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03/06/2023 City Council Regular Agenda Packet March 6, 2023 | 6:00 PM Page 1 of 6 City Council Regular Meeting Agenda CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS, CITY HALL 7351 ROSANNA STREET, GILROY, CA 95020 REGULAR MEETING | 6:00 PM MONDAY, MARCH 6, 2023 MAYOR Marie Blankley COUNCIL MEMBERS Rebeca Armendariz Dion Bracco Tom Cline Zach Hilton Carol Marques Fred Tovar 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 www.cityofgilroy.org 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 bit.ly/3NuS1IN. 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. 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 March 6, 2023 | 6:00 PM Page 2 of 6 City Council Regular Meeting Agenda available with the agenda packet on the City website at www.cityofgilroy.org subject to the 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. To access written translation during the meeting, please scan the QR Code or click this link: Para acceder a la traducción durante la reunión, por favor escanee el código QR o haga clic en el enlace: bit.ly/3FBiGA0 Choose Language and Click Attend | Seleccione su lenguaje y haga clic en asistir Use a headset on your phone for audio or read the transcript on your device. Use sus auriculares para escuchar el audio o leer la transcripción en el dispositivo. The agenda for this regular meeting is as follows: 1. OPENING 1.1. Call to Order 1.2. Pledge of Allegiance 1.3. Invocation 1.4. City Clerk's Report on Posting the Agenda 1.5. Roll Call 1.6. Orders of the Day 1.7. Employee Introductions March 6, 2023 | 6:00 PM Page 3 of 6 City Council Regular Meeting Agenda 2. CEREMONIAL ITEMS - Proclamations and Awards 2.1. Proclamation – Proclaiming March 2023 as American Red Cross Month 3. PRESENTATIONS TO THE COUNCIL 3.1. Presentation from Community Agency for Resources, Advocacy and Services (CARAS) - Gilroy Youth Center 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 – Cities Association Santa Clara County Board of Directors (alternate), Santa Clara County Library Joint Powers Authority, Santa Clara Valley Water Commission, Santa Clara Valley Water Joint Water Resources Commission, SCRWA Council Member Armendariz – Santa Clara County Library Joint Powers Authority, Santa Clara Valley Habitat Agency Governing Board, Santa Clara Valley Habitat Agency Implementation Board, Silicon Valley Clean Energy Authority JPA Board (alternate), South County United for Health Council Member Marques – ABAG, Gilroy Gardens Board of Directors, Santa Clara Valley Habitat Agency Governing Board, Santa Clara Valley Habitat Agency Implementation Board, SCRWA (alternate) Council Member Hilton – CalTrain Policy Group (alternate), Silicon Valley Clean Energy Authority JPA Board, South County United for Health (alternate), VTA Policy Advisory Committee Council Member Cline – Gilroy Economic Development Partnership (alternate), Gilroy Sister Cities Association, Gilroy Youth Task Force, Silicon Valley Regional Interoperability Authority Board, VTA Policy Advisory Committee (alternate), Visit Gilroy California Welcome Center Board March 6, 2023 | 6:00 PM Page 4 of 6 City Council Regular Meeting Agenda Council Member Tovar – Gilroy Youth Task Force (alternate), Santa Clara County Expressway Plan 2040 Advisory Board, Santa Clara Valley Water Commission, SCRWA, South County Youth Task Force Policy Team, VTA Mobility Partnership Mayor Blankley – ABAG (alternate), CalTrain Policy Group, Cities Association Santa Clara County Board of Directors, Gilroy Economic Development Partnership, Gilroy Sister Cities Association (alternate), Gilroy Youth Task Force, Santa Clara Valley Water Joint Water Resources Commission, SCRWA, South County Youth Task Force Policy Team, VTA Board of Directors, VTA Mobility Partnership 5. COUNCIL CORRESPONDENCE 5.1. City Council Member Meeting Attendance 5.2. Support for the City of Gilroy’s 2023 RAISE Application – 10th Street Bridge 6. FUTURE COUNCIL INITIATED AGENDA ITEMS 7. CONSENT CALENDAR All matters listed under the Consent Calendar are considered by the City Council to be routine and will be enacted by one motion. There will be no separate discussion of these items unless a request is made by a member of the City Council or a member of the public. Any person desiring to speak on any item on the consent calendar should ask to have 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. Approval of the Action Minutes of the February 27, 2023 City Council Regular Meeting 7.2. Time Extension Request No. 4 for Tentative Map and Architectural and Site Review Permit Approvals for Development of 202 Townhouse Units at the Southeast Corner of Santa Teresa Boulevard and First Street, APNs 808- 01-21, 808-01-22 and 808-01-23; filed by Eagle Garden, LLC (TM 13-11 & AS 18-20). 