
04/01/22 4589-G $0.44121 $0.45563 $0.63517 $1.09080 $0.10235 $0.04380
05/01/22 4602-G $0.44121 $0.56892 $0.63517 $1.20409 $0.10235 $0.04380
06/01/22 4614-G $0.44121 $0.62615 $0.63517 $1.26132 $0.10235 $0.04380
07/01/22 4622-G $0.44121 $0.66807 3/$0.63517 $1.30324 $0.10235 $0.04380
1/ Rate Schedule G-NGV1 was converted to Standard Status, rather than Experimental, effective August 30, 2008, due to Advice Letter 2945-G.
2/ Unless otherwise noted.
3/ This procurement rate includes a charge of $0.01115 per therm to reflect account balance amortizations in accordance with Advice Letter 3157-G.
4/ Schedule G-PPPS (Public Purpose Program surcharge) needs to be added to the Total G-NGV1 Charge for bill calculation.
See Schedule G-PPPS for details and exempt customers.
5/ The Cap-and-Trade Cost Exemption Credit is applicable to Covered Entities (i.e., customers that currently have a direct obligation to pay for
allowances directly to the Air Resources Board for their Greenhouse Gas (GHG) emissions) who will see a line item credit on their bill equal to $0.05161
per therm times their monthly billed volumes. See tariff for further explanation.
Pacific Gas and Electric Company
Schedule G-NGV1
Natural Gas Service for Compression1/
on Customers' Premises
January 1, 2019, to December 31, 2020
($/therm2/)
Exhibit A 2
Rate Adjustment Formula 9.1.b
Packet Pg. 216 Attachment: Proposed Franchise Agreement (4046 : Franchise Agreement Urgency Ordinance)
Charge Tons Rate
477.41 18.84 25.34
520.74 20.55 25.34
Exhibit A 2
Rate Adjustment Formula 9.1.b
Packet Pg. 217 Attachment: Proposed Franchise Agreement (4046 : Franchise Agreement Urgency Ordinance)
Charge Tons Rate
541.23 21.15 25.59
522.55 20.42 25.59
Exhibit A 2
Rate Adjustment Formula 9.1.b
Packet Pg. 218 Attachment: Proposed Franchise Agreement (4046 : Franchise Agreement Urgency Ordinance)
RECOLOGY SOUTH VALLEY
CITY OF GILROY
Recyclables unit cost per ton - EXAMPLE
Month Tons Cost/(Revenue)
2021 January 1795 $53,850.00
February 1569 $47,070.00
March 1668 $50,040.00
April 1664 $49,920.00
May 1927 $57,810.00
June 1865 $55,950.00
July 1762 $52,860.00
August 1641 $49,230.00
September 1674 $50,220.00
October 1440 $43,200.00
November 1547 $46,410.00 Cost/(Revenue)
December 1753 $52,590.00 per ton 2021
20,305 $609,150.00 $30.00
Month Tons Cost/(Revenue)
2020 January 1785 $62,475.00
February 1554 $54,390.00
March 1680 $58,800.00
April 1677 $58,695.00
May 1952 $68,320.00
June 1839 $64,365.00
July 1748 $61,180.00
August 1628 $56,980.00
September 1693 $59,255.00
October 1473 $51,555.00
November 1521 $53,235.00 Cost/(Revenue)
December 1734 $60,690.00 per ton 2020
20,284 $709,940.00 $35.00
Exhibit A 2
Rate Adjustment Formula 9.1.b
Packet Pg. 219 Attachment: Proposed Franchise Agreement (4046 : Franchise Agreement Urgency Ordinance)
EXHIBIT B
INSURANCE REQUIREMENTS
COMPANY shall procure and maintain for the duration of the franchise agreement all the
insurance required in this Exhibit B against claims for injuries to persons or damage to property
which may arise from or in connection with the performance of the work hereunder and the results
of that work by the COMPANY, his agents, representatives, employees or subcontractors. With
respect to General Liability, and Pollution Liability coverage should be maintained for a minimum
of five (5) years after the franchise agreement expires. COMPANY shall submit certificates and
additional insured endorsements for review and approval by the CITY. As a material term of this
franchise agreement and as a condition precedent to the CITY’s obligations hereunder,
COMPANY shall provide all required certificates and endorsements of insurance within 15 days
of execution of this Agreement by both parties. COMPANY shall not begin to perform services
under this Agreement until such evidence of insurance is provided. Acceptance of the certificates
shall not relieve COMPANY of any of the insurance requirements, nor decrease the liability or
indemnification obligations of COMPANY. The CITY reserves the right to require COMPANY
to provide insurance policies for review by CITY.
Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence Form
CG 0001 or Claims Made Form CG 0002 or their equivalent forms).
2. Insurance Services Office Form No. CA 0001, covering Automobile Liability, Code 1 (any
auto).
3. Workers’ Compensation insurance as required by the State of California and Employer’s
Liability insurance.
4. Pollution and/or Asbestos Pollution Liability .
Minimum Limits of Insurance
Commercial General Liability Insurance
COMPANY shall take out and maintain during the life of the Agreement Automobile and
Commercial General Liability (CGL) Insurance that provides protection from claims which may
arise from operations or performance under this Agreement. If COMPANY elects to self-insure
(self-fund) any liability exposure during the contract period above $50,000, COMPANY is
required to notify the CITY immediately. Any request to self-insure must first be approved by the
CITY before the changed terms are accepted. The amounts of insurance coverages shall not be less
than the following:
General Liability: $10,000,000/Occurrence, Bodily Injury,
Property Damage: $5,000,000/Occurrence, Bodily Injury, Property Damage.
Should Company choose to engage subcontractors, insurance requirements for those
subcontractors shall be negotiated and determined as part of any mutually agreed-upon written
9.1.b
Packet Pg. 220 Attachment: Proposed Franchise Agreement (4046 : Franchise Agreement Urgency Ordinance)
consent for COMPANY to engage subcontractors under Section 15.A of the Franchise
Agreement.
General Liability
The following coverages or endorsements must be included in the policy(ies):
1. CITY and its Directors, officers, and employees are additional insureds in the policy(ies) as to
the work being performed under this Agreement.
2. The coverage is primary and non-contributory to any other insurance carried by CITY.
3. The policy(ies) cover(s) contractual liability for the assumption of liability through the
indemnity in this Agreement.
4. The policy(ies) is(are) written on an occurrence basis.
5. The policy(ies) cover(s) City property in the COMPANY’s care, custody, and control.
6. The policy(ies) cover(s) personal injury (libel, slander, and wrongful entry and eviction)
liability.
7. The policy(ies) cover(s) products and completed operations.
8. The policy(ies) shall not be canceled nor materially altered unless 30 days' written notice is
given to CITY.
9. The insurance provider must have a minimum AM Best Rating of A:VIII or better.
Auto Liability
1. The policy(ies) cover(s) use of owned, non-owned, and hired automobiles and equipment.
Workers Compensation Insurance
COMPANY shall take out and maintain during the life of the Agreement, Workers Compensation
Insurance in amounts and upon terms and conditions required by Applicable Law, for all of its
employees on the project. In lieu of evidence of Workers Compensation Insurance, CITY will
accept a Self-Insured Certificate from the State of California. COMPANY shall require any sub-
consultant to provide it with evidence of Workers Compensation Insurance in amounts and upon
terms and conditions required by Applicable Law.
Pollution and Remediation Legal Liability Insurance
COMPANY shall take out and maintain during the life of the Agreement Pollution and
Remediation Legal Liability Insurance that provides protection from claims which may arise from
unknown pre-existing and future hazardous materials and environmental liabilities under this
Agreement. The amounts of insurance coverages shall not be less than the following:
Hazardous Waste and Environmental Impairment Liability: $10,000,000/Occurrence
Commercial Crime Coverage
COMPANY shall take out and maintain during the life of the Agreement Commercial Crime
Coverage Insurance that provides protection from claims which may arise from significant losses
caused by internal employees and/or third parties under this Agreement. The amounts of insurance
coverages shall not be less than the following:
Commercial Crime Coverage: $5,000,000/Occurrence
9.1.b
Packet Pg. 221 Attachment: Proposed Franchise Agreement (4046 : Franchise Agreement Urgency Ordinance)
Deductible and Self Insured Retentions
Any deductibles or self-insured retentions must be declared to the Entity. The COMPANY shall
provide evidence satisfactory to the Entity guaranteeing payment of losses and related
investigations, claim administration, and defense expenses.
Other Insurance Provisions
A. The General Liability, Automobile Liability, Pollution policies are to contain, or be
endorsed to contain, the following provisions:
1. The Entity, its officers, officials, employees and volunteers are to be covered as
additional insureds with respect to liability arising out of automobiles owned, leased,
hired or borrowed by or on behalf of the COMPANY; and with respect to liability
arising out of work or operations performed by or on behalf of the COMPANY
including materials, parts or equipment furnished in connection with such work or
operations; Pollution.
2. For any claims related to this project, the COMPANY’s insurance coverage shall be
primary insurance as respects the Entity, its officers, officials, employees, agents and
volunteers, except for Workers’ Compensation and/or Employer’s Liability. Any
insurance or self-insurance maintained by the Entity, its officers, officials, employees,
agents or volunteers shall be excess of the COMPANY’s insurance and shall not
contribute with it.
3. Each insurance policy required by this clause shall be endorsed to state that coverage
shall not be canceled by the Insurer except after endeavoring to provide thirty (30)
days prior written notice to the Entity, except ten (10) days for non-payment of
premium.
4. Coverage shall not extend to any indemnity coverage for the active negligence of the
additional insured in any case where an agreement to indemnify the additional insured
would be invalid under Subdivision (b) of Section 2782 of the Civil Code.
B. The Automobile Liability policy shall be endorsed to delete the Pollution and/or the
Asbestos exclusion and add the Motor Carrier Act endorsement (MCS-90), Broadened
Pollution Liability Coverage – Covered Autos Form #: DA4P05a and/or other
endorsements required by federal or state authorities.
C. If General or Pollution Liability coverages are written on a claims-made form:
1. The “Retro Date” must be shown, and must be before the date of the contract or the
beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least
five (5) years after completion of the contract of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made
policy form with a “Retro Date” prior to the contract effective date, the COMPANY
must purchase “extended reporting” coverage for a minimum of five (5) years after
expiration of the franchise.
9.1.b
Packet Pg. 222 Attachment: Proposed Franchise Agreement (4046 : Franchise Agreement Urgency Ordinance)
4. A copy of the claims reporting requirements must be submitted to the Entity for
review.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VIII if
admitted. Coverage may be written by a Nonadmitted insurance company. A Nonadmitted
company should have an A.M. Best’s rating of A:VIII or higher. Exception may be made for the
State Compensation Insurance Fund when not specifically rated.
Verification of Coverage
COMPANY shall furnish the Entity with endorsements effecting coverage required by this clause.
The endorsements are to be signed by a person authorized by that Insurer to bind coverage on its
behalf. The endorsements are to be on forms provided by the Entity, unless the insurance company
will not use the Entity’s form. All endorsements are to be received and approved by the Entity
before work commences. As an alternative to the Entity’s forms, the COMPANY’s insurer may
provide complete copies of endorsements effecting the coverage required by these specifications.
Subcontractors
COMPANY shall include all subcontractors as insureds under its policies or shall furnish separate
certificates and endorsements for each subcontractor. All coverages for subcontractors shall be
subject to all of the requirements stated herein, except for the General Liability Limits required
and the Pollution Liability coverage in its entirety.
9.1.b
Packet Pg. 223 Attachment: Proposed Franchise Agreement (4046 : Franchise Agreement Urgency Ordinance)
EXHIBIT C
SB 1383 RELATED MATTERS
Defined Terms. This Exhibit uses certain terms defined in Section 18982 of the Final SB 1383
Regulations issued in November 2020 (the “Final Regulations”). For ease of reference, when
such terms are used herein, they are generally capitalized. Unless otherwise defined in this
Agreement or unless the context otherwise requires, as used in this Exhibit, terms defined in said
Section 18982 shall carry the meanings set forth therein.
Compliance Method. The following SB 1383 requirements assume the use of a “standard”
compliance approach in accordance with the Final Regulations. For information purposes only,
and without intending to modify City or Company’s obligations under this Agreement or
applicable law, it is understood between the parties that a "standard” compliance approach means
an approach to compliance other than a Performance-Based Approach pursuant to Section 18998.1
of the Final Regulations, so that the city shall not be entitled to compliance exemptions under
Section 18998.2 of the Final Regulations.
City and Company agree to meet and confer as needed to discuss changes to Company’s operations
related to Exhibit C as necessary or appropriate to meet CalRecycle’s expectations for compliance
with SB 1383. If the changes to the Company’s operations entail additional costs or require
additional services to be provided, Company and City shall mutually agree on the compensation
to be provided to Company in advance of Company’s implementation of such change.
During the Term of this Agreement, City may elect to pursue a “performance-based Source
Separated collection service” approach in accordance with Section 18998.1 as set forth in the Final
Regulations. In general terms, based on the Final Regulations, the performance-based compliance
approach would require provision of at least three Containers for Source Separated Collection of
Discarded Materials to ninety percent (90%) of Residential Customers and to ninety percent (90%)
of Commercial Customers, while reducing some requirements for the City and the Company, as
described in Section 18998.2. The performance-based compliance approach places significant
added responsibility on Processors; Company would coordinate with the Approved Facility(ies)
as necessary to ensure Organic Materials and Recyclable Materials are provided in a form that
allows for Processing in accordance with the Final Regulations. Company would also coordinate
with the Approved Facility(ies) as necessary to ensure Solid Waste characterization studies can be
conducted in accordance with the Final Regulations. Should the City elect to pursue such a
performance-based compliance approach, the City Contract Manager and Company shall meet and
confer at least one (1) year prior to the implementation of the performance-based approach.
Notwithstanding the foregoing or any other provision, Company shall not be required to implement
the performance-based approach or any related services unless and until the parties mutually agree
in writing as to the specific obligations Company is to perform and the compensation to Company
for the same.
Key SB 1383 Staff. Company shall hire three (3) half time fully qualified individuals for the new
Company staff positions of SB 1383 Compliance Specialist, Outreach and Education Specialist,
and Hauler Route Reviewer(s). The SB 1383 Compliance Specialist and Outreach and Education
9.1.b
Packet Pg. 224 Attachment: Proposed Franchise Agreement (4046 : Franchise Agreement Urgency Ordinance)
Specialist shall have primary responsibility for planning and executing all compliance, outreach,
issuance of communication and follow-up levels, and technical assistance activities necessary to
ensure successful implementation of all SB 1383-related requirements of Company set forth in this
Agreement, including managing the work of any technical assistance Subcontractors hired by
Recology at Recology’s sole discretion, as applicable, and ongoing close coordination with the
City Contract Manager and their designees.
Section 1. SB 1383 Inspections and Follow-Up
General. Company shall perform Customer Compliance Reviews and Complaint Investigations
as described in this Section commencing as soon as practicable after the Effective Date of the
contract and no later than June 30, 2023, and at least annually thereafter, unless otherwise noted.
1.1 Commercial Generator Desktop Compliance Reviews
Company shall complete a compliance review of all Multi-Family and Commercial
Customers that subscribe for two (2) cubic yards or more per week of Solid Waste,
including Organic Materials, to determine whether they:
(i) are subscribed for Organic Materials collection service and/or Recyclable
Material collection service, as applicable,
(ii) have an applicable waiver,
(iii) have notified Company in writing that they are in compliance with the Self-
Hauling requirements set forth in Section 18988.3 of the Final Regulations and
the Gilroy City Code, including whether such Commercial Customer is
complying through Back-Hauling Organic Materials, or
(iv) have indicated on their waiver application or in a separate writing to Company
that a hired landscaper hauls their organic waste and that organic waste
generation post-hauling is below the organics recycling subscription threshold
(in which case they need to apply for a De Minimis Waiver, see Section 6.1).
Commercial Generator Desktop Compliance Reviews shall consist of a “desk” review
of records to determine Customers’ compliance with the above requirements and does
not require on-site observation of service.
1.2 Annual Hauler Route Reviews
Beginning as soon as practicable after the Effective Date of the contract and no later than
June 30, 2023, and annually thereafter, the Company shall initiate annual Hauler Route
Reviews of Commercial, Multi-Family, and Single-Family customers in accordance with
the terms set forth in Section 2 of this Exhibit C.
1.3 Food Recovery Compliance Reviews
9.1.b
Packet Pg. 225 Attachment: Proposed Franchise Agreement (4046 : Franchise Agreement Urgency Ordinance)
The City anticipates fulfilling the City’s obligations to address edible food recovery
through its participation in regional programs coordinated by other entities. Company
acknowledges that the collection of and regulatory activities addressing recoverable edible
food that are contemplated by the SB 1383 regulations are outside of the exclusive rights
City grants to Company in this Agreement. Should these other programs fail to adequately
address the City’s obligations for edible food recovery, City and Company may discuss
expanding Company’s activities in order to fulfill City’s regulatory obligations. Should the
City and Company mutually elect to utilize Company’s services to support the Food
Recovery Program, Company may recover its reasonable and necessary costs for
performing these services as EXCEPTIONAL COSTS in its rate application for the year
following provision of the services.
1.4 Complaint Investigations for SB 1383-Noncompliance
A. Reporting to City. Prior to commencement of investigation of complaints received
in which a Person alleges that an entity is in violation of SB 1383 requirements,
Company shall provide a brief complaint report to the City Contract Manager for
each SB 1383-noncompliance complaint within five (5) Working Days of receipt of
such complaint.
B. Investigation. Company shall assist City in meeting its obligation to investigate
written and oral complaints by commencing an investigation within ten (10) business
days of receiving a complaint in the following circumstances: (i) upon Company
receipt of a complaint that an entity may not be compliant with SB 1383; and (ii)
upon City Contract Manager request to investigate a complaint received by City.
Company is required to investigate complaints against Customers only, and not
against Edible Food recovery organizations, Edible Food recovery services, and other
entities regulated by SB 1383, and is only required to investigate complaints related
to services provided by Company.
Company shall investigate the complaint by:
i) Reviewing the Service Level of the Customer; Reviewing the waiver list, if
applicable, to determine if the entity has a valid, City-approved de minimis,
space constraint, or Collection frequency waiver;
ii) Reviewing the Self-Haul customer list, if applicable, to determine if the
customer is on the list;
iii) Contacting the entity to gather more information and inspecting Premises of the
entity identified by the complainant, if warranted;
9.1.b
Packet Pg. 226 Attachment: Proposed Franchise Agreement (4046 : Franchise Agreement Urgency Ordinance)
iv) If non-compliance is confirmed during the process of investigation, then the
Company shall proceed through the levels of communication and follow-up
detailed below in Section 1.5 (A) or (B) as applicable.
C. Documentation of Complaints. The Company shall enter all complaints received or
investigated by Company as required in the Company Implementation Record
including an electronic investigation complaint log that documents the Customer
account in question, the nature of the complaint, the investigation performed, dates
of outreach conducted and/or communication and follow-up levels issued per Section
1.5 (A) or (B), as applicable, whether or not the customer investigated was found to
be in violation of SB 1383, and the final resolution. This information shall be
available to the City Contract Manager as described in Section 8, Reporting, below.
1.5 Communication and Follow-Up for Desktop Compliance Reviews and Complaint
Investigations
A. Non-Compliant Entities through December 31, 2023. When compliance reviews
or complaint investigations are performed by Company, Company shall provide City-
approved educational materials where Company has determined a Customer is either
not properly subscribed for service based on the results of a Commercial Generator
Desktop Compliance Review, where Company has identified Prohibited Container
Contaminants during the performance of a Hauler Route Review (as described in
Section 2), or if a Complaint Investigation confirms a violation. Company shall
provide these educational materials to the non-compliant Customers within two (2)
Working Days of determination of any non-compliance discovered as a result of a
Commercial Generator Desktop Compliance Review or Complaint Investigation or
immediately upon identification of Prohibited Container Contaminants during a
Hauler Route Review.
B. Communication and Follow-Up for Commercial Generator Desktop
Compliance Reviews and Complaint Investigations Beginning January 1, 2024.
If a Commercial Generator Desktop Compliance Review leads to the determination
that a customer is not properly subscribed for service, or if a Complaint
Investigation confirms a violation then Company shall proceed through the levels of
communication and follow-up including:
i) issuance of a Notice of Referral to the City requiring compliance within 40
days of the issuance of that notice, to be issued within two (2) Working Days
of determination of non-compliance, accompanied by outreach and
educational materials;
ii) issuance of a 25-day warning letter that reiterates the non-compliance issue,
action items, and deadline for compliance;
9.1.b
Packet Pg. 227 Attachment: Proposed Franchise Agreement (4046 : Franchise Agreement Urgency Ordinance)
iii) issuance of a 10-day warning letter that reiterates the non-compliance issue,
action items, and deadline for compliance; and
iv) referral to City if non-compliance issue remains unresolved after 45 days of
determination of non-compliance.
For the purpose of this document, the Notice of Referral to City is defined as a
notice that a violation has occurred that includes a compliance date for the non-
compliant customer to avoid an action by City to seek penalties.
When a violation is referred to the City, the Company shall provide the following
information at the time of referral: Customer’s account information, the nature of
the violation, then-current Service Level, Company’s efforts to resolve the violation
to-date, and any other documentation that may be useful to the City as they escalate
communication and follow-up to enforcement that may include penalties and fines.
C. Documentation of Communication and Follow-Up. City Contract Manager shall
be immediately notified of contamination or compliance issues when it will result in
a Referral to the City by the Company. This will provide an opportunity for the City
to witness contamination and take photo documentation.
Company shall keep up-to-date records and documents required in the Company
Implementation Record including Customers and Generators with SB 1383
violations, the type of educational materials provided, levels of communication and
follow-up issued, and the resolution, along with dates the outreach and/or levels of
communication and follow-up were issued. This information shall be available to the
City Contract Manager per the requirements of Section 8, Reporting, below.
Section 2. Hauler Route Review Methodology / SB 1383 Contamination Minimization
Program
Company shall assist in minimizing Contamination by helping to educate Customers on acceptable
and non-acceptable materials, by monitoring the contents of Collection Containers, and by refusing
to Collect Containers with visible Prohibited Container Contaminants.
Commencing with the Effective Date of the contract, Company shall hire staff or a consultant to
complete the Hauler Route Reviews in accordance with the procedures described in this Section
(Section 2). The Hauler Route Reviews shall be completed no later than December 31of each year
of the Agreement. The Company shall conduct Hauler Route Reviews for Prohibited Container
Contaminants in Containers in a manner that is deemed safe by the Company and is conducted in
a manner that results in all Hauler Routes being reviewed annually. Annual Hauler Route Reviews
shall be conducted in accordance with the Annual Hauler Route Review Methodology set forth in
this section. The following reflects the original methodology as established at the effective date
of this agreement. Company and City shall annually review and amend the methodology as needed
9.1.b
Packet Pg. 228 Attachment: Proposed Franchise Agreement (4046 : Franchise Agreement Urgency Ordinance)
to ensure SB 1383 compliance, and any change in methodology agreed to shall be documented in
writing and shall be deemed to be incorporated herein by this reference.
2.1 Annual Hauler Route Review Methodology
At least once annually, Company shall conduct a Route Review for each Hauler Route. A
Hauler Route is the designated weekly itinerary or sequence of stops scheduled to be
performed by one collection vehicle providing regularly scheduled Solid Waste,
Recyclable Material or Organic Material collection services (not on-call or Bulky Item
Collection Program services) within the service area.
For each Route Review, the Company shall visually inspect the contents of the number of
Containers set forth below. Each inspection shall involve observing the contents of the
Container (whether by lifting the lid, using a camera, or other method deemed appropriate
by Company), but shall not require Company to disturb the contents or open any bags. The
Containers shall be randomly selected by a method approved by the City Contract
Manager. For the avoidance of doubt, Company shall not be required to annually inspect
every Container on a Hauler Route.
If Company finds Prohibited Container Contaminants in a Container during a Route
Review, Company shall notify the customer of the violation in writing by following the
communication and follow-up levels described below in Section 2.3. Company may
dispose of the contents of any Container found to contain Prohibited Container
Contaminants.
2.2 Number of Inspections
Containers on Hauler Routes shall be inspected consistent with the Table shown below.
Company may if it wishes, but shall not be required to, inspect more than the number of
Containers identified in the table. Company’s practice shall be to only inspect one
Container per customer service location per Route Review (e.g., 40 Containers = 40
locations). Company may inspect more Containers per location if Company wishes, but
those additional Containers shall not count towards the number in the table.
Route Size (# accounts
serviced per week)
Number of Containers
to be Inspected per
Hauler Route in City’s
Collection
service area
Less than 1,500 25
1,500-4,000 30
4,001-7,000 35
7,001 or more 40
9.1.b
Packet Pg. 229 Attachment: Proposed Franchise Agreement (4046 : Franchise Agreement Urgency Ordinance)
City reserves the right to require additional inspections if the City determines that the
amount of inspections conducted by the Company is insufficient. City may require the
Company to prioritize inspections of entities that the City determines are more likely to be
out of compliance. Company shall be entitled to recover its reasonable and necessary costs
for performing any additional inspections as EXCEPTIONAL COSTS in its rate
application for the year following provision of the services.
2.3 Communication and Follow-Up for Hauler Route Reviews
If Prohibited Container Contaminants are discovered during a Hauler Route Review,
then Company shall proceed through the levels of communication and follow-up
immediately upon determination of non-compliance, including:
i. issuance of a Courtesy Notice with Educational Materials for containers
with <10% contamination by volume; and
ii. issuance of a Notice of Non-Collection with Educational Materials for
containers with >10% contamination by volume, in addition to a Return Trip
Fee and, if applicable, an additional Garbage Collection Fee as described in
Section 2.5.
2.4 Documentation of Hauler Route Reviews
The Company shall maintain documentation for each Hauler Route Review conducted. The
documentation shall include all records and documents relating to Hauler Route Reviews
that are required to be included in the Company Implementation Record, including
noncompliant account numbers, locations of contamination issues, date of identified
contamination, summary of findings, notifications/education issued, number of containers
on route, and number of containers inspected. The foregoing information shall be available
to the City Contract Manager per the requirements of Section 8, Reporting, below.
Company shall permit observation of Route Reviews by the City. In addition, Company
shall upon request by City provide email notice to the City’s Contract Manager of the
upcoming scheduled Hauler Route reviews that includes the specific time(s) and
location(s).
2.5 Assessment of Contamination Fees/Return Trip Fee
No sooner than one hundred twenty (120) days following the Commencement Date,
Company and City shall meet and confer to discuss potential use of Contamination Fees
for Customers that do not properly sort their Discarded Materials. In the event Company
leaves a Customer a non-collection notice as a result of contamination, Company shall
return to Customer Premises to Collect Contaminated materials as garbage and charge a
return trip fee and, if applicable, additional garbage collection fee.
9.1.b
Packet Pg. 230 Attachment: Proposed Franchise Agreement (4046 : Franchise Agreement Urgency Ordinance)
2.6 Communications with Customers
Company shall be the primary contact with customers for the communication and follow-
up set forth in Section 1.3 of this document.
2.7 Disposal of Contaminated Materials
Company may Dispose of Contaminated materials observed in Customer’s Organic
Materials Container or Recyclable Materials Container.
2.8 Reporting Requirements
Company shall maintain records and report to the City Contract Manager on Contamination
monitoring activities and actions taken as required per the Company Implementation
Record. This information shall be available to the City Contract Manager per the
requirements of Section 8, Reporting, below.
Section 3. SB 1383 Container Requirements
To ensure continued compliance with SB 1383 Container color and labeling requirements, and in
coordination with any related activities that occur prior to the Commencement Date, Company
shall confer with the City Contract Manager prior to placing any orders for, purchasing, taking
delivery of, and/or utilizing any new Containers when there are material changes in the cart style,
sizes, labels, colors, etc.
3.1 Color Standards
Company shall provide Collection Containers to customers that comply with color
requirements when replacing containers with any containers that have been newly
purchased by Company. Colors shall be green for organic wastes, blue for recycling, and
grey for landfill waste. Containers provided to customers starting service shall conform to
the above color scheme. Recology and City shall agree to work collaboratively on Debris
Box color standards and labeling.
3.2 Labeling Requirements
Imprinted or In-Mold Labels for New Containers. Commencing with the Effective Date
of the contract, all new Containers provided by the Company that are purchased by
Company shall be imprinted with text or graphic images that indicate the primary materials
accepted and the primary materials prohibited in that Container. Labels shall clearly
indicate items that are Prohibited Container Contaminants for each Container. Prior to
ordering any Containers or lids with in-mold labels, Company shall submit a sample of its
proposed label, proposed location(s) for placement of labels on each type of Container, and
its labeling plan to the Contract Manager for approval.
9.1.b
Packet Pg. 231 Attachment: Proposed Franchise Agreement (4046 : Franchise Agreement Urgency Ordinance)
Section 4. Food Recovery Program
The City anticipates fulfilling the City’s obligations to address edible food recovery through its
participation in regional programs coordinated by other entities. Company acknowledges that the
collection and regulatory activities addressing recoverable edible food that are contemplated by
the SB 1383 regulations are outside of the exclusive rights City grants to Company in this
Agreement. Should these other programs fail to adequately address the City’s obligations for
edible food recovery, City and Company may discuss expanding Company’s activities in order to
fulfill City’s regulatory obligations. Should the City and Company mutually elect to utilize
Company’s services to support the Food Recovery Program, Company may recover its
reasonable and necessary costs for performing these services as EXCEPTIONAL COSTS in its
rate application for the year following provision of the services.
Section 5. Education and Outreach
All program related education and outreach materials designed by Recology and in collaboration
with the City and distributed by the Company in compliance with the requirements of the
Agreement, shall be translated into Spanish. This includes both printed materials and digital
outreach including social media posts, website, etc. All program related education and outreach
efforts designed by Recology and in collaboration with the City shall be documented for
inclusion in the Company Implementation Record including number of people reached, type of
message delivered, distribution type, etc.
Section 6. SB 1383 Generator Waiver Program Coordination
The following SB 1383 waivers are defined in Section 18984.11 as set forth in the Final
Regulations, for implementation, individually or collectively, at City discretion. Should the City
elect to allow one or more Generator waivers pursuant to SB 1383, Company shall coordinate
with City as necessary to comply. Company understands and accepts that Company’s scope of
services, and provision of services may be affected by City grant of waivers.
Company shall cooperate with and coordinate with the City regarding verification of eligibility for
waivers in accordance with the following steps: 1) Company shall respond to Customers requesting
De Minimis or Physical Space waivers and provide the Customer with the appropriate City
application form; 2) Company shall verify the information provided by the customer on the
application, and submit to the City for review; 3) City reviews waiver application materials,
approves or declines the waiver application, and returns to Company the completed application
form that has been updated with City’s approval or denial of the waiver for Company to distribute
to Customer; 4) Company provides Customer with completed application form that indicates
City’s approval or denial of the waiver application; 5) Company maintains an up-to-date list in the
Company Implementation Record of Customers that have been granted waivers by City; and 6) at
least every five years from the date of issuance, Company shall verify that commercial businesses
are still meeting requirements of granted de minimis and physical space waivers. All parts of the
waiver issuance process shall be recorded on one form including Customer application, Company
9.1.b
Packet Pg. 232 Attachment: Proposed Franchise Agreement (4046 : Franchise Agreement Urgency Ordinance)
verification, and City approval/denial.
Company shall verify information included in waiver applications in the following manner and
indicate findings on the application form:
i. For Physical Space Waiver applications, Company will verify whether the Container
storage area(s) at the service address are in Company’s opinion sufficient to add a
Recyclable Materials and/or Organic Materials container (whichever one(s) the Customer
is seeking a physical space waiver for). “Container storage area” means a contiguous area
designated by the Customer for storage of Refuse, Recyclable Materials, and/or Organic
Materials Containers.
ii. For De Minimis Waiver applications, Company will verify the estimated weekly volume
of Organic Materials and/or Recyclable Materials generated by the Customer and
discarded in the Solid Waste Containers at the service address. The estimate shall be
based on a single visual inspection of the contents of Container(s) at the service address.
Each inspection shall involve observing the contents of the Container(s) by the method
deemed appropriate by Company but shall not require Company to disturb the contents or
open any bags.
6.1 De Minimis Waivers (Three-Container Systems)
The City may elect to waive a Commercial Customer’s obligation to comply with some
or all of the Recyclable Materials and Organic Materials requirements as set forth in this
Agreement, pursuant to SB 1383, and in the Municipal Code if the Commercial Customer
provides documentation or the City has evidence demonstrating one of the following de
minimis conditions:
i) The Commercial Customer’s total Solid Waste Collection service is two (2) cubic
yards or more per week, and its Organic Materials or Recyclable fibers comprises
less than twenty (20) gallons per week of organic waste subject to collection, per
applicable Container, of the Commercial Business’ total waste; or,
ii) The Commercial Customer’s total Solid Waste Collection service is less than two (2)
cubic yards per week, and its Organic Materials or Recyclable fibers comprises less
than ten (10) gallons per week of organic waste subject to collection, per applicable
Container, of the Commercial Business’ total waste.
When a Customer submits an application for a De Minimis Waiver and the Customer indicates
on their application that a landscaper hauls away green waste, Company shall collect contact
information from the Customer’s application for the landscaping company that is removing the
organic waste from the site and provide that information to the City as part of the De Minimis
Waiver application.
9.1.b
Packet Pg. 233 Attachment: Proposed Franchise Agreement (4046 : Franchise Agreement Urgency Ordinance)
6.2 Physical Space Waivers
The City may elect to waive a Commercial Customer’s or Property Owner’s obligation to
comply with some or all of the Recyclable Materials or Organic Materials Collection
service requirements as set forth in this Agreement, pursuant to SB 1383, and in the
Gilroy City Code if the Commercial Customer or Property Owner provides
documentation, or the City has evidence from its staff, the Company, licensed architect,
engineer, or similarly qualified source demonstrating that the Premises lacks adequate
space for Recyclable Materials and/or Organic Materials Containers. Should the City
elect to grant such physical space waivers, Multi Family Customers that do not have
sufficient space to comply with some or all of the Organic Materials Collection service
requirements set forth in this Agreement may be required to Self-Haul Organic Materials
to the Approved Facility, subject to Applicable Law.
6.3 Collection Frequency Waivers
The City may elect to allow the Company to provide Collection of Solid Waste once
every fourteen (14) days, rather than once per week, for Customers that have been
granted a Collection frequency waiver from the City.
6.4 Company Recordkeeping of Generators Granted Waivers
Company shall maintain waiver-related records identified on the Company
Implementation Record and report on waiver verifications per the requirements of
Section 8, Reporting, below.
Section 7. SB 1383 Procurement Requirements
Company’s responsibilities regarding compost procurement arrangements are identified in
Recital I and Section 5.J of the Agreement. Company shall be proactive in evaluating
commercially available SB 1383-compliant vehicle fuel for use in Company vehicles.
Section 8. Record Keeping
Company shall supply City with the following categories of complete and up-to-date records as
required in the Company Implementation Record:
Route Reviews
Waivers and Exemptions
Education and Outreach
Compliance Reviews
Complaint Investigation
Edible Food Recovery (if Recology support of Food Recovery Program becomes needed)
Contamination Minimization (in event of a switch to Performance-Based Approach)
9.1.b
Packet Pg. 234 Attachment: Proposed Franchise Agreement (4046 : Franchise Agreement Urgency Ordinance)
Company and City shall mutually agree on the format of all forms required as part of the
Company Implementation Records, as well as the setup of the electronic folder system where all
forms shall be stored in the agreed-upon folders. As of the date of this Agreement, the City and
Company agree that the accompanying documentation shall be organized into the appropriate
files as identified in the Company Implementation Record, once the format and contents are
mutually agreed upon by Company and City as stated above.
Company shall enter required data into the Company Implementation Record and save
corresponding documentation in the agreed-upon Filing System within five (5) business days of
any change affecting data within any required reporting category and within one (1) business day
of notification from CalRecycle request to review implementation record. All information shall
be entered into a shared electronic platform that meets data security and confidentiality criteria
agreed upon by Company and City.
9.1.b
Packet Pg. 235 Attachment: Proposed Franchise Agreement (4046 : Franchise Agreement Urgency Ordinance)
EXHIBIT D
DESIGNATED FACILITIES
As of July 1, 2022, the designated facilities for disposal or processing of Solid Waste Matter are
as follows:
(i) Solid Waste shall be disposed of at John Smith Road Landfill in Hollister,
California or another facility designated by Waste Solutions Group of San Benito, LLC in
accordance with the CITY’s disposal agreement.
(ii) Recyclable Material shall be transferred at COMPANY’s San Martin Transfer
Station and then processed at GreenWaste Recovery in San Jose, California or other
facilities determined by COMPANY.
(iii) Organic Material shall be processed at COMPANY’s affiliate’s South Valley
Organics facility in Gilroy, California.
(iv) Construction and Demolition Debris shall be processed at Pacific Coast Recycling
in Gilroy, California or other facilities determined by COMPANY.
9.1.b
Packet Pg. 236 Attachment: Proposed Franchise Agreement (4046 : Franchise Agreement Urgency Ordinance)
EXHIBIT E
COMMUNITY EDUCATION AND OUTREACH
CORE REQUIREMENTS
Recology’s outreach in Gilroy will be comprised of the items listed below. All printed materials,
web and other content will have cohesive appearance. The Recology corporate branding will serve
as the default, except in cases where the City and Recology have agreed on a different visual theme.
All materials will be provided in English and Spanish and/or using universal imagery or symbols.
The organics stream will be included and at times emphasized to assist the City with SB 1383
compliance.
Strategic Outreach Plan
In collaboration with City staff, Recology will create a Strategic Outreach Plan will be created in
Year 1 of the contract that will guide the overall approach and major deliverables. The Plan will
be updated on an annual basis by Recology, in collaboration with City staff.
Website
COMPANY will update the existing website upon initiation of the new Agreement. Subsequent
updates will be made over the duration of the Agreement.
Recycling Guide
A guide will be distributed to all three customer types (Commercial, Multifamily, and Residential)
at the beginning of each calendar year. The guide will provide “how-to” information for all three
streams (Waste, Recycling, and Organics), using text and helpful images. In addition, the guide
will contain helpful information about the bulky item pick-up program and safe disposal of
household hazardous waste, sharps, prescription drugs, and other hard-to-dispose items.
New Start Packets
New Start Packets will be designed for each customer segment, and will contain the following
collateral:
Residential
Welcome letter with customer service, billing and other basic information.
Residential Recycling Guide
Calendar indicating street sweeping information
Multifamily
Welcome letter
9.1.b
Packet Pg. 237 Attachment: Proposed Franchise Agreement (4046 : Franchise Agreement Urgency Ordinance)
Multi-family Recycling Guide
In-unit “buddy bags” to assist residents with transport of recyclables to the common
recycling area(s) or chutes. Buddy bags will depict program information and Recology’s
contact information.
Commercial
Welcome letter
Commercial Recycling Guide
Supply sheet with information on how to request sorting posters, internal containers, etc.
Quarterly Communications
Quarterly communications to customers may include the following methods, as determined jointly
by the City and Recology:
Print newsletter
Electronic newsletter
Bill insert/flyer, printed
Bill insert/flyer, electronic
Direct-mail, such as letters or postcards
Social Media
Other collateral, as agreed upon by the City and Recology
Technical Assistance
Recology will provide technical assistance to the following customer types:
Commercial
Recology staff will work to enroll all eligible businesses, institutions, and other commercial
customers for all three streams.
Recology will provide trainings to staff to help them engage in their programs and properly
sort material.
Recology will offer tailored outreach to specific commercial sectors and accounts, focusing
on contamination reduction and increased diversion.
MFD
Recology staff will work to enroll all multi-family complexes in all three streams.
Recology staff will provide trainings to building managers, custodial staff, and other
stakeholders.
Recology will offer tailored outreach to specific multi-family complexes, focusing on
contamination reduction and increased diversion.
Schools/Youth
Recology will give presentations to schools and closely affiliated groups.
9.1.b
Packet Pg. 238 Attachment: Proposed Franchise Agreement (4046 : Franchise Agreement Urgency Ordinance)
EXHIBIT F
STREET SWEEPING
(a) Scope of Services.
(i) Company shall perform street sweeping operations using
appropriate vehicles on all designated City streets, as identified
by the City and approved by the Company, no less frequently than
once every two weeks, weather permitting, except as provided
below.
(ii) Company shall perform street sweeping operations using
appropriate vehicles in City business districts and on arterial
streets, as identified by the City and approved by the Company, no
less frequently than once per week, weather permitting.
(iii) Company shall perform street sweeping operations using
appropriate vehicles on the parking lots at City Facilities (as
designated on Exhibit G), no less frequently than once every two
weeks, weather permitting.
Notwithstanding the foregoing or anything else in this agreement,
Company shall not be required to perform street sweeping operations on
any street, parking lot, or portion thereof that Company determines is
unsafe or poses a threat of damage to Company’s equipment.
(b) Performance Requirements.
(i) Company will provide sufficient equipment to guarantee
uninterrupted service to City, at Company's sole cost and expense.
Company shall maintain the equipment in good repair and
operating condition and shall provide all fuel, lubricants, tires, and
all materials and supplies for the operation thereof.
(ii) Company, at its sole cost and expense, shall furnish competent
personnel to operate all equipment and such other employees as
required to furnish adequately the service required in this Section
and will further comply with the following:
o In the performance of the street sweeping services
described in this Exhibit F, Company agrees to comply
with all requirements of Chapter 1 of Part 7 of Division 2
of the Labor Code as they are directly applicable to such
services, including requirements pertaining to wages,
working hours and workers’ compensation insurance.
9.1.b
Packet Pg. 239 Attachment: Proposed Franchise Agreement (4046 : Franchise Agreement Urgency Ordinance)
o Company shall take cognizance of the prevailing wage
requirements set forth in California Labor Code Sections
1720, et seq. and 1770, et seq. applicable to certain
“public works” and Maintenance” projects and that the
performance of the street sweeping services described in
this Agreement is subject to compliance monitoring and
enforcement by the Department of Industrial Relations.
o Company shall not enter into a contract with a
subcontractor for the performance of the street sweeping
services described in this Exhibit F unless the
subcontractor is registered with the California Department
of Industrial Relations to perform public work under
Labor Code Section 1725.5, subject to limited legal
exceptions.
(iii) Company shall be solely responsible for disposal of all
sweepings collected by Company in the performance of services
pursuant to this Section.
(iv) Company shall not be required to perform street sweeping in
any new subdivision or development in the City until the public
improvements of the subdivision or development have been
accepted by the City.
(v) Company shall be provided with access and the materials
necessary to obtain water from City water hydrants and shall be
allowed to use such water as necessary to perform duties under this
Section free of charge.
(c) Service Exclusions. Company and City agree that the street
sweeping performed by Company pursuant to this Agreement shall be
limited to the collection and disposal of routine debris from streets. For
the avoidance of doubt, Company is not required to perform the following:
(i) Street sweeping to clear debris from public emergencies and
traffic accidents; and
(ii) The clearing of hazardous waste.
9.1.b
Packet Pg. 240 Attachment: Proposed Franchise Agreement (4046 : Franchise Agreement Urgency Ordinance)
EXHIBIT G
SERVICES TO CITY FACILITIES
(as of December 1, 2022)
City of Gilroy
City Services List
Cust Name Facility Name Service Address
CITY OF GILROY CITY HALL ANNEX 7370 ROSANNA STREET
CITY OF GILROY LAS ANIMAS FIRE STATION 8383 WREN AVE
CITY OF GILROY SUNRISE FIRE STATION 880 SUNRISE LN
CITY OF GILROY GILROY SPORTS PARK 5925 MONTEREY FRONTAGE RD #GSP
CITY OF GILROY CITY HALL 7351 ROSANNA STREET
CITY OF GILROY GILROY GOLF COURSE 2695 HECKER PASS
CITY OF GILROY POLICE DEPT 7301 HANNA ST #PD
CITY OF GILROY CORP YARD 613 OLD GILROY ST
CITY OF GILROY SENIOR CENTER 7371 HANNA STREET
CITY OF GILROY FIRE DEPT. 7070 CHESTNUT/PUBLIC CAN
CITY OF GILROY GILROY MUSEUM 95 5TH STREET
DEBRIS BOX SERVICE
613 OLD GILROY ST.
garbage 198 boxes
yard waste 98 boxes
C&D 3 boxes
5925 MONTEREY FRONTAGE RD.
garbage 6 boxes
7351 ROSANNA ST.
garbage 1 box
9.1.b
Packet Pg. 241 Attachment: Proposed Franchise Agreement (4046 : Franchise Agreement Urgency Ordinance)
City of Gilroy
STAFF REPORT
Agenda Item Title: Introduction of An Ordinance of the City Council of the City
of Gilroy Adopting a Franchise Agreement with Recology
South Valley for Solid Waste Hauling Services and a
Finding that Its Action in Adopting t he Ordinance is
Exempt From Review Under the California Environmental
Quality Act (“CEQA”) Pursuant to CEQA Guidelines
Section 15061(b)(3) (Common Sense Exemption) In that the
Proposed Ordinance Will Continue an Existing State -
Mandated Program for the Prot ection of Public Health and
the Environment, and None of the Circumstances in CEQA
Guidelines Section 15300.2 Apply.
Meeting Date: November 21, 2022
From: Jimmy Forbis, City Administrator
Department: Administration
Submitted By: Jimmy Forbis, City Administrator
Prepared By: Bryce Atkins, Assistant to the 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
a) Motion to read the ordinance by title only and waive further reading.
b) Introduce an Ordinance of the City Council of the City of Gilroy Approving a
9.2
Packet Pg. 242
Franchise Agreement with Recology South Valley for Solid Waste Hauling Services.
EXECUTIVE SUMMARY
The purpose of this item is to provide the City Council with an opportunity to consider a
new solid waste franchise agreement with Recology South Valley.
For many decades, the City has partnered with Recology South Valley, and its
predecessor companies, to provide the full range of solid waste management services
for the community. During this time, City residents and businesses have enjoyed
excellent service from the company provided at competitive prices. The City has a
franchise agreement with Recology that will expire in 2022, the Council directed staff to
negotiate a replacement agreement with Recology. Due to the pandemic and other
factors, the negotiations with Recology have just been completed and the
recommended franchise agreement (attached) is ready for Council consideration.
The City Charter (Charter) places a limit of 25 years for franchise agreements. The
previous franchise agreement for solid waste ha uling services was adopted on
September 2, 1997, placing the required end of the agreement on September 2, 2022.
The City of Gilroy commenced negotiations for a new franchise agreement for solid
waste hauling services, but which was not able to be finalized before the 25-year limit
was reached. A new, short-term franchise agreement was created to provide this
essential service, and begin implementation of new state legislation, while the process
to finalize the new, longer-term franchise agreement was completed.
The negotiations have been completed, and a draft new long -term franchise agreement
has been produced for Council consideration to adopt via ordinance.
POLICY DISCUSSION
Does Council wish to grant a new, long -term franchise agreement to Recology South
Valley to provide solid waste hauling services within the City of Gilroy?
BACKGROUND
The City contracts through exclusive franchise agreements for solid waste hauling
services, sometimes referred to as garbage or refuse service, but which now also
includes, due to recent legislation, required recycling and organic waste service. The
franchise agreement process is regulated by the Charter. According to the Charter, the
maximum term limit on franchise agreements is 25 years.
The City entered into its previous franchise agreement on September 2, 1997. At 25
years, the required termination of that franchise agreement was reached on September
2, 2022. The City has been in negotiations with Recology South Valley (Recology) on a
new franchise agreement, pursuant to the requirements of the Charter. However, the
new franchise agreement that was in negotiations was not able to be completed in time
9.2
Packet Pg. 243
for a transition from the 25-year agreement. An interim franchise agreement was
executed, effective August 15, 2022 and terminating December 31, 2022.
Negotiations have continued between the City’s negotiating team and Recology South
Valley. New state legislation and court cases have necessitated changes in the
franchise agreement between the version adopted in 1997 and the agreement proposed
this evening. New legislation includes:
• AB 341 – instituting mandatory commercial recycling to reduce greenhouse gas
emissions by diverting commercial solid waste to recycling efforts and to expand
the opportunity for additional recycling services and recycling manufacturing
facilities in California.
• AB 1826 –instituting mandatory commercial organics recycling. This bill
implemented an organic waste recycling program to divert organic waste
generated by businesses, including mu ltifamily residential dwellings that consist
of five or more units.
• SB 1383 –instituting required organic waste recycling for residential and
commercial customers, building on top of AB 1826. The law requires local
agencies to enforce organic waste recycling and food recovery programs, as well
as education and outreach.
Adoption by Ordinance Required
The Charter also specifies procedures for adoption of a franchise agreement. The
franchise must be granted by ordinance pursuant to Section 600 of the Chart er.
ANALYSIS
Summary
While the expiration of any franchise agreement would typically involve some updating
and modernization of the document, changes in California laws and regulations have
required the City and Recology to include significant changes in the services provided.
Most notably, SB 1383 and its accompanying regulations mandate that the City take
actions to require local residents, businesses, and institutions to divert compostable and
recyclable wastes away from the garbage stream. In additi on to the marketing and
communication efforts that have typically been implemented to encourage recycling,
these new regulations require inspections, enforcement, and recordkeeping if the City is
to achieve compliance with the State law. State regulations also now require the City to
purchase certain quantities of compost or other products made from the diverted
organic materials and oversee/support the recovery of edible food. In addition, the City
is now required to ensure that litter is removed from the streets and kept out of the
storm drain system. Failure to comply with these mandates will ultimately result in fines
from the State.
9.2
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The City has worked with Recology to develop a franchise agreement with the following
attributes:
• Recology continues to perform all of the services they are currently providing
including collection, management, disposal, transfer, street sweeping, and billing;
• Recology will initiate a new bulky item collection program for multifamily
residences and will cooperate with City efforts to collect waste in special and
unusual circumstances at the City's request;
• Recology staff are largely responsible for the maximum amount of SB 1383
compliance activities that State law allows private parties to perform including
outreach to customers, inspections, audits, recordkeeping etc.;
• Recology staff will provide the City with enforcement referrals, as needed, to
enforce the City's ordinance as required by State law;
• Recology will cooperate with the City's efforts to procure compost or other
materials as required by law;
• Recology will provide the City with implementation funds required by the City to
comply with State, regional, and/or local laws; and
• Service rates will be adjusted based on updated relevant cost factors and the
amount of support required by the City for regulatory compliance.
These additional services will require an increase in the rates paid by customers. The
initial increase that was negotiated with Recology would be 13.12% effective January 1.
This increase is broken down in the “Rate Increase” section below.
Key Changes
Below are described the key changes from the 1997 -2022 Solid Waste Franchise
Agreement and the proposed ten -year franchise agreement being introduced.
• Term. The term of the new franchise agreement is ten years and seven months,
from December 1, 2022 through June 30, 2033. The agreement stipulates that
the parties shall meet again and confer on the possible extension during calendar
year 2031, well in advance of the term ending date.
• State Legislation Implementation. The new franchise agreement continues
implementation of state legislation mentioned earlier relating to solid waste. The
three-cart system will remain, but additional efforts as outlined in the agreement,
including Exhibit C, include additional workload for Recology to implement these
laws for those elements that can be delegated to the franchise waste hauler.
• Rate Increase. Rates are proposed to increase by 13.12%, which results in
increases of between $0.97 on the low end and $12.90 on the largest residential
rate for multiple carts and hillside location, as shown on Exhibit A. No rate
increase was made effective in July of 2022 due to the negotiations underway
and the development of the interim agreement. In the proposed agreement,
Exhibit A identifies the new rates that would be in effect on December 1, 2022.
The reason for the increase is two-fold:
9.2
Packet Pg. 245
1. The additional scope of work being performed by Recology related to SB
1383 compliance.
2. The loss of commodity values related to the China Na tional Sword Policy
in 2018, a policy initiative by the government of China to monitor and
stringently review recyclable waste imports. The China National Sword
Policy has reduced the demand for recycling commodities to a point where
Recology now has to pay to have the material processed. Prior to 2018,
hauling companies were paid for recycling commodities. The prior
agreement did not consider commodity values as part of the rate change
calculation. To protect the rate payers moving forward, in case the
demand for commodities returns, changes in commodity values are now
included in the rate change calculation.
The detailed breakdown of the negotiated increase is as follows:
• 3.18% - Adjustment that would have normally taken effect on July 1, 2022
but was delayed due to negotiations;
• 1.57% - Adjustment for additional staff and resources required for SB
1383 compliance;
• 3.73% - Adjustment for new bulky item collection program;
• 4.64% - Adjustment for changes in recycling market revenues in which
recycling commodities, which used to have value, now actually cost
money to be recycled.
The increase above does not include any payment to the City of implementation
funds, any compost procurement, or any special collection services as the rate
impacts associated with these items will vary depending on the City's request
and do not begin on January 1. The earliest some of these charges could be
included is July 1, 2023. These are discussed more later in this report.
Staff believes that the rate adjustment is reaso nable given the new services
required and changes in the marketplace that have impacted Recology
financially. Many communities have seen rate adjustments required of over 20%
as a result of these same factors. In addition, the City has negotiated for
Recology to perform the maximum amount of regulatory services legally
permissible in order to avoid the need for additional City staff to maintain
compliance.
• Future Rate Increases. Governed by Section 9 of the Agreement, with the basis
of calculation and example in Exhibit 2A of the 2022 proposed Agreement, future
annual increases will consist of a formula driven by weighted amounts. This
formula considers the consumer price index, fuel cost increases, refuse disposal
costs, recyclables processing costs, and any exceptional costs that may have
been incurred in the year prior.
9.2
Packet Pg. 246
• Service Level Changes. Below is a table identifying the changes in services
received from the 1997 Franchise Agreement and comparing them to the
services being provided in the proposed 2022 Franchise Agreement.
Service 1997 Franchise
Agreement
2022 Franchise
Agreement
Performance Audits
Performance audits may
be conducted by the City,
but not more frequently
than once every five years.
[Section 12]
Change - The City now
has the right, at any time
during the term of the
agreement, to conduct an
audit of the performance of
Recology
[Section 2(A)]
Fees Paid to City
Administrative Fee – 4%
Franchise Fee – 5%
[Section 11(d)]
No Change:
Administrative Fee – 4%
Franchise Fee – 5%
[Section 3]
New:
Regulatory and Consulting
Fee - $110,000.
[Section 4]
Collect Refuse from
Homeless Encampments None.
New - Collection provided,
and costs will be included
as exceptional costs in the
rates for the following year.
Only pickup of bins, not
manual labor of ground
cleanup [Section 6(B)]
Bulky Item pickup for
customers (formerly
Spring Cleanup)
Annual Spring Cleanup
event once per year.
Change - Two bulky item
collections per calendar
year. For bin service, the
number of collections per
calendar year shall be half
the number of units. Limits
on type and amount of
collection are imposed
[Section 6(E)]
Mattress Collection
Events None.
New - Twice per year
mattresses can be
dropped off at the Pacheco
Pass facility, or other
facility owned or operated
by Recology [Section 6(I)]
Compost Procurement None.
New – as part of SB1383,
City is now required to
procure compost at
9.2
Packet Pg. 247
Service 1997 Franchise
Agreement
2022 Franchise
Agreement
regulated amounts.
Purchase provisions are
included to allow City to
procure through the
franchise agreement
compost from Recology.
Charges will come through
Exceptional Costs,
accounted for in the
following year’s rate
adjustment. [Section 6(J)]
Solid Waste
Implementation Fee None.
New – The City may, in
implementing the
requirements of the City’s
solid waste programs in
keeping with local,
regional, state and federal
requirements, request and
receive a fee that shall not
exceed the reasonable
foreseeable costs for these
activities, and the costs will
be included in the
exceptional costs for
calculating the next year’s
rate adjustments.
[Section 6(K)]
Develop and Implement
an Outreach and
Education Program
Recology assisted in
promotion of the recycling
program and services.
[Section 4(h)]
Change – the 1997
agreement had a program,
but it has changed over
time, and in the new
agreement has been
expanded due to the
requirements of state
legislation regarding solid
waste, recycling and
organics recycling
requirements.
[Section 6(L)(xii)]
Liquidated Damages
Liquidated damage
amounts vary from $10-
$50 per occurrence,
depending upon the event,
up to $100 per day for the
Change – the amount is
now $300 per day, with
certain caps per year that
escalate based on prior
year liquidated damage
9.2
Packet Pg. 248
Service 1997 Franchise
Agreement
2022 Franchise
Agreement
largest incident, with
specific causes.
[Exhibit M]
amounts levied.
[Section 7(B)]
Termination of Service
for Non-Payment
No termination of service,
lien placed on property
each year for any unpaid
balances.
[Section 11(b)]
Change – the previous
system for continuing
service and applying liens
on property has changed.
Failure of a customer to
make payment who are
120 days in arrears will
now result in termination of
service until the bill is paid.
Details of the timing and
conditions are outlined in
this section.
[Section 11]
Transfer Requests
No reimbursement to City
for costs associated with
analyzing a transfer or
assignment.
[Section 16]
Change - In the event
Recology wishes to
assign/transfer the
agreement, it must pay the
City $50,000 to cover all
direct and indirect costs
with evaluation and
processing requested
transfer.
[Section 15]
Insurance Coverage
$5 million general liability,
as well as other insurance
requirements
Change – Recology will
now retain $10 million in
insurance, with additional
insurance language from
the municipal risk pool the
City participates within,
enhancing protection for
the City and its taxpayers
and ratepayers from losses
relating to insurance
claims.
[Exhibit B]
SB 1383 Education,
Outreach, and
Enforcement
None.
New – Recology will now
assist the City to comply
with SB 1383 and other
state legislation
surrounding organics and
recycling.
9.2
Packet Pg. 249
Service 1997 Franchise
Agreement
2022 Franchise
Agreement
[Exhibit C]
Fiscal Impact of Franchise
The fees paid by the waste hauler are intended to compensate the City for the fiscal
impacts of the agreement on the City. There currently is no means to fully assess the
full financial impacts of the franchise services on the City’s infrastructure and staffing.
After considering the costs to the City of these various impacts, it is Staff's conclusion
that the fees charged bear a reasonable relationship to the costs and burdens imposed
upon the City. These impacts include the following:
• Heavy Vehicles on Streets
Franchise fees are intended, in part, to reimburse the City a portion of its costs in
maintaining the City’s street system. This is because a waste hauler franchise
agreement provides the waste hauler with special access to City streets,
including the unique privilege to use the City’s street network to collect waste and
the privilege of placing collection bins within City rights of way. Also, the refuse
trucks used by waste haulers, such as Recolog y, are heavy vehicles, especially
when loaded with refuse. To reach each residence, the vehicles travel on local
roads as well as collectors and major streets. While some streets are designed
with heavier commercial vehicles in mind, most of the surface streets are not
designed and built to undertake repeated loads of that size. This leads to
significant contributions towards the deterioration of smaller streets. While there
is not currently a cost estimate that the City has prepared, the impacts are known
in the engineering community. The Franchise Fee is intended to offset this
impact by funding, at least in part, the impact of the vehicles on the roadway.
• Contract Management
The contractual management of the previous franchise agreement was
conducted with staff in addition to their normal duties, mainly due to the relative
simplicity of waste hauling services in 1997 when the franchise agreement was
enacted. However, since then the world of solid waste, environmental
protections, and other legislative req uirements relating to the same have
increased complexity and require much more direct oversight of the function and
performance of the agreement. This increase has been occurring more rapidly as
time has passed, and based on current experience we can antic ipate continued
new legislation over the next few years that will require increased direct
oversight, but to an unknown degree. The Administrative Fee is intended to pay
for the costs associated with managing the contract and solid waste concerns in
the community.
• New Requirements of SB1383 and costs of implementation
SB1383 is still in the process of being implemented over the next several years.
The full costs are not known yet. The State mandates are creating new programs
9.2
Packet Pg. 250
without known costs. These programs, including food waste recovery
management, organics recycling education, recycling enforcement and reporting
requirements are tasks above and beyond managing the franchise agreement.
Additional staff time will be needed to effectuate these new requir ements on the
City’s behalf. Additional staff time, potentially up to a dedicated staff position for
solid waste and environmental services, will be needed. These are costs that are
not incorporated into the franchise agreement with a dedicated amount. The re is
a provision in the agreement that implementation costs that are required to
deliver these mandated programs may be included as exceptional costs in each
year relating to the rate adjustments.
• Consulting Services and Outside Expertise
To help ensure compliance with State mandates, the City will need to engage
consultants with expertise in the field to assist in ensuring that our activities are
meeting compliance requirements, as well as to help address the new programs
that are being implemented. To h elp pay for this, there is a $110,000 payment
from Recology called a Regulatory and Consulting Fee in the franchise
agreement. The amount is enough to obtain needed consultant services to help
with regulatory and programmatic projects to keep the City in c ompliance, and
lessening the possibility of fines and penalties that taxpayers and ratepayers
might have the bear.
Franchise and Administration Fee Rates Unchanged
The Franchise Fee and Administration Fee rates are not changing in this new franchise
agreement. These fee rates, 4% for an Administration Fee and 5% for a Franchise Fee,
have not changed since 1997. The monthly charges for services are increasing by
approximately 13%, so the amount that the percentage would generate would increase
commensurate with the increase in the monthly rates because the rate paying base is
increasing.
New Fees and Potential Costs
There is a new fee, as discussed above, called the Regulatory and Consulting Fee of
$110,000 annually to be used to help the City remain com pliant with State regulations.
Additionally, there is a cost category called the Implementation Fee which does not
have an expressed amount, but that can be used to generate revenue to ensure that the
implementation of the mandates are completed, and the c osts would be considered
exceptional costs for rate adjustments. Finally, the City is mandated to procure an
amount each year of compost under SB 1383. The franchise agreement allows the City
to identify each year the required amount of compost, and Recology’s cost to provide
that compost will be incorporated into the exceptional costs for the annual rate
adjustment the following year.
Reasonable Relationship to the Value of the Franchise
9.2
Packet Pg. 251
Staff has compiled a comparison of current franchise agreements hel d by other cities
within our region, to demonstrate that the fees imposed for the franchise are reasonable
to the value as determined through other franchise agreement processes. Below is a
table that shows the amount of franchise fees compared to the City of Gilroy’s proposed
franchise fees.
Municipality Aggregate Revenue-
Based Fee Percentage
Aggregate Total Fixed or
Flat Fees
Gilroy (Existing) 9% (4% Admin Fee; 5%
Franchise Fee) N/A
Gilroy (Proposed) 9% (4% Admin Fee; 5%
Franchise Fee) $110,000 Annually
Belmont
26% (10% Franchise Fee;
3.5% AB 939 Payment;
2.5% Collection Vehicle
Payment; 2% Litter Control
Payment; 6% Street
Sweeping Payment; 1%
NPDES Litter Impact
Payment; 1% Rate
Stabilization Fund)
Monthly $0.63 per month
per Single Family
Dwelling and $0.28 per
Multi-Family Dwelling
Unit (Household
Hazardous Waste
Curbside Collection
Payment)
Cupertino 12% (10% Franchise Fee;
2% Franchise Surcharge) N/A
East Palo Alto
Franchise Fees
1. 2.5% of residential
customer’s billed
amount
2. 15.5% of
commercial
Customer’s Billed
amount)
$185,000 Annually (Litter
Abatement Fee)
Los Altos Hills
10% (Franchise Fee for
solid waste)
7.25% (Franchise Fee for
recycling)
N/A
Milpitas 14.17%
$425,000 one-time
payment for procurement
and negotiation of
agreement
Redwood City
13.65% (Franchise Fee
13%; AB 939 Fee 0.4%;
Administrative Fee 0.25%)
N/A
San Mateo 4%
$2,192,698 (2017 rates for
Street Sweeping Fee of
$320,000; Landfill Closure
9.2
Packet Pg. 252
Municipality Aggregate Revenue-
Based Fee Percentage
Aggregate Total Fixed or
Flat Fees
Fee $978,198; and AB 939
Fee of $894,500)
Santa Clara
3% to 18% (based on rate
of recovery of refuse
disposed of by specific
means in the agreement)
N/A
CEQA Exemption
Adopting this Ordinance is exempt from review under the California Environmental
Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15061(b)(3) (Common
Sense Exemption) in that the proposed ordinance will continue an existing state-
mandated program for the protection of public health and the environment, and none of
the circumstances in CEQA Guidelines Section 15300.2 apply.
ALTERNATIVES
Council may either adopt, reject, or modify the ordinance and attached franchise
agreement. Rejection of the item is not recommended, as there would not be sufficient
time to find alternatives to provide the service consistent with the Charter. Modification
of the agreement is likewise not recommended, due to the need to take any changes
back to Recology to see if agreeable, which may interrupt service for an unknown
amount of time.
FISCAL IMPACT/FUNDING SOURCE
All funds received are placed in the City’s General Fund to pay for s taffing, streets and
roads impacts, and other services and supplies related to refuse and recycling. As more
robustly discussed above, there is no current method to fully encapsulate the net value
of costs and the value of negative impacts against the reve nue and positive impacts in a
manner to produce a specific number. This franchise agreement includes the existing
9% of franchise and administration fees that has been in place for the past 25 years, as
well as small inclusions for consultant services in t he amount of $110,000 annually.
There are mechanisms to increase the value depending upon how implementation of
State mandates proceeds, and what the final cash costs amount to in meeting the legal
requirements.
Overall, funds received will increase consistent with the total increase in user fees, as
that is the basis of the franchise and administration fees. Staff expects an increase in
those fees by 13.12% above current amounts. In Fiscal Year 2022, the total franchise
fees received were approximately $697,100. The 13.12% increase will be a total of
$91,460. Combined with the $110,000 for consulting fees, the total increase would be
$201,460.
9.2
Packet Pg. 253
The cost value of the required compost purchase, as well as any additional staffing or
services that may become needed to provide this service and comply with the legal
mandates placed upon the City by the State of California are not currently known.
CONCLUSION
The City’s negotiations for a new franchise agreement has reached its completion and
are being presented for adoption via ordinance. The agreement continues the services
currently in place and includes services and requirements that are imposed by the State
on the City and passes the maximum amount of responsibility and service to the refuse
hauler. There is an increase in the rates charged by the hauler for customers, as
contained in the agreement. Given that the inflation for the Bay Area of California is at
6.0% for the 12-month period ending in October as reported by the U.S. Bureau of
Labor Statistics, the 13% increase for existing service and the expanded services and
duties under this agreement is reasonable. The franchise agreement would continue
until June 30, 2033.
NEXT STEPS
Should Council introduce this ordinance, staff will place said ordin ance approving the
agreement onto the December 5, 2022 Council meeting for adoption. Additionally, staff
will bring forth a proposed ordinance to rescind the 1999 ordinance that established the
lien process for unpaid bills.
PUBLIC OUTREACH
This item was advertised in the Gilroy Dispatch on November 11, 2022 and has been
included on the publicly posted agenda for this Council Meeting.
Attachments:
1. Proposed Ordinance - Solid Waste Franchise Agreement
2. Proposed Franchise Agreement
9.2
Packet Pg. 254
ORDINANCE NO. 2022-XX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY
ADOPTING A FRANCHISE AGREEMENT WITH RECOLOGY SOUTH
VALLEY FOR SOLID WASTE HAULING SERVICES AND A FINDING
THAT ITS ACTION IN ADOPTING THE ORDINANCE IS EXEMPT
FROM REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (“CEQA”) PURSUANT TO CEQA GUIDELINES
SECTION 15061(B)(3) (COMMON SENSE EXEMPTION) IN THAT THE
PROPOSED ORDINANCE WILL CONTINUE AN EXISTING STATE-
MANDATED PROGRAM FOR THE PROTECTION OF PUBLIC HEALTH
AND THE ENVIRONMENT, AND NONE OF THE CIRCUMSTANCES IN
CEQA GUIDELINES SECTION 15300.2 APPLY
WHEREAS, the City of Gilroy (City) is a municipal corporation, duly organized under
the constitution and laws of the State of California; and
WHEREAS, pursuant to California Constitution Article XI, Section 7, and the City
Charter, Section 600, the City Council has the authority to enact ordinances which promote the
public health, safety and general welfare of its residents, including sanitation ordinances and
regulations; and
WHEREAS, the provision of sanitary solid waste hauling services is an essential
component to protecting public health, safety, and welfare, and is a state mandated service; and
WHEREAS, solid waste hauling services are contracted through an exclusive franchise
agreement, and enacted pursuant to Article XIII of the City Charter entitled “Franchises”; and
WHEREAS, Section 1302 of Article XIII of the City Charter places a term limitation on
franchise agreements at a maximum of 25 years; and
WHEREAS, the prior franchise agreement was adopted on September 2, 1997, which
established the 25-year limitation date to be up to and including September 2, 2022, necessitating
a new franchise agreement by that date; and
WHEREAS, the City has been in negotiations on a new franchise agreement with
Recology South Valley (Recology), but was not able to reach agreement in time for the new, long-
term agreement to become effective before the end of the 1997 franchise agreement; and
WHEREAS, a franchise agreement is required to continue providing solid waste hauling
services, a state mandate, generating an urgent need to place a franchise agreement for solid waste
hauling services into effect; and
WHEREAS, the City and Recology entered into a short-term interim franchise agreement,
which lasts until December 31, 2022, to sustain this essential component of protecting the public
health while the negotiations completed on the new, longer-term franchise agreement; and,
9.2.a
Packet Pg. 255 Attachment: Proposed Ordinance - Solid Waste Franchise Agreement (3950 : Solid Waste Franchise Agreement Intro)
Ordinance No. 2022-XX
Franchise Agreement w/ Recology
City Council Regular Meeting | September 21, 2022
Page 2 of 4
WHEREAS, the City and Recology South Valley have negotiated a new exclusive
franchise agreement, attached as Attachment “A” and incorporated herein by reference, which
continues solid waste collection and disposal services as well as implementing the organics and
recycling requirements as imposed by adopted State law; and
WHEREAS, adopting this Ordinance is exempt from review under the California
Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15061(b)(3)
(Common Sense Exemption) in that the proposed ordinance will continue an existing state-
mandated program for the protection of public health and the environment, and none of the
circumstances in CEQA Guidelines Section 15300.2 apply.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION I
The foregoing recitals are true and correct and are incorporated herein by this reference.
SECTION II
That the franchise agreement between the City and Recology South Valley, attached as Attachment
“A” is hereby adopted.
SECTION III
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be
invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of
this ordinance. The City Council of the City of Gilroy hereby declares that it would have passed
and adopted this ordinance, and each section, subsection, sentence, clause or phrase hereof,
irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases
may be declared invalid or unconstitutional.
SECTION IV
This Ordinance shall take effect thirty (30) days after its adoption. The City Clerk is hereby
directed to publish this Ordinance or a summary thereof pursuant to Government Code Section
36933.
9.2.a
Packet Pg. 256 Attachment: Proposed Ordinance - Solid Waste Franchise Agreement (3950 : Solid Waste Franchise Agreement Intro)
Ordinance No. 2022-XX
Franchise Agreement w/ Recology
City Council Regular Meeting | September 21, 2022
Page 3 of 4
PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF GILROY this 5th
day of December, 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
9.2.a
Packet Pg. 257 Attachment: Proposed Ordinance - Solid Waste Franchise Agreement (3950 : Solid Waste Franchise Agreement Intro)
Ordinance No. 2022-XX
Franchise Agreement w/ Recology
City Council Regular Meeting | September 21, 2022
Page 4 of 4
ATTACHMENT A
9.2.a
Packet Pg. 258 Attachment: Proposed Ordinance - Solid Waste Franchise Agreement (3950 : Solid Waste Franchise Agreement Intro)
FRANCHISE AGREEMENT
between
THE CITY OF GILROY
and
RECOLOGY SOUTH VALLEY
December 1, 2022
9.2.b
Packet Pg. 259 Attachment: Proposed Franchise Agreement (3950 : Solid Waste Franchise Agreement Intro)
1
FRANCHISE AGREEMENT
THIS AGREEMENT (Agreement), dated December 1, 2022 is entered into by and between
the CITY OF GILROY, a Municipal Corporation (“CITY”) and RECOLOGY SOUTH VALLEY,
a California Corporation (“COMPANY”).
RECITALS
This Agreement is entered into on the basis of the following facts, understandings,
and intentions of the parties:
A. The Legislature of the State of California, by enactment of the California Integrated
Waste Management Act of 1989 (Public Resources Code Section 40000, et seq.;
hereinafter the “Act”) established a solid waste management process which requires
cities and other local jurisdictions to implement source reduction, reuse, and
recycling as integrated waste management practices; and
B. The State of California has found and declared that the amount of refuse generated
in California, coupled with diminishing Disposal capacity and potential adverse
environmental impacts from landfilling and the need to conserve natural resources,
have created an urgent need for State and local agencies to enact and implement
aggressive integrated waste management programs. The State has, through
enactment of AB 939 and subsequent related legislation including, but not limited
to: the Jobs and Recycling Act of 2011 (AB 341), the Event and Venue Recycling
Act of 2004 (AB 2176), SB 1016 (Chapter 343, Statutes of 2008 [Wiggins, SB
1016]), the Mandatory Commercial Organics Recycling Act of 2014 (AB 1826),
and the Short-Lived Climate Pollutants Bill of 2016 (SB 1383), directed the
responsible State agency, and all local agencies, to promote diversion and to
maximize the use of feasible waste reduction, reuse, recycling, and composting
options in order to reduce the amount of refuse, including Organic Waste, that must
be disposed; and
C. Pursuant to California Public Resources Code Section 40059(a)(2), the City has
determined that the public health, safety, and well-being require that an exclusive
right be awarded to a qualified contractor to provide for the collection of Recyclable
Materials, Organic Materials, Construction and Demolition Debris, and Solid
Waste; and
D. The City Council has enacted Chapter 12 of the Gilroy City Code, which establishes
standards for the Collection and removal of Solid Waste and Recyclables, the
Disposal of Solid Waste, the Recycling of Recyclables, and requirements for
Collection Agreements; and
9.2.b
Packet Pg. 260 Attachment: Proposed Franchise Agreement (3950 : Solid Waste Franchise Agreement Intro)
2
E. CITY and COMPANY have implemented a new, expanded system of waste
collection and management services to more efficiently provide for the collection
of such materials, and to facilitate achievement of City’s obligations pursuant to the
Act and to further expand collection and management services to facilitate
achievement of CITY'S obligations pursuant to SB 1383, SB 341, SB 1826 and AB
827; and
F. Pursuant to this Agreement, CITY desires to engage COMPANY as an independent
contractor to exclusively provide Solid Waste, Organic Materials and Recyclable
Materials Collection Services in the City. COMPANY shall furnish all personnel,
equipment, and supplies necessary to collect, or otherwise remove and dispose of
all Solid Waste, Organic Materials and Recyclable Materials, as defined herein,
generated or accumulated at all Residential and Commercial/Industrial Premises
within the City, on the terms and conditions specified herein and except as
otherwise specifically provided herein; and
G. COMPANY represents and warrants to CITY that it has the experience,
responsibility, and qualifications to implement the collection of Solid Waste,
Organic Materials and Recyclable Materials, and to arrange with residents and
other entities in the City for the collection, safe transport, Processing, and Disposal
of all materials in compliance with Applicable Law and the provisions of this
Agreement; and
H. CITY and COMPANY are mindful of the provisions of the laws governing the safe
collection, transport, Recycling, and Disposal of Solid Waste, including the Act,
RCRA, and CERCLA; and
I. COMPANY currently uses natural gas to fuel the collection vehicles that collect
waste throughout the City’s incorporated limits. When alternatives to natural gas
become commercially available, City and COMPANY mutually desire to explore,
in a mutually agreed manner, collection vehicle fueling alternatives such as
electricity, hydrogen, SB 1383 compliant biofuels, and hybrid propulsion in order
to further reduce air pollution, carbon emissions and noise and to enhance
community health as well as address SB 1383 procurement mandates; and
J. CITY and COMPANY recognize that CITY may have the need for temporary
services to be provided by COMPANY that arise and fluctuate over time and that
the provision of these services result in additional costs (EXCEPTIONAL COSTS);
and
K. City has negotiated an agreement for waste disposal capacity with Waste Solutions
Group of San Benito that is close to COMPANY’s transfer facilities and City
desires that COMPANY deliver waste to this facility in order to reduce air pollution
and greenhouse gas emissions associated with transportation of solid waste
collected in CITY; and
9.2.b
Packet Pg. 261 Attachment: Proposed Franchise Agreement (3950 : Solid Waste Franchise Agreement Intro)
3
L. CITY and COMPANY desire to leave no doubts as to their respective roles and to
make it clear that by entering into this Agreement, CITY is not thereby becoming
a “generator” or “arranger” as those terms are used in the context of CERCLA
Section 107 (a) (3), and that COMPANY will not make any claims that CITY is
“arranging for” the Collection of Solid Waste, Construction and Demolition Debris,
Organic Materials and Recyclable Materials from Residential and
Commercial/Industrial Premises in the City, and transporting of same for Disposal,
Recycling of Recyclables, and Processing of Organic Materials; and
M. As a material inducement to CITY entering into this Agreement, COMPANY has
agreed to fully indemnify CITY in the manner set forth in Section 13 hereof against
all claims, losses, lawsuits or actions relating to any Hazardous Waste at any place
where COMPANY transfers, stores, processes, or disposes of Solid Waste, Organic
Materials or Recyclables pursuant to this Agreement, or its activities pursuant to
this Agreement that result in a release of hazardous substances into the
environment; and
N As a further material inducement to CITY entering into this Agreement,
COMPANY has agreed to fully indemnify CITY against all claims, losses, lawsuits
or actions relating to any Hazardous Waste at Pacheco Pass Landfill relating to
Solid Waste Collected by COMPANY from within the City and disposed of before
or after the date of this Agreement; and
NOW, THEREFORE, in consideration of the mutual covenants and conditions herein contained,
the parties agree to as follows:
Definitions
Whenever any term used in this Agreement has been defined by Section 12.1 of Chapter 12
of the Gilroy City Code, the definitions in Section 12.1 shall apply unless the term is otherwise
defined in this Agreement. Whenever any term used in this Agreement has been defined by
Division 30, Part 1, Chapter 2 of the California Public Resources Code, the definitions in Division
30, Part 1, Chapter 2, shall apply, unless the term is otherwise defined in this Agreement or in
Chapter 12 of the City Code. Whenever any term used in this Agreement has been defined by
Title 14, Division 7, Chapter 12, Article 1 of the California Code of Regulations, the definition in
Title 14, Division 7, Chapter 12, Article 1 of the California Code of Regulations shall apply unless
the term is otherwise defined in this agreement, Chapter 12 of the City Code or Division 30, Part
1, Chapter 2 of the California Public Resources Code. In addition, the following definitions are
hereby incorporated into this Agreement:
1 “Act” means the California Integrated Waste Management Act of 1989.
2 “Applicable Law” means all laws, ordinances, regulations, rules, orders,
judgments, decrees, permits, approvals, or other requirement of any governmental body that are in
force on the Date of this Agreement and as they may be enacted, issued or amended during the
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Term.
3 “CERCLA” means the Comprehensive Environmental Responsibility
Compensation and Liability Act, 42 U.S.C.A. Section 9601 et seq., as amended or superseded, and
the regulations promulgated thereunder.
4 “Change in Law” means any of the following events or conditions, which has a
material and adverse effect on the performance by the parties of their respective obligations under
this Agreement (except for payment obligations):
(a) the enactment, adoption, promulgation, issuance, modification, or written change
in administrative or judicial interpretation of any Applicable Law on or after the date of this
Agreement; or
(b) the order or judgment of any governmental body, on or after the date of this
Agreement, to the extent such order or judgment is not the result of willful or negligent action,
error or omission or lack of reasonable diligence of CITY or of COMPANY, whichever is asserting
the occurrence of a Change in Law; provided, however, that the contesting in good faith or the
failure in good faith to contest any such order or judgment shall not constitute or be construed as
such a willful or negligent action, error or omission or lack of reasonable diligence.
5 “City Code” means the Code of the City of Gilroy, California, as it presently exists
or may subsequently be amended.
6 “City Facilities” means: City Hall Annex, Las Animas Fire Station, Sunrise Fire
Station, Gilroy Sports Park, City Hall, Gilroy Golf Course, Police Department, Senior Center,
Gilroy Museum, Chestnut Fire Dept., Corporation Yard, City parks, city garbage cans, if any, on
city streets, and any other facility or real property used primarily by the CITY that may be
constructed by, acquired by or leased to CITY during the Term.
7 “CalRecycle” means the California Department of Resources Recycling and
Recovery.
8 “Collection Services” means all of the duties and obligations of COMPANY
hereunder.
9 “Compost” shall have the meaning set forth in Public Resources Code Section
40116, as it now exists or may subsequently be amended.
10 “Consumer Price Index” or “CPI” means the Consumer Price Index (CPI) All
Urban Consumers for the San Francisco - Oakland - San Jose Metropolitan Area, base period 1982-
84=100.
11 “Construction and Demolition Debris” means discarded materials removed from
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construction, remodeling, repair, demolition, or renovation operations on any pavement, house,
commercial building, or other structure, or from landscaping. Such materials include, but are not
limited to, dirt, sand, rock, gravel, bricks, plaster, gypsum wallboard, aluminum, glass, asphalt
material, plastics, roofing material, cardboard, carpeting, cinder blocks, concrete, copper, electrical
wire, fiberglass, Formica, granite, iron, lead, linoleum, marble, plaster, plant debris, pressboard,
porcelain, steel, stucco, tile, vinyl, wood, masonry, rocks, trees, remnants of new materials,
including paper, plastic, carpet scraps, wood scraps, scrap metal, building materials, packaging
and rubble resulting from construction, remodeling, renovation, repair and demolition operations
on pavements, houses, commercial buildings and other structures.
12 “Control” means, for purposes of this Agreement, the possession, direct or indirect,
of the power to direct or cause the direction of the management and policies of a corporation,
partnership, joint venture, or other association.
13 “Diversion” means diversion as defined in Public Resources Code §40124.
14 “Diversion Rate” means the percent of Solid Waste diverted from Disposal.
15 “Environmental Statutes” means, for the purposes of this Agreement, 42 U.S.C.
Sections 6901, et seq. and Sections 9600, et seq., and California Health and Safety Code Sections
25300, et seq., or successor statutes.
16 “Final Regulations” means the regulations under SB 1383 issued in November 2020.
17 “Food Scraps” means the following materials, that have been source-separated
from other Solid Waste Matter : (i) all kitchen and table food waste; (ii) animal or vegetable
waste that is generated during or results from the storage, preparation, cooking or handling of
food stuffs; (iii) discarded paper (including paper containers and cartons) that is not coated, lined
or waxed, and that is contaminated with Food Scraps; (iv) fruit waste, grain waste, dairy waste,
meat waste, and fish waste; and (v) vegetable trimmings and houseplant trimmings. Food Scraps
excludes manure, pet wastes, dead animals, and rotten material. Food Scraps are a subset of
Organic Materials.
18 “Gross Rate Revenues” means all Rate revenues collected by COMPANY for
providing Collection Services.
19 "Hazardous Waste" means all substances defined as Hazardous Waste, acutely
Hazardous Waste, or extremely Hazardous Waste by the State of California in Health and
Safety Code §25110.02, §25115, and §25117 or in the future amendments to or
recodifications of such statutes or identified and listed as Hazardous Waste by the U.S.
Environmental Protection Agency (EPA), pursuant to the Federal Resource Conservation
and Recovery Act (42 USC §6901 et seq.), all future amendments thereto, and all rules and
regulations promulgated thereunder.
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20 “Organic Material(s)” means Food Scraps and/or Yard Trimmings, either
commingled or separate, that have been source-separated from other Solid Waste Matter.
21 “Owner” means the person holding the legal title or having a right to possession to
the real property to which Collection Services are provided.
22 “Rates” means the service charges and Special Charges for Collection Services
charged to each Subscriber receiving service under this Agreement.
23 “Reasonable Increased Costs” and EXCEPTIONAL COSTS shall include a profit
margin to COMPANY calculated based on an operating margin of 90% on all costs except:
governmental or regulatory fees, franchise fees, the cost of a performance audit under section 2(B),
the cost of compost provided under 6(J), or temporary services provided by COMPANY to CITY
and charged at the rates in Exhibit A.
24 “Recyclable Material(s)” or “Recyclables” means the following materials, that have
been source-separated from other Solid Waste Matter: (a) newspaper; (b) aluminum and ferrous
cans; (c) glass jars and bottles; (d) certain plastic containers and certain packing materials; (e)
certain scrap metals; (f) mixed paper including mail, magazines, catalogs, paperboard boxes,
envelopes, advertisements, books without hardbound covers, and phone books; (g) corrugated
cardboard; and (h) such other material that Company and City mutually agree may be accepted or
removed from the foregoing for curbside recycling under this Agreement.
25 “Related Party” means any other Person under the same ownership and/or Control
as Recology South Valley.
26 “Residue” means materials that remain after Processing Recyclable Materials and
Organic Materials, which cannot be recycled, marketed, or otherwise utilized, including but not
limited to materials such as rocks, contaminated paper, putrescible waste, and other debris.
27 “Schedule of Rates” means a listing of all charges per unit of measure established
at amounts contained in Exhibit A and modified pursuant to the terms and conditions in Section 9
or Exhibit A2.
28 “Solid Waste” or “Refuse” means solid waste as defined in California Public
Resources Code, Division 30, Part 1, Chapter 2, Section 40191 and regulations promulgated
thereunder, but excluding Recyclable Material, Organic Material, Construction and Demolition
Debris, ashes, industrial wastes, abandoned vehicles and parts thereof, discarded home and
industrial appliances, sewage sludge, biosolids, and manure. Notwithstanding any provision to
the contrary, Solid Waste may include de minimis volumes or concentrations of waste of a type
and amount normally found in Residential Solid Waste after implementation of programs for the
safe collection, Recycling, treatment, and Disposal of Household Hazardous Waste in
compliance with Section 41500 and 41802 of the California Public Resources Code as may be
amended from time to time.
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29 “Special Charges” means extra charges for certain special services for Residential
and Commercial/Industrial Subscribers that are contained on the Schedule of Rates, and that may
be billed by COMPANY.
30 “State” means the State of California.
31 “Street Sweeping Fines” means material collected as a result of street sweeping
operations.
32 “Subscriber” or “Customer” means an individual or entity that subscribes to
Collection Services provided by COMPANY pursuant to this Agreement.
34 “Term” means the term of this Agreement, as set forth in Section 2.
35 “Yard Trimmings” means the following materials, that have been source-separated
from other Solid Waste Matter: green trimmings, grass, weeds, leaves, prunings, branches, dead
plants, brush, tree trimmings, dead trees, Christmas trees, small pieces of unpainted and untreated
wood, and other types of plant materials resulting from normal yard and landscaping maintenance,
provided that all such materials are less than six inches (6”) in diameter and three feet (3’) in
length. Notwithstanding the foregoing, Yard Trimmings do not include palm fronds, oleander,
poison ivy or poison oak. Yard Trimmings are a subset of Organic Materials.
36 “Tipping Fee” means the fee charged by a Disposal or Processing facility to dispose
or process one (1) Ton of municipal Solid Waste, not including any charges for Special Wastes,
Bulky Waste, or Special Items.
37 “Ton” means a “short ton” of 2,000 pounds.
Section 1. Franchise Grant
CITY grants to COMPANY, and COMPANY hereby accepts from CITY the exclusive
right, franchise and privilege to collect and dispose of all Solid Waste Matter produced, kept or
accumulated in the City of Gilroy, together with the right and privilege to use and operate upon
the CITY maintained streets and other rights-of-way to the extent necessary to perform
COMPANY’s obligations under this Franchise Agreement.
The right and privilege herein granted shall be subject to compliance with the provisions
of CITY’s ordinances pertaining to the accumulation, collection and removal of Solid Waste
Matter as they presently exist or as they may be amended during the term hereof, or any extension
thereof, and any applicable State and Federal statutory or administrative laws and rules. For the
purposes of this Agreement “Solid Waste Matter” is defined to mean Solid Waste, Recyclable
Material, Organic Material, and Construction and Demolition Debris. COMPANY’s exclusive
rights shall be subject to the following exceptions:
(A) Nonresidential recyclable materials source separated from other wastes by the
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waste generator that can be at least 95% recycled and for which the COMPANY cannot collect
and recycle at a complete cost to the customer equal to or less than the complete cost to the
customer charged by other vendors. “Complete cost” means all fees charged by a vendor to a
nonresidential generator for recycling, hauling, or other services.
(B) Any materials for which there is no charge for the hauling, handling, or disposal or
any other fee designed to compensate the vendor removing the materials.
This Agreement shall become effective on the date set forth in the introductory paragraph.
Company accepts the terms of this Agreement as defining the scope of its exclusive rights to collect
and dispose of Solid Waste Matter produced, kept or accumulated in the City of Gilroy, and this
Agreement supersedes all prior franchise rights and prior agreements, including but not limited to
the Original Agreement. Company waives any right or claim to provide solid waste and
recyclables collection services in the City under any prior grant of franchise, contract, license or
permit, including but not limited to the Original Agreement, and any right under Section 49520, et
seq. of the Public Resources Code. THIS PROVISION SHALL SURVIVE THE EXPIRATION
OR TERMINATION OF THIS AGREEMENT.
Section 2. Franchise Term and Renewal
(A) The term of the Agreement shall be for a period of ten (10) years and seven (7)
months, commencing at 12:01 a.m. on the 1st day of December, 2022, and ending at 11:59 p.m. on
the 30th day of June 2033, except if earlier terminated as herein otherwise specified. During
calendar year 2031, the parties shall meet and confer on the possible extension of the Term.
(B) City has the right, at any time during the term of this agreement, to conduct an audit
of the performance of COMPANY (herein called the “Performance Audit”), which shall be
conducted as set forth in subsection (C) of this Section 2.
(i) If after the City Council of CITY has reviewed a particular Performance Audit and
has considered any evidence presented by COMPANY in connection therewith, the
council determines to its satisfaction that all covenants, provisions, terms and
conditions of this Agreement on the part COMPANY to be performed, kept and
observed, have not been fully and faithfully performed, kept and observed, then
City may provide a notice of default as provided in Section 22(B), setting forth the
specific instances of non-performance of this Agreement that City wishes company
to correct. If Company fails to correct such instances of non-performance within
the time frames required by Section 22(B), then this Agreement may be terminated
by CITY at its option and without prejudice to any other remedy to which it may
entitled to either at law, in equity, or under this Agreement by giving written notice
of termination either by mail or personal service, to COMPANY not less than thirty
(30) days prior to the date upon which the termination is to become effective. This
right of termination shall be in addition to the right of CITY to terminate this
Agreement under the provisions of Section 22 hereof.
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(ii) In connection with the review of a particular Performance Audit, CITY reserves the
right to propose any amendment or amendments of this Agreement which the City
Council of CITY determines to be necessary by reason of the findings or results of
the Performance Audit to carry out the intent of the terms and conditions of this
Agreement.
(iii) In conjunction with any Performance Audit, CITY reserves the right to require
changes to COMPANY’S operations that CITY determines to be necessary or
appropriate by reason of the findings or results of the Performance Audit to carry
out the intent of the terms and conditions of this Agreement. If the changes to the
COMPANY’S operations entail additional costs or require additional services to be
provided, COMPANY and CITY shall mutually agree on the compensation to be
provided to COMPANY in advance of COMPANY’s implementation of such
change.
(C) The performance audit shall:
(i) be performed by a qualified firm to be selected by CITY.
(ii) be totally paid for by COMPANY and included as EXCEPTIONAL COSTS
that are recovered in the next annual rate adjustment, and
(iii) address all appropriate areas including, but not limited to the following
areas, and shall provide specific recommendations for improvement in each
area, namely:
(a) Overall organizational structure and management systems and
procedures.
(b) Efficiency of collection operations, including any analysis of routes,
schedules and the impact of franchise requirements.
(c) Compliance by COMPANY with provisions of this Agreement and
the provisions of the SB 1383 regulations that apply directly to COMPANY
by operation of law or are included in Exhibit C of this Agreement.
(d) Staffing and management practices, including the deployment of
management and supervisory personnel.
(e) Financial management practices, including COMPANY’s billing
and collection system and its policies with regard to uncollected accounts.
(f) Procedures for receiving and resolving customer complaints and
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concerns, including damage to customer-owner containers and
disappearance of container covers.
(g) Procedures for the acquisition, maintenance and replacement of
equipment; types of equipment; rationale for recent capital investments; and
financing options.
(h) Utilization and management of facilities.
Section 3. City Fees
CITY and COMPANY acknowledge that an exclusive franchise is a special agreement that
has been negotiated between CITY and COMPANY. The exclusive franchise that has been granted
through this Agreement is intended to allow COMPANY to use CITY property to provide
collection services. The amount of the fees paid by COMPANY to CITY as set forth in this
Agreement, in the aggregate, does not exceed CITY’s reasonable costs in conferring the benefits
or granting the privileges conferred or granted by this Agreement to COMPANY, including,
without limitation, access to CITY streets to operate heavy equipment, to collect refuse, and to
place or to allow to be placed COMPANY’s collection containers within public rights of way; and
the exclusive right to collect refuse within CITY’s jurisdiction for profit. Such costs to CITY are
impossible or impracticable to calculate, but include, without limitation, staff time and the costs
of legal counsel and other outside consultants to negotiate and to administer this Agreement, in
addition to the City’s costs to maintain its streets and sidewalks, which COMPANY uses in the
performance of services hereunder, it being agreed and understood that COMPANY’s vehicles
used in performing those services are heavier than average vehicle weights such that they may
cause greater wear and tear on CITY streets than typical vehicles.
In consideration of the exclusive franchise granted to COMPANY by this Agreement,
CITY shall be paid and retain an administrative fee of four percent (4%) (which does not exceed
CITY’s costs of providing services related to this Agreement) and a franchise fee of five percent
(5%) (which was negotiated in good faith and at arms-length, does not exceed the fair market value
of CITY property used by COMPANY pursuant to this Agreement, and is consistent with the
franchise fees paid by franchise waste haulers in other, similar jurisdictions in California) of all
revenues received by the COMPANY from customers for services provided by the COMPANY in
the CITY hereunder. These revenues shall include, but shall not be limited to, fees received from
customers for all regularly scheduled services, fees for “on-call” services, and all other revenues
received by the COMPANY resulting from the COMPANY’s provision of services within the
CITY, but excluding revenues received from recyclable commodities or compost.
Monthly city fee payments must be computed and paid by COMPANY to CITY's Finance
Department on or before the tenth (10th) day of each month following the month the revenues were
received. For example, city fees for revenues received in October will be payable on or before
November 10.
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If any franchise fee payment, or recomputed amount, is not made on or before the due dates
specified above, COMPANY must pay as additional compensation, an interest charge, computed
from the applicable due date, at an annual rate equal to the prevailing commercial prime interest
rate in effect on the due date, plus one percent (1%).
In addition to any late payment made in accordance with the above paragraph, if a payment
is overdue by sixty (60) days or more, COMPANY will pay to CITY a sum of money equal to five
percent (5%) of the amount due in order to defray additional costs and expenses incurred by CITY
as a consequence of that delinquent payment.
No acceptance of any payment by CITY may be construed as an accord that the amount is
in fact the correct amount, nor may acceptance of payment be construed as a release of any claim
CITY may have against COMPANY for any additional sums payable under the provisions of this
Agreement.
All amounts paid are subject to independent audit and recomputation by CITY. If, after
audit, such recomputation indicates a franchise fee underpayment, COMPANY shall pay to CITY
the amount of the underpayment within twenty (20) days of receipt of written notice from CITY
that such is the case. If, after audit, any recomputation indicates a franchise fee underpayment of
more than three percent (3%), COMPANY must also reimburse CITY, within twenty (20) days of
written notification, for all reasonable costs and expenses incurred in connection with that audit
and recomputation.
Section 4. Regulatory and Consulting Fee
In consideration for the City’s cost of administering the franchise granted under this
Agreement including assuring COMPANY’s adherence to the performance standards and other
ratepayer protections provided in the Agreement, as well as compliance with new regulatory
requirements imposed by the State of California and the need for specialized expertise to ensure
compliance, COMPANY shall submit to CITY eleven (11) times each year, on the tenth (10th) day
following the last day of each month, except for the June payment that would otherwise be due in
the month of July, a Regulatory and Consulting fee of ten thousand dollars ($10,000).
Section 5. Customer Billing Practices
COMPANY shall bill all customers on a monthly, bimonthly, or quarterly basis. Customer
bills shall be on a format approved by the CITY and must be clear, concise, and understandable.
Bills also must clearly delineate all activity during the billing period, including optional charges,
rebates, and credits. All bills shall only contain charges and rates that have been approved by the
CITY for services performed under this contract.
COMPANY’s bills to customers shall be due 60 days after the billing date. COMPANY
may charge customers who have not paid their bill on time a late fee equal to one and one-half
percent (1.5%) per month of the bill amount.
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The first billing to a customer after the start of service or a change of service shall be
prorated based upon when the new or changed service commenced. Customers shall not be charged
a late fee or otherwise penalized for any failure by COMPANY, including the failure to timely or
correctly bill the customer.
In case of a billing dispute, COMPANY shall respond in writing to a written complaint
from a customer within thirty (30) days.
COMPANY shall provide credits or refunds to customers who have been missed upon
request provided that: (A) the customer notifies COMPANY by the end of the next business day;
and (B) COMPANY is unable to provide collection within two (2) days after notification. For
each event that service has been missed, the credit shall equal a pro-rata share of the billing for
one full week. All credits for service must be issued no later than the customer's next billing cycle
following the determination that a credit is warranted. Credit determinations by COMPANY shall
be completed within thirty (30) days. For customers terminating service, refunds shall be issued
promptly, but no later than thirty (30) days after the customer’s last day of service.
COMPANY shall enter into good faith negotiations with the owners or managers of mobile
home parks and other commonly-billed developments to develop an equitable billing and
monitoring system.
Unless otherwise expressly provided in this Agreement, all services provided by
COMPANY hereunder shall be provided to customers that sign up for service with COMPANY
and at rates not exceeding the rates provided for in this Agreement.
Section 6. Franchise Services
(A) COMPANY shall furnish the personnel, labor and equipment required for the
billing, payment acceptance, collection, removal, handling, transfer, processing, marketing and
disposal of all Solid Waste Matter generated within the corporate limits of the City of Gilroy, and
to sweep all public streets and parking lots of City Facilities (as designated in Exhibit G) as set
forth in Exhibit F, all in accordance with the terms and conditions set forth in this Agreement.
COMPANY shall also provide equipment, vehicles, personnel and supervision for the curbside
collection of Recyclable Material and Organic Material to all single-family units and multi-family
units receiving residential Refuse collection and disposal service from COMPANY in Gilroy and
for the collection of Recyclable Material and Organic Material from business establishments
receiving Refuse collection and disposal service from COMPANY in Gilroy, all in accordance
with the terms and conditions set forth in this Agreement. All containers provided by COMPANY
shall conform to the provisions of Exhibit C. COMPANY shall collect all Recyclable Material and
Organic Material placed in appropriate containers and properly set out by the generator.
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(i) Organic Material shall be placed by the customer in a COMPANY-provided
container or customer provided thirty-two-gallon (32-gallon) container or tied in bundles
no greater than three (3) feet in length and two (2) feet in diameter. For residential
customers with cart service, up to seven (7) additional thirty-two gallon (32-gallon)
containers or bundles may be set out for collection by COMPANY.
(ii) Upon request from a resident, COMPANY may send a representative to a home to
verify that excess Yard Trimmings generated have been generated from that resident’s
home. COMPANY will provide the resident a voucher(s) sufficient to dispose of Yard
Trimmings at the San Martin Transfer Station or a different facility owned by COMPANY
without a charge. Upon delivery to the San Martin Transfer Station or different facility
owned by COMPANY, resident must provide said voucher and proof of residency where
voucher was issued.
(iii) The COMPANY shall not be required to collect, and may leave on the curbside,
any container or bundle which is contaminated by or mixed with Hazardous Waste,
substantially contaminated by or mixed with non-Recyclable Material or non-Organic
Material (for Recyclable Material and Organic Material containers, respectively), or any
material that is in such a quantity as to indicate that it was not generated by the average
reasonable use of the property. COMPANY shall leave notice with the load explaining why
it was not collected.
(iv) Upon request, the COMPANY shall enter into good faith negotiations with the
owners or managers of mobile home parks and other commonly-billed developments to
institute recycling and organics collection systems that addresses the special needs of these
properties. This provision is not intended, however, to require the COMPANY to use
specialized equipment or containers at these properties, absent agreement with the mobile
home parks or other commonly-billed developments to do so.
(v) COMPANY shall collect household batteries that are contained in zipper plastic
bags provided by the customer and placed on top of the container designated for Recyclable
Material, and used motor oil and filters that are placed in a COMPANY provided, sealed,
oil container or COMPANY provided oil filter bag.
(B) COMPANY also agrees, as a part of the consideration for the awarding to it of the
right, franchise and privilege for collecting Solid Waste Matter in the City of Gilroy, to collect for
CITY, without any charge, Solid Waste Matter from all City Facilities, at the locations and service
levels specified in Exhibit G. Upon written notice to COMPANY, CITY may modify the City
Facilities receiving service and the service levels for any City Facility from among the available
service options set forth on the rate sheet. Notwithstanding the foregoing, COMPANY shall be
entitled to compensation for collection services at CITY operated premises that significantly
exceed those provided as of the date of this Agreement as EXCEPTIONAL COSTS in the event
that such additional CITY services result in COMPANY creating an additional route or adding
personnel to service such locations. Compensation for such additional services shall be in an
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amount equal to the number of additional services provided at the then established rate for the
specific additional services.
Upon written direction from CITY, COMPANY will also collect Refuse generated at City-
identified homeless encampments or other sites with extraordinary litter or refuse collection needs
and provide any carts, bins, and debris boxes necessary for that purpose. The material must be
loaded into the COMPANY-provided containers either by CITY personnel or other CITY
contractors or discarded into the COMPANY-provided containers by residents of the homeless
encampments themselves. COMPANY may recover its then-applicable franchised rates for
performing these services as EXCEPTIONAL COSTS under Section 9 in its rates for the year
following provision of the services.
Upon written direction from CITY, COMPANY will provide labor, vehicles and supplies
to service complaints of illegal dumping of bulky items on public properties and dispose of the
dumped items and materials. COMPANY shall only be required to collect material that is on the
public right of way or on CITY property in a location easily accessible by Company’s personnel
and vehicles; that fits into COMPANY’s vehicle; that can be readily loaded without sweeping or
gathering; and that can be safely loaded into the vehicle by two (2) people without being carried
more than twenty-five feet (25’). Notwithstanding the foregoing or anything else in this
Agreement, COMPANY shall not be required to collect any material that, in COMPANY’s
reasonable opinion, may pose a danger to employees of COMPANY or that appears to be personal
property and not abandoned waste.
All Recyclable Material and Organic Material collected from CITY premises will be sent
for processing for diversion from landfill disposal if it is reasonably source separated from other
Solid Waste Matter.
CITY staff and contractors serving CITY Facilities may haul and deposit Solid Waste,
Construction and Demolition Debris, Recyclable Materials, Yard Trimmings and other Organic
Materials generated in the course of routine CITY business (this would not include demolition of
buildings or large construction projects) directly to any Transfer Station owned by COMPANY or
another corporation affiliated with COMPANY without any charge for as long as the Transfer
Station is owned by COMPANY, its current parent corporation, or its successor or assignee.
COMPANY also agrees to provide weekly parking lot sweeping services at all CITY premises,
buildings, city-owned parking lots, and installations.
(C) Collection of Solid Waste, Recyclable Material and Organic Material shall be at the
curbside of the customer’s property unless arrangements are made with COMPANY by the
customer for on-premises, side yard or backyard pickup and payment of the additional rate for side
yard or backyard pickups. COMPANY will collect and process Organic Materials in conformance
with the Organic Materials provisions described in detail in Exhibit C to this Agreement.
(D) COMPANY may provide additional services upon request of CITY subject to the
establishment of a rate therefor. Provided, however, if COMPANY elects not to provide a proposed
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new service and so notifies CITY in writing, CITY retains the right to perform the proposed new
service itself or to contract with another business entity to provide it, provided that the proposed
new service does not conflict with the exclusive rights granted to COMPANY by this Agreement.
(E) For residential premises, COMPANY shall establish an “On-Call Bulky Item
Collection Program” to collect bulky items and other difficult to collect items. COMPANY shall
provide up to the Specified Amount of on-call bulky item collections to each premises per calendar
year, at the request of the customer (i.e., the building owner or manager, not a tenant), and at no
additional charge to the customer. For residential premises with cart service, the Specified Amount
shall equal two (2) collections per calendar year. For residential premises with bin service, the
Specified Amount shall equal one-half of the number of units in the premises, rounded up (e.g.,
10 collections/year for a 19-unit building). By mutual consent with any residential customer with
bin service, COMPANY may replace some or all of the Specified Amount of on-call bulky item
collections for such customer with equivalent volume debris box service for the collection of bulky
items.
To be eligible for collection, bulky items must be set out by the customer within three feet
of the public roadway, or any other location agreed by COMPANY and the customer that can be
safely and efficiently accessed by COMPANY’S collection crew and vehicle. In addition, the
customer must notify COMPANY, at the time the customer requests the service, what the bulky
items will be. Bulky item collection shall be scheduled at a time mutually agreed by COMPANY
and the customer during COMPANY’S normal collection hours.
For each bulky item collection, a customer may set out either:
(a) Up to two cubic yards of solid waste, properly bagged or bundled, or containerized
in customer-provided disposable containers.
(b) Up to two pieces of furniture or appliances (emptied of any contents, if applicable).
A mattress/box spring set is eligible for collection as equivalent to one piece of furniture.
COMPANY shall not be required to collect: any individual item that weighs more than two
hundred (200) pounds or is more than six feet (6’) in length; Construction and Demolition Debris;
Hazardous Waste other than electronic waste; motor vehicles or parts; tires; liquids or sludge; dirt,
rock, concrete or asphalt; or stumps or large limbs.
COMPANY shall provide information and CITY-approved guidelines on the program to
the residential customers, including owners and/or property managers at housing complexes, at
least annually. COMPANY shall provide draft guidelines to CITY and solicit CITY approval
thirty (30) days prior to planned finalization of guidelines.
Unused bulky item collections shall not roll over to subsequent years. If a customer
requests a bulky item collection in excess of the numbers specified above, COMPANY shall
provide the service at the normal bulky item collection rate approved by CITY after notifying the
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customer of the charge.
(F) COMPANY shall provide regular, scheduled collection service for Residential
collection of Recyclable Material on a weekly basis on the same day as regular Refuse collection
service. Collection from businesses shall be performed on a weekly schedule as arranged by the
COMPANY with the participating businesses.
(G) COMPANY shall not alter or adjust collection schedules without providing prior
notice of at least (14) days to all service addresses, and any schedule modification shall not result
in reduced service frequency to any customer. COMPANY shall collect and remove from any and
all premises, within twenty-four (24) hours after demand, notice or request, any and all Solid Waste
Matter that COMPANY shall have failed to collect and remove as required at the regular schedule
time.
(H) CITY and COMPANY shall mutually agree upon the routes, days and hours for the
collection of Solid Waste Matter. Unless so agreed, routes serving residential areas shall not reach
the first customer earlier than 6:00 a.m. and must end no later than 7:00 p.m., and collections need
only be made Monday-Friday, excluding holidays.
(I) Twice annually, on dates to be mutually agreed upon between CITY and
COMPANY, COMPANY shall accept, without a charge, mattresses from CITY residents for
disposal at the COMPANY’s facility located at 1351 Pacheco Pass, Gilroy, or a different facility
owned or operated by COMPANY.
(J) CITY desires to purchase compost on behalf of compost customers of COMPANY
up to a certain number of tons per calendar year to be determined by CITY on an annual basis. No
later than December 1 of each calendar year of the Agreement, CITY shall notify COMPANY in
writing of the number of tons of compost that the CITY will commit to purchase on behalf of
COMPANY’s compost customers during the upcoming calendar year (the “Annual Compost
Commitment”). CITY and COMPANY shall mutually agree on a form of documentation that may
be used by eligible customers to request CITY to pay COMPANY for compost tendered to such
customer. The form will be published on the CITY website and, provided that CITY has not
already met its Annual Compost Commitment, be made available by COMPANY to compost
customers desiring to purchase at least forty (40) cubic yards or twenty (20) tons of compost and
COMPANY shall inform such customers about the opportunity to have their compost paid for by
CITY upon such customers submission and acceptance of the paperwork required by CITY. CITY
shall supply COMPANY with documentation authorizing its purchase of compost hereunder prior
to COMPANY’s tender of compost that is to be paid for by CITY. The compost customer shall be
required to pay all transportation and any other costs associated with their purchases. CITY agrees
that the price per ton of compost that CITY will pay for compost purchased under this section will
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be COMPANY’s then applicable market rate at the time of the sale and such price will be noted
on the documentation approved by CITY that authorizes each sale.
At the end of each calendar year, COMPANY shall calculate the total price of all compost
purchased by CITY under this section as set forth on the documentation approved by CITY
throughout the year and include that amount as an EXCEPTIONAL COST in its rate application
for the year following the sale of the compost. Notwithstanding the foregoing, in the event that
COMPANY is unable to recover any amounts owed to COMPANY under this section through a
corresponding adjustment to the maximum service rates for any reason, CITY shall pay
COMPANY directly for such costs in quarterly installments over a twelve month period beginning
on the date that a claim is made by any person, entity, agency, or party that would, if successful,
prevent COMPANY from recovering payment for compost sold under this section or if
COMPANY is restricted or prevented in any manner from including such costs in its
EXCEPTIONAL COSTS or recovering amounts owed through the rates.
Notwithstanding anything else in this Agreement, CITY shall indemnify COMPANY
against any and all losses, liabilities, fines, penalties, claims, damages, liabilities or judgments,
including attorney’s fees, arising out of or relating to CITY’s or COMPANY’s alleged or actual
failure to comply with Article XIlIC or XIIID of the California Constitution or SB 1383 with
respect to the CITY’s or COMPANY’s performance under this Section 5(J). In
contrast, COMPANY shall have no defense, indemnity or other obligation to CITY with respect
to any and all losses, liabilities, fines, penalties, claims, damages, liabilities or judgments,
including attorney’s fees, arising out of or relating to CITY’s or COMPANY’s alleged or actual
failure to comply with Article XIlIC or XIIID of the California Constitution or SB 1383 with
respect to CITY’s or COMPANY’s performance under this Section 5(J). Nothing in this
Agreement shall be deemed an admission by CITY or COMPANY that Articles XIIIC or XIIID
of the California Constitution apply to any portion of the rates charged by COMPANY under this
Agreement and COMPANY does not represent or warrant that the provision of compost under this
Agreement shall satisfy any of CITY’s obligations under SB 1383.
(K) Provided that CITY has made a written funding request to COMPANY prior to
January 31, COMPANY shall pay CITY a solid waste implementation fee in an amount to be set
by CITY, in addition to the franchise fee, the administrative fee, and the Regulatory and Consulting
fee. The proceeds of the solid waste implementation fee shall be used to fund the costs incurred
by CITY to provide trash capture and litter abatement requirement activities, SB 1383 enforcement
activities, and/or for other related CITY implementation activities as required by Local, Regional,
State, or Federal permits, laws, and/or regulations relating to the collection and/or management of
trash or solid wastes and the amount of the fee set by CITY shall not exceed the reasonably
anticipated costs to be incurred by CITY for the foregoing activities. CITY may change the amount
of the solid waste implementation fee from time to time based on its estimated actual costs for
providing such activities, provided, however, that COMPANY shall not be required to pay the
initial implementation fee or any changed fee until the rate adjustment required by Section 9(C)
has taken effect. CITY shall provide COMPANY with a written funding request prior to January
31 of each year for payment requirements to become effective July 1 of the same calendar year
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and proportional payments will be made by COMPANY to CITY on a quarterly basis and
submitted at the same time as the quarterly franchise fee payment. COMPANY may include these
solid waste implementation fee funds as EXCEPTIONAL COSTS in its rate application for the
year the implementation fee is to be paid by COMPANY to CITY.
(L) COMPANY shall comply with each of the following requirements:
(i) All collection vehicles and equipment shall be modern and so constructed and
maintained to prevent leakage, spillage and overflow. COMPANY shall maintain
all vehicles, detachable containers and debris boxes in a clean and sanitary
condition, and shall perform such maintenance as is necessary to assure that each
vehicle and piece of equipment is capable of performing all functions for which it
was designed. COMPANY shall maintain an equipment replacement schedule to
be provided to CITY upon its request.
(a) All trucks and equipment shall be clearly identified with COMPANY name,
a current local business telephone number, and a vehicle identification
number in letters not less than two and one-half (2-1/2) inches in height.
(b) CITY may refuse to permit the operation within the City limits of any
vehicle not adequately serviced, cleaned or in need of repair. Removal of
vehicles for servicing and repair shall not relieve the COMPANY from
maintaining all collection schedules.
(ii) COMPANY shall not litter premises in the process of making collections nor allow
Solid Waste Matter to blow or fall from any vehicles used for collections.
COMPANY shall replace lids or covers on containers immediately after emptying
the same and shall repair or replace at its expense any containers damaged as a
result of its handling thereof, normal wear and tear excepted. COMPANY shall
clean up all spills including oil and debris on the streets resulting from its operation.
(iii) COMPANY shall establish and maintain an office where complaints may be made.
Such office shall have a responsible individual available daily between the hours of
eight o’clock a.m. and five o’clock p.m., excepting Saturday, Sunday and such
holidays as are recognized by COMPANY and approved by CITY. The following
holidays have been approved by City: New Year’s Day, Martin Luther King Day,
Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the day after
Thanksgiving, and Christmas Day. Calls for missed collections shall be received
twenty-four (24) hours per day.
(iv) CITY agrees to require all customers to place their Refuse in metal containers or
wheeled carts provided by the COMPANY. COMPANY shall offer residents their
choice of 32-gallon, 64-gallon, and 96-gallon carts for Refuse collection. In
addition, residential customers shall receive four bag tags (“FREE Tags”) per year
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that may each be used for up to 32-gallons of excess Refuse to be placed alongside
their cart and such Refuse will be collected at no additional charge. Customers may
place any excess Refuse that does not fit into their cart or container or that is not
placed out with a bag tag in plastic bags alongside their cart for a fee.
(v) COMPANY shall provide residents with appropriate recycling containers
reasonably acceptable to CITY for the collection of Recyclable Materials. At all
times the containers shall be the property of the COMPANY. CITY and
COMPANY agree that all curbside containers provided by the CITY prior to the
effective date of this AGREEMENT shall be the property of the COMPANY.
COMPANY shall make a reasonable effort to maintain or replace damaged or lost
recycling containers and to ensure that new customers are provided recycling
containers within one week of commencing service.
COMPANY shall offer residents their choice of containers including bins, 32-
gallon carts and 64-gallon carts for Recyclable Material and 64-gallon and 96-
gallon carts for Organic Material. Residents that do not typically set out Yard
Trimmings will also be offered a 32-gallon cart for Organic Material. The initial
mix of containers offered to residents by the COMPANY shall include one cart for
Recyclable Material and one cart for Organic Material, in addition to the cart for
Solid Waste. Upon customer request, COMPANY shall provide and deliver indoor
food waste collection containers to residential customers. COMPANY shall assist
customers in locking organic collection containers upon request.
COMPANY shall provide additional containers to any resident requesting
additional containers for Recyclable Material or Organic Material collection
service provided the request is consistent with the amount of Recyclable Material
or Organic Material potentially generated at the residence.
COMPANY shall provide businesses with recycling containers adequately sized to
contain cardboard for recycling and reasonably acceptable to CITY for the
collection of Recyclable Material. At all times the containers shall be the property
of the COMPANY.
(vi) COMPANY shall replace all Solid Waste, Recyclable Material, and Organic
Material containers used by its customers in an upright position, in approximately
the same location where the containers were immediately before COMPANY
emptied them and use best efforts to replace containers with lids closed.
COMPANY shall return all commercial bins to the location where the containers
were immediately before COMPANY emptied them, within any enclosures
provided and shall make reasonable efforts to close bin lids and shall close any
doors or gates provided for screening the bins. COMPANY shall instruct its
employees to comply with the foregoing requirements and shall exercise sufficient
supervision of its employees to assure that these instructions are followed.
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(vii) COMPANY shall not collect Yard Trimmings during the collection of Solid Waste
unless the Yard Trimmings are not reasonably visible to the COMPANY employee.
COMPANY shall make reasonable efforts to not collect corrugated cardboard
during the collection of residential garbage unless the cardboard is not reasonably
visible to the COMPANY employee. If, prior to servicing the container, yard
trimmings or cardboard become visible to a COMPANY employee, said employee
shall not empty that container. COMPANY employees shall leave a CITY-
approved explanatory notice on all garbage containers not emptied because they
contained yard trimmings or cardboard. If a customer requests that the COMPANY
return to an address to collect garbage that has had Yard Trimmings or cardboard
removed from it and is now collectable, COMPANY shall return within 24 hours
after the customer has agreed to pay the extra collection fee contained in Exhibit A,
Schedule of Rates.
(viii) COMPANY shall be responsible for transporting Solid Waste, Construction and
Demolition Debris, Recyclable Material and Organic Material collected under this
Agreement to designated processing facilities. As of the date of this Agreement, the
current designated processing facilities are identified on Exhibit D. COMPANY
and CITY acknowledge that the designated facilities are subject to change
throughout the term of this agreement based on external factors and market
conditions.
(ix) COMPANY will make reasonable efforts to ensure that all Recyclable Material are
not disposed of in landfills.
(x) When recyclables are not collected from any customer for any reason including the
presence or suspected presence of Hazardous Waste or contaminants, COMPANY
shall notify its customer in writing why the collection was not made. COMPANY
has represented to CITY that COMPANY will carry out its duties to notify all
agencies with jurisdiction, including the California Department of Toxic Substance
Control and Local Emergency Response Providers, and if appropriate, the National
Response Center, of reportable quantities of Hazardous Waste, found or observed
in solid waste anywhere within the CITY, including on, in, under or about CITY
property, including streets, easements, rights of way and city waste containers. In
addition to other required notifications, if COMPANY observes any substance
which it or its employees reasonably believe or suspect to contain Hazardous Waste
unlawfully disposed of or released on CITY property, including streets, storm
drains, or public right of way, COMPANY also will immediately notify the City
Administrator, or the City Administrator's designee.
(xi) COMPANY shall satisfactorily provide comprehensive customer service for waste
diversion programs, including but not limited to responding to complaints,
answering questions and handling missed pick-ups. Missed pick-ups shall be
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collected within one business day of being reported. A record of customer
complaints and disposition shall be maintained by COMPANY and made available
to CITY at CITY’s request.
(xii). COMPANY shall develop and implement an outreach and education program as
set forth on Exhibit E and shall also provide supplemental education and outreach
related to Organic Material collection as set forth in Exhibit C. Upon mutual
agreement, COMPANY may also provide additional assistance in conducting the
public awareness/education program. Such assistance may include but is not
limited to: 1) providing assistance in developing educational and promotional
programs and materials; 2) distributing educational and promotional materials; 3)
providing recycling vehicle(s) and personnel for appearances at special events such
as parades, fairs, etc.; and 4) distributing an annual calendar for street sweeping.
CITY may, at its discretion, require substantial and extraordinary additional
education and outreach activities to be provided by COMPANY beyond those
described above. COMPANY may recover its reasonable and necessary costs for
performing these activities as EXCEPTIONAL COSTS in its rate application for
the year following provision of the services.
(xiii) Within thirty (30) days after the end of each month, COMPANY shall submit to
CITY written monthly reports, in a format reasonably acceptable to the CITY, that
provide the following information:
a. Collected Tonnages - a monthly summary of the quantity, by weight, of each
recyclable material collected.
b. Participation Rates - a monthly reasonably estimated summary of the total
number of households served per route, the actual number of households
participating, the number of pickups per route, the percentage of pickups by
route, and the number of businesses participating in the cardboard recycling
program.
c. Recycling Costs and Revenues - a monthly summary of the total dollar amount
received in revenue or paid out in processing cost for Recyclable Materials
collected
(xiv) Equipment Maintenance - COMPANY shall maintain all equipment in a clean
condition and in good repair at all times. All parts and systems of the equipment
shall operate properly and be maintained in a condition reasonably satisfactory to
CITY. COMPANY shall repaint all equipment on a frequency necessary to
maintain a positive public image as reasonably determined by the CITY.
(xv) Bins and carts for Garbage, Recyclable Material and Organic Material shall be
delivered to the customer within five (5) working days of the request for service by
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the customer.
(xvi) Care shall be taken by the COMPANY’s employees to prevent damage to bins and
carts by unnecessary rough handling. Bins and carts damaged by the COMPANY’s
employees shall be replaced by the COMPANY, at COMPANY’s sole expense,
within five (5) working days of the request by the customer or by the CITY.
(xvii) Change in bin size. COMPANY shall within five (5) working days of request by
customer, exchange bins for a larger or smaller size bin. Customer may request a
change in bin size twice a year at no additional charge. Additional bin exchanges
shall be subject to a handling fee.
(xviii) Bin Cleaning. COMPANY shall within five (5) working days of request by
customer, exchange bins to provide a clean bin. Customer may request a clean bin
once a year at no additional charge. Additional bin exchanges shall be subject to a
handling fee.
Section 7. Performance Standards and Liquidated Damages
(A) General. The Parties find that as of the time of the execution of this Agreement, it
is impractical, if not impossible, to reasonably ascertain the extent of damages which shall be
incurred by City as a result of a breach by COMPANY of its obligations under this Agreement.
The factors relating to the impracticability of ascertaining damages include, but are not limited to,
the fact that: (i) substantial damage results to members of the public who are denied services or
denied quality or reliable service; (ii) such breaches cause inconvenience, anxiety, frustration, and
deprivation of the benefits of the Agreement to individual members of the general public for whose
benefit this Agreement exists, in subjective ways and in varying degrees of intensity which are
incapable of measurement in precise monetary terms; (iii) exclusive services might be available at
substantially lower costs than alternative services and the monetary loss resulting from denial of
services or denial of quality or reliable services is impossible to calculate in precise monetary
terms; and (iv) the termination of this Agreement for such breaches, and other remedies are, at
best, a means of future correction and not remedies which make the public whole for past breaches.
(B) Service Performance Standards; Liquidated Damages for Failure to Meet
Standards. The Parties further acknowledge that consistent, reliable Collection Services, as
described in detail in Section 6 of this Agreement, are of utmost importance to City and that CITY
has considered and relied on COMPANY’s representations as to its quality of service commitment
in awarding the Agreement to it. The Parties recognize that some quantified standards of
performance are necessary and appropriate to ensure consistent and reliable service and
performance. The Parties further recognize that if COMPANY fails to achieve the performance
standards, or fails to submit required documents in a timely manner, CITY and its residents and
businesses will suffer damages, and that it is, and will be, impractical and extremely difficult to
ascertain and determine the exact amount of damages that CITY will suffer. Therefore, without
prejudice to CITY’s right to treat such non-performance as an event of default, the Parties agree
that the Liquidated Damages amounts established in this Agreement represent a reasonable
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estimate of the amount of such damages considering all of the circumstances existing on the
Effective Date of this Agreement, including the relationship of the sums to the range of harm to
CITY that reasonably could be anticipated and the anticipation that proof of actual damages would
be costly or impractical.
Before assessing Liquidated Damages, CITY shall give COMPANY notice of its intention to do
so. The notice will include a brief description of the incident(s) and non-performance. CITY may
review (and make copies at its own expense) all information in the possession of COMPANY
relating to incident(s) and/or non-performance. COMPANY may, within ten (10) Business Days
after receipt of notice, request a meeting with CITY. CITY may present evidence of non-
performance in writing and through testimony of its employees and others relevant to the
incident(s) and non-performance. CITY Contract Administrator will provide COMPANY with a
written explanation of their determination on each incident(s) and non-performance prior to
authorizing the assessment of Liquidated Damages under this Section 7.
Should such notices of CITY intention to assess Liquidated Damages exceed $10,000 in total
during any 120 day period, COMPANY may within ten (10) Working Days of receipt of such
notice representing the amount exceeding $10,000 for such period request the opportunity to meet
with the City Administrator or their designee to respond to the intended assessment. If COMPANY
has made such request within the required timeframe, the intended assessment of Liquidated
Damages will not be imposed on COMPANY until COMPANY has been afforded the opportunity
to meet with the City Administrator or their designee to respond to the intended assessment. In
such case, the decision of the City Administrator or their designee shall be final and COMPANY
shall not be subject to, or required to exhaust, any further administrative remedies. If the City
Administrator or their designee is acting as the City Contract Administrator, the City Administrator
or their designee shall designate an alternative City representative to meet with COMPANY.
Should COMPANY not exercise its right to respond to the assessment as described in this
paragraph, and in all other cases, the decision of City Contract Administrator shall be final and
COMPANY shall not be subject to, or required to exhaust, any further administrative remedies.
COMPANY shall pay CITY the amount assessed within 30 days of receipt of the original
assessment or the City Administrator’s decision, whichever is later.
Notwithstanding the foregoing or anything else in this Agreement, COMPANY shall not be
required to pay Liquidated Damages in excess of the then applicable Annual Liquidated Damages
Maximum during each twelve month period beginning July 1 and ending June 30 of each
agreement year. The initial Annual Liquidated Damages Maximum shall be equal to $30,000. The
Annual Liquidated Damages Maximum shall be increased or decreased throughout the Term as
follows:
i) The Annual Liquidated Damages Maximum shall be increased from $30,000 to
$60,000 effective the year following any year that the Annual Liquidated Damages
Maximum was $30,000 during such year and COMPANY was assessed Liquidated
Damages of $30,000 or more during such year and such assessment was determined to
be justified after a meeting between COMPANY and CITY Administrator;
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ii) The Annual Liquidated Damages Maximum shall be increased to $90,000 effective the
year following any year that the Annual Liquidated Damages Maximum was $60,000
during such year and COMPANY was assessed Liquidated Damages of $60,000 or
more during such year and such assessment was determined to be justified after a
meeting between COMPANY and CITY Administrator;
iii) The Annual Liquidated Damages Maximum shall be decreased to $60,000 effective the
year following any year that the Annual Liquidated Damages Maximum was $90,000
and COMPANY was assessed Liquidated Damages of less than $60,000; and
iv) The Annual Liquidated Damages Maximum shall be decreased to $30,000 effective the
year following any year that the Annual Liquidated Damages Maximum was $60,000
and COMPANY was assessed Liquidated Damages of less than $30,000.
For the avoidance of doubt, Liquidated Damages in excess of the applicable Annual Liquidated
Damages Maximum shall not be carried over to subsequent years. The Annual Liquidated
Damages Maximum shall remain the same from year to year unless and until one of the events in
(i) through (iv) above trigger a modification to such amount. In the event that CITY conducts a
Performance Audit during any year that the Annual Liquidated Damages Maximum is $90,000,
such Performance Audit will not be considered an EXCEPTIONAL COST and COMPANY shall
be responsible for the cost of such Performance Audit up to a maximum of $50,000.
(C) Amount. City may assess $300 Liquidated Damages for each calendar day or event,
as appropriate, for which COMPANY is determined to have failed to meet the performance
standards described and listed in Section 6(L)(i) through 6(L)(xviii). In calculating the total
assessment, each customer experiencing the substandard service shall count as a separate instance
or event. It is agreed and understood that any time period for performance of duties stated in
Section 6(L)(i) to (xviii) is a material provision of this Agreement.
Section 8. Franchise Representative and Inspections
(A) COMPANY shall assign a qualified person to be in charge of its operations in the
CITY and shall inform CITY of such person’s identity and experience, and provide direct contact
information for such person, without an intermediary person, including e-mail address and
telephone number. It shall be such person’s responsibility to assure that all collection operations
are effectively performed and all complaints courteously handled and satisfactorily resolved.
(B) To ensure that the laws governing the performance of this Agreement are complied
with, a representative of CITY may inspect, review and observe the operations of COMPANY
during the term of this Agreement without prior notice. At CITY’s request, COMPANY shall
make designated personnel available to accompany CITY inspectors provided a minimum of
twenty-four (24) hour notice has been given to COMPANY by CITY.
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Section 9. Franchise Collection Rates
(A) COMPANY shall not charge any amount in excess of the approved schedule of
service rates for any services required or permitted to be performed by the terms of this Agreement.
The approved service rates are those set forth in Exhibit A attached hereto and incorporated herein
by reference, as such Schedule of Rates may hereafter be adjusted as provided herein.
(B) COMPANY shall submit a request for an adjustment of service rates no later than
March 1 of any given year if an annual adjustment under this subsection (B) is desired by the
COMPANY. Any approved change in service rates under this subsection shall become effective
on July 1 of the same calendar year. For purposes of adjustment, the base rates shall be the rates
in effect on January 1, in the calendar year the adjustment is made.
The annual adjustment under this subsection shall be calculated using the formula set forth
in Exhibit A2.
(C) In addition to the adjustment provided for in Section 9(B) herein, the parties agree
that service rates shall be adjusted in an amount sufficient to cover COMPANY’S Reasonable
Increased Costs resulting from any extraordinary changes in circumstances that increase the
COMPANY’s costs of providing service hereunder and that are substantially beyond the control
of the COMPANY (including, without limitation, revisions to laws, ordinances, regulations, or
other Applicable Law, or the interpretation or enforcement thereof; any change in governmental
or regulatory fees; and the unavailability for reasons beyond COMPANY’s control of any facility
to which COMPANY delivers material).
The parties furthermore agree to adjust the service rates in a mutually agreed manner to cover
COMPANY’s Reasonable Increased Costs of the following, which adjustment shall be a condition
to COMPANY implementing the following:
(i) Following prior written approval by City of a COMPANY proposal, costs of testing
and implementing alternative collection vehicle fueling strategies such as
electricity, hydrogen and hybrid propulsion, as described in Recital I; and
(ii) Changes in the franchise fee, implementation fee, or any other fee payable to CITY
pursuant to this Agreement;
In addition to the above changes in the service rates, COMPANY shall also be entitled to
temporary one-year adjustments in the service rates to recover the Reasonable Increased Costs for
additional temporary services provided by COMPANY upon written request by CITY
(EXCEPTIONAL COSTS). The temporary adjustment will not be included in the base rate used
to calculate the following year’s rate adjustment request. EXCEPTIONAL COSTS shall include,
but are not limited to, the reasonable and necessary costs associated with:
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a. A performance audit required by CITY pursuant to Section 2(B) unless the
performance audit is conducted during any year that the Annual Liquidated
Damages Maximum is $90,000. In the event that a Performance Audit is
conducted during any year that the Annual Liquidated Damages Maximum is
$90,000, the first $50,000 in performance audit costs are excluded from the
calculation of EXCEPTIONAL COSTS;
b. Cleanups of homeless encampments and other sites pursuant to Section 6(B);
c. Special on-call collections conducted upon written request by CITY, provided
that such collections are not made for the personal benefit of a public official or
appointed city employee;
d. Additional vouchers provided to residents, institutions, or businesses at City’s
request for free disposal at the San Martin Transfer Station;
e. Additional temporary public education services beyond those otherwise
required by Exhibits C and E as set forth in Section 6(L)(xii);
f. Additional city services that qualify for additional compensation as described
in Section 6(B);
g. Compost provided or delivered by COMPANY as described in Section 6(J);
and
h. Any other temporary services requested by CITY the costs of which the parties
mutually agree shall be treated as EXCEPTIONAL COSTS.
(D) Upon confirmation by CITY that COMPANY has submitted an accurate and
correctly calculated request for an adjustment of service rates, CITY shall approve new maximum
service rates and shall notify COMPANY of such maximum service rates on or before May 1 of
the year the adjustment is made. COMPANY may charge service rates that are less than or equal
to the maximum service rates approved by CITY.
Should an index named in Exhibit A2 not be published in October of any given year, the
calculations shall be performed using the most recent index values of a month immediately
preceding the October contemplated by this Amendment.
(E) COMPANY agrees to provide eligible low-income residents with a 20% discount
for residential service provided that:
(i) The resident applying for the discount can prove that they are eligible to receive the
“lifeline” discount rate offered by Pacific, Gas & Electric. COMPANY may require
reverification of eligibility annually. In the event that this utility discount is no
longer offered, the COMPANY and the CITY shall meet to agree upon a
replacement measure of eligibility. A change in the eligibility requirements for
PG&E’s “lifeline” discount rate shall be treated as a change in Applicable Law
under subsection (C) above; and
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(ii) The resident subscribes to single-can garbage service.
Section 10. Company Providing Criteria to Review Development Plans.
If requested by CITY, COMPANY shall provide CITY with examples of specific criteria
by which development plans for residential and nonresidential units may be reviewed by CITY
concerning the location of Solid Waste Matter containers and appropriate screening thereof, which
criteria CITY may choose to utilize in the review of development plans.
Section 11. Franchise Service Termination.
COMPANY may terminate service to residential customers who are one hundred twenty
(120) days in arrears in payment of rate charges and nonresidential customers who are sixty (60)
days in arrears in payment of rate charges, respectively, provided COMPANY:
(A) Shall give a customer whose service may be cut off at least (30) days written notice
prior to the proposed service termination date.
(B) Shall notify CITY in advance of each proposed service termination by property
location.
(C) Shall monitor each property location at which service has been terminated and
notify CITY of any problems observed, including accumulation of garbage on the premises.
(D) Shall promptly restore service when all amounts owing have been paid.
Section 12. Franchise Disaster Assistance
(A) In the event a wartime, natural, physical or other disaster in or proximate to the
CITY limits resulting in the declaration of a State of Emergency by the duly authorized authority
or City Council, COMPANY shall make available to CITY, all trucks, equipment and personnel
normally performing services under this Agreement, for emergency operations conducted or
directed by the CITY emergency organization, provided that CITY and COMPANY mutually
agree it is safe and practicable to do so.
(B) Upon consent from COMPANY, such consent which shall not be unreasonably
withheld based on the circumstances giving rise to the State of Emergency, CITY shall have the
right to take temporary possession of all such equipment provided by COMPANY, and to
temporarily employ all COMPANY personnel who voluntarily agree to serve as emergency
operation forces of CITY, under the direction and control of the CITY Emergency Services
Director.
(C) COMPANY shall use efforts to make available, in addition to the equipment and
personnel above, equipment and personnel from those COMPANY operations and resources not
9.2.b
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serving CITY, to the extent necessary to conduct effective refuse, waste and debris removal during
any declared State of Emergency to the specifications of the CITY Emergency Services Director.
(D) CITY shall not be required to compensate COMPANY in any manner or form for
COMPANY provision of vehicles, personnel or equipment that conforms with the regular level of
service provided under this Agreement within the CITY limits, when made available during a
declared State of Emergency. When additional vehicles, personnel hours or equipment are
provided during an emergency that exceed the level of service provided under this Agreement,
CITY shall compensate COMPANY for actual expenses incurred by COMPANY in providing
additional vehicles, personnel hours or equipment upon submission by COMPANY to CITY of
detailed records of costs and expenses actually borne by COMPANY, and upon approval by the
Federal government of CITY as reimbursement of expenses incurred by COMPANY during a
disaster.
Section 13. Franchise Indemnification
(A). Indemnification of CITY. COMPANY agrees that it shall protect, defend with
counsel reasonably acceptable to CITY, indemnify and hold harmless CITY, its officers,
employees, and agents from and against any and all losses, liabilities, fines, penalties, claims,
damages, liabilities or judgments, including attorney’s fees, arising out of or resulting in any way
from COMPANY's performance of this franchise, unless such claim is due to the negligence or
willful acts of the CITY, its officers, employees, agents, contractors or volunteers. Upon
demand of the CITY, made by and through the City Attorney, COMPANY shall appear in and
defend the CITY and its officers, employees, and agents, in any claims or actions, whether
judicial, administrative or otherwise which are within the scope of the foregoing indemnity.
THIS PROVISION SHALL SURVIVE THE EXPIRATION OF THE PERIOD DURING
WHICH SOLID WASTE AND RECYCLABLES COLLECTION, PROCESSING AND
DISPOSAL SERVICES ARE TO BE PROVIDED UNDER THIS AGREEMENT.
(B) Hazardous Substance Indemnification. COMPANY shall indemnify, defend with
counsel reasonably acceptable to CITY, protect and hold harmless CITY, its officers, employees,
agents, volunteers, assigns and any successor or successors to CITY's interest from and against all
claims, actual damages (including special and consequential damages but excluding punitive
damages), natural resources damage, injuries, cost, response, remediation and removal costs,
losses, liabilities, causes of action, suits, legal or administrative proceedings, interest, fines,
charges, penalties and expenses (including but not limited to attorneys' and expert witness fees and
costs incurred in connection with defending against any of the foregoing or in enforcing this
indemnity) of any kind whatsoever paid, incurred or suffered by, or asserted against, CITY or its
officers, employees, or agents arising from or attributable to any repair, cleanup or detoxification,
or preparation and implementation of any removal, remedial, response, closure or other plan
(regardless of whether undertaken due to governmental action) concerning any Hazardous
Substance or Hazardous Wastes at any place owned by COMPANY or its affiliates where
COMPANY processes or stores material for recycling pursuant to this Agreement, unless such
claim is due to the sole negligence or willful acts of the CITY, its officers, employees, agents,
contractors or volunteers. The foregoing indemnity is intended to operate as an agreement
9.2.b
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pursuant to Section 107(e) of the Comprehensive Environmental Response, Compensation and
Liability Act, "CERCLA", 42 U.S.C. Section 9607(e), and California Health and Safety Code
Section 25364, to defend, protect, hold harmless and indemnify CITY from liability. THIS
PROVISION SHALL SURVIVE THE EXPIRATION OF THE PERIOD DURING WHICH
SOLID WASTE AND RECYCLABLES COLLECTION, PROCESSING AND DISPOSAL
SERVICES ARE TO BE PROVIDED UNDER THIS AGREEMENT.
(C) State Mandate Indemnification. COMPANY agrees to protect, defend, with
counsel reasonably acceptable to CITY, and indemnify CITY against fines or penalties imposed
by CalRecycle in the event that the CITY fails to meet its AB 939 waste reduction goals or fulfill
its obligations pursuant to the SB 1383 Final Regulations due to the COMPANY’s failure to
satisfactorily fulfill its obligations pursuant to this Agreement, unless such claim is due to the sole
negligence or willful acts of the CITY, its officers, employees, agents, contractors or volunteers.
Section 14. Franchise Insurance and Bond.
(A) This Agreement and the privileges herein granted to COMPANY is and are
conditioned upon the faithful performance by COMPANY and by each and every one of his
subcontractors, if any, of each and all of the covenants and provisions herein agreed to be
performed by COMPANY or required to be performed by its subcontractors; and payment of all
license fees and other monies herein agreed to be paid by COMPANY.
(B) Upon execution of this Agreement, COMPANY shall furnish to CITY and shall
file with the City Clerk of CITY a corporate surety bond, in substantially the form of the bond
filed with CITY in 2021 (or in such other form as may be approved by the City Administrator and
approved as to form by the City Attorney) executed by COMPANY as principal and by a corporate
surety as surety, in the sum of $1,000,000 (One Million Dollars), conditioned upon the faithful
performance by COMPANY and its subcontractors, if any, of this Agreement.
(C) COMPANY agrees to maintain and submit evidence to CITY of, during the life of
this Agreement, insurance policies as specified in Exhibit B, Insurance Requirements.
Evidence of insurance shall be in the form of an ACORD form Certificate of Insurance and
original endorsements to policies each naming the CITY and its officers, employees and agents as
additional insureds on all policies. In the event of cancellation of any coverage, thirty (30) days
prior written notice of termination shall be given to the CITY. Notice shall be sent to:
City Administrator
City of Gilroy
7351 Rosanna Street
Gilroy, California 95020
9.2.b
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Section 15. Franchise Assignment
(A) COMPANY shall not assign, sell, subcontract or otherwise delegate authority to
perform any portion of this Agreement, including but not limited to a sale, exchange or other
transfer of substantially all of COMPANY’s assets dedicated to service under this Agreement to a
third party, or between a subsidiary and a parent company or Related Party, without the prior
written express approval of CITY. Use of third party disposal or processing facilities shall not be
deemed subcontracting or delegation of authority. In the event of any assignment duly authorized
by CITY, the assignee shall assume the liability of COMPANY.
(B) No sale, gift, or transfer of stock or other interest of COMPANY, including but not
limited to any reorganization, consolidation, merger recapitalization, stock issuance or re-issuance,
voting trust, pooling agreement, escrow arrangement, liquidation or other transaction to which
COMPANY or any of its shareholders is a party, which would result in a change of Control of
COMPANY, shall be made without prior written approval of the City Council. Violation of this
provision shall be a breach of this Agreement and grounds for termination by CITY without the
need for compliance with the notification requirements of Section 20.
(C) If COMPANY shall at any time during the Term become insolvent, or if
proceedings in bankruptcy shall be instituted by or against COMPANY (and, if against
COMPANY, not dismissed or stayed within 90 days), or if COMPANY shall be adjudged bankrupt
or insolvent by any court, or if a receiver or trustee in bankruptcy or a receiver of any property of
COMPANY shall be appointed in any suit or proceeding brought by or against COMPANY, or if
COMPANY shall make an assignment for the benefit of creditors, then and in each and every such
case, this Agreement shall immediately cease, terminate, and be canceled upon written notice by
CITY and without the necessity of suit or other proceeding.
(D) If COMPANY requests CITY’s consideration of and consent to an assignment,
CITY may deny or approve such request in its complete discretion. CITY need not consider any
request by COMPANY for consent to an assignment unless and until COMPANY has met the
following requirements:
(i) COMPANY shall pay to CITY the transfer fee described in Section 15 (E).
(ii) COMPANY shall furnish CITY with audited financial statements of the
proposed assignee’s operations for the immediately preceding five (5)
operating years.
(iii) COMPANY shall furnish CITY with satisfactory proof that the proposed
assignee has the demonstrated technical capability to perform all Collection
Services, including: (a) that the proposed assignee has at least 10 years of
experience in the provision and management of Solid Waste and
Recyclables Collection Services on a scale equal to or exceeding the scale
of operations conducted by COMPANY under this Agreement; (b) in the
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last five (5) years, the proposed assignee has not suffered any significant
citations or other censure from any State, federal or local agencies and the
assignee has provided CITY with a complete list of such citations and
censures; (c) the proposed assignee has at all times conducted its operations
in a environmentally safe and conscientious fashion; (d) the proposed
assignee conducts its Solid Waste and Recyclables Collection Services in
accordance with sound Solid Waste and Recyclables practices, and in full
compliance with all federal, State and local laws regulating the collection
and Disposal of Solid Waste including hazardous substances; and (e) any
other information required by CITY to ensure the proposed assignee can
fulfill the terms of this Agreement in a timely, safe and effective manner.
(E) Any application for an assignment transfer shall be made in a manner prescribed
by the City Administrator. The application shall include a nonrefundable transfer fee in the amount
of Fifty Thousand Dollars ($50,000) to cover the cost of all direct and indirect administrative
expenses including consultants and attorneys, necessary to adequately analyze the application and
to reimburse CITY for all direct and indirect expenses. In addition, COMPANY shall reimburse
CITY for any and all additional costs related to the assignment requested and not covered by the
transfer fee. Bills shall be supported with evidence of the expense or cost incurred. COMPANY
shall pay such bills within (30) days of receipt. The transfer fees are over and above any
COMPANY Fees specified in this Agreement.
(F) If CITY consents to an assignment, COMPANY shall cooperate with CITY and the
assignee to assist in an orderly transition.
Section 16. Franchise Waste
It is expressly understood that all Solid Waste, Recyclable Material, Organic Material, and
Construction and Demolition Debris collected under this Agreement becomes the property of
COMPANY at the point in time it is loaded onto COMPANY’S vehicle, subject to the requirement
of delivery of Solid Waste to a disposal site, Recyclable Material to a recycling facility, and
Organic Material to an organic waste facility, and Construction and Demolition Debris to an
appropriate disposal or processing facility. However, title to Hazardous Waste shall not pass to
COMPANY pursuant to Section 6(A)(v) or 6(E) of this Agreement and shall remain with the
generator, unless purposefully collected by COMPANY pursuant to one of the Hazardous Waste
collection programs provided for in this Agreement. At no time does CITY obtain any right of
ownership or possession of solid waste or recyclables placed for collection, and nothing in this
Agreement shall be construed as giving rise to any inference that CITY has any such rights. CITY
and COMPANY agree that, for the purposes of the Uniform Commercial Code and all other laws
imposing liability for defective products, it is COMPANY, and not CITY that is to be considered
the “merchant” of goods recycled pursuant to this AGREEMENT.
COMPANY shall ensure that all disposal, transfer, Recyclable Material processing, and
Organic Material processing and Construction and Demolition Debris processing and/or disposal
9.2.b
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facilities owned and used by the COMPANY or other corporations affiliated with COMPANY in
the performance of this Agreement are properly permitted and in material compliance with
Applicable Law at all times during the Term. COMPANY shall immediately inform the City
Administrator in writing in the event of any material noncompliance with Applicable Law by such
facility, and CITY, in its sole discretion, shall have the right to require the use of a different facility,
to be selected by COMPANY. The City Council may also, in its sole discretion, require the use
of a different site at any time during the Term if any such facility (as the case may be) is found to
not be in material compliance with the provisions of this Section, and the City Council determines
that such facility (as the case may be) is not acceptable due to a failure to comply with the terms
of this Section or a finding by State or federal regulatory agencies that it is not in material
compliance with Applicable Law, including the Environmental Statutes, and is unable to accept
City’s Solid Waste, Construction and Demolition Debris, Organic Material or Recyclable Material
(as the case may be).
COMPANY's written arrangements with its customers for collection of Recyclable
Material or Organic Material within CITY (if any) will provide that, subject to the right of the
customers to claim lost property, title and the right to possession, and liability for all recyclables
which are set out for collection on the regularly scheduled collection day shall pass to COMPANY
at the time they are placed in the COMPANY’s truck. The COMPANY shall have the right to
retain any benefit or profit resulting from its right to retain, recycle, compost, dispose of or use the
recyclables that it collects. At no time does the CITY obtain any right of ownership or possession
of recyclables placed for collection, and nothing in this Agreement shall be construed as giving
rise to any inference that CITY has any such rights. COMPANY will utilize their best efforts to
implement and maintain waste recovery or recycling programs. COMPANY shall have the first
right and option and right of first refusal for the recycling of any type of material within the CITY
subject to applicable laws. However, if COMPANY chooses not to recycle a type of material
which CITY deems recyclable, CITY may, at its option, cause or implement independent recycling
programs to handle said waste, provided that the proposed program does not conflict with the
exclusive rights granted to COMPANY by this Agreement.
Section 17. Franchise Waiver
The waiver by CITY of any breach or violation of any term, covenant or condition of this
Agreement or of any provision, ordinance or law shall not be deemed to be a permanent waiver of
such term, covenant, condition, ordinance or law, or of any subsequent breach or violation of the
same or of any other term, covenant, condition, ordinance or law. The subsequent acceptance by
CITY of any franchise or other fee or of any other monies which may become due hereunder to
CITY shall not be deemed to be a waiver of any preceding breach of violation by COMPANY of
any term, covenant or condition of this Agreement or of any applicable law or ordinance.
Section 18. Franchise Administration
The administration and enforcement of this Agreement shall be the responsibility of the
City Administrator or designated representatives of that office.
9.2.b
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Section 19. Franchise Independent Contractor Status
It is agreed that COMPANY is an independent contractor, and all persons working for or
under the direction of the COMPANY are the COMPANY's agents, servants, employees, and said
persons shall not be deemed agents, servants or employees of CITY.
Section 20. Franchise Notice
All notices shall be personally delivered or mailed, via first class mail or nationally
recognized overnight courier, to the below listed addresses. These addresses shall be used for
delivery of service of process. Notices so sent shall be effective five (5) days after date of
mailing, or upon date of personal delivery.
Address of COMPANY is as follows:
RECOLOGY SOUTH VALLEY
1351 Pacheco Pass Highway
Gilroy, CA 95020
with a copy to:
Recology South Valley
Attn: Legal Department
50 California Street, 24th Floor
San Francisco, CA 94111
Address of CITY is as follows:
City Administrator
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
with a copy to:
City Clerk
7351 Rosanna
Street
Gilroy, CA 95020
Section 21. Continuity of Services
None of the following are to be considered an excuse from performance, and COMPANY
shall be obligated to continue to provide service notwithstanding the occurrence of any or all of
such events: (a) general economic conditions, interest or inflation rates, or currency fluctuation or
changes in the cost of fuel, commodities, supplies or equipment; (b) changes in the financial
condition of COMPANY or any of its subcontractors affecting their ability to perform their
obligations; (c) the consequences of errors, neglect or omissions by COMPANY, or any
subcontractor; (d) failure of any subcontractor or supplier to furnish labor, materials, service or
equipment; (e) equipment failure; (f) changes in market prices for, or the unavailability of markets
9.2.b
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for, the sale or purchase of Recyclables; (g) the availability of any Disposal site or Processing
facility; (h) labor unrest, including but not limited to strike, work stoppage or slowdown, sickout,
picketing, or other concerted job action conducted by COMPANY’s, employees or directed at
COMPANY, or a subcontractor. In the case of labor unrest or job action directed at a third party
over whom COMPANY has no control, however, the inability of COMPANY to make collections
due to the unwillingness or failure of the third party to provide reasonable assurance of the safety
of COMPANY’s employees while making collections or to make reasonable accommodations
regarding container placement and point of delivery, time of collection, or other operating
circumstances to minimize any confrontation with pickets or the number of persons necessary to
make collections, shall, to that limited extent, excuse performance. The foregoing excuse shall be
conditioned on COMPANY’s cooperation in making collection at different times and in different
locations.
In addition to any and all other legal or equitable remedies, in the event that COMPANY,
for any reason whatsoever, fails, refuses or is unable to perform any Collection Service at the time
and in the manner provided in this Agreement, and if, as a result thereof, Solid Waste accumulates
in the City to such an extent, in such a manner, or for such a time that the City Administrator finds
that such accumulation endangers or menaces the environment, public health, safety or welfare,
then CITY shall have the right, but not the obligation, upon twenty-four (24) hours prior notice to
COMPANY, to do either one or both of the following during the period of such emergency as
determined by City Administrator: (i) cause to be performed such services with other personnel
without liability to COMPANY; (ii) to take possession of any or all of COMPANY’s land,
equipment and other property used or useful in providing one or more of the Collection Services
and to provide one or more of the Collection Services. Should CITY take possession of
COMPANY’s equipment and other property pursuant to this Section, CITY shall exercise
reasonable, ordinary care in the use of the equipment and property. Any action by CITY pursuant
to this Section shall be without payment to COMPANY.
Notice of COMPANY’s failure, refusal or neglect to perform one or more Collection
Services that meets the requirements of the previous paragraph may be given orally by telephone
to COMPANY at its principal office and shall be effective immediately. Written confirmation of
such oral notification shall be sent to COMPANY within twenty-four (24) hours of the oral
notification. COMPANY further agrees that in such event:
(a) It shall fully cooperate with CITY to affect the transfer of possession of
property to CITY for CITY’s use.
(b) It shall, if CITY so requests and to the extent feasible, keep in good repair
and condition all of such property, provide all motor vehicles with fuel, oil and other service, and
provide such other service as may be necessary to maintain the property in operational condition.
If CITY takes possession of COMPANY’S equipment and causes the equipment to be operated
in the performance of any one or more Collection Services, as herein contemplated, CITY shall
ensure that operators of the equipment are experienced, knowledgeable, and licensed to operate
the equipment taken possession of by CITY. CITY shall indemnify, defend, and hold
COMPANY harmless from any and all liability, claims, damages, suits, costs, and expenses that
9.2.b
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arise out of or in any way relate to CITY’s use of COMPANY’S equipment or property except
from liability, claims, damages, suits, costs, and expenses that are the result of defects in
COMPANY’S equipment or property. Further, as a condition precedent to exercising any rights
described herein, CITY shall provide COMPANY with evidence of insurance reasonably
satisfactory to COMPANY that would cover CITY’S conduct of any one or more Collection
Services that CITY undertakes pursuant to this section. Such insurance shall include general
liability, automobile liability, and workers compensation insurance and each policy maintained
by the CITY shall name COMPANY as additional insured. CITY shall also provide maintenance
of equipment and property in accordance with standard industry practices during the period of its
use and shall return equipment and property to COMPANY in substantially the same condition
and repair as on the date CITY took possession, normal wear and tear expected.
CITY’s exercise of its contractual rights under this Section does not constitute a taking of
private property for which compensation must be paid; (ii) shall not create any liability on the
part of CITY to COMPANY; and (iii) does not exempt COMPANY from the indemnity
provisions of Section 12, which are meant to extend to circumstances arising under this Article,
provided that COMPANY is not required to indemnify CITY against claims and damages that
are solely caused by the established active negligence or willful misconduct of City officers,
employees, agents, or volunteers acting under this Section. CITY shall not affect a permanent
taking of COMPANY’s property pursuant to this Section.
CITY’s right to retain temporary possession of COMPANY’s property, and to provide
one or more Collection Services shall continue until COMPANY can demonstrate to CITY’s
satisfaction that it is ready, willing and able to resume such services. CITY has no obligation to
maintain possession of COMPANY’s property or continue its use in performing one or more
Collection Services for any period of time and may, at any time, in its sole discretion, relinquish
possession to COMPANY.
Separate from or in addition to assessing liquidated damages, CITY may also at its sole
discretion promptly secure, or direct COMPANY to promptly secure, at COMPANY’s sole
expense, substitute services, satisfactory to CITY, for when COMPANY is in breach, upon the
same terms and conditions as provided in this Agreement.
Section 22. Franchise Termination
(A) All terms and specifications of this Agreement are material and binding, and
failure to perform any portion of the work described herein shall be considered a breach of this
Agreement. Failure or delay by either party to perform any term or provision of this Agreement
constitutes a breach under this Agreement. The party who so fails or delays must immediately
commence to cure, correct, or remedy such failure or delay and shall complete such cure,
correction or remedy with reasonable diligence.
(B) Except as set forth in Sections 2(B) and 15 (B) and (C), neither party may
exercise any rights or remedies upon a default by the other party, unless and until such default
continues for a period of seven (7) days after written notice thereof from the non-defaulting
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party. If the nature of the default is such that more than seven (7) days are reasonably required
for its cure, then the defaulting party shall not be deemed to be in default if it has commenced a
cure within the seven (7) day period and thereafter diligently prosecutes such cure to completion
within thirty (30) days after receipt of written notice thereof unless CITY and COMPANY
mutually agree that curing the default will take longer than thirty (30) days and mutually
determine a reasonable longer deadline. No such additional time to cure shall be allowed for
failure to pay any amount due to either party under this Agreement, or if the nature of the default
is such that the health, welfare, or safety of the public is endangered as determined by the City
Administrator. The notice of default shall specify the default complained of by the injured party.
In the event of any conflict between the cure periods set forth in this subsection and any shorter
cure periods set forth in an applicable Section of this Agreement, the shorter period shall control.
(C) Delay in giving a notice of default shall not constitute a waiver of any default nor
shall it change the time of default. Any failures or delays by either party in asserting any of its
rights and remedies as to any default shall not operate as a waiver of any default or of any such
rights or remedies, nor deprive either party of its right to institute and maintain any actions or
proceedings which it may deem necessary to protect, assert, or enforce any such rights or
remedies.
(D) If the City Administrator determines that COMPANY’s performance pursuant to
this Agreement may not be in conformity with the provisions of this Agreement, the Act
(including, but not limited to requirements for Diversion, source reduction and Recycling as to
the waste stream subject to this Agreement), or any other Applicable Law, including but not
limited to, the laws governing transfer, storage or Disposal of Solid Waste or Hazardous Waste,
the City Administrator may advise COMPANY in writing of such suspected default in
accordance with subsection 22(B), specifying the default in reasonable detail (the “Notice of
Default”), and including the time within which COMPANY is to cure the default and respond, in
accordance with subsection 22(B). COMPANY may request additional time to cure the default;
CITY shall not unreasonably deny any such request.
(i) The City Administrator shall review any written response from
COMPANY and decide the matter or refer the matter to the City Council
for consideration pursuant to this Section. If the City Administrator’s
decision is adverse to COMPANY, the City Administrator may order
remedial actions to cure any deficiencies or invoke any other remedy in
accordance with this Agreement and, in the event the City Administrator
determines that there has been a material breach and that termination is the
appropriate remedy, terminate this Agreement. The City Administrator
shall promptly inform COMPANY of the City Administrator’s decision.
In the event the decision is adverse to COMPANY, the City Administrator
shall inform COMPANY, in writing, of the specific facts found and
evidence relied on, and the legal basis in provisions of this Agreement or
other laws, for the City Administrator’s decision and any remedial action
taken or ordered. An adverse decision by the City Administrator shall be
final and binding on COMPANY unless COMPANY files a “Notice of
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Appeal” with the City Clerk (with copies to the City Administrator and
City Attorney) within seven (7) days of receipt of the notification of the
adverse decision by the City Administrator.
(ii) In any “Notice of Appeal” to the City Council, COMPANY shall state all
of its factual and legal contentions, citing provisions of this Agreement or
other laws to support its contentions. Within twenty-one (21) days of the
filing of the Notice of Appeal with the City Clerk, COMPANY shall
deliver to the City Clerk three (3) copies of all relevant affidavits,
documents, photographs and recordings that COMPANY may choose to
submit.
(E) If a matter is referred by the City Administrator to the City Council, or an adverse
decision of the City Administrator is appealed to the City Council by COMPANY, the City Clerk
shall set the matter for a hearing before the City Council. The City Clerk shall give COMPANY
thirty (30) days written notice of the time and place of the hearing. At the hearing, the City
Council shall consider the administrative record, including the following:
(i) A staff report by the City Administrator, summarizing the proceedings to
date and outlining the City Council’s options;
(ii) The City Administrator’s written Notice of Default;
(iii) COMPANY’s response to the Notice of Default;
(iv) The City Administrator’s written notification to COMPANY of adverse
decision;
(v) COMPANY’s Notice of Appeal to the City Clerk; and
(vi) Any evidence submitted by COMPANY pursuant to paragraph (ii) of
subsection 22(D).
No new legal issues may be raised, or new evidence submitted by COMPANY at this or at any
further point in the proceedings, absent a showing of good cause. COMPANY’s representatives
and other interested persons shall be provided a reasonable opportunity to be heard.
(F) Based on the administrative record, the City Council shall determine by resolution
whether the decision or order of the City Administrator should be upheld. A tie vote of the City
Council shall be regarded as upholding the decision of the City Administrator. If, based upon the
administrative record, the City Council determines that the performance of COMPANY is in
breach of any provision of the Agreement or of any applicable federal, State or local statute or
regulation, the City Council, in the exercise of its discretion, may order COMPANY to take
remedial actions to cure the breach or impose any other remedy in accordance with this
Agreement, including but not limited to termination. The decision or order of the City Council
shall be final and binding.
9.2.b
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(G) COMPANY’s performance under this Agreement is not excused during the period of
time prior to a final determination as to whether or not COMPANY’s performance is in material
breach of this Agreement, or the time set by CITY for COMPANY to discontinue a portion or all
of its services pursuant to this Agreement.
(H) CITY reserves the right to terminate this Agreement in the event that COMPANY
fails to cure any default within the applicable cure periods, including but not limited to the
following:
(i) if COMPANY violates any material provision of any Applicable Law;
(ii) if COMPANY fails to maintain the insurance or bonds required by Section
14, or fails to pay to CITY any monies due CITY pursuant to this
Agreement, and fails to remedy such default within five (5) days after
written notice thereof from CITY;
(iii) there is a seizure or attachment (other than a prejudgment attachment) of,
or levy affecting possession on, the operating equipment of COMPANY,
including without limit its vehicles, maintenance or office facilities, or any
part thereof of such proportion as to impair COMPANY’s ability to
perform under this Agreement and which cannot be released, bonded, or
otherwise lifted within forty-eight (48) hours excluding weekends and
Holidays;
(iv) COMPANY fails to provide reasonable assurances of performance;
(v) COMPANY fails to notify CITY in a timely manner of any receipt by
COMPANY of any notice of violation or official communication from
those regulatory agencies regulating Solid Waste, Construction and
Demolition Debris, Recyclable Materials, and Organic Material Collection
Services, transportation, Processing or Disposal activities, or street
sweeping activities;
(vi) If COMPANY violates in any material respect any orders or filings of any
regulatory body having jurisdiction over COMPANY relative to this
Agreement, provided that COMPANY may contest any such orders or
filings by appropriate proceedings conducted in good faith, in which case
no breach of this Agreement shall be deemed to have occurred until a final
decision adverse to COMPANY is entered;
(vii) if COMPANY ceases to provide Collection Services as required under this
Agreement over all or a substantial portion of the area within the City, for
a period of two (2) days or more, for any reason within the control of
COMPANY, including but not limited to labor disputes;
9.2.b
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(viii) if COMPANY fails to make any payment required under this Agreement
and/or refuses to provide CITY with required information, reports, and/or
records in a timely manner as provided for in this Agreement;
(I) Notwithstanding Sections 22 (A), 22(B) and 22(C), CITY reserves the right to
terminate this Agreement, without the need to provide COMPANY an opportunity to cure, in the
event of any of the following:
(i) if COMPANY practices, or attempts to practice, any fraud or deceit upon
CITY, or practiced any fraud or deceit or made any misrepresentations in
the negotiations which preceded the execution of this Agreement;
(ii) if COMPANY has received three (3) or more written Notices of Default in
any twelve (12) month period, irrespective of whether or not the act or
omission set forth in the notice was corrected or remedied within the time
set forth in the notice, but excluding notices where, after investigation, the
City Administrator or City Council has determined that no default
occurred, and also excluding notices relating to matters that are trivial.
Section 23. Compliance With Laws and Regulations
In the performance of this Agreement, COMPANY shall comply with all applicable laws,
including implementing regulations, as they may be amended from time to time, including, but not
limited to, the Comprehensive Environmental Response, Compensation and Liability Act
("CERCLA") 42 U.S.C. Sections 9601 et seq., the Resource Conservation and Recovery Act, 42
U.S.C. Sections 6901, et seq., the California Integrated Waste Management Act of 1989, the
provisions of the SB 1383 Final Regulations that apply directly to COMPANY by operation of
law or are duties of COMPANY under this Agreement, all applicable air pollution control laws,
applicable California labor laws, and all other applicable laws of the United States of America, the
State of California, the County of Santa Clara, ordinances of the City, the requirements of Local
Enforcement Agencies and other agencies with jurisdiction.
Section 24. General Contract 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 COMPANY shall comply fully with all 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 that are
directly applicable to COMPANY’s performance of this Agreement. ADA liability is not
9.2.b
Packet Pg. 298 Attachment: Proposed Franchise Agreement (3950 : Solid Waste Franchise Agreement Intro)
40
excluded from the indemnification and defense obligations of COMPANY under this
Agreement.
(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 party 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 COMPANY shall keep itself informed of all
Applicable Laws which directly relate to and 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 performed
by COMPANY under this Agreement. Without limiting the foregoing, COMPANY 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. COMPANY certifies that to the best of its knowledge, no
CITY employee or officer of any public agency interested in this Agreement has any pecuniary
interest in the business of COMPANY that may result in a violation of Government Code
Section 1090 or the California Political Reform Act.
(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
COMPANY 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 conversations 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
9.2.b
Packet Pg. 299 Attachment: Proposed Franchise Agreement (3950 : Solid Waste Franchise Agreement Intro)
41
any documents comprising this Agreement. Such other agreements or conversations shall be
considered as unofficial information and in no way binding upon CITY.
(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) Waiver. COMPANY 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.
[Signature page follows.]
9.2.b
Packet Pg. 300 Attachment: Proposed Franchise Agreement (3950 : Solid Waste Franchise Agreement Intro)
42
IN WITNESS THEREOF, these parties have executed this Agreement on the day and
year shown below.
ATTEST: THE CITY OF GILROY
________________________________
City Clerk City Administrator
Date: Date:
RECOLOGY SOUTH VALLEY
By: Salvatore M. Coniglio
Chief Executive Officer
APPROVED AS TO FORM
City Attorney
Date:________________________________
9.2.b
Packet Pg. 301 Attachment: Proposed Franchise Agreement (3950 : Solid Waste Franchise Agreement Intro)
Current Add New
DESCRIPTION Rates 13.12%Rates
1. Residential Customers and Multi-Family Can Customers (Including Recycling).
1-Can (32 gallon)35.73 4.69 40.42
2-Cans (64 gallon)51.11 6.70 57.81
3-Cans (96 gallon)66.89 8.77 75.66
4-Cans (128 gallon)85.43 11.20 96.63
Each Additional Can (32 gallon)18.53 2.43 20.96
Extra Can/Bag Tag 7.43 0.97 8.40
Bulky Item Pickup (Plus Disposal Cost)22.27 2.92 25.19
Toter Subscription Changes 18.53 2.43 20.96
RETURNED TRIP COLLECTION 39.82
Low Income Senior
1-Can (32 gallon)30.18 3.96 34.14
2-Cans (64 gallon)42.72 5.60 48.32
3-Cans (96 gallon)55.82 7.32 63.14
4-Cans (128 gallon)68.92 9.04 77.96
Hillside
1-Can (32 gallon)43.06 5.65 48.71
2-Cans (64 gallon)61.19 8.03 69.22
3-Cans (96 gallon)79.77 10.46 90.23
4-Cans (128 gallon)98.34 12.90 111.24
2. Residential Customers on Private Roadways (No Street Sweeping)
1-Can (32 gallon)33.84 4.44 38.28
2-Cans (64 gallon)49.22 6.46 55.68
3-Cans (96 gallon)65.00 8.52 73.52
4-Cans (128 gallon)83.54 10.96 94.50
Each Additional Can (32 gallon)17.01 2.23 19.24
Extra Can/Bag Tag 7.43 0.97 8.40
Bulky Item Pickup (Plus Disposal Cost)22.27 2.92 25.19
Toter Subscription Changes 18.53 2.43 20.96
Low Income Senior
1-Can (32 gallon)28.29 3.71 32.00
2-Cans (64 gallon)40.83 5.35 46.18
3-Cans (96 gallon)53.93 7.07 61.00
4-Cans (128 gallon)67.03 8.79 75.82
Hillside
1-Can (32 gallon)41.17 5.40 46.57
2-Cans (64 gallon)59.30 7.78 67.08
3-Cans (96 gallon)77.88 10.21 88.09
4-Cans (128 gallon)96.45 12.65 109.10
1-Can (32 gallon) Contaminated 10.11
2-Cans (64 gallon) Contaminated 14.45
3-Cans (96 gallon) Contaminated 18.92
4-Cans (128 gallon) Contaminated 24.16
3. Multi-Family Bin Customer Recycling
Bulky Item Pickup (Plus Disposal Cost)22.27 2.92 25.19
4. Commercial and Multi-Family Bin Customer (Refuse)
1-Can (32 gallon)35.73 4.69 40.42
2-Cans (64 gallon)53.88 7.07 60.95
3-Cans (96 gallon)72.49 9.51 82.00
4-Cans (128 gallon)91.04 11.94 102.98
Each Additional Can (32 gallon)20.45 2.68 23.13
5. Commercial and Multi-Family Bin Customer (Organics)
1-Can (32 gallon)28.29 3.71 32.00
2-Cans (64 gallon)42.80 5.61 48.41
RECOLOGY SOUTH VALLEY
CITY OF GILROY
RATES EFFECTIVE DECEMBER 1, 2022
Exhibit A
Schedule of Rates 9.2.b
Packet Pg. 302 Attachment: Proposed Franchise Agreement (3950 : Solid Waste Franchise Agreement Intro)
Current Add New
DESCRIPTION Rates 13.12%Rates
RECOLOGY SOUTH VALLEY
CITY OF GILROY
RATES EFFECTIVE DECEMBER 1, 2022
3-Cans (96 gallon)57.69 7.57 65.26
4-Cans (128 gallon)72.53 9.51 82.04
Each Additional Can (32 gallon)16.06 2.11 18.17
1-Can (32 gallon) Contaminated 10.11
2-Cans (64 gallon) Contaminated 15.24
3-Cans (96 gallon) Contaminated 20.50
4-Cans (128 gallon) Contaminated 25.75
6. Commercial Front Loader Service Rates
1 Yard F/L (1x/wk)163.87 21.49 185.36
1 Yard F/L (2x/wk)307.31 40.30 347.61
1 Yard F/L (3x/wk)450.73 59.11 509.84
1 Yard F/L (4x/wk)594.18 77.93 672.11
1 Yard F/L (5x/wk)737.60 96.74 834.34
1 Yard F/L (6x/wk)881.06 115.55 996.61
1 Yard F/L (on call)120.48
2 Yard F/L (1x/wk)237.32 31.12 268.44
2 Yard F/L (2x/wk)445.20 58.39 503.59
2 Yard F/L (3x/wk)653.05 85.65 738.70
2 Yard F/L (4x/wk)860.98 112.92 973.90
2 Yard F/L (5x/wk)1068.82 140.18 1,209.00
2 Yard F/L (6x/wk)1276.72 167.44 1,444.16
2 Yard F/L (on call)154.26 20.23 174.49
3 Yard F/L (1x/wk)341.81 44.83 386.64
3 Yard F/L (2x/wk)643.87 84.44 728.31
3 Yard F/L (3x/wk)945.83 124.05 1,069.88
3 Yard F/L (4x/wk)1247.85 163.66 1,411.51
3 Yard F/L (5x/wk)1549.86 203.27 1,753.13
3 Yard F/L (6x/wk)1851.85 242.87 2,094.72
3 Yard F/L (on call)219.94 28.85 248.79
4 Yard F/L (1x/wk)458.37 60.12 518.49
4 Yard F/L (2x/wk)866.80 113.68 980.48
4 Yard F/L (3x/wk)1275.19 167.24 1,442.43
4 Yard F/L (4x/wk)1683.64 220.81 1,904.45
4 Yard F/L (5x/wk)2092.11 274.38 2,366.49
4 Yard F/L (6x/wk)2500.49 327.94 2,828.43
4 Yard F/L (on call)305.46 40.06 345.52
6 Yard F/L (1x/wk)667.36 87.53 754.89
6 Yard F/L (2x/wk)1268.75 166.40 1,435.15
6 Yard F/L (3x/wk)1870.18 245.28 2,115.46
6 Yard F/L (4x/wk)2471.57 324.15 2,795.72
6 Yard F/L (5x/wk)3072.95 403.02 3,475.97
6 Yard F/L (6x/wk)3674.35 481.90 4,156.25
6 Yard F/L (on call)418.79 54.93 473.72
Front Loader Special (per cubic yard)25.49 3.34 28.83
Commercial Front Loader Service Organics rates
1 Yard F/L (1x/wk)130.80 17.15 147.95
1 Yard F/L (2x/wk)245.55 32.20 277.75
1 Yard F/L (3x/wk)360.28 47.25 407.53
2 Yard F/L (4x/wk)475.05 62.30 537.35
1 Yard F/L (5x/wk)589.78 77.35 667.13
1 Yard F/L (6x/wk)704.55 92.40 796.95
1 Yard F/L Contaminated Recycle and Organics 46.34
1 Yard F/L (on call)85.16 11.17 96.33
2 Yard F/L (1x/wk)189.56 24.86 214.42
2 Yard F/L (2x/wk)355.86 46.67 402.53
2 Yard F/L (3x/wk)522.15 68.48 590.63
2 Yard F/L (4x/wk)688.49 90.30 778.79
2 Yard F/L (5x/wk)854.76 112.10 966.86
2 Yard F/L (6x/wk)1021.09 133.92 1,155.01
2 Yard F/L (on call)123.41 16.19 139.60
2 Yard F/L Contaminated Recycle and Organics 67.11
Exhibit A
Schedule of Rates 9.2.b
Packet Pg. 303 Attachment: Proposed Franchise Agreement (3950 : Solid Waste Franchise Agreement Intro)
Current Add New
DESCRIPTION Rates 13.12%Rates
RECOLOGY SOUTH VALLEY
CITY OF GILROY
RATES EFFECTIVE DECEMBER 1, 2022
3 Yard F/L (1x/wk)273.15 35.82 308.97
3 Yard F/L (2x/wk)514.80 67.52 582.32
3 Yard F/L (3x/wk)756.37 99.20 855.57
3 Yard F/L (4x/wk)997.99 130.89 1,128.88
3 Yard F/L (5x/wk)1239.59 162.57 1,402.16
3 Yard F/L (6x/wk)1481.19 194.26 1,675.45
3 Yard F/L (on call)175.95 23.08 199.03
3 Yard F/L Contaminated Recycle and Organics 96.66
4 Yard F/L (1x/wk)366.41 48.06 414.47
4 Yard F/L (2x/wk)693.14 90.91 784.05
4 Yard F/L (3x/wk)1019.86 133.76 1,153.62
4 Yard F/L (4x/wk)1346.61 176.61 1,523.22
4 Yard F/L (5x/wk)1673.39 219.47 1,892.86
4 Yard F/L (6x/wk)2000.08 262.31 2,262.39
4 Yard F/L (on call)244.37 32.05 276.42
4 Yard F/L Contaminated Recycle and Organics 129.62
6 Yard F/L (1x/wk)533.60 69.98 603.58
6 Yard F/L (2x/wk)1014.71 133.08 1,147.79
6 Yard F/L (3x/wk)1495.84 196.18 1,692.02
6 Yard F/L (4x/wk)1976.96 259.28 2,236.24
6 Yard F/L (5x/wk)2458.07 322.38 2,780.45
6 Yard F/L (6x/wk)2939.18 385.48 3,324.66
6 Yard F/L (on call)335.05 43.94 378.99
6 Yard F/L Contaminated Recycle and Organics 188.72
Front Loader Special (per cubic yard)20.39 2.67 23.06
6. Compactor Service
Front Loader (per cubic yard)54.80 7.19 61.99
3-yd F/L compactor (1x/wk)709.22 93.02 802.24
3-yd F/L compactor (2x/wk)1416.50 185.78 1,602.28
3-yd F/L compactor (3x/wk)2123.79 278.54 2,402.33
Front Loader (Contaminated per cubic yard) Recycle and Organics 61.99
7. Debris Box Rates
20 Cubic Yard Debris Box,576.73 75.64 652.37
Per ton charge (over 3 tons)111.37 14.61 125.98
40 Cubic Yard Debris Box,961.11 126.05 1,087.16
Per ton charge (over 6 tons)111.37 14.61 125.98
20 Cubic Yard Debris Box, (organics)461.39 60.51 521.90
Per ton charge (over 3 tons)89.09 11.68 100.77
40 Cubic Yard Debris Box, (organics)768.89 100.84 869.73
Per ton charge (over 6 tons)89.09 11.68 100.77
Debris Box Compactors 54.43 7.14 61.57
(per cubic yard of capacity)
20 Cubic Yard Debris Box (recyclable)357.23 46.85 404.08
40 Cubic Yard Debris Box (recyclable)632.19 82.91 715.10
PERM RENTAL 297.60 39.03 336.63
20 Cubic Yard Debris Box, (organics) Contaminated 652.37
Per ton charge (over 3 tons) Contaminated 125.98
40 Cubic Yard Debris Box, (organics) Contaminated 1,087.16
Per ton charge (over 6 tons) Contaminated 125.98
Debris Box Return Trip Fee 75.00
8. Additional Street Sweeping
M-F 8:00am-5:00pm (Per Hour)136.89 17.95 154.84
Sat-Sun 8:00am-5:00pm-Per Hr+4hr Minimum 228.17 29.92 258.09
Exhibit A
Schedule of Rates 9.2.b
Packet Pg. 304 Attachment: Proposed Franchise Agreement (3950 : Solid Waste Franchise Agreement Intro)
No later than March 1 of each agreement year, COMPANY shall annually submit to City
for approval its calculation of the percentage adjustment to be applied to customer rates
during the following contract year. The adjustment shall be calculated using the
following components and sub-components:
(1)Consumer Price Index (CPI) Component.