8. BIDS AND PROPOSALS 8.1. Award a Contract to McKim Corporation for the FY23 Annual CDBG Sidewalk/Curb Ramp Project No. 23-PW-279 and Approve a Project Expenditure of $271,205 1. Staff Report: Daryl Jordan, Public Works Director 2. Public Comment 3. Possible Action: a) Award a contract to McKim Corporation in the amount of $246,550 for the construction of the FY23 Annual CDBG Sidewalk/Curb Ramp Project No. 23-PW-279 and authorize the City Administrator to execute the contract and associated documents; and b) Approve a contingency amount of $24,655 to be expended only with approved change orders for a maximum project expenditure of $271,205. March 6, 2023 | 6:00 PM Page 5 of 6 City Council Regular Meeting Agenda 9. PUBLIC HEARINGS 9.1. Architectural and Site Review Permit to amend the Plaza Allium sign program, located on property at the northeast corner of Tenth Street and Chestnut Street, Application No. AS 22-24 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: Staff has analyzed the proposed project and recommends that the City Council take the following actions: a) Determine pursuant to CEQA Guidelines Section 15162, that the proposed amendment to the approved sign program is adequately assessed by the Mitigated Negative Declaration (MND) (SCH # 2021060521) adopted for the commercial development project on September 20, 2021, and that no subsequent environmental review shall be required, based on its independent analysis. b) Adopt a resolution to approve the proposed sign program amendment AS 22-24. 10. UNFINISHED BUSINESS 11. INTRODUCTION OF NEW BUSINESS 11.1. Approval of the Updated City of Gilroy Purchasing Policy 1. Staff Report: Harjot Sangha, Finance Director 2. Public Comment 3. Possible Action: Approve the updated City of Gilroy Purchasing Policy. 11.2. Update on the Status of Council and Departmental Work Plans 1. Staff Report: Bryce Atkins, Assistant to the City Administrator 2. Public Comment 3. Possible Action: Council receive the update. 12. CITY ADMINISTRATOR'S REPORTS 13. CITY ATTORNEY'S REPORTS 14. CLOSED SESSION 14.1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code Section 54957 and Gilroy City Code Section 17A.11 (2); Employee Name/Title: Jimmy Forbis, City Administrator 15. ADJOURN TO OPEN SESSION Report of any action taken in Closed Session and vote or abstention of each Council Member if required by Government Code Section 54957.1 and GCC Section 17A.13 (a); Public Report of the vote to continue in closed session if required under GCC Section 17A.11 (e). March 6, 2023 | 6:00 PM Page 6 of 6 City Council Regular Meeting Agenda 16. ADJOURNMENT FUTURE MEETING DATES March 2023 13 Council Goal / Priority Setting Workshop - 6:00 p.m 20 Regular Meeting - 6:00 p.m April 2023 3 Regular Meeting - 6:00 p.m 17 Regular Meeting - 6:00 p.m May 2023 1 3 Regular Meeting - 6:00 p.m Capital Improvement Plan Workshop – 6:00 – 8:00 p.m. 15 22 Regular Meeting - 6:00 p.m Recommend Operating Budget Workshop – 6:00 – 8:00 p.m. Meetings are webstreamed on the City of Gilroy’s website at gilroy.city/meetings. 2.1 p. 8 of 332 Present Absent Present Absent Present Absent Marie Blankley 6 0 0 0 6 0 Rebeca Armendariz 6 0 0 0 6 0 Dion Bracco 6 0 0 0 6 0 Tom Cline 6 0 0 0 6 0 Zach Hilton 6 0 0 0 6 0 Carol Marques 6 0 0 0 6 0 Fred Tovar 6 0 0 0 6 0 2024 TOTAL City of Gilroy City Council Member Attendance to Council Meetings (2023 - 2024 YTD) 2023 (YTD) 5.1 p. 9 of 332 2023 Calendar Year Attendance with 12/12/2022 Attendance 12/12/2022 Special1/9/2023 Regular1/23/2023 Regular1/28/2023 Special2/6/2023 Regular2/27/2023 Regular3/6/2023 Regular3/13/2023 Special3/20/2023 Regular4/3/2023 Regular4/17/2023 Regular5/1/2023 Regular5/15/2023 Regular6/5/2023 Regular6/19/2023 Regular Marie Blankley P P P P P P Rebeca Armendariz P P P P P P Dion Bracco P P P P P P Tom Cline P P P P P P Zach Hilton P P P P P P