The CPI Component is equal to 83.5% and the Consumer Price Index” or “CPI” means
the Consumer Price Index (CPI) All Urban Consumers for the San Francisco - Oakland -
San Jose Metropolitan Area, base period 1982-84=100. This index is used to adjust the
portion of rates that the parties have agreed represents costs for labor, capitalized
equipment, equipment parts, repair and maintenance, facilities, utilities, insurance,
administration and other necessary and reasonable costs not specified below.
COMPANY shall calculate the percentage change between the CPI values published for
October of the two immediately preceding years before the date of the rate application.
The calculated annual percentage change is then multiplied by 83.5% and the resulting
percentage shall equal the applicable CPI Component Adjustment.
(2)Fuel Component.
The Fuel Component is equal to 3.5% of each service rate. This component is used to
adjust the portion of rates that the parties have agreed represents the cost of fuel used
by COMPANY for its operations. It is adjusted by the percentage change in unit cost per
therm for natural gas fuel charged to COMPANY by its natural gas fuel provider,
currently Pacific Gas & Electric (PG&E) under Rate Schedule G-NGV1.
COMPANY shall calculate the average monthly cost per therm for each of the two most
recent years ending October 31 and then calculate the percentage change between the
average monthly cost per therm for those two years. The average monthly cost per
therm for each year is calculated by summing the twelve month “Total G-NGV1
Charges” that appear on the PG&E billings and dividing that total by twelve (12). The
calculated annual percentage change is multiplied by 3.5% and the resulting percentage
shall equal the applicable Fuel Component Adjustment.
The term “Natural gas” may also include methane fuel from other sources, including but
not limited to methane fuel produced from landfill, dairy or digester gas. Cost for fuel
from such other source will be adjusted based on the change in the applicable average
annual cost per therm in the most recent year ending October 31.
If more than one methane fuel source is used, COMPANY shall calculate a weighted
unit cost based on the proportional cost and quantity of fuel used from each fuel source.
That weighted unit cost would then be compared to the unit cost per therm from the
preceding year to determine the annual percent change in unit cost per therm. The
result would then be multiplied by 3.5%.
(3)Disposal Component.
Exhibit A 2
Rate Adjustment Formula 9.2.b
Packet Pg. 305 Attachment: Proposed Franchise Agreement (3950 : Solid Waste Franchise Agreement Intro)
(5)Exceptional Costs Component.
In addition to the adjustments based on the components set forth above in Sections (1)
through (4), the rates will be adjusted in an amount sufficient for Contractor to recover
the EXCEPTIONAL COSTS described in Section 8(C) that were incurred during the
previous year and the amount of the solid waste implementation fee that Contractor
shall be required to pay during the upcoming rate year. Examples of Exceptional Cost
changes include, but are not limited to:
•Cost of Performance Audit
•Cost of compost provided by COMPANY pursuant to Section 5(J)
•Cost of City-requested homeless encampment and other cleanup events
•Cost of City-requested disposal vouchers
Exhibit A 2
Rate Adjustment Formula
The Disposal Component is equal to 10.5% of each service rate and this component is
used to adjust the portion of rates that the parties have agreed represents the cost of
disposing solid waste at the designated disposal facility. It is annually adjusted by the
percent of change in the unit cost of disposal, measured in dollars per ton disposed.
COMPANY shall calculate the percentage change in the unit cost of disposal between
the two invoices for the month of October for the two most recent years ending October
31. The calculated annual percent change is then multiplied by 10.5% and the resulting
percentage shall equal the applicable Disposal Component Adjustment.
(4) Recyclables Processing Component.
This Recyclables Processing Component is equal to 2.5% of each service rate and is
used to adjust the portion of rates that the parties have agreed represents the cost of
processing recyclable materials delivered to a recycling processing facility. It is annually
adjusted by the percent of change in the unit cost, of processing, including amounts for
any revenue received from COMPANY from the processor for recyclable material
delivered by COMPANY for processing, measured in dollars per ton processed.
COMPANY shall compare the unit cost of (or revenue from) processing for the most
recent year ending October 31 to the corresponding unit cost from the preceding year.
For the initial year of the term only, the preceding year cost is agreed to be $35 per ton
processed. The calculated annual percentage change is then multiplied by 2.5% and
the resulting percentage shall equal the Recyclables Processing Component
Adjustment.
If in the preceding year, net transactions between the processor and COMPANY
resulted in processer paying COMPANY for recycled materials, COMPANY shall divide
the net revenues by the tons delivered to calculate revenue per ton. Revenue per ton
will be compared to the unit cost of processing (or preceding year unit revenue, if
applicable) for the preceding year to calculate the change in unit value. For example, $5
per ton revenue would equal a net change of $40 (-$5 - $35) per ton if the preceding
year processing cost was $35 per ton. This example would produce a cost component
decrease calculated as (-$5 - $35) / $35, or -114.28%. That cost component decrease
would then be applied to 2.5% of COMPANY’s current rates.
9.2.b
Packet Pg. 306 Attachment: Proposed Franchise Agreement (3950 : Solid Waste Franchise Agreement Intro)
The net total of Exceptional Cost will be divided by COMPANY’S Annualized Billed
Revenue and the resulting percentage shall equal the applicable Exceptional Costs
Component Adjustment. Annualized Billed Revenue is defined as two times
COMPANY’s billed revenues for the six months ending the preceding December 31 of
each year, minus the amount included as Exceptional Costs expended by COMPANY in
the prior year’s rate adjustment application.
(6)Calculation of Adjustment to Maximum Service Rates
Contractor shall calculate the sum of the CPI Component Adjustment, Fuel Component
Adjustment, Disposal Component Adjustment, Recyclables Processing Component
Adjustment, and Exceptional Costs Component Adjustment calculated in Sections (1)
through (5). The resulting percentage shall be equal to the percentage rate increase
that will be applied to each of the maximum service rates that shall become effective
July 1 of each agreement year (the “Total Rate Adjustment Percentage”). An example of
the calculation of the Total Rate Adjustment Percentage appears on the following
pages.
Finally, COMPANY adjusts its current service rates by the Total Rate Adjustment
Percentage to calculate its proposed maximum service rates for the following year.
Exhibit A 2
Rate Adjustment Formula 9.2.b
Packet Pg. 307 Attachment: Proposed Franchise Agreement (3950 : Solid Waste Franchise Agreement Intro)
Rate change calculation formula X (1) - X (2)
X (2)
1)CPI Index Component
X (1) = October, 2021 =313.265
X (2) = October, 2020 =301.736
CPI =313.265 - 301.736
301.74
CPI =3.82%
Percentage Applicable 83.5%
83.5% of CPI =3.19%
2)Fuel (PG&E Schedule G-NGV1)
X (1) = 12-mo Average ended Oct-21 =0.860
X (2) = 12-mo Average ended Oct-20 =0.740
Fuel =0.86 - 0.74
0.74
Fuel =16.22%
Percentage Applicable 3.5%
3.5% of Fuel =0.57%
3)Disposal Component
X (1) = MSW Disposal Rate January 2021 25.59
X (2) = MSW Disposal Rate January 2020 25.34
Disposal Change =25.59 - 25.34
25.34
Disposal Change =0.99%
Percentage Applicable 10.5%
10.5% of Disposal =0.10%
4)Recyclables Processing Component
X (1) = Recyclables unit cost per ton 2021 35.00
X (2) = Recyclables unit cost per ton 2020 30.00
Recyclables unit cost per ton Change =35 - 30
30.00
Recyclables unit cost per ton Change =16.67%
Percentage Applicable 2.5%
2.5% of Recyclables Processing =0.42%
5)Exceptional Costs
Annualized Billed Revenue 12,000,000
Remove Prior Year Exceptional Costs (48,000)
Performance Audit 0
City requsted homeless encampment
and other clean-up events 5,000
City requested dispoals vouchers 2,500
Annual Mandatory Implementation Funds 30,000
Other City requested item a 5,000
Other City requested item b 1,000
Other City requested item c 250
Current Year Exceptional Costs 43,750
TOTAL EXCEPTIONAL COSTS (4,250)
Exceptional Costs Adjustment =-0.04%
Total rate adjustment (1+2+3+4+5)4.24%
RECOLOGY SOUTH VALLEY
CITY OF GILROY
RATE ADJUSTMENT EXAMPLE
EFFECTIVE JULY 1, XXXX
Exhibit A 2
Rate Adjustment Formula 9.2.b
Packet Pg. 308 Attachment: Proposed Franchise Agreement (3950 : Solid Waste Franchise Agreement Intro)
https://data.bls.gov/cgi-bin/srgate CUURS49BSA0
Exhibit A 2
Rate Adjustment Formula 9.2.b
Packet Pg. 309 Attachment: Proposed Franchise Agreement (3950 : Solid Waste Franchise Agreement Intro)
http://www.pge.com/nots/rates/tariffs/GRF.SHTML#GNGV1
Effective
Date
Advice
Number
Customer
Charge
Procureme
nt Charge
Transportat
ion Charge
Total G-
NGV1
Charge4/
Cap-and-
Trade Cost
Exemption
Credit 5/
PPP
Surcharge4/
($/day)
01/01/19 4052-G $0.44121 $0.38544 $0.39675 $0.78219 $0.04781 $0.02811
02/01/19 4063-G $0.44121 $0.41033 $0.39675 $0.80708 $0.04781 $0.02811
03/01/19 4070-G $0.44121 $0.33998 $0.39675 $0.73673 $0.04781 $0.02811
04/01/19 4079-G $0.44121 $0.26565 $0.40300 $0.66865 $0.04781 $0.02811
05/01/19 4092-G $0.44121 $0.17121 $0.40300 $0.57421 $0.04781 $0.02811
06/01/19 4102-G $0.44121 $0.15989 $0.40300 $0.56289 $0.04781 $0.02811
07/01/19 4113-G $0.44121 $0.23873 $0.40300 $0.64173 $0.04781 $0.02811
08/01/19 4122-G $0.44121 $0.25501 $0.35867 $0.61368 $0.04781 $0.02811
09/01/19 4135-G $0.44121 $0.21066 $0.35867 $0.56933 $0.04781 $0.02811
10/01/19 4148-G $0.44121 $0.21928 $0.37707 $0.59635 $0.04781 $0.02811
11/01/19 4172-G $0.44121 $0.27540 $0.37707 $0.65247 $0.04781 $0.02811
12/01/19 4183-G $0.44121 $0.34410 $0.37707 $0.72117 $0.04781 $0.02811
01/01/20 4199-G $0.44121 $0.39729 $0.39035 $0.78764 $0.04893 $0.02857
02/01/20 4209-G $0.44121 $0.38623 $0.39035 $0.77658 $0.04893 $0.02857
03/01/20 4222-G $0.44121 $0.27579 $0.51148 $0.78727 $0.05161 $0.02857
04/01/20 4230-G $0.44121 $0.17368 $0.51148 $0.68516 $0.05161 $0.02857
05/01/20 4240-G $0.44121 $0.16308 $0.51148 $0.67456 $0.05161 $0.02857
06/01/20 4251-G $0.44121 $0.18301 $0.51148 $0.69449 $0.05161 $0.02857
07/01/20 4265-G $0.44121 $0.17652 $0.51148 $0.68800 $0.05161 $0.02857
08/01/20 4277-G $0.44121 $0.22119 $0.51148 $0.73267 $0.05161 $0.02857
09/01/20 4300-G $0.44121 $0.35702 $0.51148 $0.86850 $0.05161 $0.02857
10/01/20 4313-G $0.44121 $0.31912 $0.51483 $0.83395 $0.05161 $0.02857
11/01/20 4327-G $0.44121 $0.39607 $0.51483 $0.91090 $0.05161 $0.02857
12/01/20 4337-G $0.44121 $0.420933/$0.51483 $0.93576 $0.05161 $0.02857
01/01/21 4347-G $0.44121 $0.42688 $0.52017 $0.94705 $0.07366 $0.04308
02/01/21 4372-G $0.44121 $0.42371 $0.52017 $0.94388 $0.07366 $0.04308
03/01/21 4390-G $0.44121 $0.35715 $0.55521 $0.91236 $0.07366 $0.04308
04/01/21 4408-G $0.44121 $0.15796 $0.55521 $0.71317 $0.07366 $0.04308
05/01/21 4426-G $0.44121 $0.14327 $0.55521 $0.69848 $0.07366 $0.04308
06/01/21 4439-G $0.44121 $0.15061 $0.55433 $0.70494 $0.07366 $0.04308
07/01/21 4455-G $0.44121 $0.12506 $0.55433 $0.67939 $0.07366 $0.04308
08/01/21 4470-G $0.44121 $0.15999 $0.55433 $0.71432 $0.07366 $0.04308
09/01/21 4480-G $0.44121 $0.37864 $0.55433 $0.93297 $0.07366 $0.04308
10/01/21 4497-G $0.44121 $0.61632 $0.55433 $1.17065 $0.07366 $0.04308
11/01/21 4515-G $0.44121 $0.74245 $0.55433 $1.29678 $0.07366 $0.04308
12/01/21 4532-G $0.44121 $0.75586 $0.55433 $1.31019 $0.07366 $0.04308
01/01/22 4542-G $0.44121 $0.69158 $0.64160 $1.33318 $0.10234 $0.04380
02/01/22 4559-G $0.44121 $0.66224 $0.64160 $1.30384 $0.10234 $0.04380
03/01/22 4578-G $0.44121 $0.54679 $0.64160 $1.18839 $0.10234 $0.04380
04/01/22 4589-G $0.44121 $0.45563 $0.63517 $1.09080 $0.10235 $0.04380
05/01/22 4602-G $0.44121 $0.56892 $0.63517 $1.20409 $0.10235 $0.04380
06/01/22 4614-G $0.44121 $0.62615 $0.63517 $1.26132 $0.10235 $0.04380
07/01/22 4622-G $0.44121 $0.66807 3/$0.63517 $1.30324 $0.10235 $0.04380
1/ Rate Schedule G-NGV1 was converted to Standard Status, rather than Experimental, effective August 30, 2008, due to Advice Letter 2945-G.
2/ Unless otherwise noted.
3/ This procurement rate includes a charge of $0.01115 per therm to reflect account balance amortizations in accordance with Advice Letter 3157-G.
4/ Schedule G-PPPS (Public Purpose Program surcharge) needs to be added to the Total G-NGV1 Charge for bill calculation.
See Schedule G-PPPS for details and exempt customers.
5/ The Cap-and-Trade Cost Exemption Credit is applicable to Covered Entities (i.e., customers that currently have a direct obligation to pay for
allowances directly to the Air Resources Board for their Greenhouse Gas (GHG) emissions) who will see a line item credit on their bill equal to $0.05161
per therm times their monthly billed volumes. See tariff for further explanation.
Pacific Gas and Electric Company
Schedule G-NGV1
Natural Gas Service for Compression1/
on Customers' Premises
January 1, 2019, to December 31, 2020
($/therm2/)
Exhibit A 2
Rate Adjustment Formula 9.2.b
Packet Pg. 310 Attachment: Proposed Franchise Agreement (3950 : Solid Waste Franchise Agreement Intro)
Charge Tons Rate
477.41 18.84 25.34
520.74 20.55 25.34
Exhibit A 2
Rate Adjustment Formula 9.2.b
Packet Pg. 311 Attachment: Proposed Franchise Agreement (3950 : Solid Waste Franchise Agreement Intro)
Charge Tons Rate
541.23 21.15 25.59
522.55 20.42 25.59
Exhibit A 2
Rate Adjustment Formula 9.2.b
Packet Pg. 312 Attachment: Proposed Franchise Agreement (3950 : Solid Waste Franchise Agreement Intro)
RECOLOGY SOUTH VALLEY
CITY OF GILROY
Recyclables unit cost per ton - EXAMPLE
Month Tons Cost/(Revenue)
2021 January 1795 $53,850.00
February 1569 $47,070.00
March 1668 $50,040.00
April 1664 $49,920.00
May 1927 $57,810.00
June 1865 $55,950.00
July 1762 $52,860.00
August 1641 $49,230.00
September 1674 $50,220.00
October 1440 $43,200.00
November 1547 $46,410.00 Cost/(Revenue)
December 1753 $52,590.00 per ton 2021
20,305 $609,150.00 $30.00
Month Tons Cost/(Revenue)
2020 January 1785 $62,475.00
February 1554 $54,390.00
March 1680 $58,800.00
April 1677 $58,695.00
May 1952 $68,320.00
June 1839 $64,365.00
July 1748 $61,180.00
August 1628 $56,980.00
September 1693 $59,255.00
October 1473 $51,555.00
November 1521 $53,235.00 Cost/(Revenue)
December 1734 $60,690.00 per ton 2020
20,284 $709,940.00 $35.00
Exhibit A 2
Rate Adjustment Formula 9.2.b
Packet Pg. 313 Attachment: Proposed Franchise Agreement (3950 : Solid Waste Franchise Agreement Intro)
EXHIBIT B
INSURANCE REQUIREMENTS
COMPANY shall procure and maintain for the duration of the franchise agreement all the
insurance required in this Exhibit B against claims for injuries to persons or damage to property
which may arise from or in connection with the performance of the work hereunder and the results
of that work by the COMPANY, his agents, representatives, employees or subcontractors. With
respect to General Liability, and Pollution Liability coverage should be maintained for a minimum
of five (5) years after the franchise agreement expires. COMPANY shall submit certificates and
additional insured endorsements for review and approval by the CITY. As a material term of this
franchise agreement and as a condition precedent to the CITY’s obligations hereunder,
COMPANY shall provide all required certificates and endorsements of insurance within 15 days
of execution of this Agreement by both parties. COMPANY shall not begin to perform services
under this Agreement until such evidence of insurance is provided. Acceptance of the certificates
shall not relieve COMPANY of any of the insurance requirements, nor decrease the liability or
indemnification obligations of COMPANY. The CITY reserves the right to require COMPANY
to provide insurance policies for review by CITY.
Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence Form
CG 0001 or Claims Made Form CG 0002 or their equivalent forms).
2. Insurance Services Office Form No. CA 0001, covering Automobile Liability, Code 1 (any
auto).
3. Workers’ Compensation insurance as required by the State of California and Employer’s
Liability insurance.
4. Pollution and/or Asbestos Pollution Liability .
Minimum Limits of Insurance
Commercial General Liability Insurance
COMPANY shall take out and maintain during the life of the Agreement Automobile and
Commercial General Liability (CGL) Insurance that provides protection from claims which may
arise from operations or performance under this Agreement. If COMPANY elects to self-insure
(self-fund) any liability exposure during the contract period above $50,000, COMPANY is
required to notify the CITY immediately. Any request to self-insure must first be approved by the
CITY before the changed terms are accepted. The amounts of insurance coverages shall not be less
than the following:
General Liability: $10,000,000/Occurrence, Bodily Injury,
Property Damage: $5,000,000/Occurrence, Bodily Injury, Property Damage.
Should Company choose to engage subcontractors, insurance requirements for those
subcontractors shall be negotiated and determined as part of any mutually agreed-upon written
9.2.b
Packet Pg. 314 Attachment: Proposed Franchise Agreement (3950 : Solid Waste Franchise Agreement Intro)
consent for COMPANY to engage subcontractors under Section 15.A of the Franchise
Agreement.
General Liability
The following coverages or endorsements must be included in the policy(ies):
1. CITY and its Directors, officers, and employees are additional insureds in the policy(ies) as to
the work being performed under this Agreement.
2. The coverage is primary and non-contributory to any other insurance carried by CITY.
3. The policy(ies) cover(s) contractual liability for the assumption of liability through the
indemnity in this Agreement.
4. The policy(ies) is(are) written on an occurrence basis.
5. The policy(ies) cover(s) City property in the COMPANY’s care, custody, and control.
6. The policy(ies) cover(s) personal injury (libel, slander, and wrongful entry and eviction)
liability.
7. The policy(ies) cover(s) products and completed operations.
8. The policy(ies) shall not be canceled nor materially altered unless 30 days' written notice is
given to CITY.
9. The insurance provider must have a minimum AM Best Rating of A:VIII or better.
Auto Liability
1. The policy(ies) cover(s) use of owned, non-owned, and hired automobiles and equipment.
Workers Compensation Insurance
COMPANY shall take out and maintain during the life of the Agreement, Workers Compensation
Insurance in amounts and upon terms and conditions required by Applicable Law, for all of its
employees on the project. In lieu of evidence of Workers Compensation Insurance, CITY will
accept a Self-Insured Certificate from the State of California. COMPANY shall require any sub-
consultant to provide it with evidence of Workers Compensation Insurance in amounts and upon
terms and conditions required by Applicable Law.
Pollution and Remediation Legal Liability Insurance
COMPANY shall take out and maintain during the life of the Agreement Pollution and
Remediation Legal Liability Insurance that provides protection from claims which may arise from
unknown pre-existing and future hazardous materials and environmental liabilities under this
Agreement. The amounts of insurance coverages shall not be less than the following:
Hazardous Waste and Environmental Impairment Liability: $10,000,000/Occurrence
Commercial Crime Coverage
COMPANY shall take out and maintain during the life of the Agreement Commercial Crime
Coverage Insurance that provides protection from claims which may arise from significant losses
caused by internal employees and/or third parties under this Agreement. The amounts of insurance
coverages shall not be less than the following:
Commercial Crime Coverage: $5,000,000/Occurrence
9.2.b
Packet Pg. 315 Attachment: Proposed Franchise Agreement (3950 : Solid Waste Franchise Agreement Intro)
Deductible and Self Insured Retentions
Any deductibles or self-insured retentions must be declared to the Entity. The COMPANY shall
provide evidence satisfactory to the Entity guaranteeing payment of losses and related
investigations, claim administration, and defense expenses.
Other Insurance Provisions
A. The General Liability, Automobile Liability, Pollution policies are to contain, or be
endorsed to contain, the following provisions:
1. The Entity, its officers, officials, employees and volunteers are to be covered as
additional insureds with respect to liability arising out of automobiles owned, leased,
hired or borrowed by or on behalf of the COMPANY; and with respect to liability
arising out of work or operations performed by or on behalf of the COMPANY
including materials, parts or equipment furnished in connection with such work or
operations; Pollution.
2. For any claims related to this project, the COMPANY’s insurance coverage shall be
primary insurance as respects the Entity, its officers, officials, employees, agents and
volunteers, except for Workers’ Compensation and/or Employer’s Liability. Any
insurance or self-insurance maintained by the Entity, its officers, officials, employees,
agents or volunteers shall be excess of the COMPANY’s insurance and shall not
contribute with it.
3. Each insurance policy required by this clause shall be endorsed to state that coverage
shall not be canceled by the Insurer except after endeavoring to provide thirty (30)
days prior written notice to the Entity, except ten (10) days for non-payment of
premium.
4. Coverage shall not extend to any indemnity coverage for the active negligence of the
additional insured in any case where an agreement to indemnify the additional insured
would be invalid under Subdivision (b) of Section 2782 of the Civil Code.
B. The Automobile Liability policy shall be endorsed to delete the Pollution and/or the
Asbestos exclusion and add the Motor Carrier Act endorsement (MCS-90), Broadened
Pollution Liability Coverage – Covered Autos Form #: DA4P05a and/or other
endorsements required by federal or state authorities.
C. If General or Pollution Liability coverages are written on a claims-made form:
1. The “Retro Date” must be shown, and must be before the date of the contract or the
beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least
five (5) years after completion of the contract of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made
policy form with a “Retro Date” prior to the contract effective date, the COMPANY
must purchase “extended reporting” coverage for a minimum of five (5) years after
expiration of the franchise.
9.2.b
Packet Pg. 316 Attachment: Proposed Franchise Agreement (3950 : Solid Waste Franchise Agreement Intro)
4. A copy of the claims reporting requirements must be submitted to the Entity for
review.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VIII if
admitted. Coverage may be written by a Nonadmitted insurance company. A Nonadmitted
company should have an A.M. Best’s rating of A:VIII or higher. Exception may be made for the
State Compensation Insurance Fund when not specifically rated.
Verification of Coverage
COMPANY shall furnish the Entity with endorsements effecting coverage required by this clause.
The endorsements are to be signed by a person authorized by that Insurer to bind coverage on its
behalf. The endorsements are to be on forms provided by the Entity, unless the insurance company
will not use the Entity’s form. All endorsements are to be received and approved by the Entity
before work commences. As an alternative to the Entity’s forms, the COMPANY’s insurer may
provide complete copies of endorsements effecting the coverage required by these specifications.
Subcontractors
COMPANY shall include all subcontractors as insureds under its policies or shall furnish separate
certificates and endorsements for each subcontractor. All coverages for subcontractors shall be
subject to all of the requirements stated herein, except for the General Liability Limits required
and the Pollution Liability coverage in its entirety.
9.2.b
Packet Pg. 317 Attachment: Proposed Franchise Agreement (3950 : Solid Waste Franchise Agreement Intro)
EXHIBIT C
SB 1383 RELATED MATTERS
Defined Terms. This Exhibit uses certain terms defined in Section 18982 of the Final SB 1383
Regulations issued in November 2020 (the “Final Regulations”). For ease of reference, when
such terms are used herein, they are generally capitalized. Unless otherwise defined in this
Agreement or unless the context otherwise requires, as used in this Exhibit, terms defined in said
Section 18982 shall carry the meanings set forth therein.
Compliance Method. The following SB 1383 requirements assume the use of a “standard”
compliance approach in accordance with the Final Regulations. For information purposes only,
and without intending to modify City or Company’s obligations under this Agreement or
applicable law, it is understood between the parties that a "standard” compliance approach means
an approach to compliance other than a Performance-Based Approach pursuant to Section 18998.1
of the Final Regulations, so that the city shall not be entitled to compliance exemptions under
Section 18998.2 of the Final Regulations.
City and Company agree to meet and confer as needed to discuss changes to Company’s operations
related to Exhibit C as necessary or appropriate to meet CalRecycle’s expectations for compliance
with SB 1383. If the changes to the Company’s operations entail additional costs or require
additional services to be provided, Company and City shall mutually agree on the compensation
to be provided to Company in advance of Company’s implementation of such change.
During the Term of this Agreement, City may elect to pursue a “performance-based Source
Separated collection service” approach in accordance with Section 18998.1 as set forth in the Final
Regulations. In general terms, based on the Final Regulations, the performance-based compliance
approach would require provision of at least three Containers for Source Separated Collection of
Discarded Materials to ninety percent (90%) of Residential Customers and to ninety percent (90%)
of Commercial Customers, while reducing some requirements for the City and the Company, as
described in Section 18998.2. The performance-based compliance approach places significant
added responsibility on Processors; Company would coordinate with the Approved Facility(ies)
as necessary to ensure Organic Materials and Recyclable Materials are provided in a form that
allows for Processing in accordance with the Final Regulations. Company would also coordinate
with the Approved Facility(ies) as necessary to ensure Solid Waste characterization studies can be
conducted in accordance with the Final Regulations. Should the City elect to pursue such a
performance-based compliance approach, the City Contract Manager and Company shall meet and
confer at least one (1) year prior to the implementation of the performance-based approach.
Notwithstanding the foregoing or any other provision, Company shall not be required to implement
the performance-based approach or any related services unless and until the parties mutually agree
in writing as to the specific obligations Company is to perform and the compensation to Company
for the same.
Key SB 1383 Staff. Company shall hire three (3) half time fully qualified individuals for the new
Company staff positions of SB 1383 Compliance Specialist, Outreach and Education Specialist,
and Hauler Route Reviewer(s). The SB 1383 Compliance Specialist and Outreach and Education
9.2.b
Packet Pg. 318 Attachment: Proposed Franchise Agreement (3950 : Solid Waste Franchise Agreement Intro)
Specialist shall have primary responsibility for planning and executing all compliance, outreach,
issuance of communication and follow-up levels, and technical assistance activities necessary to
ensure successful implementation of all SB 1383-related requirements of Company set forth in this
Agreement, including managing the work of any technical assistance Subcontractors hired by
Recology at Recology’s sole discretion, as applicable, and ongoing close coordination with the
City Contract Manager and their designees.
Section 1. SB 1383 Inspections and Follow-Up
General. Company shall perform Customer Compliance Reviews and Complaint Investigations
as described in this Section commencing as soon as practicable after the Effective Date of the
contract and no later than June 30, 2023, and at least annually thereafter, unless otherwise noted.
1.1 Commercial Generator Desktop Compliance Reviews
Company shall complete a compliance review of all Multi-Family and Commercial
Customers that subscribe for two (2) cubic yards or more per week of Solid Waste,
including Organic Materials, to determine whether they:
(i) are subscribed for Organic Materials collection service and/or Recyclable
Material collection service, as applicable,
(ii) have an applicable waiver,
(iii) have notified Company in writing that they are in compliance with the Self-
Hauling requirements set forth in Section 18988.3 of the Final Regulations and
the Gilroy City Code, including whether such Commercial Customer is
complying through Back-Hauling Organic Materials, or
(iv) have indicated on their waiver application or in a separate writing to Company
that a hired landscaper hauls their organic waste and that organic waste
generation post-hauling is below the organics recycling subscription threshold
(in which case they need to apply for a De Minimis Waiver, see Section 6.1).
Commercial Generator Desktop Compliance Reviews shall consist of a “desk” review
of records to determine Customers’ compliance with the above requirements and does
not require on-site observation of service.
1.2 Annual Hauler Route Reviews
Beginning as soon as practicable after the Effective Date of the contract and no later than
June 30, 2023, and annually thereafter, the Company shall initiate annual Hauler Route
Reviews of Commercial, Multi-Family, and Single-Family customers in accordance with
the terms set forth in Section 2 of this Exhibit C.
1.3 Food Recovery Compliance Reviews
9.2.b
Packet Pg. 319 Attachment: Proposed Franchise Agreement (3950 : Solid Waste Franchise Agreement Intro)
The City anticipates fulfilling the City’s obligations to address edible food recovery
through its participation in regional programs coordinated by other entities. Company
acknowledges that the collection of and regulatory activities addressing recoverable edible
food that are contemplated by the SB 1383 regulations are outside of the exclusive rights
City grants to Company in this Agreement. Should these other programs fail to adequately
address the City’s obligations for edible food recovery, City and Company may discuss
expanding Company’s activities in order to fulfill City’s regulatory obligations. Should the
City and Company mutually elect to utilize Company’s services to support the Food
Recovery Program, Company may recover its reasonable and necessary costs for
performing these services as EXCEPTIONAL COSTS in its rate application for the year
following provision of the services.
1.4 Complaint Investigations for SB 1383-Noncompliance
A. Reporting to City. Prior to commencement of investigation of complaints received
in which a Person alleges that an entity is in violation of SB 1383 requirements,
Company shall provide a brief complaint report to the City Contract Manager for
each SB 1383-noncompliance complaint within five (5) Working Days of receipt of
such complaint.
B. Investigation. Company shall assist City in meeting its obligation to investigate
written and oral complaints by commencing an investigation within ten (10) business
days of receiving a complaint in the following circumstances: (i) upon Company
receipt of a complaint that an entity may not be compliant with SB 1383; and (ii)
upon City Contract Manager request to investigate a complaint received by City.
Company is required to investigate complaints against Customers only, and not
against Edible Food recovery organizations, Edible Food recovery services, and other
entities regulated by SB 1383, and is only required to investigate complaints related
to services provided by Company.
Company shall investigate the complaint by:
i) Reviewing the Service Level of the Customer; Reviewing the waiver list, if
applicable, to determine if the entity has a valid, City-approved de minimis,
space constraint, or Collection frequency waiver;
ii) Reviewing the Self-Haul customer list, if applicable, to determine if the
customer is on the list;
iii) Contacting the entity to gather more information and inspecting Premises of the
entity identified by the complainant, if warranted;
9.2.b
Packet Pg. 320 Attachment: Proposed Franchise Agreement (3950 : Solid Waste Franchise Agreement Intro)
iv) If non-compliance is confirmed during the process of investigation, then the
Company shall proceed through the levels of communication and follow-up
detailed below in Section 1.5 (A) or (B) as applicable.
C. Documentation of Complaints. The Company shall enter all complaints received or
investigated by Company as required in the Company Implementation Record
including an electronic investigation complaint log that documents the Customer
account in question, the nature of the complaint, the investigation performed, dates
of outreach conducted and/or communication and follow-up levels issued per Section
1.5 (A) or (B), as applicable, whether or not the customer investigated was found to
be in violation of SB 1383, and the final resolution. This information shall be
available to the City Contract Manager as described in Section 8, Reporting, below.
1.5 Communication and Follow-Up for Desktop Compliance Reviews and Complaint
Investigations
A. Non-Compliant Entities through December 31, 2023. When compliance reviews
or complaint investigations are performed by Company, Company shall provide City-
approved educational materials where Company has determined a Customer is either
not properly subscribed for service based on the results of a Commercial Generator
Desktop Compliance Review, where Company has identified Prohibited Container
Contaminants during the performance of a Hauler Route Review (as described in
Section 2), or if a Complaint Investigation confirms a violation. Company shall
provide these educational materials to the non-compliant Customers within two (2)
Working Days of determination of any non-compliance discovered as a result of a
Commercial Generator Desktop Compliance Review or Complaint Investigation or
immediately upon identification of Prohibited Container Contaminants during a
Hauler Route Review.
B. Communication and Follow-Up for Commercial Generator Desktop
Compliance Reviews and Complaint Investigations Beginning January 1, 2024.
If a Commercial Generator Desktop Compliance Review leads to the determination
that a customer is not properly subscribed for service, or if a Complaint
Investigation confirms a violation then Company shall proceed through the levels of
communication and follow-up including:
i) issuance of a Notice of Referral to the City requiring compliance within 40
days of the issuance of that notice, to be issued within two (2) Working Days
of determination of non-compliance, accompanied by outreach and
educational materials;
ii) issuance of a 25-day warning letter that reiterates the non-compliance issue,
action items, and deadline for compliance;
9.2.b
Packet Pg. 321 Attachment: Proposed Franchise Agreement (3950 : Solid Waste Franchise Agreement Intro)
iii) issuance of a 10-day warning letter that reiterates the non-compliance issue,
action items, and deadline for compliance; and
iv) referral to City if non-compliance issue remains unresolved after 45 days of
determination of non-compliance.
For the purpose of this document, the Notice of Referral to City is defined as a
notice that a violation has occurred that includes a compliance date for the non-
compliant customer to avoid an action by City to seek penalties.
When a violation is referred to the City, the Company shall provide the following
information at the time of referral: Customer’s account information, the nature of
the violation, then-current Service Level, Company’s efforts to resolve the violation
to-date, and any other documentation that may be useful to the City as they escalate
communication and follow-up to enforcement that may include penalties and fines.
C. Documentation of Communication and Follow-Up. City Contract Manager shall
be immediately notified of contamination or compliance issues when it will result in
a Referral to the City by the Company. This will provide an opportunity for the City
to witness contamination and take photo documentation.
Company shall keep up-to-date records and documents required in the Company
Implementation Record including Customers and Generators with SB 1383
violations, the type of educational materials provided, levels of communication and
follow-up issued, and the resolution, along with dates the outreach and/or levels of
communication and follow-up were issued. This information shall be available to the
City Contract Manager per the requirements of Section 8, Reporting, below.
Section 2. Hauler Route Review Methodology / SB 1383 Contamination Minimization
Program
Company shall assist in minimizing Contamination by helping to educate Customers on acceptable
and non-acceptable materials, by monitoring the contents of Collection Containers, and by refusing
to Collect Containers with visible Prohibited Container Contaminants.
Commencing with the Effective Date of the contract, Company shall hire staff or a consultant to
complete the Hauler Route Reviews in accordance with the procedures described in this Section
(Section 2). The Hauler Route Reviews shall be completed no later than December 31of each year
of the Agreement. The Company shall conduct Hauler Route Reviews for Prohibited Container
Contaminants in Containers in a manner that is deemed safe by the Company and is conducted in
a manner that results in all Hauler Routes being reviewed annually. Annual Hauler Route Reviews
shall be conducted in accordance with the Annual Hauler Route Review Methodology set forth in
this section. The following reflects the original methodology as established at the effective date
of this agreement. Company and City shall annually review and amend the methodology as needed
9.2.b
Packet Pg. 322 Attachment: Proposed Franchise Agreement (3950 : Solid Waste Franchise Agreement Intro)
to ensure SB 1383 compliance, and any change in methodology agreed to shall be documented in
writing and shall be deemed to be incorporated herein by this reference.
2.1 Annual Hauler Route Review Methodology
At least once annually, Company shall conduct a Route Review for each Hauler Route. A
Hauler Route is the designated weekly itinerary or sequence of stops scheduled to be
performed by one collection vehicle providing regularly scheduled Solid Waste,
Recyclable Material or Organic Material collection services (not on-call or Bulky Item
Collection Program services) within the service area.
For each Route Review, the Company shall visually inspect the contents of the number of
Containers set forth below. Each inspection shall involve observing the contents of the
Container (whether by lifting the lid, using a camera, or other method deemed appropriate
by Company), but shall not require Company to disturb the contents or open any bags. The
Containers shall be randomly selected by a method approved by the City Contract
Manager. For the avoidance of doubt, Company shall not be required to annually inspect
every Container on a Hauler Route.
If Company finds Prohibited Container Contaminants in a Container during a Route
Review, Company shall notify the customer of the violation in writing by following the
communication and follow-up levels described below in Section 2.3. Company may
dispose of the contents of any Container found to contain Prohibited Container
Contaminants.
2.2 Number of Inspections
Containers on Hauler Routes shall be inspected consistent with the Table shown below.
Company may if it wishes, but shall not be required to, inspect more than the number of
Containers identified in the table. Company’s practice shall be to only inspect one
Container per customer service location per Route Review (e.g., 40 Containers = 40
locations). Company may inspect more Containers per location if Company wishes, but
those additional Containers shall not count towards the number in the table.
Route Size (# accounts
serviced per week)
Number of Containers
to be Inspected per
Hauler Route in City’s
Collection
service area
Less than 1,500 25
1,500-4,000 30
4,001-7,000 35
7,001 or more 40
9.2.b
Packet Pg. 323 Attachment: Proposed Franchise Agreement (3950 : Solid Waste Franchise Agreement Intro)
City reserves the right to require additional inspections if the City determines that the
amount of inspections conducted by the Company is insufficient. City may require the
Company to prioritize inspections of entities that the City determines are more likely to be
out of compliance. Company shall be entitled to recover its reasonable and necessary costs
for performing any additional inspections as EXCEPTIONAL COSTS in its rate
application for the year following provision of the services.
2.3 Communication and Follow-Up for Hauler Route Reviews
If Prohibited Container Contaminants are discovered during a Hauler Route Review,
then Company shall proceed through the levels of communication and follow-up
immediately upon determination of non-compliance, including:
i. issuance of a Courtesy Notice with Educational Materials for containers
with <10% contamination by volume; and
ii. issuance of a Notice of Non-Collection with Educational Materials for
containers with >10% contamination by volume, in addition to a Return Trip
Fee and, if applicable, an additional Garbage Collection Fee as described in
Section 2.5.
2.4 Documentation of Hauler Route Reviews
The Company shall maintain documentation for each Hauler Route Review conducted. The
documentation shall include all records and documents relating to Hauler Route Reviews
that are required to be included in the Company Implementation Record, including
noncompliant account numbers, locations of contamination issues, date of identified
contamination, summary of findings, notifications/education issued, number of containers
on route, and number of containers inspected. The foregoing information shall be available
to the City Contract Manager per the requirements of Section 8, Reporting, below.
Company shall permit observation of Route Reviews by the City. In addition, Company
shall upon request by City provide email notice to the City’s Contract Manager of the
upcoming scheduled Hauler Route reviews that includes the specific time(s) and
location(s).
2.5 Assessment of Contamination Fees/Return Trip Fee
No sooner than one hundred twenty (120) days following the Commencement Date,
Company and City shall meet and confer to discuss potential use of Contamination Fees
for Customers that do not properly sort their Discarded Materials. In the event Company
leaves a Customer a non-collection notice as a result of contamination, Company shall
return to Customer Premises to Collect Contaminated materials as garbage and charge a
return trip fee and, if applicable, additional garbage collection fee.
9.2.b
Packet Pg. 324 Attachment: Proposed Franchise Agreement (3950 : Solid Waste Franchise Agreement Intro)
2.6 Communications with Customers
Company shall be the primary contact with customers for the communication and follow-
up set forth in Section 1.3 of this document.
2.7 Disposal of Contaminated Materials
Company may Dispose of Contaminated materials observed in Customer’s Organic
Materials Container or Recyclable Materials Container.
2.8 Reporting Requirements
Company shall maintain records and report to the City Contract Manager on Contamination
monitoring activities and actions taken as required per the Company Implementation
Record. This information shall be available to the City Contract Manager per the
requirements of Section 8, Reporting, below.
Section 3. SB 1383 Container Requirements
To ensure continued compliance with SB 1383 Container color and labeling requirements, and in
coordination with any related activities that occur prior to the Commencement Date, Company
shall confer with the City Contract Manager prior to placing any orders for, purchasing, taking
delivery of, and/or utilizing any new Containers when there are material changes in the cart style,
sizes, labels, colors, etc.
3.1 Color Standards
Company shall provide Collection Containers to customers that comply with color
requirements when replacing containers with any containers that have been newly
purchased by Company. Colors shall be green for organic wastes, blue for recycling, and
grey for landfill waste. Containers provided to customers starting service shall conform to
the above color scheme. Recology and City shall agree to work collaboratively on Debris
Box color standards and labeling.
3.2 Labeling Requirements
Imprinted or In-Mold Labels for New Containers. Commencing with the Effective Date
of the contract, all new Containers provided by the Company that are purchased by
Company shall be imprinted with text or graphic images that indicate the primary materials
accepted and the primary materials prohibited in that Container. Labels shall clearly
indicate items that are Prohibited Container Contaminants for each Container. Prior to
ordering any Containers or lids with in-mold labels, Company shall submit a sample of its
proposed label, proposed location(s) for placement of labels on each type of Container, and
its labeling plan to the Contract Manager for approval.
9.2.b
Packet Pg. 325 Attachment: Proposed Franchise Agreement (3950 : Solid Waste Franchise Agreement Intro)
Section 4. Food Recovery Program
The City anticipates fulfilling the City’s obligations to address edible food recovery through its
participation in regional programs coordinated by other entities. Company acknowledges that the
collection and regulatory activities addressing recoverable edible food that are contemplated by
the SB 1383 regulations are outside of the exclusive rights City grants to Company in this
Agreement. Should these other programs fail to adequately address the City’s obligations for
edible food recovery, City and Company may discuss expanding Company’s activities in order to
fulfill City’s regulatory obligations. Should the City and Company mutually elect to utilize
Company’s services to support the Food Recovery Program, Company may recover its
reasonable and necessary costs for performing these services as EXCEPTIONAL COSTS in its
rate application for the year following provision of the services.
Section 5. Education and Outreach
All program related education and outreach materials designed by Recology and in collaboration
with the City and distributed by the Company in compliance with the requirements of the
Agreement, shall be translated into Spanish. This includes both printed materials and digital
outreach including social media posts, website, etc. All program related education and outreach
efforts designed by Recology and in collaboration with the City shall be documented for
inclusion in the Company Implementation Record including number of people reached, type of
message delivered, distribution type, etc.
Section 6. SB 1383 Generator Waiver Program Coordination
The following SB 1383 waivers are defined in Section 18984.11 as set forth in the Final
Regulations, for implementation, individually or collectively, at City discretion. Should the City
elect to allow one or more Generator waivers pursuant to SB 1383, Company shall coordinate
with City as necessary to comply. Company understands and accepts that Company’s scope of
services, and provision of services may be affected by City grant of waivers.
Company shall cooperate with and coordinate with the City regarding verification of eligibility for
waivers in accordance with the following steps: 1) Company shall respond to Customers requesting
De Minimis or Physical Space waivers and provide the Customer with the appropriate City
application form; 2) Company shall verify the information provided by the customer on the
application, and submit to the City for review; 3) City reviews waiver application materials,
approves or declines the waiver application, and returns to Company the completed application
form that has been updated with City’s approval or denial of the waiver for Company to distribute
to Customer; 4) Company provides Customer with completed application form that indicates
City’s approval or denial of the waiver application; 5) Company maintains an up-to-date list in the
Company Implementation Record of Customers that have been granted waivers by City; and 6) at
least every five years from the date of issuance, Company shall verify that commercial businesses
are still meeting requirements of granted de minimis and physical space waivers. All parts of the
waiver issuance process shall be recorded on one form including Customer application, Company
9.2.b
Packet Pg. 326 Attachment: Proposed Franchise Agreement (3950 : Solid Waste Franchise Agreement Intro)
verification, and City approval/denial.
Company shall verify information included in waiver applications in the following manner and
indicate findings on the application form:
i. For Physical Space Waiver applications, Company will verify whether the Container
storage area(s) at the service address are in Company’s opinion sufficient to add a
Recyclable Materials and/or Organic Materials container (whichever one(s) the Customer
is seeking a physical space waiver for). “Container storage area” means a contiguous area
designated by the Customer for storage of Refuse, Recyclable Materials, and/or Organic
Materials Containers.
ii. For De Minimis Waiver applications, Company will verify the estimated weekly volume
of Organic Materials and/or Recyclable Materials generated by the Customer and
discarded in the Solid Waste Containers at the service address. The estimate shall be
based on a single visual inspection of the contents of Container(s) at the service address.
Each inspection shall involve observing the contents of the Container(s) by the method
deemed appropriate by Company but shall not require Company to disturb the contents or
open any bags.
6.1 De Minimis Waivers (Three-Container Systems)
The City may elect to waive a Commercial Customer’s obligation to comply with some
or all of the Recyclable Materials and Organic Materials requirements as set forth in this
Agreement, pursuant to SB 1383, and in the Municipal Code if the Commercial Customer
provides documentation or the City has evidence demonstrating one of the following de
minimis conditions:
i) The Commercial Customer’s total Solid Waste Collection service is two (2) cubic
yards or more per week, and its Organic Materials or Recyclable fibers comprises
less than twenty (20) gallons per week of organic waste subject to collection, per
applicable Container, of the Commercial Business’ total waste; or,
ii) The Commercial Customer’s total Solid Waste Collection service is less than two (2)
cubic yards per week, and its Organic Materials or Recyclable fibers comprises less
than ten (10) gallons per week of organic waste subject to collection, per applicable
Container, of the Commercial Business’ total waste.
When a Customer submits an application for a De Minimis Waiver and the Customer indicates
on their application that a landscaper hauls away green waste, Company shall collect contact
information from the Customer’s application for the landscaping company that is removing the
organic waste from the site and provide that information to the City as part of the De Minimis
Waiver application.
9.2.b
Packet Pg. 327 Attachment: Proposed Franchise Agreement (3950 : Solid Waste Franchise Agreement Intro)
6.2 Physical Space Waivers
The City may elect to waive a Commercial Customer’s or Property Owner’s obligation to
comply with some or all of the Recyclable Materials or Organic Materials Collection
service requirements as set forth in this Agreement, pursuant to SB 1383, and in the
Gilroy City Code if the Commercial Customer or Property Owner provides
documentation, or the City has evidence from its staff, the Company, licensed architect,
engineer, or similarly qualified source demonstrating that the Premises lacks adequate
space for Recyclable Materials and/or Organic Materials Containers. Should the City
elect to grant such physical space waivers, Multi Family Customers that do not have
sufficient space to comply with some or all of the Organic Materials Collection service
requirements set forth in this Agreement may be required to Self-Haul Organic Materials
to the Approved Facility, subject to Applicable Law.
6.3 Collection Frequency Waivers
The City may elect to allow the Company to provide Collection of Solid Waste once
every fourteen (14) days, rather than once per week, for Customers that have been
granted a Collection frequency waiver from the City.
6.4 Company Recordkeeping of Generators Granted Waivers
Company shall maintain waiver-related records identified on the Company
Implementation Record and report on waiver verifications per the requirements of
Section 8, Reporting, below.
Section 7. SB 1383 Procurement Requirements
Company’s responsibilities regarding compost procurement arrangements are identified in
Recital I and Section 5.J of the Agreement. Company shall be proactive in evaluating
commercially available SB 1383-compliant vehicle fuel for use in Company vehicles.
Section 8. Record Keeping
Company shall supply City with the following categories of complete and up-to-date records as
required in the Company Implementation Record:
Route Reviews
Waivers and Exemptions
Education and Outreach
Compliance Reviews
Complaint Investigation
Edible Food Recovery (if Recology support of Food Recovery Program becomes needed)
Contamination Minimization (in event of a switch to Performance-Based Approach)
9.2.b
Packet Pg. 328 Attachment: Proposed Franchise Agreement (3950 : Solid Waste Franchise Agreement Intro)
Company and City shall mutually agree on the format of all forms required as part of the
Company Implementation Records, as well as the setup of the electronic folder system where all
forms shall be stored in the agreed-upon folders. As of the date of this Agreement, the City and
Company agree that the accompanying documentation shall be organized into the appropriate
files as identified in the Company Implementation Record, once the format and contents are
mutually agreed upon by Company and City as stated above.
Company shall enter required data into the Company Implementation Record and save
corresponding documentation in the agreed-upon Filing System within five (5) business days of
any change affecting data within any required reporting category and within one (1) business day
of notification from CalRecycle request to review implementation record. All information shall
be entered into a shared electronic platform that meets data security and confidentiality criteria
agreed upon by Company and City.
9.2.b
Packet Pg. 329 Attachment: Proposed Franchise Agreement (3950 : Solid Waste Franchise Agreement Intro)
EXHIBIT D
DESIGNATED FACILITIES
As of July 1, 2022, the designated facilities for disposal or processing of Solid Waste Matter are
as follows:
(i) Solid Waste shall be disposed of at John Smith Road Landfill in Hollister,
California or another facility designated by Waste Solutions Group of San Benito, LLC in
accordance with the CITY’s disposal agreement.
(ii) Recyclable Material shall be transferred at COMPANY’s San Martin Transfer
Station and then processed at GreenWaste Recovery in San Jose, California or other
facilities determined by COMPANY.
(iii) Organic Material shall be processed at COMPANY’s affiliate’s South Valley
Organics facility in Gilroy, California.
(iv) Construction and Demolition Debris shall be processed at Pacific Coast Recycling
in Gilroy, California or other facilities determined by COMPANY.
9.2.b
Packet Pg. 330 Attachment: Proposed Franchise Agreement (3950 : Solid Waste Franchise Agreement Intro)
EXHIBIT E
COMMUNITY EDUCATION AND OUTREACH
CORE REQUIREMENTS
Recology’s outreach in Gilroy will be comprised of the items listed below. All printed materials,
web and other content will have cohesive appearance. The Recology corporate branding will serve
as the default, except in cases where the City and Recology have agreed on a different visual theme.
All materials will be provided in English and Spanish and/or using universal imagery or symbols.
The organics stream will be included and at times emphasized to assist the City with SB 1383
compliance.
Strategic Outreach Plan
In collaboration with City staff, Recology will create a Strategic Outreach Plan will be created in
Year 1 of the contract that will guide the overall approach and major deliverables. The Plan will
be updated on an annual basis by Recology, in collaboration with City staff.
Website
COMPANY will update the existing website upon initiation of the new Agreement. Subsequent
updates will be made over the duration of the Agreement.
Recycling Guide
A guide will be distributed to all three customer types (Commercial, Multifamily, and Residential)
at the beginning of each calendar year. The guide will provide “how-to” information for all three
streams (Waste, Recycling, and Organics), using text and helpful images. In addition, the guide
will contain helpful information about the bulky item pick-up program and safe disposal of
household hazardous waste, sharps, prescription drugs, and other hard-to-dispose items.
New Start Packets
New Start Packets will be designed for each customer segment, and will contain the following
collateral:
Residential
Welcome letter with customer service, billing and other basic information.
Residential Recycling Guide
Calendar indicating street sweeping information
Multifamily
Welcome letter
9.2.b
Packet Pg. 331 Attachment: Proposed Franchise Agreement (3950 : Solid Waste Franchise Agreement Intro)
Multi-family Recycling Guide
In-unit “buddy bags” to assist residents with transport of recyclables to the common
recycling area(s) or chutes. Buddy bags will depict program information and Recology’s
contact information.
Commercial
Welcome letter
Commercial Recycling Guide
Supply sheet with information on how to request sorting posters, internal containers, etc.
Quarterly Communications
Quarterly communications to customers may include the following methods, as determined jointly
by the City and Recology:
Print newsletter
Electronic newsletter
Bill insert/flyer, printed
Bill insert/flyer, electronic
Direct-mail, such as letters or postcards
Social Media
Other collateral, as agreed upon by the City and Recology
Technical Assistance
Recology will provide technical assistance to the following customer types:
Commercial
Recology staff will work to enroll all eligible businesses, institutions, and other commercial
customers for all three streams.
Recology will provide trainings to staff to help them engage in their programs and properly
sort material.
Recology will offer tailored outreach to specific commercial sectors and accounts, focusing
on contamination reduction and increased diversion.
MFD
Recology staff will work to enroll all multi-family complexes in all three streams.
Recology staff will provide trainings to building managers, custodial staff, and other
stakeholders.
Recology will offer tailored outreach to specific multi-family complexes, focusing on
contamination reduction and increased diversion.
Schools/Youth
Recology will give presentations to schools and closely affiliated groups.
9.2.b
Packet Pg. 332 Attachment: Proposed Franchise Agreement (3950 : Solid Waste Franchise Agreement Intro)
EXHIBIT F
STREET SWEEPING
(a) Scope of Services.
(i) Company shall perform street sweeping operations using
appropriate vehicles on all designated City streets, as identified
by the City and approved by the Company, no less frequently than
once every two weeks, weather permitting, except as provided
below.
(ii) Company shall perform street sweeping operations using
appropriate vehicles in City business districts and on arterial
streets, as identified by the City and approved by the Company, no
less frequently than once per week, weather permitting.
(iii) Company shall perform street sweeping operations using
appropriate vehicles on the parking lots at City Facilities (as
designated on Exhibit G), no less frequently than once every two
weeks, weather permitting.
Notwithstanding the foregoing or anything else in this agreement,
Company shall not be required to perform street sweeping operations on
any street, parking lot, or portion thereof that Company determines is
unsafe or poses a threat of damage to Company’s equipment.
(b) Performance Requirements.
(i) Company will provide sufficient equipment to guarantee
uninterrupted service to City, at Company's sole cost and expense.
Company shall maintain the equipment in good repair and
operating condition and shall provide all fuel, lubricants, tires, and
all materials and supplies for the operation thereof.
(ii) Company, at its sole cost and expense, shall furnish competent
personnel to operate all equipment and such other employees as
required to furnish adequately the service required in this Section
and will further comply with the following:
o In the performance of the street sweeping services
described in this Exhibit F, Company agrees to comply
with all requirements of Chapter 1 of Part 7 of Division 2
of the Labor Code as they are directly applicable to such
services, including requirements pertaining to wages,
working hours and workers’ compensation insurance.
9.2.b
Packet Pg. 333 Attachment: Proposed Franchise Agreement (3950 : Solid Waste Franchise Agreement Intro)
o Company shall take cognizance of the prevailing wage
requirements set forth in California Labor Code Sections
1720, et seq. and 1770, et seq. applicable to certain
“public works” and Maintenance” projects and that the
performance of the street sweeping services described in
this Agreement is subject to compliance monitoring and
enforcement by the Department of Industrial Relations.
o Company shall not enter into a contract with a
subcontractor for the performance of the street sweeping
services described in this Exhibit F unless the
subcontractor is registered with the California Department
of Industrial Relations to perform public work under
Labor Code Section 1725.5, subject to limited legal
exceptions.
(iii) Company shall be solely responsible for disposal of all
sweepings collected by Company in the performance of services
pursuant to this Section.
(iv) Company shall not be required to perform street sweeping in
any new subdivision or development in the City until the public
improvements of the subdivision or development have been
accepted by the City.
(v) Company shall be provided with access and the materials
necessary to obtain water from City water hydrants and shall be
allowed to use such water as necessary to perform duties under this
Section free of charge.
(c) Service Exclusions. Company and City agree that the street
sweeping performed by Company pursuant to this Agreement shall be
limited to the collection and disposal of routine debris from streets. For
the avoidance of doubt, Company is not required to perform the following:
(i) Street sweeping to clear debris from public emergencies and
traffic accidents; and
(ii) The clearing of hazardous waste.
9.2.b
Packet Pg. 334 Attachment: Proposed Franchise Agreement (3950 : Solid Waste Franchise Agreement Intro)
EXHIBIT G
SERVICES TO CITY FACILITIES
(as of December 1, 2022)
City of Gilroy
City Services List
Cust Name Facility Name Service Address
CITY OF GILROY CITY HALL ANNEX 7370 ROSANNA STREET
CITY OF GILROY LAS ANIMAS FIRE STATION 8383 WREN AVE
CITY OF GILROY SUNRISE FIRE STATION 880 SUNRISE LN
CITY OF GILROY GILROY SPORTS PARK 5925 MONTEREY FRONTAGE RD #GSP
CITY OF GILROY CITY HALL 7351 ROSANNA STREET
CITY OF GILROY GILROY GOLF COURSE 2695 HECKER PASS
CITY OF GILROY POLICE DEPT 7301 HANNA ST #PD
CITY OF GILROY CORP YARD 613 OLD GILROY ST
CITY OF GILROY SENIOR CENTER 7371 HANNA STREET
CITY OF GILROY FIRE DEPT. 7070 CHESTNUT/PUBLIC CAN
CITY OF GILROY GILROY MUSEUM 95 5TH STREET
DEBRIS BOX SERVICE
613 OLD GILROY ST.
garbage 198 boxes
yard waste 98 boxes
C&D 3 boxes
5925 MONTEREY FRONTAGE RD.
garbage 6 boxes
7351 ROSANNA ST.
garbage 1 box
9.2.b
Packet Pg. 335 Attachment: Proposed Franchise Agreement (3950 : Solid Waste Franchise Agreement Intro)
City of Gilroy
STAFF REPORT
Agenda Item Title: Proposed Rezoning, Tentative Map and Architectural and
Site Review to Develop 3.37 Acres with a 45 Unit
Townhouse Project (Royal Way Townhomes).
Meeting Date: November 21, 2022
From: Jimmy Forbis, City Administrator
Department: Community Development Department
Submitted By: Sharon Goei, Community Development Director
Prepared By: Kraig Tambornini, Senior Planner
Strategic Plan Goals
☐ Develop a Financially
Resilient Organization
☐ Ensure Neighborhood
Equity from City
Services
☐ Promote Economic
Development
Activities
Promote Safe,
Affordable Housing for All
☐ Maintain and Improve
City Infrastructure
RECOMMENDATION
a) Motion to read the ordinance by title only and waive further rea ding; and
b) Introduce an Ordinance of the City Council approving adoption of a Planned Unit
Development Overlay Zoning Amendment for property at Royal Way (file number
Z 21-05); and
c) Adopt a resolution approving a Tentative Map for a 45-unit townhome
development (file number TM 21-04); and
d) Adopt a resolution approving an Architectural and Site Review Permit to allow
construction of a 45-unit townhome project on the property following approval of
the associated PUD zoning amendment and tentative map.
9.3
Packet Pg. 336
EXECUTIVE SUMMARY
The project proposes to consolidate and subdivide existing lots totaling 3.37 acres into a
45-unit townhome condominium project. The proposal may be permitted with a Planned
Unit Development (PUD) Zoning Amendment, Tentative Map, and Architectur al and Site
Review. The PUD zoning overlay is required to permit exceptions to the minimum R3
development standards for setbacks and lot sizes.
POLICY DISCUSSION
The project entitlements require approval by the City Council upon recommendation of
the Planning Commission as it consists of a PUD overlay rezoning and Tentative Parcel
Map. An Architectural and Site Review Permit would otherwise be subject to review and
approval by the Community Development Director, for permitted multi-family
development of the site.
BACKGROUND
History: This site was rezoned from R2 to R3 zoning in 1983. Prior applications for
development were reviewed in 2007 and again in 2015. The applicant , Third Millennium
Partners (TMP) Royal Way, LLC, submitted the subject project for preliminary review in
2021. This application responds to preliminary review comments provided on March 19,
2021. The formal submittal was made on October 4, 2021 and deemed complete for
processing on July 29, 2022.
Planning Commission Recommendation: On October 6, 2022, the Planning
Commission reviewed the project and heard testimony from neighbors to the east of the
site who expressed concerns with loss of privacy and construction noise and dust. The
Planning Commission voted 4-1-0 to recommend approval of the PUD Zoning
Amendment and Tentative Map, and voted 5-0-0 to recommend approval of the
Architectural and Site Review Permit, with the following additional items:
• Explore installation of temporary fencing during construction to control dust.
• Change garage door colors to a lighter tone and include windows.
• Include additional window treatments such as recessing windows, adding a sill
and or shutters.
• Consider providing privacy trees between the project and neighboring residences
to the east.
• Explore need for a water curtain between the project and open space preserve if
needed for fire safety.
Following the Planning Commission meeting, t he applicant met with the residents to
discuss their concerns. A comment letter from PG&E has also been received that notes
an existing overhead line crosses the property. The applicant has provided the following
9.3
Packet Pg. 337
response to the comments received, including the Planning Commission
recommendations:
1. Windows: The applicant, TMP, confirmed the exterior windows are recessed for
articulation.
2. Front Entry: TMP confirmed that roof line has rain gutters.
3. Garage Doors: TMP agrees to add a top panel that includes windows.
4. Garage Doors: TMP agrees to lighten the paint color on the garage doors.
5. Neighbors:
a. Privacy – TMP met with neighbors at the site on 10.17.22 and agreed to
install a solid 8’ good-neighbor fence along the property line of Antonio Ct.
lots pending approval by the City Council.
b. Privacy - showed neighbors location of trees in front yards of Building E
that will face their backyards – will install 24” box trees in this area.
c. Dust - per draft Conditions of Approval 41(a), TMP agreed to increase
daily watering from “two” to “three” times-a-day during grading.
6. PG&E: Per PG&E letter, TMP confirmed that the pole/line nea r Building E is no
longer energized and will be removed as part of land development for current
project (most likely was used for former house, pump, etc.).
Staff has incorporated responses 3, 4, and 5 into the conditions of approval. The PG&E
pole/line will be addressed as part of the subdivision improvement agreement. Staff has
further confirmed that the site is not in a high fire hazard zone and requires no further
mitigation in this regard.
Environmental Assessment: Pursuant to Section 15183 of the California
Environmental Quality Act, projects that are consistent with the general plan do not
require additional environmental review except as might be necessary to examine
whether there are particular project-specific significant effects. Staff has investigated the
site and concludes the project qualifies for an infill exemption pursuant to section 15332
of the CEQA Guidelines, and no further environmental analysis is require d.
ANALYSIS
Project Description: The project proposes to develop 3.37 total ac res of vacant land,
between Royal Way and Uvas Creek levee and trail, with 45 two-story townhomes in 11
buildings. The units would be for sale, market-rate housing, and consist of six three-
bedroom units and 39 two-bedroom units.
The three-bedroom units average 1,300 square feet in size and the two-bedroom units
average 1,200 square feet in size. Each townhome includes a two-car garage, front
yard and private patio area. Project features and amenities include an onsite
recreational playground, 12 guest pa rking spaces, on-site and offsite landscaping,
9.3
Packet Pg. 338
perimeter pathway, fencing and outdoor courtyard area. The project also includes
landscaping on the Gilroy Unified School District property to the west, and in the
parkstrip on Royal Way. The site is relatively level and would result in approximately
3,000 cubic yards of soils removal to accommodate site development.
The property is permitted for medium-density residential development and zoned R3
multi-family residential. The planned development overlay is proposed to permit
individual townhome lots with deviations to side and front setback standards along the
exterior boundary. The tentative map is required to create individual lots for each unit.
The architectural and site review permit is required to approv e all site and building
design details, consistent with the PUD overlay. The site could otherwise develop as an
apartment complex, subject to administrative review, without the PUD rezoning and
Tentative Map.
General Plan Consistency: The 2040 General Plan requires development of the site at
a density of 8 to 20 units per net acre. The site is 3.37 net acres as no additional public
rights of way or dedications are required. Therefore, the 45 unit project is within the
density range for the site which allows for 30 to 68 units. The attached Planning
Commission report contains further detailed discussion of project consistency with goals
and policies relevant to the project.
Zoning Amendment/Planned Unit Development (PUD) Overlay Zone Analysis:
Pursuant to Zoning Code Chapter 30.26, the PUD planned unit development combining
district allows diversification in development standards that promote unified planning
and development, economical and efficient land use, a higher standard of amenities,
creative design, and upgrading of the urban environment. Development standards are
established through issuance of a Planned Unit Development permit pursuant to
Chapter 30.50.50.
The project would propose slight setback reductions for some of the buildings to allow
deviations in the required front setback in a few locations (24’ instead of 26’), cul-de-sac
setback (20’4” instead of 21’) and interior side setback (6’ instead of 12’); as discussed
in detail in the attached Planning Commission staff report. The deviations are minimal
and supported to accommodate the project. No other deviations to standards are
requested.
Tentative Map Analysis: Consistent with Section 21.41(a) of the City Code, the
tentative map was distributed to various departments and utility agencies to ensure
compliance with the standards for services. The project layout, design and circulation
have been reviewed and recommended with conditions. As proposed and conditioned
the project would not conflict with existing easements and would result in an orderly
pattern of development that is consistent with the medium density land use designation .
Architectural and Site Permit Analysis : The building designs and site plan have been
reviewed to ensure that they satisfy the applicable criteria listed in Section 30.50.40 of
the City Code and City Objective Design Standards. Each unit includes covered
9.3
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entryways, private yard areas, covered parking, guest parking provided in the
development, and active and passive outdoor recreational areas.
The project includes public amenities with an area for installation of artwork at the
northeast corner of the site and will provide and maintain landscaping on the Gilroy
Unified School District site to the west. This improvement would help assure the area is
publicly visible and maintained. The project also includes high quality materials and
details, open view fencing and walkways along the site perimeter.
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 approval of the project. All project costs
are covered by the applicant. The applicant has paid all planning entitlement costs
associated with the project. The project will also require payment of all associated
building permit fees and development impact fees for citywide improvements.
CONCLUSION
The Planning Commission recommends that the City Council adopt an ordinance
approving the Planned Unit Development Zoning Amendment for reduced setbacks and
townhouse condominium lots and adopt resolutions approving the Tentative Map and
the Architectural and Site Review Permit for the 45 -unit townhome development project.
NEXT STEPS
Upon City Council approval, the Engineering Department would complete the process of
signing and recording the Parcel Map. The applicant can then apply for building permits
to construct the project.
PUBLIC OUTREACH
On September 21, 2022, notice of the pending project was posted on-site, and notice of
the Planning Commission public hearing was published in the Gilroy Dispatch and
mailed to residents within 500 feet. On November 11, 2022, notice of the City Council
public hearing was published in the Gilroy Dispatch and mailed to property owners
within 500 feet of the subject site. In addition, the Planning Commission and City
Council public hearing packets are available through the City's webpage.
Attachments:
1. Vicinity Map Royal Way
9.3
Packet Pg. 340
2. Architectural Plans
3. Civil and Landscape Plans
4. Street Name Exhibit
5. Planning Commission Resolutions and Staff Report
6. Proposed Ordinance
7. Draft Resolution - TM 21-04
8. Draft Resolution - AS 21-17
9. Correspondence - Sean Reedy Received 11/15/2022
9.3
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Note: Map is for reference purposes only.
City of Gilroy
4,427City of Gilroy, GIS Services
737.8
1:NAD_1983_StatePlane_California_III_FIPS_0403_Feet
368.89 Feet737.80
Vicinity Map - Royal Way Townhomes
9.3.a
Packet Pg. 342 Attachment: Vicinity Map Royal Way (4030 : Royal Way Townhomes)
1.ALL CONSTRUCTION, FABRICATION AND INSTALLATIONS SHALL CONFORM TO THE REQUIREMENTS OF THE APPLICABLE EDITIONS OF THE CALIFORNIA BUILDING CODE, CALIFORNIA MECHANICAL CODE, CALIFORNIA PLUMBING CODE, NATIONAL ELECTRICAL CODE, TITLE 24, AND ANY OTHER FEDERAL, STATE, AND LOCAL CODE, REGULATIONS, ORDINANCES OF THE GOVERNING JURISDICTION. SUCH APPLICABLE CODES, ETC. ARE THOSE IN EFFECT AT THE TIME PERMIT APPLICATION IS FILED FOR THE PROJECT.2.THE ARCHITECT SHALL BE NOTIFIED IMMEDIATELY OF ANY DISCREPANCIES BETWEEN THESE DOCUMENTS AND ANY APPLICABLE CODES BY THE AGENT INVOLVED WITH THE GOVERNING AGENCY HAVING JURISDICTION. IT IS UNDERSTOOD THAT THE "FIELD INSPECTOR" FOR SUCH AGENCY HAS FINAL AUTHORITY TO APPROVE/DISAPPROVE PROJECT CONSTRUCTION AND CORRECTNESS OF ALL CODE RELATED ITEMS3.EACH SUBCONTRACTOR IS CONSIDERED A SPECIALIST IN THEIR RESPECTIVE FIELD OR TRADE AND SHALL NOTIFY, PRIOR TO PERFORMANCE OF THE WORK AND PRIOR TO THE TENDERING A PRICE FOR THE WORK, THE GENERAL CONTRACTOR AND THE ARCHITECT OF ANY WORK CALLED OUT IN THE DRAWINGS WHICH CANNOT BE FULLY GUARANTEED OR CONSTRUCTED AS DESIGNED OR DETAILED AND WHICH WOULD NOT BE SUITABLE FOR THIS TYPE OF FACILITY.4.THE CONTRACTOR SHALL VERIFY ALL SITE CONDITIONS AND DIMENSIONS PRIOR TO COMMENCING THE WORK AND IMMEDIATELY NOTIFY THE ARCHITECT IN WRITING OF ANY DISCREPANCIES.5.THE CONTRACTOR SHALL VERIFY ALL DIMENSIONS AND LOCATIONS OF ALL OPENINGS, CHASES AND SPECIAL PROVISIONS REQUIRED FOR EQUIPMENT, DUCTS, PIPING, CONDUITS, FINISH HARDWARE, ETC. AND IMMEDIATELY NOTIFY THE ARCHITECT IN WRITING OF ANY DISCREPANCIES.6.DO NOT SCALE DRAWINGS. ALL DIMENSIONS SPECIFIED SHALL GOVERN. DIMENSIONS ARE TYPICALLY TO THE FACE OF FRAMING UNLESS OTHERWISE NOTED.7.ALL DECORATIVE MATERIALS, INTERIOR FURNISHINGS, ETC., WILL MEET SMOKE DENSITY AND FLAME SPREAD RATINGS AS PER CODE. CERTIFICATIONS SHALL BE PROVIDED PRIOR TO FINAL OCCUPANCY.8.ALL ITEMS OF THE WORK DESIGNATED FOR THE USE BY HANDICAPPED SHALL FULLY COMPLY WITH CURRENT REQUIREMENTS OF APPLICABLE GOVERNING HANDICAP/ACCESSIBILITY CODES AND REGULATIONS.9.WHERE CONSTRUCTION DETAILS ARE NOT SHOWN OR NOTED FOR ANY PART OF THE WORK, DETAILING SHALL BE THE SAME AS FOR OTHER SIMILAR FIRST CLASS WORK FOR THE TRADE INVOLVED. THE ARCHITECT SHALL BE NOTIFIED IMMEDIATELY OF ANY ALTERNATE NON-STANDARD OR UNTESTED METHOD(S) PROPOSED10.GENERAL CONTRACTOR TO COORDINATE ARCHITECTURAL AND STRUCTURAL DRAWINGS WITH MECHANICAL, ELECTRICAL, PLUMBING, AND CIVIL DRAWINGS, AND SHALL NOTIFY THE ARCHITECT OF ANY REQUIREMENTS (CODE-RELATED OR OTHERWISE) FOR ENCLOSURES, SHAFTS, AND ACCESS PANELS THAT ARE NOT OTHERWISE DESCRIBED ON THE DOCUMENTS PRIOR TO TENDERING ANY PRICE FOR THE WORK.11.PLANS FOR AUTOMATIC FIRE SPRINKLER SYSTEM WILL BE SUBMITTED TO AND APPROVED BY THE AUTHORITY HAVING JURISDICTION PRIOR TO INSTALLATION.12.SUBMITTAL DOCUMENTS FOR DEFERRED SUBMITTAL ITEMS SHALL BE SUBMITTED TO THE ARCHITECT OR ENGINEER OF RECORD, WHO SHALL REVIEW THEM AND FORWARD THEM TO THE BUILDING OFFICIAL WITH A NOTATION INDICATING THAT THE DEFERRED SUBMITTAL DOCUMENTS HAVE BEEN REVIEWED AND THAT THEY HAVE BEEN FOUND TO BE IN GENERAL CONFORMANCE WITH THE DESIGN OF THE BUILDING. THE DEFERRED SUBMITTAL ITEMS SHALL NOT BE INSTALLED UNTIL THEIR DESIGN AND SUBMITTAL DOCUMENTS HAVE BEEN APPROVED BY THE BUILDING OFFICIAL.13.PENETRATIONS AND MEMBRANE PENETRATIONS OF HORIZONTAL ASSEMBLIES (FLOOR-CEILINGS AND ROOF-CEILINGS) AND FIRE-RESISTIVE WALL ASSEMBLIES SHALL BE PROTECTED PER CBC SECTION 712.14.ALL INTERIOR WALL AND CEILING FINISHES SHALL COMPLY WITH CBC CHAPTER 815.PER REQUIREMENTS OF CBC SECTION 903.3, THE BUILDING SHALL BE PROTECTED THROUGHOUT BY AN APPROVED "AUTOMATIC SMOKE DETECTION SYSTEM" AND AN APPROVED "AUTOMATIC SPRINKLER SYSTEM" IN COMPLIANCE WITH STANDARDS OF NFPA 13 16.PER REQUIREMENTS OF CBC SECTION 903.3, THE BUILDING SHALL BE EQUIPPED WITH AN AUTOMATIC FIRE ALARM SYSTEM COMPLYING WITH THE REQUIREMENTS OF NFPA 72.17. THIS PROJECT REQUIRES STRUCTURAL OBSERVATION PURSUANT TO CBC 171018. ELEVATOR SHALL MEET ALL PROVISIONS OF CBC CHAPTER 30 AND CBC CHAPTER 7. AN ELEVATOR PERMIT IS TO BE OBTAINED FROM DOSHPRIOR TO FINAL OCCUPANCY19. ACCESSIBILITY FOR DISABLED PERSONS IN WHEEL CHAIRS WILL BE PROVIDED AS REQUIRED BY THE 2019 CBC122 E. ARRELLAGASANTA BARBARA805 962 2746CALIFORNIA 93101BlatterHochhauserARCHITECTUREAND PLANNINGSHEETPROJECT NO:THIS DRAWING IS COPYRIGHTEDMATERIAL UNDER THE SOLE OWNERSHIPOF HOCHHAUSER BLATTER ARCHITECTURE& PLANNING. ANY USE WITHOUTEXPRESSED WRITTEN CONSENT OFHOCHHAUSER BLATTER IS PROHIBITED.SHEET CONTENTSISSUANCE OR REVISIONDATE:PLANNING SUBMITTAL08/13/20212ND PLNG. SBMTL.01/06/20223RD PLNG. SBMTL.04/26/2022ROYAL WAY TOWNHOMESSCHEMATIC DESIGNGILROY CA 95020A0.1COVER SHEET9967RESIDENTIAL DEVELOPMENTROYAL WAYGilroy, CaliforniaSHEET INDEXVICINITY MAPPROJECT DIRECTORYSCOPE OF WORKPROJECT TYPEPROJECT DATA45 UNIT RESIDENTIAL TOWNHOMES PROJECT, RESIDENTIAL AMENETIES AND OPEN SPACE,87 ON GRADE PARKING SPACESURVEYCIVILMID COAST ENGINEERIS70 PENNY LANE, SUITE AWATSONVILLE CA, 95076TEL. 831.724.2580R3 ZONE ALOWS DENSITY OF 52.69 UNITS @ SITE AREA OF 2,722 SF PER UNITDENSITY CALCULATIONS:CIVIL DESIGN STUDIO, Inc.ROBERT WINSLOW, P.E., QSDP.O. BOX 199CAMBRIA, CA 93428TEL. 805.706.0401OWNERTMP ROYAL WAY, LLCATTN: MICHAEL CADYSANTA TERESA BLVD. #200SAN JOSE, CA 95123T: 408.960-8010F: 408.393-9769LANDSCAPEBFS LANDSCAPE ARCHITECTS425 Pacific Street, Suite 201,Monterey CA 93940 www.bfsla.comTEL: 831.646-1383SITEA0.1COVER SHEETC1 SURVEY C2 SURVEYROYAL WAY TOWNHOMES PROJECTPROPOSED DENSITY: 45 UNITSOWNER/APPLICANT:PROJECT ADDRESS:ZONE:PARCEL NUMBERS:OCCUPANCY TYPE:PROJECT INFORMATIONLOT AREANO. OF STORIES:BUILDING HEIGHT:MAX ALLOWED 47'PROPOSED -26.5'23.29 NET ACRESTMP ROYAL WAY, LLCGILROY, CA790 -44-93, -94, -95, -96, -97, -98, -101, -109, -110CALIF. BLDG CODE, R2, S-2R3 (MEDIUM DENSITY RESIDENTIAL DISTRICT)ARCHITECTJAN R. HOCHHAUSER, AIAHOCHHAUSER BLATTERARCHITECTURE + PLANNING122 E. ARRELLAGA STREETSANTA BARBARA, CA 93101T: 805.962.2746 X 102F: 805.962.4984TOTAL BUILDING COVERAGE53.946 SF (1.23 AC) ~36.7%LANDSCAPE COVARAGE36,305 SF (0.83 AC) ~24.8%HARDSCAPE COVARAGE53,458 SF (1.22 AC) ~ 38.5%TOTAL 45 UNIT RESIDENTIAL TOWNHOMES SITE CONTAINS:6 -TWO STORIES TOWNHOMES ARE 3 BDRMS (WITH AVARAGE OF ~1,300 SF PER UNIT)39 -TWO STORIES TOWNHOMES ARE 2 BDRMS (WITH AVARAGE OF ~1,200 SF PER UNIT)1HR TYPE V, WOODEN FRAMEARCHITECTURAL:APPLICABLE CODES2021 GILROY CITY CODE IS CURRENT ORDINANCE 20212019 CALIFORNIA BUILDING CODE2 GARAGE PARKING PER UNIT PARKINGGENERAL NOTESLANDSCAPEC1.0PRELIMINARY GRADING PLANCIVILC2.0PRELLIMINARY UTILITY PLANL2.2PLANT IMAGESL2.1CONSTRUCTION & PLANTING ENLARGEMENT PLANL2.0LANDSCAPE SITE PLANL1.0TREE REMOVAL & PROTECTION PLAN45 TOWNHOUSE UNITS2/ GARAGED CAR SPACES PER UNIT = 90 GARAGED CARS PROVIDED25 UNITS OF 45 TOTAL HAVE GARAGES THAT HAVE REDUCED SIZINGFACILIATING PARKING OF ONE COMPACT ANDONE FULL SIZE AUTOMOBILE.ALL OTHER UNITS GARAGE 2 FULL SIZE VEHICLES. 12 GUEST SPACES PROVIDED OFF STREET ON SITE@ 1 SPACE PER 4 UNITS11.25 REQUIREDA1.1 SITE PLANA2.1 OVERALL FLOOR PLANSA2.3 ROOF PLANA3.1 BUILDING A LAYOUTSA3.1a ELEVATIONS - AA3.2 BUILDING B AND TYP. UNITS LAYOUTA3.2a BUILDING B AND TYP. UNITSELEVATIONA3.3 BUILDING C -TYP. LAYOUTA3.3a TYP. ELEVATIONS - CA3.4 TOWNHOME D - LAYOUTSA3.4a ELEVATIONS - DA3.5 BUILDING E LAYOUTSA3.5a ELEVATIONS - EA3.6 LAYOUT - FA3.7 TOWNHOME G - LAYOUTSA3.8 TOWNHOME H - LAYOUTSC1.1PRELIMINARY SECTIONSC3.0PRELIMINARY HORIZONTALCONTROL PLANC4.0PRELIMINARY FIRE CIRCULATION PLAN -CLOCKWISEC4.1PRELIMINARY FIRE CIRCULATION PLAN -COUNTER CLOCKWISEELECTRICAL1PHOTOMETRIC PLANL3.0IRRIGATIONPLANL2.3PLANT IMAGESA3.9 TOWNHOME K - LAYOUTSA3.10 BUILDING L LAYOUTSA3.10a ELEVATIONS - LA3.11 BUILDING M LAYOUTSA3.11a ELEVATIONS - MA4.0 SITE GAZEBOA4.1 SECTIONSA4.2 SECTIONSA4.4 DETAILSA4.5 DETAILSA5.1 ILLUSTRATIONSA5.2 ILLUSTRATIONSA5.3 OFF FRONT STREET ILLUSTRATIONSA5.4 SITE IMAGESA-M-1 Material BoardA-M-3 Material Board9.3.bPacket Pg. 343Attachment: Architectural Plans (4030 : Royal Way Townhomes)
9.3.b
Packet Pg. 344 Attachment: Architectural Plans (4030 : Royal Way Townhomes)
9.3.b
Packet Pg. 345 Attachment: Architectural Plans (4030 : Royal Way Townhomes)
3 6 "0 ,9 2 MOVERALL SITE 3.29 NET ACRESEQEQ12' - 0"2 4 ' - 0 "24' - 0"TYPICALTOWNHOUSEPLAYAMENETIESPICNICBENCH, SEE 1/A4.5TYPICAL PRIVATE GARDEN COURTPUBLIC / COMMONPEDESTRIAN PATHGAZEBOFEATURE,SEE A3.13ROYAL WAYDUPLEXTOWNHOMESPUBLIC / COMMONPEDESTRIAN PATHNORTH010' 30' 60'1A4.12A4.1ABCDEFMLKHG39 ROWHOUSE TOWNHOMES ~ 1,200 SF WITH 2 CAR GARAGE6 DUPLEX TOWNHOMES ~ 1,300 SFWITH 2 CAR GARAGEDRIVEWAY - 40,665 SFCOMMON AREAS - 1,934 SF87 PARKING ON SITE (INCL. 12 GUEST)WALKING PATH - 15,605 SF13.67 (~14) Units per Acretotal 45 unitsCLTREE REMOVALPER PERMIT ONLY12103TOTAL LANDSCAPE -34,622 SF FIREHYDRANTEXISTING TREES(per landscape)PROPERTYLINEEXISTING TREES(per landscape)PROPERTYLINEPROPERTYLINEPROPERTYLINEGREEN BELTNATURALWALKWAY8 PARKING ON ALONG ROYAL WAY ST.17' - 0"10' - 3"18' - 3"F I R E H Y D R A N T H O S E R E A C H 1 5 0 'FIREHYDRANTHOSE REACH 150'20' - 0"FIREHYDRANT2A4.0PAVED PAD FORTRASH/REFUSE, TYP.1456789FIREHYDRANTF I R E H Y D R A N T H O S E R E A C H 1 5 0 '1A4.22116' - 11"LOCATION FORPUBLIC ARTPAVED PAD FORTRASH/REFUSE, TYP.1 1 5 ' M IN . F .H .F .T . B A C K U P150' M IN
PAVED PAD FORTRASH/REFUSE, TYP.25' - 2"24' - 6"3 2 ' - 4 1 /2 "SEE 1/A4.4FACE OF BUILDING19' FROM PROP. LN. TO13' - 5"SITE STATS:FRONT: 26 FEET FROMCURB FACECUL DE SAC: 22 FEETFROM CURB FACESTREET SIDE: 12 FEETREAR: 15 FEET- 24' MIN.TO 30' MAX.-20' 4"-14' 1"- 16.5'PROVIDEDMIN. STANDARD R3 SETBACKS ARE AS FOLLOWS:21' - 5"TO PROP. LINE14' - 1"5A4.412' - 8 1/2"5' - 0"18' - 6 1/2"8' - 11 1/2"R 31' - 0"9' - 8"18' - 0"20' - 0"7' - 1 1/2"17' - 7 1/2"6' - 1 1/2"10' - 5 1/2"4 9 ' - 3 "18' - 0 1/2"11' - 9 1/2"24' - 9 1/2"23' - 11"24' - 0 1/2"FACE OF THE CURB24' - 1 1/2"BIKE PADTYP. 2/A4.5SHEET A3.1SHEET A3.2SHEET A3.3SHEET A3.4SHEET A3.11SHEET A3.10SHEET A3.9SHEET A3.8SHEET A3.7SHEET A3.6SHEET A3.54A4.4FACE OF THE CURB25' - 2"29' - 9"FACE OF THE CURB30' - 2 1/2"CUL DE SAC20' - 4 1/2"FROM PROP. LINETO FACE OF THE BUILDING5' - 3 1/2"7' - 11 1/2"5' - 1"4' - 8 1/2"4' - 3 1/2"7' - 10"4' - 6 1/2"5' - 4"BIKE PADTYP. 2/A4.5BIKE PADTYP. 2/A4.5BIKE PADTYP. 2/A4.5BIKE PADTYP. 2/A4.5BIKE PADTYP. 2/A4.58' - 8"1 6 ' - 5 1 /2 "6'-HIGH WROUGHTIRON FENCE, SEE 4/A4.5NEW NON-SCALABLE6' VERTICAL BOARDFENCE AT PROP. LINEREPPLACE (E) FENCEWITH NON-SCALABLEVERTICAL BOARDFENCE AT PROP. LINE3'-6" HIGH YARD FENCESEE 3/A4.56'-HIGHWROUGHTIRON FENCENO FENCING PROPOSEDFACING ROYAL WAY18' - 0"1 8 ' - 7 "EXIST WATERPIPELINE EASEMENTEXIST FLOOD ANDDRAINAGE EASEMENTEXIST TEMPCONSTRUCTIONEASEMENT16' - 0"PUEPUEPUEPUE16' - 0"PUE122 E. ARRELLAGASANTA BARBARA805 962 2746CALIFORNIA 93101BlatterHochhauserARCHITECTUREAND PLANNINGSHEETPROJECT NO:THIS DRAWING IS COPYRIGHTEDMATERIAL UNDER THE SOLE OWNERSHIPOF HOCHHAUSER BLATTER ARCHITECTURE& PLANNING. ANY USE WITHOUTEXPRESSED WRITTEN CONSENT OFHOCHHAUSER BLATTER IS PROHIBITED.SHEET CONTENTSISSUANCE OR REVISIONDATE:PLANNING SUBMITTAL08/13/20212ND PLNG. SBMTL.01/06/20223RD PLNG. SBMTL.04/26/2022ROYAL WAY TOWNHOMESSCHEMATIC DESIGNGILROY CA 95020A1.1SITE PLAN9967RESIDENTIAL DEVELOPMENTROYAL WAY3/64" = 1'-0"1SiteE A S M E N T L IN E06/23/20229.3.bPacket Pg. 346Attachment: Architectural Plans (4030 : Royal Way Townhomes)
DW
UP3 6 "
0 ,9 2 M AMENITIES6'-HIGH WROUGHTIRON FENCE, SEE 4/A4.5NEW NON-SCALABLE6' VERTICAL BOARDFENCE AT PROP. LINE9' - 0"1A4.12A4.1OUTDOORCOURTYARDA3.2a3A3.2a4A3.2a5A3.2a6A3.9A3.92A3.931A3.94A3.82A3.81A3.83A3.84A3.71A3.72A3.73A3.74A3.10a1A3.10a3UNITK102UNITK101UNITH102UNITF103UNITF102UNITF101UNITE108UNITE107UNITE106UNITE105UNITE104UNITE103UNITE102UNITE101UNITD104UNITD103UNITD102UNITD101UNITD105UNITL106UNITM101UNITM102UNITL105UNITL104UNITL103UNITL102UNITL101UNITM103UNITC103UNITC102UNITC101UNITC104UNITB103UNITB102UNITB101UNITB104UNITA105UNITA104UNITA103UNITA102UNITA101UNITA106UNITH101UNITG102UNITG101PATIOPATIOPATIOPATIOPATIOPATIOPATIOPATIOPATIO PATIO PATIO PATIOPATIO PATIOPATIOPATIOPATIOPATIOPATIOPATIOPATIOPATIOPATIOPATIOPATIOPATIOPATIOPATIOPATIOPATIOPATIOPATIOPATIOPATIOPATIOPATIO PATIOPATIO PATIOPATIOPATIOPATIOPATIOPATIO379 SF 1ST FLOOR858 SF 1ST FLOOR411 SF 1ST FLOOR410 SF 1ST FLOOR644 SF 1ST FLOOR410 SF 1ST FLOOR12' - 5"
2' - 0"44' - 0"
TYP.
46' - 0"TYP.30' - 0 1/2"TYP.25' - 11 1/2"A3.1a1A3.1a2A3.1a3A3.1a4A3.11a2A3.11a3A3.11a4A3.11a1A3.65A3.66A3.68A3.5a1A3.5a2A3.5a3A3.5a4A3.10a2A3.10a410' - 2 1/2"17' - 0"ROYAL WAYA3.4a1A3.4a2A3.4a3A3.4a4PLAYGROUNDTYP.TYP.TYP.TYP.A3.638' - 3 1/2"14' - 9"26' - 0"24' - 0"24' - 8 1/2"16' - 11"21' - 0"24 ' - 0"8' - 11 1/2"13' - 0"10' - 11 1/2"6' - 1 1/2"11' - 1 1/2"2A4.010' from PL21' - 7"-A2.425' - 0 1/2"1A4.2A3.3a4A3.3a3A3.3a2A3.3a125' - 2"NORTH010' 30' 60'20' - 8"20' - 2 1/2"REPPLACE (E) FENCEWITH NON-SCALABLEVERTICAL BOARDFENCE AT PROP. LINE3'-6" HIGH YARD FENCESEE 3/A4.56'-HIGHWROUGHTIRON FENCENO FENCING PROPOSED FACING ROYAL WAYE107E102E101168516851782ETOTAL(D):E1061674E1081782E104E10316741674E1051674860813630C103 1782D1011782TOTAL (C):DD102D103168516746934B102B103B101168516851782BTOTAL (A):B1041782C102C10116851782CTOTAL (B):693410177AUNIT #A102A103A101BUILDINGTYPE 2 story middle attachedtownhomes w/ underparking (M)SQ FT167416741680A105A106A104C103D104D105TOTAL (E):UNIT #BUILDINGTYPE SQ FTM102M103M101167417751680ML105L106F102F103F101157717711777L1011782L10216851688169310202TOTAL (E):FLTOTAL (E):L103L104TOTAL (L):K1021963TOTAL (K):H101H102K10119943957200320034006KHTOTAL (H):GRANDTOTAL :4566331G101G102grandtownhouse198119143895GTOTAL (H):168016741782168516851782168216852 story end unit townhome w/underparking (E)MEEMEEEEMEEMMMMEEEEEgrandtownhousegrandtownhouse51295129122 E. ARRELLAGASANTA BARBARA805 962 2746CALIFORNIA 93101BlatterHochhauserARCHITECTUREAND PLANNINGSHEETPROJECT NO:THIS DRAWING IS COPYRIGHTEDMATERIAL UNDER THE SOLE OWNERSHIPOF HOCHHAUSER BLATTER ARCHITECTURE& PLANNING. ANY USE WITHOUTEXPRESSED WRITTEN CONSENT OFHOCHHAUSER BLATTER IS PROHIBITED.SHEET CONTENTSISSUANCE OR REVISIONDATE:PLANNING SUBMITTAL08/13/20212ND PLNG. SBMTL.01/06/20223RD PLNG. SBMTL.04/26/2022ROYAL WAY TOWNHOMESSCHEMATIC DESIGNGILROY CA 95020A2.1OVERALL FLOOR PLANS9967RESIDENTIAL DEVELOPMENTROYAL WAY3/64" = 1'-0"11ST FLOOR06/23/20229.3.bPacket Pg. 347Attachment: Architectural Plans (4030 : Royal Way Townhomes)
1A4.12A4.12A4.01A4.2NORTH010' 30' 60'5"/12" ROOF PITCH USEDUNLESS OTHER NOTED5"/12" ROOF PITCH USEDUNLESS OTHER NOTED5"/12" PITCH TYP.2.5"/12" ROOF PITCH USEDUNLESS OTHER NOTEDFLAT ROOFUNLESS OTHER NOTED5" / 1'-0"5" / 1'-0"5" / 1'-0"5" / 1'-0"5" / 1'-0"5" / 1'-0"5" / 1'-0"5" / 1'-0"5" / 1'-0"
5" / 1'-0"5" / 1'-0"5" / 1'-0"5" / 1'-0"5 " / 1 '-0 "
5 " / 1 '-0 "
5 " / 1 '-0 "5" / 1'-0"5 " / 1 '-0 "5" / 1'-0"5 " / 1 '-0 "5" / 1'-0"5" / 1'-0"5 " / 1 '-0 "5" / 1'-0"5" / 1'-0"5" / 1'-0"5" / 1'-0"5" / 1'-0"5" / 1'-0"5" / 1'-0"
2 1/2" / 1'-0"
2 1/2" / 1'-0"
2 1/2" / 1'-0"
2 1/2" / 1'-0"
2 1/2" / 1'-0"
2 1/2" / 1'-0"
2 1/2" / 1'-0"
5" / 1'-0"5" / 1'-0"5" / 1'-0"5" / 1'-0"5" / 1'-0"5" / 1'-0"2 1/2" / 1'-0"5" / 1'-0"
5" / 1'-0"5" / 1'-0"5" / 1'-0"
2 1/2" / 1'-0"122 E. ARRELLAGASANTA BARBARA805 962 2746CALIFORNIA 93101BlatterHochhauserARCHITECTUREAND PLANNINGSHEETPROJECT NO:THIS DRAWING IS COPYRIGHTEDMATERIAL UNDER THE SOLE OWNERSHIPOF HOCHHAUSER BLATTER ARCHITECTURE& PLANNING. ANY USE WITHOUTEXPRESSED WRITTEN CONSENT OFHOCHHAUSER BLATTER IS PROHIBITED.SHEET CONTENTSISSUANCE OR REVISIONDATE:PLANNING SUBMITTAL08/13/20212ND PLNG. SBMTL.01/06/20223RD PLNG. SBMTL.04/26/2022ROYAL WAY TOWNHOMESSCHEMATIC DESIGNGILROY CA 95020A2.3ROOF PLAN9967RESIDENTIAL DEVELOPMENTROYAL WAY1" = 30'-0"1Roof Plan9.3.bPacket Pg. 348Attachment: Architectural Plans (4030 : Royal Way Townhomes)
A3.1a33' x 8' BALCONYTYP.26' - 4"25' - 11"25' - 10 1/2"26' - 1 1/2"53' - 0"3' - 11 1/2"42' - 0"160' - 3 1/2"BRM BATHROOMBTRMBRLNDRYBRBATHM BATHROOMBRBTRMLNDRYBRBTRMM BATHROOMBRBTRMLNDRYBRBTRMM BATHROOMBRBTRMLNDRYBRBTRMM BATHROOMBRBTRMLNDRYBRBTRMM BATHROOMBRBTRMLNDRYBR0141043' - 0"4' x 8' BALCONYTYP.3' x 8' BALCONYTYP.4' x 8' BALCONYTYP.BRACKETSUPPORTSEE 5/A4.4 FORTYP BALCONY SYSTEM12' x 8'PATIO.5.5' x 6' ENTRYPORCHGARAGELRKTDININGGARAGELRKTDININGGARAGELRKTDININGGARAGELRKTDININGGARAGELRKTDININGGARAGELRKTDINING159' - 3"26' - 0"30' - 9 1/2"26' - 0 1/2"25' - 11 1/2"25' - 10 1/2"26' - 1 1/2"5.5' x 6' ENTRYPORCH 51SF ENTRYPORCH TYP.5.5' x 6' ENTRYPORCH5.5' x 6' ENTRYPORCH5.5' x 6' ENTRYPORCH7' - 11"6' - 0"BALCONYABOVEROOFABOVE FULL CAR SPACE20' - 2 1/2"FULL CAR SAPCE20' - 8"A4.41SimTRASHTRASHTRASH, STOSTORAGE10 sfCOMPACT CAR SPACE17' - 2 1/2"10 sf STORAGEABOVE, TYP.10 sf STORAGEABOVE,TYP.6' - 3 1/2"1' - 8 1/2"6" TYP.PRIVACYENTRY SEPERATION TYP.6" TYP.ROOF OVERENTRY PORCHPICKETPATIO FENCE3/A4.5 TYP.ROOF LINE ABOVE122 E. ARRELLAGASANTA BARBARA805 962 2746CALIFORNIA 93101BlatterHochhauserARCHITECTUREAND PLANNINGSHEETPROJECT NO:THIS DRAWING IS COPYRIGHTEDMATERIAL UNDER THE SOLE OWNERSHIPOF HOCHHAUSER BLATTER ARCHITECTURE& PLANNING. ANY USE WITHOUTEXPRESSED WRITTEN CONSENT OFHOCHHAUSER BLATTER IS PROHIBITED.SHEET CONTENTSISSUANCE OR REVISIONDATE:PLANNING SUBMITTAL08/13/20212ND PLNG. SBMTL.01/06/20223RD PLNG. SBMTL.04/26/2022ROYAL WAY TOWNHOMESSCHEMATIC DESIGNGILROY CA 95020A3.1BUILDING A LAYOUTS9967RESIDENTIAL DEVELOPMENTROYAL WAY1/8" = 1'-0"12nd FLOOR LAYOUT - TOWNHOME A1/8" = 1'-0"21ST FLOOR LAYOUT - TOWNHOME AFRONT PORCH -216 SFPATIO -576 SF2ND FLOOR BALCONIES -248 SFTOTAL -1040 SFROOF PLAN A9.3.bPacket Pg. 349Attachment: Architectural Plans (4030 : Royal Way Townhomes)
1ST FLOOR0' -0"2nd FLOOR10' -6"Roof Plan19' -0"52BEP537P7EP5P526' - 0 1/2"1ST FLOOR0' -0"2nd FLOOR10' -6"Roof Plan19' -0"EP2P7P7EP5EP226' - 0 1/2"1ST FLOOR0' -0"2nd FLOOR10' -6"Roof Plan19' -0"P7EP5EP126' - 0 1/2"1ST FLOOR0' -0"2nd FLOOR10' -6"Roof Plan19' -0"P7EP5EP1122 E. ARRELLAGASANTA BARBARA805 962 2746CALIFORNIA 93101BlatterHochhauserARCHITECTUREAND PLANNINGSHEETPROJECT NO:THIS DRAWING IS COPYRIGHTEDMATERIAL UNDER THE SOLE OWNERSHIPOF HOCHHAUSER BLATTER ARCHITECTURE& PLANNING. ANY USE WITHOUTEXPRESSED WRITTEN CONSENT OFHOCHHAUSER BLATTER IS PROHIBITED.SHEET CONTENTSISSUANCE OR REVISIONDATE:PLANNING SUBMITTAL08/13/20212ND PLNG. SBMTL.01/06/20223RD PLNG. SBMTL.04/26/2022ROYAL WAY TOWNHOMESSCHEMATIC DESIGNGILROY CA 95020A3.1aELEVATIONS -A9967RESIDENTIAL DEVELOPMENTROYAL WAY1/8" = 1'-0"1OVERALL ELEVATION BUILDING A -EAST1/8" = 1'-0"2OVERALL ELEVATION BUILDING A -SOUTH1/8" = 1'-0"3OVERALL ELEVATION BUILDING A -WEST1/8" = 1'-0"4OVERALL ELEVATION BUILDING A -NORTHKeynote LegendKeyValueKeynote Text37 PORCH COLUMN, PAINTED STUCCO FINISH OVER WOOD FRAMING52BEP1 2.5"/12" SLOPED WOODEN FRAMED BALCONY AWNING WITH CURRAGATEDMETAL PANEL ON TOPEP2 ASPHALT SHINGLE ROOFINGEP5 FIBER CEMENT BOARD AND BATTEN DESIGN -SHERWIN WILLIAMSSW6673 BANANA CREAMP5 STUCCO FINISH PER STRUCTURAL AND ARCHITECTURAL DRAWINGS,SHERWIN WILLIAMS SW9163 "TIN LIZZIE"P7 EXTERIOR WALL TO RECEIVE STUCCO FINISH PER STRUCTURAL ANDARCHITECTURAL DRAWINGS, SHERWIN WILLIAMS SW7064 "PASSIVE"9.3.bPacket Pg. 350Attachment: Architectural Plans (4030 : Royal Way Townhomes)
1. NOTEOVERALL FLOOR PLAN FOR BUILDINGS B, C UNIT PLANS ARE TYPICAL FOR THE BUILDINGS A, B, C, D, E, F, M, LSEE A3.0 FOR ELEVATIONS OF BUILDING B & CAACC2244UUUUE1E1E2E2LIV.DIN.LIV.DIN.KTLIV.DIN.LIV.DIN.GARAGEGARAGEGARAGEGARAGEKTKTKT115521' - 0"3325' - 0"29' - 0"26' - 0"26' - 0"29' - 0"110' - 0"20' - 10"4' - 0"20' - 8 1/2"5.5' x 6' ENTRYPORCH PER UNIT51SF ENTRYSTOOP12' x 8' PATIO TYP.12' x 8' PATIO TYP.51SF ENTRYSTOOPTRASH, STOROOFABOVEA4.41SimTYP6" TYP.PRIVACY ENTRYSEPARATION10 SF TRASHBALCONYABOVE51SF ENTRYSTOOPA3.2a3A3.2a4A3.2a5A3.2a6AACC24UUUUE1E1E2E21532' - 0"13' - 8 1/2"13' - 3 1/2"13' - 3"12' - 9"12' - 9"13' - 3"13' - 3 1/2"13' - 8 1/2"2' - 0"2' - 0"6' - 10"14' - 0"2' - 0"14' - 0"4' - 5"MBRBRMBRMBCBBRCBRMBRBRMBRMBCBBRCBRBRBRMBMBMCMC29' - 0"26' - 0"26' - 0"29' - 0"2' - 0"4' x 8' BALCONY TYP.A3.3a4A3.3a3A3.3a2A3.3a101410SEE 5/A4.4 FOR TYPBALCONY SYSTEM122 E. ARRELLAGASANTA BARBARA805 962 2746CALIFORNIA 93101BlatterHochhauserARCHITECTUREAND PLANNINGSHEETPROJECT NO:THIS DRAWING IS COPYRIGHTEDMATERIAL UNDER THE SOLE OWNERSHIPOF HOCHHAUSER BLATTER ARCHITECTURE& PLANNING. ANY USE WITHOUTEXPRESSED WRITTEN CONSENT OFHOCHHAUSER BLATTER IS PROHIBITED.SHEET CONTENTSISSUANCE OR REVISIONDATE:PLANNING SUBMITTAL08/13/20212ND PLNG. SBMTL.01/06/20223RD PLNG. SBMTL.04/26/2022ROYAL WAY TOWNHOMESSCHEMATIC DESIGNGILROY CA 95020A3.2BUILDING B AND TYP.UNITS LAYOUT9967RESIDENTIAL DEVELOPMENTROYAL WAYGENERAL NOTES1/8" = 1'-0"11ST FLOOR UNIT LAYOUT1/8" = 1'-0"22nd FLOOR UNIT LAYOUTFRONT PORCH -168 SFPATIO -384 SF2ND FLOOR BALCONIES -64 SFTOTAL -616 SFROOF PLAN B9.3.bPacket Pg. 351Attachment: Architectural Plans (4030 : Royal Way Townhomes)
1ST FLOOR0' -0"2nd FLOOR10' -6"Roof Plan19' -0"BACUUE1E2EP2P7EP2P7P7EP6EP5step1' -0"EP11ST FLOOR0' -0"2nd FLOOR10' -6"Roof Plan19' -0"EP2EP5P71531ST FLOOR0' -0"2nd FLOOR10' -6"Roof Plan19' -0"BACUUE1E2EP2P7EP5EP2P726' - 0 1/2"EP5EP6P7P8step1' -0"371ST FLOOR0' -0"2nd FLOOR10' -6"Roof Plan19' -0"24EP2EP5P726' - 0 1/2"153step1' -0"122 E. ARRELLAGASANTA BARBARA805 962 2746CALIFORNIA 93101BlatterHochhauserARCHITECTUREAND PLANNINGSHEETPROJECT NO:THIS DRAWING IS COPYRIGHTEDMATERIAL UNDER THE SOLE OWNERSHIPOF HOCHHAUSER BLATTER ARCHITECTURE& PLANNING. ANY USE WITHOUTEXPRESSED WRITTEN CONSENT OFHOCHHAUSER BLATTER IS PROHIBITED.SHEET CONTENTSISSUANCE OR REVISIONDATE:PLANNING SUBMITTAL08/13/20212ND PLNG. SBMTL.01/06/20223RD PLNG. SBMTL.04/26/2022ROYAL WAY TOWNHOMESSCHEMATIC DESIGNGILROY CA 95020A3.2aBUILDING B AND TYP.UNITS ELEVATION9967RESIDENTIAL DEVELOPMENTROYAL WAYTYP. UNITS ELEVATION -SOUTHTYP. UNITS ELEVATION -EASTTYP. UNITS ELEVATION -NORTHTYP. UNITS ELEVATION -WESTKeynote LegendKeyValueKeynote Text37 PORCH COLUMN, PAINTED STUCCO FINISH OVER WOOD FRAMINGEP1 2.5"/12" SLOPED WOODEN FRAMED BALCONY AWNING WITH CURRAGATEDMETAL PANEL ON TOPEP2 ASPHALT SHINGLE ROOFINGEP5 FIBER CEMENT BOARD AND BATTEN DESIGN -SHERWIN WILLIAMSSW6673 BANANA CREAMEP6 FIBER CEMENT PER STRUCTURAL AND ARCHITECTURAL DRAWINGS,SHERWIN WILLIAMS SW6226 "LANGUID BLUE"P7 EXTERIOR WALL TO RECEIVE STUCCO FINISH PER STRUCTURAL ANDARCHITECTURAL DRAWINGS, SHERWIN WILLIAMS SW7064 "PASSIVE"P8 STUCCO FINISH PER STRUCTURAL AND ARCHITECTURAL DRAWINGS,SHERWIN WILLIAMS SW7066 "GRAY MATTERS"9.3.bPacket Pg. 352Attachment: Architectural Plans (4030 : Royal Way Townhomes)
AACC2244UUUUE1E1E2E2LIV.DIN.LIV.DIN.KTLIV.DIN.LIV.DIN.GARAGEGARAGEGARAGEGARAGEKTKTKT115521' - 0"3325' - 0"29' - 0"26' - 0"26' - 0"29' - 0"110' - 0"20' - 10"4' - 0"20' - 8 1/2"5.5' x 6' ENTRYPORCH PER UNIT51SF ENTRYSTOOP12' x 8' PATIO TYP.12' x 8' PATIO TYP.TRASH, STOROOFABOVEA4.41SimTYP6" TYP.PRIVACY ENTRYSEPARATION10 SF TRASHBALCONYABOVE51SF ENTRYSTOOPA3.2a3A3.2a4A3.2a5A3.2a6AACC24UUUUE1E1E2E21532' - 0"13' - 8 1/2"13' - 3 1/2"13' - 3"12' - 9"12' - 9"13' - 3"13' - 3 1/2"13' - 8 1/2"2' - 0"2' - 0"6' - 10"14' - 0"2' - 0"14' - 0"4' - 5"MBRBRMBRMBCBBRCBRMBRBRMBRMBCBBRCBRBRBRMBMBMCMC29' - 0"26' - 0"26' - 0"29' - 0"2' - 0"4' x 8' BALCONY TYP.A3.3a4A3.3a3A3.3a2A3.3a101410SEE 5/A4.4 FOR TYPBALCONY SYSTEM122 E. ARRELLAGASANTA BARBARA805 962 2746CALIFORNIA 93101BlatterHochhauserARCHITECTUREAND PLANNINGSHEETPROJECT NO:THIS DRAWING IS COPYRIGHTEDMATERIAL UNDER THE SOLE OWNERSHIPOF HOCHHAUSER BLATTER ARCHITECTURE& PLANNING. ANY USE WITHOUTEXPRESSED WRITTEN CONSENT OFHOCHHAUSER BLATTER IS PROHIBITED.SHEET CONTENTSISSUANCE OR REVISIONDATE:PLANNING SUBMITTAL08/13/20212ND PLNG. SBMTL.01/06/20223RD PLNG. SBMTL.04/26/2022ROYAL WAY TOWNHOMESSCHEMATIC DESIGNGILROY CA 95020A3.3BUILDING C -TYP. LAYOUT9967RESIDENTIAL DEVELOPMENTROYAL WAY1/8" = 1'-0"11ST FLOOR UNIT LAYOUT -BUILDING C1/8" = 1'-0"22nd FLOOR UNIT LAYOUT -BUILDING CFRONT PORCH -152 SFPATIO -384 SF2ND FLOOR BALCONIES -64 SFTOTAL -600 SFROOF PLAN C9.3.bPacket Pg. 353Attachment: Architectural Plans (4030 : Royal Way Townhomes)
1ST FLOOR0' -0"2nd FLOOR10' -6"Roof Plan19' -0"24EP2EP5P726' - 0 1/2"153step1' -0"1ST FLOOR0' -0"2nd FLOOR10' -6"Roof Plan19' -0"BACUUE1E2EP2P7EP2P7P7EP6EP5step1' -0"EP11ST FLOOR0' -0"2nd FLOOR10' -6"Roof Plan19' -0"BACUUE1E2EP2P7EP5EP2P726' - 0 1/2"EP5EP6P7P8step1' -0"371ST FLOOR0' -0"2nd FLOOR10' -6"Roof Plan19' -0"EP2EP5P7153step1' -0"122 E. ARRELLAGASANTA BARBARA805 962 2746CALIFORNIA 93101BlatterHochhauserARCHITECTUREAND PLANNINGSHEETPROJECT NO:THIS DRAWING IS COPYRIGHTEDMATERIAL UNDER THE SOLE OWNERSHIPOF HOCHHAUSER BLATTER ARCHITECTURE& PLANNING. ANY USE WITHOUTEXPRESSED WRITTEN CONSENT OFHOCHHAUSER BLATTER IS PROHIBITED.SHEET CONTENTSISSUANCE OR REVISIONDATE:PLANNING SUBMITTAL08/13/20212ND PLNG. SBMTL.01/06/20223RD PLNG. SBMTL.04/26/2022ROYAL WAY TOWNHOMESSCHEMATIC DESIGNGILROY CA 95020A3.3aTYP. ELEVATIONS -C9967RESIDENTIAL DEVELOPMENTROYAL WAYTYP. UNITS ELEVATION -WEST -CTYP. UNITS ELEVATION -SOUTH -CTYP. UNITS ELEVATION -NORTH -CTYP. UNITS ELEVATION -EAST -CKeynote LegendKeyValueKeynote Text37 PORCH COLUMN, PAINTED STUCCO FINISH OVER WOOD FRAMINGEP1 2.5"/12" SLOPED WOODEN FRAMED BALCONY AWNING WITH CURRAGATEDMETAL PANEL ON TOPEP2 ASPHALT SHINGLE ROOFINGEP5 FIBER CEMENT BOARD AND BATTEN DESIGN -SHERWIN WILLIAMSSW6673 BANANA CREAMEP6 FIBER CEMENT PER STRUCTURAL AND ARCHITECTURAL DRAWINGS,SHERWIN WILLIAMS SW6226 "LANGUID BLUE"P7 EXTERIOR WALL TO RECEIVE STUCCO FINISH PER STRUCTURAL ANDARCHITECTURAL DRAWINGS, SHERWIN WILLIAMS SW7064 "PASSIVE"P8 STUCCO FINISH PER STRUCTURAL AND ARCHITECTURAL DRAWINGS,SHERWIN WILLIAMS SW7066 "GRAY MATTERS"9.3.bPacket Pg. 354Attachment: Architectural Plans (4030 : Royal Way Townhomes)
A3.4a21COURTYARD8'X8' PATIOTYP.COURTYARDCOURTYARDCOURTYARDCOURTYARDGARAGEKTDININGLRGARAGEKTDININGLRGARAGEKTDININGLRGARAGEKTDININGLRGARAGEKTDININGLR19' - 0"9' - 11 1/2"17' - 0 1/2"19' - 3 1/2"TRASHTRASHTRASHTRASHTRASHSTOSTOSTO10SF STOTYP.135' - 11 1/2"46' - 0"5.5'X6' ENTRYPORCH51 SFENTRYPORCHSTEPBALCONY ABOVE20' - 2 1/2"COMPACT CAR SPACE17' - 2 1/2" TYP.20' - 2"6" TYP.PRIVACYSEPERATIONROOF LINE ABOVE PORCHROOF LINE ABOVE PORCHPICKETPATIO FENCE3/A4.5 TYP.10SF STOTYP.A3.4a1A3.4a2A3.4a40141043' - 0"138' - 0"M BATHROOMM BEDROOMSTUDYBRBTRMLNDRYM BATHROOMM BEDROOMSTUDYBRBTHRMLNDRYM BATHROOMM BEDROOMBRM BATHROOMM BEDROOMSTUDYBRLNDRYBTHRMBTHRMM BATHROOMM BEDROOMSTUDYBRLNDRYBTHRMSTUDYLNDRY27' - 0 1/2"26' - 0"52' - 0"27' - 0 1/2"122 E. ARRELLAGASANTA BARBARA805 962 2746CALIFORNIA 93101BlatterHochhauserARCHITECTUREAND PLANNINGSHEETPROJECT NO:THIS DRAWING IS COPYRIGHTEDMATERIAL UNDER THE SOLE OWNERSHIPOF HOCHHAUSER BLATTER ARCHITECTURE& PLANNING. ANY USE WITHOUTEXPRESSED WRITTEN CONSENT OFHOCHHAUSER BLATTER IS PROHIBITED.SHEET CONTENTSISSUANCE OR REVISIONDATE:PLANNING SUBMITTAL08/13/20212ND PLNG. SBMTL.01/06/20223RD PLNG. SBMTL.04/26/2022ROYAL WAY TOWNHOMESSCHEMATIC DESIGNGILROY CA 95020A3.4TOWNHOME D -LAYOUTS9967RESIDENTIAL DEVELOPMENTROYAL WAY1/8" = 1'-0"11ST FLOOR LAYOUT -TOWNHOME D1/8" = 1'-0"22ND FLOOR LAYOUT -TOWNHOME DFRONT PORCH -147 SFPATIO -320 SF2ND FLOOR BALCONIES -176 SFTOTAL -643 SF3'X8 BALCONIESTYP.4'X8'BALCONIESROOF PLAN D9.3.bPacket Pg. 355Attachment: Architectural Plans (4030 : Royal Way Townhomes)
1ST FLOOR0' -0"2nd FLOOR10' -6"Roof Plan19' -0"EP2EP5P7EP5EP126' - 0 1/2"P7P7EP5EP1P7step1' -0"1ST FLOOR0' -0"2nd FLOOR10' -6"Roof Plan19' -0"EP2EP5P7P5step1' -0"1ST FLOOR0' -0"2nd FLOOR10' -6"Roof Plan19' -0"P7EP1P7EP2P7P7P726' - 0 1/2"EP1step1' -0"1ST FLOOR0' -0"2nd FLOOR10' -6"Roof Plan19' -0"EP2EP5P7EP5EP2step1' -0"122 E. ARRELLAGASANTA BARBARA805 962 2746CALIFORNIA 93101BlatterHochhauserARCHITECTUREAND PLANNINGSHEETPROJECT NO:THIS DRAWING IS COPYRIGHTEDMATERIAL UNDER THE SOLE OWNERSHIPOF HOCHHAUSER BLATTER ARCHITECTURE& PLANNING. ANY USE WITHOUTEXPRESSED WRITTEN CONSENT OFHOCHHAUSER BLATTER IS PROHIBITED.SHEET CONTENTSISSUANCE OR REVISIONDATE:PLANNING SUBMITTAL08/13/20212ND PLNG. SBMTL.01/06/20223RD PLNG. SBMTL.04/26/2022ROYAL WAY TOWNHOMESSCHEMATIC DESIGNGILROY CA 95020A3.4aELEVATIONS -D9967RESIDENTIAL DEVELOPMENTROYAL WAY1/8" = 1'-0"1OVERALL ELEVATION D -SOUTH1/8" = 1'-0"2OVERALL ELEVATION D -WEST1/8" = 1'-0"3OVERALL ELEVATION D -NORTH1/8" = 1'-0"4OVERALL ELEVATION D -EASTKeynote LegendKeyValueKeynote TextEP1 2.5"/12" SLOPED WOODEN FRAMED BALCONY AWNING WITH CURRAGATEDMETAL PANEL ON TOPEP2 ASPHALT SHINGLE ROOFINGEP5 FIBER CEMENT BOARD AND BATTEN DESIGN -SHERWIN WILLIAMSSW6673 BANANA CREAMP5 STUCCO FINISH PER STRUCTURAL AND ARCHITECTURAL DRAWINGS,SHERWIN WILLIAMS SW9163 "TIN LIZZIE"P7 EXTERIOR WALL TO RECEIVE STUCCO FINISH PER STRUCTURAL ANDARCHITECTURAL DRAWINGS, SHERWIN WILLIAMS SW7064 "PASSIVE"9.3.bPacket Pg. 356Attachment: Architectural Plans (4030 : Royal Way Townhomes)
A3.5a312'X8' PATIOSGARAGETRASH, STOLRKTDININGENTRYENTRYENTRYGARAGETRASH, STOLRKTDININGGARAGETRASH, STOLRKTDININGGARAGETRASH, STOLRKTDININGGARAGETRASH, STOLRKTDININGGARAGETRASH, STOLRKTDINING30' - 0 1/2"26' - 0"30' - 0"26' - 0"26' - 0"26' - 0"44' - 0"2' - 0"12'X8' PATIOS51SFPORCH48SFLRLRKTKTGARAGEGARAGETRASH, STOTRASH, STO20' - 2 1/2"26' - 0"20' - 2 1/2"6" TYP.6" TYP.A3.5a301410M BEDROOMM BEDROOMM BEDROOMM BEDROOMLNDRYM BEDROOMM BEDROOMM BTHRMM BTHRMM BTHRMM BTHRMM BTHRMM BTHRMM BTHRMM BTHRMBTHRMBTHRMBTHRMBTHRMBTHRMBTHRMBTHRMBTHRMBRLNDRYLNDRYLNDRYLNDRYLNDRYLNDRYLNDRYSTUDYSTUDYSTUDYSTUDYSTUDYSTUDYSTUDYBRBRBRBRBRSTUDYM BEDROOMM BEDROOMSTUDY215' - 11 1/2"46' - 0"4' X 8' BALCONIES3'X8' BALCONIESSEE 5/A4.4 FOR TYPBALCONY SYSTEMSEE 5/A4.4 FOR TYPBALCONY SYSTEM122 E. ARRELLAGASANTA BARBARA805 962 2746CALIFORNIA 93101BlatterHochhauserARCHITECTUREAND PLANNINGSHEETPROJECT NO:THIS DRAWING IS COPYRIGHTEDMATERIAL UNDER THE SOLE OWNERSHIPOF HOCHHAUSER BLATTER ARCHITECTURE& PLANNING. ANY USE WITHOUTEXPRESSED WRITTEN CONSENT OFHOCHHAUSER BLATTER IS PROHIBITED.SHEET CONTENTSISSUANCE OR REVISIONDATE:PLANNING SUBMITTAL08/13/20212ND PLNG. SBMTL.01/06/20223RD PLNG. SBMTL.04/26/2022ROYAL WAY TOWNHOMESSCHEMATIC DESIGNGILROY CA 95020A3.5BUILDING E LAYOUTS9967RESIDENTIAL DEVELOPMENTROYAL WAY1/8" = 1'-0"11ST FLOOR LAYOUT -TOWNHOME E1/8" = 1'-0"22ND FLOOR LAYOUT -TOWNHOME EROOF PLAN EFRONT PORCH -416 SFPATIO -768 SF2ND FLOOR BALCONIES -272 SFTOTAL -1456 SF5.5' X 6' PORCH51SFPORCHPRIVACYSCREEN, TYP.5.5' X 6' PORCHBALCONYABOVE, TYP.BALCONYABOVE, TYP.9.3.bPacket Pg. 357Attachment: Architectural Plans (4030 : Royal Way Townhomes)
1ST FLOOR0' -0"2nd FLOOR10' -6"Roof Plan19' -0"EP526' - 0 1/2"EP6P7EP5P51ST FLOOR0' -0"2nd FLOOR10' -6"Roof Plan19' -0"EP2EP2EP5P726' - 0 1/2"P51ST FLOOR0' -0"2nd FLOOR10' -6"Roof Plan19' -0"EP5EP2EP162P7P7EP2P7P726' - 0 1/2"P5EP6step1' -0"1ST FLOOR0' -0"2nd FLOOR10' -6"Roof Plan19' -0"EP2P7EP2EP5step1' -0"122 E. ARRELLAGASANTA BARBARA805 962 2746CALIFORNIA 93101BlatterHochhauserARCHITECTUREAND PLANNINGSHEETPROJECT NO:THIS DRAWING IS COPYRIGHTEDMATERIAL UNDER THE SOLE OWNERSHIPOF HOCHHAUSER BLATTER ARCHITECTURE& PLANNING. ANY USE WITHOUTEXPRESSED WRITTEN CONSENT OFHOCHHAUSER BLATTER IS PROHIBITED.SHEET CONTENTSISSUANCE OR REVISIONDATE:PLANNING SUBMITTAL08/13/20212ND PLNG. SBMTL.01/06/20223RD PLNG. SBMTL.04/26/2022ROYAL WAY TOWNHOMESSCHEMATIC DESIGNGILROY CA 95020A3.5aELEVATIONS -E9967RESIDENTIAL DEVELOPMENTROYAL WAY1/8" = 1'-0"1OVERALL ELEVATION E -WEST1/8" = 1'-0"2OVERALL ELEVATION E -NORTH1/8" = 1'-0"3OVERALL ELEVATION E -EAST1/8" = 1'-0"4OVERALL ELEVATION E -SOUTHKeynote LegendKeyValueKeynote Text62 DECORATIVE TRELLIS STRUCTURE: ARCHITECTURAL GRADE WOODMEMBERS, REFER TO DETAILS. PRIME AND PAINT PER EXTERIOR FINISHSCHEDULE.EP1 2.5"/12" SLOPED WOODEN FRAMED BALCONY AWNING WITH CURRAGATEDMETAL PANEL ON TOPEP2 ASPHALT SHINGLE ROOFINGEP5 FIBER CEMENT BOARD AND BATTEN DESIGN -SHERWIN WILLIAMSSW6673 BANANA CREAMEP6 FIBER CEMENT PER STRUCTURAL AND ARCHITECTURAL DRAWINGS,SHERWIN WILLIAMS SW6226 "LANGUID BLUE"P5 STUCCO FINISH PER STRUCTURAL AND ARCHITECTURAL DRAWINGS,SHERWIN WILLIAMS SW9163 "TIN LIZZIE"P7 EXTERIOR WALL TO RECEIVE STUCCO FINISH PER STRUCTURAL ANDARCHITECTURAL DRAWINGS, SHERWIN WILLIAMS SW7064 "PASSIVE"9.3.bPacket Pg. 358Attachment: Architectural Plans (4030 : Royal Way Townhomes)
1ST FLOOR0' -0"2nd FLOOR10' -6"Roof Plan19' -0"EP4EP5EP2EP6step1' -0"EP11ST FLOOR0' -0"2nd FLOOR10' -6"Roof Plan19' -0"step1' -0"1ST FLOOR0' -0"2nd FLOOR10' -6"Roof Plan19' -0"EP5EP523' - 5"EP6P4step1' -0"A3.66A3.68A3.6386' - 0"45' - 0"BRM BEDROOMM BATHROOMLNDRSTUDYBTHRBTHRBTHRBRBRBRLNDRLNDRM BEDROOMM BEDROOMSTUDY3' X 8'BALCONYA3.65A3.66A3.68A3.638' X 8' PATIOTYP.KTLRDININGGARAGETRASH, STOTRASH, STOTRASH, STOGARAGEGARAGEKTLRKTLRDININGDININGPORCHENTRY, 63 SF20' - 2 1/2"20' - 3"BALCONYABOVEROOFABOVE20' - 2 1/2"11' - 7 1/2"2' - 3"2' - 3"8' - 2"7' - 5 1/2"PATIO PICKETTFENCE TYP.1ST FLOOR0' -0"2nd FLOOR10' -6"Roof Plan19' -0"26' - 0 1/2"EP4EP2EP5EP2step1' -0"122 E. ARRELLAGASANTA BARBARA805 962 2746CALIFORNIA 93101BlatterHochhauserARCHITECTUREAND PLANNINGSHEETPROJECT NO:THIS DRAWING IS COPYRIGHTEDMATERIAL UNDER THE SOLE OWNERSHIPOF HOCHHAUSER BLATTER ARCHITECTURE& PLANNING. ANY USE WITHOUTEXPRESSED WRITTEN CONSENT OFHOCHHAUSER BLATTER IS PROHIBITED.SHEET CONTENTSISSUANCE OR REVISIONDATE:PLANNING SUBMITTAL08/13/20212ND PLNG. SBMTL.01/06/20223RD PLNG. SBMTL.04/26/2022ROYAL WAY TOWNHOMESSCHEMATIC DESIGNGILROY CA 95020A3.6LAYOUT -F9967RESIDENTIAL DEVELOPMENTROYAL WAY1/8" = 1'-0"5OVERALL ELEVATION F -WEST1/8" = 1'-0"6OVERALL ELEVATION F -NORTH1/8" = 1'-0"8OVERALL ELEVATION F -SOUTHKeynote LegendKeyValueKeynote TextEP1 2.5"/12" SLOPED WOODEN FRAMED BALCONY AWNING WITH CURRAGATEDMETAL PANEL ON TOPEP2 ASPHALT SHINGLE ROOFINGEP4 STUCCO FINISH PER STRUCTURAL AND ARCHITECTURAL SHERWINWILLIAMS SW6177 SOFTENED GREENEP5 FIBER CEMENT BOARD AND BATTEN DESIGN -SHERWIN WILLIAMSSW6673 BANANA CREAMEP6 FIBER CEMENT PER STRUCTURAL AND ARCHITECTURAL DRAWINGS,SHERWIN WILLIAMS SW6226 "LANGUID BLUE"P4 STUCCO FINISH PER STRUCTURAL AND ARCHITECTURAL DRAWINGS,SW9128 GREEN ONYX1/8" = 1'-0"12ND FLOOR LAYOUT -TOWNHOME F1/8" = 1'-0"21ST FLOOR LAYOUT -TOWNHOME F1/8" = 1'-0"3OVERALL ELEVATION F -EASTROOF PLAN FFRONT PORCH -93 SFPATIO -72 SF2ND FLOOR BALCONIES -24 SFTOTAL -189 SF9.3.bPacket Pg. 359Attachment: Architectural Plans (4030 : Royal Way Townhomes)
UPDWDNDW1ST FLOOR0' -0"2nd FLOOR10' -6"Roof Plan19' -0"24' - 10"EP2EP4EP5step1' -0"1ST FLOOR0' -0"2nd FLOOR10' -6"Roof Plan19' -0"EP2EP4EP5step1' -0"1ST FLOOR0' -0"2nd FLOOR10' -6"Roof Plan19' -0"EP5P4step1' -0"1ST FLOOR0' -0"2nd FLOOR10' -6"Roof Plan19' -0"step1' -0"EP4EP2EP5P7111PCOURTYARDCOURTYARDA3.71A3.72A3.73A3.74TWO CARGARAGEKTLIVINGDININGTWO CARGARAGEKTLIVINGDINING20' - 5 1/2"11' - 10 1/2"11' - 10 1/2"20' - 7"10' - 8"10' - 10"7' - 0"12' - 8 1/2"6' - 0"12' x 6' FRONTPORCH 72 SF8' X 8' PATIO TYP.16' x 6' FRONTPORCH 96 SFTRASH, STOTRASH, STO20' - 9"BALCONYABOVEBALCONYABOVEBALCONYABOVEA4.41SimTYP.19' - 8"TYP, GARAGEJAMB8"X8" ENTRY POSTSPATIO PICKETTFENCE TYP.A3.71A3.72A3.11a4BRMBRBRMBRBRBR32' - 3 1/2"11' - 10 1/2"18' - 0"2' - 7"47' - 2"LOFTLOFT4' x 8' BALCONYTYP, 32 SF3' x 8' BALCONYTYP, 24 SF6' - 1 1/2"7' - 0"122 E. ARRELLAGASANTA BARBARA805 962 2746CALIFORNIA 93101BlatterHochhauserARCHITECTUREAND PLANNINGSHEETPROJECT NO:THIS DRAWING IS COPYRIGHTEDMATERIAL UNDER THE SOLE OWNERSHIPOF HOCHHAUSER BLATTER ARCHITECTURE& PLANNING. ANY USE WITHOUTEXPRESSED WRITTEN CONSENT OFHOCHHAUSER BLATTER IS PROHIBITED.SHEET CONTENTSISSUANCE OR REVISIONDATE:PLANNING SUBMITTAL08/13/20212ND PLNG. SBMTL.01/06/20223RD PLNG. SBMTL.04/26/2022ROYAL WAY TOWNHOMESSCHEMATIC DESIGNGILROY CA 95020A3.7TOWNHOME G -LAYOUTS9967RESIDENTIAL DEVELOPMENTROYAL WAY1/8" = 1'-0"1TOWNHOME G ELEVATION -SOUTH1/8" = 1'-0"2TOWNHOME G ELEVATION -WEST1/8" = 1'-0"3TOWNHOME G ELEVATION -NORTH1/8" = 1'-0"4TOWNHOME G ELEVATION -EAST1/8" = 1'-0"51ST FLOOR LAYOUT -TOWNHOME G1/8" = 1'-0"62ND FLOOR LAYOUT -TOWNHOME GKeynote LegendKeyValueKeynote Text111P 8"X 8" ENTRY POST WITH STUCCO FINISH, COLOR TO MATCH. OVERWOODEN 2 X FRAMEEP2 ASPHALT SHINGLE ROOFINGEP4 STUCCO FINISH PER STRUCTURAL AND ARCHITECTURAL SHERWINWILLIAMS SW6177 SOFTENED GREENEP5 FIBER CEMENT BOARD AND BATTEN DESIGN -SHERWIN WILLIAMSSW6673 BANANA CREAMP4 STUCCO FINISH PER STRUCTURAL AND ARCHITECTURAL DRAWINGS,SW9128 GREEN ONYXP7 EXTERIOR WALL TO RECEIVE STUCCO FINISH PER STRUCTURAL ANDARCHITECTURAL DRAWINGS, SHERWIN WILLIAMS SW7064 "PASSIVE"FRONT PORCH -168 SFPATIO -128 SF2ND FLOOR BALCONIES -112 SFTOTAL -408 SFROOF PLAN GROOFABOVE9.3.bPacket Pg. 360Attachment: Architectural Plans (4030 : Royal Way Townhomes)
1ST FLOOR0' -0"2nd FLOOR10' -6"Roof Plan19' -0"EP2EP4EP1step1' -0"621ST FLOOR0' -0"2nd FLOOR10' -6"Roof Plan19' -0"EP2EP5EP5P2P5step1' -0"4' - 1 1/2"3' - 2"1ST FLOOR0' -0"2nd FLOOR10' -6"Roof Plan19' -0"EP2EP5EP5EP46224' - 10"P5step1' -0"EP1111P1ST FLOOR0' -0"2nd FLOOR10' -6"Roof Plan19' -0"EP2EP5P2step1' -0"A3.82A3.81A3.83A3.8421' - 6"7' - 0"12' - 8"6' - 0"11' - 7"7' - 0"14' - 7 1/2"M.BATHROOMBRMBRBRMBRM.BATHROOMBRBR65' - 0"47' - 2"LOFTLOFT4' x 8' BALCONYTYP, 32 SF3' x 8' BALCONYTYP, 24 SFLNDRLNDRCOURTYARDCOURTYARD32' - 6"32' - 6"TWO CARGARAGETWO CARGARAGEDININGKTLRDININGKTLR21' - 0 1/2"19' - 8"6' - 0"47' - 2"2' - 7"18' - 0"11' - 11"11' - 11"17' - 11 1/2"2' - 7 1/2"32' - 6"32' - 6"8' X 8' PATIOTYP. 64SF12' X 7'ENTRYPORCH84SFTRASHSTO20' - 9"20' - 8"TRASHSTOBALCONY ABOVE12' X 7' ENTRYPORCH 84SFprivacyseparation122 E. ARRELLAGASANTA BARBARA805 962 2746CALIFORNIA 93101BlatterHochhauserARCHITECTUREAND PLANNINGSHEETPROJECT NO:THIS DRAWING IS COPYRIGHTEDMATERIAL UNDER THE SOLE OWNERSHIPOF HOCHHAUSER BLATTER ARCHITECTURE& PLANNING. ANY USE WITHOUTEXPRESSED WRITTEN CONSENT OFHOCHHAUSER BLATTER IS PROHIBITED.SHEET CONTENTSISSUANCE OR REVISIONDATE:PLANNING SUBMITTAL08/13/20212ND PLNG. SBMTL.01/06/20223RD PLNG. SBMTL.04/26/2022ROYAL WAY TOWNHOMESSCHEMATIC DESIGNGILROY CA 95020A3.8TOWNHOME H -LAYOUTS9967RESIDENTIAL DEVELOPMENTROYAL WAY1/8" = 1'-0"1TOWNHOME H ELEVATION -SOUTH1/8" = 1'-0"2TOWNHOME H ELEVATION -WEST1/8" = 1'-0"3TOWNHOME H ELEVATION -NORTH1/8" = 1'-0"4TOWNHOME H ELEVATION -EAST1/8" = 1'-0"62nd FLOOR LAYOUT -TOWNHOME H1/8" = 1'-0"51ST FLOOR LAYOUT -TOWNHOME HKeynote LegendKeyValueKeynote Text62 DECORATIVE TRELLIS STRUCTURE: ARCHITECTURAL GRADE WOODMEMBERS, REFER TO DETAILS. PRIME AND PAINT PER EXTERIOR FINISHSCHEDULE.111P 8"X 8" ENTRY POST WITH STUCCO FINISH, COLOR TO MATCH. OVERWOODEN 2 X FRAMEEP1 2.5"/12" SLOPED WOODEN FRAMED BALCONY AWNING WITH CURRAGATEDMETAL PANEL ON TOPEP2 ASPHALT SHINGLE ROOFINGEP4 STUCCO FINISH PER STRUCTURAL AND ARCHITECTURAL SHERWINWILLIAMS SW6177 SOFTENED GREENEP5 FIBER CEMENT BOARD AND BATTEN DESIGN -SHERWIN WILLIAMSSW6673 BANANA CREAMP2 FIBER CEMENT PER STRUCTURAL AND ARCHITECTURAL DRAWINGS,SHERWIN WILLIAMS SW7065 "ARGOS"P5 STUCCO FINISH PER STRUCTURAL AND ARCHITECTURAL DRAWINGS,SHERWIN WILLIAMS SW9163 "TIN LIZZIE"FRONT PORCH -168 SFPATIO -128 SF2ND FLOOR BALCONIES -112 SFTOTAL -408 SFROOF PLAN H9.3.bPacket Pg. 361Attachment: Architectural Plans (4030 : Royal Way Townhomes)
DNDNDNUPUPUP6891011step1' -0"EP5P7EP460EP11ST FLOOR0' -0"2nd FLOOR10' -6"Roof Plan19' -0"GHIJKLMEP5EP41ST FLOOR0' -0"2nd FLOOR10' -6"Roof Plan19' -0"689EP4EP5step1' -0"EP14' - 1 1/2"3' - 1 1/2"1ST FLOOR0' -0"2nd FLOOR10' -6"Roof Plan19' -0"GHIJKLMEP4EP5step1' -0"6891011GHIJKLMA3.9A3.92A3.931BRMBRBRMBTHRMBTHRBRMBR32' - 3 1/2"33' - 11"32' - 3"6' - 11 1/2"21' - 6"2' - 0"2' - 0"BTHRBRBRC12' - 0"0' - 4"1' - 8 1/2"4' - 2"0' - 4"18' - 0"-4' x 8' BALCONYTYP3' x 8' BALCONYTYP6' x 8' BALCONY48 SF014101' - 9"3' - 10"6891011GIJKLMLRKTGARAGEDININGDININGGARAGECOURTYARDCOURTYARD32' - 3 1/2"33' - 11"KT8' - 3 1/2"9' - 0"6' x 12' ENTRYPORCH 72 SF7' x 5' FRONTSTOOP8' X 8' PATIOTYP.14' - 4 1/2"7' - 0"1' - 9"18' - 0"1' - 9 1/2"STO AND TRASHSTO AND TRASHBALCONYABOVE1' - 0"20' - 8"20' - 8"1' - 6"18' - 0"16' - 7"2' - 1"6" TYP.10' FROM PROP. LN122 E. ARRELLAGASANTA BARBARA805 962 2746CALIFORNIA 93101BlatterHochhauserARCHITECTUREAND PLANNINGSHEETPROJECT NO:THIS DRAWING IS COPYRIGHTEDMATERIAL UNDER THE SOLE OWNERSHIPOF HOCHHAUSER BLATTER ARCHITECTURE& PLANNING. ANY USE WITHOUTEXPRESSED WRITTEN CONSENT OFHOCHHAUSER BLATTER IS PROHIBITED.SHEET CONTENTSISSUANCE OR REVISIONDATE:PLANNING SUBMITTAL08/13/20212ND PLNG. SBMTL.01/06/20223RD PLNG. SBMTL.04/26/2022ROYAL WAY TOWNHOMESSCHEMATIC DESIGNGILROY CA 95020A3.9TOWNHOME K -LAYOUTS9967RESIDENTIAL DEVELOPMENTROYAL WAY1/8" = 1'-0"1TOWNHOME K ELEVATION -NORTH1/8" = 1'-0"2TOWNHOME K ELEVATION -WEST1/8" = 1'-0"3TOWNHOME K ELEVATION -SOUTH1/8" = 1'-0"4TOWNHOME K ELEVATION -EAST1/8" = 1'-0"52nd FLOOR LAYOUT - TOWNHOME K1/8" = 1'-0"61ST FLOOR LAYOUT - TOWNHOME KKeynote LegendKeyValueKeynote Text60 DECORATIVE IRON GRILL FOR THE PLANTS AND VINESEP1 2.5"/12" SLOPED WOODEN FRAMED BALCONY AWNING WITH CURRAGATEDMETAL PANEL ON TOPEP4 STUCCO FINISH PER STRUCTURAL AND ARCHITECTURAL SHERWINWILLIAMS SW6177 SOFTENED GREENEP5 FIBER CEMENT BOARD AND BATTEN DESIGN -SHERWIN WILLIAMSSW6673 BANANA CREAMP7 EXTERIOR WALL TO RECEIVE STUCCO FINISH PER STRUCTURAL ANDARCHITECTURAL DRAWINGS, SHERWIN WILLIAMS SW7064 "PASSIVE"FRONT PORCH -107 SFPATIO -128 SF2ND FLOOR BALCONIES -104 SFTOTAL -339 SFROOF PLAN K9.3.bPacket Pg. 362Attachment: Architectural Plans (4030 : Royal Way Townhomes)
20' - 5 1/2"8'X8' PATIOSTYP.KTDININGLRGARAGEGARAGEGARAGEGARAGEGARAGEKTDININGLRKTDININGLRKTDININGLRKTDININGLRKTDININGLRGARAGE26' - 0"26' - 0"29' - 0"26' - 4 1/2"26' - 0"26' - 0"ENTRYTYP.8'X8' PATIO8'X12' PATIO5.5'X6'ENTRIES51 SFENTRY19' - 9 1/2"ROOF LINEABOVEBALCONYABOVEBALCONYABOVETRASHSTOTRASHTRASHTRASHTRASHENTRYTYP.ENTRYPORCH5.5'X6'ENTRIES12' - 0"4' - 0"STORAGE ABOVETYP.17' - 2"20' - 2 1/2"20' - 3 1/2"6" TYP.PRIVACYSCREEN, TYPA4.41SimA3.10a1A3.10a3A3.10a2A3.10a4160' - 4 1/2"46' - 0"4' X 8' BALCONIESM BEDROOMM BTHRCLOSETBTHRSTUDYBRLNDRM BEDROOMM BTHRCLOSETSTUDYBRLNDRM BEDROOMM BTHRCLOSETSTUDYBRLNDRM BEDROOMM BTHRCLOSETSTUDYBRLNDRM BEDROOMM BTHRCLOSETSTUDYBRLNDRM BEDROOMSTUDYM BTHRCLOSETBRBTHRBTHRBTHRBTHRBTHR014103' X 8' BALCONIES4' X 8' BALCONIES122 E. ARRELLAGASANTA BARBARA805 962 2746CALIFORNIA 93101BlatterHochhauserARCHITECTUREAND PLANNINGSHEETPROJECT NO:THIS DRAWING IS COPYRIGHTEDMATERIAL UNDER THE SOLE OWNERSHIPOF HOCHHAUSER BLATTER ARCHITECTURE& PLANNING. ANY USE WITHOUTEXPRESSED WRITTEN CONSENT OFHOCHHAUSER BLATTER IS PROHIBITED.SHEET CONTENTSISSUANCE OR REVISIONDATE:PLANNING SUBMITTAL08/13/20212ND PLNG. SBMTL.01/06/20223RD PLNG. SBMTL.04/26/2022ROYAL WAY TOWNHOMESSCHEMATIC DESIGNGILROY CA 95020A3.10BUILDING L LAYOUTS9967RESIDENTIAL DEVELOPMENTROYAL WAY1/8" = 1'-0"11ST FLOOR LAYOUT - TOWNHOME L1/8" = 1'-0"22nd FLOOR LAYOUT - TOWNHOME LFRONT PORCH -216SFPATIO -416 SF2ND FLOOR BALCONIES -248 SFTOTAL -880 SFROOF PLAN L9.3.bPacket Pg. 363Attachment: Architectural Plans (4030 : Royal Way Townhomes)
1ST FLOOR0' -0"2nd FLOOR10' -6"Roof Plan19' -0"EP262EP2EP1P7EP2step1' -0"371ST FLOOR0' -0"2nd FLOOR10' -6"Roof Plan19' -0"EP2P7step1' -0"1ST FLOOR0' -0"2nd FLOOR10' -6"Roof Plan19' -0"EP2EP5P7EP26226' - 0 1/2"P5step1' -0"1ST FLOOR0' -0"2nd FLOOR10' -6"Roof Plan19' -0"step1' -0"122 E. ARRELLAGASANTA BARBARA805 962 2746CALIFORNIA 93101BlatterHochhauserARCHITECTUREAND PLANNINGSHEETPROJECT NO:THIS DRAWING IS COPYRIGHTEDMATERIAL UNDER THE SOLE OWNERSHIPOF HOCHHAUSER BLATTER ARCHITECTURE& PLANNING. ANY USE WITHOUTEXPRESSED WRITTEN CONSENT OFHOCHHAUSER BLATTER IS PROHIBITED.SHEET CONTENTSISSUANCE OR REVISIONDATE:PLANNING SUBMITTAL08/13/20212ND PLNG. SBMTL.01/06/20223RD PLNG. SBMTL.04/26/2022ROYAL WAY TOWNHOMESSCHEMATIC DESIGNGILROY CA 95020A3.10aELEVATIONS -L9967RESIDENTIAL DEVELOPMENTROYAL WAY1/8" = 1'-0"1OVERALL ELEVATION L -SOUTH1/8" = 1'-0"3OVERALL ELEVATION L -NORTH1/8" = 1'-0"2OVERALL ELEVATION L -WEST1/8" = 1'-0"4OVERALL ELEVATION L -EASTKeynote LegendKeyValueKeynote Text37 PORCH COLUMN, PAINTED STUCCO FINISH OVER WOOD FRAMING62 DECORATIVE TRELLIS STRUCTURE: ARCHITECTURAL GRADE WOODMEMBERS, REFER TO DETAILS. PRIME AND PAINT PER EXTERIOR FINISHSCHEDULE.EP1 2.5"/12" SLOPED WOODEN FRAMED BALCONY AWNING WITH CURRAGATEDMETAL PANEL ON TOPEP2 ASPHALT SHINGLE ROOFINGEP5 FIBER CEMENT BOARD AND BATTEN DESIGN -SHERWIN WILLIAMSSW6673 BANANA CREAMP5 STUCCO FINISH PER STRUCTURAL AND ARCHITECTURAL DRAWINGS,SHERWIN WILLIAMS SW9163 "TIN LIZZIE"P7 EXTERIOR WALL TO RECEIVE STUCCO FINISH PER STRUCTURAL ANDARCHITECTURAL DRAWINGS, SHERWIN WILLIAMS SW7064 "PASSIVE"9.3.bPacket Pg. 364Attachment: Architectural Plans (4030 : Royal Way Townhomes)
A3.11a2A3.11a18' x 8'PATIOBIKERACKBIKERACKTRASH, STOTRASH, STOTRASH, STOGARAGELRKTDININGLRKTDININGLRKTDININGGARAGEGARAGE20' - 2 1/2"20' - 2"50 SF ENTRYPORCH50 SF ENTRYPORCH37 SF ENTRY45' - 0"20' - 5 1/2"5' - 10"5' - 9 1/2"19' - 9 1/2"9' - 0"1' - 0"1' - 3"FIRE HYDRANTPER SITETRASHPADTRASHPADBALCONYABOVEBALCONYABOVE8' x 8'PATIO8' x 8'PATIOBALCONYABOVE26' - 0 1/2"26' - 2 1/2"22' - 1"ROOFABOVE5' - 0"4' - 9"15' - 8"6' - 8 1/2"6" TYP.A3.11a4A3.11a14' x 8' BALCONYTYP. 32 SF3' x 8' BALCONYTYP. 24 SFM BEDROOMM BATHBRBRBATHLNDRM BEDROOMM BEDROOMLNDRLNDRM BATHM BATHBATHBATHBRBRCLOSETCLOSETCLOSET26' - 2 1/2"25' - 11"3' - 0"26' - 9 1/2"45' - 11 1/2"83' - 3"70' - 4"EQEQ122 E. ARRELLAGASANTA BARBARA805 962 2746CALIFORNIA 93101BlatterHochhauserARCHITECTUREAND PLANNINGSHEETPROJECT NO:THIS DRAWING IS COPYRIGHTEDMATERIAL UNDER THE SOLE OWNERSHIPOF HOCHHAUSER BLATTER ARCHITECTURE& PLANNING. ANY USE WITHOUTEXPRESSED WRITTEN CONSENT OFHOCHHAUSER BLATTER IS PROHIBITED.SHEET CONTENTSISSUANCE OR REVISIONDATE:PLANNING SUBMITTAL08/13/20212ND PLNG. SBMTL.01/06/20223RD PLNG. SBMTL.04/26/2022ROYAL WAY TOWNHOMESSCHEMATIC DESIGNGILROY CA 95020A3.11BUILDING M LAYOUTS9967RESIDENTIAL DEVELOPMENTROYAL WAY1/8" = 1'-0"11ST FLOOR LAYOUT -TOWNHOME M1/8" = 1'-0"22ND FLOOR LAYOUT -TOWNHOME MFRONT PORCH -137 SFPATIO -192 SF2ND FLOOR BALCONIES -112 SFTOTAL -441 SFROOF PLAN M9.3.bPacket Pg. 365Attachment: Architectural Plans (4030 : Royal Way Townhomes)
1ST FLOOR0' -0"2nd FLOOR10' -6"Roof Plan19' -0"EP2EP4EP2EP5EP462step1' -0"1ST FLOOR0' -0"2nd FLOOR10' -6"Roof Plan19' -0"EP2EP4EP1EP5EP1step1' -0"3' - 0"1ST FLOOR0' -0"2nd FLOOR10' -6"Roof Plan19' -0"EP4EP2EP5EP4step1' -0"1114' - 0"3' - 0"1' - 8"1ST FLOOR0' -0"2nd FLOOR10' -6"Roof Plan19' -0"EP2EP4122 E. ARRELLAGASANTA BARBARA805 962 2746CALIFORNIA 93101BlatterHochhauserARCHITECTUREAND PLANNINGSHEETPROJECT NO:THIS DRAWING IS COPYRIGHTEDMATERIAL UNDER THE SOLE OWNERSHIPOF HOCHHAUSER BLATTER ARCHITECTURE& PLANNING. ANY USE WITHOUTEXPRESSED WRITTEN CONSENT OFHOCHHAUSER BLATTER IS PROHIBITED.SHEET CONTENTSISSUANCE OR REVISIONDATE:PLANNING SUBMITTAL08/13/20212ND PLNG. SBMTL.01/06/20223RD PLNG. SBMTL.04/26/2022ROYAL WAY TOWNHOMESSCHEMATIC DESIGNGILROY CA 95020A3.11aELEVATIONS - M9967RESIDENTIAL DEVELOPMENTROYAL WAY1/8" = 1'-0"3OVERALL ELEVATION M -EAST1/8" = 1'-0"4OVERALL ELEVATION M -NORTH1/8" = 1'-0"2OVERALL ELEVATION M -SOUTH1/8" = 1'-0"1OVERALL ELEVATION M -WESTKeynote LegendKeyValueKeynote Text62 DECORATIVE TRELLIS STRUCTURE: ARCHITECTURAL GRADE WOODMEMBERS, REFER TO DETAILS. PRIME AND PAINT PER EXTERIOR FINISHSCHEDULE.111 BIKE RACK, SEE 2/A4.5EP1 2.5"/12" SLOPED WOODEN FRAMED BALCONY AWNING WITH CURRAGATEDMETAL PANEL ON TOPEP2 ASPHALT SHINGLE ROOFINGEP4 STUCCO FINISH PER STRUCTURAL AND ARCHITECTURAL SHERWINWILLIAMS SW6177 SOFTENED GREENEP5 FIBER CEMENT BOARD AND BATTEN DESIGN -SHERWIN WILLIAMSSW6673 BANANA CREAM9.3.bPacket Pg. 366Attachment: Architectural Plans (4030 : Royal Way Townhomes)
1' - 4"1' - 4"17' - 0"17' - 0"15' - 3"15' - 3"CONCRETEBENCHGAZEBO DEDICATED AREA154 SF1ST FLOOR0' -0"ROOF SYSTEMASPHALT SHINGLEDECORATIVEWOODEN BEAMTWO TONECOLUMNSTUCCO FINISH15' - 3"9' - 6"14' - 0"122 E. ARRELLAGASANTA BARBARA805 962 2746CALIFORNIA 93101BlatterHochhauserARCHITECTUREAND PLANNINGSHEETPROJECT NO:THIS DRAWING IS COPYRIGHTEDMATERIAL UNDER THE SOLE OWNERSHIPOF HOCHHAUSER BLATTER ARCHITECTURE& PLANNING. ANY USE WITHOUTEXPRESSED WRITTEN CONSENT OFHOCHHAUSER BLATTER IS PROHIBITED.SHEET CONTENTSISSUANCE OR REVISIONDATE:PLANNING SUBMITTAL08/13/20212ND PLNG. SBMTL.01/06/20223RD PLNG. SBMTL.04/26/2022ROYAL WAY TOWNHOMESSCHEMATIC DESIGNGILROY CA 95020A4.0SITE GAZEBO9967RESIDENTIAL DEVELOPMENTROYAL WAY1/4" = 1'-0"1GAZEBO1/4" = 1'-0"2GAZEBO ELEVATION3GAZEBO 3D VIEWINTEGRALCOLOR CONCRETETWO TONECOLUMNSTUCCO FINISH9.3.bPacket Pg. 367Attachment: Architectural Plans (4030 : Royal Way Townhomes)
1ST FLOOR0' -0"2nd FLOOR10' -6"Roof Plan19' -0"PROPERTYLINETWO STORYTOWNHOUSE6' HIGH OPEN WROUGHT IRON FENCESEE 4/A4.5ROYAL WAYMAX. ALLOWED HEIGHT45' - 0"step1' -0"PRIVATE YARD/COURTYARDFENCING, PICKETT3'-6" HIGHSEE 3/A4.51ST FLOOR0' -0"PROPERTYLINE(E) HIGH SCHOOLTENNIS COURTSROYAL WAYHIGH SCHOOL PROPERTYSIDEWALKTYP. 5' WIDEVERTICALWROUGHT IRONPROPERTY LINE FENCESEE 4/A4.5TWO STORYTOWNHOUSEMAX. ALLOWED HEIGHT45' - 0"step1' -0"PROPERTYPATIO PICKETTFENCING SEE 3/A4.521' - 3 3/8"122 E. ARRELLAGASANTA BARBARA805 962 2746CALIFORNIA 93101BlatterHochhauserARCHITECTUREAND PLANNINGSHEETPROJECT NO:THIS DRAWING IS COPYRIGHTEDMATERIAL UNDER THE SOLE OWNERSHIPOF HOCHHAUSER BLATTER ARCHITECTURE& PLANNING. ANY USE WITHOUTEXPRESSED WRITTEN CONSENT OFHOCHHAUSER BLATTER IS PROHIBITED.SHEET CONTENTSISSUANCE OR REVISIONDATE:PLANNING SUBMITTAL08/13/20212ND PLNG. SBMTL.01/06/20223RD PLNG. SBMTL.04/26/2022ROYAL WAY TOWNHOMESSCHEMATIC DESIGNGILROY CA 95020A4.1SECTIONS9967RESIDENTIAL DEVELOPMENTROYAL WAY1/8" = 1'-0"1SOUTH SECTION1/8" = 1'-0"2WEST SECTION9.3.bPacket Pg. 368Attachment: Architectural Plans (4030 : Royal Way Townhomes)
1ST FLOOR0' -0"2nd FLOOR10' -6"Roof Plan19' -0"PROPERTYLINE THEN ADJ. OPEN CARPORT~10'-0" HIGHER(E) 2 STORYRESIDENTIALBUILDING~ 53'26' - 0"122 E. ARRELLAGASANTA BARBARA805 962 2746CALIFORNIA 93101BlatterHochhauserARCHITECTUREAND PLANNINGSHEETPROJECT NO:THIS DRAWING IS COPYRIGHTEDMATERIAL UNDER THE SOLE OWNERSHIPOF HOCHHAUSER BLATTER ARCHITECTURE& PLANNING. ANY USE WITHOUTEXPRESSED WRITTEN CONSENT OFHOCHHAUSER BLATTER IS PROHIBITED.SHEET CONTENTSISSUANCE OR REVISIONDATE:PLANNING SUBMITTAL08/13/20212ND PLNG. SBMTL.01/06/20223RD PLNG. SBMTL.04/26/2022ROYAL WAY TOWNHOMESSCHEMATIC DESIGNGILROY CA 95020A4.2SECTIONS9967RESIDENTIAL DEVELOPMENTROYAL WAYROYAL WAY' APARTMENTS TO ADJACENT STRUCTURE HEIGHT RELATION9.3.bPacket Pg. 369Attachment: Architectural Plans (4030 : Royal Way Townhomes)
INTERIOREXTERIORPLYWOOD WHERE REQUIRED BY STRUCTURAL.NON-SHEAR WALLS THAT ARE CONTINUOUS WITHWALLS DESCRIBED ON THE STRUCTURALDRAWINGS TO REQUIRE SHEATHING SHALL ALSOBE PROVIDED WITH A LAYER OF SHEATHING TOENSURE AN UNINTERRUPTED FINISH.EXTERIOR WALL ASSEMBLY PER PLANSELF ADHERING/ SEALING MEMBRANE FLASHINGWINDOW UNIT PER WINDOW SCHEDULE SHEET,SET FIN IN SEALANT7/8" "3 COATS PORTLANDCEMENT PLASTER O/ METALLATH/O/2 LAYERS OF GRADE D,60 MIN. BUILDING PAPER "WOOD FRAMING PER STRUCTURALSHIM AS REQUIREDWOOD EXTERIORTRIMINTERIOREXTERIORPLYWOOD WHERE REQUIRED BY STRUCTURAL.NON-SHEAR WALLS THAT ARE CONTINUOUS WITHWALLS DESCRIBED ON THE STRUCTURALDRAWINGS TO REQUIRE SHEATHING SHALL ALSOBE PROVIDED WITH A LAYER OF SHEATHING TOENSURE AN UNINTERRUPTED FINISH.EXTERIOR WALL ASSEMBLY PER PLAN0' - 6"BOARDWOOD FRAMING PER STRUCTURAL2x AS REQUIREDWOOD EXTERIORTRIMBATTEN OVERLAP 1/2" MINAT BOARD AND BATTENAT STUCCO FINISHWINDOW UNITSET FIN IN SEALANT0' - 5"2nd FLOOR10' -6"WOODEN SUPPORTBRACKETMETAL GUARD RAILINING SYSTEM2.5"/12" SLOPED WOODEN FRAMEDBALCONY AWNINGWITH CURRAGATED METAL PANEL ON TOPA4.44SimA4.43SimGARAGE DOOR TRACK5/8" GYP. BOARDDOUBLE 2 X 8 PRESSURE TREATED DOUGLAS FIR DOOR TRIMMERS7/8" "3 COATS PORTLAND CEMENT PLASTER O/ METAL LATH/O/2 LAYERS OF GRADE D, 60 MIN. BUILDING PAPER "PLYWOOD WHERE REQUIRED BY STRUCTURAL. NON-SHEAR WALLS THAT ARE CONTINUOUS WITH WALLS DESCRIBED ON THE STRUCTURAL DRAWINGS TO REQUIRE SHEATHING SHALL ALSO BE PROVIDED WITH A LAYER OF SHEATHING TO ENSURE AN UNINTERRUPTED FINISH.STRUCTURAL TIE OR HOLDOWN PER STRUCTURAL PLANSTHRESHOLD TRANSITION / RECESSGARAGESTUCCO STOPWOOD APPEARANCE METAL GARAGE DOOR PER ELEVATION / SCHEDULE0' - 8"0' - 5 1/2"2 x 4WOOD T&G SIDINGCORRUGATED METAL ROOFINGWATERPROOF MEMBRANEGALV. METAL FASCIA5" HALFROUND METAL GUTTERW/ SCREEN5/8" PLYFLASHING RECIEVINGPLASTER GROUNDCOUNTER FLASHINGCORRUGATED METAL ROOFING1/2" PLYWOODINTERIOREXTERIORPLYWOOD WHERE REQUIRED BY STRUCTURAL.NON-SHEAR WALLS THAT ARE CONTINUOUS WITHWALLS DESCRIBED ON THE STRUCTURALDRAWINGS TO REQUIRE SHEATHING SHALL ALSOBE PROVIDED WITH A LAYER OF SHEATHING TOENSURE AN UNINTERRUPTED FINISH.EXTERIOR WALL ASSEMBLY PER PLANSELF ADHERING/ SEALING MEMBRANE FLASHING7/8" "3 COATS PORTLANDCEMENT PLASTER O/ METALLATH/O/2 LAYERS OF GRADE D,60 MIN. BUILDING PAPER "WOOD FRAMING PER STRUCTURALSHIM AS REQUIRED2X FRAMINGINTERIOREXTERIORPLYWOOD WHERE REQUIRED BY STRUCTURAL.NON-SHEAR WALLS THAT ARE CONTINUOUS WITHWALLS DESCRIBED ON THE STRUCTURALDRAWINGS TO REQUIRE SHEATHING SHALL ALSOBE PROVIDED WITH A LAYER OF SHEATHING TOENSURE AN UNINTERRUPTED FINISH.EXTERIOR WALL ASSEMBLY PER PLANBOARDWOOD FRAMING PER STRUCTURALSHIM AS REQUIREDBATTEN OVERLAP 1/2" MINAT BOARD AND BATTENAT STUCCO FINISHDOOR UNITSET FIN IN SEALANTCONT. CAULK CONT. CAULK DRIP EDGE DRIP EDGE2X FRAMING122 E. ARRELLAGASANTA BARBARA805 962 2746CALIFORNIA 93101BlatterHochhauserARCHITECTUREAND PLANNINGSHEETPROJECT NO:THIS DRAWING IS COPYRIGHTEDMATERIAL UNDER THE SOLE OWNERSHIPOF HOCHHAUSER BLATTER ARCHITECTURE& PLANNING. ANY USE WITHOUTEXPRESSED WRITTEN CONSENT OFHOCHHAUSER BLATTER IS PROHIBITED.SHEET CONTENTSISSUANCE OR REVISIONDATE:PLANNING SUBMITTAL08/13/20212ND PLNG. SBMTL.01/06/20223RD PLNG. SBMTL.04/26/2022ROYAL WAY TOWNHOMESSCHEMATIC DESIGNGILROY CA 95020A4.4DETAILS9967RESIDENTIAL DEVELOPMENTROYAL WAY3" = 1'-0"2RECESSED WINDOW3/4" = 1'-0"5TYP. BALCONY3" = 1'-0"1RECESSED GARAGE3" = 1'-0"3BALCONY EVE DETAIL3" = 1'-0"4EVE CONNECTION3" = 1'-0"6RECESSED DOOR, TYP.9.3.bPacket Pg. 370Attachment: Architectural Plans (4030 : Royal Way Townhomes)
4' - 11"1' - 5"2' - 5"5' - 11"2' - 7 1/2"2' - 7 1/2"0' - 8"2' - 9 1/2"DUO-GARDInverted U Architectural RoundedFixed BR85F/SBR85Fsee specs.3' - 6"2"X 6" WOOD RAIL1.5" X 1.5" DIA GALVANIZEDPOST, SET INCONCRETE FOOTING2"X4" WOOD NAILERFASTENED TO STEEL POSTCONCRETE FOOTING SET ATEA POST (6' TO' ON CENTER)1" X 2", 1"X4", 1"X6"VERTICAL WOOD PICKETTS3' - 0"1.5" X 1" STEEL CAP RAIL5/8" SQ STEEL PICKET @4" O.C.1.5" X 1.5" STEEL POST@ 6'-0" O.C.12" X 36" CONCRETEFOOTING SET ATEA POST (6' TO' ON CENTER)1.5" W X 3/4"BOTTOM RAIL3' - 0"6' - 0"122 E. ARRELLAGASANTA BARBARA805 962 2746CALIFORNIA 93101BlatterHochhauserARCHITECTUREAND PLANNINGSHEETPROJECT NO:THIS DRAWING IS COPYRIGHTEDMATERIAL UNDER THE SOLE OWNERSHIPOF HOCHHAUSER BLATTER ARCHITECTURE& PLANNING. ANY USE WITHOUTEXPRESSED WRITTEN CONSENT OFHOCHHAUSER BLATTER IS PROHIBITED.SHEET CONTENTSISSUANCE OR REVISIONDATE:PLANNING SUBMITTAL08/13/20212ND PLNG. SBMTL.01/06/20223RD PLNG. SBMTL.04/26/2022ROYAL WAY TOWNHOMESSCHEMATIC DESIGNGILROY CA 95020A4.5DETAILS9967RESIDENTIAL DEVELOPMENTROYAL WAY1" = 1'-0"1PICNIC TABLE1" = 1'-0"2BIKE RACK3/4" = 1'-0"3TYP. UNIT YARD FENCE3/4" = 1'-0"4NONE SCALABLE FENCE PROPERTY9.3.bPacket Pg. 371Attachment: Architectural Plans (4030 : Royal Way Townhomes)
122 E. ARRELLAGASANTA BARBARA805 962 2746CALIFORNIA 93101BlatterHochhauserARCHITECTUREAND PLANNINGSHEETPROJECT NO:THIS DRAWING IS COPYRIGHTEDMATERIAL UNDER THE SOLE OWNERSHIPOF HOCHHAUSER BLATTER ARCHITECTURE& PLANNING. ANY USE WITHOUTEXPRESSED WRITTEN CONSENT OFHOCHHAUSER BLATTER IS PROHIBITED.SHEET CONTENTSISSUANCE OR REVISIONDATE:PLANNING SUBMITTAL08/13/20212ND PLNG. SBMTL.01/06/20223RD PLNG. SBMTL.04/26/2022ROYAL WAY TOWNHOMESSCHEMATIC DESIGNGILROY CA 95020A5.1ILLUSTRATIONS9967RESIDENTIAL DEVELOPMENTROYAL WAYOVERALL SOUTH EAST VIEWLOW-LEVEL VIEW (NORTH EAST9.3.bPacket Pg. 372Attachment: Architectural Plans (4030 : Royal Way Townhomes)
122 E. ARRELLAGASANTA BARBARA805 962 2746CALIFORNIA 93101BlatterHochhauserARCHITECTUREAND PLANNINGSHEETPROJECT NO:THIS DRAWING IS COPYRIGHTEDMATERIAL UNDER THE SOLE OWNERSHIPOF HOCHHAUSER BLATTER ARCHITECTURE& PLANNING. ANY USE WITHOUTEXPRESSED WRITTEN CONSENT OFHOCHHAUSER BLATTER IS PROHIBITED.SHEET CONTENTSISSUANCE OR REVISIONDATE:PLANNING SUBMITTAL08/13/20212ND PLNG. SBMTL.01/06/20223RD PLNG. SBMTL.04/26/2022ROYAL WAY TOWNHOMESSCHEMATIC DESIGNGILROY CA 95020A5.2ILLUSTRATIONS9967RESIDENTIAL DEVELOPMENTROYAL WAY9.3.bPacket Pg. 373Attachment: Architectural Plans (4030 : Royal Way Townhomes)
122 E. ARRELLAGASANTA BARBARA805 962 2746CALIFORNIA 93101BlatterHochhauserARCHITECTUREAND PLANNINGSHEETPROJECT NO:THIS DRAWING IS COPYRIGHTEDMATERIAL UNDER THE SOLE OWNERSHIPOF HOCHHAUSER BLATTER ARCHITECTURE& PLANNING. ANY USE WITHOUTEXPRESSED WRITTEN CONSENT OFHOCHHAUSER BLATTER IS PROHIBITED.SHEET CONTENTSISSUANCE OR REVISIONDATE:PLANNING SUBMITTAL08/13/20212ND PLNG. SBMTL.01/06/20223RD PLNG. SBMTL.04/26/2022ROYAL WAY TOWNHOMESSCHEMATIC DESIGNGILROY CA 95020A5.3OFF FRONT STREETILLUSTRATIONS9967RESIDENTIAL DEVELOPMENTROYAL WAY3D ENTRY VIEW -H3D ENTRY VIEW G3D ENTRY VIEW -K9.3.bPacket Pg. 374Attachment: Architectural Plans (4030 : Royal Way Townhomes)
122 E. ARRELLAGASANTA BARBARA805 962 2746CALIFORNIA 93101BlatterHochhauserARCHITECTUREAND PLANNINGSHEETPROJECT NO:THIS DRAWING IS COPYRIGHTEDMATERIAL UNDER THE SOLE OWNERSHIPOF HOCHHAUSER BLATTER ARCHITECTURE& PLANNING. ANY USE WITHOUTEXPRESSED WRITTEN CONSENT OFHOCHHAUSER BLATTER IS PROHIBITED.SHEET CONTENTSISSUANCE OR REVISIONDATE:PLANNING SUBMITTAL08/13/20212ND PLNG. SBMTL.01/06/20223RD PLNG. SBMTL.04/26/2022ROYAL WAY TOWNHOMESSCHEMATIC DESIGNGILROY CA 95020A5.4SITE IMAGES9967RESIDENTIAL DEVELOPMENTROYAL WAY12456789310131211141516171234567891011121314151617NORTH9.3.bPacket Pg. 375Attachment: Architectural Plans (4030 : Royal Way Townhomes)
ROYAL WAY TOWNHOMES, Gilroy CA- Material BoardEP1 -CURRAGATED METAL PANELROOFING, SLOPPED,ZINCALUME (BARE METAL)P5 -SHERWIN WILLIAMSSTUCCOSW9163 TIN LIZZIEEXTERIOR WALLS COLOR SCHEMEP8 -SHERWIN WILLIAMSSTUCCOSW7066 GRAY MATTERSP2 -SHERWIN WILLIAMSFIBER CEMENTSW7065 ARGOSP7 -SHERWIN WILLIAMSSTUCCOSW7064 PASSIVEEP6 -SHERWIN WILLIAMSFIBER CEMENTSW6226 LANGUID BLUEP4 -SHERWIN WILLIAMSSTUCCOSW9128 GREEN ONYXEP4 -SHERWIN WILLIAMSSTUCCOSW6177 SOFTENED GREENEP5 -SHERWIN WILLIAMSFIBER CEMENTSW6673 BANANA CREAMP9 -SHERWIN WILLIAMSSTUCCOSW6077 EVERYDAY WHITEP1-SHERWIN WILLIAMSSTUCCOSW7000 IBIS WHITEBASIS OF DESIGNBUILDING ELEMENTS COLORSEP2ROOF SHINGLES"TIMBERTEXENGLISH GREY"WINDOWS:Milgard: Montecito Line (Vinyl)brownDOORS:Milgard: Montecito Line (Vinyl)Brown9.3.bPacket Pg. 376Attachment: Architectural Plans (4030 : Royal Way Townhomes)
ROYAL WAY TOWNHOMES, Gilroy CA- Material BoardBASIS FOR DESIGNSMOOTH STUCCOEXAMPLE -GREENSMOOTH STUCCO EXAMPLE -GRAYEXTERIOR HORIZONTAL SHIP LAP SIDINGEXTERIOR BOARD AND BATTENSIDINGTYP. MILGARD WINDOW9.3.bPacket Pg. 377Attachment: Architectural Plans (4030 : Royal Way Townhomes)
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207.0 FS
207.8 TC
207.3 FS
207.8 TC
207.3 FS
208.2 TC
207.7 FS
207.5 TC
207.0 FS
207.4 TC
206.9 FS
207.3 TC
206.8 FS
205.8 TC
205.3 FS 206.3 TC
205.8 FS
206.3 TC
205.8 FS
204.4 TC
203.9 FS
204.9
FS
205.3 TC
204.8 FS
205.5 TC
205.0 FS
4.4%3.5%2.2%3.3%3.9%4.4%1.3%
2.0%
1.6%5.1%(210)
(212)
(214)
(216)
(218)
(2
0
4
)
(206)
(20
6
)
(
2
0
6
)
(2
0
8
)
(20
8
)
(2
1
0
)
(2
1
2
)
(2
1
4
)
(2
1
6
)
208
207
207
207
206
20
5
2
0
4
206
206
206
2072
0
5
16
16
16
16
1616
16
16
16
16
11
11 11
11
11
11
1111
12
12
12
12 12
12
12 12 12 12 12
12
12
12
12
12
12
12
12
12
12
12
12
12
12
12
12
12
12
12
12
12
12
12
12
121212121212
12
12
12
12 12
12
12
13
13
13
13
13
13
14
14 14
14
15
15
15
15
15
13
208.6 TC
208.1 FS
206.5 TC
206.0 FS
206.5 TC
206.0 FS
206.0 TC
205.5 FS
206.1 TC
205.6 FS
207.7 TC
207.2 FS
208.2 TC
207.7 FS
209.1 TC
208.6 FS
208.0 TC
207.5 FS
207.7 TC
207.2 FS
206.3 TC
205.8 FS
(20
6
)
(205.0)
FS
(204.8)
FS
(204.4)
FS (204.1)
FS
THREE
6" STEPS
THREE
6" STEPS
THREE
6" STEPS
THREE
6" STEPS
THREE
6" STEPS THREE
6" STEPS
207206.4
FS
204.8
TG
205.8
TG
205.8
TG
206.2
TG
206.2
TG
206.5
TG
207.5
TG
207.5
TG
207.5
TG
207.5
TG
206.6
TG
206.6
TG
206.6
TG
206.6
TG
206.1
TG 206.1
TG
206.1
TG
206.1
TG
206.1
TG
206.1
TG
206.1
TG
206.1
TG
205.8
TG
205.8
TG
205.5
TG
205.5
TG
205.5
TG
204.8
TG
204.8
TG
204.8
TG
205.6
TG
205.6
TG
205.3
TG
205.3
TG
205.0
TG
205.0
TG
205.5
TG
205.5
TG
205.5
TG
206.1
TG
206.1
TG
206.1
TG
206.1
TG
206.1
TG
(208.7)
EG
(208.4)
EG
(208.2)
EG
(208.2)
EG
(207.5)
EG
(209.2)
EG
(207.2)
EG
(206.9)
EG
(206.8)
EG
(206.8)
EG
(206.5)
EG
(206.0)
EG
(205.4)
EG
(210.3)
EG
(210.2)
EG
(210.0)
EG
(210.3)
EG
(209.8)
EG
(210.0)
EG
(208.2)
EG
(208.1)
EG
(207.7)
EG
(207.7)
EG
(210.7)
EG
205.0
TG
207.6
TG
206.1
TG
206.5
TG
203.7
TG
204.8
TG 204.6
TG
0.4%
0.5
%3.1%0.7%0.4%3.1%1.0%0.7%
(0.4%)OVERLANDESCAPEOVERL
A
N
D
ESCAPE
17
17
17
17
17
17
17
17
17
17
17
17
1717
17
EXIST FLOOD AND
DRAINAGE EASEMENT
EXIST WATER
PIPELINE EASEMENT
EXIST TEMPORARY
CONSTRUCTION EASEMENT
18
18D R I V E A I S L E(PRIVATE)D R I V E A I S L E(PRIVATE)D R I V E A I S L E(PRIVATE)D R I V E A I S L E(PRIVATE)12
12
12
12
12
12
12
12
12
12
12
1212
12
12
12
1212
D R I V E A I S L E
(PRIVATE)D R
I
V
E
A
I
S
L
E(PRIVATE)
19
207.7 TC
207.2 FS
207.8 TC
207.3 FS
207.9 TC
207.4 FS
206.5 TC
206.0 FS
206.0 TC
205.5 FS
12
17
17
13
13 PUE
PUE
PUE
PUE
17
17
1.5%1.5%1.5%1.5%
1.5%
1.5%
1.5%1.5%1.5%1.5%
1.5%
1.5%1.5%CDS JOB #:
SCALE:
20-088
1" = 20'
DATE:
PREPARED BY:MMM
REVIEWED BY:RDW
Z:\Shared\CDS Data\Active Jobs\20-088 Royal Way Apartments\_Project\1_Prelim Docs\20-088 Prelim Grading Plan.dwg, June 22, 2022A B C D E F G H I J K L M N O
A B C D E F G H I J K L M N O
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SHEET XX OF 6 SHEETSROYAL WAY TOWNHOMESPROJECT NAME:PLANS PREPARED FOR:PROJECT LOCATION:HOCHHAUSER BLATTER122 E ARRELLAGASANTA BARBARA, CA 93101ROYAL WAYGILROY, CA 95020APNS: 799-044-093 TO 098& 109CIVIL ENGINEERING PLANNING PERMITTINGCIVIL DESIGN STUDIOP.O. Box 199 | Cambria | Ca 93428805.706.0401 www.civil-studio.comPLAN PREPARED BY:PRELIMINARY PLANS
- NOT FOR
CONSTRUCTION
6/22/2022
C1.0
PRELIMINARY
GRADING PLAN
1
20 10 015
SCALE: 1" = 20'
20 40
SITE PLAN NOTES
11 PROPOSED ASPHALT PAVING
12 PROPOSED CONCRETE
13 PROPOSED CURB AND GUTTER
14 PROPOSED DRIVEWAY
15 PROPOSED V-GUTTER
16 PROPOSED BUILDING PER ARCHITECTURAL AND STRUCTURAL
PLANS
17 PROPOSED CURB RAMP
18 PROPOSED DECORATIVE PAVING PER ARCHITECTURAL PLANS
19 PROPOSED RETAINING WALL
AREA BREAKDOWN
EXISTING CONDITIONS
IMPERVIOUS AREA: 11,673 SQUARE FEET (0.27 ACRES)
PERVIOUS AREA: 135,034 SQUARE FEET (3.10 ACRES)
TOTAL PROJECT: 146,707 SQUARE FEET (3.37 ACRES)
PROPOSED PROJECT
IMPERVIOUS AREA: 108,180 SQUARE FEET (2.48 ACRES)
CONCRETE: 31,095 SQUARE FEET
ASPHALT: 23,085 SQUARE FEET
BUILDINGS: 54,000 SQUARE FEET
PERVIOUS/LANDSCAPE AREA: 38,527 SQUARE FEET (0.88 ACRES)
TOTAL PROJECT: 146,707 SQUARE FEET (3.37 ACRES)
IMPERVIOUS/PERVIOUS SURFACE AREA TABLE
SITE
ACREAGE
NUMBER
OF LOTS
TOTAL PROJECT AREA OF
DISTURBANCE (SQ FT)
EXISTING IMPERVIOUS
SURFACE AREA (SQ FT)
PROPOSED IMPERVIOUS
SURFACE AREA (SQ FT)
EXISTING/REPLACED IMPERVIOUS
SURFACE AREA (SQ FT)
ADJUSTED IMPERVIOUS
SURFACE AREA (SQ FT)
LIST OF PLANNED STORMWATER
CONTROL MEASURES
3.37 7 146,707 11,673 108,180 11,673 102,344 ONSITE UNDERGROUND RETENTION AND WATER
QUALITY TREATMENT PIPES
PROJECT INFORMATION
FLOOD ZONE: ZONE X
SITE AREA: 3.36 ACRES
DISTURBED AREA:3.43 ACRES
GRADING INFORMATION*
CUT QUANTITY: 3,300 CUBIC YARDS
FILL QUANTITY: 300 CUBIC YARDS
NET CUT/FILL: 3,000 CUBIC YARDS EXPORT
* EARTHWORK QUANTITIES ARE PROVIDED FOR PERMITTING
INFORMATION ONLY. THE QUANTITIES SHOWN ABOVE ARE NOT
INTENDED FOR USE BY THE CONTRACTOR WHEN ESTIMATING. IT IS
THE RESPONSIBILITY OF THE CONTRACTOR TO GENERATE AND/OR
VERIFY EARTHWORK QUANTITIES.
AC ASPHALTIC CONCRETE
BSW BACK OF SIDEWALK
BW BOTTOM OF WALL
C/L CENTERLINE
CB CATCH BASIN
CO CLEANOUT
CONC CONCRETE
DDC DOUBLE DETECTOR CHECK
DI DRAINAGE INLET
EG EXISTING GRADE
EP EDGE OF PAVEMENT
ESMT EASEMENT
FDC FIRE DEPARTMENT CONNECTION
FF FINISHED FLOOR ELEVATION
FG FINISHED GROUND ELEVATION
FH FIRE HYDRANT
FL FLOW LINE
FS FINISHED SURFACE ELEVATION
GB GRADE BREAK
HP HIGH POINT
IE SEWER INVERT ELEVATION
INV STORM DRAIN INVERT ELEVATION
IRR IRRIGATION
JP JOINT POLE
L/A LANDSCAPE AREA
MH MANHOLE
NAP NOT A PART
P/A PLANTER AREA
P/L PROPERTY LINE
PCC PORTLAND CEMENT CONCRETE
POC POINT OF CONNECTION (UTILITY)
PP POWER POLE
PUE PUBLIC UTILITY EASEMENT
R/W, ROW RIGHT OF WAY
SD STORM DRAIN
SS SANITARY SEWER
TB THRUST BLOCK
TC TOP OF CURB
TF TOP OF FOOTING
TG TOP OF GRATE
TW TOP OF WALL
WL WATERLINE
WM WATER METER
WV WATER VALVE
ABBREVIATIONS
PROPOSED ASPHALT PAVING
PROPOSED CONCRETE12
11
9.3.c
Packet Pg. 378 Attachment: Civil and Landscape Plans (4030 : Royal Way Townhomes)
A-A
204
206
208
210
212
214
204
206
208
210
212
214
B-B
198
200
202
204
206
208
210
198
200
202
204
206
208
210
C-C
200
202
204
206
208
210
212
200
202
204
206
208
210
212
D-D
204
206
208
210
212
214
216
218
220
204
206
208
210
212
214
216
218
220
EXISTING
GRADE
FINISHED
GRADE
EXISTING
GRADE
FINISHED
GRADE
EXISTING
GRADE
FINISHED
GRADE
EXISTING
GRADE
FINISHED
GRADE
E-E
202
204
206
208
210
212
202
204
206
208
210
212
BLDG H
EXISTING
SIDEWALK
R O Y A L W A Y
PUBLIC
C/L ROYAL WAY
ROW
30'
BLDG A
7'
S/W
PROPERTY LINE
±20'
±13.5'
BLDG F
PROPERTY LINE
±15.5'
BLDG C
PROPERTY LINE
±29'
5'
S/W EXISTING
GRADE
BLDG E
PROPERTY LINE
(E) HOUSE5'
S/W
±19'
FINISHED
GRADE
EXISTING
GRADE
5'
S/W
PUE
10'
19' DRIVEWAY 24' PRIVATE
DRIVE AISLE
5'
SW
19' DRIVEWAY
ROLLED CURB AND GUTTERROLLED CURB
PROP
BLDG PROP
BLDG
C/L ROYAL WAY
30'30'
11.5'18.5'
ROADWAY
18.5'
ROADWAY
11.5'
S/W S/W
ROWROW
PARK PARK
PUE
10'
PUE
60'
ROW
CDS JOB #:
SCALE:
20-088
1" = 20'
DATE:
PREPARED BY:MMM
REVIEWED BY:RDW
Z:\Shared\CDS Data\Active Jobs\20-088 Royal Way Apartments\_Project\1_Prelim Docs\20-088 Prelim Grading Plan.dwg, June 22, 2022A B C D E F G H I J K L M N O
A B C D E F G H I J K L M N O
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SHEET XX OF 6 SHEETSROYAL WAY TOWNHOMESPROJECT NAME:PLANS PREPARED FOR:PROJECT LOCATION:HOCHHAUSER BLATTER122 E ARRELLAGASANTA BARBARA, CA 93101ROYAL WAYGILROY, CA 95020APNS: 799-044-093 TO 098& 109CIVIL ENGINEERING PLANNING PERMITTINGCIVIL DESIGN STUDIOP.O. Box 199 | Cambria | Ca 93428805.706.0401 www.civil-studio.comPLAN PREPARED BY:PRELIMINARY PLANS
- NOT FOR
CONSTRUCTION
6/22/2022
C1.1
PRELIMINARY
SECTIONS
2
50 25 0
SCALE: 1" = 50'
50
D
D
CC
B
B
AA
E
E
TYPICAL DRIVE AISLE SECTION (PRIVATE)
SCALE: 1" = 10'
TYPICAL ROYAL WAY SECTION (PUBLIC)
SCALE:1" = 10'
SITE CROSS SECTIONS
SCALE:HORIZ - 1" = 10'
VERT - 1" = 5'
9.3.c
Packet Pg. 379 Attachment: Civil and Landscape Plans (4030 : Royal Way Townhomes)
SSSS
WMWMWMSSSSSSSSSSSSSSSSSSSSSSSSSSSSWMWMSSSSSS
SS WLWL WL WL WL WL WL WL WLSS
WMWL WLWLSS S
S
S
S WLWLWLUNIT
K102
UNIT
K101
UNIT
H102
UNIT
F103
UNIT
F102
UNIT
F101
UNIT
E108
UNIT
E107
UNIT
E106
UNIT
E105
UNIT
E104
UNIT
E103
UNIT
E102
UNIT
E101
UNI
T
D1
0
4
UNI
T
D1
0
3
UNI
T
D1
0
2
UNI
T
D1
0
1
UNI
T
D1
0
5
UNIT
L106
UNIT
M101
UNIT
M102
UNIT
L105
UNIT
L104
UNIT
L103UNIT
L102
UNIT
L101
UNIT
M103
UNIT
C103
UNIT
C102
UNIT
C101
UNIT
C104
UNIT
B103UNIT
B102
UNIT
B101
UNIT
B104
UNIT
A105
UNIT
A104
UNIT
A103
UNIT
A102
UNIT
A101
UNIT
A106
UNIT
H101
UNIT
G102
UNIT
G101
SSSSSSSDSDSDSDSDWLWLWLWLWLWLWLWLSSSSSSSSWLWLWLWLWLWL
WL
WL
SDSDSDSDWL
WL
WL
WL WL WL WL WL
WL
WL
WL
WL
WL
WLWLWLWLWLSSSSSSSSSSSS
SSSS SSSS
SSSD
SD SD SD
SD
SD
S
D
S
D
WLSS
SS
SS SS SS
SS
SS
WLSS SS SS SS
SS
SS
SS
WM
WM
WM
WM
WM
WM
WM
WM
WMWMWMWMWMWMWMWMWMWMWMWMWMWM
WM
WM
WM
WM
WM
WM
WM
WM
WM
WM
WM
WM
WMWMWMWMWMWMWMWMWMSD
SD
SD
SD SD SD SDSDSDSD SDSD
SS
SD
SDSD
SD
SD
SD SD SD
SD
SDWL
WL
PUBLIC 8" VCP SS LINE
BUILDING H
(2 UNITS)
(E) PROPERTY
LINE
BUILDING A
(6 UNITS)
BUILDING G
(2 UNITS)
BUILDING F
(3 UNITS)
BUILDING L
(6 UNITS)
BUILDING E
(8 UNITS)
BUILDING B
(4 UNITS)
BUILDING D
(5 UNITS)
(E) PROPERTY
LINE
(E) PROPERTY
LINE
(E) PROPERTY
LINE
(E) PROPERTY
LINE
(E) RIGHT
OF WAY
R O Y A L W A Y (PUBLIC)I M P E R I A LD R I V E (PUBLIC)F I L B R OD R I V E (PUBLIC)PUBLIC 8" VCP SS LINE
PUBLIC 8" CIP WATER LINE
PUBLIC 8" CIP WATER LINE
BUILDING C
(4 UNITS)
BUILDING K
(2 UNITS)
BUILDING M
(3 UNITS)
(E) PROPERTY
LINE
(E) PROPERTY
LINE
(E) PROPERTY
LINE
(E) PROPERTY
LINE
(E) PROPERTY
LINE
(E) PROPERTY
LINE
(E) PROPERTY
LINE
205.8 FF
206.8 FF
206.8 FF
207.20 FF
207.20 FF
207.5 FF
209.0 FF
209.0 FF
209.0 FF
209.0 FF
208.1 FF 208.1 FF 208.1 FF 208.1 FF
207.6 FF
207.6 FF
207.6 FF
207.6 FF
207.6 FF
207.3 FF
207.3 FF
207.3 FF
207.0 FF
207.0 FF
206.7 FF
205.8 FF
205.8 FF
205.8 FF
206.5 FF
206.5 FF
206.5 FF207.1 FF
207.1 FF
207.1 FF207.1 FF
207.1 FF
207.1 FF
206.0 FF
206.0 FF
206.3 FF
206.3 FF
206.6 FF206.6 FF
206.7 FF
206.7 FF
(203.7 RIM)
(197.4 IE)
(204.9 RIM)
(199.2 IE)
204.8
TG
205.8
TG
205.8
TG
206.2
TG
206.2
TG
206.5
TG
207.5
TG
207.5
TG
207.5
TG
207.5
TG
206.6
TG
206.6
TG
206.6
TG
206.6
TG
206.1
TG 206.1
TG
206.1
TG
206.1
TG
206.1
TG
206.1
TG
206.1
TG
206.1
TG
205.8
TG
205.8
TG
205.5
TG
205.5
TG
205.5
TG
204.8
TG
204.8
TG
204.8
TG
205.6
TG
205.6
TG
205.3
TG
205.3
TG
205.0
TG
205.0
TG
205.5
TG
205.5
TG
205.5
TG
206.1
TG
206.1
TG
206.1
TG
206.1
TG
206.1
TG
41
205.0
TG
207.6
TG
206.1
TG
206.5
TG
203.7
TG
SS POC
201.8 IE
SS POC
202.8 IE
SS POC
202.8 IE
SS POC
203.2 IE
SS POC
203.2 IE
SS POC
203.5 IE
WATER
POC
WATER
POC
WATER
POC
WATER
POC
WATER
POC
WATER
POC
WATER
POC
WATER
POC
WATER
POC
WATER
POC
SS POC
201.8 IE
WATER
POC
SS POC
201.8 IE
WATER
POC
SS POC
201.8 IE
WATER
POC
SS POC
202.5 IE
WATER
POC
SS POC
202.5 IE
WATER
POC
SS POC
202.5 IE
WATER
POC
SS POC
202.8 IE
WATER
POC
SS POC
202.8 IE
WATER
POC
SS POC
203.1 IE
WATER
POC
SS POC
203.1 IE
WATER
POC
SS POC
203.1 IE
WATER
POC
SS POC
202.5 IE
WATER
POC
SS POC
202.5 IE
WATER
POC
SS POC
202.5 IE
WATER
POC
SS POC
204.1 IE
WATER
POC
SS POC
204.1 IE
WATER
POC
SS POC
204.1 IE
SS POC
204.1 IE
WATER
POC
SS POC
204.1 IE
WATER
POC
SS POC
204.1 IE
WATER
POC
SS POC
204.5 IE
WATER
POC
SS POC
204.5 IE
WATER
POC
SS POC
204.5 IE
WATER
POC
SS POC
204.5 IE
WATER
POC
WATER
POC
SS POC
203.6 IE
WATER
POC
SS POC
203.6 IE
WATER
POC
SS POC
203.6 IE
WATER
POC
SS POC
203.6 IE SS POC
203.1 IE
WATER
POC
SS POC
203.1 IE
WATER
POC
SS POC
203.1 IE
WATER
POC
SS POC
203.1 IE
WATER
POC
SS POC
203.1 IE
WATER
POC
SS POC
202.3 IE
WATER
POC
SS POC
202.6 IE
SS POC
202.6 IE
SS POC
202.3 IE
SS POC
202.0 IE
SS POC
202.0 IE
WATER
POC
199.7
IE
201.4
IE
198.0
IE
200.0
IE
199.0
INV
200.0
INV
199.0
INV
204.8
TG 204.6
TG
41
41
41
41
41
41
41
41
41
TYP
41
TYP
41
TYP
41
TYP
41
TYP
41
TYP
41
TYP
41
TYP
41
TYP
42
4242
43
43 43
43
43
43
43
43
TYP
43
TYP
43
TYP
43
TYP
43
TYP
43
TYP
43
TYP
43
TYP
43
TYP
43
TYP 43
TYP
44
44
44
51
51
51
51
51
51
51
51
51
51
51
51
TYP
51
TYP
51
TYP
51
TYP
51
TYP
51
TYP
51
TYP
51
TYP
51
TYP 51
TYP
5252
52
52
61
61
61
61
61
61
61
61
61
TYP
61
TYP
61
TYP
61
TYP
61
TYP
61
TYP
61
TYP
61
TYP
61
TYP
62
TYP
62
TYP
62
TYP
62
TYP
62
TYP
62
TYP
62
TYP
62
TYP
63
6310" SS10" SS (PRIVATE)10" SS (PRIVATE)10" SS8" WL (PUBLIC)8" WL (PUBLIC)8" WL (PUBLIC)12" SD (PRIVATE)
12" SD
(
P
R
I
V
A
T
E
)
63
REMOVE
TO MAIN
REMOVE
TO MAIN
8" WL
(PUBLIC)
8" WL (PUBLIC)8" SS
(PR
IVATE)
63
63
WATER
POC
41
TYP
41
TYP
8" WL (PUBLIC)8" WL
(PUBL
IC)8" WL (PUBLIC)
CDS JOB #:
SCALE:
20-088
1" = 20'
DATE:
PREPARED BY:MMM
REVIEWED BY:RDW
Z:\Shared\CDS Data\Active Jobs\20-088 Royal Way Apartments\_Project\1_Prelim Docs\20-088 Prelim Grading Plan.dwg, June 22, 2022A B C D E F G H I J K L M N O
A B C D E F G H I J K L M N O
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SHEET XX OF 6 SHEETSROYAL WAY TOWNHOMESPROJECT NAME:PLANS PREPARED FOR:PROJECT LOCATION:HOCHHAUSER BLATTER122 E ARRELLAGASANTA BARBARA, CA 93101ROYAL WAYGILROY, CA 95020APNS: 799-044-093 TO 098& 109CIVIL ENGINEERING PLANNING PERMITTINGCIVIL DESIGN STUDIOP.O. Box 199 | Cambria | Ca 93428805.706.0401 www.civil-studio.comPLAN PREPARED BY:PRELIMINARY PLANS
- NOT FOR
CONSTRUCTION
6/22/2022
C2.0
PRELLIMINARY
UTILITY PLAN
3
20 10 015
SCALE: 1" = 20'
20 40
UTILITY CONSTRUCTION NOTES
41 PROPOSED STORM DRAIN LINE
42 PROPOSED RETENTION/INFILTRATION SYSTEM
43 PROPOSED CATCH BASIN
44 PROPOSED STORM DRAIN MANHOLE
NOTES 45 TO 50 NOT USED
51 PROPOSED SANITARY SEWER LINE
52 PROPOSED SANITARY SEWER MANHOLE
NOTES 53 TO 60 NOT USED
61 PROPOSED WATER LINE
62 PROPOSED WATER METER
63 PROPOSED FIRE HYDRANT
SS (E) SS/SD MANHOLE
(E) UTILITY POLE
FIRE DEPARTMENT CONNECTION
LEGEND
WMCATCH BASIN
WATER/IRRIGATION METER
BACKFLOW DEVICE
SEWER CLEANOUT
YARD DRAIN
(E) FIRE HYDRANT
RETENTION/INFILTRATION SYSTEM
SD SS/SD MANHOLE
FIRE HYDRANT WM(E) WATER/IRRIGATION METER
9.3.c
Packet Pg. 380 Attachment: Civil and Landscape Plans (4030 : Royal Way Townhomes)
UNIT
K102
UNIT
K101
UNIT
H102
UNIT
F103
UNIT
F102
UNIT
F101
UNIT
E108
UNIT
E107
UNIT
E106
UNIT
E105
UNIT
E104
UNIT
E103
UNIT
E102
UNIT
E101
UNI
T
D1
0
4
UNI
T
D1
0
3
UNI
T
D1
0
2
UNI
T
D1
0
1
UNI
T
D1
0
5
UNIT
L106
UNIT
M101
UNIT
M102
UNIT
L105
UNIT
L104
UNIT
L103UNIT
L102
UNIT
L101
UNIT
M103
UNIT
C103
UNIT
C102
UNIT
C101
UNIT
C104
UNIT
B103UNIT
B102
UNIT
B101
UNIT
B104
UNIT
A105
UNIT
A104
UNIT
A103
UNIT
A102
UNIT
A101
UNIT
A106
UNIT
H101
UNIT
G102
UNIT
G101
BUILDING H
(2 UNITS)
(E) PROPERTY
LINE
BUILDING A
(6 UNITS)
BUILDING G
(2 UNITS)
BUILDING F
(3 UNITS)
BUILDING L
(6 UNITS)
BUILDING E
(8 UNITS)
BUILDING B
(4 UNITS)
BUILDING D
(5 UNITS)
(E) PROPERTY
LINE
(E) PROPERTY
LINE
(E) PROPERTY
LINE
(E) PROPERTY
LINE
(E) RIGHT
OF WAY
R O Y A L W A Y (PUBLIC)I M P E R I A LD R I V E (PUBLIC)F I L B R OD R I V E (PUBLIC)BUILDING C
(4 UNITS)
BUILDING K
(2 UNITS)
BUILDING M
(3 UNITS)
(E) PROPERTY
LINE
(E) PROPERTY
LINE
(E) PROPERTY
LINE
(E) PROPERTY
LINE
(E) PROPERTY
LINE
(E) PROPERTY
LINE
(E) PROPERTY
LINE
205.8 FF
206.8 FF
206.8 FF
207.20 FF
207.20 FF
207.5 FF
209.0 FF
209.0 FF
209.0 FF
209.0 FF
208.1 FF 208.1 FF 208.1 FF 208.1 FF
207.6 FF
207.6 FF
207.6 FF
207.6 FF
207.6 FF
207.3 FF
207.3 FF
207.3 FF
207.0 FF
207.0 FF
206.7 FF
205.8 FF
205.8 FF
205.8 FF
206.5 FF
206.5 FF
206.5 FF207.1 FF
207.1 FF
207.1 FF207.1 FF
207.1 FF
207.1 FF
206.0 FF
206.0 FF
206.3 FF
206.3 FF
206.6 FF206.6 FF
206.7 FF
206.7 FF±R39'±R39'±R35'±R35'D R I V E A I S L E(PRIVATE)D R I V E A I S L E(PRIVATE)D R I V E A I S L E
(PRIVATE)D R
I
V
E
A
I
S
L
E(PRIVATE)S00° 44' 18"W155.14'N82° 18' 14"E
91.05'
N90° 00' 00"E
124.78'
S66°
0
4
'
5
6
"
E
113.
1
1
'N00° 00' 07"E145.57'S18° 22' 04"E189.72'N82° 18' 14"E
37.03'
R2
0
'R20'R112'R88'R
3
1
'
R
1
2
'
R100'R2'L = 35.91'
R = 112.00'
D = 018° 22' 11"
L = 41.74'
R = 100.00'
D = 023° 55' 04"
N71° 37'
5
6
"
E
6.70'30'±19'±7'24'
DRIVEWAY
2
5
'
D
R
I
V
EW
A
Y
24'DRIVE AISLE24'DRIVE AISLE24'DRIVE AISLE24'
DRIVE A
I
S
L
E
24'
DRIVE AISLE±4'9'18'9'19'9'18'18'15'
5'5'5'5'5'5'5
'
5'
5'
5'
5'5'5'5'5'4'
5'
5'
5'
5'
5'5'5'
5'5'5'
5'5'5'5'5'
5'
5'
16'16'
25'24'24'24'18'18'
18'
18'
18'
18'
18'18'18'18'17'18'18'
18'
18'
18'
18'19'18'18'18'18'18'18'18'18'19'19'18'9'19'18'18'17'18'18'19'18'18'18'18'18'18'18'
18'
18'
19'
19'
19'
19'
19'
19'19'19'19'19'19'19'19'19'19'19'19'20'20'19'
19'
19'
19'
19'
19'
19'
19'
18'
19'
19'
19'
18'9'13'18'24'
DRIVE AISLE
19'19'19'19'19'19'24'22'21'22'
DRIVEWAY
22'
DRIVEWAY
5'
5'
5'5'5'5'D R I V E A I S L E(PRIVATE)D R I V E A I S L E(PRIVATE)5'
C/L ROYAL WAY
30'30'
11.5'18.5'
ROADWAY
18.5'
ROADWAY
11.5'
S/W S/W
ROWROW
PARK PARK
PUE
10'
PUE
60'
ROW
19' DRIVEWAY 24' PRIVATE
DRIVE AISLE
5'
SW
19' DRIVEWAY
ROLLED CURB AND GUTTERROLLED CURB
PROP
BLDG PROP
BLDG
CDS JOB #:
SCALE:
20-088
1" = 20'
DATE:
PREPARED BY:MMM
REVIEWED BY:RDW
Z:\Shared\CDS Data\Active Jobs\20-088 Royal Way Apartments\_Project\1_Prelim Docs\20-088 Prelim Grading Plan.dwg, June 22, 2022A B C D E F G H I J K L M N O
A B C D E F G H I J K L M N O
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SHEET XX OF 6 SHEETSROYAL WAY TOWNHOMESPROJECT NAME:PLANS PREPARED FOR:PROJECT LOCATION:HOCHHAUSER BLATTER122 E ARRELLAGASANTA BARBARA, CA 93101ROYAL WAYGILROY, CA 95020APNS: 799-044-093 TO 098& 109CIVIL ENGINEERING PLANNING PERMITTINGCIVIL DESIGN STUDIOP.O. Box 199 | Cambria | Ca 93428805.706.0401 www.civil-studio.comPLAN PREPARED BY:PRELIMINARY PLANS
- NOT FOR
CONSTRUCTION
6/22/2022
C3.0
PRELIMINARY
HORIZONTAL
CONTROL PLAN
4
20 10 015
SCALE: 1" = 20'
20 40
TYPICAL ROYAL WAY SECTION (PUBLIC)
SCALE:1" = 10'
TYPICAL DRIVE AISLE SECTION (PRIVATE)
SCALE: 1" = 10'
9.3.c
Packet Pg. 381 Attachment: Civil and Landscape Plans (4030 : Royal Way Townhomes)
UNIT
K102
UNIT
K101
UNIT
H102
UNIT
F103
UNIT
F102
UNIT
F101
UNIT
E108
UNIT
E107
UNIT
E106
UNIT
E105
UNIT
E104
UNIT
E103
UNIT
E102
UNIT
E101
UNI
T
D1
0
4
UNI
T
D1
0
3
UNI
T
D1
0
2
UNI
T
D1
0
1
UNI
T
D1
0
5
UNIT
L106
UNIT
M101
UNIT
M102
UNIT
L105
UNIT
L104
UNIT
L103UNIT
L102
UNIT
L101
UNIT
M103
UNIT
C103
UNIT
C102
UNIT
C101
UNIT
C104
UNIT
B103UNIT
B102
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B101
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B104
UNIT
A105
UNIT
A104
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A103
UNIT
A102
UNIT
A101
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A106
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H101
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G102
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G101
WM
WM
WM
WM
WM
WM
WM
WM
WMWMWMWMWMWMWMWMWMWMWMWMWMWM
WM
WM
WM
WM
WM
WM
WM
WM
WM
WM
WM
WM
WMWMWMWMWMWMWMWMWMBUILDING H
(2 UNITS)
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(6 UNITS)
BUILDING G
(2 UNITS)
BUILDING F
(3 UNITS)
BUILDING L
(6 UNITS)
BUILDING E
(8 UNITS)
BUILDING B
(4 UNITS)
BUILDING D
(5 UNITS)
BUILDING C
(4 UNITS)
BUILDING K
(2 UNITS)
BUILDING M
(3 UNITS)
205.8 FF
206.8 FF
206.8 FF
207.20 FF
207.20 FF
207.5 FF
209.0 FF
209.0 FF
209.0 FF
209.0 FF
208.1 FF 208.1 FF 208.1 FF 208.1 FF
207.6 FF
207.6 FF
207.6 FF
207.6 FF
207.6 FF
207.3 FF
207.3 FF
207.3 FF
207.0 FF
207.0 FF
206.7 FF
205.8 FF
205.8 FF
205.8 FF
206.5 FF
206.5 FF
206.5 FF207.1 FF
207.1 FF
207.1 FF207.1 FF
207.1 FF
207.1 FF
206.0 FF
206.0 FF
206.3 FF
206.3 FF
206.6 FF206.6 FF
206.7 FF
206.7 FF
PRIVATE FIRE
HYDRANT
150'150'
15
0
'
150
'
1
5
0
'
PUBLIC FIRE
HYDRANT
PUBLIC FIRE
HYDRANT
PRIVATE FIRE
HYDRANT
PRIVATE FIRE
HYDRANTD R I V E A I S L E(PRIVATE)D R I V E A I S L E(PRIVATE)D R I V E A I S L E(PRIVATE)D R I V E A I S L E(PRIVATE)D R I V E A I S L E
(PRIVATE)D R
I
V
E
A
I
S
L
E(PRIVATE)
R O Y A L W A Y
(PUBLIC)
LEGEND
FRONT LEFT TIRE
FRONT RIGHT TIRE
REAR LEFT TIRE
REAR RIGHT TIRE
TRUCK BODY
6.2'28.5'5.8'
40.5'8.5'CDS JOB #:
SCALE:
20-088
1" = 20'
DATE:
PREPARED BY:MMM
REVIEWED BY:RDW
Z:\Shared\CDS Data\Active Jobs\20-088 Royal Way Apartments\_Project\1_Prelim Docs\20-088 Prelim Fire Circulation Plan.dwg, June 22, 2022A B C D E F G H I J K L M N O
A B C D E F G H I J K L M N O
2
1
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4
5
6
7
8
9
10
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12
SHEET XX OF 6 SHEETSROYAL WAY TOWNHOMESPROJECT NAME:PLANS PREPARED FOR:PROJECT LOCATION:HOCHHAUSER BLATTER122 E ARRELLAGASANTA BARBARA, CA 93101ROYAL WAYGILROY, CA 95020APNS: 799-044-093 TO 098& 109CIVIL ENGINEERING PLANNING PERMITTINGCIVIL DESIGN STUDIOP.O. Box 199 | Cambria | Ca 93428805.706.0401 www.civil-studio.comPLAN PREPARED BY:PRELIMINARY PLANS
- NOT FOR
CONSTRUCTION
6/22/2022
C4.0
PRELIMINARY FIRE
CIRCULATION PLAN
- CLOCKWISE
5
20 10 015
SCALE: 1" = 20'
20 40
9.3.c
Packet Pg. 382 Attachment: Civil and Landscape Plans (4030 : Royal Way Townhomes)
UNIT
K102
UNIT
K101
UNIT
H102
UNIT
F103
UNIT
F102
UNIT
F101
UNIT
E108
UNIT
E107
UNIT
E106
UNIT
E105
UNIT
E104
UNIT
E103
UNIT
E102
UNIT
E101
UNI
T
D1
0
4
UNI
T
D1
0
3
UNI
T
D1
0
2
UNI
T
D1
0
1
UNI
T
D1
0
5
UNIT
L106
UNIT
M101
UNIT
M102
UNIT
L105
UNIT
L104
UNIT
L103UNIT
L102
UNIT
L101
UNIT
M103
UNIT
C103
UNIT
C102
UNIT
C101
UNIT
C104
UNIT
B103UNIT
B102
UNIT
B101
UNIT
B104
UNIT
A105
UNIT
A104
UNIT
A103
UNIT
A102
UNIT
A101
UNIT
A106
UNIT
H101
UNIT
G102
UNIT
G101
WM
WM
WM
WM
WM
WM
WM
WM
WMWMWMWMWMWMWMWMWMWMWMWMWMWM
WM
WM
WM
WM
WM
WM
WM
WM
WM
WM
WM
WM
WMWMWMWMWMWMWMWMWMBUILDING H
(2 UNITS)
BUILDING A
(6 UNITS)
BUILDING G
(2 UNITS)
BUILDING F
(3 UNITS)
BUILDING L
(6 UNITS)
BUILDING E
(8 UNITS)
BUILDING B
(4 UNITS)
BUILDING D
(5 UNITS)
BUILDING C
(4 UNITS)
BUILDING K
(2 UNITS)
BUILDING M
(3 UNITS)
205.8 FF
206.8 FF
206.8 FF
207.20 FF
207.20 FF
207.5 FF
209.0 FF
209.0 FF
209.0 FF
209.0 FF
208.1 FF 208.1 FF 208.1 FF 208.1 FF
207.6 FF
207.6 FF
207.6 FF
207.6 FF
207.6 FF
207.3 FF
207.3 FF
207.3 FF
207.0 FF
207.0 FF
206.7 FF
205.8 FF
205.8 FF
205.8 FF
206.5 FF
206.5 FF
206.5 FF207.1 FF
207.1 FF
207.1 FF207.1 FF
207.1 FF
207.1 FF
206.0 FF
206.0 FF
206.3 FF
206.3 FF
206.6 FF206.6 FF
206.7 FF
206.7 FF
PRIVATE FIRE
HYDRANT
150'150'
15
0
'
150
'
1
5
0
'
PUBLIC FIRE
HYDRANT
PUBLIC FIRE
HYDRANT
PRIVATE FIRE
HYDRANT
PRIVATE FIRE
HYDRANTD R I V E A I S L E(PRIVATE)D R I V E A I S L E(PRIVATE)D R I V E A I S L E(PRIVATE)D R I V E A I S L E(PRIVATE)D R I V E A I S L E
(PRIVATE)D R
I
V
E
A
I
S
L
E(PRIVATE)
R O Y A L W A Y
(PUBLIC)
LEGEND
FRONT LEFT TIRE
FRONT RIGHT TIRE
REAR LEFT TIRE
REAR RIGHT TIRE
TRUCK BODY
6.2'28.5'5.8'
40.5'8.5'CDS JOB #:
SCALE:
20-088
1" = 20'
DATE:
PREPARED BY:MMM
REVIEWED BY:RDW
Z:\Shared\CDS Data\Active Jobs\20-088 Royal Way Apartments\_Project\1_Prelim Docs\20-088 Prelim Fire Circulation Plan.dwg, June 22, 2022A B C D E F G H I J K L M N O
A B C D E F G H I J K L M N O
2
1
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5
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7
8
9
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12
SHEET XX OF 6 SHEETSROYAL WAY TOWNHOMESPROJECT NAME:PLANS PREPARED FOR:PROJECT LOCATION:HOCHHAUSER BLATTER122 E ARRELLAGASANTA BARBARA, CA 93101ROYAL WAYGILROY, CA 95020APNS: 799-044-093 TO 098& 109CIVIL ENGINEERING PLANNING PERMITTINGCIVIL DESIGN STUDIOP.O. Box 199 | Cambria | Ca 93428805.706.0401 www.civil-studio.comPLAN PREPARED BY:PRELIMINARY PLANS
- NOT FOR
CONSTRUCTION
6/22/2022
C4.1
PRELIMINARY FIRE
CIRCULATION PLAN
- COUNTER
CLOCKWISE
6
20 10 015
SCALE: 1" = 20'
20 40
9.3.c
Packet Pg. 383 Attachment: Civil and Landscape Plans (4030 : Royal Way Townhomes)
WMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWM' WOOD FENCE6
'6A101A102A103A104A105A106K102
K101 H102 H101 G102
G101
L101 L102 L103 L104 L105 L106 M101
M102
M103
F103
F102
F101
E108
E107
E106
E105
E104
E103
E102
E101
B101 B102 B103 B104 C101 C102 C103 C104 D101
D102
D103
D104
D105
ROYAL WAY
AA
AA
AA
AA
AA
AA
AA
0.2 0.1 0.1
0.3 0.2 0.1
0.5 0.3
1.0 0.8 0.3
1.1 0.9 0.3
1.0 0.8
1.2 1.1 0.6
0.8 0.7 0.3
0.5 0.4
0.2 0.3 0.2
0.1 0.2 0.1
0.1 0.1
0.1 0.1 0.1
0.1 0.1 0.1
0.2 0.2
0.1 0.3 0.3
0.1 0.3 0.5 0.6
0.1 0.1 0.1 0.1 0.5 1.0
0.2 0.2 0.2 0.1 0.1 0.2 0.7 1.1
0.1 0.1 0.1 0.1 0.5 0.6 0.6 0.4 0.2 0.1 0.1 0.3 0.9 0.9
0.1 0.2 0.3 0.4 0.6 0.7 0.7 0.6 0.4 0.3 0.2 0.1 0.2 0.5 0.8 1.1 1.2 0.9 0.4 0.1 0.4 0.9 1.2
0.2 0.3 0.6 1.0 1.2 1.0 1.1 0.8 0.5 0.3 0.2 0.2 0.2 0.4 0.6 1.0 1.1 1.0 1.1 0.8 0.5 0.3 0.2 0.1 0.1 0.2 0.4 0.8 1.2 0.6 0.3 0.7 0.8
1.1 0.8 0.4 0.3 0.2 0.2 0.2 0.3 0.4 0.5 0.6 0.7 0.6 0.4 0.3 0.2 0.1 0.1 0.2 0.3 0.5 0.3 0.4 0.4
0.3 0.2 0.1 0.2 0.2 0.2
0.1 0.1 0.1 0.1 0.1
0.1 0.1 0.1 0.1 0.1
0.1 0.1 0.1 0.1 0.1
0.1 0.2 0.1 0.2 0.2
0.2 0.3 0.1 0.3 0.3
0.3 0.5 0.2 0.4 0.6
0.5 0.8 0.2 0.6 1.0
0.6 1.2 0.3 0.9 1.2
0.7 1.0 0.3 1.0 0.7
0.7 1.1 0.3 0.9 1.2
0.5 1.0 0.2 0.7 0.9
0.4 0.6
0.2 0.3
Luminaire Schedule - LED
Project: ROYAL WAY TOWNHOMES - GILROY
Symbol Qty Label Arrangement LLF LLD UDF Luminaire
Lumens
Luminaire
Watts
Description Filename
7 AA Single 0.630 0.900 0.700 2856+/-25+/-LUMEC S55-35W32LED3K-G3-LE2 - 14' POLE (REDUCED 30%)S55-35W32LED3K-G3-LE2.ies
Calculation Summary
Project: ROYAL WAY TOWNHOMES - GILROY
Description CalcType Units Avg Max Min Avg/Min Max/Min
PRIVATE STREET Illuminance Fc 0.44 1.2 0.1 4.40 12.00
AGI32 VERSION 20.1
AGI (C) 2021 LIGHTING ANALYSTS, INC.
10268 W. CENTENNIAL ROAD, SUITE 202
LITTLETON, CO 80127
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
SALES REPRESENTATIVE: ALR; JOHN BENSON
differences will occur between measured values and calculated values.
lighting calculations. If the real environment conditions do not match the input data,
dimensions, reflectances, furniture and architectural elements significantly affect the
variations. Input data used to generate the attached calculations such as room
measurement techniques and field conditions such as voltage and temperature
tolerances in calculation methods, testing procedures, component performance,
Some differences between measured values and calculated results may occur due to
Calculations have been performed according to IES standards and good practice.
BY: APPLICATIONS ENGINEERING; RAMON ZAPATA
REPORT FOR: GIACALONE DESIGN SERVICES
PHONE: (510) 638-0158 - FAX (510) 638-2908
OAKLAND, CA 94621
P.O. BOX 2265
7777 PARDEE LANE
ASSOCIATED LIGHTING REPRESENTATIVES, INC
ALL VALUES SHOWN ARE MAINTAINED HORIZONTAL FOOTCANDLES AT GRADE
LAMP, BALLAST, ELECTRICAL, AND SITE CHARACTERISTICS.
LAMP, RATINGS, FIELD PERFORMANCE WILL DEPEND ON ACTUAL
IS BASED ON ESTABLISHED IES PROCEDURES AND PUBLISHED
PHOTOMETRIC DATA USED AS INPUT FOR THESE CALCULATIONS
DATE
09.16.20211" = 30'1 OF 1 X
REVSHEETSCALE
PROJECT DESCRIPTION
DRAWING NO. / INPUT FILE
ROYAL WAY TOWNHOMES
CITY OF GILROY
19324BEN.DWG / 19324BEN.A32
9.3.c
Packet Pg. 384 Attachment: Civil and Landscape Plans (4030 : Royal Way Townhomes)
DWUP
36"0,92M
379 SF 1ST FLOOR
858 SF 1ST FLOOR
411 SF 1ST FLOOR
410 SF 1ST FLOOR
644 SF 1ST FLOOR
410 SF 1ST FLOOR
644 SF
TOWN
HOUSE
TYP. A
39
LLLLLLLLLLLLLLLLLLLLLLLL
ROYAL WAY
GILROY HIGH SCHOOLCARNADERO CREEK
401
402
403
404
15", 13"
25"
28"0
15"
18"
10", 10"
27"
16", 13", 13', 11"
16"16"0
424
425
427
428
430431
16"0
432
16"
426
LEGEND
Indicates tree number as referenced in Arborist Report
Tree To Remain: Preserve And Protect. See Tree Protection Notes
Tree To Be Removed: See Tree Protection Notes
Tree To Be Moved or Removed: Heritage Tree or Protected Tree
Existing Trees to Remain: Preserve and Protect
8"0
12"0
1
EXISTING TREE SUMMARY
Tree #:Tree Name:DBH:Heritage Tree:Protected:Status:
401 Fraxinus uhdei 15", 13"No No Remove
402 Olea europea 25"No No Move or
Remove
403 Koelreuteria bipinnata 28"No No Remove
404 Quercus lobata 15"No Yes Offsite
Preserve
424 Quercus lobata 18"No Yes Remove
425 Quercus lobata 10",10"No No Remove
426 Quercus agrifolia 16"No Yes Remove
427 Olea europea 27"No No Move or
Remove
428 Olea europea 16",13",
13",11"No No Move or
Remove
430 Juglans regia 16"No No Remove
431 Fraxinus uhdei 16"No No Remove
432 Juglans regia 30"No No Remove
23"0
F:\PRODUCTION\Projects\2021\21.005\CAD\21005_L-1.0 Tree Removal.dwg 4/26/202230 0 30 60
Tree Removal
& Protection Plan
L-1.0
ARBORISTS REPORT: TREE PROTECTION NOTES
Arborwell Report - March 14, 2022
ROYAL WAY
TOWNHOMES
GILROY, CA
HOCHHAUSER BLATTER
ARCHITECTURE AND PLANNING
SHEET NO:
SHEET NAME:
PROJECT NO:
DATE:
SCALE:
DRAWN | CHECKED:
REVISIONS:
PROJECT:
NO.DESCRIPTIONDATE
ISSUANCE:
PLANNING SUBMITTAL
JB/LF
AS SHOWN
04/26/2022
21.005
9.3.c
Packet Pg. 385 Attachment: Civil and Landscape Plans (4030 : Royal Way Townhomes)
DWUP
36
"0,92M
ROYAL WAY
GILROY HIGH SCHOOLCARNADERO CREEK
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* WATER USE CATEGORY (WUC) KEY
WUCOLS Region Applicable to this Project: REGION 1
H = High; M = Moderate; L = Low; VL = Very Low; NL = Species Not Listed
* from: Water Use Classification of Landscape Species,
A Guide to the Water Needs of Landscape Plants (WUCOLS)
Revised 2014, University of California Cooperative Extension, L.R. Costello, K.S. Jones
PLANT LEGEND
*WUC CODE BOTANICAL NAME COMMON NAME SIZE CHARACTER QTY.
Shade Trees
L Pc Pistacia chinensis 'Keith Davey'Keith Davey Chinese Pistache 24" Box STANDARD 28
L Pr Platanus racemosa California Sycamore 24" Box STANDARD 10
L Up Ulmus parvifolia Chinese Elm 24" Box STANDARD 33
Ornamental Trees
L Au Arbutus unedo Strawberry Tree 15 Gal.STANDARD 20
L Co Cercis occidentalis Western Redbud 15 Gal.STANDARD 7
L Ct Chitalpa tashkentensis Chitalpa 15 Gal.STANDARD 13
Shrubs
M As Asparagus densiflorus 'Myers'Myers Asparagus 1 Gal.@ 36" O.C.137
L Cs Cistus spp.Rockrose 5 Gal.@ 48" O.C.87
L Db Dietes bicolor Fortnight Lily 1 Gal.@ 36" O.C.289
L Dv Dodonaea viscosa Green Hopseed Bush 5 Gal.@ 120" O.C.5
L Ek Erigeron karvinskianus Santa Barbara Daisy 1 Gal.@ 48" O.C.59
L Ha Heteromeles arbutifolia Toyon 5 Gal.@ 72" O.C.19
L Ls Lavandula spp.Lavender 1 Gal.@ 30" O.C.591
L Lm Lomondra longifolia Dwarf Mat Rush 1 Gal.@ 36" O.C.118
L Lc Loropetalum chinense Fringe Flower 5 Gal.@ 72" O.C.17
L Mr Muhlenbergia rigens Deergrass 1 Gal.@ 48" O.C.183
L Ps Phormium spp New Zealand Flax 1 Gal.@ 48" O.C.90
L Pt Pittosporum tobira Japanese Pittosporum 5 Gal.@ 48" O.C.49
L Rc Rhamnus californica 'Eve Case'Eve Case Coffeeberry 5 Gal.@ 48" O.C.81
L Ru Rhaphiolepis umbellata 'Minor'Dwarf Yeddo Hawthorn 1 Gal.@ 36" O.C.141
L Rm Romneya coulteri Matilija Poppy 5 Gal.@ 72" O.C.10
L Sa Salvia leucantha Mexican Sage 5 Gal.@ 48" O.C.61
M Wf Woodwardia fimbriata Giant Chain Fern 5 Gal.@ 72" O.C.13
Groundcover
L Bp Baccharis pilularis Coyote Bush 5 Gal.@ 72" O.C.81
L Carex divulsa Berkeley Sedge 1 Gal.@ 24" O.C.124
L
Crushed Rock 752 SF
PLANTING NOTES
1.The project Geotechnical Report recommends over excavation to remove twelve (12)
inches of site soil for new construction (see report excerpt). Given that the site will
largely be imported soil, BFS will specify a soils and amendment horticultural test for
approval prior to any planting.
2.Mulch: Chipped wood to contain less than 1% foreign matter including soil, weeds,
seeds, etc. by dry weight at three (3) inch depth.
30 0 30 60
ROYAL WAY
TOWNHOMES
GILROY, CA
HOCHHAUSER BLATTER
ARCHITECTURE AND PLANNING
SHEET NO:
SHEET NAME:
PROJECT NO:
DATE:
SCALE:
DRAWN | CHECKED:
REVISIONS:
PROJECT:
NO.DESCRIPTIONDATE
ISSUANCE:
PLANNING SUBMITTAL
JB/LF
AS SHOWN
04/26/2022
21.005
F:\PRODUCTION\Projects\2021\21.005\CAD\21005_L-2.0 Const-Planting.dwg 4/26/2022Landscape Site Plan
L-2.0
GEOTECH REPORT: SOIL PREPARATION AND GRADING RECOMMENDATIONS
Earth Systems Pacific - June 7, 2013
9.3.c
Packet Pg. 386 Attachment: Civil and Landscape Plans (4030 : Royal Way Townhomes)
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CONCRETE SEATWALL: SEE /L-2.14
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CONCRETE SEAT WALL: INTEGRAL
COLOR, EXPOSED SMOOTH FORM
FINISH. SEE SPECS. EXPOSED EDGES
RADIUSED 1/2", TYP.
FINISH GRADE AT PAVING
CONCRETE FOOTING: SEE SPECS
FG1'-6"18"
REBAR: #4 VERTICAL 24" O.C.
REBAR: #4 HORIZONTAL 9" O.C., CONT.
AGGREGATE BASE: COMPACTED TO MIN.
95% RELATIVE COMPACTION. SEE SPECS
SUBGRADE: UPPER 6" SCARIFIED &
COMPACTED TO MIN. 95% RELATIVE
COMPACTION. SEE SPECS1'-6"3'-0"3"3"3"3"MIN MIN
MINMIN4 1" = 1'-0"
Concrete Seat Wall 36"0,92MSaSaSaSaSaSaSaSaDbDbDbDbDbDbDbDbDbDbDbCsCsCsCsCsCsCsPsPsPsSaSaSaDbDbDbDbDbDbDbDbDbDbLmLmLmLmLmLmLmLmLmLmLmLmLmLmSaSaSaPsPsPsPsRuRuRuLsLsLsLsLsLsLsLsLsEkEkEkLsLsBpUpPcAuPcPcPcAuCsCsCsPsPs10 0 10 20
1 1"=10'-0"
Picnic Area Enlargement: 4,151 sf
ROYAL WAY
TOWNHOMES
GILROY, CA
HOCHHAUSER BLATTER
ARCHITECTURE AND PLANNING
SHEET NO:
SHEET NAME:
PROJECT NO:
DATE:
SCALE:
DRAWN | CHECKED:
REVISIONS:
PROJECT:
NO.DESCRIPTIONDATE
ISSUANCE:
PLANNING SUBMITTAL
JB/LF
AS SHOWN
04/26/2022
21.005
F:\PRODUCTION\Projects\2021\21.005\CAD\21005_L-2.0 Const-Planting.dwg 4/26/2022Construction &
Planting
Enlargement Plan
L-2.1
3 1" = 10'-0"
Gazebo Area Enlargement: 1,533 sf
2 1"=10'-0"
Playground Enlargement: 2,463 sf
10 0 10 20
10 0 10 20
9.3.c
Packet Pg. 387 Attachment: Civil and Landscape Plans (4030 : Royal Way Townhomes)
ROYAL WAY
TOWNHOMES
GILROY, CA
HOCHHAUSER BLATTER
ARCHITECTURE AND PLANNING
SHEET NO:
SHEET NAME:
PROJECT NO:
DATE:
SCALE:
DRAWN | CHECKED:
REVISIONS:
PROJECT:
NO.DESCRIPTIONDATE
ISSUANCE:
PLANNING SUBMITTAL
JB/LF
AS SHOWN
04/26/2022
21.005
Plant Images
L-2.2
DIETES BICOLORCISTUS SALVIFOLIUS
ERIGERON KARVINSKIANUS LAVANDULA SPP.
PISTACIA CHINENSIS 'KEITH DAVEY'ARBUTUS UNEDO CHITALPA TASHKENTENSIS PLATANUS RACEMOSA
ULMUS PARVIFOLIA
CERCIS OCCIDENTALIS
ASPARAGUS DENSIFLORUS
DODONAEA VISCOSA HETEROMELES ARBUTIFOLIA
9.3.c
Packet Pg. 388 Attachment: Civil and Landscape Plans (4030 : Royal Way Townhomes)
ROYAL WAY
TOWNHOMES
GILROY, CA
HOCHHAUSER BLATTER
ARCHITECTURE AND PLANNING
SHEET NO:
SHEET NAME:
PROJECT NO:
DATE:
SCALE:
DRAWN | CHECKED:
REVISIONS:
PROJECT:
NO.DESCRIPTIONDATE
ISSUANCE:
PLANNING SUBMITTAL
JB/LF
AS SHOWN
04/26/2022
21.005
Plant Images
L-2.3
RHAPHIOLEPSIS UMBELLATA 'MINOR'RHAMNUS CALIFORNICA
PHORMIUM SPP.MUHLENBERGIA RIGENS
ROMNEYA COULTERI
LOMANDRA LONGIFOLIA LOROPETALUM CHINENSE
PITTOSPORUM TOBIRA
SALVIA LEUCANTHA WOODWARDIA FIMBRIATA CAREX DIVULSA BACCHARIS PILULARIS
9.3.c
Packet Pg. 389 Attachment: Civil and Landscape Plans (4030 : Royal Way Townhomes)
DWUP
36
"
0
,92M
ROYAL WAY
GILROY HIGH SCHOOLCARNADERO CREEK
HYDROZONE 9 & 10
RESIDENTIAL BACKYARDS
HYDROZONE 9 & 10
RESIDENTIAL BACKYARDS
HYDROZONE 9 & 10
RESIDENTIAL
BACKYARDS
HYDROZONE 9 & 10
RESIDENTIAL BACKYARDS
HYDROZONE 9 & 10
RESIDENTIAL BACKYARDS
HYDROZONE 9 & 10
RESIDENTIAL
BACKYARDS
HYDROZONE 9 & 10
RESIDENTIAL
BACKYARDS
HYDROZONE 9 & 10
RESIDENTIAL
BACKYARDS
HYDROZONE 9 & 10
RESIDENTIAL
BACKYARDS
HYDROZONE 1 & 2
GAZEBO AREA
HYDROZONE 1 & 2
GAZEBO AREA
HYDROZONE 5 & 6
PLAY AREA
HYDROZONE 7 & 8
COMMON AREAS
HYDROZONE 7 & 8
COMMON AREAS
HYDROZONE 7 & 8
COMMON AREAS
HYDROZONE 7 & 8
COMMON AREAS
HYDROZONE 7 & 8
COMMON AREAS
HYDROZONE 7 & 8
COMMON AREAS
HYDROZONE 7 & 8
COMMON AREAS
HYDROZONE 7 & 8
COMMON AREAS
HYDROZONE 7 & 8
COMMON AREAS
HYDROZONE 7 & 8
COMMON AREASHYDROZONE 7 & 8
COMMON AREAS
HYDROZONE 7 & 8
COMMON AREAS
HYDROZONE 7 & 8
COMMON AREAS
HYDROZONE 7 & 8
COMMON AREAS
HYDROZONE 7 & 8
COMMON AREAS
HYDROZONE 7 & 8
COMMON AREAS
HYDROZONE 9 & 10
RESIDENTIAL
BACKYARDS
IRRIGATION NOTES
1.THE IRRIGATION DESIGN WILL COMPLY WITH THE MODEL WATER EFFICIENT
LANDSCAPE ORDINANCE (MWELO) AND LOCAL ORDINANCES
2.THE DESIGN WILL INCLUDE A SEPARATE METERED POINT OF CONNECTION
WITH A BACKFLOW DEVICE
3.THE CONTROLLER WILL BE WILL HAVE A MASTER VALVE AND FLOW SENSOR
FOR MANAGING FLOW
4.THE CONTROLLER WILL UTILIZE EVAPOTRANSPIRATION DATA FOR MANAGING
RUN TIMES
5.THE CONTROLLER WILL UTILIZE EVAPOTRANSPIRATION DATA FOR MANAGING
RUN TIMES
6.THE SYSTEM WILL BE DESIGNED TO PREVENT RUNOFF
7.THE SYSTEM WILL BE DESIGNED BY GROUPING PLANTS OF SIMILAR WATER
USE TOGETHER INTO HYDROZONES
8.IRRIGATION DISTRIBUTION WILL BE THROUGH HIGH EFFICIENCY/LOW VOLUME
SPRAY HEADS, DRIP EMITTERS OR SUBSURFACE DRIP TUBING
9.SELECT AREAS OF NATIVE PLANTS TO BE IRRIGATED WITH TEMPORARY
IRRIGATION; IRRIGATION TO BE REMOVED ONCE THOSE PLANTS ARE
ESTABLISHED
30 0 30 60
ROYAL WAY
TOWNHOMES
GILROY, CA
HOCHHAUSER BLATTER
ARCHITECTURE AND PLANNING
SHEET NO:
SHEET NAME:
PROJECT NO:
DATE:
SCALE:
DRAWN | CHECKED:
REVISIONS:
PROJECT:
NO.DESCRIPTIONDATE
ISSUANCE:
PLANNING SUBMITTAL
JB/LF
AS SHOWN
04/26/2022
21.005
F:\PRODUCTION\Projects\2021\21.005\CAD\21005_L-3.0 Irrigation.dwg 4/26/2022Irrigation Plan
L-3.0
GEOTECH REPORT: SITE SOILS
QUANTUM GEOTECHNICAL INC. - August 13, 2021
9.3.c
Packet Pg. 390 Attachment: Civil and Landscape Plans (4030 : Royal Way Townhomes)
9.3.d
Packet Pg. 391 Attachment: Street Name Exhibit (4030 : Royal Way Townhomes)
Community Development
Department
7351 Rosanna Street, Gilroy, California 95020-61197
Telephone: (408) 846-0451 Fax (408) 846-0429
http://www.cityofgilroy.org
DATE: October 6, 2022
TO: Planning Commission
FROM: Kraig Tambornini, Senior Planner
SUBJECT: Royal Way Townhomes, Located at 6680-6687 Royal Way, APN
799-44-93, 94, 95, 96, 97, 98, 101, 109 & 110, Z 21-05; TM 21-04
and AS 21-17 (# 21090001, 21090002 & 20190003).
RECOMMENDATION:
Staff has analyzed the proposed project, and recommends that the Planning
Commission:
a) Adopt a resolution recommending that the City Council approve the Zone
Change request Z 21-05; and
b) Adopt a resolution recommending that the City Council approve the Vesting
Tentative Map request TM 21-04; and
c) Adopt a resolution recommending that the City Council approve the
Architectural and Site Review Permit AS 21-17.
PROJECT DESCRIPTION:
The project proposes to develop 3.37 total acres of vacant land, between Royal Way
and Uvas Creek levee and trail, with 45 two-story townhomes in 11 buildings. The units
would be for sale, market rate housing and consist of six (6) 3-bedroom units and 39 2-
bedroom units.
The 3-bedroom units average 1,300 square feet in size and 2-bedroom units average
1,200 square feet in size. Each townhome includes a two car garage, front yard and
private patio area. Project features and amenities include an onsite recreational
playground, 12 guest parking spaces, on-site and offsite landscaping, perimeter
pathway, fencing and outdoor courtyard area. The project also includes landscaping on
the Gilroy Unified School District property to the west, and in the parkstrip on Royal
Way. The site is relatively level and would result in approximately 3,000 cubic yards of
soils removal to accommodate site development.
The property is permitted for medium density residential development and zoned R3
multi-family residential. The Planned Unit Development (PUD) overlay is proposed to
9.3.e
Packet Pg. 392 Attachment: Planning Commission Resolutions and Staff Report [Revision 1] (4030 : Royal Way Townhomes)
2
permit individual townhome lots with deviations to side and front setback standards
along the exterior boundary. The tentative map is required to create individual lots for
each unit. The architectural and site review permit is required to approve all site and
building design details, consistent with the PUD overlay. The site could otherwise
develop as an apartment complex, subject to administrative review, without the PUD
rezoning and Tentative Map.
BACKGROUND:
Subject Property and Surrounding Land Uses: The site and surrounding land uses
are as follows:
LOCATION EXISTING LAND USE GENERAL PLAN ZONING
Project Site Vacant Medium Density R3
North Multi-family Medium Density R1&R3
South Levee trail Park and Recreation OS
East Single-family Low Density R1
West Gilroy High School Public/Quasi Public PF
Background Information: This site was rezoned from R2 to R3 zoning in 1983. Prior
applications for development were reviewed in 2007 and again in 2015. The applicant
submitted the subject project for preliminary review in 2021. This application responds
to preliminary review comments provided on 3/19/21. The formal submittal was made
on 10/4/21 and complete for processing on 7/29/22.
Environmental Determination: Pursuant to Section 15183 of the California
Environmental Quality Act, projects that are consistent with the general plan do not
require additional environmental review except as might be necessary to examine
whether there are particular project-specific significant effects. Staff has investigated the
site and concludes that project qualifies for an infill exemption pursuant to section 15332
of the CEQA Guidelines, and no further environmental analysis is required, as follows:
a) The project is consistent with the applicable general plan designation and all
applicable general plan policies as well as with applicable zoning designation and
regulations.
b) The proposed development occurs within city limits on a project site of no more
than five acres substantially surrounded by urban uses.
c) The project site has no value as habitat for endangered, rare or threatened
species.
d) Approval of the project would not result in any significant effects relating to traffic,
noise, air quality, or water quality.
e) The site can be adequately served by all required utilities and public services.
f) There are no significant effects peculiar to this site.
Filing of a Notice of Exemption (NOE) is not mandated. However, this would reduce the
statute of limitations for legal challenges under CEQA, from 180 days to 35 days. No
further assessment is necessary for this proposal. It is anticipated that a Notice of
Exemption will be filed for the project.
9.3.e
Packet Pg. 393 Attachment: Planning Commission Resolutions and Staff Report [Revision 1] (4030 : Royal Way Townhomes)
3
DISCUSSION AND ANALYSIS:
General Plan Consistency: The 2040 General Plan requires development of the site
to be completed with the density range of 8 to 20 units per net acre. The site is 3.37 net
acres, and has no public rights of way or dedications required. Based on this site area,
the property has a permitted density range of 30 to 68 units. Therefore, the 45 unit
project size is within the required density range. Specific goals and policies relevant to
this site are further discussed as follows:
General Plan Policy/Goal Consistency Analysis
LU 1.1 Pattern of Development. Ensure
an orderly, contiguous pattern … that
prioritizes infill…
Complies. The project integrates with the
neighborhood.
LU 3.1 Existing Neighborhoods. Maintain
and enhance the quality of existing
residential neighborhoods, …
Complies. The project enhances the neighborhood
quality.
LU 3.2 Connectivity. Encourage new
residential development to promote
walking and connectivity between blocks
Complies. The site provides connectivity to public
sidewalks.
LU 3.3 Building Orientation. Encourage
new residential development to orient
buildings toward streets or public spaces
to actively engage the community and
provide complete neighborhoods.
Complies. Buildings orient to common paths and
streets.
LU 3.5 Neighborhood Infill. Encourage
infill developments that enhance
neighborhood quality and respond to
community input in the planning and
design of infill projects …
Complies. Buildings facing Royal Way are designed
smaller with driveways to relate well with the
neighborhood.
LU 3.6 Attached housing. Require new
development projects located within the
Medium Density … land use designations
to provide attached dwelling units.
Complies. The project proposes attached units.
LU 3.8 Multi-family design policy.
Encourage new multi-family development
to incorporate distinctive site and
architectural design that also respects
existing and surrounding uses.
Complies. Objective Design Standards are addressed
and the project is designed to respect the predominant
development pattern and adjacent property setbacks.
H 1-1 Encourage provision of a variety of
housing options for residents.
Substantially Complies. Housing Element Table 13-17
single family attached represented 6.9% of the housing
stock with the majority detached single-family, and
market rate townhomes provide another home
ownership option.
H 4-1 Promote homeownership
opportunities.
Substantially Complies. Attached townhomes provide
additional opportunity for entry into homeownership.
H 4-2 Encourage provision of new
affordable housing.
Not Applicable. The developer has elected to proceed
with by right market rate housing conforming to the site
density allowance, thus no affordable housing is
required.
9.3.e
Packet Pg. 394 Attachment: Planning Commission Resolutions and Staff Report [Revision 1] (4030 : Royal Way Townhomes)
4
M 1.8 Street landscaping. Require
landscaping as a part of all new street
design, including street trees, landscaped
medians and buffers, and high-quality
street furniture.
Complies. Street trees are provided as required by
policies M 1.8 and PFS 7.5.
M 4.2 Transit and development. Require
new development to fully accommodate,
enhance, and facilitate public transit,
including pedestrian and bicycle access
Not Applicable. The project does not affect bus service
or routes. A VTA Route 86 bus stop is within 0.25
miles, at Princevalle St & Johnson Way.
PFS 3.6 Water infrastructure. Ensure that
water infrastructure is in place or required
in conditions prior to approving.
Complies. Water lines are located at the Royal Way
frontage. Capacity for General Plan buildout remains
sufficient. Service would be extended to the site by the
developer.
PFS 4.3 Timing of development. Require
adequate wastewater treatment capacity
is … in place
Complies. Sewer lines exist along the site frontage.
Capacity for General Plan buildout is sufficient. Service
would be extended into the stie by the developer.
PFS 8.5 Undergrounding. Require the
undergrounding of utilities in areas of the
City undergoing redevelopment or
significant construction.
Complies. There are no existing or new above ground
power or telephone lines with this project.
PFS 9.3 Development review. Include
Police Department in development review
to ensure crime and safety issues are
addressed
Complies. The project has been reviewed by all
departments and agencies that would serve the
development, including Police, and requirements are
met.
PFS 10.8 Fire access design and building.
Require new development to include fire-
resistant landscaping & building materials
and adequate fire equipment access
Complies. Building materials and landscaping as
proposed and conditioned comply with all fire code
requirement.
PR 1.4 Parkland standard. Maintain the
City’s established standard of five acres of
developed park land per thousand
population.
Complies. The project is not suitable for public
parkland use. The City has planned for its park needs
in the Parks Master Plan and will collect Facilities
impact fee per unit to fund improvements.
NCR 1.8 Native nesting birds. Protect
native nesting birds, protected by
Migratory Bird Treaty Act and Fish and
Game Code
Complies (as conditioned). Standard conditions require
surveys to be conducted prior to start of construction
during the nesting season
NCR 1.10 Light pollution. Encourage
measures to limit light pollution from
outdoor sources, and direct outdoor
lighting downward and away from wildlife
habitat areas
Complies. A photometric plan has been provided that
shows residential level lighting sufficient for safety and
security, with an average 0.44-footcandle on the
private streets; with lighting required to be shielded
downward to avoid spillover or glare.
NCR 3.3 Shade tree program. Increase
community-wide use of shade trees to
decrease energy use associated with
building cooling
Substantially Complies. The project includes significant
tree planting which will contribute to site and building
cooling.
NCR 5.3 Archaeological resources.
Ensure all ground-disturbing activities
protect archaeological resources if
discovered during excavation.
Complies (as conditioned). Though the site has a low
risk for discovery, standard conditions of approval
require work to halt if remains or artifacts are
uncovered, in compliance with state law.
Notes: The City is in the process of updating its Housing Element which will address
new state housing allocation numbers. This site is included as site M-4 on the 12-7-21
Vacant Land Survey. Some useful links relevant to the information in this table are as
follows:
9.3.e
Packet Pg. 395 Attachment: Planning Commission Resolutions and Staff Report [Revision 1] (4030 : Royal Way Townhomes)
5
www.cityofgilroy.org/274/2040-General-Plan
www.cityofgilroy.org/DocumentCenter/View/9058/2015--2023-Housing-Element?bidId=
www.cityofgilroy.org/DocumentCenter/View/12571/Vacant-Land-Survey-12-07-
2021?bidId=
www.cityofgilroy.org/DocumentCenter/View/11630/2020-Annual-Housing-Element-
Progress-Report-
Zoning Code Conformance: Review of the project requests for planned development
zone change, tentative map and architectural and site plan permit is provided as
follows:
Zoning and PUD Standards Analysis
Pursuant to zoning code chapter 30.26, the PUD planned unit development combining
district allows diversification in development standards that promote unified plann ing
and development, economical and efficient land use, a higher standard of amenities,
creative design, and upgrading of the urban environment. Development standards are
established through issuance of a PUD permit per chapter 30.50.50.
The project proposes the following deviations from the base R3 medium density
residential zoning (with setbacks measured from nearest building edge to exterior site
boundary, and shown on plan Sheet A 1.1):
Standard Required Proposed
Lot Size 8,880 square feet N/A to townhome lots
Front Setback (*) 26’ from face of curb 24’ min to 30’ max
Cul de Sac Setback (*) 21 feet from face of curb 20’4” min
Street Side Setback 12 feet 14’1” min
Interior Side (*) 12’ 6’ min (19’ typ.) west side
adjacent to Gilroy HS
10’3” min (17’ typ.) east side
backing to SFR
Rear Setback 15 feet 16’5” min.
Building Height 45 feet/3 stories 26’+/- and 2 stories typ.
Parking (Ch 30.31) Two (2) 10’x20’ spaces; one of
which is covered, plus 1 foot for
obstructions (e.g., min 22’ wide by
20’ deep 2 car garage)
Units propose two car garages
with typically one standard
10’x20’ and one compact 8’x17’
space, plus space for 2 cars in
the private driveway.
Guest Parking 12 spaces (1 per 4 units) 12 spaces, including one
accessible space
Landscaping (Ch
30.38)
All yard areas must be landscaped
with no more than 50% paving in
the front yard.
The project complies. See
Architectural and Site Review
Permit discussion below
Multifamily Design Compliance with Objective Design
Standards (ODS)
The project complies. See
Architectural and Site Review
Permit discussion below
R3 Site and Design
Standard (Sec 30.7.50)
Provide 6 foot building separation,
and 80% of ground floor units with
150sf private yard area
All buildings and units meet or
exceed this standard.
Note: The asterisk (*) in the Standards column indicates a PUD deviation from base R3
zoning is proposed. This applies to the Front, Cul-de-sac and Interior setbacks (as
9.3.e
Packet Pg. 396 Attachment: Planning Commission Resolutions and Staff Report [Revision 1] (4030 : Royal Way Townhomes)
6
measured from building to perimeter boundary).
Staff recommends support of the PUD overlay and development standards as
consistent with Chapter 30.26 and Section 30.50.50 for the following reasons:
1) The single-family attached development is consistent with the general plan
density, policies, and land use designations as it provides additional home
ownership possibilities in the community.
2) The deviations to R3 standards would provide compliant parking and be
harmonious with the existing neighborhood development pattern.
3) The project proposes high quality design details and building materials.
4) The project includes a higher standard of amenities which includes:
• The project proposes to install and maintain landscaping between the site
and Gilroy High School tennis courts, to enhance and maintain visibility of
this area from the development.
• Visible and attractive community walkways and gathering areas placed
throughout the site that meet or exceed the City Objective Design Standards,
with orientation of units to these active outdoor areas.
• High quality open view fencing along the perimeter, attractive low front yard
fencing and consistent fencing for private yard areas.
• Quality building materials and details that meet or exceed the City Objective
Design Standards. And,
• Proposed placement of public art at the community open space/gazebo .
Architectural and Site Review Analysis
In addition to the PUD requirements above, the building designs and site plan must
comply with the criteria listed in Section 30.50.40. The project addresses this review
criteria, as follows:
a) Traffic Safety and efficiency. The project has been evaluated by police, fire, and
public works to ensure the street circulation, driveways, and access meet city
standards. The proposed internal private street design is considered efficient and
acceptable for emergency access and the volume of traffic anticipated for the
small infill development.
b) Signage. The project does not currently include specific building identification
signage details. If a monument or wall identification sign is requested, a separate
sign permit would be required. Such signage must match the complex design,
not exceed 24 square feet in area, height of 6 feet, indirectly illuminated and
setback at least 10 feet from the property line. Addressing for the building would
be provided in compliance with City fire code requirements.
c) Site Development. The project is broken into a series of buildings, with smaller
building groups along Royal Way, and accent concrete paving at the
intersections which would enhance the aesthetic appeal of the drive aisles.
d) Landscaping. The project includes a detailed landscape plan for all yard areas
that includes a variety of plants and trees, native and compatible species, water
efficient planting and irrigation. Landscape area totals approximately 0.88 acres.
More than 35 percent of landscape areas would be usable outdoor space with
private patio areas, front yard space, outdoor gathering and recreation areas,
and pedestrian walkways throughout the project. Comments from Valley Water
agency have been included as conditions regarding removal of trees that could
conflict with an easement along the rear of the site, and with recommendation
9.3.e
Packet Pg. 397 Attachment: Planning Commission Resolutions and Staff Report [Revision 1] (4030 : Royal Way Townhomes)
7
regarding certain tree species.
e) Stormdrainage. The project has been designed to incorporate stormdrainage
facilities in compliance with state and local regulations. The plan would not result
in any loss of ornamental landscaping to accommodate stormdrainage features/
f) Fire Protection. The site has been designed and conditioned to ensure fire safety
and access would be accommodated.
g) Environmental Impacts. The vacant urban infill site has no environmental
characteristics or concerns on the property. Further, the project is subject to
review for compliance with the Santa Clara Valley Habitat Plan, pursuant to the
City Code. A Habitat Permit application has been filed and the project will be
required to pay its share of habitat mitigation fees as required by the plan.
Completion of the application process is required as a standard condition of
approval.
The project also must conform to the City Objective Design Standards. The project is
considered to be in substantial conformance with these additional standards as
summarized below:
Standard Discussion
Entryways Front entries are oriented to common areas and active landscape areas, with
covered porch areas.
Garage Doors Garages do not face the street and are appropriately detailed as shown on
detail 1 of sheet A4.4
Massing Breaks Massing breaks are provided exceeding parameters as set forth in the
Objective Design Standards as shown in detail 2 and 6 of plan sheet A4.4
Roofline Rooflines provide differentiations in pitch and steps exceeding 4 ft. between
porch roof forms and upper roofs. See sheet A5.3 images and elevations A3.7,
A3.8, A3.9
End Units Design employs mass break and articulation as shown on sheet A3.1a
Balconies,
Patios, Porches
Ground floor residential units and upper floor residential units include a
balcony, patio, porch, or stoop, with 48 square feet of area.
The project consists of two story townhomes which provide individual yards
with patio areas, covered entry porch areas and balconies for all units that
would exceed the 48 square feet area. The units along the exterior boundary
have large yard areas that would face a common pathway encircling the
complex. The units on Royal Way would have larger private yard areas.
Windows, Doors Windows and Doors are recessed per details 2 and 6 of sheet A4.4
Storage Every Unit has personal outdoor storage space identified in the garage area.
Materials, Colors The primary wall finish consists of quality materials and at least two materials
on each elevation. A universal color system is proposed as shown on
elevations and material board.
Pedestrian
Circulation
The project is internally connected with pedestrian pathways.
Parking Parking is provided for each unit, guest parking is dispersed throughout the
complex, and landscape islands are provided for plants and trees.
Bicycle Parking Bicycle parking pads and racks are adequately provided throughout the
community, per detail 2 sheet A4.5
Public Art Public Art area is allocated at north of Gazebo/Community space identified on
site plan. A standard condition of approval requires the details to be reviewed
and recommended by the Arts and Culture Commission.
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Outdoor
Amenities
Two active areas of 800 sf total and two passive areas of 400 sf total area
required amenities. The project includes a 2400 sf play area with two play
modules, a 1500 sf gazebo, 4,000 sf picnic area in visible and accessible
locations along with benches and picnic tables in open space areas.
Lighting All structures, entries, parking areas, refuse enclosures, active
outdoor/landscape areas, and pedestrian pathways include dusk to dawn
lighting for safety and security.
Refuse Areas Each building has a pad adjacent to the street for trash pickup service and
would otherwise be stored in dedicated space in the garage.
The full list and text of the ODS are available at the following city webpage/link:
https://www.cityofgilroy.org/DocumentCenter/View/12377/Objective-Design-
Standards?bidId=
Zoning Review Summary:
Based on the analysis above, staff recommends approval of the project with conditions .
This includes Valley Water Districts requested changes to the landscape plan as
follows:
• Olive tree species shall be replaced with a less invasive tree, to avoid seedlings
entering the creek channel (as recommended by Valley Water).
• Trees shall be removed from the Valley Water pipeline easement. This potentially
impacts three trees located behind Building D and the recreation lot (as
recommended by Valley Water).
Tentative Map Analysis: Consistent with Section 21.41(a) of the City Code, tentative
maps must be recommended by the Planning Commission and approved by the City
Council. The tentative map was distributed to the various departments and utility
agencies that would review and serve the project. As proposed and conditioned it has
been concluded that the project layout, design and circulation comply with applicable
standards, would not conflict with existing easements, results in an orderly pattern of
development, and is consistent with the medium density land use designation . Criteria
considered to reach this conclusion include the following:
a) Flood Zone: The site is located in Flood Zone X, which is not a Special Flood
Hazard Area.
b) Site Layout: The site proposes an orderly pattern of development of roads and
buildings in compliance with City standards.
c) Design and Size of Lots: The townhome lots are appropriate and of sufficient size
and geometry to accommodate their buildings and other improvements.
d) Density: The project facilities the multi-family development within the required 8-
20 unit per acre density range.
e) Circulation: Each resulting parcel will have access from interior private streets.
f) Open Space: There are adequate open space areas and setbacks provided in
compliance with City requirements.
g) Improvements: Utilities will be extended into the site from Royal Way to serve the
development in compliance with City codes and standards.
h) Property Dedications and Easements: The tentative map identifies all required
easements and dedications and as proposed and conditioned will not result in
any conflicts with easements.
i) Transportation: The project provides connections with existing public sidewalks
and will incorporate bicycle parking throughout the complex in compliance with
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9
City requirements.
Findings of approval are required pursuant to Gilroy City Code Section 21.41 and the
Subdivision Map Act section 66474. Based on the discussion herein, staff supports a
recommendation of approval by the Planning Commission subject to the findings and
conditions of approval included in the Resolution attached to this report. A tentative map
is valid for twenty-four (24) months and may be extended for up to three additional
years.
INTER-DEPARTMENTAL/AGENCY REVIEW:
Project plans were routed to Engineering, Building, Police, Fire representatives, the
Gilroy Unified School District, Santa Clara Valley Water, Valley Transit Authority and
other service agencies for review and comment. Recommendations received have been
incorporated into the project plans or included as conditions in attached resolution(s).
PUBLIC NOTICING:
Property owner information (i.e. list, labels, and map) within 500 feet of the subject site
were generated by the application using Data Pro which is based on current ownership
data. By September 23rd, notices of this Planning Commission meeting were mailed to
the property owners along within other interested parties, published in the Gilroy
Dispatch, and posted on-site. In addition, the Planning Commission public hearing
packets are available through the City's webpage.
APPEAL PROCEDURE:
The Planning Commission's action is not final, but rather a recommendation. As such,
the matter will be considered by the City Council at a later date.
Attachments:
1. Vicinity Map Royal Way
2. Architectural Plans
3. Civil and Landscape Plans
4. Vesting Tentative Map Sheet
5. Street Name Exhibit
6. Z 21-05 PC Resolution
7. AS 21-17 PC Resolution
8. TM 21-04 PC Resolution
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Packet Pg. 400 Attachment: Planning Commission Resolutions and Staff Report [Revision 1] (4030 : Royal Way Townhomes)
RESOLUTION NO. 2022-14
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GILROY
RECOMMENDING TO THE CITY COUNCIL APPROVAL OF ZONE CHANGE Z
21-05, AMENDMENT FROM R3 TO R3-PUD TO APPROVE A 45 UNIT
TOWNHOME DEVELOPMENT ON 3.37 ACRES AT ROYAL WAY, APN 799-44-
93, 94, 95, 96, 97, 98, 101, 109 & 110, GILROY, CA 95020.
WHEREAS, on October 4, 2021, Michael Cady, Third Millennium Partners and property
owner Paul Sanders, TMP Royal Way, LLC filed an application requesting architectural and site
review, tentative map, and planned unit development rezoning to permit a 45 unit townhome
project on the subject 3.37 acre vacant in-fill site located on Royal Way and the Uvas Creek Trail;
and
WHEREAS, on July 9, 2022, the application submittal was accepted as complete; and
WHEREAS, the project has been reviewed and determined to qualify for an infill
exemption pursuant to the provisions of the California Environmental Quality Act (CEQA); and
WHEREAS, pursuant to Gilroy City Code Section 30.26.50 and Section 30.50.50, the
Planning Commission and City Council must approve the planned unit development (PUD)
rezoning request and a planned development permit prior to development under the PUD overlay;
and
WHEREAS, the Planning Commission of the City of Gilroy has concurrently reviewed
architectural and site plan review application AS 21-17, which serves as the approved PUD
development plan, to assure that quality design elements and public amenities are included as required
for development within the PUD overlay; and
WHEREAS, the Planning Commission of the City of Gilroy has concurrently reviewed the
vesting tentative map application TM 21-04, as necessary to subdivide the property into individual
townhome lots for sale consistent with the PUD rezoning and development plan approvals; and
WHEREAS, on October 6, 2022, the Planning Commission of the City of Gilroy held a duly
noticed public hearing on the project, independently considered the environmental determination,
considered the Planned Unit Development request (Z 21-05) in accordance with the Gilroy Zoning
Ordinance, staff report, and all evidence received including written and oral public testimony; 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; and
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Resolution No. 2022-14
Page 2
WHEREAS, the Planning Commission of the City of Gilroy has determined that the project
qualifies for an infill exemption under the California Environmental Quality Act, pursuant to section
15332 of the CEQA Guidelines, and no further environmental analysis is required, as follows:
i) The project is consistent with the applicable general plan medium density land use
designation, all applicable general plan policies that promote attached medium density
development of the site as proposed, and CEQA Guidelines Section 15183 that states the no
additional environmental review is for a project consistent with the general plan where there
are no particular project-specific significant effects.
ii) The project is substantially consistent with the base R3 zoning designation and regulations,
with flexibility to the zoning standards that have been considered and approved through the
PUD overlay process in order to permit attached townhome development consistent with the
General Plan.
iii) The proposed development occurs within city limits on a project site of no more than five
acres which is substantially surrounded by urban uses.
iv) The site has no value as habitat for endangered, rare or threatened species.
v) Approval of the project would not result in any significant effects relating to traffic, noise, air
quality, or water quality and proposes development anticipated by the General Plan and
General Plan EIR.
vi) The site can be adequately served by all required utilities and public services which ae
available at the street frontage.
vii) There are no significant effects peculiar to this site which is a vacant infill site that was
previously approved for residential development and has no unique constraints or habitat
conditions.
WHEREAS, the Planning Commission of the City of Gilroy has determined that the following
findings are supported, as necessary pursuant to Chapter 30.26 and Article LII, for establishment of
the Planned Unit Development overlay combining district:
i) The R3PUD overlay conforms to the applicable Gilroy General Plan in that it promotes
attached medium density residential development at 13.35 units per acre, consistent with the
Medium Density Residential land use density of 8 to 20 units per acre.
ii) The PUD overlay amendment is necessary in order to carry out the applicable general plan
goals and policies in that it would provide an attached housing ownership option that complies
with applicable multi-family objective design standards, provides a type of development that
would integrate well within the existing neighborhood which contains a mixture of multi-
family and single family development, and meets the medium density general plan land use
density established for the site.
iii) The PUD overlay amendment is necessary in order to carry out the general purpose of the
Zoning Ordinance in that it would promote development of high quality, medium density,
ownership housing options within the City.
iv) As required by the overlay combining district, Architectural and Site Review Permit AS 21-17
has been submitted and considered concurrently as the PUD development plan for this PUD
zoning amendment.
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Resolution No. 2022-14
Page 3
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Gilroy
hereby recommends to the City Council approval of Z 21-05, amending Assessor Parcel No’s 799-44-
93, 94, 95, 96, 97, 98, 101, 109 and 110 from the R3 to the R3-PUD zone district, for the Royal Way
Townhomes project, subject to the development as proposed by the concurrent and related site
development plan applications AS 21-17 and TM 21-04, or as otherwise permitted under the R3 base
zoning district standards should these related entitlements expire.
PASSED AND ADOPTED this 6th day of October by the following roll call vote:
AYES: Elle, Kushner, Lewis, Moreno
NOES: Leongardt
ABSENT: Bhandal
ATTEST: APPROVED:
_________________________________ __________________________________
Sharon Goei, Secretary Annedore Kushner, Vice Chair
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1
RESOLUTION NO. 2022-15
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GILROY
RECOMMENDING TO THE CITY COUNCIL APPROVAL OF VESTING
TENTATIVE MAP TM 21-04 TO APPROVE A 45 UNIT TOWNHOME PLANNED
DEVELOPMENT ON 3.37 ACRES AT ROYAL WAY, APN 799-44-93, 94, 95, 96,
97, 98, 101, 109 & 110, GILROY, CA 95020.
WHEREAS, on October 4, 2021, Michael Cady, Third Millennium Partners and property
owner Paul Sanders, TMP Royal Way, LLC filed an application requesting architectural and site
review, tentative map, and planned unit development rezoning to permit a 45 unit townhome
project on the subject 3.37 acre vacant in-fill site located on Royal Way and the Uvas Creek Trail;
and
WHEREAS, on July 9, 2022, the application submittal was accepted as complete; and
WHEREAS, the Planning Commission of the City of Gilroy has determined that the
project qualifies for an infill exemption under the California Environmental Quality Act, pursuant
to section 15332 of the CEQA Guidelines, and no further environmental analysis is required; and
WHEREAS, pursuant to Gilroy City Code Chapter 21 Subdivisions, the Planning
Commission must recommend and City Council must approve a vesting tentative map
application; and
WHEREAS, the Planning Commission of the City of Gilroy has reviewed PUD zoning
amendment Z 21-05 and the related architectural and site review permit AS 21-17 by separate
resolutions, which are required to allow for the townhome development to proceed as proposed; and
WHEREAS, on October 6, 2022, the Planning Commission of the City of Gilroy held a duly
noticed public hearing on the project, independently considered the environmental determination and
the zoning and land use entitlements in accordance with the Gilroy Zoning Ordinance, considered the
staff report, and all evidence received including written and oral public testimony; 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; and
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Gilroy
hereby recommends to the City Council approval of TM 21-04, based upon findings required
pursuant to the state Subdivision Map Act Section 66474, and subject to the conditions attached
hereto as Attachment A.
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Resolution No. 2022-15
Page 2
FINDINGS TM 21-04
i) The proposed map is consistent with the general plan medium density land use designation
and general plan policies that require attached housing in the medium density residential land
use designation and promote home ownership options.
ii) The site is physically suitable for the type of development as it consists of flatland area that is
not in a flood prone location, does not have any unique physical or environmental constraints
and is designated for medium density land use at and the project is within the 8 to 20 unit per
acre density.
iii) The design of the subdivision or the proposed improvements are unlikely to cause substantial
environmental damage or substantially and avoidably injure fish or wildlife or their habitat as
the site has no creeks, streams, wetlands or any other physical or environmental constraints
and qualifies for an infill exemption pursuant to section 15332 of the California
environmental quality act.
iv) The design of the subdivision or type of improvements is not likely to cause serious public
health problems given that the utilities for the development are immediately adjacent along
the Royal Way frontage and will be extended into the site under valid grading and
encroachment permits.
v) The design of the subdivision or the type of improvements as proposed and conditioned will
not conflict with easements, acquired by the public at large, for access through or use of,
property within the proposed subdivision.
PASSED AND ADOPTED this 6th day of October by the following roll call vote:
AYES: Elle, Kushner, Lewis, Moreno
NOES: Leongardt
ABSENT: Bhandal
ATTEST: APPROVED:
_________________________________ __________________________________
Sharon Goei, Secretary Annedore Kushner, Vice Chair
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Packet Pg. 405 Attachment: Planning Commission Resolutions and Staff Report [Revision 1] (4030 : Royal Way Townhomes)
Resolution No. 2022-15
Page 3
ATTACHMENT A
STANDARD CONDITIONS OF APPROVAL
TM 21-04
Note: The following abbreviations identify the City department or division responsible for
determining compliance with these conditions. The first group listed has responsibility for
compliance at plan check, the second confirms compliance with the condition at final inspection,
prior to final occupancy or issuance of a certificate of occupancy, or as specified in the condition.
If only one group is identified, they have responsibilities from initial review through compliance
verification. In the context of these Conditions of Approval, the term “Developer” means permit
applicant, property owner, operator, permittee, lessee, and/or tenants using the space(s) for the
intended use(s). Developer shall comply with project conditions for the life of the project.
RESPONSIBLE DEPARTMENTS/DIVISIONS
BL Building Division/Inspectors PK Parks/Landscape Design
CA City Attorney PL Planning Division
CC Chemical Control Agency PW Public Works/Engineering
FP Fire Prevention TR Traffic Division
PD Police Department WW Wastewater/Source Control
PLANNING CONDITIONS
The following conditions shall be met prior to the approval of the FINAL MAP or
PARCEL MAP, or other deadline as specified in the condition.
1. RELATED ENTITLEMENTS: Approval and development of TM 21-04 for a 45 unit
townhome development shall be subject to conformance with the related PUD
rezoning Z 21-05 and PUD development plan AS 21-17.
2. TENTATIVE MAP: An approved tentative map or vesting tentative map shall
expire twenty-four (24) months from the approval date and may be extended
pursuant to the provisions of the Map Act, if the final map is not approved prior to
expiration.
3. HOMEOWNERS’ ASSOCIATION: Developer shall establish a Homeowners’
Association (HOA) for the development. The HOA shall be re sponsible for the
maintenance and enforcement of parking, private streets, landscaping, recreation
and other interior areas held in common by the HOA. Such responsibilities shall be
provided within the Covenants, Conditions, and Restrictions (CC&Rs) for the
development. The City shall review all CC&Rs prior to recordation.
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Resolution No. 2022-15
Page 4
4. COVENANTS, CONDITIONS, AND RESTRICTIONS: Any covenants, conditions,
and restrictions (CC&Rs) applicable to the project property shall be co nsistent 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.
PUBLIC WORKS CONDITIONS OF APPROVAL
The following conditions shall be met prior to the approval of the FINAL MAP or
PARCEL MAP, or if another deadline is specified in a condition, at that time.
5. 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 p arcel 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.
(PUBLIC WORKS)
6. PROPERTY IMPROVEMENT AGREEMENT (PIA): The applicant shall enter into a
public improvement agreement with the City per Gov. Code Section 66462(a) and
shall arrange to provide Payment and Performance bonds each for 100% of the
cost of public infrastructure improvements to be constructed in the public right-of-
way. These improvements shall include, but not be limited to, roadway
construction, sidewalk, curb and gutter, water lines, storm lines, sewer lines, street
lights, and signal equipment. City Standard insurance shall be provided per the
terms of the agreement. The agreement will be forwarded to the Ci ty Council for
approval with project (parcel or final) map. The PIA shall be approved by the City
Council prior to the issuance of the project building permit. (PUBLIC WORKS)
7. MONUMENTS: The applicant shall arrange for the engineer to have all
monuments set per the recorded final map. A certificate letter by the Surveyor or
Engineer will be provided to the City Engineer. (PUBLIC WORKS)
8. COVANANTS, CONDITIONS & RESTRICTIONS (CC&R): The applicant shall
prepare project Covenants, Conditions and Restrictions (CC&R) for the project.
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Packet Pg. 407 Attachment: Planning Commission Resolutions and Staff Report [Revision 1] (4030 : Royal Way Townhomes)
Resolution No. 2022-15
Page 5
The CC&Rs shall be submitted with the project map for review and approval of the
City Engineer, the City Attorney, and the Planning Manager. The CC&Rs shall
include relevant project Conditions of Approval and shall include l anguage that
restricts the Homeowner’s Association from making changes to the CC&Rs without
first obtaining approval from the City. The CC&Rs shall be reviewed and approved
prior to the City Council approval of the project map. (PUBLIC WORKS)
9. RECORD DRAWINGS: The applicant shall submit one full set of original record
drawings and construction specifications for all off -site improvements to the
Department of Public Works. All underground facilities shall be shown on the
record drawings as constructed in the field. The applicant shall also provide the
City with an electronic copy of the record drawings in the AutoCAD Version being
used by the City at the time of completion of the work. The applicant shall also
submit an AutoCAD drawing file of all consultants composite basemap linework
showing all public improvements and utility layouts. This condition shall be met
prior to the release of utilities, final inspection, or issuance of a certificate of
occupancy, whichever occurs first. (PUBLIC WORKS)
10. PAVEMENT RESTORATION: Due to the proposed development making
pavement cuts into the existing roadway, additional construction traffic, existing
pavement condition, and additional future traffic all reducing the City Pavement
Condition Index, the developer shall grind and pave Royal Way, from curb to curb,
along the project frontage (full roadway width) with a minimum 3” hot mix AC with
pavement section dig-out repairs where needed. The extent of the pavement
section dig-out repairs to be determined by the developer’s geotechnical engineer
and to be confirmed by the City Engineer. Identify this item on the first building
submittal. (PUBLIC WORKS)
11. STREET RESURFACING PRIOR TO ACCEPTANCE: Streets in the public right of
way shall be striped in paint as a final condition prior to the beginning of the one-
year warranty period. Prior to final acceptance, the applicant shall apply a Type II
slurry/microsufacing to all streets, and apply final street markings, per the
approved plans, in thermoplastic to Caltrans Sta ndards. All Type II
slurry/microsurfacing and final striping shall be to the approval of the City Engineer.
(PUBLIC WORKS)
12. STORMWATER MANAGEMENT FACILITIES MAINTENANCE AGREEMENT:
The applicant shall execute a Stormwater Management Facilities Maintenan ce
Agreement with the City Engineer as specified in Chapter 7.39.210 -230 of the
Stormwater Management and Discharge Control ordinance. The agreement shall
outline the operation and maintenance (O&M) plan for the permanent storm water
treatment facilities. The City-Standard Stormwater BMP Operation and
Maintenance Agreement will be provided by Public Works Engineering. The
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Resolution No. 2022-15
Page 6
agreement shall include the following:
a. This Agreement shall also provide that in the event that maintenance or
repair is neglected, or the stormwater management facility becomes a
danger to public health or safety, the city shall have the authority to perform
maintenance and/or repair work and to recover the costs from the owner.
b. All on-site stormwater management facilities shall be operated and
maintained in good condition and promptly repaired/replaced by the
property owner(s) or other legal entity approved by the City.
c. Any repairs or restoration/replacement and maintenance shall be in
accordance with City-approved plans.
d. The property owner(s) shall develop a maintenance schedule for the life of
any stormwater management facility and shall describe the maintenance to
be completed, the time period for completion, and who shall perform the
maintenance. This maintenance schedule shall be included with the
approved Stormwater Runoff Management Plan.
This agreement shall be executed prior to the first occupancy of the building.
(PUBLIC WORKS)
13. STORMWATER MANAGEMENT FACILITIES INSPECTION: The Stormwater
Management Facilities Maintenance Agreement work shall require inspections be
performed which shall adhere to the following:
a. To comply with the State Stormwater requirements and the NPDES permit,
the applicant shall secure a QSD or QSP to maintain all erosion control and
BMP measures during construction. The applicant’s QSD or QSP shall
provide the City weekly inspection reports to the approval of the City
Engineer.
b. Stormwater facility inspections shall be done at least twice per year, once in
Fall by October 1st, in preparation for the wet season, and once in Winter
by March 15th. Written records shall be kept of all inspections and shall
include, at minimum, the following information:
1. Site address;
2. Date and time of inspection;
3. Name of the person conducting the inspection;
4. List of stormwater facilities inspected;
5. Condition of each stormwater facility inspected;
6. Description of any needed maintenance or repairs; and
7. As applicable, the need for site re-inspection.
c. Upon completion of each inspection, an inspection report shall be submitted
to Public Works Engineering no later than October 1st for the Fall report, and
no later than March 15th of the following year for the Winter report.
d. Before commencing any grading or construction activities, the applicant
shall obtain a National Pollutant Discharge Elimination System (NPDES)
permit and provide evidence of filing of a Notice of Intent (NOI) with the
State Water Resources Control Board.
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Resolution No. 2022-15
Page 7
e. The applicant is responsible for ensuring that all contractors are aware of all
storm water quality measures and implement such measures. Failure to
comply with the approved construction BMPs will result in the issuance of
correction notices, citations or a project stop order.
f. Sequence of construction for all stormwater facilities (bioswales, detention/
retention basins, drain rock, etc.) shall be done toward final phases of
project to prevent silting of facilities and reduce the intended use of the
facilities.
g. Prior to final inspection, all stormwater facilities will be tested by a certified
QSP or QSD to meet the minimum design infiltration rate. All tests shall be
made at on 20 ft x 20ft grid pattern over the surface of the completed
stormwater facility unless otherwise approved by the City Engineer.
All soil and infiltration properties for all stormwater facilities shall be evaluated by
the geotechnical engineer. Percolation tests (using Double Ring Infiltrometer
Testing with appropriate safety factors) at horizontal and vertical (at the depth of
the stormwater facility) shall be conducted for each stormwater facility. A 50%
safety factor shall be applied to the calculated percolation test and shall be used
as the basis for design (the design percolation rate). The geot echnical report shall
include a section designated for stormwater design, including percol ation results
and design parameters. (PUBLIC WORKS)
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1
RESOLUTION NO. 2022-16
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GILROY
RECOMMENDING TO THE CITY COUNCIL APPROVAL OF
ARCHITECTURAL AND SITE REVIEW PERMIT AS 21-17 TO APPROVE A 45
UNIT TOWNHOME PLANNED DEVELOPMENT ON 3.37 ACRES AT ROYAL
WAY, APN 799-44-93, 94, 95, 96, 97, 98, 101, 109 & 110, GILROY, CA 95020.
WHEREAS, on October 4, 2021, Michael Cady, Third Millennium Partners and property
owner Paul Sanders, TMP Royal Way, LLC filed an application requesting architectural and site
review, tentative map, and planned unit development rezoning to permit a 45 unit townhome
project on the subject 3.37 acre vacant in-fill site located on Royal Way and the Uvas Creek Trail;
and
WHEREAS, on July 9, 2022, the application submittal was accepted as complete; and
WHEREAS, the Planning Commission of the City of Gilroy has determined that the
project qualifies for an infill exemption under the California Environmental Quality Act, pursuant
to section 15332 of the CEQA Guidelines, and no further environmental analysis is required; and
WHEREAS, pursuant to Gilroy City Code Section 30.50.40 and Section 30.50.50, the
Planning Commission must recommend and City Council must approve a planned development
permit prior to development under the PUD overlay, and approve the site and building design for
medium density housing; and
WHEREAS, the Planning Commission of the City of Gilroy has reviewed the PUD zoning
amendment Z 21-05 by separate resolution, to assure that quality design elements and public
amenities are included as required for development within the PUD overlay; and
WHEREAS, the Planning Commission of the City of Gilroy has concurrently reviewed the
vesting tentative map application TM 21-04, as necessary to subdivide the property into individual
townhome lots for sale consistent with the PUD rezoning and development plan approvals; and
WHEREAS, on October 6, 2022, the Planning Commission of the City of Gilroy held a duly
noticed public hearing on the project, independently considered the environmental determination and
the zoning and land use entitlements in accordance with the Gilroy Zoning Ordinance, considered the
staff report, and all evidence received including written and oral public testimony; 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; and
NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission of the
City of Gilroy hereby recommends to the City Council approval of AS 21-17, based upon the
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following findings and subject to the conditions attached hereto as Attachment A, with further
recommendations that the following items be explored or included as conditions of the approval:
1) Explore installation of temporary fencing during construction to control dust.
2) Change garage door colors to a lighter tone.
3) Include additional window treatments such as recessing windows, adding a sill and or
shutters.
4) Consider providing privacy trees between the project and neighboring residences to
the east.
5) Explore need for a water curtain between the project and open space preserve if
needed for fire safety.
FINDINGS
i.) The findings required under Section 30.50.50 for approval of AS 21-17 PUD development
plan are satisfied as follows:
a. Conforms to the Gilroy general plan in terms of general location and standards of
development in that it proposes attached housing at 13.35 units per net acre which
complies with the medium density residential range of 8 to 20 units per net acre, and
the housing will integrate with the existing neighborhood which is primarily
comprised of two story multi-family and single-family homes.
b. Provide the type of development which will fill a specific need of the surrounding
area, in that it promotes additional home ownership opportunities within the City as an
option to the more predominant single family housing supply.
c. Not require urban services beyond those which are currently available at Royal Way to
serve the infill development site.
d. Provide a harmonious, integrated plan for an attached housing product that will
integrate with the neighborhood, implement the desired density, and provide desired
amenities, which justifies the few minor exceptions requested for exterior boundary
side yard and front yard setbacks to the normal requirements of the R3 zoning district.
e. Reflect an economical and efficient pattern of site development by providing a mix of
two and 3 bedroom units approximately 1200 to 1300 square feet in size that comply
with density, open space, landscaping, parking and height standards and integrate with
the neighborhood development pattern.
f. Include greater provisions for landscaping and open space than would generally be
required in that the project includes private yard areas for each home exceeding the
150 square foot minimum, minimum patio, porch and balcony areas that exceed the 48
square foot area, active and passive recreation areas that significantly exceed the 1200
sf combined total required, and landscaping and maintenance of property on the Gilroy
High School would be included to ensure the area would be visible and attractive.
g. Utilize creative, aesthetic design principles to create attractive buildings, open space
and site design to blend with the character of surrounding areas in that the project
includes stepbacks and setbacks from adjacent residences with perimeter walkways to
provide for increased privacy and open space between the adjoining units, and
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attractive buildings that would face the Uvas Creek Trail and Royal Way frontage so
that the buildings do not back onto public space.
h. Not create traffic congestion, noise, odor, or other adverse effects on surrounding
areas, as the project consists of a small infill development in an existing residential
neighborhood that would not generate a significant or unusual number of vehicle trips.
i. Provide adequate access, parking, landscaping, trash areas and storage, as necessary as
these features have been planned for an integrated into the plan in compliance with
standards.
j. Include art as an additional public amenity consistent with the intent of the PUD
overlay district as well as the City of Gilroy Multifamily Objective Design Standards.
ii.) The findings required under Section 30.50.40 for approval of AS 21-17 site and building
design are satisfied as follows:
a. The medium density development is in accordance with the general plan land use
designation and applicable policies as discussed in finding i) a above.
b. The land use is in harmony with the surrounding environment as the size, placement,
orientation and design of homes would compatible with the type and scale of existing
development in the neighborhood which includes two story single and multifamily
development, units face onto public areas and open spaces, the buildings and
landscaping details provide detailed architecture and dense landscaping with trees, and
the project will promote private home ownership in the area.
c. The project has been reviewed to ensure traffic, signs, site development, landscaping,
drainage, fire protection and environmental impacts were adequately evaluated by all
departments and the project meets or exceeds the standards as discussed in the
detailed project staff report.
d. Conditions have been included as part of the approval to ensure construction of the
project including landscaping, trash areas, lighting, screening design quality will be
maintained and remain covered by these findings.
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
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ATTACHMENT A
STANDARD CONDITIONS OF APPROVAL
AS 21-17
Note: The following abbreviations identify the City department or division responsible for
determining compliance with these conditions. The first group listed has responsibility for
compliance at plan check, the second confirms compliance with the condition at final inspection,
prior to final occupancy or issuance of a certificate of occupancy, or as specified in the condition.
If only one group is identified, they have responsibilities from initial review through compliance
verification. In the context of these Conditions of Approval, the term “Developer” means permit
applicant, property owner, operator, permittee, lessee, and/or tenants using the space(s) for the
intended use(s). Developer shall comply with project conditions for the life of the project.
RESPONSIBLE DEPARTMENTS/DIVISIONS
BL Building Division/Inspectors PK Parks/Landscape Design
CA City Attorney PL Planning Division
CC Chemical Control Agency PW Public Works/Engineering
FP Fire Prevention TR Traffic Division
PD Police Department WW Wastewater/Source Control
PLANNING CONDITIONS
The following GENERAL conditions authorize specific terms of the project
ENTITLEMENT(S).
1. APPROVED PROJECT: The approval for AS 21-17 is granted to construct 45 two
story townhomes in 11 buildings with associated parking, landscaping, amen ities
and site improvements located on the 3.37 acres of land at Assessor Parcel No.
799-44-93, 94, 95, 96, 97, 98, 101, 109 & 110 ,as shown on Project Plans dated
4/26/22 3rd planning submittal for Royal Way Townhomes prepared by Hochhauser
Blatter Architecture and Planning, BFS Landscape Architects and Civil Design
Studio, and consisting of 49 sheets.
Build-out of the project shall conform to the plans, except as otherwis e specified in
these conditions. Any future adjustment or modification to the plan s, 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, includin g
subsequent City Code requirements or policies adopted by City Council.
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2. PERMIT EXPIRATION: The expiration date of this approval shall be concurrent
with the Vesting Tentative Map TM 21-04. If building permits have not been
obtained within 12 months after the Final Map is recorded, the approval shall be
deemed automatically revoked. Upon application, an extension of time may be
granted by the Community Developm ent Director or designee. Should Developer
intend to request an extension to the permit expiration date, Developer must
submit to the Planning Division a written application with applicable fees prior to
the expiration date. Only timely requests may be con sidered pursuant to the City
Code.
3. RELATED ENTITLEMENTS: This entitlement represents the approved
development plan for Z 21-05, R3-PUD rezoning. Subdivision of the site into
individual townhomes may be permitted consistent with approval TM 21 -04.
4. 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.
5. 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 ap proval of such resolution that were part of
the approval process.
6. WATER LIMITATIONS: Developer shall be advised that the approval is subject to
the drought emergencies provisions pursuant to the Gilroy City Code Chapter
27.98.
7. SINGLE-PHASE DEVELOPMENT: Construction of the project shall be done in a
single-phase unless a phased construction project schedule is approved by the
Community Development Director or designee.
The following conditions shall be addressed prior to issuance of any BUILDING
PERMIT, GRADING PERMIT or IMPROVEMENT PLAN, whichever is first issued, or as
otherwise specified in the condition.
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8. CONDITIONS OF APPROVAL: Developer shall include a plan sheet(s) that
includes a reproduction of all conditions of approval of this permit, as adopted by
the decision-maker.
9. CERTIFICATION OF BUILDING PERMIT PLANS: The project architect shall
certify in writing that the architectural design shown in the building permit plans
match the plans approved by the Community Development Director or
designee/Planning Commission/City Council. Any changes must be clearly noted.
The project architect shall also certify that the structural plans are consistent with
the architectural plans. In the event of a discrepancy between the structural plans
and the architectural plans, the architectural plans shall take precedence, and
revised structural drawings shall be submitted to the Building Division.
10. COLORS AND MATERIALS: Plans submitted for building permit applications shall
include all exterior building materials and colors, including product and finish
manufacturer name, color name and number, and surfa ce finish type (e.g. stucco
with sand finish, plaster with smooth finish) to be used in construction.
11. SUBSEQUENT ENTITLEMENTS: Developer shall obtain necessary permits prior
to initiating any new construction or modifications authorized under this appro val,
including but not limited to temporary construction trailers, temporary staging
areas, model home sales offices, advertising signs of any kind, exterior and interior
modifications. Developer shall pay all requisite fees in effect at the time of plan
submittal and/or issuance, as applicable.
12. OTHER REVIEW AGENCIES: This project requires review and approval by
outside agencies including, but not limited to [REVIEWING AGENCIES]. Proof of
approval from these agencies may be required prior to building p ermit issuance,
inspections, or prior to Certificate of Occupancy.
13. HABITAT PERMIT: Concurrent with or prior to an application for a grading permit,
Developer shall obtain a Habitat Permit HP 21-13 and pay all applicable mitigation
fees. (See Santa Clara Valley Habitat Agency website: https://www.scv-
habitatagency.org/). The grading permit will be issued only after approval of the
Habitat Plan permit and payment of assessed fees.
14. WINDOWS: The manufacturer type, design, material, and installation details for all
windows within the project shall be specified in the construction drawings for
review and approval by the Community Development Director or designee.
15. GARAGE DOORS: Developer shall provide automatic garage door openers for all
garages. All garage entries closer than 23 feet to the front property line shall be
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equipped with a sectional roll-up garage door.
16. FENCES AND WALLS: All fencing and walls are to be shown on construction
drawings submitted for building permit, consistent with the details shown on sheet
A 4.5.
17. BICYCLE RACKS OR STORAGE: Developer shall provide “inverted U,” or
equivalent short term bicycle racks as shown on detail 2 sheet A 4.5. Racks on
bicycle pads shall be located along public walkways near each building as shown
on sheet A1.1.
18. REFUSE STORAGE: Developer shall provide a level pad adjacent to the street for
each unit to place receptacles for trash service pickup service, and storage space
shall be maintained in the garage for placement of the bins during the rest of the
week (as shown on approved plans).
19. SCREENING OF APPERTUNANCES: Developer shall show on construction
drawings details of screening for all exterior equipment, including but not limited to
mechanical equipment, post indicator valves, backflow prevention d evices, utility
meters, mailboxes and address directories, etc. Ground mounted utility
appurtenances such as transformers shall not be visible from any public right -of-
way and shall be adequately screened through the use or combination of concrete
or masonry walls, berms, and landscaping.
In addition to the above, backflow preventers shall be painted dark green, except
the fire connection which shall be painted yellow. The final placement and design
of these items shall be to the satisfaction of the Commu nity Development Director
or designee.
20. ROOFTOP EQUIPMENT: Developer shall ensure rooftop mechanical equipment,
including but not limited to heating and cooling systems, plumbing vents, ducts,
antennas and other appurtenances protruding from the roof are recessed or
otherwise screened. Details of the roof equipment and roof screens shall be
included in the building permit drawings and approved by the Community
Development Director or designee.
21. RAIN GUTTERS AND DOWNSPOUTS: Developer shall install all roof and building
rain gutters and downspouts, vents, and flashing to integrate as closely as possible
with building design elements, including matching the color of the adjacent surface.
22. ADDRESS DIRECTORIES: Address directories shall be placed in decorative
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cabinets and clustered for efficient access by residents and service persons, etc.
23. PLAY STRUCTURE: Provisions for a children’s play yard, including appropriate
equipment, shall be included on the landscape plans to be approved by the
Community Development Director or designee, and installed prior to any
occupancy. The provisions of such facilities and t heir location must be included in
sales information to prospective buyers.
24. LIGHTING PLAN: Developer shall submit a lighting plan with the application for
building permit. This plan should include photometric contours, manufacturer’s
specifications on the fixtures, and mounting heights. Parking lot and exterior light
fixtures shall be full cutoff type so that lighting is directed downward only,
minimizing glare and light pollution, and shall not cast light on any adjacent
property or roadway. Developer shall recess or conceal any under-canopy lighting
elements so they are not directly visible from any public area. The lighting plan
must be approved by the Community Development Director or designee.
25. LANDSCAPE AND LIGHTING PLAN: A combined landscape and lighting plan
shall be included to verify all project onsite lighting shall be of a type and in a
location that does not constitute a hazard to vehicul ar traffic, either on private
property or on public property, including streets. Such lighting shall not conflict with
drainage plans, landscape plans, tree locations, parking spaces, or any other such
land use concerns.
26. LANDSCAPING: Prior to building permit issuance, proposed landscaping shall be
shown on the site plan and submitted with the construction drawings for review and
approval by the Community Development Director or designee , which substantially
comply with approved plans except as conditione d herein.
27. LANDSCAPE MULCH: As part of the Landscape Plan submittal, Developer shall
clarify a minimum three (3) inch layer of mulch to be applied on all exposed soil
surfaces, as required by the State Model Water Efficient Landscape Ordinance
(MWELO).
28. INVASIVE PLANT SPECIES: Developer shall not include any invasive plant
species, such as those listed by the California Invasive Plant Council.
29. LANDSCAPE DOCUMENTATION PACKAGE: Prior to issuance of building
permits or initiation of the proposed use, whichever comes first, Developer shall
submit a completed Landscape Documentation Package, including a soil
analysis/management report along with appropriate application review fees, to the
Community Development Department, including required documentation fo r
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compliance verification, and obtain approval of such plans.
30. IRRIGATION SENSORS: Prior to issuance of building permits, developer shall (as
part of the irrigation system) indicate on construction drawings sensors that
suspend or alter irrigation operation during unfavorable weather conditions (e.g.
automatic rain shut-off devices).
31. TREE SPECIES: Olive tree species shall be replaced with a less invasive tree, to
avoid seedlings entering the creek channel.
32. TREE LOCATIONS: Trees shall be removed from the Valley Water pipeline
easement. This potentially impacts three trees located behind Building D and the
recreation lot.
33. PLANNED UNIT DEVELOPMENT AMENITIES: In compliance with the Planned
Unit Development Combining District (City Code 30.26), the Developer is required
to provide a higher standard of amenities than a standard development. The
Developer has proposed to landscape unused property on the adjacent high
school site, provide increased active and passive recreation and open space areas
in the complex, and a location for public art near the community gazebo . Final
details of the amenities must be reviewed and approved during building permit
review and completed prior to occupancy of the first unit.
34. PUBLIC ART: Prior to issuance of building permits, submit a process, timetable,
and evidence of commitment acceptable to the City to ensure ins tallation of a
suitable, significant piece of public-oriented sculpture or similar public art
installation prior to occupancy. This shall include involving the Community
Development Director or designee in reviewing preliminary concepts, artist, and
type of work. All public art must be reviewed and approved by the City of Gilroy
Arts and Culture Commission.
The following conditions shall be met prior to RELEASE OF UTILITIES, FINAL
INSPECTION, or ISSUANCE OF A CERTIFICATE OF OCCUPANCY, whichever occurs
first, or as otherwise specified in the condition.
35. ON- AND OFF-SITE IMPROVEMENTS: Prior to occupancy, Developer shall
complete all required offsite and onsite improvements related to the project,
including structures, paving, and landscaping, unless otherwise allowed by the
Community Development Director, or stated in these conditions.
36. LANDSCAPE AND IRRIGATION INSTALLATION: Prior to issuance of certificate
of occupancy or building permit final sign-off, Developer shall complete installation
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of all landscaping and irrigation in accordance with the approve d plans.
37. LANDSCAPE CERTIFICATE OF COMPLETION: Prior to occupancy or initiation of
the proposed use, or completion of each build-out phase of development,
Developer shall submit a signed Certificate of Completion, along with all necessary
supporting documentation and payment to the Community Developmen t
Department, for compliance verification of the landscape installation. Developer is
required under the Model Water Efficient Landscape Ordinance (MWELO) to
provide a copy of the approved Certificate of Completion to the property owner or
his or her designee.
38. PLANNING INSPECTION: Inspection(s) by the Planning Division may be required
for the foundation, framing, application of exterior materials, and final completion of
each structure to ensure that the construction matches the approved plans.
39. SITE CLEAN-UP: Prior to issuance of a certificate of occupancy, Developer shall
remove all construction materials, debris, and vehicles from the subject property.
The following conditions shall be complied with AT ALL TIMES DURING THE
CONSTRUCTION PHASE OF THE PROJECT, or as otherwise specified in the
condition.
40. CONSTRUCTION RELATED NOISE: To minimize potential construction-related
impacts to noise, Developer shall include the following language on any grading,
site work, and construction plans issued for the subject site
“During earth-moving, grading, and construction activities, Developer shall
implement the following measures at the construction site:
a. Limit construction activity to weekdays between 7:00 a.m. and 7:00 p.m.,
and on Saturdays between 9:00 a.m. and 7:00 p.m. Construction noise is
prohibited on Sundays and City-observed holidays;
b. Locate stationary noise-generating equipment as far as possible from
sensitive receptors when sensitive receptors adjoin or are near a
construction project area;
c. Construct sound walls or other noise reduction measures prior to developing
the project site;
d. Equip all internal combustion engine driven equipment with intake and
exhaust mufflers that are in good condition and appropriate for the
equipment;
e. Prohibit all unnecessary idling of internal combustion engines;
f. Utilize “quiet” models of air compressors and other stationary noise sources
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where technology exists; and
g. Designate a “disturbance coordinator’ who would be responsible for
responding to any complaints about construction noise. The disturbance
coordinator will determine the cause of the noise complaint (e.g. bad
muffler, etc.) and will require that reasonable measures be implemented to
correct the problem.”
41. CONSTRUCTION RELATED AIR QUALITY: To minimize potential construction-
related impacts to air quality, Developer shall require all construction contractors to
implement the basic construction mitigation measures recommended by the Bay
Area Air Quality Management District (BAAQMD) and shall include the following
language on any grading, site work, and construction pla ns issued for the project
site
“During earth-moving, grading, and construction activities, Developer shall
implement the following basic control measures at the construction sit e:
a. All exposed surfaces (e.g. parking areas, staging areas, soil piles, graded
areas, and unpaved access roads) shall be watered two times per day;
b. All haul trucks transporting soil, sand, or other loose material onsite or
offsite shall be covered;
c. All visible mud or dirt tracked out onto adjacent public roads shall be
removed using wet power vacuum street sweepers at least once per day.
The use of dry power sweeping is prohibited;
d. All vehicle speeds on unpaved roads or pathways shall be limited to 15
miles per hour;
e. All roadways, driveways, and sidewalks to be paved shall be completed as
soon as possible. Building pads shall be laid as soon as possible after
grading unless seeding or soil binders are used;
f. Idling times shall be minimized either by shutting equipment off when not in
use or reducing the maximum idling time to 5 minut es (as required by the
California airborne toxics control measure Title 13, Section 2485 of
California Code of Regulations [CCR]). Clear signage shall be provided for
construction workers at all access points;
g. All construction equipment shall be maintained and properly tuned in
accordance with manufacturer’s specifications. All equipment shall be
checked by a certified visible emissions evaluator; and
h. Post a publicly visible sign with the telephone number and person to contact
at the lead agency regarding dust complaints. This person shall respond
and take corrective action within 48 hours. The Air District’s phone number
shall also be visible to ensure compliance with applicable regulations.”
42. DISCOVERY OF CONTAMINATED SOILS: If contaminated soils are discovered,
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the Developer will ensure the contractor employs engineering controls and Best
Management Practices (BMPs) to minimize human exposure to potential
contaminants. Engineering controls and construction BMPs will include, but not be
limited to, the following:
a. Contractor employees working on-site will be certified in OSHA’s 40-hour
Hazardous Waste Operations and Emergency Response (HAZWOPER)
training;
b. Contractor will stockpile soil during development activities to allow for proper
characterization and evaluation of disposal options;
c. Contractor will monitor area around construction site for fugitive vapor
emissions with appropriate filed screening instrumentation;
d. Contractor will water/mist soil as it is being excavated and loaded onto
transportation trucks;
e. Contractor will place any stockpiled soil in areas shielded from prevailing
winds; and
f. Contractor will cover the bottom of excavated areas with sheeting when
work is not being performed.
43. DISCOVERY OF PALEONTOLOGICAL RESOURCES: In the event that a fossil is
discovered during construction of the project, excavations within 50’ of the find
shall be temporarily halted or delayed until the discovery is examined by a qualified
paleontologist, in accordance with the Society of Vertebrate Paleontology
standards. The City shall include a standard inadvertent discovery clause in every
construction contract to inform contractors of this requirement. If the find is
determined to be significant and if avoidance is not feasible, the paleontologist
shall design and carry out a data recovery plan consistent with the Society of
Vertebrate Paleontology standards.
44. DISCOVERY OF ARCHAEOLOGICAL RESOURCES: In the event of an
accidental discovery of archaeological resources during grading or construction
activities, Developer shall include the following language on any grading, site work,
and construction plans issued for the project site:
“If archaeological or cultural resources are discovered during earth -moving,
grading, or construction activities, all work shall be halted within at least 50
meters (165 feet) of the find and the area shall be staked off immediately.
The monitoring professional archaeologist, if one is onsite, shall be notified
and evaluate the find. If a monitoring professional archaeologist is not
onsite, the City shall be notified immediately and a qualified professional
archaeologist shall be retained (at Developer’s expense) to evaluate the find
and report to the City. If the find is determined to be significant, appropriate
mitigation measures shall be formulated by the professional archaeologist
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and implemented by the responsible party.”
45. DISCOVERY OF HUMAN REMAINS: In the event of an accidental discovery or
recognition of any human remains, Developer shall include the following language
in all grading, site work, and construction plans:
“If human remains are found during earth-moving, grading, or construction
activities, there shall be no further excavation or disturbance of the site or
any nearby area reasonably suspected to overlie adjacent human remains
until the coroner of Santa Clara County is contacted to determine that no
investigation of the cause of death is required. If the coroner determines the
remains to be Native American the coroner shall contact the Native
American Heritage Commission within 24 hours. The Native American
Heritage Commission shall identify the person or persons it believes to be
the most likely descendent (MLD) from the deceased Native American. The
MLD may then make recommendations to the landowner or the perso n
responsible for the excavation work, for means of treating or disposing of,
with appropriate dignity, the human remains and associated grave goods as
provided in Public Resources Code Section 5097.98. The landowner or his
authorized representative shall rebury the Native American human remains
and associated grave goods with appropriate dignity on the property in a
location not subject to further disturbance if: a) the Native American
Heritage Commission is unable to identify a MLD or the MLD failed to ma ke
a recommendation within 24 hours after being notified by the commission;
b) the descendent identified fails to make a recommendation; or c) the
landowner or his authorized representative rejects the recommendation of
the descendent, and the mediation by the Native American Heritage
Commission fails to provide measures acceptable to the landowner.”
The following conditions shall be complied with AT ALL TIMES that the use permitted
by this entitlement occupies the premises.
46. ADDITIONS, ACCESSORY BUILDINGS, AND PATIO COVERS: Building
additions and patio covers shall conform to the zoning district or PUD approval, as
applicable.
47. GARAGE USE: Garage spaces shall be maintained for resident parking. Storage
is permitted in designated areas on the plan, and shall not prevent use of garage
for required vehicle parking.
48. LANDSCAPE MAINTENANCE: For the life of the project, Developer shall maintain
landscaping and irrigation in accordance with the approved plans, except as
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otherwise permitted or required by law. Significant changes to the number,
placement, and selection of plant species may require a modification to this
approval, to be determined by the Community Development Director or designee.
PUBLIC WORKS CONDITIONS OF APPROVAL
The following conditions authorize the specific terms and are a part of the project
ENTITLEMENT(S); and which shall be addressed on the construction plans submitted
for any BUILDING PERMIT, GRADING PERMIT or SUPERSTRUCTURE, and shall be
satisfied prior to issuance of whichever pe rmit is issued first, or if another deadline is
specified in a condition, at that time.
49. PAYMENT OF PUBLIC WORKS PLAN CHECK AND INSPECTION FEE: At the
time of first improvement plan submittal, the applicant shall submit a $20,000.00
(Twenty thousand dollar) initial deposit for project plan check and construction
inspection. This deposit will be credited/accounted toward final plan check and
inspection fee for the project. In addition, the applicant shall submit a detailed
project cost estimate prepared by the project engineer, to approval of the City
Engineer, with the initial project plan submittal. The cost estimate shall be broken
out into on-site and off-site improvements. Prior to plan approval, the applicant
shall pay 100% of the plan check and inspection fee based on the approved
project cost estimate. Public Works will not sign-off on the issuance of the project
building permit without full payment of this plan check and inspection fee. (PUBLIC
WORKS).
50. PLAN SUBMITTAL: The Site Improvements engineering project plans shall be
submitted to Public Works, Land Development Section, in full, per the Public
Works Engineering Submittal Checklist available on the City’s website under Land
Development or by contacting the Public Works Engineering Project Manager
assigned to this project. Improvement plans are required for both on -site and off-
site improvements, and the improvement plan set cover sheet shall include an
index referencing on-site and off-site improvements. All improvements shall be
designed and constructed in accordance with the City of Gilroy Municipal Code
and Standard Specifications and Details and are subject to all laws of the City of
Gilroy by reference. The improvement plans shall include all civil project plans
including, but not limited to, site plans, grading plans, utility plans, joint trench, off -
site plans, lighting (photometric) plans, and landscaping plans. The plans shall
clearly identify both public and private utilities. The improvement plans shal l be
submitted per the Public Works Engineering Submittal Checklist provided by the
City, and available on the City website.
In addition:
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a. Plans and all required documents (per the Public Works Land Development
Submittal Checklist) shall be made by appointment only by contacting the
Public Works Project Manager assigned to this project. A complete set of
improvement plans shall consist of Civil site design, landscape site design,
Electrical, Joint Trench. Any walls or structural features part of the
landscape design shall also be included;
b. Improvement plans are required for both on-site and off-site improvements.
A separate plan set for each shall be prepared, or at the approval of the
City Engineer, onsite and offsite sheets can be combined into one plan set;
c. The improvement plan submittal, including utility sheets, shall show
appropriate line types and labels to identify different type of utilities and pipe
sizes. Utility boxes, hydrants, backflow preventers, etc. shall be
relocated/installed behind the back of sidewalk;
d. Improvement plans (as second sheet in plan set) shall contain Approved
Conditions of Approval;
e. Improvement plans shall include General Notes found in the City of Gilroy
General Guidelines;
f. Improvement plans shall be completed per the Public Works Engineering
submittal checklist, which can be found in the City’s website. At first
submittal, a completed checklist shall be included in the submittal package
and shall show which items have been included.
g. The improvement plan cover sheet shall include a table summarizing all
facilities (Streets, Utilities, Parks, Landscaping, etc.), showing the ownership
of all facilities, access rights to, and the maintenance responsibilities of all
facilities;
h. Improvement and grading plans shall show existing topo and features at
least 50’ beyond the project boundary. The plan shall clearly show existing
topo, label contour elevations, drainage patterns, flow lines, slopes, and all
other property encumbrances;
i. If the project has excess fill or cut that will be off -hauled to a site or on-
hauled from a site within the city limits of Gilroy, an additional Haul Permit is
required. A statement indicating the need to obtain a Haul Permit must be
added as a general note to the Grading and Drainage Plan;
j. All grading and improvement plans shall identify the vertical elevation
datum, date of survey, and surveyor;
k. A Title Report shall be submitted with first submittal improvement plans. An
existing site plan shall be submitted showing all existing site conditions and
title report easements. The plan shall include bearing and distance
information for all right-of-way and easements;
l. The plan shall show any proposed easements to be dedicated for any
needed purpose, or any easement expected to be abandoned through
separate instrument. This includes PUE, PSE, EVAE, Cross-Property
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Access Easement, Landscape Easement, Drainage Easement, Pole Line
Easement, etc.;
m. To ensure the plans are coordinated and there are no conflicts betwe en
disciplines, the applicant shall provide a “composite exhibit” showing Civil,
Landscape, Electrical, and Joint Trench design information (as a separate
sheet titled “Composite Plan”) to confirm that there are no conflicts. This
sheet recommended to be provided by the Civil Engineer.
n. All Solid Waste Vehicle circulation movements shall be modeled and shown
on a separate plan sheet. The circulation plan shall be prepared to the City
Engineer’s satisfaction, and modeled using AutoTurn swept analysis
software, and shall include all turning and street circulation movements;
o. All Emergency Vehicle circulation movements shall be modeled and shown
on a separate plan sheet. The circulation plan shall be prepared to the City
Engineer’s satisfaction, and modeled using AutoTurn swept analysis
software, and shall include all turning and st reet circulation movements;
p. All utility boxes exposed to or near to (and necessarily exposed to) traffic or
in a driveway, including sanitary sewer and/or water meter boxes, shall h ave
traffic-rated boxes and lids;
q. All on-site recycled water system improvements, including appurtenances,
shall be located within a PSE. (PUBLIC WORKS)
51. UTILITY PLANS: A utility plan shall be provided and included as part of the site
improvements package as specified within these conditions of approval. To
ensure coordination between the applicant and the relevant utility company:
a. The applicant shall provide joint trench composite plans for the underground
electrical, gas, telephone, cable television, and communication conduits and
cables including the size, location and details of all trenches, locations of
building utility service stubs and meters and placements or arrangements of
junction structures as a part of the Improvement Plan submittals for the
project. Show preferred and alternative locations for all utility vaults and
boxes if project has not obtained PG&E approval. A licensed Civil or
Electrical Engineer shall sign the composite drawings and/or utility
improvement plans. (All dry utilities shall be placed underground).
b. The applicant shall negotiate any necessary right-of-way or easement with
PG&E, or any other utilities, subject to the review and appro val by the
Engineering Division and the utility companies.
c. A “Will Serve Letter” shall be provided for each utility company expected to
service the subdivision. Early coordination with the utility companies is
necessary to obtain this letter. Coordination of City utilities shall be through
the Engineering Division.
d. A note shall be placed on the joint trench composite plans which states that
the plan agrees with City Codes and Standards and that no underground
utility conflict exists. (PUBLIC WORKS)
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52. UTILITY RESPONSIBILITIES: Storm and sewer utilities in private areas shall be privately owned
and privately maintained. The water system in Gilroy is owned and m aintained by the City.
Conversely, public utilities within utility easements on private property remain the responsibility of the
individual utility companies to maintain. The plans shall note the inspection, ownership and
maintenance responsibility for each utility shown on the plans within a Table of Responsibilities on
the project cover sheet of the improvement plans submitted with the initial plan submittal. The table
shall include the list of streets, the responsible party for inspection of the improvements, who is
responsible for the ownership of the utility, and who is responsible for the maintenance of the utility.
An example of this table, including the types of utilities to be listed, can be provided by the
Engineering Division upon request. (PUBLIC WORKS)
53. PREPARATION OF ELECTRICAL PLANS: The project electrical plans shall be prepared by a
registered professional engineer experienced in preparing these types of plans. The applicant shall
submit, with the improvement plans submitted with the initial plan submittal, a letter from the design
Electrical or Civil Engineer that states the electrical plan conform to City Codes and Standards, and
to the approved improvement plans. The letter shall be signed and stamped by the professional
engineer that prepares the improvement plans. (PUBLIC WORKS)
54. EXISTING FACILITIES PROTECTION: All existing public utilities shall be protected in place and if
necessary, relocated as approved by the City Engineer. No permanent structure is permitted within
City easements without the approval of the City of Gilroy. (PUBLIC WORKS)
55. WATER QUALITY: Project design shall comply with the Stormwater Management
Guidance Manual for Low Impact Development & Post -Construction
Requirements. The applicant shall submit the Source Control Checklist as well as
the appropriate Performance Requirements Checklist found in Appendix A of the
manual at the time of the initial submittal to Public Works, Land Development
Section. The manual can be found at the following site:
www.cityofgilroy.org/261/Storm-Water-Management
(PUBLIC WORKS)
56. DEVELOPER STORM WATER QUALITY RESPONSIBILITY: The developer is responsible for
ensuring that all contractors are aware of all storm water quality measures and implement such
measures. Failure to comply with the approved construction BMPs will result in the issuance of
correction notices, citations, or a project stop order. (PUBLIC WORKS)
57. BEST MANAGEMENT PRACTICES (BMP): The applicant shall perform all construction activities in
accordance with Gilroy Municipal Code Section 27C, Municipal Storm Water Quality Protection and
Discharge Controls, and Section E.10, Construction Site Storm Water Run-Off Control Program of
the Regional NPDES Permit. Detailed information can be located at:
www.flowstobay.org/documents/business/construction/SWPPP.pdf. This sheet shall be printed and
included in all building construction plan sets permitted for construction in the City of Gilroy.
(PUBLIC WORKS)
58. FIRE DEPARTMENT HYDRANT FLOW TEST: The applicant shall perform a Fire
Hydrant flow test to confirm the water system will adequately serve the
development and will modify any part of the systems that does not perform to the
standards established by the City. Applicant shall coordinate with Fire Department
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for the Fire Hydrant flow test. The flow test results shall be submitted with the
initial plan submittal. (PUBLIC WORKS)
59. WATER CONSERVATION: The project shall fully comply with the measures
required by the City’s Water Supply Shortage Regulations Ordinance (Gilroy City
Code, Chapter 27, Article VI), and subsequent amendments to meet the
requirements imposed by the State of California’s Water Board. This ordinance
established permanent voluntary water saving measures and temporary
conservation standards. This project shall apply for a recycled water use permit, by
sending a request to Saeid Vaziry, Senior Civil Engineer, Saied.Vaziry@cityofgilroy.org,
408-846-0492. Project information to be provided includes, but not limited to: Site
plan, proposed connection point in the rec water system, volume of water need,
duration (what months), time of days. (PUBLIC WORKS)
60. PROJECT STUDIES: The applicant shall submit, for City approval, any applicable water, sewer,
storm drain or traffic studies for the development deemed appropriate by the City Engineer. These
studies shall provide the supporting hydraulic calculation for pipe sizing per the City Standard Design
Guidelines. The study shall be reviewed and approved by Engineering. If the results of the study
indicate that this development contributes to the over-capacity of the trunk line, the applicant will be
required to mitigate the impact by removing and replacing or upsizing of the existing utilities to
accommodate the appropriate level of project flows to the approval of the City Engineer. The
improvements shall be addressed on the construction drawings, to the approval of the City Engineer,
prior to the issuance of the first building permit. (PUBLIC WORKS)
61. IMPACT FEES: The project is subject to the City’s Street Tree, Storm, Sewer, Water,
Traffic, and Public Facilities Development Impact Fees. The City’s latest impact
fee schedule is available on the City’s website. Payment of all Impact Fees is
required at first building permit issuance. Fees shall be based on the current fee
schedule in effect at the time of fee payment, consistent with and in accordance
with City policy. Note that impact fees increase at the beginning of each fiscal
year, July 1. Specific fee language is provided further in these conditions of
approval. (PUBLIC WORKS)
62. STORMWATER MANAGEMENT PLAN: At first improvement plan submittal, the
applicant shall submit a Storm Water Management Plan (SWMP) prepared by a
registered Civil Engineer. The SWMP shall analyze the existing and ultimate
conditions and facilities, and the study shall include all off -site tributary areas.
Study and the design shall be in compliance with the City’s Stormwater
Management Guidance Manual (latest edition). Existing of f-site drainage patterns,
i.e., tributary areas, drainage amount, and velocity shall not be altered by the
development. The plan shall be to the approval of the City Engineer and shall be
approved prior to the issuance of the building permit. (PUBLIC WORKS)
63. STORMWATER CONTROL PLAN: At first improvement plan submittal, the applicant shall submit a
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design level Stormwater Control Plan Report (in 8 ½ x 11 report format), to include background,
summary, and explanation of all aspects of stormwater management. The report shall also include
exhibits, tables, calculations, and all technical information supporting facts, including but not limited
to, exhibit of the proposed site conditions, which clearly delineates impervious and pervious areas on
site. The plan shall provide a separate hatch or shading for landscaping/pervious areas on-site
including those areas that are not bio-retention areas. This stormwater control plan report format
does not replace or is not in-lieu of any stormwater control plan sheet in the improvement plans.
The stormwater control plan shall include a signed Performance Requirement Certifications
specified in the Stormwater Guidance Manual. At applicant’s sole expense, the stormwater control
plan shall be submitted for review by an independent third party accepted by the City for compliance.
Result of the peer review shall be submittal and approved by the City Engineer prior to the issuance
of the first building permit. (PUBLIC WORKS)
64. REPAIR OF PUBLIC IMPROVEMENTS: The applicant shall repair or replace all
existing improvements not designated for removal, and all new improvements that
are damaged during construction or removed because of the applicant’s
operations. The applicant shall request a walk-through with the Engineering
Construction Inspector before the start of construction to verify existing conditions.
Said repairs shall be completed prior to the first occupancy of the project .
(PUBLIC WORKS)
65. TRIANGULAR AREA OF VISIBILITY : Landscaping and permanent structures
located within the 10' triangular area of visibility at the driveway, and 45’ triangular
area of visibility at any project corner, shall have a minimum vertical clearance of
9’, and/or be less than 2’ in height. This includes all PG&E above ground
structures and other utility facilities. The sight triangle shall be shown on the site
civil plans, to the approval of the City Engineer, to demonstrate this condition.
(PUBLIC WORKS)
66. DRIVEWAY DESIGN: Driveway grades shall be designed to keep a standard
design vehicle from dragging or “bottoming out” on the street or driveway, and to
keep water collected in the street from flowing onto the lots. The details of such
design shall be provided on the site civil plans to the satisfaction of the City
All new driveways servicing multiple units shall be design as to not affect or impact
any street or public right of way. This includes, but not limited to the use,
operation, queuing, maneuver, or delay of passenger vehicles, emergency
vehicles, pedestrian use.
Engineer. (PUBLIC WORKS)
67. GRADING & DRAINAGE: All grading activity shall address National Pollutant
Discharge Elimination System (NPDES) concerns. There shall be no earthwork
disturbance or grading activities between October 15th and April 15th unless
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otherwise approved by the City Engineer. If approved, the applicant shall submit a
Winterization Erosion Control Plan to the City Engineer for review and approval.
This plan shall incorporate erosion control devices and other techniques in
accordance with Gilroy Municipal Code § 27C to minimize erosion. Specific
measures to control sediment runoff, construction pollution and other potential
construction contamination sediment runoff, construction pollution and other
potential construction contamination shall be ad dressed through the Erosion
Control Plan and Storm Water Pollution Prevention Plan (SWPPP). The SWPPP
shall supplement the Erosion Control Plan and project improvement plans. These
documents shall also be kept on-site while the project is under construction. A
Notice of Intent (NOI) shall be filed with the State Water Resources Control Board,
with a copy provided to the Engineering Division before a grading permit will be
issued. A project WDID# shall be added to the grading plans prior to plan approval.
(PUBLIC WORKS)
68. GEOTECHNICAL ENGINEER: Prior to improvement plan approval, the applicant’s
Geotechnical Engineer shall review the final grading, pavement design and
drainage plans to ensure that said designs are in accordance with the
recommendations or the project geotechnical study, and the peer review
comments. The applicant’s Geotechnical Engineer’s approval shall then be
conveyed to the City either by letter, or by signing the plans.
All grading operations and soil compaction activities shall be per the approved
project’s design level geotechnical report. All grading activities shall be conducted
under the observation of, and tested by, a licensed geotechnical engineer. A report
shall be filed with the City of Gilroy for each phase of construction, stating that all
grading activities were performed in conformance with the requirements of the
project’s geotechnical report. The applicant shall add this condition to the general
notes on the grading plan.
Certification of grades and compaction are required prior to Building Permit final.
This statement must be added as a general note to the Grading and Drainage
Plan. (PUBLIC WORKS)
69. TREE REMOVAL PERMIT: The applicant shall obtain a Tree Removal Permit from
the Engineering Division for removal of existing trees in the public right-of-way,
prior to the issuance of a building permit or demolition building permit, whichever is
issued first. (PUBLIC WORKS)
70. ENCROACHMENT PERMITS, BONDS, AND INSURANCE: The applicant must
obtain an encroachment permit, posting the required bonds and insurance, and
provide a one (1) year warranty for all work to be done in the City's right-of-way or
City easement. This encroachment permit shall be obtained prior to the issuance
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of a foundation building permit and prior to any work being done in the City's
right-of-way. All existing public utilities shall be protected in place and if
necessary, relocated as approved by the City Engineer. No permanent structures
are permitted within the City right-of-way, or within any City easement unless
otherwise approved by the City Engineer. The applicant shall have street
improvement plans prepared for all work in the public right-of-way by a licensed
civil engineer, whose signed engineer’s stamp shall appear on the plans. Prior to
issuance of the encroachment permit, the applicant shall submit any applicable
pedestrian or traffic control plans for any lane or sidewalk closures. The traffic
control plan shall comply with the State of California Manual of Uniform Traffic
Control Devices (MUTCD), and standard construction practices. [(For major street
improvements) Construction plans for improvements in the right-of-way shall be
submitted to the City Engineer at 30%, 60%, and 90% design for review. All
design assumptions and criteria shall be submitted with each phase of design
submittal. Project specifications shall be included for review with the 90% design
review.]
Final construction plans and specifications shall be approved by the City Engineer,
and released for construction, prior to the issuance of the encroachment permit.
The applicant is required to confirm the location of existing utility lines along the
project frontage by topographic surveys or by potholing if survey data is not able to
provide accurate data on critical conforms or points of connection. Prior to any
potholing, applicant shall submit a pothole plan for City review and approval.
Applicant shall provide the pothole result to the City Engineer prior to final design.
Right-of-way improvements shall include, at a minimum, the following items:
(PUBLIC WORKS)
a. STREET MARKINGS: The applicant shall install necessary street markings
of a material and design approved by the City Engineer and replace any that
are damaged during construction. These include but are not limited to all
pavement markings, painted curbs, and handicap markings. All permanent
pavement markings shall be thermoplastic and comply with Caltrans
Standards. Color and location of painted curbs shall be shown on the plans
and are subject to approval by the City Engineer. Any existing painted curb
or pavement markings no longer required shall be removed by grinding if
thermoplastic, or sand blasting if in paint.
b. SIDEWALK: The applicant shall remove and replace all sidewalk
surrounding the project site to City standards. Sidewalk replacement shall
be constructed per the City Standard Drawings.
c. CURB AND GUTTER: The applicant shall replace any damaged and non -
City Standard curb and gutter surrounding the project site. The actual
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amount of curb and gutter to be replaced shall be determined by the Public
Works Construction Inspector in the field prior to construction. New curb
and gutter shall be constructed per the City Standard Drawing STR -12.
d. DRIVEWAY APPROACHES: The applicant shall install City Standard
Residential driveway approaches as shown on the approved plans. The new
residential driveway approach shall be constructed per the City Standard
Drawing.
e. SEWER LATERAL:
i. The applicant shall install as a minimum a six (6) inch City Standard
sewer lateral connection from the property line to the sewer main
located in the street right-of-way. The installation shall be done in
accordance with the City Standard Drawing SWR-6 including a 6"
property line clean-out.
f. SEWER CLEAN-OUT: The applicant shall install a sewer lateral clean-out
at the property line in accordance with the City Standard Drawing SWR -6.
g. SEWER MAIN: New sewer line shall be PVC, SDR 26 or equal. Applicant is
required to submit plans and drawings for approval prior to submitting the
first building permit. Construction of the new mainline shall be completed
prior to issuance of the certificate of occupancy.
h. SANITARY SEWER MANHOLES: The applicant shall install standard
sanitary sewer manholes, per approved plans and in accordance with the
City Standard Drawing.
i. STORM WATER CATCH BASIN(S): The applicant shall install standard
storm water catch basins, in accordance with the City Standard Drawings.
j. STREET TREES: The applicant shall install street trees along the project
frontage in accordance with the City Standards.
k. STREET LIGHT(S):
i. The applicant shall provide and install standard aluminum electrolier
street light(s) per City Standard Drawing EL-1 to EL-5. The applicant
is responsible for all PG&E service fees and hook-up charges. Any
new service point connection required to power the new lights shall be
shown on the construction drawings along with the conduit, pull boxes
and other items necessary to install the street lights. An Isometric
lighting level needs to be provided by the designer/contractor. A
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separate light study may be required by the City Engineer. The new
street light shall have 32’ mounting height per Standard Drawing EL -3,
with mounting arm length per Standard Drawing EL-4, the Fixture shall
be Leotek GC1 or GC2 series in an approved configuration per detail
EL-2 or approved equal. The arm shall be installed at the location as
shown on the approved plans.
l. FIRE HYDRANTS: The applicant shall install new fire hydrants along the
project frontage. Spacing shall meet City and Fire Marshall requirements.
71. UTILITIES: All new services to the development shall be "underground service"
designed and installed in accordance with the Pacific Gas and Electric Company,
AT&T (phone) Company and local cable company regulations. Transformers and
switch gear cabinets shall be placed underground unless otherwise approved by
the Planning Director and the City Engineer. Underground utility plans must be
submitted to the City prior to installation. (PUBLIC WORKS)
72. STREET LIGHTING STANDARDS: The applicant shall submit photometric plans
for parking lots, driveways, circulation areas, aisles, passageways, recesses, and
publicly-accessible grounds contiguous to all buildings showing lighting levels to
Illuminating Engineering Society (IES) Standards. The lighting system shall be
designed as to limit light spill beyond property lines and to shield the light source
from view from off site. The photometric plan shall be approved by the City
Engineer or their designee, and shall comply with lighting requirements as follows:
a. Arterial Streets: 1.0 fc average. 3/1 average to minimum uniformity. 0.34 fc
minimum
b. Collector/Local Streets: 0.6 fc average. 4/1 average to minimum uniformity.
0.2 fc minimum
c. Local Streets: 0.4 fc average. 6/1 average to minimum uniformity. 0.07fc
minimum.
d. High Volume Intersections: 1.1fc average. 3/1 average to minimum uniformity.
0.4 fc minimum.
e. Low Volume Intersections: 0.7 fc average. 4/1 average to minimum uniformity.
0.2 fc minimum.
The applicant shall submit a photometric plan identifying how these lighting levels
are being met given the site geometrics, using the City Standard street lights, and
a Type III lighting distribution. The width of the street shall, and lighting levels shall
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determine the lighting spacing. Street lights and pull boxes shall be installed in the
planter strip if one is present, or behind the back of walk where feasible so as to
maintain sidewalk clear of obstructions to the approval of the City Engineer. The
photometric plan shall be approved prior to the issuance of the building permit.
(PUBLIC WORKS)
73. FENCES AND OTHER PERMANENT STRUCTURES WITHIN CITY RIGHT-OF-
WAY: The applicant shall locate all project fencing and foundation of a perm anent
nature within the project’s property and out of the City right-of-way whenever
possible. If located within the City right-of-way, the applicant shall have a license
agreement recorded against the owner’s property that indemnifies and holds
harmless the City. The license agreement shall also include language in which the
applicant agrees to allow access to any utility company wishing to have access to
the public right-of-way for existing or new utility installation. The license agreement
shall also include language that requires the removal of the fence and foundation,
at the owner’s expense, should the City desire to use the right -of-way for street,
sidewalk or other purposes identified by the City Engineer. The license agreement
shall be approved as to form by the City Attorney’s Office and shall be recorded
against the owner’s property prior to the issuance of any City encroachment
permit. (PUBLIC WORKS)
74. FLOOR DRAINS: All floor drains shall be plumbed to connect to the sanitary sewer
system and shall not be connected to stormwater collection system. The plumbing
connections shall be shown on the plans to the approval of the City Engineer.
(PUBLIC WORKS)
75. STORM DRAIN INLETS AND WATERWAYS: Per the City’s Clean Water
Program’s requirements, the applicant shall mark with the words “No Dumping!
Flows to Bay,” or equivalent, using methods approved by the City standards on all
storm inlets surrounding and within the project parcel. Furthermore, storm drains
shall be designed to serve exclusively stormwater. Dual-purpose storm drains that
switch to sanitary sewer are not permitted in the City of Gilroy. (PUBLIC WORKS)
76. GARBAGE/RECYCLE STORAGE AND SERVICE: The applicant shall provide an
adequate area for the purposes of storing garbage and recycling collection
containers for scheduled servicing by the franchise solid waste collection service.
If required, the containers may be placed on the street within the loading zone fo r a
maximum of two hours; one hour prior to the scheduled servicing time and mu st be
removed from the street within one hour after the service. The containers shall be
placed at the service location allowing enough room for the truck to safely
approach the containers. The collection containers shall be brought to the service
area on the day of service and returned to the storage enclosure by the property
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owner. The containers are not to be in public view or in the public right -of-way
prior to, or beyond the scheduled service times. A letter shall be provided, to the
approval of the City Engineer, from the City’s franchise solid waste collection
service provider (Recology) confirming serviceability and site accessibility of the
solid waste pickup as designed and shown on the project plans. Contact Recology
at 408-842-3358. (PUBLIC WORKS)
77. DRAINAGE: Drainage improvements made on-site shall conform to standard
engineering practices and shall not allow any site drainage to impact adjacent
properties. All drainage capacity calculations shall be performed by a licensed
Civil Engineer, whose signed engineer’s stamp shall appear on the calculations
sheets and shall be submitted to the City for review and approval with the project
civil plans.
If the project is proposing to connect to an existing storm drain system within or
downstream from the site, the design engineer shall provide calculations with the
final design plans to demonstrate that the downstream drainage system has
adequate capacity to accommodate the additional site flows being added to the
system for the design storm per City Standards. The calculations shall be to the
approval of the City Engineer prior to the issuance of the first building permit.
(PUBLIC WORKS)
78. STORMWATER MANAGEMENT: At Developer’s sole expense, Developer shall
submit results from a third-party review of the project’s stormwater design. The
results shall confirm that the project is complying with requirements set in the City
of Gilroy Stormwater Management Guidance Manual for Low Impact Development
and Post-Construction Requirements. (PUBLIC WORKS)
79. SITE LANDSCAPING COORDINATION: The site landscaping needs to be
coordinated between the stormwater treatment area and the overall site
landscaping plan area. The landscaping within the stormwater treatment area will
not count towards the site landscaping requirement. Stormwater treatment areas
should be identified on the site first, and then site landscaping to make sure the
correct plant material is identified for each area. Some site landscaping plant
material may not be suitable in stormwater treatment areas due to the nature of the
facility. Sewer facilities cannot be aligned through stormwater treatment facilities.
It is the applicant’s responsibility to coordinate the civil stormwater treatment
facilities and the plans from the project landscaper. (PUBLIC WORKS)
80. ADDRESS PLAN: The applicant shall submit to the Public Works Department a
proposed street naming street address plan. Applicant shall contract the plan ning
department to obtain a list of potential street names. The applicant shall make
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suggested street names, which will be forwarded and confirmed or changed by the
City’s street naming committee. The plan shall be substantially in conformance
with the address plan approved with the Arch & Site application. Said submittal
shall be approved by the City Engineer and City Street Naming Committee prior to
the submittal of plans for any demolition permit, building permit, or site
development permit and shall be satisfied prior to issuance of whichever permit is
issued first. (PUBLIC WORKS)
81. PERMITS REQUIRED BY OTHER AGENCIES: The applicant shall obtain all
applicable permits from federal, state, and local agencies as required to construct
the proposed improvements. The applicant is hereby informed that permits may
be required by one (1) or more of the following: Army Corps of Engineers, UPRR,
Fish and Wildlife, Regional Water Quality Control Board, Santa Clara County
Roads and Airports, Santa Clara Valley W ater District or Habitat Permit. If project
is within jurisdiction of any of these agencies, verification of permit or waiver of
permit must be given to the Public Works Department prior to issuance of any
required City permits. If the City is required to be a party to the permit application
and a fee is required, the applicant shall reimburse the City for its cost. A copy of
these permits shall be provided to the satisfaction of the City Engineer prior to the
issuance of the building permit. (PUBLIC WORKS)
82. STREET TREE DEVELOPMENT IMPACT FEE: The applicant shall pay a fee to
provide funding towards additional tree planting in the City. The fee is based on
the amount of added hardscape the project is adding. The estimated impact fee,
based on the approved plans, is $1,398.40. This fee is on ly an estimate based on
the planning documents provided. The actual impact fee will be calculated based
on the final building permit plans submitted, and the fees approved by the City
Council in place at the time of the building permit submittal. The fee shall be
collected by the Public Works Department and paid prior to issuance of the first
building permit. (PUBLIC WORKS)
83. STORM DEVELOPMENT IMPACT FEE: The applicant shall pay a fee proportional
to the project's share of storm drainage flowing off -site and shall be used to
enhance the City’s storm drainage system based on the recommendations of the
adopted Storm Drainage Master Plan. The estimated impact fee, based on the
approved plans, is $3,092.60. This fee is only an estimate based on the planning
documents provided. The actual impact fee will be calculated based on the final
building permit plans submitted, and the fees approved by the City Counci l in place
at the time of the building permit submittal. The fee shall be collected by the
Public Works Department and paid prior to issuance of the first building permit.
(PUBLIC WORKS)
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84. SANITARY SEWER DEVELOPMENT IMPACT FEE: The applicant shall pay a fee
proportional to the project’s share of the increase amount of sewage generated by
the project, which shall be used to enhance the City’s s ewer system based on the
adopted Sewer Master Plan. The estimated impact fee, based on the approved
plans, is $322,920.00. This fee is only an estimate based on the planning
documents provided. The actual impact fee will be calculated based on the final
building permit plans submitted, and the fees approved by the City Council in place
at the time of the building permit submittal. The fee shall be collected by the
Public Works Department and paid prior to issuance of the first building permit. At
first improvement plan submittal, applicant’s engineer shall submit a calculation for
sanitary sewer and water generation per the City’s Master Plan design criteria.
The fee shall be collected by the Public Works Department and paid prior to
issuance of the first building permit. (PUBLIC WORKS)
85. WATER DEVELOPMENT IMPACT FEE: The applicant shall pay a fee proportional
to the project's share of impact to the City’s water system, and the water needs of
the development. The fee shall be used to fund improvement s identified in the
City’s Water Master Plan. The estimated impact fee, based on the approved
plans, is $82,935.00. This fee is only an estimate based on the planning
documents provided. The actual impact fee will be calculated based on the final
building permit plans submitted, and the fees approved by the City Council in place
at the time of the building permit submittal. At first improvement plan submittal,
applicant’s engineer shall submit a calculation for water generation per the City’s
Master Plan design criteria. The fee shall be collected by the Public Works
Department and paid prior to issuance of the first building permit. (PUBLIC
WORKS)
86. TRANSPORTATION IMPROVEMENT FEE: The applicant shall pay a fee
proportional to the project's share of transportation improvements needed to serve
cumulative development within the City of Gilroy. The funds shall be used to fund
improvements identified in the City Traffic Circulation Master Plan. The estimated
impact fee, based on the approved plans, is $4 74,660.00. This fee is only an
estimate based on the planning documents provided. The actual impact fee will be
calculated based on the final building permit plans submitted, and the fees
approved by the City Council in place at the time of the building p ermit submittal.
The fee shall be collected by the Public Works Department and paid prior to
issuance of the first building permit. (PUBLIC WORKS)
87. PUBLIC FACILITIES IMPACT FEE: The applicant shall pay a fee proportional to
the project’s share of the increase to the use of City Public facilities. The
estimated impact fee, based on the approved plans, is $856,2 60.00. This fee is
only an estimate based on the planning documents provided. The actual impact
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fee will be calculated based on the final build ing permit plans submitted, and the
fees approved by the City Council in place at the time of the building permi t
submittal. The fee shall be collected by the Public Works Department and paid
prior to issuance of the first building permit. (PUBLIC WORKS)
88. PUBLIC STORMWATER MANAGEMENT IMPACT FEE: The applicant shall pay a
fee for the initial set up of each stormwater postconstruction BMP and an annual
administration and monitoring fee associated with soliciting, accepting, and
entering each postconstruction BMP inspection and monitoring report to comply
with mandated state reporting. The estimated impact fee, based on the approved
plans, is $1,200.00. This fee is only an estimate based on the planning documents
provided. The actual impact fee will be calculated based on the final building
permit plans submitted, and the fees approved by the City Council in place at the
time of the building permit submittal. The fee shall be collected by the Public
Works Department and paid prior to issuance of the first building permit. (PUBLIC
WORKS)
89. CONSTRUCTION NOTICING: At least two weeks prior to commencement of any
on or off-site work, the applicant shall post at the site, and to property owners
within (300') three hundred feet of the exterior boundary of the project site a notice
that construction work will commence on or around the stated date. The notice
shall include a list of contact persons with name, title, phone number and area of
responsibility. The person responsible for maintaining the list shall be included.
The list shall be current at all times and shall consist of persons with authority to
initiate corrective action in their area of responsibility. The names of individuals
responsible for dust, noise and litter control shall be expressly identifi ed in the
notice. Noticing shall be in both English and Spanish. The notice shall be
submitted for review to the approval of the City Engineer two weeks prior to the
issuance of the building permit. (PUBLIC WORKS)
90. JOINT TRENCH PLANS: The developer shall submit a joint trench plan set at
initial improvement plan submittal. The joint trench plans shall show all joint trench
boxes outside of the sidewalk path of travel. All proposed meter pedestals and
above ground facilities shall be at least 3-ft clear from the back of sidewalk in
private streets and 5-ft clear from back of sidewalk in public streets. The joint
trench plans shall include a typical detail from the face of curb to the back of the
easement showing the joint trench and boxes relative to the sidewalk.
91. DRIVEWAY APPROACHES: The proposed driveway approaches design along the
Royal way frontage between buildings K, H, & G shall be designed per City
Standard. Driveways shall be designed to not affect or impact street or public right
of way operation, queuing, maneuver, delay, passenger vehicles, emergency
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vehicles, pedestrian. (PUBLIC WORKS)
92. PRIVATE DRIVEWAYS: The proposed driveways between buildings K, H, & G
shall be designed per City Standard to maintain full ingress egress at all times (2 -
way traffic). Driveways shall be designed to not affect or impact street or public
right of way operation, queuing, maneuver, delay, passenger vehicles, emergency
vehicles, pedestrian.
(PUBLIC WORKS)
93. PRIVATE DRIVE ISLES: The proposed driveway approaches for 24-ft drive isles
off the Royal Way Cul-De-Sacs shall be per City Standard and align with the
proposed private drive isle centerlines. (PUBLIC WORKS)
94. FIRE TRUCK CIRCULATION PLAN: The developer shall submit for review an
updated fire truck circulation plan demonstrating through vehicle Auto-Turn
movements that a westbound fire engine can enter the project meeting Fire
Department criteria. This Conditions of approval shall be confirm ed with the Fire
Department. (PUBLIC WORKS)
95. VEHICLE PARKING AND LINE OF SITE PLAN: At initial building submittal, the
developer shall submit for review a Vehicle Parking and Line of Site Plan as a part
of the plan set. This Plan shall include an existing parking conditions plan (along
Royal Way) and a post development pa rking condition plan. The post development
parking condition plan shall show line of sight triangles for all proposed driveways
and identify the total amount of public parking removed from Royal Way. (PUBLIC
WORKS)
The following conditions shall be complied with AT ALL TIMES DURING THE
CONSTRUCTION PHASE OF THE PROJECT, or if another deadline is specified in a
condition, at that time.
96. PUBLIC WORKS CONSTRUCTION ACTIVITIES: The City shall be notified at
least fifteen (15) working days prior to the start o f any construction work, and at
that time the contractor shall provide a project construction and phasing schedule,
and a 24-hour emergency telephone number list. The schedule shall be in
Microsoft Project, or an approved equal, and shall identify the sch eduled critical
path for the installation of improvements to the approval of the City Engineer. The
schedule shall be updated weekly. The approved construction and phasin g
schedule shall be shared with Gilroy Unified School District (GUSD) to avoid traff ic
impacts to surrounding school functions. An approved construction information
handout(s) shall also be provided to GUSD to share with school parents. (PUBLIC
WORKS)
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a. All work shown on the improvement plans shall be inspected to the
approval of the City Engineer as applicable. Uninspected work shall be
removed as deemed appropriate by the City Engineer.
b. Construction activities related to the issuance of any Public Works
permit shall be restricted to the weekday between 7:00 a.m. and 7:00
p.m., Saturday 9:00 a.m. to 7:00 p.m. allowed only for general
construction activities that require no inspection and only with approval
of the Public Works Director. No work shall be done on Sundays and on
City Holidays unless otherwise approved by the City Engineer. Please
note that no work shall be allowed to take place within the City right -of-
way after 5:00 p.m. Monday through Friday. In addition, no work being
done under the issuance of a Public Works encroachment permit may
be performed on the weekend unless prior approvals have been granted
by Public Works. The City Engineer may apply additional construction
period restrictions, as necessary, to accommodate standard commute
traffic along arterial roadways and along school commute routes. Signs
outlining the project construction times shall be posted at conspicuous
locations on site where it is visible to the public. The signs shall be per
the City Standard Drawing for posting construction hours. The sign shall
be kept free of graffiti at all times. Contact the Public Works Department
to obtain sample City Standard sign outlining hours of operation.
c. The allowed hours of Public Works construction activities may be
waived or modified through an exemption, for limited periods, if the City
Engineer finds that the following criteria are met:
i. Permitting extended hours of construction will decrease the
total time needed to complete the project thus mitigating the
total amount of noise associated with the project as a whole;
or,
ii. Permitting extended hours of construction are required to
accommodate design or engineering requirements, such as a
large concrete pour. Such a need would be determined by the
project's design engineer and require approval of the City
Engineer.
iii. An emergency situation exists where the construction work is
necessary to correct an unsafe or dangerous condition resulting
in obvious and eminent peril to public health and safety. If such
a condition exists, the City may waive any of the remaining
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requirements outlined below.
iv. The exemption will not conflict with any other condition of
approval required by the City to mitigate significant impacts.
v. The contractor or owner of the property will notify residential and
commercial occupants of property adjacent to the construction
site of the hours of construction activity which may impact the
area. This notification must be provided three days prior to the
start of the extended construction activity.
vi. The approved hours of construction activity will be posted at the
construction site in a place and manner that can be easily viewed
by any interested member of the public.
vii. The City Engineer may revoke the exemption at any time if the
contractor or owner of the property fails to abide by the
conditions of exemption or if it is determined that the peace,
comfort and tranquility of the occupants of adjacent residential or
commercial properties are impaired because of the location and
nature of the construction. The waiver application must be
submitted to the Public Works Construction Inspector ten (10)
working days prior to the requested date of waiver.
d. The following provision to control traffic congestion, noise, and dust
shall be followed during site excavation, grading and construction:
i. All construction vehicles should be properly maintained and
equipped with exhaust mufflers that meet State standards.
ii. Blowing dust shall be reduced by timing construction activities
so that paving and building construction begin as soon as
possible after completion of grading, and by landscaping
disturbed soils as soon as possible.
iii. Water trucks shall be present and in use at the construction
site. All portions of the site subject to blowing dust shall be
watered as often as deemed necessary by the City, or a minimum
of three times daily, or apply (non-toxic) soil stabilizers on all
unpaved access roads, parking areas, and staging areas at
construction sites in order to insure proper control of blowing dust
for the duration of the project.
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iv. Watering on public streets and wash down of dirt and debris
into storm drain systems will not be allowed. Streets will be
cleaned by street sweepers or by hand as often as deemed
necessary by the Construction Inspector, or at least once a day.
Watering associated with on-site construction activity shall take
place between the hours of 8 a.m. and 5 p.m. and shall include at
least one late-afternoon watering to minimize the effects of
blowing dust. Recycled water shall be used for construction
watering to manage dust control where possible, as determined
by the City Engineer. Recycled water shall be billed at the
municipal industrial rate based on the current Santa Clara Valley
Water District’s municipal industrial rate. Where recycled water is
not available potable water shall be used. All potable
construction water from fire hydrants shall be metered and billed
at the current portable fire hydrant meter rate.
v. All public streets soiled or littered due to this construction
activity shall be cleaned and swept on a daily basis during the
workweek to the satisfaction of the Construction Inspector.
vi. Construction grading activity shall be discontinued in wind
conditions that in the opinion of the Public Works Construction
Inspector cause excessive neighborhood dust problems.
vii. Site dirt shall not be tracked into the public right -of-way, and
shall be cleaned immediately if done, or the project may risk being
shut down. Mud, silt, concrete, and other construction debris
shall not be washed into the City’s storm drains.
viii. Construction activities shall be scheduled so that paving and
foundation placement begin immediately upon completion of
grading operation.
ix. All aggregate materials transported to and from the site shall
be covered in accordance with Section 23114 of the California
Vehicle Code during transit to and from the site.
x. Prior to issuance of any permit, the applicant shall submit any
applicable pedestrian or traffic detour plans, to the satisfaction of
the City Engineer, for any lane or sidewalk closures. The traffic
control plan shall be prepared by a licensed professional engineer
with experience in preparing such plans. The Traffic Control Plan
shall be prepared by a licensed engineer in accordance with the
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requirements of the latest edition of the California Manual on
Uniform Traffic Control Devices (MUTCD) and standard
construction practices. The Traffic Control Plan shall be approved
prior to the commencement of any work within the public right -of-
way.
xi. During construction, the applicant shall make accessible any
or all City utilities as directed by the City Engineer.
xii. The minimum soils sampling and testing frequency shall
conform to Chapter 8 of the Caltrans Construction Manual. The
applicant shall require the soils engineer submit to daily testing
and sampling reports to the City Engineer.
97. HERITAGE TREE PROTECTION MEASURES: The applicant shall submit a tree
protection plan showing how all on and off-site heritage trees will be protected
during construction. All approved and installed Heritage Tree protection measures
shall be installed prior to any site activities and maintained throughout the period of
construction. The Project Arborist shall complete inspections on an as -need basis
during the construction period and shall submit a monthly report of his/her findings
in a letter sent by fax or email to the City Planner assigned to this project.
(PUBLIC WORKS)
98. PROJECT CLOSE-OUT: Prior to City acceptance of all tract subdivision and
property improvement agreements, the applicant shall comply with all City
construction close-out procedures to the approval of the City Engineer. City
construction close-out procedures can be found the City’s website under Public
Works. Prior to final inspections, all pertinent conditions of approval and all
improvements shall be completed to the satisfaction of the Planning Direct or and
City Engineer. A letter indicating that all project conditions have been met shall be
submitted prior to the first occupancy. All public improvements, including the
complete installation of all improvements relative to streets, fencing, sanitary
sewer, storm drainage, water system, underground utilities, etc., shall be
completed and attested to by the City Engineer before approval of oc cupancy of
any unit. Where facilities of other agencies are involved, such installation shall be
verified as having been completed and accepted by those agencies. In addition,
the applicant shall submit a detailed project cost estimate of all improvement s
(public and private) constructed on-site and within the public right-of-way. The cost
estimate shall be prepared by the project engineer and be to the approval of the
City Engineer. The cost estimate shall be broken out into on -site and off-site
improvements based on the format provided by the City.
Until such time as all improvements required are fully completed and accepted by
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City, the applicant shall be responsible for the care maintenance of and any
damage to such improvements. City shall not, nor shall any officer or employee
thereof, be liable or responsible for any accident, loss, or damage, regardless of
cause, happening or occurring to the work or Improvements required for this
project prior to the completion and acceptance of the work or Improvements. All
such risks shall be the responsibility of and are hereby assumed by the applicant.
(PUBLIC WORKS)
99. MATERIAL HAULING ROUTE AND PERMIT: For material delivery vehicles equal
to, or larger than two-axle, six-tire single unit truck (SU) size or larger as defined by
FHWA Standards, the applicant shall submit a truck hauling route and receive a
haul permit that conforms to City of Gilroy Standards to the approval of the City
Engineer. Note that the City requires a Haul Permit be issued for any hauling
activities. The project sponsor shall require contractors to prohibit trucks from
using “compression release engine brakes” on residential streets. A letter from the
applicant confirming the intention to use this hauling route shall be submitted to the
Department of Public Works, and approved, prior to the issuance of any City
permits. All material hauling activities including but not limited to, adherence to the
approved route, hours of operation, staging of materials, dust control and street
maintenance shall be the responsibility of the applica nt. All storage and office
trailers will be kept off the public right-of-way. Tracking of dirt onto City streets and
walks will not be allowed. The applicant must provide an approved method of
cleaning tires and trimming loads on-site. Any job-related dirt and/or debris that
impacts the public right-of-way shall be removed immediately. No wash down of
dirt into storm drains will be allowed. All material hauling activities shall be done in
accordance with applicable City ordinances and conditions of ap proval. Mud, silt,
concrete, and other construction debris shall not be washed into the City’s storm
drains. Violation of such may be cause for suspension of work. (PUBLIC
WORKS)
100. CONSTRUCTION STAGING AND WORKER PARKING: Prior to construction, the
applicant shall provide a construction staging and parking plan th at minimizes the
effect of construction materials, delivery, and worker parking and/or material
staging in the neighborhood and shall include an estimate of the number of
workers, equipment, and materials staging square footage that will be present on
the site during the various phases of construction and indicate where sufficient off -
street parking will be utilized and identify any locations for off -site material
deliveries. Said plan shall be approved by the City Engineer prior to issuance of
City permits and shall be complied with at all times during construction. Failure to
enforce the parking plan may result in suspension of the City permits. No vehicle
having a manufacturer's rated gross vehicle weight exceeding ten thousand
(10,000) pounds shall be allowed to park on the portion of a street which abuts
property in a residential zone without prior approval from the City Engineer
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(§15.40.070). (PUBLIC WORKS)
101. SITE WATER DISCHARGE: In accordance with the City’s Municipal Code,
Prohibition of Illegal Discharges (Gilroy Municipal Code Section 27C.7), the City
Engineer may approve the discharge of uncontaminated pumped ground waters to
the sanitary sewer only when such source is deemed unacceptable by State and
Federal authorities for discharge to surf ace waters of the United States, whether
pretreated or untreated, and for which no reasonable alternative method of
disposal is available. Following the verification of the applicable local, state and/or
federal approvals, a Discharge Plan will be approved and monitored by the City
Engineer. (PUBLIC WORKS)
102. ARCHITECTURAL COPPER: Per Gilroy Municipal Code Section 27C.7 Prohibition
of Illegal Discharges, the applicant shall follow the specific best management
practices for the installation of the Architectural Copper. For detailed information
please distribute the flyer to all construction personnel involved in the fabrication
and installation of the Architectural Copper that is located at:
http://flowstobay.org/files/newdevelopment/flyersfactsheets/ArchitecturalcopperBMPs.pdf
(PUBLIC WORKS)
The following conditions shall be complied with AT ALL TIMES that the use permitted
by this entitlement occupies the premises
103. POST CONSTRUCTION BEST MANAGEMENT PRACTICES (BMP): In
accordance with Gilroy Municipal Code Chapter 27D Post Construction Storm
Water Pollution Prevention all projects that meet the criteria described in the Storm
Water Guidance Manual for Low Impact Development and Post-Construction
Requirements shall prepare a storm water control plan (SWCP) and shall meet the
requirements of the design standards and selection of best management practices
and shall be selected and designed to the satisfaction of the City Engineer or
designee. Requirements shall include:
a. Owner/occupant shall inspect private storm drain facilities at least two (2)
times per year and sweep parking lots immediately prior to and once during
the storm season.
b. The applicant shall be charged the cost of abatement for issues associated
with, but not limited to, inspection of the private storm drain facilities,
emergency maintenance needed to protect public health or watercourses,
and facility replacement or repair in the event that the treatment facility is no
longer able to meet performance standards or has deteriorated. Any
abatement activity performed on the applicant ’s property by City staff will be
charged to the applicant at the City’s adopted hourly rate.
c. Label new and redeveloped storm drain inlets with the phrase “No Dumping:
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Drains to Bay” plaques to alert the public to the destination of storm water
and to prevent direct discharge of pollutants into the storm drain. Template
ordering information is available at www.flowstobay.org.
d. All process equipment, oils fuels, solvents, coolants, fertilizers, pesticides,
and similar chemical products, as well as petroleum-based wastes, tallow,
and grease planned for storage outdoors shall b e stored in covered
containers at all times.
e. All public outdoor spaces and trails shall include installation and upkeep of
dog waste stations.
Garbage and recycling receptacles and bins shall be designed and maintained with
permanent covers to prevent exposure of trash to rain. Trash enclosure drains
shall be connected to the sanitary sewer system. (PUBLIC WORKS)
BUILDING CONDITIONS
104. CONDITIONS OF APPROVAL: All conditions of approval shall be included on the
first sheet after the cover sheet of the c onstruction drawing submitted for a building
permit.
105. PRE-CONSTRUCTION MEETING: A pre-construction meeting shall be held at a
time and location agreed upon by the City and applicant for the purpose of
reviewing conditions of approval, pre-occupancy requirements / temporary
certificate of occupancy and construction -site procedures. This meeting shall be
held prior to the issuance of any permit issued by the building department. The
applicant shall be represented by his design and construction staff, which i ncludes
any sub-contractors. Departments having conditions of approval for the p roject will
represent the City.
106. TEMPORARY FENCING: Temporary fencing along the perimeter of a building site,
during construction is required to ensure security, public safety, and/or noise/dust
mitigation. “Temporary” shall mean the placement of fencing in a manner that is
not permanently attached to the ground or attached to any other structure or
material that is itself permanently attached to the ground. Temporary construct ion
fences consisting of chain-link or plywood, no more that 6-feet in height above the
ground and shall not require any permits or special authorization.
Unless letters of permission from adjacent property owners or a City encroachment
permit have been obtained, temporary construction fencing shall be placed only on
the property that contains the subject construction project. All temporary
construction fencing shall be thoroughly removed from the project site upon
completion of construction.
DocuSign Envelope ID: D412902E-F67E-483C-A2CF-6A7EFF07CDFF
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Resolution No. 2022-16
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107. JOB SITE SIGNAGE: Prior to construction, A 36-inch by 48-inch weatherproof sign
shall be posted on the site and located to be clearly readable from the public right -of-
way, the sign shall include the following information:
a. Address of the project site.
b. Permitted hours of construction and of deliveries/off-haul.
c. Name, e-mail address and direct phone number of the General Contractor.
d. Name, e-mail address and direct phone number of the person responsible
for managing the project.
e. Name and direct phone number of the p arty to call in case of an
emergency.
City of Gilroy Code Enforcement complaint telephone number (408 -846-0264).
108. CONSTRUCTION ACTIVITIES: The following provisions to control traffic
congestion, noise, and dust shall be followed during site excavation, gr ading and
construction: construction activities shall be limited between the hours of seven am
and seven pm Monday through Friday and nine am to seven pm on Saturday.
Construction Activities shall not occur on Sundays or city holidays which include
New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day,
and Christmas.
109. FINAL GRADING AND DRAINAGE PLAN: At the time of building permit plan
submittal, the project developer shall submit a final grading and drainage plan
prepared by a licensed civil engineer depicting all final grades (with accurate
elevations above sea level indicated) and on-site drainage control measures to
prevent storm water runoff onto adjoining properties.
110. PAD ELEVATION CERTIFICATION: The applicant and/or developer shall submit
a pad elevation certification letter prepared by a licensed land surveyor or
registered civil engineer to the Building Official certifying that the pad elevation(s)
and building location (setbacks) are pursuant to the approved plans, prior to
receiving a foundation inspection for the structure.
111. SITE SURVEY: The applicant shall provide a site survey of entire parcel stamped
and signed by a Land Surveyor licensed by the State of California. The survey
shall include, but not be limited to, the following: location and dimensions of
property line, location of streets and easements, existing buildings, topographic
contour lines, trees/landscape, miscellaneous structures, etc. The purpose of the
site survey is to accurately verify compliance with items such as setback
dimensions, heights of buildings from established contours, compliance with
heritage tree ordinance, etc.
112. PERMIT CARD: The stamped, approved, job copy of the plans and permit card
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shall be located onsite at all times.
113. TITLE 24:The building(s) covered by this approval shall be designed and
constructed to the Title 24 Building Standards, including Building, Electrical,
Mechanical, Plumbing, Energy, Fire, Green Building and both State and Federal
accessibility requirements in effect and as amended by the City of Gilroy at the
time of building permit submittal.
114. GREEN BUILDING STANDARDS: The building shall be designed to include the
green building measures specified as mandatory in the application checklists
contained in the California Green Building Standards Code. The applicant shall
incorporate the checklist along with a notation on the checklist to specify where the
information can be located on the plans, details, or specifications, etc. All
measures will be verified by the Building Inspector at final inspection.
115. GEOTECHNICAL REPORT: The applicant shall provide a stamped, signed, a nd
dated soil investigation report containing design recommendations to the Building
Official. The classification shall be based on observation and an y necessary tests of
materials disclosed by boring or excavations made in appropriate locations.
Additional studies may be necessary to evaluate soil strength, the effect of moisture
variation on soil-bearing capacity, compressibility, liquefaction, seismically induced soil
liquefaction, soil instability, and expansiveness. Additionally, the applicant shall
submit a stamped, signed, and dated letter from the Geotechnical Engineer or Civil
Engineer who prepared the soil investigation stating the following:
a. The plans and specifications substantially conform to the recommendations
in the soil investigation.
b. The Geotechnical Engineer or Civil Engineer who prepared the soil
investigation has been retained to provide soil site observation and provide
periodic and final reports to the City of Gilroy.
Prior to final inspection for any building or structure, the Geotechnical Engineer or
Civil Engineer who prepared the soil investigation shall issue a final report stating
the completed pad, foundation, finish grading and associated site work
substantially conform to the approved plans, specifications and investigations.
116. 1. The project developer is responsible for implementing the following BMPs.
a) The project developer shall include erosion control/stormwater quality
measures on the project grading plan which shall specifically address
measures to prevent soil, dirt, and debris from entering the public storm
drain system. Such measures may include, but are not limited to,
hydroseeding, hay bales, sandbags, and siltation fences and shall be
subject to the review and approval of the City Engineer/Building Official. If
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Packet Pg. 448 Attachment: Planning Commission Resolutions and Staff Report [Revision 1] (4030 : Royal Way Townhomes)
Resolution No. 2022-16
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no grading plan is required, necessary erosion control/stormwater quality
measures shall be shown on the site plan submitted for a building permit
and shall be subject to the review and approval of the Building Division.
The project developer is responsible for ensuring that the contractor is
aware of and implements such measures.
b) All cut and fill slopes shall be revegetated and stabilized after completion
of grading, but in no case later than October 15. Hydroseeding shall be
accomplished before September 15 and irrigated with a temporary
irrigation system to ensure that the vegetated areas are established
before October 15. No grading shall occur between October 15 and April
15 unless approved erosion control/stormwater qualit y measures are in
place, subject to the approval of City Engineer/Building Official. Such
measures shall be maintained until such time as permanent landscaping
is in place.
c) Gather all sorted construction debris on a regular basis and place in the
appropriate container for recycling; to be emptied at least on a weekly
basis. When appropriate, use tarps on the ground to collect fallen debris
or splatters that could contribute to stormwater runoff pollution.
d) Remove all dirt, gravel, rubbish, refuse, and green waste from the
street pavement and storm drains adjoining the site. Limit construction
access routes onto the site and place gravel on them. Do not drive
vehicles and equipment off paved or graveled areas during wet
weather. Broom sweep the street pavement adjoining the project site on a
daily basis. Scrape caked on mud and dirt from these areas before
sweeping.
e) Install filter materials (such as sandbags, filter fabric, etc.) at the storm
drain inlet nearest the downstream side of the project site in order to
retain any debris or dirt flowing in the storm drain system. Maintain and/or
replace filter materials to ensure effectiveness and to prevent street
flooding.
f) Create a contained and covered area on the site for the storage of
cement, paints, oils, fertilizers, pesticides, or other materials used on the
site that have the potential of being discharged into the storm drain
system by being windblown or by being spilled.
g) Never clean machinery, equipment, tools, brushes, or rinse containers
into a street, gutter, or storm drain.
h) Ensure that concrete/gunite supply trucks or concrete/plaster operations
do not discharge wash water into a street, gutter, or storm drain.
i) Concrete wash area:
I. locate wash out area away from storm drains and open ditches
II. construct a temporary pit large enough to store the liquid and solid
waste
III. clean the pit by allowing concrete to set
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Resolution No. 2022-16
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IV. break up the concrete; and then
V. recycle or dispose of properly
j) The project shall comply with the following:
I. Cleaning all on-site storm drains at least twice a year with one
cleaning immediately prior to the rainy season. The City may
require additional cleanings.
Sweeping regularly but not less than once a month, driveways, sidewalks and
paved areas to minimize the accumulation of litter and debris. Corners and hard to
reach areas shall be swept manually. Debris from pressure washing shall be
trapped and collected to prevent entry into the storm drain system. Wastewater
containing any soap, cleaning agent or degreaser shall not be discharged into the
storm drain.
117. PORTABLE TOILETS: Portable toilets used during construction shall be emptied
on a regular basis as necessary to prevent odor. A containment pan is required
under all portable toilets.
118. CONSTRUCTION STORAGE: All construction materials, debris and equipment
shall be stored on site. If that is not physically possible, an encroachment permit
shall be obtained from the Department of Public Works prior to placing any
construction materials, debris, debris boxes or unlicensed equipment in the right -
of-way. The placing of portable restroom facilities in the City right -of-way will not be
permitted.
119. CONSTRUCTION SITE MAINTENANCE: All portions of the job site shall be
maintained in an organized and professional condition. All trash, debris,
construction scraps and broken/deteriorated machinery shall be removed from the
site at the end of each week. If off loaded construction materi als are not used
within 2 weeks, they shall be screened from view. All sidewalks, driveways and
public/private roadways fronting the subject site shall be broom cleaned at the end
of each business day.
120. PLAN MODIFICATIONS: Acceptance of the plans does not release the developer
from correction of mistakes, errors, or omissions contained therein. If, during the
course of construction, the public interest requires a modification or a departure
from these accepted plans, the City shall have the authority to re quire such
modifications or departure and specify the manner in which the same is to be
made.
FIRE PREVENTION CONDITIONS
121. Fire Department Access – Using Autoturn vehicle pathway tracking software,
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demonstrate that large vehicles (e.g. fire ladder truck, garbage trucks, school
buses) can navigate into, throughout, and out of this development. Show offsite
and onsite, ingress, egress, and onsite navigation. Please note that the proposed
plans indicate 24 foot wide roads will serve the development. Please review the
Engineering Department’s design standards for roadways. Fire Apparatus shall not
be required to cross to the opposite side of a street as part of a turn on that street
or onto another street. Dead end streets in excess of 150 feet shall be provided
with a cul-de-sac of 78’diameter unless they qualify for use of an alternative turn
around standard. See the Fire Department approved dead end turn around
standards.
122. For roads less than 28 feet in width, no vehicle street parking is allowed. Because
of this, the HOA shall develop enforceable conditions such t hat the garage and
driveways shall be available to accommodate all vehicle parking.
123. Gates & Fencing – Gates and fencing were not shown on the plans submitted.
There has been some discussion about security for this project. If the project
designer decides to install gates and fences, then Fire Prevention and Engineering
Department requirements will need to be met.
124. The plan reviewer could only locate one fire hydrant shown on the plans for the
proposed 53,946 square feet of new structures. For future plan s submitted to the
City of Gilroy, show public and private fire hydrants distributed throughout the
proposed development in a logical fashion. Fire Hydrants shall be able to flow
1500 gpm with a 20 psi residual pressure. Street Hydrants shall be spaced every
300 ft, and within 150 ft of any building. Offsite improvement plan shall provide
Fire Hydrants per the City Standard. Hydrants shall be installed prior to
commencement of construction with combustible materials.
125. All buildings shall be provided with water meters and water laterals sized for the
type and size of building being proposed. All buildings shall have a fire sprinkler
system using the current and appropriate NFPA standard based on the building
type and size. All fire sprinkler systems shall be designed using the hydraulic
calculation method. Request a fire hydrant flow test from Deputy Fire Marshal
Jonathan Crick by contacting him at Jonathan.crick@cityofgilroy.org and/or 408-846-
0436.
126. Traffic calming devises shall be prohibited unless approved by the Fire Chief and
Fire Marshal.
127. Open Spaces, including storm water detention/retention basins, landscaped and
naturally vegetated areas shall have vegetation management to remove dead
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Packet Pg. 451 Attachment: Planning Commission Resolutions and Staff Report [Revision 1] (4030 : Royal Way Townhomes)
Resolution No. 2022-16
Page 42
plants and debris, and to remove, disc or mow weeds during weed abatement
season from April to November of each year. In HOA managed areas, the HOA
shall be responsible. For privately owned property it shall be performed by the
property owner.
VALLEY WATER CONDITIONS OF APPROVAL
The following conditions shall be met prior to the approval of the FINAL MAP or
PARCEL MAP, or if another deadline is specified in a condition, at that time.
128. Verify the bearings provided in Sheet 2 of Mid Coast Engineers’ surve y map; more
specifically, the bearing provided for the southerly property line. This appears to be
inconsistent with the bearing provided in Valley Water’s easement deed for the
future South County Recycled Water Line. Review the shared property line
between the proposed development and Valley Water’s right of way. The
Applicant’s response indicating that ALTA was “provided by a licensed surveyor”
does not adequately justify the noted inconsistency for the shared property line.
129. Show and label Valley Water’s two easements on the Alta survey and all other
plan sheets where there are proposed improvements.
130. Fencing shall be maintained along the property line to prevent people from
climbing up onto the existing levee. Show the fence in the cross sections provided
on Sheet C1.1; details for the fence should also be provided.
131. Provide details for proposed retaining wall shown on Sheet C1.0. A cross section
and detail should be provided to show that the entire retaining wall, including the
footing, is within the limits of the subject property.
132. Show existing and proposed grades along the property line to ensure that there are
no impacts to the levee, or the drainage pattern next to the levee.
133. Valley Water owns a Temporary Construction Easement (TCE) within p ortions of
APN 799-44-109 and 799-44-110. Please be advised that no construction, grading,
or improvements shall take place until such time that the temporary construction
easement is extinguished. According to the TCE deeds: “The easement is
necessary for the purpose of constructing the South County Recycled Water
Pipeline Project and related activities incident to construction. This temporary
construction easement shall not be revoked and shall continue in full force and
effect until such time the construction of the South County Recycled Water
Pipeline Project has been completed at which time the temporary construction
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Resolution No. 2022-16
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shall terminate.”
134. Sheet C1.0 shows a concrete walkway which crosses the length of Valley Water’s
water pipeline easement. As per the easement deed, the “easement area shall be
kept clear of any type of building, fences, structure, pavement, or trees unless prior
written approval is obtained from [Santa Clara Valley Water] District.” Staff would
like to reiterate that a Valley Water encroachment permit will need to be issued for
the proposed improvements in this area. Issuance of an encroachment permit are
subject to the applicant demonstrating the improvements will not adversely impact
Valley Water facilities or access for construction, o peration, and/or maintenance of
its facilities.
135. On Sheet L-1.0, Valley Water recommends the complete removal of the olive trees
(Olea europaea) as their seedlings are invasive on creeks. According to the
Guidelines and Standards for Land Use Near Stream s (G&S), Design Guide 3,
Section 1.C.2, Olea europaea is listed as an invasive species that should be
avoided. Furthermore, Design Guide 4, Section 1.C, states that invasive, non -
native species should not be planted near streams.
136. Sheet L-2.0 of the landscaping plans show Western Sycamore (Platanus
racemosa) as one of the proposed tree plantings. Valley Water would like to note
that recent studies in Coyote Valley have shown that many Western Sycamores
could be a non-local ecotype or undesirable hybrid species. According to the G&S,
Design Guide 2, Sections 1.B and 1.C, plantings that have been “propagated from
seeds, cuttings or divisions collected from the same local creek or watershed”
should be used.
137. Sheet L-2.0 of the landscaping plans shows proposed plantings within the limits of
the TCE and pipeline easement noted in Commen t #5 and #6, respectively. Valley
Water currently has an ongoing capital project to expand the recycled water line
through the subject parcel. Consequently, the TCE should be ke pt clear until
construction in this area has been completed.
138. Sheet L-2.0 of the landscaping plans currently show a proposed tree planting
within Valley Water’s pipeline easement. To avoid potential damage and maximize
access to the pipeline, trees should not be planted within the easement area.
Plantings within the easement area must be limited to low lying ground cover
plants which do not consist of shrubs or trees. A Valley Water approval and permit
is required for any proposed improvements within the easement.
139. The lighting plans prepared by AGi32 show trees within Valley Wate r’s fee title;
please clarify if these are existing trees. There should be no proposed trees on
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Packet Pg. 453 Attachment: Planning Commission Resolutions and Staff Report [Revision 1] (4030 : Royal Way Townhomes)
Resolution No. 2022-16
Page 44
Valley Water right of way.
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9.3.e
Packet Pg. 454 Attachment: Planning Commission Resolutions and Staff Report [Revision 1] (4030 : Royal Way Townhomes)
ORDINANCE NO. 2022-XX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GILROY APPROVING A PLANNED UNIT
DEVELOPMENT OVERLAY ZONING AMENDMENT FOR
PROPERTY LOCATED ON ROYAL WAY APN: 790-44-93,
94, 95, 96, 97, 98, 101, 109 & 110, GILROY, CA 95020 (FILE
NUMBER Z 21-05)
WHEREAS, on October 4, 2021, Michael Cady, Third Millennium Partners, and property
owner Paul Sanders, TMP Royal Way, LLC filed applications requesting architectural and site
review, tentative map, and planned unit development rezoning to permit a 45-unit townhome
project on the subject 3.37 acre vacant in-fill site located on Royal Way and the Uvas Creek Trail;
and
WHEREAS, on July 29, 2022, the application submittal was accepted as complete; and
WHEREAS, the project has been reviewed and determined to qualify for an infill
exemption under the California Environmental Quality Act, pursuant to section 15332 of the
CEQA Guidelines, and no further environmental analysis is required, as follows:
i) The project is consistent with the applicable general plan medium density land
use designation, all applicable general plan policies that promote attached
medium density development of the site as proposed, and CEQA Guidelines
Section 15183 that states the no additional environmental review is for a project
consistent with the general plan where there are no particular project -specific
significant effects.
ii) The project is substantially consistent with the base R3 zoning designation and
regulations, with the flexibility to the zoning standards that have been
considered and approved through the PUD overlay process in order to permit
attached townhome development consistent with the General Plan.
iii) The proposed development occurs within city limits on a project site of no more
than five acres which is substantially surrounded by urban uses.
iv) The site has no value as a habitat for endangered, rare, or threatened species.
v) Approval of the project would not result in any significant effects relating to
traffic, noise, air quality, or water quality and proposes development anticipated
by the General Plan and General Plan EIR.
vi) The site can be adequately served by all required utilities and public services
which ae available at the street frontage.
vii) There are no significant effects peculiar to this site which is a vacant infill site
that was previously approved for residential development and has no unique
constraints or habitat conditions.
9.3.f
Packet Pg. 455 Attachment: Proposed Ordinance (4030 : Royal Way Townhomes)
Ordinance No. 2022-XX
Planned Unit Development Zoning Amendment Z 21-05; Royal Way Townhomes Project
City Council Regular Meeting | November 21, 2022
Page 2 of 4
WHEREAS, pursuant to Gilroy City Code Section 30.26.50 and Section 30.50.50, the
Planning Commission and City Council must approve the planned unit development (PUD)
rezoning request and a planned development permit prior to development under the PUD overlay;
and
WHEREAS, on October 6, 2022, the Planning Commission of the City of Gilroy held a
duly noticed public hearing on the project, independently considered the environmental
determination, considered the Planned Unit Development request (Z 21-05) and related
entitlements in accordance with the Gilroy Zoning Ordinance, staff report, and all evidence
received including written and oral public testimony and recommended approval of the project to
the City Council; and
WHEREAS, the Planning Commission concurrently reviewed and recommended to the
City Council approval of Architectural and Site Plan Review application AS 21-17, which serves
as the approved PUD development plan, to assure that quality design elements and public
amenities are included as required for development within the PUD overlay; and
WHEREAS, the Planning Commission concurrently reviewed and recommended to the
City Council approval of the Vesting Tentative Map application TM 21-04, as necessary to
subdivide the property into individual townhome lots for sale consistent with the PUD rezoning
and development plan approvals; and
WHEREAS, the Planning Commission of the City of Gilroy determined that the proposed
Planned Unit Development Zoning Map Amendment (Z 21-05) meets the findings for approval
and recommended that the City Council approve application Z 21-05, subject to Conditions of
approval.
WHEREAS, the City Council held a duly noticed public hearing on November 21, 2022,
at which time the City Council received and considered the staff report, as well as all evidence,
received including written and oral public testimony related to the project Z 21-05 and related
entitlements; 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 City Clerk’s
Office.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION I
The City Council finds pursuant to Gilroy Municipal Code Chapter 30.26 and Article LII that:
A. The R3PUD overlay conforms to the applicable Gilroy General Plan in that it
promotes attached medium-density residential development at 13.35 units per
acre, consistent with the Medium Density Residential land use density of 8 to
20 units per acre.
9.3.f
Packet Pg. 456 Attachment: Proposed Ordinance (4030 : Royal Way Townhomes)
Ordinance No. 2022-XX
Planned Unit Development Zoning Amendment Z 21-05; Royal Way Townhomes Project
City Council Regular Meeting | November 21, 2022
Page 3 of 4
B. The PUD overlay amendment is necessary in order to carry out the applicable
general plan goals and policies in that it would provide an attached housing
ownership option that complies with applicable multi-family objective design
standards, provides a type of development that would integrate well within the
existing neighborhood which contains a mixture of multi-family and single-
family development, and meets the medium density general plan land use
density established for the site.
C. The PUD overlay amendment is necessary in order to carry out the general
purpose of the Zoning Ordinance in that it would promote the development of
high quality, medium density, ownership housing options within the City.
D. As required by the overlay combining district, Architectural and Site Review
Permit AS 21-17 has been submitted and considered concurrently to establish
the PUD development plan for this PUD overlay zoning amendment, and
findings have been provided to support the amendment and development plan
as required pursuant Section 30.50.50.
SECTION II
The Planned Unit Development Overlay Zoning Amendment (Z 21-05) for property
located on Royal Way, Assessor Parcel No’s 799-44-93, 94, 95, 96, 97, 98, 101, 109 and 110,
within the City of Gilroy R3 Medium Density Residential zoning district is hereby approved
subject to the following conditions:
1. The development approval shall be implemented consistent with the plans and
materials submitted for concurrent applications AS 21-17 and TM 21-04.
Should these related entitlements expire, the property may otherwise develop
under the R3 base zoning regulations.
2. The approval is subject to all, restrictions and requirements established in
Gilroy City Code Section 30.50.26 and 30.50.50 which address modifications,
time limits, violations and revocations, and revisions.
SECTION III
If any section, subsection, subdivision, sentence, clause, or phrase of this Ordinance is for
any reason held to be unconstitutional or otherwise void or invalid by any court of competent
jurisdiction, the validity of the remaining portion of this Ordinance shall not be affected thereby. SECTION IV
Pursuant to section 608 of the Charter of the City of Gilroy, this Ordinance shall be in full
force and effect thirty (30) days from and after the date of its adoption.
9.3.f
Packet Pg. 457 Attachment: Proposed Ordinance (4030 : Royal Way Townhomes)
Ordinance No. 2022-XX
Planned Unit Development Zoning Amendment Z 21-05; Royal Way Townhomes Project
City Council Regular Meeting | November 21, 2022
Page 4 of 4
INTRODUCED the 21st day of November, PASSED AND ADOPTED this 5th day of
December 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
9.3.f
Packet Pg. 458 Attachment: Proposed Ordinance (4030 : Royal Way Townhomes)
RESOLUTION NO. 2022-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING A VESTING TENTATIVE MAP TO APPROVE A 45 UNIT
TOWNHOME PLANNED DEVELOPMENT ON 3.37 ACRES AT ROYAL
WAY, APN 799-44-93, 94, 95, 96, 97, 98, 101, 109 & 110, GILROY, CA 95020
(FILE NUMBER TM 21-04)
WHEREAS, on October 4, 2021, Michael Cady, Third Millennium Partners and, property
owner Paul Sanders, TMP Royal Way, LLC filed applications requesting architectural and site
review, tentative map, and planned unit development rezoning to permit a 45-unit townhome project
on the subject 3.37 acre vacant in-fill site located on Royal Way and the Uvas Creek Trail; and
WHEREAS, on July 29, 2022, the application submittal was accepted as complete; and
WHEREAS, pursuant to Gilroy City Code Chapter 21 Subdivisions, the Planning
Commission must recommend and City Council must approve a vesting tentative map application;
and
WHEREAS, the Planning Commission of the City of Gilroy has reviewed PUD zoning
amendment Z 21-05 and the related architectural and site review permit AS 21-17 by separate
resolutions, which are required to allow for the townhome development to proceed as proposed; and
WHEREAS, on October 6, 2022, the Planning Commission of the City of Gilroy held a duly
noticed public hearing on the project, independently considered the environmental determination and
the zoning and land use entitlements in accordance with the Gilroy Zoning Ordinance, considered
the staff report, and all evidence received including written and oral public testimony and
recommended approval of the project to the City Council with conditions; and
WHEREAS, the City Council held a duly noticed public meeting on November 21, 2022, at
which time the City Council received and considered the staff report as well as well as all evidence,
including written and oral public testimony related to the Tentative Parcel Map TM 21-04; and
WHEREAS, the City Council of the City of Gilroy has determined that the project qualifies
for an infill exemption under the California Environmental Quality Act, pursuant to section 15332 of
the CEQA Guidelines, and no further environmental analysis is required; 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 located at the City Clerk’s
Office.
NOW, THEREFORE, BE IT RESOLVED THAT in order to recommend denial of the
proposed Tentative Parcel Map, the City Council would have to make one of the seven listed
findings described in Government Code Section 66474 based upon substantial evidence in the
record. The seven findings are listed below, along with an explanation for each one as to why the
Council cannot make the finding:
9.3.g
Packet Pg. 459 Attachment: Draft Resolution - TM 21-04 (4030 : Royal Way Townhomes)
Resolution No. 2022-XX
Tentative Map TM 21-04; Royal Way Townhomes Project
City Council Regular Meeting | August 1, 2022
Page 2 of 7
1. That the proposed subdivision is not consistent with applicable general and specific
plans as specified in Gov. Code Section 65451.
This finding for denial cannot be made. The proposed map is consistent with the general
plan medium-density land use designation and general plan policies that require attached
housing in the medium-density residential land use designation and promote home
ownership options.
2. That the design or improvement of the proposed subdivision is not consistent with
applicable general and specific plans.
This finding for denial cannot be made. The design or improvement of the proposed
subdivision is generally consistent with the goals of the Gilroy 2040 General Plan and no
Specific Plan applies to this property or proposed development. The design of the
proposed subdivision is also consistent with the Gilroy Mixed-use Residential and Multi-
family Residential Objective Design Standards Policy.
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 as it consists of a flatland area that is not in a flood-prone location, does not
have any unique physical or environmental constraints, and is designated for medium-
density land use at and the project is within the 8 to 20 unit per acre density.
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 the proposed
density because the proposed development has been designed in conformance with the
Gilroy 2040 General Plan density allowance and the City’s Zoning Ordinance,
Subdivision Ordinance, and Land Development Code.
5. That the design of the proposed subdivision 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 or the proposed
improvements are unlikely to cause substantial environmental damage or substantially
and avoidably injure fish or wildlife or their habitat as the site has no creeks, streams,
wetlands or any other physical or environmental constraints and qualifies for an infill
exemption pursuant to section 15332 of the California environmental quality act.
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 or type of
improvements is not likely to cause serious public health problems given that the utilities
for the development are immediately adjacent along the Royal Way frontage and will be
extended into the site under valid grading and encroachment permits.
9.3.g
Packet Pg. 460 Attachment: Draft Resolution - TM 21-04 (4030 : Royal Way Townhomes)
Resolution No. 2022-XX
Tentative Map TM 21-04; Royal Way Townhomes Project
City Council Regular Meeting | August 1, 2022
Page 3 of 7
7. That the design of the 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
through or use of property within the proposed subdivision.
This finding for denial cannot be made. The design of the subdivision or the type of
improvements as proposed and conditioned will not conflict with easements, acquired by
the public at large, for access through or use of, property within the proposed
subdivision.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Gilroy
hereby finds that the project meets the findings for approval, and approves application TM 21-04,
subject to the conditions included as Attachment A.
PASSED AND ADOPTED this 21st 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
9.3.g
Packet Pg. 461 Attachment: Draft Resolution - TM 21-04 (4030 : Royal Way Townhomes)
Resolution No. 2022-XX
Tentative Map TM 21-04; Royal Way Townhomes Project
City Council Regular Meeting | August 1, 2022
Page 4 of 7
ATTACHMENT A
STANDARD CONDITIONS OF APPROVAL
TM 21-04
PLANNING DIVISION
The following conditions shall be met prior to the approval of the FINAL MAP or PARCEL MAP,
or other deadlines as specified in the condition.
1. RELATED ENTITLEMENTS: Approval and development of TM 21-04 for a 45 unit
townhome development shall be subject to conformance with the related PUD rezoning Z
21-05 and PUD development plan AS 21-17.
2. TENTATIVE MAP: An approved tentative map or vesting tentative map shall expire
twenty-four (24) months from the approval date and may be extended pursuant to the
provisions of the Map Act, if the final map is not approved prior to expiration.
3. HOMEOWNERS’ ASSOCIATION: Developer shall establish a Homeowners’
Association (HOA) for the development. The HOA shall be responsible for the
maintenance and enforcement of parking, private streets, landscaping, recreation and other
interior areas held in common by the HOA. Such responsibilities shall be provided within
the Covenants, Conditions, and Restrictions (CC&Rs) for the development. The City shall
review all CC&Rs prior to recordation.
4. 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.
PUBLIC WORKS DEPARTMENT
The following conditions shall be met prior to the approval of the FINAL MAP or PARCEL MAP,
or if another deadline is specified in a condition, at that time.
5. 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
9.3.g
Packet Pg. 462 Attachment: Draft Resolution - TM 21-04 (4030 : Royal Way Townhomes)
Resolution No. 2022-XX
Tentative Map TM 21-04; Royal Way Townhomes Project
City Council Regular Meeting | August 1, 2022
Page 5 of 7
their title company and the County Recorder’s Office to determine the time necessary to
have the map recorded after City approval. (PUBLIC WORKS)
6. PROPERTY IMPROVEMENT AGREEMENT (PIA): The applicant shall enter into a
public improvement agreement with the City per Gov. Code Section 66462(a) and shall
arrange to provide Payment and Performance bonds each for 100% of the cost of public
infrastructure improvements to be constructed in the public right-of-way. These
improvements shall include, but not be limited to, roadway construction, sidewalk, curb and
gutter, water lines, storm lines, sewer lines, street lights, and signal equipment. City
Standard insurance shall be provided per the terms of the agreement. The agreement will
be forwarded to the City Council for approval with project (parcel or final) map. The PIA
shall be approved by the City Council prior to the issuance of the project building permit.
(PUBLIC WORKS)
7. MONUMENTS: The applicant shall arrange for the engineer to have all monuments set
per the recorded final map. A certificate letter by the Surveyor or Engineer will be
provided to the City Engineer. (PUBLIC WORKS)
8. COVANANTS, CONDITIONS & RESTRICTIONS (CC&R): The applicant shall
prepare project Covenants, Conditions and Restrictions (CC&R) for the project. The
CC&Rs shall be submitted with the project map for review and approval of the City
Engineer, the City Attorney, and the Planning Manager. The CC&Rs shall include relevant
project Conditions of Approval and shall include language that restricts the Homeowner’s
Association from making changes to the CC&Rs without first obtaining approval from the
City. The CC&Rs shall be reviewed and approved prior to the City Council approval of the
project map. (PUBLIC WORKS)
9. RECORD DRAWINGS: The applicant shall submit one full set of original record
drawings and construction specifications for all off-site improvements to the Department of
Public Works. All underground facilities shall be shown on the record drawings as
constructed in the field. The applicant shall also provide the City with an electronic copy of
the record drawings in the AutoCAD Version being used by the City at the time of
completion of the work. The applicant shall also submit an AutoCAD drawing file of all
consultants composite basemap linework showing all public improvements and utility
layouts. This condition shall be met prior to the release of utilities, final inspection, or
issuance of a certificate of occupancy, whichever occurs first. (PUBLIC WORKS)
10. PAVEMENT RESTORATION: Due to the proposed development making pavement cuts
into the existing roadway, additional construction traffic, existing pavement condition, and
additional future traffic all reducing the City Pavement Condition Index, the developer shall
grind and pave Royal Way, from curb to curb, along the project frontage (full roadway
width) with a minimum 3” hot mix AC with pavement section dig-out repairs where
needed. The extent of the pavement section dig-out repairs to be determined by the
developer’s geotechnical engineer and to be confirmed by the City Engineer. Identify this
item on the first building submittal. (PUBLIC WORKS)
9.3.g
Packet Pg. 463 Attachment: Draft Resolution - TM 21-04 (4030 : Royal Way Townhomes)
Resolution No. 2022-XX
Tentative Map TM 21-04; Royal Way Townhomes Project
City Council Regular Meeting | August 1, 2022
Page 6 of 7
11. STREET RESURFACING PRIOR TO ACCEPTANCE: Streets in the public right of
way shall be striped in paint as a final condition prior to the beginning of the one-year
warranty period. Prior to final acceptance, the applicant shall apply a Type II
slurry/microsufacing to all streets, and apply final street markings, per the approved plans,
in thermoplastic to Caltrans Standards. All Type II slurry/microsurfacing and final striping
shall be to the approval of the City Engineer. (PUBLIC WORKS)
12. STORMWATER MANAGEMENT FACILITIES MAINTENANCE AGREEMENT:
The applicant shall execute a Stormwater Management Facilities Maintenance Agreement
with the City Engineer as specified in Chapter 7.39.210-230 of the Stormwater
Management and Discharge Control ordinance. The agreement shall outline the operation
and maintenance (O&M) plan for the permanent storm water treatment facilities. The City-
Standard Stormwater BMP Operation and Maintenance Agreement will be provided by
Public Works Engineering. The agreement shall include the following:
a. This Agreement shall also provide that in the event that maintenance or repair is
neglected, or the stormwater management facility becomes a danger to public health
or safety, the city shall have the authority to perform maintenance and/or repair
work and to recover the costs from the owner.
b. All on-site stormwater management facilities shall be operated and maintained in
good condition and promptly repaired/replaced by the property owner(s) or other
legal entity approved by the City.
c. Any repairs or restoration/replacement and maintenance shall be in accordance with
City-approved plans.
d. The property owner(s) shall develop a maintenance schedule for the life of any
stormwater management facility and shall describe the maintenance to be
completed, the time period for completion, and who shall perform the maintenance.
This maintenance schedule shall be included with the approved Stormwater Runoff
Management Plan.
This agreement shall be executed prior to the first occupancy of the building. (PUBLIC
WORKS)
13. STORMWATER MANAGEMENT FACILITIES INSPECTION: The Stormwater
Management Facilities Maintenance Agreement work shall require inspections be
performed which shall adhere to the following:
a. To comply with the State Stormwater requirements and the NPDES permit, the
applicant shall secure a QSD or QSP to maintain all erosion control and BMP
measures during construction. The applicant’s QSD or QSP shall provide the City
weekly inspection reports to the approval of the City Engineer.
b. Stormwater facility inspections shall be done at least twice per year, once in Fall by
October 1st, in preparation for the wet season, and once in Winter by March 15th.
Written records shall be kept of all inspections and shall include, at minimum, the
following information:
1. Site address;
2. Date and time of inspection;
3. Name of the person conducting the inspection;
9.3.g
Packet Pg. 464 Attachment: Draft Resolution - TM 21-04 (4030 : Royal Way Townhomes)
Resolution No. 2022-XX
Tentative Map TM 21-04; Royal Way Townhomes Project
City Council Regular Meeting | August 1, 2022
Page 7 of 7
4. List of stormwater facilities inspected;
5. Condition of each stormwater facility inspected;
6. Description of any needed maintenance or repairs; and
7. As applicable, the need for site re-inspection.
c. Upon completion of each inspection, an inspection report shall be submitted to
Public Works Engineering no later than October 1st for the Fall report, and no later
than March 15th of the following year for the Winter report.
d. Before commencing any grading or construction activities, the applicant shall obtain
a National Pollutant Discharge Elimination System (NPDES) permit and provide
evidence of filing of a Notice of Intent (NOI) with the State Water Resources
Control Board.
e. The applicant is responsible for ensuring that all contractors are aware of all storm
water quality measures and implement such measures. Failure to comply with the
approved construction BMPs will result in the issuance of correction notices,
citations or a project stop order.
f. Sequence of construction for all stormwater facilities (bioswales, detention/
retention basins, drain rock, etc.) shall be done toward final phases of project to
prevent silting of facilities and reduce the intended use of the facilities.
g. Prior to final inspection, all stormwater facilities will be tested by a certified QSP or
QSD to meet the minimum design infiltration rate. All tests shall be made at on 20
ft x 20ft grid pattern over the surface of the completed stormwater facility unless
otherwise approved by the City Engineer.
All soil and infiltration properties for all stormwater facilities shall be evaluated by the
geotechnical engineer. Percolation tests (using Double Ring Infiltrometer Testing with
appropriate safety factors) at horizontal and vertical (at the depth of the stormwater facility)
shall be conducted for each stormwater facility. A 50% safety factor shall be applied to the
calculated percolation test and shall be used as the basis for design (the design percolation
rate). The geotechnical report shall include a section designated for stormwater design,
including percolation results and design parameters. (PUBLIC WORKS)
9.3.g
Packet Pg. 465 Attachment: Draft Resolution - TM 21-04 (4030 : Royal Way Townhomes)
RESOLUTION NO. 2022-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING AN ARCHITECTURAL AND SITE
REVIEW PERMIT TO APPROVE A 45 UNIT TOWNHOME
PLANNED DEVELOPMENT ON 3.37 ACRES AT ROYAL
WAY, APN 799-44-93, 94, 95, 96, 97, 98, 101, 109 & 110,
GILROY, CA 95020 (FILE NUMBER AS 21-17)
WHEREAS, on October 4, 2021, Michael Cady, Third Millennium Partners and property
owner Paul Sanders, TMP Royal Way, LLC filed applications requesting architectural and site
review, tentative map, and planned unit development rezoning to permit a 45 unit townhome project
on the subject 3.37 acre vacant in-fill site located on Royal Way and the Uvas Creek Trail; and
WHEREAS, on July 29, 2022, the application submittal was accepted as complete; and
WHEREAS, pursuant to Gilroy City Code Section 30.50.40 and Section 30.50.50, the
Planning Commission must recommend and City Council must approve a planned development
permit prior to development under the PUD overlay, and approve the site and building design for
medium-density housing; and
WHEREAS, the Planning Commission of the City of Gilroy has reviewed the PUD overlay
zoning amendment Z 21-05 by separate resolution, to assure that quality design elements and public
amenities are included as required for development within the PUD overlay; and
WHEREAS, the City Council has concurrently reviewed the vesting tentative map
application TM 21-04, as necessary to subdivide the property into individual townhome lots for sale
consistent with the PUD rezoning and development plan approvals; and
WHEREAS, on October 6, 2022, the Planning Commission of the City of Gilroy held a duly
noticed public hearing on the project, independently considered the environmental determination and
the zoning and land use entitlements in accordance with the Gilroy Zoning Ordinance, considered the
staff report, and all evidence received including written and oral public testimony and recommended
approval of the project to the City Council, with certain recommended changes as discussed in the
staff report to the City Council; and
WHEREAS, the City Council held a duly noticed public meeting on November 21, 2022,
received and considered the staff report as well as all evidence received including written and oral
public testimony related to the project AS 21-17; and
WHEREAS, the City Council of the City of Gilroy has determined that the project qualifies
for an infill exemption under the California Environmental Quality Act, pursuant to section 15332 of
the CEQA Guidelines, and no further environmental analysis is required; 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 City Clerk’s Office.
NOW, THEREFORE, BE IT RESOLVED that pursuant to Section 30.50.50 the City
Council of the City of Gilroy hereby finds as follows:
9.3.h
Packet Pg. 466 Attachment: Draft Resolution - AS 21-17 (4030 : Royal Way Townhomes)
Resolution No. 2022-XX
Architectural and Site Permit AS 21-17; Royal Way Townhomes Project
City Council Regular Meeting | November 21, 2022
Page 2 of 41
1. The PUD development plan conforms to the Gilroy general plan in terms of general
location and standards of development in that it proposes attached housing at 13.35 units
per net acre which complies with the medium density residential range of 8 to 20 units per
net acre, and the housing will integrate with the existing neighborhood which is primarily
comprised of two story multi-family and single-family homes.
2. The PUD development plan provides the type of development which will fill a specific
need of the surrounding area, in that it promotes additional home ownership opportunities
within the City as an option to the more predominant single family housing supply.
3. The project would not require urban services beyond those which are currently available
at Royal Way to serve the infill development site.
4. The project would provide a harmonious, integrated plan for an attached housing product
that will integrate with the neighborhood, implement the desired density, and provide
desired amenities, which justifies the few minor exceptions requested for exterior
boundary side yard and front yard setbacks to the normal requirements of the R3 zoning
district.
5. The project reflects an economical and efficient pattern of site development by providing
a mix of two and three bedroom units approximately 1,200 to 1,300 square feet in size
that comply with density, open space, landscaping, parking and height standards and
integrate with the neighborhood development pattern.
6. The project would include greater provisions for landscaping and open space than would
generally be required in that the project includes private yard areas for each home
exceeding the 150 square foot minimum, minimum patio, porch and balcony areas that
exceed the 48 square foot area, active and passive recreation areas that significantly
exceed the 1,200 sf combined total required, and landscaping and maintenance of property
on the Gilroy High School would be included to ensure the area would be visible and
attractive.
7. The project would utilize creative, aesthetic design principles to create attractive
buildings, open space and site design to blend with the character of surrounding areas in
that the project includes stepbacks and setbacks from adjacent residences with perimeter
walkways to provide for increased privacy and open space between the adjoining units,
and attractive buildings that would face the Uvas Creek Trail and Royal Way frontage so
that the buildings do not back onto public space.
8. The project would not create traffic congestion, noise, odor, or other adverse effects on
surrounding areas, as the project consists of a small infill development in an existing
residential neighborhood that would not generate a significant or unusual number of
vehicle trips.
9.3.h
Packet Pg. 467 Attachment: Draft Resolution - AS 21-17 (4030 : Royal Way Townhomes)
Resolution No. 2022-XX
Architectural and Site Permit AS 21-17; Royal Way Townhomes Project
City Council Regular Meeting | November 21, 2022
Page 3 of 41
9. The project would provide adequate access, parking, landscaping, trash areas and storage,
as necessary as these features have been planned for an integrated into the plan in
compliance with standards.
10. The project proposes art as an additional public amenity consistent with the intent of the
PUD overlay district as well as the City of Gilroy Multifamily Objective Des ign
Standards.
NOW, THEREFORE, BE IT FURTHER RESOLVED that pursuant to Section 30.50.40
the City Council of the City of Gilroy hereby finds as follows:
1. The medium density development is in accordance with the general plan land use
designation and applicable policies as discussed in the PUD plan finding 1 above.
2. The land use is in harmony with the surrounding environment as the size, placement,
orientation and design of homes would compatible with the type and scale of existing
development in the neighborhood which includes two story single and multifamily
development, units face onto public areas and open spaces, the buildings and
landscaping details provide detailed architecture and dense landscaping with trees,
and the project will promote private home ownership in the area.
3. The project has been reviewed to ensure traffic, signs, site development, landscaping,
drainage, fire protection and environmental impacts were adequately evaluated by all
departments and the project meets or exceeds the standards as discussed in the
detailed project staff report.
4. Conditions have been included as part of the approval to ensure construction of the
project including landscaping, trash areas, lighting, screening design quality will be
maintained and remain covered by these findings.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City
of Gilroy hereby approves application AS 21-17, subject to the conditions included as Attachment
A.
9.3.h
Packet Pg. 468 Attachment: Draft Resolution - AS 21-17 (4030 : Royal Way Townhomes)
Resolution No. 2022-XX
Architectural and Site Permit AS 21-17; Royal Way Townhomes Project
City Council Regular Meeting | November 21, 2022
Page 4 of 41
PASSED AND ADOPTED this 21st 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
9.3.h
Packet Pg. 469 Attachment: Draft Resolution - AS 21-17 (4030 : Royal Way Townhomes)
Resolution No. 2022-XX
Architectural and Site Permit AS 21-17; Royal Way Townhomes Project
City Council Regular Meeting | November 21, 2022
Page 5 of 41
ATTACHMENT A
CONDITIONS OF APPROVAL
AS 21-17
PLANNING DIVISION
The following GENERAL conditions authorize specific terms of the project ENTITLEMENT(S).
1. APPROVED PROJECT: The approval for AS 21-17 is granted to construct 45 two story
townhomes in 11 buildings with associated parking, landscaping, amenities and site
improvements located on the 3.37 acres of land at Assessor Parcel No. 799-44-93, 94, 95,
96, 97, 98, 101, 109 & 110,as shown on Project Plans dated 4/26/22 3rd planning submittal
for Royal Way Townhomes prepared by Hochhauser Blatter Architecture and Planning,
BFS Landscape Architects and Civil Design Studio, and consisting of 49 sheets.
Build-out of the project shall conform to the plans, except as otherwise specified in these
conditions. Any future adjustment or modification to the plans, including any changes made
at time of 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. PERMIT EXPIRATION: The expiration date of this approval shall be concurrent with
the Vesting Tentative Map TM 21-04. If building permits have not been obtained within 12
months after the Final Map is recorded, the approval shall be deemed automatically
revoked. Upon application, an extension of time may be granted by the Community
Development Director or designee. Should Developer intend to request an extension to the
permit expiration date, Developer must submit to the Planning Division a written
application with applicable fees prior to the expiration date. Only timely requests may be
considered pursuant to the City Code.
3. RELATED ENTITLEMENTS: This entitlement represents the approved development
plan for Z 21-05, R3-PUD rezoning. Subdivision of the site into individual townhomes may
be permitted consistent with approval TM 21-04.
4. 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.
5. 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
9.3.h
Packet Pg. 470 Attachment: Draft Resolution - AS 21-17 (4030 : Royal Way Townhomes)
Resolution No. 2022-XX
Architectural and Site Permit AS 21-17; Royal Way Townhomes Project
City Council Regular Meeting | November 21, 2022
Page 6 of 41
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.
6. WATER LIMITATIONS: Developer shall be advised that the approval is subject to the
drought emergencies provisions pursuant to the Gilroy City Code Chapter 27.98.
7. SINGLE-PHASE DEVELOPMENT: Construction of the project shall be done in a
single-phase unless a phased construction project schedule is approved by the Community
Development Director or designee.
The following conditions shall be addressed prior to issuance of any BUILDING PERMIT,
GRADING PERMIT or IMPROVEMENT PLAN, whichever is first issued, or as otherwise
specified in the condition.
8. CONDITIONS OF APPROVAL: Developer shall include a plan sheet(s) that includes a
reproduction of all conditions of approval of this permit, as adopted by the decision-maker.
9. CERTIFICATION OF BUILDING PERMIT PLANS: The project architect shall certify
in writing that the architectural design shown in the building permit plans match the plans
approved by the Community Development Director or designee/Planning Commission/City
Council. Any changes must be clearly noted. The project architect shall also certify that the
structural plans are consistent with the architectural plans. In the event of a discrepancy
between the structural plans and the architectural plans, the architectural plans shall take
precedence, and revised structural drawings shall be submitted to the Building Division.
10. COLORS AND MATERIALS: Plans submitted for building permit applications shall
include all exterior building materials and colors, including product and finish manufacturer
name, color name and number, and surface finish type (e.g. stucco with sand finish, plaster
with smooth finish) to be used in construction.
11. SUBSEQUENT ENTITLEMENTS: Developer shall obtain necessary permits prior to
initiating any new construction or modifications authorized under this approval, including
but not limited to temporary construction trailers, temporary staging areas, model home
sales offices, advertising signs of any kind, exterior and interior modifications. Developer
shall pay all requisite fees in effect at the time of plan submittal and/or issuance, as
applicable.
12. OTHER REVIEW AGENCIES: This project requires review and approval by outside
agencies including, but not limited to [REVIEWING AGENCIES]. Proof of approval from
9.3.h
Packet Pg. 471 Attachment: Draft Resolution - AS 21-17 (4030 : Royal Way Townhomes)
Resolution No. 2022-XX
Architectural and Site Permit AS 21-17; Royal Way Townhomes Project
City Council Regular Meeting | November 21, 2022
Page 7 of 41
these agencies may be required prior to building permit issuance, inspections, or prior to
Certificate of Occupancy.
13. HABITAT PERMIT: Concurrent with or prior to an application for a grading permit,
Developer shall obtain a Habitat Permit HP 21-13 and pay all applicable mitigation fees.
(See Santa Clara Valley Habitat Agency website: https://www.scv-habitatagency.org/). The
grading permit will be issued only after approval of the Habitat Plan permit and payment of
assessed fees.
14. WINDOWS: The manufacturer type, design, material, and installation details for all
windows within the project shall be specified in the construction drawings for review and
approval by the Community Development Director or designee.
15. GARAGE DOORS: Developer shall provide automatic garage door openers for all
garages. All garage entries closer than 23 feet to the front property line shall be equipped
with a sectional roll-up garage door.
16. FENCES AND WALLS: All fencing and walls are to be shown on construction drawings
submitted for building permit, consistent with the details shown on sheet A 4.5.
17. BICYCLE RACKS OR STORAGE: Developer shall provide “inverted U,” or equivalent
short term bicycle racks as shown on detail 2 sheet A 4.5. Racks on bicycle pads shall be
located along public walkways near each building as shown on sheet A1.1.
18. REFUSE STORAGE: Developer shall provide a level pad adjacent to the street for each
unit to place receptacles for trash service pickup service, and storage space shall be
maintained in the garage for placement of the bins during the rest of the week (as shown on
approved plans).
19. SCREENING OF APPERTUNANCES: Developer shall show on construction drawings
details of screening for all exterior equipment, including but not limited to mechanical
equipment, post indicator valves, backflow prevention devices, utility meters, mailboxes
and address directories, etc. Ground mounted utility appurtenances such as transformers
shall not be visible from any public right-of-way and shall be adequately screened through
the use or combination of concrete or masonry walls, berms, and landscaping.
In addition to the above, backflow preventers shall be painted dark green, except the fire
connection which shall be painted yellow. The final placement and design of these items
shall be to the satisfaction of the Community Development Director or designee.
20. ROOFTOP EQUIPMENT: Developer shall ensure rooftop mechanical equipment,
including but not limited to heating and cooling systems, plumbing vents, ducts, antennas
and other appurtenances protruding from the roof are recessed or otherwise screened.
9.3.h
Packet Pg. 472 Attachment: Draft Resolution - AS 21-17 (4030 : Royal Way Townhomes)
Resolution No. 2022-XX
Architectural and Site Permit AS 21-17; Royal Way Townhomes Project
City Council Regular Meeting | November 21, 2022
Page 8 of 41
Details of the roof equipment and roof screens shall be included in the building permit
drawings and approved by the Community Development Director or designee.
21. RAIN GUTTERS AND DOWNSPOUTS: Developer shall install all roof and building
rain gutters and downspouts, vents, and flashing to integrate as closely as possible with
building design elements, including matching the color of the adjacent surface.
22. ADDRESS DIRECTORIES: Address directories shall be placed in decorative cabinets
and clustered for efficient access by residents and service persons, etc.
23. PLAY STRUCTURE: Provisions for a children’s play yard, including appropriate
equipment, shall be included on the landscape plans to be approved by the Community
Development Director or designee, and installed prior to any occupancy. The provisions of
such facilities and their location must be included in sales information to prospective
buyers.
24. LIGHTING PLAN: Developer shall submit a lighting plan with the application for
building permit. This plan should include photometric contours, manufacturer’s
specifications on the fixtures, and mounting heights. Parking lot and exterior light fixtures
shall be full cutoff type so that lighting is directed downward only, minimizing glare and
light pollution, and shall not cast light on any adjacent property or roadway. Developer
shall recess or conceal any under-canopy lighting elements so they are not directly visible
from any public area. The lighting plan must be approved by the Community Development
Director or designee.
25. LANDSCAPE AND LIGHTING PLAN: A combined landscape and lighting plan shall
be included to verify all project onsite lighting shall be of a type and in a location that does
not constitute a hazard to vehicular traffic, either on private property or on public property,
including streets. Such lighting shall not conflict with drainage plans, landscape plans, tree
locations, parking spaces, or any other such land use concerns.
26. LANDSCAPING: Prior to building permit issuance, proposed landscaping shall be shown
on the site plan and submitted with the construction drawings for review and approval by
the Community Development Director or designee, which substantially comply with
approved plans except as conditioned herein.
27. LANDSCAPE MULCH: As part of the Landscape Plan submittal, Developer shall clarify
a minimum three (3) inch layer of mulch to be applied on all exposed soil surfaces, as
required by the State Model Water Efficient Landscape Ordinance (MWELO).
28. INVASIVE PLANT SPECIES: Developer shall not include any invasive plant species,
such as those listed by the California Invasive Plant Council.
9.3.h
Packet Pg. 473 Attachment: Draft Resolution - AS 21-17 (4030 : Royal Way Townhomes)
Resolution No. 2022-XX
Architectural and Site Permit AS 21-17; Royal Way Townhomes Project
City Council Regular Meeting | November 21, 2022
Page 9 of 41
29. LANDSCAPE DOCUMENTATION PACKAGE: Prior to issuance of building permits
or initiation of the proposed use, whichever comes first, Developer shall submit a
completed Landscape Documentation Package, including a soil analysis/management report
along with appropriate application review fees, to the Community Development
Department, including required documentation for compliance verification, and obtain
approval of such plans.
30. IRRIGATION SENSORS: Prior to issuance of building permits, developer shall (as part
of the irrigation system) indicate on construction drawings sensors that suspend or alter
irrigation operation during unfavorable weather conditions (e.g. automatic rain shut-off
devices).
31. TREE SPECIES: Olive tree species shall be replaced with a less invasive tree, to avoid
seedlings entering the creek channel.
32. TREE LOCATIONS: Trees shall be removed from the Valley Water pipeline easement.
This potentially impacts three trees located behind Building D and the recreation lot.
33. PLANNED UNIT DEVELOPMENT AMENITIES: In compliance with the Planned
Unit Development Combining District (City Code 30.26), the Developer is required to
provide a higher standard of amenities than a standard development. The Developer has
proposed to landscape unused property on the adjacent high school site, provide increased
active and passive recreation and open space areas in the complex, and a location for public
art near the community gazebo. Final details of the amenities must be reviewed and
approved during building permit review and completed prior to occupancy of the first unit.
34. PUBLIC ART: Prior to issuance of building permits, submit a process, timetable, and
evidence of commitment acceptable to the City to ensure installation of a suitable,
significant piece of public-oriented sculpture or similar public art installation prior to
occupancy. This shall include involving the Community Development Director or designee
in reviewing preliminary concepts, artist, and type of work. All public art must be reviewed
and approved by the City of Gilroy Arts and Culture Commission.
35. PLAN REVISIONS: The project plans shall incorporate the following revisions:
1. Garage Doors: Add a top panel that includes windows.
2. Garage Doors: Lighten the paint color on the garage doors.
3. Neighbors:
a. Privacy – install a solid 8’ good-neighbor fence along the PL of Antonio Ct.
lots pending approval by CC
b. Privacy – in front yards of Bldg. E that will face neighboring backyards
install 24” box trees in this area.
c. Dust - increase daily watering from “two” to “three” times-a-day during
grading (as specified in revised standard COA 42a below).
9.3.h
Packet Pg. 474 Attachment: Draft Resolution - AS 21-17 (4030 : Royal Way Townhomes)
Resolution No. 2022-XX
Architectural and Site Permit AS 21-17; Royal Way Townhomes Project
City Council Regular Meeting | November 21, 2022
Page 10 of 41
The following conditions shall be met prior to RELEASE OF UTILITIES, FINAL INSPECTION,
or ISSUANCE OF A CERTIFICATE OF OCCUPANCY, whichever occurs first, or as otherwise
specified in the condition.
36. ON- AND OFF-SITE IMPROVEMENTS: Prior to occupancy, Developer shall complete
all required offsite and onsite improvements related to the project, including structures,
paving, and landscaping, unless otherwise allowed by the Community Development
Director, or stated in these conditions.
37. LANDSCAPE AND IRRIGATION INSTALLATION: Prior to issuance of certificate of
occupancy or building permit final sign-off, Developer shall complete installation of all
landscaping and irrigation in accordance with the approved plans.
38. LANDSCAPE CERTIFICATE OF COMPLETION: Prior to occupancy or initiation of
the proposed use, or completion of each build-out phase of development, Developer shall
submit a signed Certificate of Completion, along with all necessary supporting
documentation and payment to the Community Development Department, for compliance
verification of the landscape installation. Developer is required under the Model Water
Efficient Landscape Ordinance (MWELO) to provide a copy of the approved Certificate of
Completion to the property owner or his or her designee.
39. PLANNING INSPECTION: Inspection(s) by the Planning Division may be required for
the foundation, framing, application of exterior materials, and final completion of each
structure to ensure that the construction matches the approved plans.
40. SITE CLEAN-UP: Prior to issuance of a certificate of occupancy, Developer shall remove
all construction materials, debris, and vehicles from the subject property.
The following conditions shall be complied with AT ALL TIMES DURING THE
CONSTRUCTION PHASE OF THE PROJECT, or as otherwise specified in the condition.
41. CONSTRUCTION RELATED NOISE: To minimize potential construction-related
impacts to noise, Developer shall include the following language on any grading, site work,
and construction plans issued for the subject site
“During earth-moving, grading, and construction activities, Developer shall
implement the following measures at the construction site:
a. Limit construction activity to weekdays between 7:00 a.m. and 7:00 p.m., and on
Saturdays between 9:00 a.m. and 7:00 p.m. Construction noise is prohibited on
Sundays and City-observed holidays;
b. Locate stationary noise-generating equipment as far as possible from sensitive
receptors when sensitive receptors adjoin or are near a construction project area;
9.3.h
Packet Pg. 475 Attachment: Draft Resolution - AS 21-17 (4030 : Royal Way Townhomes)
Resolution No. 2022-XX
Architectural and Site Permit AS 21-17; Royal Way Townhomes Project
City Council Regular Meeting | November 21, 2022
Page 11 of 41
c. Construct sound walls or other noise reduction measures prior to developing the
project site;
d. Equip all internal combustion engine driven equipment with intake and exhaust
mufflers that are in good condition and appropriate for the equipment;
e. Prohibit all unnecessary idling of internal combustion engines;
f. Utilize “quiet” models of air compressors and other stationary noise sources where
technology exists; and
g. Designate a “disturbance coordinator’ who would be responsible for responding to
any complaints about construction noise. The disturbance coordinator will
determine the cause of the noise complaint (e.g. bad muffler, etc.) and will require
that reasonable measures be implemented to correct the problem.”
42. CONSTRUCTION RELATED AIR QUALITY: To minimize potential construction-
related impacts to air quality, Developer shall require all construction contractors to
implement the basic construction mitigation measures recommended by the Bay Area Air
Quality Management District (BAAQMD) and shall include the following language on any
grading, site work, and construction plans issued for the project site
“During earth-moving, grading, and construction activities, Developer shall
implement the following basic control measures at the construction site:
a. All exposed surfaces (e.g. parking areas, staging areas, soil piles, graded areas, and
unpaved access roads) shall be watered three times per day;
b. All haul trucks transporting soil, sand, or other loose material onsite or offsite shall
be covered;
c. All visible mud or dirt tracked out onto adjacent public roads shall be removed
using wet power vacuum street sweepers at least once per day. The use of dry power
sweeping is prohibited;
d. All vehicle speeds on unpaved roads or pathways shall be limited to 15 miles per
hour;
e. All roadways, driveways, and sidewalks to be paved shall be completed as soon as
possible. Building pads shall be laid as soon as possible after grading unless seeding
or soil binders are used;
f. Idling times shall be minimized either by shutting equipment off when not in use or
reducing the maximum idling time to 5 minutes (as required by the California
airborne toxics control measure Title 13, Section 2485 of California Code of
Regulations [CCR]). Clear signage shall be provided for construction workers at all
access points;
g. All construction equipment shall be maintained and properly tuned in accordance
with manufacturer’s specifications. All equipment shall be checked by a certified
visible emissions evaluator; and
h. Post a publicly visible sign with the telephone number and person to contact at the
lead agency regarding dust complaints. This person shall respond and take
9.3.h
Packet Pg. 476 Attachment: Draft Resolution - AS 21-17 (4030 : Royal Way Townhomes)
Resolution No. 2022-XX
Architectural and Site Permit AS 21-17; Royal Way Townhomes Project
City Council Regular Meeting | November 21, 2022
Page 12 of 41
corrective action within 48 hours. The Air District’s phone number shall also be
visible to ensure compliance with applicable regulations.”
43. DISCOVERY OF CONTAMINATED SOILS: If contaminated soils are discovered, the
Developer will ensure the contractor employs engineering controls and Best Management
Practices (BMPs) to minimize human exposure to potential contaminants. Engineering
controls and construction BMPs will include, but not be limited to, the following:
a. Contractor employees working on-site will be certified in OSHA’s 40-hour
Hazardous Waste Operations and Emergency Response (HAZWOPER) training;
b. Contractor will stockpile soil during development activities to allow for proper
characterization and evaluation of disposal options;
c. Contractor will monitor area around construction site for fugitive vapor emissions
with appropriate filed screening instrumentation;
d. Contractor will water/mist soil as it is being excavated and loaded onto
transportation trucks;
e. Contractor will place any stockpiled soil in areas shielded from prevailing winds;
and
f. Contractor will cover the bottom of excavated areas with sheeting when work is not
being performed.
44. DISCOVERY OF PALEONTOLOGICAL RESOURCES: In the event that a fossil is
discovered during construction of the project, excavations within 50’ of the find shall be
temporarily halted or delayed until the discovery is examined by a qualified paleontologist,
in accordance with the Society of Vertebrate Paleontology standards. The City shall include
a standard inadvertent discovery clause in every construction contract to inform contractors
of this requirement. If the find is determined to be significant and if avoidance is not
feasible, the paleontologist shall design and carry out a data recovery plan consistent with
the Society of Vertebrate Paleontology standards.
45. DISCOVERY OF ARCHAEOLOGICAL RESOURCES: In the event of an accidental
discovery of archaeological resources during grading or construction activities, Developer
shall include the following language on any grading, site work, and construction plans
issued for the project site:
“If archaeological or cultural resources are discovered during earth-moving, grading,
or construction activities, all work shall be halted within at least 50 meters (165 feet)
of the find and the area shall be staked off immediately. The monitoring professional
archaeologist, if one is onsite, shall be notified and evaluate the find. If a monitoring
professional archaeologist is not onsite, the City shall be notified immediately and a
qualified professional archaeologist shall be retained (at Developer’s expense) to
evaluate the find and report to the City. If the find is determined to be significant,
appropriate mitigation measures shall be formulated by the professional
9.3.h
Packet Pg. 477 Attachment: Draft Resolution - AS 21-17 (4030 : Royal Way Townhomes)
Resolution No. 2022-XX
Architectural and Site Permit AS 21-17; Royal Way Townhomes Project
City Council Regular Meeting | November 21, 2022
Page 13 of 41
archaeologist and implemented by the responsible party.”
46. DISCOVERY OF HUMAN REMAINS: In the event of an accidental discovery or
recognition of any human remains, Developer shall include the following language in all
grading, site work, and construction plans:
“If human remains are found during earth-moving, grading, or construction
activities, there shall be no further excavation or disturbance of the site or any
nearby area reasonably suspected to overlie adjacent human remains until the
coroner of Santa Clara County is contacted to determine that no investigation of the
cause of death is required. If the coroner determines the remains to be Native
American the coroner shall contact the Native American Heritage Commission
within 24 hours. The Native American Heritage Commission shall identify the
person or persons it believes to be the most likely descendent (MLD) from the
deceased Native American. The MLD may then make recommendations to the
landowner or the person responsible for the excavation work, for means of treating
or disposing of, with appropriate dignity, the human remains and associated grave
goods as provided in Public Resources Code Section 5097.98. The landowner or his
authorized representative shall rebury the Native American human remains and
associated grave goods with appropriate dignity on the property in a location not
subject to further disturbance if: a) the Native American Heritage Commission is
unable to identify a MLD or the MLD failed to make a recommendation within 24
hours after being notified by the commission; b) the descendent identified fails to
make a recommendation; or c) the landowner or his authorized representative rejects
the recommendation of the descendent, and the mediation by the Native American
Heritage Commission fails to provide measures acceptable to the landowner.”
The following conditions shall be complied with AT ALL TIMES that the use permitted by this
entitlement occupies the premises.
47. ADDITIONS, ACCESSORY BUILDINGS, AND PATIO COVERS: Building additions
and patio covers shall conform to the zoning district or PUD approval, as applicable.
48. GARAGE USE: Garage spaces shall be maintained for resident parking. Storage is
permitted in designated areas on the plan, and shall not prevent use of garage for required
vehicle parking.
49. LANDSCAPE MAINTENANCE: For the life of the project, Developer shall maintain
landscaping and irrigation in accordance with the approved plans, except as otherwise
permitted or required by law. Significant changes to the number, placement, and selection
of plant species may require a modification to this approval, to be determined by the
Community Development Director or designee.
9.3.h
Packet Pg. 478 Attachment: Draft Resolution - AS 21-17 (4030 : Royal Way Townhomes)
Resolution No. 2022-XX
Architectural and Site Permit AS 21-17; Royal Way Townhomes Project
City Council Regular Meeting | November 21, 2022
Page 14 of 41
PUBLIC WORKS DEPARTMENT
The following conditions authorize the specific terms and are a part of the project
ENTITLEMENT(S); and which shall be addressed on the construction plans submitted for any
BUILDING PERMIT, GRADING PERMIT or SUPERSTRUCTURE, and shall be satisfied prior
to issuance of whichever permit is issued first, or if another deadline is specified in a condition, at
that time.
50. PAYMENT OF PUBLIC WORKS PLAN CHECK AND INSPECTION FEE: At the
time of first improvement plan submittal, the applicant shall submit a $20,000.00 (Twenty
thousand dollar) initial deposit for project plan check and construction inspection. This
deposit will be credited/accounted toward final plan check and inspection fee for the
project. In addition, the applicant shall submit a detailed project cost estimate prepared by
the project engineer, to approval of the City Engineer, with the initial project plan
submittal. The cost estimate shall be broken out into on-site and off-site improvements.
Prior to plan approval, the applicant shall pay 100% of the plan check and inspection fee
based on the approved project cost estimate. Public Works will not sign-off on the issuance
of the project building permit without full payment of this plan check and inspection fee.
(PUBLIC WORKS).
51. PLAN SUBMITTAL: The Site Improvements engineering project plans shall be submitted
to Public Works, Land Development Section, in full, per the Public Works Engineering
Submittal Checklist available on the City’s website under Land Development or by
contacting the Public Works Engineering Project Manager assigned to this project.
Improvement plans are required for both on-site and off- site improvements, and the
improvement plan set cover sheet shall include an index referencing on-site and off-site
improvements. All improvements shall be designed and constructed in accordance with the
City of Gilroy Municipal Code and Standard Specifications and Details and are subject to
all laws of the City of Gilroy by reference. The improvement plans shall include all civil
project plans including, but not limited to, site plans, grading plans, utility plans, joint
trench, off-site plans, lighting (photometric) plans, and landscaping plans. The plans shall
clearly identify both public and private utilities. The improvement plans shall be submitted
per the Public Works Engineering Submittal Checklist provided by the City, and available
on the City website.
In addition:
a. Plans and all required documents (per the Public Works Land Development
Submittal Checklist) shall be made by appointment only by contacting the Public
Works Project Manager assigned to this project. A complete set of improvement
plans shall consist of Civil site design, landscape site design, Electrical, Joint
Trench. Any walls or structural features part of the landscape design shall also be
included;
b. Improvement plans are required for both on-site and off-site improvements. A
9.3.h
Packet Pg. 479 Attachment: Draft Resolution - AS 21-17 (4030 : Royal Way Townhomes)
Resolution No. 2022-XX
Architectural and Site Permit AS 21-17; Royal Way Townhomes Project
City Council Regular Meeting | November 21, 2022
Page 15 of 41
separate plan set for each shall be prepared, or at the approval of the City
Engineer, onsite and offsite sheets can be combined into one pl an set;
c. The improvement plan submittal, including utility sheets, shall show appropriate
line types and labels to identify different type of utilities and pipe sizes. Utility
boxes, hydrants, backflow preventers, etc. shall be relocated/installed behind the
back of sidewalk;
d. Improvement plans (as second sheet in plan set) shall contain Approved Conditions
of Approval;
e. Improvement plans shall include General Notes found in the City of Gilroy General
Guidelines;
f. Improvement plans shall be completed per the Public Works Engineering submittal
checklist, which can be found in the City’s website. At first submittal, a completed
checklist shall be included in the submittal package and shall show which items
have been included.
g. The improvement plan cover sheet shall include a table summarizing all facilities
(Streets, Utilities, Parks, Landscaping, etc.), showing the ownership of all facilities,
access rights to, and the maintenance responsibilities of all facilities;
h. Improvement and grading plans shall show existing topo and features at least 50’
beyond the project boundary. The plan shall clearly show existing topo, label
contour elevations, drainage patterns, flow lines, slopes, and all other property
encumbrances;
i. If the project has excess fill or cut that will be off-hauled to a site or on-hauled
from a site within the city limits of Gilroy, an additional Haul Permit is required. A
statement indicating the need to obtain a Haul Permit must be added as a general
note to the Grading and Drainage Plan;
j. All grading and improvement plans shall identify th e vertical elevation datum, date
of survey, and surveyor;
k. A Title Report shall be submitted with first submittal improvement plans. An
existing site plan shall be submitted showing all existing site conditions and title
report easements. The plan shall include bearing and distance information for all
right-of-way and easements;
l. The plan shall show any proposed easements to be dedicated for any needed
purpose, or any easement expected to be abandoned through separate
instrument. This includes PUE, PSE, EVAE, Cross-Property Access Easement,
Landscape Easement, Drainage Easement, Pole Line Easement, etc.;
m. To ensure the plans are coordinated and there are no conflicts betwe en disciplines,
the applicant shall provide a “composite exhibit” showing Civil, Landscape,
Electrical, and Joint Trench design information (as a separate sheet titled
“Composite Plan”) to confirm that there are no conflicts. This sheet recommended
to be provided by the Civil Engineer.
n. All Solid Waste Vehicle circulation movements shall be modeled and shown on a
9.3.h
Packet Pg. 480 Attachment: Draft Resolution - AS 21-17 (4030 : Royal Way Townhomes)
Resolution No. 2022-XX
Architectural and Site Permit AS 21-17; Royal Way Townhomes Project
City Council Regular Meeting | November 21, 2022
Page 16 of 41
separate plan sheet. The circulation plan shall be prepared to the City Engineer’s
satisfaction, and modeled using AutoTurn swept analysis software, and shall
include all turning and street circulation movements;
o. All Emergency Vehicle circulation movements shall be modeled and shown on a
separate plan sheet. The circulation plan shall be prepared to the City Engineer’s
satisfaction, and modeled using AutoTurn swept analysis software, and shall
include all turning and street circulation movements;
p. All utility boxes exposed to or near to (and necessarily exposed to) traffic or in a
driveway, including sanitary sewer and/or water meter boxes, shall have traffic-
rated boxes and lids;
q. All on-site recycled water system improvements, including appurtenances, shall be
located within a PSE. (PUBLIC WORKS)
52. UTILITY PLANS: A utility plan shall be provided and included as part of the site
improvements package as specified within these conditions of approval. To ensure
coordination between the applicant and the relevant utility company:
a. The applicant shall provide joint trench composite plans for the underground
electrical, gas, telephone, cable television, and communication conduits and cables
including the size, location and details of all trenches, locations of building utility
service stubs and meters and placements or arrangements of junction structures as
a part of the Improvement Plan submittals for the project. Show preferred and
alternative locations for all utility vaults and boxes if project has not obtained PG&E
approval. A licensed Civil or Electrical Engineer shall sign the composite drawings
and/or utility improvement plans. (All dry utilities shall be placed underground).
b. The applicant shall negotiate any necessary right-of-way or easement with PG&E,
or any other utilities, subject to the review and approval by the Engineering Division
and the utility companies.
c. A “Will Serve Letter” shall be provided for each utility company expected to service
the subdivision. Early coordination with the utility companies is necessary to obtain
this letter. Coordination of City utilities shall be through the Engineering Division.
d. A note shall be placed on the joint trench composite plans which states that the
plan agrees with City Codes and Standards and that no underground utility conflict
exists. (PUBLIC WORKS)
53. UTILITY RESPONSIBILITIES: Storm and sewer utilities in private areas shall be privately owned and
privately maintained. The water system in Gilroy is owned and maintained by the City. Conversely, public
utilities within utility easements on private property remain the responsibility of the individual utility
companies to maintain. The plans shall note the inspection, ownership and maintenance responsibility for
each utility shown on the plans within a Table of Responsibilities on the project cover sheet of the
improvement plans submitted with the initial plan submittal. The table shall include the list of streets, the
responsible party for inspection of the improvements, who is responsible for the ownership of the utility, and
who is responsible for the maintenance of the utility. An example of this table, including the types of utilities
to be listed, can be provided by the Engineering Division upon request. (PUBLIC WORKS)
9.3.h
Packet Pg. 481 Attachment: Draft Resolution - AS 21-17 (4030 : Royal Way Townhomes)
Resolution No. 2022-XX
Architectural and Site Permit AS 21-17; Royal Way Townhomes Project
City Council Regular Meeting | November 21, 2022
Page 17 of 41
54. PREPARATION OF ELECTRICAL PLANS: The project electrical plans shall be prepared by a registered
professional engineer experienced in preparing these types of plans. The applicant shall submit, with the
improvement plans submitted with the initial plan submittal, a letter from the design Electrical or Civil
Engineer that states the electrical plan conform to City Codes and Standards, and to the approved
improvement plans. The letter shall be signed and stamped by the professional engineer that prepares t he
improvement plans. (PUBLIC WORKS)
55. EXISTING FACILITIES PROTECTION: All existing public utilities shall be protected in place and if
necessary, relocated as approved by the City Engineer. No permanent structure is permitted within City
easements without the approval of the City of Gilroy. (PUBLIC WORKS)
56. WATER QUALITY: Project design shall comply with the Stormwater Management
Guidance Manual for Low Impact Development & Post-Construction Requirements. The
applicant shall submit the Source Control Checklist as well as the appropriate Performance
Requirements Checklist found in Appendix A of the manual at the time of the initial
submittal to Public Works, Land Development Section. The manual can be found at the
following site: www.cityofgilroy.org/261/Storm-Water-Management
(PUBLIC WORKS)
57. DEVELOPER STORM WATER QUALITY RESPONSIBILITY: The developer is responsible for
ensuring that all contractors are aware of all storm water quality measures and implement such measures.
Failure to comply with the approved construction BMPs will result in the issuance of correction notices,
citations, or a project stop order. (PUBLIC WORKS)
58. BEST MANAGEMENT PRACTICES (BMP): The applicant shall perform all construction activities in
accordance with Gilroy Municipal Code Section 27C, Municipal Storm Water Quality Protection and
Discharge Controls, and Section E.10, Construction Site Storm Water Run-Off Control Program of the
Regional NPDES Permit. Detailed information can be located at:
www.flowstobay.org/documents/business/construction/SWPPP.pdf. This sheet shall be printed and included
in all building construction plan sets permitted for construction in the City of Gilroy. (PUBLIC WORKS)
59. FIRE DEPARTMENT HYDRANT FLOW TEST: The applicant shall perform a Fire
Hydrant flow test to confirm the water system will adequately serve the development and
will modify any part of the systems that does not perform to the standards established by
the City. Applicant shall coordinate with Fire Department for the Fire Hydrant flow test.
The flow test results shall be submitted with the initial plan submittal. (PUBLIC WORKS)
60. WATER CONSERVATION: The project shall fully comply with the measures required
by the City’s Water Supply Shortage Regulations Ordinance (Gilroy City Code, Chapter
27, Article VI), and subsequent amendments to meet the requirements imposed by the State
of California’s Water Board. This ordinance established permanent voluntary water saving
measures and temporary conservation standards. This project shall apply for a recycled
water use permit, by sending a request to Saeid Vaziry, Senior Civil Engineer,
Saied.Vaziry@cityofgilroy.org, 408-846-0492. Project information to be provided includes,
but not limited to: Site plan, proposed connection point in the rec water system, volume of
water need, duration (what months), time of days. (PUBLIC WORKS)
9.3.h
Packet Pg. 482 Attachment: Draft Resolution - AS 21-17 (4030 : Royal Way Townhomes)
Resolution No. 2022-XX
Architectural and Site Permit AS 21-17; Royal Way Townhomes Project
City Council Regular Meeting | November 21, 2022
Page 18 of 41
61. PROJECT STUDIES: The applicant shall submit, for City approval, any applicable water, sewer, storm
drain or traffic studies for the development deemed appropriate by the City Engineer. These studies shall
provide the supporting hydraulic calculation for pipe sizing per the City Standard De sign Guidelines. The
study shall be reviewed and approved by Engineering. If the results of the study indicate that this
development contributes to the over-capacity of the trunk line, the applicant will be required to mitigate the
impact by removing and replacing or upsizing of the existing utilities to accommodate the appropriate lev el of
project flows to the approval of the City Engineer. The improvements shall be addressed on the construction
drawings, to the approval of the City Engineer, prior to the issuance of the first building permit. (PUBLIC
WORKS)
62. IMPACT FEES: The project is subject to the City’s Street Tree, Storm, Sewer, Water,
Traffic, and Public Facilities Development Impact Fees. The City’s latest impact fee
schedule is available on the City’s website. Payment of all Impact Fees is required at first
building permit issuance. Fees shall be based on the current fee schedule in effect at the
time of fee payment, consistent with and in accordance with City policy. Note that impact
fees increase at the beginning of each fiscal year, July 1. Specific fee language is provided
further in these conditions of approval. (PUBLIC WORKS)
63. STORMWATER MANAGEMENT PLAN: At first improvement plan submittal, the
applicant shall submit a Storm Water Management Plan (SWMP) prepared by a registered
Civil Engineer. The SWMP shall analyze the existing and ultimate conditions and facilities,
and the study shall include all off-site tributary areas. Study and the design shall be in
compliance with the City’s Stormwater Management Guidance Manual (latest edition).
Existing off-site drainage patterns, i.e., tributary areas, drainage amount, and velocity shall
not be altered by the development. The plan shall be to the approval of the City Engineer
and shall be approved prior to the issuance of the building permit. (PUBLIC WORKS)
64. STORMWATER CONTROL PLAN: At first improvement plan submittal, the applicant
shall submit a design level Stormwater Control Plan Report (in 8 ½ x 11 report format), to
include background, summary, and explanation of all aspects of stormwater management.
The report shall also include exhibits, tables, calculations, and all technical information
supporting facts, including but not limited to, exhibit of the proposed site conditions, which
clearly delineates impervious and pervious areas on site. The plan shall provide a separate
hatch or shading for landscaping/pervious areas on-site including those areas that are not
bio-retention areas. This stormwater control plan report format does not replace or is not in-
lieu of any stormwater control plan sheet in the improvement plans. The stormwater
control plan shall include a signed Performance Requirement Certifications specified in the
Stormwater Guidance Manual. At applicant’s sole expense, the stormwater control plan
shall be submitted for review by an independent third party accepted by the City for
compliance. Result of the peer review shall be submittal and approved by the City
Engineer prior to the issuance of the first building permit. (PUBLIC WORKS)
65. REPAIR OF PUBLIC IMPROVEMENTS: The applicant shall repair or replace all
existing improvements not designated for removal, and all new improvements that are
9.3.h
Packet Pg. 483 Attachment: Draft Resolution - AS 21-17 (4030 : Royal Way Townhomes)
Resolution No. 2022-XX
Architectural and Site Permit AS 21-17; Royal Way Townhomes Project
City Council Regular Meeting | November 21, 2022
Page 19 of 41
damaged during construction or removed because of the applicant’s operations. The
applicant shall request a walk-through with the Engineering Construction Inspector before
the start of construction to verify existing conditions. Said repairs shall be completed prior
to the first occupancy of the project. (PUBLIC WORKS)
66. TRIANGULAR AREA OF VISIBILITY : Landscaping and permanent structures located
within the 10' triangular area of visibility at the driveway, and 45’ triangular area of
visibility at any project corner, shall have a minimum vertical clearance of 9’, and/or be less
than 2’ in height. This includes all PG&E above ground structures and other utility
facilities. The sight triangle shall be shown on the site civil plans, to the approval of the
City Engineer, to demonstrate this condition. (PUBLIC WORKS)
67. DRIVEWAY DESIGN: Driveway grades shall be designed to keep a standard design
vehicle from dragging or “bottoming out” on the street or driveway, and to keep water
collected in the street from flowing onto the lots. The details of such design shall be
provided on the site civil plans to the satisfaction of the City
All new driveways servicing multiple units shall be design as to not affect or impact any
street or public right of way. This includes, but not limited to the use, operation, queuing,
maneuver, or delay of passenger vehicles, emergency vehicles, pedestrian use.
68. GRADING & DRAINAGE: All grading activity shall address National Pollutant
Discharge Elimination System (NPDES) concerns. There shall be no earthwork
disturbance or grading activities between October 15th and April 15th unless otherwise
approved by the City Engineer. If approved, the applicant shall submit a Winterization
Erosion Control Plan to the City Engineer for review and approval. This plan shall
incorporate erosion control devices and other techniques in accordance with Gilroy
Municipal Code § 27C to minimize erosion. Specific measures to control sediment runoff,
construction pollution and other potential construction contamination sediment runoff,
construction pollution and other potential construction contamination shall be addressed
through the Erosion Control Plan and Storm Water Pollution Prevention Plan (SWPPP).
The SWPPP shall supplement the Erosion Control Plan and project improvement plans.
These documents shall also be kept on-site while the project is under construction. A Notice
of Intent (NOI) shall be filed with the State Water Resources Control Board, with a copy
provided to the Engineering Division before a grading permit will be issued. A project
WDID# shall be added to the grading plans prior to plan approval. (PUBLIC WORKS)
69. GEOTECHNICAL ENGINEER: Prior to improvement plan approval, the applicant’s
Geotechnical Engineer shall review the final grading, pavement design and drainage plans
to ensure that said designs are in accordance with the recommendations or the project
geotechnical study, and the peer review comments. The applicant’s Geotechnical
Engineer’s approval shall then be conveyed to the City either by letter, or by signing the
plans.
9.3.h
Packet Pg. 484 Attachment: Draft Resolution - AS 21-17 (4030 : Royal Way Townhomes)
Resolution No. 2022-XX
Architectural and Site Permit AS 21-17; Royal Way Townhomes Project
City Council Regular Meeting | November 21, 2022
Page 20 of 41
All grading operations and soil compaction activities shall be per the approved project’s
design level geotechnical report. All grading activities shall be conducted under the
observation of, and tested by, a licensed geotechnical engineer. A report shall be filed with
the City of Gilroy for each phase of construction, stating that all grading activities were
performed in conformance with the requirements of the project’s geotechnical report. The
applicant shall add this condition to the general notes on the grading plan.
Certification of grades and compaction are required prior to Building Permit final. This
statement must be added as a general note to the Grading and Drainage Plan. (PUBLIC
WORKS)
70. TREE REMOVAL PERMIT: The applicant shall obtain a Tree Removal Permit from the
Engineering Division for removal of existing trees in the public right-of-way, prior to the
issuance of a building permit or demolition building permit, whichever is issued first.
(PUBLIC WORKS)
71. ENCROACHMENT PERMITS, BONDS, AND INSURANCE: The applicant must
obtain an encroachment permit, posting the required bonds and insurance, and provide a
one (1) year warranty for all work to be done in the City's right-of-way or City easement.
This encroachment permit shall be obtained prior to the issuance of a foundation building
permit and prior to any work being done in the City's right-of-way. All existing public
utilities shall be protected in place and if necessary, relocated as approved by the City
Engineer. No permanent structures are permitted within the City right-of-way, or within
any City easement unless otherwise approved by the City Engineer. The applicant shall
have street improvement plans prepared for all work in the public right-of-way by a
licensed civil engineer, whose signed engineer’s stamp shall appear on the plans. Prior to
issuance of the encroachment permit, the applicant shall submit any applicable pedestrian
or traffic control plans for any lane or sidewalk closures. The traffic control plan shall
comply with the State of California Manual of Uniform Traffic Control Devices (MUTCD),
and standard construction practices. [(For major street improvements) Construction plans
for improvements in the right-of-way shall be submitted to the City Engineer at 30%, 60%,
and 90% design for review. All design assumptions and criteria shall be submitted with
each phase of design submittal. Project specifications shall be included for review with the
90% design review.]
Final construction plans and specifications shall be approved by the City Engineer, and
released for construction, prior to the issuance of the encroachment permit. The applicant
is required to confirm the location of existing utility lines along the project frontage by
topographic surveys or by potholing if survey data is not able to provide accurate data on
critical conforms or points of connection. Prior to any potholing, applicant shall submit a
pothole plan for City review and approval. Applicant shall provide the pothole result to the
City Engineer prior to final design. Right-of-way improvements shall include, at a
9.3.h
Packet Pg. 485 Attachment: Draft Resolution - AS 21-17 (4030 : Royal Way Townhomes)
Resolution No. 2022-XX
Architectural and Site Permit AS 21-17; Royal Way Townhomes Project
City Council Regular Meeting | November 21, 2022
Page 21 of 41
minimum, the following items: (PUBLIC WORKS)
a. STREET MARKINGS: The applicant shall install necessary street markings of a
material and design approved by the City Engineer and replace any that are
damaged during construction. These include but are not limited to all pavement
markings, painted curbs, and handicap markings. All permanent pavement
markings shall be thermoplastic and comply with Caltrans Standards. Color and
location of painted curbs shall be shown on the plans and are subject to approval by
the City Engineer. Any existing painted curb or pavement markings no longer
required shall be removed by grinding if thermoplastic, or sand blasting if in paint.
b. SIDEWALK: The applicant shall remove and replace all sidewalk surrounding the
project site to City standards. Sidewalk replacement shall be constructed per the
City Standard Drawings.
c. CURB AND GUTTER: The applicant shall replace any damaged and non-City
Standard curb and gutter surrounding the project site. The actual amount of curb
and gutter to be replaced shall be determined by the Public Works Construction
Inspector in the field prior to construction. New curb and gutter shall be constructed
per the City Standard Drawing STR-12.
d. DRIVEWAY APPROACHES: The applicant shall install City Standard
Residential driveway approaches as shown on the approved plans. The new
residential driveway approach shall be constructed per the City Standard Drawing.
e. SEWER LATERAL:
i. The applicant shall install as a minimum a six (6) inch City Standard sewer
lateral connection from the property line to the sewer main located in the
street right-of-way. The installation shall be done in accordance with the City
Standard Drawing SWR-6 including a 6" property line clean-out.
f. SEWER CLEAN-OUT: The applicant shall install a sewer lateral clean-out at the
property line in accordance with the City Standard Drawing SWR-6.
g. SEWER MAIN: New sewer line shall be PVC, SDR 26 or equal. Applicant is
required to submit plans and drawings for approval prior to submitting the first
building permit. Construction of the new mainline shall be completed prior to
issuance of the certificate of occupancy.
h. SANITARY SEWER MANHOLES: The applicant shall install standard sanitary
sewer manholes, per approved plans and in accordance with the City Standard
Drawing.
9.3.h
Packet Pg. 486 Attachment: Draft Resolution - AS 21-17 (4030 : Royal Way Townhomes)
Resolution No. 2022-XX
Architectural and Site Permit AS 21-17; Royal Way Townhomes Project
City Council Regular Meeting | November 21, 2022
Page 22 of 41
i. STORM WATER CATCH BASIN(S): The applicant shall install standard storm
water catch basins, in accordance with the City Standard Drawings.
j. STREET TREES: The applicant shall install street trees along the project frontage in
accordance with the City Standards.
k. STREET LIGHT(S):
i. The applicant shall provide and install standard aluminum electrolier street
light(s) per City Standard Drawing EL-1 to EL-5. The applicant is
responsible for all PG&E service fees and hook-up charges. Any new service
point connection required to power the new lights shall be shown on the
construction drawings along with the conduit, pull boxes and other items
necessary to install the street lights. An Isometric lighting level needs to be
provided by the designer/contractor. A separate light study may be required
by the City Engineer. The new street light shall have 32’ mounting height per
Standard Drawing EL-3, with mounting arm length per Standard Drawing
EL-4, the Fixture shall be Leotek GC1 or GC2 series in an approved
configuration per detail EL-2 or approved equal. The arm shall be installed at
the location as shown on the approved plans.
l. FIRE HYDRANTS: The applicant shall install new fire hydrants along the project
frontage. Spacing shall meet City and Fire Marshall requirements.
72. UTILITIES: All new services to the development shall be "underground service" designed
and installed in accordance with the Pacific Gas and Electric Company, AT&T (phone)
Company and local cable company regulations. Transformers and switch gear cabinets
shall be placed underground unless otherwise approved by the Planning Director and the
City Engineer. Underground utility plans must be submitted to the City prior to
installation. (PUBLIC WORKS)
73. STREET LIGHTING STANDARDS: The applicant shall submit photometric plans for
parking lots, driveways, circulation areas, aisles, passageways, recesses, and publicly-
accessible grounds contiguous to all buildings showing lighting levels to Illuminating
Engineering Society (IES) Standards. The lighting system shall be designed as to limit
light spill beyond property lines and to shield the light source from view from off site. The
photometric plan shall be approved by the City Engineer or their designee, and shall
comply with lighting requirements as follows:
a. Arterial Streets: 1.0 fc average. 3/1 average to minimum uniformity. 0.34 fc minimum
b. Collector/Local Streets: 0.6 fc average. 4/1 average to minimum uniformity. 0.2 fc
minimum
9.3.h
Packet Pg. 487 Attachment: Draft Resolution - AS 21-17 (4030 : Royal Way Townhomes)
Resolution No. 2022-XX
Architectural and Site Permit AS 21-17; Royal Way Townhomes Project
City Council Regular Meeting | November 21, 2022
Page 23 of 41
c. Local Streets: 0.4 fc average. 6/1 average to minimum uniformity. 0.07fc minimum.
d. High Volume Intersections: 1.1fc average. 3/1 average to minimum uniformity. 0.4 fc
minimum.
e. Low Volume Intersections: 0.7 fc average. 4/1 average to minimum uniformity. 0.2
fc minimum.
The applicant shall submit a photometric plan identifying how these lighting levels are
being met given the site geometrics, using the City Standard street lights, and a Type III
lighting distribution. The width of the street shall, and lighting levels shall determine the
lighting spacing. Street lights and pull boxes shall be installed in the planter strip if one is
present, or behind the back of walk where feasible so as to maintain sidewalk clear of
obstructions to the approval of the City Engineer. The photometric plan shall be approved
prior to the issuance of the building permit. (PUBLIC WORKS)
74. FENCES AND OTHER PERMANENT STRUCTURES WITHIN CITY RIGHT-OF-
WAY: The applicant shall locate all project fencing and foundation of a permanent nature
within the project’s property and out of the City right-of-way whenever possible. If located
within the City right-of-way, the applicant shall have a license agreement recorded against
the owner’s property that indemnifies and holds harmless the City. The license agreement
shall also include language in which the applicant agrees to allow access to any utility
company wishing to have access to the public right-of-way for existing or new utility
installation. The license agreement shall also include language that requires the removal of
the fence and foundation, at the owner’s expense, should the City desire to use the right-of-
way for street, sidewalk or other purposes identified by the City Engineer. The license
agreement shall be approved as to form by the City Attorney’s Office and shall be recorded
against the owner’s property prior to the issuance of any City encroachment permit.
(PUBLIC WORKS)
75. FLOOR DRAINS: All floor drains shall be plumbed to connect to the sanitary sewer
system and shall not be connected to stormwater collection system. The plumbing
connections shall be shown on the plans to the approval of the City Engineer. (PUBLIC
WORKS)
76. STORM DRAIN INLETS AND WATERWAYS: Per the City’s Clean Water Program’s
requirements, the applicant shall mark with the words “No Dumping! Flows to Bay,” or
equivalent, using methods approved by the City standards on all storm inlets surrounding
and within the project parcel. Furthermore, storm drains shall be designed to serve
exclusively stormwater. Dual-purpose storm drains that switch to sanitary sewer are not
permitted in the City of Gilroy. (PUBLIC WORKS)
77. GARBAGE/RECYCLE STORAGE AND SERVICE: The applicant shall provide an
adequate area for the purposes of storing garbage and recycling collection containers for
9.3.h
Packet Pg. 488 Attachment: Draft Resolution - AS 21-17 (4030 : Royal Way Townhomes)
Resolution No. 2022-XX
Architectural and Site Permit AS 21-17; Royal Way Townhomes Project
City Council Regular Meeting | November 21, 2022
Page 24 of 41
scheduled servicing by the franchise solid waste collection service. If required, the
containers may be placed on the street within the loading zone for a maximum of two
hours; one hour prior to the scheduled servicing time and must be removed from the street
within one hour after the service. The containers shall be placed at the service location
allowing enough room for the truck to safely approach the containers. The collection
containers shall be brought to the service area on the day of service and returned to the
storage enclosure by the property owner. The containers are not to be in public view or in
the public right-of-way prior to, or beyond the scheduled service times. A letter shall be
provided, to the approval of the City Engineer, from the City’s franchise solid waste
collection service provider (Recology) confirming serviceability and site accessibility of the
solid waste pickup as designed and shown on the project plans. Contact Recology at 408-
842-3358. (PUBLIC WORKS)
78. DRAINAGE: Drainage improvements made on-site shall conform to standard engineering
practices and shall not allow any site drainage to impact adjacent properties. All drainage
capacity calculations shall be performed by a licensed Civil Engineer, whose signed
engineer’s stamp shall appear on the calculations sheets and shall be submitted to the City
for review and approval with the project civil plans.
If the project is proposing to connect to an existing storm drain system within or
downstream from the site, the design engineer shall provide calculations with the final
design plans to demonstrate that the downstream drainage system has adequate capacity to
accommodate the additional site flows being added to the system for the design storm per
City Standards. The calculations shall be to the approval of the City Engineer prior to the
issuance of the first building permit. (PUBLIC WORKS)
79. STORMWATER MANAGEMENT: At Developer’s sole expense, Developer shall
submit results from a third-party review of the project’s stormwater design. The results
shall confirm that the project is complying with requirements set in the City of Gilroy
Stormwater Management Guidance Manual for Low Impact Development and Post-
Construction Requirements. (PUBLIC WORKS)
80. SITE LANDSCAPING COORDINATION: The site landscaping needs to be coordinated
between the stormwater treatment area and the overall site landscaping plan area. The
landscaping within the stormwater treatment area will not count towards the site
landscaping requirement. Stormwater treatment areas should be identified on the site first,
and then site landscaping to make sure the correct plant material is identified for each area.
Some site landscaping plant material may not be suitable in stormwater treatment areas due
to the nature of the facility. Sewer facilities cannot be aligned through stormwater
treatment facilities. It is the applicant’s responsibility to coordinate the civil stormwater
treatment facilities and the plans from the project landscaper. (PUBLIC WORKS)
81. ADDRESS PLAN: The applicant shall submit to the Public Works Department a proposed
9.3.h
Packet Pg. 489 Attachment: Draft Resolution - AS 21-17 (4030 : Royal Way Townhomes)
Resolution No. 2022-XX
Architectural and Site Permit AS 21-17; Royal Way Townhomes Project
City Council Regular Meeting | November 21, 2022
Page 25 of 41
street naming street address plan. Applicant shall contract the planning department to obtain
a list of potential street names. The applicant shall make suggested street names, which will
be forwarded and confirmed or changed by the City’s street naming committee. The plan
shall be substantially in conformance with the address plan approved with the Arch & Site
application. Said submittal shall be approved by the City Engineer and City Street Naming
Committee prior to the submittal of plans for any demolition permit, building permit, or site
development permit and shall be satisfied prior to issuance of whichever permit is issued
first. (PUBLIC WORKS)
82. PERMITS REQUIRED BY OTHER AGENCIES: The applicant shall obtain all
applicable permits from federal, state, and local agencies as required to construct the
proposed improvements. If project is within jurisdiction of any of these agencies,
verification of permit or waiver of permit must be given to the Public Works Department
prior to issuance of any required City permits. If the City is required to be a party to the
permit application and a fee is required, the applicant shall reimburse the City for its cost.
A copy of these permits shall be provided to the satisfaction of the City Engineer prior to
the issuance of the building permit. (PUBLIC WORKS)
83. STREET TREE DEVELOPMENT IMPACT FEE: The applicant shall pay a fee to
provide funding towards additional tree planting in the City. The fee is based on the
amount of added hardscape the project is adding. The estimated impact fee, based on the
approved plans, is $1,398.40. This fee is only an estimate based on the planning documents
provided. The actual impact fee will be calculated based on the final building permit plans
submitted, and the fees approved by the City Council in place at the time of the building
permit submittal. The fee shall be collected by the Public Works Department and paid
prior to issuance of the first building permit. (PUBLIC WORKS)
84. STORM DEVELOPMENT IMPACT FEE: The applicant shall pay a fee proportional to
the project's share of storm drainage flowing off-site and shall be used to enhance the City’s
storm drainage system based on the recommendations of the adopted Storm Drainage
Master Plan. The estimated impact fee, based on the approved plans, is $3,092.60. This
fee is only an estimate based on the planning documents provided. The actual impact fee
will be calculated based on the final building permit plans submitted, and the fees approved
by the City Council in place at the time of the building permit submittal. The fee shall be
collected by the Public Works Department and paid prior to issuance of the first building
permit. (PUBLIC WORKS)
85. SANITARY SEWER DEVELOPMENT IMPACT FEE: The applicant shall pay a fee
proportional to the project’s share of the increase amount of sewage generated by the
project, which shall be used to enhance the City’s sewer system based on the adopted
Sewer Master Plan. The estimated impact fee, based on the approved plans, is
$322,920.00. This fee is only an estimate based on the planning documents provided. The
actual impact fee will be calculated based on the final building permit plans submitted, and
9.3.h
Packet Pg. 490 Attachment: Draft Resolution - AS 21-17 (4030 : Royal Way Townhomes)
Resolution No. 2022-XX
Architectural and Site Permit AS 21-17; Royal Way Townhomes Project
City Council Regular Meeting | November 21, 2022
Page 26 of 41
the fees approved by the City Council in place at the time of the building permit submittal.
The fee shall be collected by the Public Works Department and paid prior to issuance of the
first building permit. At first improvement plan submittal, applicant’s engineer shall
submit a calculation for sanitary sewer and water generation per the City’s Master Plan
design criteria. The fee shall be collected by the Public Works Department and paid prior
to issuance of the first building permit. (PUBLIC WORKS)
86. WATER DEVELOPMENT IMPACT FEE: The applicant shall pay a fee proportional to
the project's share of impact to the City’s water system, and the water needs of the
development. The fee shall be used to fund improvements identified in the City’s Water
Master Plan. The estimated impact fee, based on the approved plans, is $82,935.00. This
fee is only an estimate based on the planning documents provided. The actual impact fee
will be calculated based on the final building permit plans submitted, and the fees approved
by the City Council in place at the time of the building permit submittal. At first
improvement plan submittal, applicant’s engineer shall submit a calculation for water
generation per the City’s Master Plan design criteria. The fee shall be collected by the
Public Works Department and paid prior to issuance of the first building permit. (PUBLIC
WORKS)
87. TRANSPORTATION IMPROVEMENT FEE: The applicant shall pay a fee
proportional to the project's share of transportation improvements needed to serve
cumulative development within the City of Gilroy. The funds shall be used to fund
improvements identified in the City Traffic Circulation Master Plan. The estimated impact
fee, based on the approved plans, is $474,660.00. This fee is only an estimate based on the
planning documents provided. The actual impact fee will be calculated based on the final
building permit plans submitted, and the fees approved by the City Council in place at the
time of the building permit submittal. The fee shall be collected by the Public Works
Department and paid prior to issuance of the first building permit. (PUBLIC WORKS)
88. PUBLIC FACILITIES IMPACT FEE: The applicant shall pay a fee proportional to the
project’s share of the increase to the use of City Public facilities. The estimated impact fee,
based on the approved plans, is $856,260.00. This fee is only an estimate based on the
planning documents provided. The actual impact fee will be calculated based on the final
building permit plans submitted, and the fees approved by the City Council in place at the
time of the building permit submittal. The fee shall be collected by the Public Works
Department and paid prior to issuance of the first building permit. (PUBLIC WORKS)
89. PUBLIC STORMWATER MANAGEMENT IMPACT FEE: The applicant shall pay a
fee for the initial set up of each stormwater postconstruction BMP and an annual
administration and monitoring fee associated with soliciting, accepting, and entering each
postconstruction BMP inspection and monitoring report to comply with mandated state
reporting. The estimated impact fee, based on the approved plans, is $1,200.00. This fee is
only an estimate based on the planning documents provided. The actual impact fee will be
9.3.h
Packet Pg. 491 Attachment: Draft Resolution - AS 21-17 (4030 : Royal Way Townhomes)
Resolution No. 2022-XX
Architectural and Site Permit AS 21-17; Royal Way Townhomes Project
City Council Regular Meeting | November 21, 2022
Page 27 of 41
calculated based on the final building permit plans submitted, and the fees approved by the
City Council in place at the time of the building permit submittal. The fee shall be
collected by the Public Works Department and paid prior to issuance of the first building
permit. (PUBLIC WORKS)
90. CONSTRUCTION NOTICING: At least two weeks prior to commencement of any on or
off-site work, the applicant shall post at the site, and to property owners within (300') three
hundred feet of the exterior boundary of the project site a notice that construction work will
commence on or around the stated date. The notice shall include a list of contact persons
with name, title, phone number and area of responsibility. The person responsible for
maintaining the list shall be included. The list shall be current at all times and shall consist
of persons with authority to initiate corrective action in their area of responsibility. The
names of individuals responsible for dust, noise and litter control shall be expressly
identified in the notice. Noticing shall be in both English and Spanish. The notice shall be
submitted for review to the approval of the City Engineer two weeks prior to the issuance
of the building permit. (PUBLIC WORKS)
91. JOINT TRENCH PLANS: The developer shall submit a joint trench plan set at initial
improvement plan submittal. The joint trench plans shall show all joint trench boxes outside
of the sidewalk path of travel. All proposed meter pedestals and above ground facilities
shall be at least 3-ft clear from the back of sidewalk in private streets and 5-ft clear from
back of sidewalk in public streets. The joint trench plans shall include a typical detail from
the face of curb to the back of the easement showing the joint trench and boxes relative to
the sidewalk.
92. DRIVEWAY APPROACHES: The proposed driveway approaches design along the
Royal way frontage between buildings K, H, & G shall be designed per City Standard.
Driveways shall be designed to not affect or impact street or public right of way operation,
queuing, maneuver, delay, passenger vehicles, emergency vehicles, pedestrian. (PUBLIC
WORKS)
93. PRIVATE DRIVEWAYS: The proposed driveways between buildings K, H, & G shall be
designed per City Standard to maintain full ingress egress at all times (2-way traffic).
Driveways shall be designed to not affect or impact street or public right of way operation,
queuing, maneuver, delay, passenger vehicles, emergency vehicles, pedestrian.
(PUBLIC WORKS)
94. PRIVATE DRIVE ISLES: The proposed driveway approaches for 24-ft drive isles off the
Royal Way Cul-De-Sacs shall be per City Standard and align with the proposed private
drive isle centerlines. (PUBLIC WORKS)
95. FIRE TRUCK CIRCULATION PLAN: The developer shall submit for review an
updated fire truck circulation plan demonstrating through vehicle Auto-Turn movements
9.3.h
Packet Pg. 492 Attachment: Draft Resolution - AS 21-17 (4030 : Royal Way Townhomes)
Resolution No. 2022-XX
Architectural and Site Permit AS 21-17; Royal Way Townhomes Project
City Council Regular Meeting | November 21, 2022
Page 28 of 41
that a westbound fire engine can enter the project meeting Fire Department criteria. This
Conditions of approval shall be confirmed with the Fire Department. (PUBLIC WORKS)
96. VEHICLE PARKING AND LINE OF SITE PLAN: At initial building submittal, the
developer shall submit for review a Vehicle Parking and Line of Site Plan as a part of the
plan set. This Plan shall include an existing parking conditions plan (along Royal Way) and
a post development parking condition plan. The post development parking condition plan
shall show line of sight triangles for all proposed driveways and identify the total amount of
public parking removed from Royal Way. (PUBLIC WORKS)
The following conditions shall be complied with AT ALL TIMES DURING THE
CONSTRUCTION PHASE OF THE PROJECT, or if another deadline is specified in a condition,
at that time.
97. PUBLIC WORKS CONSTRUCTION ACTIVITIES: The City shall be notified at least
fifteen (15) working days prior to the start of any construction work, and at that time the
contractor shall provide a project construction and phasing schedule, and a 24-hour
emergency telephone number list. The schedule shall be in Microsoft Project, or an
approved equal, and shall identify the scheduled critical path for the installation of
improvements to the approval of the City Engineer. The schedule shall be updated weekly.
The approved construction and phasing schedule shall be shared with Gilroy Unified
School District (GUSD) to avoid traffic impacts to surrounding school functions. An
approved construction information handout(s) shall also be provided to GUSD to share with
school parents. (PUBLIC WORKS)
a. All work shown on the improvement plans shall be inspected to the approval
of the City Engineer as applicable. Uninspected work shall be removed as
deemed appropriate by the City Engineer.
b. Construction activities related to the issuance of any Public Works permit
shall be restricted to the weekday between 7:00 a.m. and 7:00 p.m., Saturday
9:00 a.m. to 7:00 p.m. allowed only for general construction activities that
require no inspection and only with approval of the Public Works Director. No
work shall be done on Sundays and on City Holidays unless otherwise approved
by the City Engineer. Please note that no work shall be allowed to take place
within the City right-of-way after 5:00 p.m. Monday through Friday. In
addition, no work being done under the issuance of a Public Works
encroachment permit may be performed on the weekend unless prior approvals
have been granted by Public Works. The City Engineer may apply additional
construction period restrictions, as necessary, to accommodate standard
commute traffic along arterial roadways and along school commute routes.
Signs outlining the project construction times shall be posted at conspicuous
locations on site where it is visible to the public. The signs shall be per the City
9.3.h
Packet Pg. 493 Attachment: Draft Resolution - AS 21-17 (4030 : Royal Way Townhomes)
Resolution No. 2022-XX
Architectural and Site Permit AS 21-17; Royal Way Townhomes Project
City Council Regular Meeting | November 21, 2022
Page 29 of 41
Standard Drawing for posting construction hours. The sign shall be kept free of
graffiti at all times. Contact the Public Works Department to obtain sample City
Standard sign outlining hours of operation.
c. The allowed hours of Public Works construction activities may be waived or
modified through an exemption, for limited periods, if the City Engineer finds
that the following criteria are met:
i. Permitting extended hours of construction will decrease the total time
needed to complete the project thus mitigating the total amount of
noise associated with the project as a whole; or,
ii. Permitting extended hours of construction are required to accommodate
design or engineering requirements, such as a large concrete pour.
Such a need would be determined by the project's design engineer and
require approval of the City Engineer.
iii. An emergency situation exists where the construction work is necessary
to correct an unsafe or dangerous condition resulting in obvious and
eminent peril to public health and safety. If such a condition exists, the
City may waive any of the remaining requirements outlined below.
iv. The exemption will not conflict with any other condition of approval
required by the City to mitigate significant impacts.
v. The contractor or owner of the property will notify residential and
commercial occupants of property adjacent to the construction site of
the hours of construction activity which may impact the area. This
notification must be provided three days prior to the start of the
extended construction activity.
vi. The approved hours of construction activity will be posted at the
construction site in a place and manner that can be easily viewed by any
interested member of the public.
vii. The City Engineer may revoke the exemption at any time if the
contractor or owner of the property fails to abide by the conditions of
exemption or if it is determined that the peace, comfort and tranquility
of the occupants of adjacent residential or commercial properties are
impaired because of the location and nature of the construction. The
waiver application must be submitted to the Public Works Construction
Inspector ten (10) working days prior to the requested date of waiver.
9.3.h
Packet Pg. 494 Attachment: Draft Resolution - AS 21-17 (4030 : Royal Way Townhomes)
Resolution No. 2022-XX
Architectural and Site Permit AS 21-17; Royal Way Townhomes Project
City Council Regular Meeting | November 21, 2022
Page 30 of 41
d. The following provision to control traffic congestion, noise, and dust shall
be followed during site excavation, grading and construction:
i. All construction vehicles should be properly maintained and
equipped with exhaust mufflers that meet State standards.
ii. Blowing dust shall be reduced by timing construction activities so
that paving and building construction begin as soon as possible after
completion of grading, and by landscaping disturbed soils as soon as
possible.
iii. Water trucks shall be present and in use at the construction site. All
portions of the site subject to blowing dust shall be watered as often as
deemed necessary by the City, or a minimum of three times daily, or
apply (non-toxic) soil stabilizers on all unpaved access roads, parking
areas, and staging areas at construction sites in order to insure proper
control of blowing dust for the duration of the project.
iv. Watering on public streets and wash down of dirt and debris into
storm drain systems will not be allowed. Streets will be cleaned by
street sweepers or by hand as often as deemed necessary by the
Construction Inspector, or at least once a day. Watering associated with
on-site construction activity shall take place between the hours of 8 a.m.
and 5 p.m. and shall include at least one late-afternoon watering to
minimize the effects of blowing dust. Recycled water shall be used for
construction watering to manage dust control where possible, as
determined by the City Engineer. Recycled water shall be billed at the
municipal industrial rate based on the current Santa Clara Valley Water
District’s municipal industrial rate. Where recycled water is not
available potable water shall be used. All potable construction water
from fire hydrants shall be metered and billed at the current portable fire
hydrant meter rate.
v. All public streets soiled or littered due to this construction activity
shall be cleaned and swept on a daily basis during the workweek to the
satisfaction of the Construction Inspector.
vi. Construction grading activity shall be discontinued in wind
conditions that in the opinion of the Public Works Construction
Inspector cause excessive neighborhood dust problems.
vii. Site dirt shall not be tracked into the public right-of-way, and shall be
cleaned immediately if done, or the project may risk being shut down.
9.3.h
Packet Pg. 495 Attachment: Draft Resolution - AS 21-17 (4030 : Royal Way Townhomes)
Resolution No. 2022-XX
Architectural and Site Permit AS 21-17; Royal Way Townhomes Project
City Council Regular Meeting | November 21, 2022
Page 31 of 41
Mud, silt, concrete, and other construction debris shall not be washed
into the City’s storm drains.
viii. Construction activities shall be scheduled so that paving and
foundation placement begin immediately upon completion of grading
operation.
ix. All aggregate materials transported to and from the site shall be
covered in accordance with Section 23114 of the California Vehicle
Code during transit to and from the site.
x. Prior to issuance of any permit, the applicant shall submit any
applicable pedestrian or traffic detour plans, to the satisfaction of the
City Engineer, for any lane or sidewalk closures. The traffic control plan
shall be prepared by a licensed professional engineer with experience in
preparing such plans. The Traffic Control Plan shall be prepared by a
licensed engineer in accordance with the requirements of the latest
edition of the California Manual on Uniform Traffic Control Devices
(MUTCD) and standard construction practices. The Traffic Control Plan
shall be approved prior to the commencement of any work within the
public right-of-way.
xi. During construction, the applicant shall make accessible any or all
City utilities as directed by the City Engineer.
xii. The minimum soils sampling and testing frequency shall conform to
Chapter 8 of the Caltrans Construction Manual. The applicant shall
require the soils engineer submit to daily testing and sampling reports
to the City Engineer.
98. HERITAGE TREE PROTECTION MEASURES: The applicant shall submit a tree
protection plan showing how all on and off-site heritage trees will be protected during
construction. All approved and installed Heritage Tree protection measures shall be
installed prior to any site activities and maintained throughout the period of construction.
The Project Arborist shall complete inspections on an as-need basis during the construction
period and shall submit a monthly report of his/her findings in a letter sent by fax or email
to the City Planner assigned to this project. (PUBLIC WORKS)
99. PROJECT CLOSE-OUT: Prior to City acceptance of all tract subdivision and property
improvement agreements, the applicant shall comply with all City construction close-out
procedures to the approval of the City Engineer. City construction close-out procedures can
be found the City’s website under Public Works. Prior to final inspections, all pertinent
conditions of approval and all improvements shall be completed to the satisfaction of the
9.3.h
Packet Pg. 496 Attachment: Draft Resolution - AS 21-17 (4030 : Royal Way Townhomes)
Resolution No. 2022-XX
Architectural and Site Permit AS 21-17; Royal Way Townhomes Project
City Council Regular Meeting | November 21, 2022
Page 32 of 41
Planning Director and City Engineer. A letter indicating that all project conditions have
been met shall be submitted prior to the first occupancy. All public improvements,
including the complete installation of all improvements relative to streets, fencing, sanitary
sewer, storm drainage, water system, underground utilities, etc., shall be completed and
attested to by the City Engineer before approval of occupancy of any unit. Where facilities
of other agencies are involved, such installation shall be verified as having been completed
and accepted by those agencies. In addition, the applicant shall submit a detailed project
cost estimate of all improvements (public and private) constructed on-site and within the
public right-of-way. The cost estimate shall be prepared by the project engineer and be to
the approval of the City Engineer. The cost estimate shall be broken out into on-site and
off-site improvements based on the format provided by the City.
Until such time as all improvements required are fully completed and accepted by City, the
applicant shall be responsible for the care maintenance of and any damage to such
improvements. City shall not, nor shall any officer or employee thereof, be liable or
responsible for any accident, loss, or damage, regardless of cause, happening or occurring
to the work or Improvements required for this project prior to the completion and
acceptance of the work or Improvements. All such risks shall be the responsibility of and
are hereby assumed by the applicant. (PUBLIC WORKS)
100. MATERIAL HAULING ROUTE AND PERMIT: For material delivery vehicles equal
to, or larger than two-axle, six-tire single unit truck (SU) size or larger as defined by
FHWA Standards, the applicant shall submit a truck hauling route and receive a haul permit
that conforms to City of Gilroy Standards to the approval of the City Engineer. Note that
the City requires a Haul Permit be issued for any hauling activities. The project sponsor
shall require contractors to prohibit trucks from using “compression release engine brakes”
on residential streets. A letter from the applicant confirming the intention to use this hauling
route shall be submitted to the Department of Public Works, and approved, prior to the
issuance of any City permits. All material hauling activities including but not limited to,
adherence to the approved route, hours of operation, staging of materials, dust control and
street maintenance shall be the responsibility of the applicant. All storage and office
trailers will be kept off the public right-of-way. Tracking of dirt onto City streets and walks
will not be allowed. The applicant must provide an approved method of cleaning tires and
trimming loads on-site. Any job-related dirt and/or debris that impacts the public
right-of-way shall be removed immediately. No wash down of dirt into storm drains will
be allowed. All material hauling activities shall be done in accordance with applicable City
ordinances and conditions of approval. Mud, silt, concrete, and other construction debris
shall not be washed into the City’s storm drains. Violation of such may be cause for
suspension of work. (PUBLIC WORKS)
101. CONSTRUCTION STAGING AND WORKER PARKING: Prior to construction, the
applicant shall provide a construction staging and parking plan that minimizes the effect of
construction materials, delivery, and worker parking and/or material staging in the
9.3.h
Packet Pg. 497 Attachment: Draft Resolution - AS 21-17 (4030 : Royal Way Townhomes)
Resolution No. 2022-XX
Architectural and Site Permit AS 21-17; Royal Way Townhomes Project
City Council Regular Meeting | November 21, 2022
Page 33 of 41
neighborhood and shall include an estimate of the number of workers, equipment, and
materials staging square footage that will be present on the site during the various phases of
construction and indicate where sufficient off-street parking will be utilized and identify
any locations for off-site material deliveries. Said plan shall be approved by the City
Engineer prior to issuance of City permits and shall be complied with at all times during
construction. Failure to enforce the parking plan may result in suspension of the City
permits. No vehicle having a manufacturer's rated gross vehicle weight exceeding ten
thousand (10,000) pounds shall be allowed to park on the portion of a street which abuts
property in a residential zone without prior approval from the City Engineer (§15.40.070).
(PUBLIC WORKS)
102. SITE WATER DISCHARGE: In accordance with the City’s Municipal Code,
Prohibition of Illegal Discharges (Gilroy Municipal Code Section 27C.7), the City Engineer
may approve the discharge of uncontaminated pumped ground waters to the sanitary sewer
only when such source is deemed unacceptable by State and Federal authorities for
discharge to surface waters of the United States, whether pretreated or untreated, and for
which no reasonable alternative method of disposal is available. Following the verification
of the applicable local, state and/or federal approvals, a Discharge Plan will be approved
and monitored by the City Engineer. (PUBLIC WORKS)
103. ARCHITECTURAL COPPER: Per Gilroy Municipal Code Section 27C.7 Prohibition of
Illegal Discharges, the applicant shall follow the specific best management practices for the
installation of the Architectural Copper. For detailed information please distribute the flyer
to all construction personnel involved in the fabrication and installation of the Architectural
Copper that is located at:
http://flowstobay.org/files/newdevelopment/flyersfactsheets/ArchitecturalcopperBMPs.pdf
The following conditions shall be complied with AT ALL TIMES that the use permitted by this
entitlement occupies the premises
104. POST CONSTRUCTION BEST MANAGEMENT PRACTICES (BMP): In
accordance with Gilroy Municipal Code Chapter 27D Post Construction Storm Water
Pollution Prevention all projects that meet the criteria described in the Storm Water
Guidance Manual for Low Impact Development and Post-Construction Requirements shall
prepare a storm water control plan (SWCP) and shall meet the requirements of the design
standards and selection of best management practices and shall be selected and designed to
the satisfaction of the City Engineer or designee. Requirements shall include:
a. Owner/occupant shall inspect private storm drain facilities at least two (2) times per
year and sweep parking lots immediately prior to and once during the storm season.
b. The applicant shall be charged the cost of abatement for issues associated with, but
not limited to, inspection of the private storm drain facilities, emergency
maintenance needed to protect public health or watercourses, and facility
9.3.h
Packet Pg. 498 Attachment: Draft Resolution - AS 21-17 (4030 : Royal Way Townhomes)
Resolution No. 2022-XX
Architectural and Site Permit AS 21-17; Royal Way Townhomes Project
City Council Regular Meeting | November 21, 2022
Page 34 of 41
replacement or repair in the event that the treatment facility is no longer able to
meet performance standards or has deteriorated. Any abatement activity performed
on the applicant’s property by City staff will be charged to the applicant at the
City’s adopted hourly rate.
c. Label new and redeveloped storm drain inlets with the phrase “No Dumping: Drains
to Bay” plaques to alert the public to the destination of storm water and to prevent
direct discharge of pollutants into the storm drain. Template ordering information is
available at www.flowstobay.org.
d. All process equipment, oils fuels, solvents, coolants, fertilizers, pesticides, and
similar chemical products, as well as petroleum-based wastes, tallow, and grease
planned for storage outdoors shall be stored in covered containers at all times.
e. All public outdoor spaces and trails shall include installation and upkeep of dog
waste stations.
Garbage and recycling receptacles and bins shall be designed and maintained with
permanent covers to prevent exposure of trash to rain. Trash enclosure drains shall be
connected to the sanitary sewer system. (PUBLIC WORKS)
BUILDING DIVISION
105. CONDITIONS OF APPROVAL: All conditions of approval shall be included on the first
sheet after the cover sheet of the construction drawing submitted for a building permit.
106. PRE-CONSTRUCTION MEETING: A pre-construction meeting shall be held at a time
and location agreed upon by the City and applicant for the purpose of reviewing conditions
of approval, pre-occupancy requirements / temporary certificate of occupancy and
construction-site procedures. This meeting shall be held prior to the issuance of any permit
issued by the building department. The applicant shall be represented by his design and
construction staff, which includes any sub-contractors. Departments having conditions of
approval for the project will represent the City.
107. TEMPORARY FENCING: Temporary fencing along the perimeter of a building site,
during construction is required to ensure security, public safety, and/or noise/dust
mitigation. “Temporary” shall mean the placement of fencing in a manner that is not
permanently attached to the ground or attached to any other structure or material that is
itself permanently attached to the ground. Temporary construction fences consisting of
chain-link or plywood, no more that 6-feet in height above the ground and shall not require
any permits or special authorization.
Unless letters of permission from adjacent property owners or a City encroachment permit
have been obtained, temporary construction fencing shall be placed only on the property
that contains the subject construction project. All temporary construction fencing shall be
thoroughly removed from the project site upon completion of construction.
9.3.h
Packet Pg. 499 Attachment: Draft Resolution - AS 21-17 (4030 : Royal Way Townhomes)
Resolution No. 2022-XX
Architectural and Site Permit AS 21-17; Royal Way Townhomes Project
City Council Regular Meeting | November 21, 2022
Page 35 of 41
108. JOB SITE SIGNAGE: Prior to construction, A 36-inch by 48-inch weatherproof sign shall be
posted on the site and located to be clearly readable from the public right-of-way, the sign shall
include the following information:
a. Address of the project site.
b. Permitted hours of construction and of deliveries/off-haul.
c. Name, e-mail address and direct phone number of the General Contractor.
d. Name, e-mail address and direct phone number of the person responsible for
managing the project.
e. Name and direct phone number of the party to call in case of an emergency.
City of Gilroy Code Enforcement complaint telephone number (408-846-0264).
109. CONSTRUCTION ACTIVITIES: The following provisions to control traffic congestion,
noise, and dust shall be followed during site excavation, grading and construction:
construction activities shall be limited between the hours of seven am and seven pm
Monday through Friday and nine am to seven pm on Saturday.
Construction Activities shall not occur on Sundays or city holidays which include New
Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and
Christmas.
110. FINAL GRADING AND DRAINAGE PLAN: At the time of building permit plan
submittal, the project developer shall submit a final grading and drainage plan prepared by
a licensed civil engineer depicting all final grades (with accurate elevations above sea level
indicated) and on-site drainage control measures to prevent storm water runoff onto
adjoining properties.
111. PAD ELEVATION CERTIFICATION: The applicant and/or developer shall submit a
pad elevation certification letter prepared by a licensed land surveyor or registered civil
engineer to the Building Official certifying that the pad elevation(s) and building location
(setbacks) are pursuant to the approved plans, prior to receiving a foundation inspection for
the structure.
112. SITE SURVEY: The applicant shall provide a site survey of entire parcel stamped and
signed by a Land Surveyor licensed by the State of California. The survey shall include,
but not be limited to, the following: location and dimensions of property line, location of
streets and easements, existing buildings, topographic contour lines, trees/landscape,
miscellaneous structures, etc. The purpose of the site survey is to accurately verify
compliance with items such as setback dimensions, heights of buildings from established
contours, compliance with heritage tree ordinance, etc.
113. PERMIT CARD: The stamped, approved, job copy of the plans and permit card shall be
located onsite at all times.
114. TITLE 24:The building(s) covered by this approval shall be designed and constructed to
9.3.h
Packet Pg. 500 Attachment: Draft Resolution - AS 21-17 (4030 : Royal Way Townhomes)
Resolution No. 2022-XX
Architectural and Site Permit AS 21-17; Royal Way Townhomes Project
City Council Regular Meeting | November 21, 2022
Page 36 of 41
the Title 24 Building Standards, including Building, Electrical, Mechanical, Plumbing,
Energy, Fire, Green Building and both State and Federal accessibility requirements in effect
and as amended by the City of Gilroy at the time of building permit submittal.
115. GREEN BUILDING STANDARDS: The building shall be designed to include the green
building measures specified as mandatory in the application checklists contained in the
California Green Building Standards Code. The applicant shall incorporate the checklist
along with a notation on the checklist to specify where the information can be located on
the plans, details, or specifications, etc. All measures will be verified by the Building
Inspector at final inspection.
116. GEOTECHNICAL REPORT: The applicant shall provide a stamped, signed, and dated soil
investigation report containing design recommendations to the Building Official. The
classification shall be based on observation and any necessary tests of materials disclosed by
boring or excavations made in appropriate locations. Additional studies may be necessary to
evaluate soil strength, the effect of moisture variation on soil-bearing capacity, compressibility,
liquefaction, seismically induced soil liquefaction, soil instability, and expansiveness.
Additionally, the applicant shall submit a stamped, signed, and dated letter from the
Geotechnical Engineer or Civil Engineer who prepared the soil investigation stating the
following:
a. The plans and specifications substantially conform to the recommendations in the
soil investigation.
b. The Geotechnical Engineer or Civil Engineer who prepared the soil investigation
has been retained to provide soil site observation and provide periodic and final
reports to the City of Gilroy.
Prior to final inspection for any building or structure, the Geotechnical Engineer or Civil
Engineer who prepared the soil investigation shall issue a final report stating the completed
pad, foundation, finish grading and associated site work substantially conform to the
approved plans, specifications and investigations.
117. 1. The project developer is responsible for implementing the following BMPs.
a) The project developer shall include erosion control/stormwater quality
measures on the project grading plan which shall specifically address measures to
prevent soil, dirt, and debris from entering the public storm drain system. Such
measures may include, but are not limited to, hydroseeding, hay bales, sandbags,
and siltation fences and shall be subject to the review and approval of the City
Engineer/Building Official. If no grading plan is required, necessary erosion
control/stormwater quality measures shall be shown on the site plan submitted for
a building permit and shall be subject to the review and approval of the Building
Division. The project developer is responsible for ensuring that the contractor is
aware of and implements such measures.
b) All cut and fill slopes shall be revegetated and stabilized after completion of
9.3.h
Packet Pg. 501 Attachment: Draft Resolution - AS 21-17 (4030 : Royal Way Townhomes)
Resolution No. 2022-XX
Architectural and Site Permit AS 21-17; Royal Way Townhomes Project
City Council Regular Meeting | November 21, 2022
Page 37 of 41
grading, but in no case later than October 15. Hydroseeding shall be
accomplished before September 15 and irrigated with a temporary irrigation
system to ensure that the vegetated areas are established before October 15. No
grading shall occur between October 15 and April 15 unless approved erosion
control/stormwater quality measures are in place, subject to the approval of City
Engineer/Building Official. Such measures shall be maintained until such time as
permanent landscaping is in place.
c) Gather all sorted construction debris on a regular basis and place in the
appropriate container for recycling; to be emptied at least on a weekly basis.
When appropriate, use tarps on the ground to collect fallen debris or splatters that
could contribute to stormwater runoff pollution.
d) Remove all dirt, gravel, rubbish, refuse, and green waste from the street
pavement and storm drains adjoining the site. Limit construction access routes
onto the site and place gravel on them. Do not drive vehicles and equipment
off paved or graveled areas during wet weather. Broom sweep the street
pavement adjoining the project site on a daily basis. Scrape caked on mud and dirt
from these areas before sweeping.
e) Install filter materials (such as sandbags, filter fabric, etc.) at the storm drain inlet
nearest the downstream side of the project site in order to retain any debris or dirt
flowing in the storm drain system. Maintain and/or replace filter materials to
ensure effectiveness and to prevent street flooding.
f) Create a contained and covered area on the site for the storage of cement, paints,
oils, fertilizers, pesticides, or other materials used on the site that have the
potential of being discharged into the storm drain system by being windblown or
by being spilled.
g) Never clean machinery, equipment, tools, brushes, or rinse containers into a
street, gutter, or storm drain.
h) Ensure that concrete/gunite supply trucks or concrete/plaster operations do not
discharge wash water into a street, gutter, or storm drain.
i) Concrete wash area:
I. locate wash out area away from storm drains and open ditches
II. construct a temporary pit large enough to store the liquid and solid waste
III. clean the pit by allowing concrete to set
IV. break up the concrete; and then
V. recycle or dispose of properly
j) The project shall comply with the following:
I. Cleaning all on-site storm drains at least twice a year with one cleaning
immediately prior to the rainy season. The City may require additional
cleanings.
Sweeping regularly but not less than once a month, driveways, sidewalks and paved areas
to minimize the accumulation of litter and debris. Corners and hard to reach areas shall be
swept manually. Debris from pressure washing shall be trapped and collected to prevent
entry into the storm drain system. Wastewater containing any soap, cleaning agent or
9.3.h
Packet Pg. 502 Attachment: Draft Resolution - AS 21-17 (4030 : Royal Way Townhomes)
Resolution No. 2022-XX
Architectural and Site Permit AS 21-17; Royal Way Townhomes Project
City Council Regular Meeting | November 21, 2022
Page 38 of 41
degreaser shall not be discharged into the storm drain.
118. PORTABLE TOILETS: Portable toilets used during construction shall be emptied on a
regular basis as necessary to prevent odor. A containment pan is required under all portable
toilets.
119. CONSTRUCTION STORAGE: All construction materials, debris and equipment shall be
stored on site. If that is not physically possible, an encroachment permit shall be obtained
from the Department of Public Works prior to placing any construction materials, debris,
debris boxes or unlicensed equipment in the right-of-way. The placing of portable restroom
facilities in the City right-of-way will not be permitted.
120. CONSTRUCTION SITE MAINTENANCE: All portions of the job site shall be
maintained in an organized and professional condition. All trash, debris, construction scraps
and broken/deteriorated machinery shall be removed from the site at the end of each week.
If off loaded construction materials are not used within 2 weeks, they shall be screened
from view. All sidewalks, driveways and public/private roadways fronting the subject site
shall be broom cleaned at the end of each business day.
121. PLAN MODIFICATIONS: Acceptance of the plans does not release the developer from
correction of mistakes, errors, or omissions contained therein. If, during the course of
construction, the public interest requires a modification or a departure from these accepted
plans, the City shall have the authority to require such modifications or departure and
specify the manner in which the same is to be made.
FIRE PREVENTION
122. Fire Department Access – Using Autoturn vehicle pathway tracking software, demonstrate
that large vehicles (e.g. fire ladder truck, garbage trucks, school buses) can navigate into,
throughout, and out of this development. Show offsite and onsite, ingress, egress, and
onsite navigation. Please note that the proposed plans indicate 24 foot wide roads will serve
the development. Please review the Engineering Department’s design standards for
roadways. Fire Apparatus shall not be required to cross to the opposite side of a street as
part of a turn on that street or onto another street. Dead end streets in excess of 150 feet
shall be provided with a cul-de-sac of 78’diameter unless they qualify for use of an
alternative turn around standard. See the Fire Department approved dead end turn around
standards.
123. For roads less than 28 feet in width, no vehicle street parking is allowed. Because of this,
the HOA shall develop enforceable conditions such that the garage and driveways shall be
available to accommodate all vehicle parking.
9.3.h
Packet Pg. 503 Attachment: Draft Resolution - AS 21-17 (4030 : Royal Way Townhomes)
Resolution No. 2022-XX
Architectural and Site Permit AS 21-17; Royal Way Townhomes Project
City Council Regular Meeting | November 21, 2022
Page 39 of 41
124. Gates & Fencing – Gates and fencing were not shown on the plans submitted. There has
been some discussion about security for this project. If the project designer decides to
install gates and fences, then Fire Prevention and Engineering Department requirements
will need to be met.
125. The plan reviewer could only locate one fire hydrant shown on the plans for the proposed
53,946 square feet of new structures. For future plans submitted to the City of Gilroy, show
public and private fire hydrants distributed throughout the proposed development in a
logical fashion. Fire Hydrants shall be able to flow 1500 gpm with a 20 psi residual
pressure. Street Hydrants shall be spaced every 300 ft, and within 150 ft of any building.
Offsite improvement plan shall provide Fire Hydrants per the City Standard. Hydrants
shall be installed prior to commencement of construction with combustible materials.
126. All buildings shall be provided with water meters and water laterals sized for the type and
size of building being proposed. All buildings shall have a fire sprinkler system using the
current and appropriate NFPA standard based on the building type and size. All fire
sprinkler systems shall be designed using the hydraulic calculation method. Request a fire
hydrant flow test from Deputy Fire Marshal Jonathan Crick by contacting him at
Jonathan.crick@cityofgilroy.org and/or 408-846-0436.
127. Traffic calming devises shall be prohibited unless approved by the Fire Chief and Fire
Marshal.
128. Open Spaces, including storm water detention/retention basins, landscaped and naturally
vegetated areas shall have vegetation management to remove dead plants and debris, and to
remove, disc or mow weeds during weed abatement season from April to November of
each year. In HOA managed areas, the HOA shall be responsible. For privately owned
property it shall be performed by the property owner.
VALLEY WATER DISTRICT
The following conditions shall be met prior to the approval of the FINAL MAP or PARCEL MAP,
or if another deadline is specified in a condition, at that time.
129. Verify the bearings provided in Sheet 2 of Mid Coast Engineers’ survey map; more
specifically, the bearing provided for the southerly property line. This appears to be
inconsistent with the bearing provided in Valley Water’s easement deed for the future
South County Recycled Water Line. Review the shared property line between the proposed
development and Valley Water’s right of way. The Applicant’s response indicating that
ALTA was “provided by a licensed surveyor” does not adequately justify the noted
inconsistency for the shared property line.
9.3.h
Packet Pg. 504 Attachment: Draft Resolution - AS 21-17 (4030 : Royal Way Townhomes)
Resolution No. 2022-XX
Architectural and Site Permit AS 21-17; Royal Way Townhomes Project
City Council Regular Meeting | November 21, 2022
Page 40 of 41
130. Show and label Valley Water’s two easements on the Alta survey and all other plan sheets
where there are proposed improvements.
131. Fencing shall be maintained along the property line to prevent people from climbing up
onto the existing levee. Show the fence in the cross sections provided on Sheet C1.1; details
for the fence should also be provided.
132. Provide details for proposed retaining wall shown on Sheet C1.0. A cross section and detail
should be provided to show that the entire retaining wall, including the footing, is within
the limits of the subject property.
133. Show existing and proposed grades along the property line to ensure that there are no
impacts to the levee, or the drainage pattern next to the levee.
134. Valley Water owns a Temporary Construction Easement (TCE) within portions of APN
799-44-109 and 799-44-110. Please be advised that no construction, grading, or
improvements shall take place until such time that the temporary construction easement is
extinguished. According to the TCE deeds: “The easement is necessary for the purpose of
constructing the South County Recycled Water Pipeline Project and related activities
incident to construction. This temporary construction easement shall not be revoked and
shall continue in full force and effect until such time the construction of the South County
Recycled Water Pipeline Project has been completed at which time the temporary
construction shall terminate.”
135. Sheet C1.0 shows a concrete walkway which crosses the length of Valley Water’s water
pipeline easement. As per the easement deed, the “easement area shall be kept clear of any
type of building, fences, structure, pavement, or trees unless prior written approval is
obtained from [Santa Clara Valley Water] District.” Staff would like to reiterate that a
Valley Water encroachment permit will need to be issued for the proposed improvements in
this area. Issuance of an encroachment permit are subject to the applicant demonstrating the
improvements will not adversely impact Valley Water facilities or access for construction,
operation, and/or maintenance of its facilities.
136. On Sheet L-1.0, Valley Water recommends the complete removal of the olive trees (Olea
europaea) as their seedlings are invasive on creeks. According to the Guidelines and
Standards for Land Use Near Streams (G&S), Design Guide 3, Section 1.C.2, Olea
europaea is listed as an invasive species that should be avoided. Furthermore, Design
Guide 4, Section 1.C, states that invasive, non-native species should not be planted near
streams.
137. Sheet L-2.0 of the landscaping plans show Western Sycamore (Platanus racemosa) as one
of the proposed tree plantings. Valley Water would like to note that recent studies in
Coyote Valley have shown that many Western Sycamores could be a non-local ecotype or
9.3.h
Packet Pg. 505 Attachment: Draft Resolution - AS 21-17 (4030 : Royal Way Townhomes)
Resolution No. 2022-XX
Architectural and Site Permit AS 21-17; Royal Way Townhomes Project
City Council Regular Meeting | November 21, 2022
Page 41 of 41
undesirable hybrid species. According to the G&S, Design Guide 2, Sections 1.B and 1.C,
plantings that have been “propagated from seeds, cuttings or divisions collected from the
same local creek or watershed” should be used.
138. Sheet L-2.0 of the landscaping plans shows proposed plantings within the limits of the TCE
and pipeline easement noted in Comment #5 and #6, respectively. Valley Water currently
has an ongoing capital project to expand the recycled water line through the subject parcel.
Consequently, the TCE should be kept clear until construction in this area has been
completed.
139. Sheet L-2.0 of the landscaping plans currently show a proposed tree planting within Valley
Water’s pipeline easement. To avoid potential damage and maximize access to the pipeline,
trees should not be planted within the easement area. Plantings within the easement area
must be limited to low lying ground cover plants which do not consist of shrubs or trees. A
Valley Water approval and permit is required for any proposed improvements within the
easement.
140. The lighting plans prepared by AGi32 show trees within Valley Water’s fee title; please
clarify if these are existing trees. There should be no proposed trees on Valley Water right
of way.
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City of Gilroy
STAFF REPORT
Agenda Item Title: Adopt an Ordinance Adopting by Reference the 2022
California Building Codes with Amendments
Meeting Date: November 21, 2022
From: Jimmy Forbis, City Administrator
Department: Community Development Department
Submitted By: Sharon Goei, Community Development Director
Prepared By: Sharon Goei, Community Development 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
Waive the second reading and adopt 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 amendments.
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BACKGROUND
On November 7, 2022, the City Council introduced an Ordinance adop ting by reference
the 2022 California Building Codes with amendments. The City Council set a public
hearing on November 21, 2022, for the adoption of the Ordinance, pursuant to
California Government Code Section 50022.3. Notice of the public hearing was
published on November 4 and 11, 2022, pursuant to Government Code Section 6066.
There were no changes to the Ordinance from the first reading.
ANALYSIS
Adoption of the new 2022 codes with local amendments will ensure that buildings and
associated facilities and equipment in Gilroy will safeguard the public’s health, safety,
and general welfare and provide an increased level of health and safety for Gilroy
residents and businesses. Staff recommends that the Council adopt the Ordinance
adopting by reference the new codes with amendments. The new codes with any
approved local amendments will become effective on January 1, 2023.
FISCAL IMPACT/FUNDING SOURCE
There is no direct cost to the City for adopting the Codes.
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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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
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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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(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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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.
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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.
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PASSED AND ADOPTED this 21st 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
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City of Gilroy
STAFF REPORT
Agenda Item Title: Adopt an Ordinance Adopting by Reference the 2022
California Green Building Standards Code with
Amendments
Meeting Date: November 21, 2022
From: Jimmy Forbis, City Administrator
Department: Community Development Department
Submitted By: Sharon Goei, Community Development Director
Prepared By: Sharon Goei, Community Development 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
Waive the second reading and adopt 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.
BACKGROUND
On November 7, 2022, the City Council introduced an Ordinance adopting by reference
the 2022 California Green Building Standar ds Code with amendments. The City Council
set a public hearing on November 21, 2022, for the adoption of the Ordinance, pursuant
to California Government Code Section 50022.3. Notice of the public hearing was
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published on November 4 and 11, 2022, pursuant to Government Code Section 6066.
There were no changes to the Ordinance from the first reading.
ANALYSIS
Adoption of the new 2022 California Green Building Standards Code with local
amendments will ensure that buildings and associated facilities and equipment in Gilroy
will safeguard the public’s health, safety, and general welfare and provide an increased
level of health and safety for Gilroy residents and businesses. Staff recommends that
the Council adopt the Ordinance adopting by reference the 2022 Ca lifornia Green
Building Standards Code with amendments. The new code with any approved local
amendments will become effective on January 1, 2023.
FISCAL IMPACT/FUNDING SOURCE
There is no direct cost to the City for adopting the Code. The City will receiv e a $10,000
reach code grant from SVCE to help defray costs associated with developing code
amendments.
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 6.6 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.
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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
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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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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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[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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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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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.
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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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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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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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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.
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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 21st 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
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City of Gilroy
STAFF REPORT
Agenda Item Title: Adopt an Ordinance Adopting by Reference the 2022
California Fire Code with Amendments
Meeting Date: November 21, 2022
From: Jimmy Forbis, City Administrator
Department: Community Development Department
Submitted By: Sharon Goei, Community Development Director
Prepared By: Sharon Goei, Community Development 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
Waive the second reading and adopt an Ordinance amending Sections 10.9 and 10.10
of Chapter 10 of the Gilroy Mu nicipal Code adopting by reference the 2022 California
Fire Code with amendments.
BACKGROUND
On November 7, 2022, the City Council introduced an Ordinance adopting by reference
the 2022 California Fire Code with amendments. The City Council set a public h earing
on November 21, 2022, for the adoption of the Ordinance, pursuant to California
Government Code Section 50022.3. Notice of the public hearing was published on
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November 4 and 11, 2022, pursuant to Government Code Section 6066. There were no
changes to the Ordinance from the first reading.
ANALYSIS
Adoption of the new 2022 California Fire Code with local amendments will ensure that
buildings and associated facilities and equipment in Gilroy will safeguard the public’s
health, safety, and general welfare and provide an increased level of health and safety
for Gilroy residents and businesses. Staff recommends that the Council adopt the
Ordinance adopting by reference the 2022 California Fire Code with amendments. The
new code with any approved local ame ndments will become effective on January 1,
2023.
FISCAL IMPACT/FUNDING SOURCE
There is no direct cost to the City for adopting the Code.
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.) (“CEQA”)
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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.
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.
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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.
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
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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.
Exceptions:
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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
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
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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
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.
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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.
Reason for amendment: The Gilroy amendment maintains consistency with current
Gilroy policies and practices.
Chapter 6 is adopted in its entirety as amended below.
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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.
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.
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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.
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
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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
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
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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
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).
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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.
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:
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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 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
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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.
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
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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:
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.
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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
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
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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 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
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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,
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.
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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 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
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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
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:
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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
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.
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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.
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
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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.
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.
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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:
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
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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.
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.
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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.
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.
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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.
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.
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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
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:
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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.
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:
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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
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
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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
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
9.6.a
Packet Pg. 593 Attachment: Draft Ordinance (4045 : Second Reading - Adopt Fire Code)
Ordinance No. 2022-XX
Fire Code Adoption
City Council Regular Meeting | November 21, 2022
Page 35 of 40
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.
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
9.6.a
Packet Pg. 594 Attachment: Draft Ordinance (4045 : Second Reading - Adopt Fire Code)
Ordinance No. 2022-XX
Fire Code Adoption
City Council Regular Meeting | November 21, 2022
Page 36 of 40
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.
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).
9.6.a
Packet Pg. 595 Attachment: Draft Ordinance (4045 : Second Reading - Adopt Fire Code)
Ordinance No. 2022-XX
Fire Code Adoption
City Council Regular Meeting | November 21, 2022
Page 37 of 40
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.
9.6.a
Packet Pg. 596 Attachment: Draft Ordinance (4045 : Second Reading - Adopt Fire Code)
Ordinance No. 2022-XX
Fire Code Adoption
City Council Regular Meeting | November 21, 2022
Page 38 of 40
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:
9.6.a
Packet Pg. 597 Attachment: Draft Ordinance (4045 : Second Reading - Adopt Fire Code)
Ordinance No. 2022-XX
Fire Code Adoption
City Council Regular Meeting | November 21, 2022
Page 39 of 40
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
9.6.a
Packet Pg. 598 Attachment: Draft Ordinance (4045 : Second Reading - Adopt Fire Code)
Ordinance No. 2022-XX
Fire Code Adoption
City Council Regular Meeting | November 21, 2022
Page 40 of 40
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 21st 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
9.6.a
Packet Pg. 599 Attachment: Draft Ordinance (4045 : Second Reading - Adopt Fire Code)
City of Gilroy
STAFF REPORT
Agenda Item Title: Agricultural Zoning Districts and Establishment of
Agricultural, Resource, and Open Spaces Uses Including
Beekeeping
Meeting Date: November 21, 2022
From: Jimmy Forbis, City Administrator
Department: Administration
Submitted By: Jimmy Forbis, City Administrator
Prepared By: Bryce Atkins, Assistant to the 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 direction not to proceed with pursuing policies permitting agriculture operations,
including beekeeping, outside of agriculture districts.
BACKGROUND
On July 5, 2022, a Council-initiated item was requested and approved to bring back to
Council to assess Council’s interest in allowing beekeeping in the City outside of the
agriculture zoning district and other such agricultural activities, to take place within the
City of Gilroy.
11.1
Packet Pg. 600
ANALYSIS
Agricultural Operations – Not Just Beekeeping
Although the Council-initiated item was based on beekeeping, the issue pertains to
agricultural operations, and the benefits and impacts of allowing such activity outside of
the agriculture zoning district. The challenge with just permitting beekeeping and not
addressing agricultural operations comprehensively is the tendency to generate
inconsistent, spotty regulations that form over time, as opposed to strategically planned .
The allowance of beekeeping will likely trigger a call for the allowance of other
agriculture operations within develop ed areas, such as chickens, pigs, or others. Once
one type of agricultural operation is allowed, anyone with interest in expanding the list of
permitted types may also come before Council requesting similar concessions, citing
that if one is allowed, theirs must be too.
In a survey of the 15 cities in Santa Clara County, only tw o (Gilroy and Milpitas) don’t
have allowances for beekeeping expressly stated in their codes. They are also the only
two cities that do not permit livestock animals, such as cows, horses, goats and sheep
in residential areas, with conditions. Each city tha t has a code section allowing
beekeeping in non-agricultural districts, there are allowances for other farm animals to
be in residential or other districts, with only two not allowing these animals in residential
areas, but allowances in other districts. T here are conditions that are in place, such as
minimum lot sizes and setbacks, etc. but the animals are allowed in the district if the lot
conditions are met. Further requirements exist in their zoning codes.
There will likely be interest in expanding the scope to include livestock and other
agriculture-based animals and insects (collectively, “farming animals”). This will require
any effort to regulate beekeeping to also analyze and address other farming animals
and agriculture operations to help fully regulate and establish firm lines of permission
and prohibition. If beekeeping is directed to be pursued, it is critical to take a
comprehensive approach to the issue.
Initial Scoping of Analysis Needs
The Search for Example Ordinances
Staff has commenced looking for ordinances from cities that are allowing, in some form,
for agricultural activities to take place within their city limits , outside of agriculture zoning
districts (“ag districts”). Ag districts are zoning areas that allow for, in limited capa city,
agriculture operations. Ag districts, and what are allowed on them, vary from city to city.
Gilroy already has an ag district designation in the zoning ordinance (attached).
The issue, as staff understands, is having beekeeping or other agriculture operation in
areas with other land uses (such as residential, commercial, industrial, public areas,
etc.). Staff began searching for ordinances that authorize that type of activity in areas
outside of ag districts. So far, staff has found many beekeeping code sections.
11.1
Packet Pg. 601
However, cities vary in regulations relating to other animals in addition to bees, such as
horses, donkeys, and chickens.
Surface Level Assessment of Analysis Needs
If direction is given to proceed, there are a host of considerations to be made and
issues to analyze as part of this project. Those that have already been identified are
below. This is only an initial list, as staff has not fully engaged the cross -departmental
and cross-functional teams that would be necessary to undertake this project fully.
• Inter-lot impacts
o Sound: In the case of farming animals, there are limits to the amount of
sound control that are possible within existing development. There will
likely be issues of excessive noise claims if farming animals are
introduced into more populated development than in agriculture districts.
o Smell: farming animals well emanate odors that will not respect lot lines or
changes in property ownership. Although some intensive , noxious odors
can be regulated, currently there is not a simple and objective measure of
smell available for code enforcement or animal control to use to help
address issues that arise relating to this impact.
o Animal waste pollution: farming animals will produce waste as a function
of living. Proper and regulated disposal in non-agricultural settings will be
essential in the protection of health and safety. While the keeping of
farming animals in agriculture districts within the City can be done safely
within existing requirements, animal wastes in urbanized area s can cause
health issues due to its proximity to higher population densities.
o Water quality: water quality issues can become critical as well. Within the
city limits, storm drains and surface drainage systems can collect
discharge if it washes into the system. This could expand pollution beyond
the immediate area of a lot with farming animals. The waste would also
eventually pass through the soils. Depending upon level of use, and
proximity to drinking water wells, this could impact both waterways and the
City’s water treatment system.
o Farming animals traversing across lots: Farming animals will escape their
containment from time to time. Some farming animals, such as bees, will
require travel to other areas to forage. Although one lot owner may be fine
with it, others may not want to live immediately adjacent to beehives, or
other farming animals. By allowing the use outside of agriculture zone
districts, there would likely be turmoil and complaints that will rise through
staff up to Council regarding farming animals moving into or through areas
where the property owner does not consent to their presence. This will
breed conflict between property owners, but also disagreements with the
City for permitting them.
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Packet Pg. 602
• City Activities
o Wastewater: The City would also need to monitor wastewater discharges
to maintain compliance with discharge requirements from various permits
from the State Water Resources Control Board, among others. It is
possible that those interested in having farming animals on their lots may
try to dispose of waste through the sewer system, which may cause
clogging and discharge concentration issues in the wastewater collection
and treatment systems.
o Potable drinking water demand: any agricultural operation on developed
property would necessitate a higher use of treated drinking water, with the
exception of any locations utilizing recycled/reclaimed water. The higher
demand of water use individually may be a minor amount, but could in the
aggregate be a noticeable increase in usage. This would need higher
levels of analysis and projection based on possible participation of
property owners.
o Land-use permitting and review workload: The City’s Planning Division
would be undertaking a large portion of the project workload if staff is
directed to proceed. This heavy requirement of staff hours could draw out
this project, or require resources pulled from other community
development activities to fulfill this project at the expense of other projects
that are submitted with cost recovery payments.
o Animal Control: The roles and responsibilities of Animal Control would
need to be analyzed to ensure that the City’s role in enforcing animal care
within the city limits is being performed correctly. New training, legal
interpretations, and equipment might be needed to handle newly permitted
animals in the community.
• Regulatory Issues
o City’s liability: an analysis will need to be done to determine what, if any,
liability will be added to the City in the case of allowing farming animals
and agricultural operations to be located within non-agriculture zones.
o Permitted farming animals: An analysis and plan on how to determine
what farming animals and/or agriculture operations are deemed
“acceptable” vs. “unacceptable” will be needed. This would be required to
help differentiate and justify allowing certain animals and operations, while
prohibiting others.
o Animals raised for slaughtering/butchering: There will have to be a review
of restrictions on butchering and slaughtering animals within the City,
depending upon what farming animals are allowed, and if they will be
allowed to be raised for consumption (chickens laying eggs vs. chickens
for eating in mature form).
11.1
Packet Pg. 603
Workload Analysis and Legislative Agenda
As mentioned previously, this is a preliminary list. It can be expected that more issues
may be identified if this work is to proceed. The workload lift is significant to conduct a
full analysis and try to deliver function al options to Council for adoption. If directed to
proceed, staff will conduct the work, but will need to assess and remove items from the
current workload to gain the capacity to carry it out. This could be one or more items
from the Council Legislative Agenda, and/or one or more items from various department
workplans. If the instruction is to proceed, staff will return to Council to recommend what
items may be recommended for delay or cancellation.
Given the effort required to perform comprehensive policy that addresses all agricultural
uses, staff is rendering a recommendation to not pursue beekeeping or agriculture
operations outside of ag districts. There are several challenges associated with
agricultural uses in and around residential, commercial, and industrial zones that on a
surface-level review will demand significant resources not currently available without
making sacrifices.
ALTERNATIVES
Council may direct staff to pursue a llowing agriculture operations to occur within the
City. Given the need to analyze the various impacts, including environmental,
operational, and legal, as well a s the process to address zoning, the general plan, and
other procedural demands to implement such a change, one or more of the Council’s
legislative agenda items, as well as likely some departmental work plan items, would
have to drop off or be paused for a significant length of time.
FISCAL IMPACT/FUNDING SOURCE
No fiscal impact is anticipated if direction is to cease pursuit of allowing agriculture
operations to occur within the City. If there is direction to proceed, any fiscal impact
associated with future actions shall be identified and analyzed in such future staff
reports.
CONCLUSION
There may be some private benefit, and some minor environmental enhancements from
encouraging agricultural operations within the City . The level of benefit would depend
upon the quality of the endeavor and effort applied by the resident. However, providing
the option to have agriculture within the City presents a lot of challenges and risk while
also demanding a heavy lift by the City to develop , implement, and enforce any new
regulations adopted relating to agriculture operations.
Attachments:
1. Ag District Code Sections
11.1
Packet Pg. 604
4.20 Swine, bees, chickens, roosters, peafowl, ostriches and other “Ratitae,” and livestock
prohibited except in agricultural zones.
(a) It is unlawful for any pers on to k eep, maintain or permit to be maintained bees, swine, llamas,
roos ters, chic kens , pigeons, turkey s, pea fowl, water fowl, ostric hes and other “Ratitae,” or
livestock on any premises within the city that hav e not been zoned for agricultural us e, except as
otherwis e provided in s ection 4.23. The term “s wine” as used herein does not include pot-bellied
pigs harbored in stric t accordance with restrictions related to noise or sanitation as provided in this
chapter.
(b) It is unlawful for any pers on to c ons truct, establish, conduct or maintain or c ause to be
construc ted, es tablis hed or maintained, or engage in, exc ept as otherwis e prov ided for in this
chapter, any dairy , s toc k y ard or stock c orral, cattle ranch, rabbit or poultry ranch, or public s table,
on any premises not zoned for agricultural use. Where s uch uses are ex is ting on the effec tive date
of this ordinance, then suc h us e s hall be allowed to continue as a nonc onforming us e. (Ord. No. 95-
9, §§ 2, 3, 5-1-95; Ord. No. 98-1, § II, 1-5-98; Ord. No. 2012-03, § 1, 3-5-12)
The Gilroy City Code is current through Ordinance 2022-05, passed July 5, 2022.
Gilroy C i ty Code 4.20 Swine, bees, chi ckens, roosters, peafow l , ostri ches and other “Ratitae,”
and livestock prohibited except in agricultural zones.
Page 1 of 1
11.1.a
Packet Pg. 605 Attachment: Ag District Code Sections (3976 : Beekeeping with the City)
30.4.10 A1 agricultur e district.
(a) Statement of Intent. This section of the Zoning Ordinance is intended to provide for areas within
the city that may be us ed for agricultural purposes. The lands in the A1 agric ulture distric t are
expected to be urbanized ultimately in ac cordance with the general plan. In the interim, thes e lands
prov ide areas for agricultural ac tivities . The minimum lot s ize is intended to preserve lots in sizes
suitable for agricultural us e and potential urban dev elopment. The following regulations, ex c ept to
the ex tent that they may be modified by a c ombining distric t, shall apply to ev ery lot and building in
an A1 agriculture dis trict.
(b) Permitted Us es and Conditional Uses . Land in the A1 agriculture dis trict may be us ed as
prov ided in the res idential us e table, sec tion 30.11.10(c). Conditional uses may be permitted with a
conditional us e permit, which may be is s ued by the planning commis sion in ac cordance with the
regulations in s ection 30.50.30.
(c) Site and Building Requirements. The lot, y ard, height, and additional requirements in the A1
agriculture district shall be as established in the res idential site and building requirement table,
sec tion 30.11.20(c).
(d) Dens ity. The max imum dens ity in the A1 agric ulture distric t s hall be one (1) dwelling unit per lot.
This density limitation is intended to prov ide for an av erage density of less than one (1) unit per
twenty (20) ac res. (Ord. No. 2013-08, § 2 (Ex h. A), 8-5-13; Ord. No. 2018-02, § 4, 1-8-18)
The Gilroy City Code is current through Ordinance 2022-05, passed July 5, 2022.
Gilroy C i ty Code 30.4.10 A1 agriculture di strict.Page 1 of 1
11.1.a
Packet Pg. 606 Attachment: Ag District Code Sections (3976 : Beekeeping with the City)
30.11.10 Residential use table.
(a) Statement of Intent. The intent of this residential use table is to clearly and precis ely designate
permitted uses and conditional us es within each of the following dis tricts :
A1 Agriculture Distric t
RR Rural Residential Distric t
R1 Single-Family Res idential
Distric t
R2 Two (2) Family Residential
Distric t
R3 Medium Density Residential
Distric t
R4 High Dens ity Res idential
Distric t
RH Res idential Hillside Dis trict
ND Neighborhood Dis trict
(b) Designation of Residential Us es. The residential use table indic ates whether a variety of uses
are unconditionally permitted, permitted only with a conditional use permit from the planning
commis sion, or permitted only under s pec ial conditions. The planning commission, or its des ignee,
shall determine, upon written request, whether any use not listed in the res idential us e table is
similar in c harac ter to a des cribed us e for the purpose of applying the distric t regulations and
conditions .
(c) Residential Us e Table.
A1 RR R1 R2 R3 R4 RH ND
Acc essory Building X X X X X X X *
Temporary Building X X X X X X X *
Agricultural Uses
Agriculture X X C5 C5 C5 C5 C5 *
Animal Hus bandry C C *
Animal Services *
Animal Boarding X X *
The Gilroy City Code is current through Ordinance 2022-05, passed July 5, 2022.
Gilroy C i ty Code 30.11.10 R esidential use tabl e.Page 1 of 4
11.1.a
Packet Pg. 607 Attachment: Ag District Code Sections (3976 : Beekeeping with the City)
Veterinary Hospital X X *
Commercial Uses
Bed/Break fas t Establis hment
(1—2 Rooms )
C C C C C C *
Boarding or Rooming House X C C C C C *
Day Care Center C C C C C C *
Family Day Care Home X X X X X X *
Home Oc c upation2 D D D D D D *
Landsc ape Nurs ery C *
Sale of Farm Produc ts (Grown
on Site)
X C *
Subdivision Sales Office T T T T T *
Public and Semi-Public Uses
Community Garden X X X X X X *
Emergency Shelter7 C C C C C C C *
Golf Course or Country Club C C C C C C *
Hospital C C *
Neighborhood Baz aar T T T T T *
Open Space (Recreational) X X X X X X *
Private Neighborhood Park,
Recreation Facility
C4 C4 C4 C4 C4 C4 *
Public ly Owned Building or
Facility
X X X X X X *
Religious Ins titution X X X X X X *
Schools (Priv ate ≤ 12
Students or Public )
X X X X X X *
Schools (Priv ate > 12
Students)
C C C C C C *
Supportiv e and Trans itional
Housing6
X X X X X X X *
Residential Uses
X X X X X X *
The Gilroy City Code is current through Ordinance 2022-05, passed July 5, 2022.
Gilroy C i ty Code 30.11.10 R esidential use tabl e.Page 2 of 4
11.1.a
Packet Pg. 608 Attachment: Ag District Code Sections (3976 : Beekeeping with the City)
Acc essory Dwelling Unit1 X X X X X X *
Condominiums X X X *
Duplex X3 X X X *
Mobile Home Park C C X X *
Multiple-Family Building X X *
Residential Care Homes
(More Than 6 Res idents)
C C C C C C *
Residential Care Homes (Up
to and Including 6 Residents)
X X X X X X *
Single-Family Dwelling or
Modular Home
X8 X X X X X X *
Townhouse X X X *
X = Unc onditionally permitted.
C = Permitted only with conditional us e permit granted by planning commis s ion.
D = Permitted s ubjec t to the approv al of the planning manager.
T = Temporary use—see Article XLVII.
* = Refer to the mas ter plan or specific plan adopted for the neighborhood dis trict area in which
the property is located.
1 Accessory dwelling unit(s ) and/or junior ac ces s ory dwelling units may be allowed subject to
compliance with the regulations presc ribed in Artic le LIV.
2 Permitted only if the regulations of Artic le XL are met.
3 A duplex dwelling is permitted when all of the following c onditions are met:
(a) The duplex dwelling shall be loc ated on a corner lot only ; and
(b) The c orner lot s hall have a minimum area of eight thous and (8,000) s quare feet and be s o
des ignated for a duplex unit on a tentativ e and final map; and
(c) The duplex shall not increase the ov erall density within any given land subdivis ion beyond
the maximum of seven and one-fourth (7 1/4) dwelling units per net ac re.
4 Conditional us e permit required unless otherwis e allowed through an approved planned unit
The Gilroy City Code is current through Ordinance 2022-05, passed July 5, 2022.
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Packet Pg. 609 Attachment: Ag District Code Sections (3976 : Beekeeping with the City)
dev elopment.
5 Planning c ommiss ion approval of a c onditional use permit is required for all new agric ultural
us es.
6 Supportive and/or trans itional hous ing that serv es more than s ix (6) individuals, provides on-
site serv ices and is lic ensed by the s tate as a group home shall only be allowed upon the
granting of a c onditional use permit.
7 Emergenc y s helters shall be subject to the performance standards listed in section 30.41.32.
Additionally , emergenc y shelters in the agriculture and residential z oning distric ts shall only
serv e families . For the purpose of this sec tion, a “family” is defined as having one (1) or more
indiv iduals under eighteen (18) years of age who reside with a parent or with another person
with c are and legal custody of that individual (including foster parents ) or with a des ignee of that
parent or other person with legal c ustody. Family als o inc ludes a pregnant woman or a person
who is in the proc ess of adopting or otherwise sec uring legal c ustody of any individual under
eighteen (18) years of age.
8 One (1) residential dwelling unit may be permitted on an A1 z oned parc el that has a minimum
size of twenty (20) ac res or more. Subdiv ision of land for further development is not permitted
without rez oning to another zoning district that implements the general plan land use map.
(Ord. No. 2013-08, § 2 (Exh. A), 8-5-13; Ord. No. 2014-06, § 2, 5-5-14; Ord. No. 2018-02, § 7, 1-8-
18; Ord. No. 2019-08, § 4 (Att. A), 10-7-19; Ord. No. 2020-03, § 3, 7-6-20)
The Gilroy City Code is current through Ordinance 2022-05, passed July 5, 2022.
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11.1.a
Packet Pg. 610 Attachment: Ag District Code Sections (3976 : Beekeeping with the City)