Carol Marques P P P P P P Fred Tovar P P P P P P 7/10/2023 Special8/7/2023 Regular8/21/2023 Regular9/11/2023 Regular9/18/2023 Regular10/2/2023 Regular10/16/2023 Regular11/6/2023 Regular11/20/2023 Regular12/4/2023 Regular12/11/2023 SpecialMarie Blankley Rebeca Armendariz Dion Bracco Tom Cline Zach Hilton Carol Marques Fred Tovar Marie Blankley Rebeca Armendariz Dion Bracco Tom Cline Zach Hilton Carol Marques Fred Tovar 6 Total 2023 Present YTD 6 6 6 6 6 6 5.1 p. 10 of 332 City of Gilroy Mayor’s Office 7351 Rosanna Street Gilroy, California 95020-6197 Marie Blankley, Mayor marie.blankley@cityofgilroy.org City Hall Office (408) 846-0227 Facsimile (408) 846-0500 http://www.cityofgilroy.org February 28, 2023 Secretary Pete Buttigieg U.S. Department of Transportation 1200 New Jersey Avenue, SE Washington, DC 20590 Re: Support for the City of Gilroy’s 2023 RAISE Application – 10th Street Bridge Dear Secretary Buttigieg, I am writing on behalf of the City Council of the City of Gilroy to express our strong support for the City of Gilroy’s 2023 RAISE grant application to construct the 10th Street Bridge project. The project establishes a critical connection between the east and west parts of Gilroy, spanning over a large creek that limits vehicular, bicycle and pedestrian access across the two halves of Gilroy. This bridge will establish a regional connector between U.S. Highway 101, and Santa Teresa Boulevard, a regional, county-wide expressway. This project will help to reduce critical police, fire, and ambulance response times, it will reduce traffic volumes travelling through smaller city streets to travel to other bridges in less ideal locations, and will provide additional reliability as the nearest alternative crossing, Miller Avenue, floods each winter blocking access for days across the creek. The bridge will connect with local trails, which ultimately connect with the county-wide and regional trail systems. Additionally, the bridge provides Class 1 bicycle lanes and wide pedestrian paths to encourage multi-modal transportation use. We fully support the application to help fund the construction of the 10th Street Bridge. Please do not hesitate to contact me should you have any questions. Sincerely, Marie Blankley Mayor, City of Gilroy cc: California Federal Delegation Senior Review Team, Office of Infrastructure Finance and Innovation, U.S. Department of Transportation 5.2 p. 11 of 332 Page 1 of 10 City of Gilroy City Council Regular Meeting Minutes Monday, February 27, 2023 | 6:00 PM 1. OPENING (CITY COUNCIL) 1.1 Call to Order Meeting was called to order by Mayor Blankley at 6:00 PM. 1.2. Pledge of Allegiance Council Member Hilton led the Pledge of Allegiance. 1.3. Invocation There were none. 1.4. City Clerk's Report on Posting the Agenda City Clerk Pham reported on the posting of the Agenda. 1.5. Roll Call Attendance Attendee Name Present Rebeca Armendariz, Council Member Dion Bracco, Mayor Pro Tempore Tom Cline, Council Member Zach Hilton, Council Member Carol Marques, Council Member Fred Tovar, Council Member Marie Blankley, Mayor 1.6. Orders of the Day Mayor Blankley requested Agenda Item No. 11.1 be held after the consent calendar. There were no objections to the request. 1.7. Employee Introductions Community Development Director Goei introduce Hazardous Material Inspector David Ayers, Jr. to the Council. 2. CEREMONIAL ITEMS – Proclamations and Awards 2.1. Proclamation – Proclaiming March 2023 as Youth Arts Month Mayor Blankley acknowledged the proclamation. 7.1 p. 12 of 332 February 27, 2023 | 6:00 PM Page 2 of 10 City Council Regular Meeting Minutes 3. PRESENTATIONS TO THE COUNCIL 3.1. PUBLIC COMMENT BY MEMBERS OF THE PUBLIC ON ITEMS NOT ON THE AGENDA BUT WITHIN THE SUBJECT MATTER JURISDICTION OF THE CITY COUNCIL Mayor Blankley opened Public Comment. The following members spoke on items that were not in the agenda: Jeff Orth provided a status update on the Downtown Business Association meeting with the Spanish speaking community. Jan Guffey expressed concerns about the freight trains going through the City carrying toxic chemicals. Joanne Fierro expressed disappointment of the video shown at the January 23, 2023 City Council Regular Meeting as it did not display the City’s diversity. Ron Kirkish opined about the article from Gilroy Dispatch with regards to Silicon Clean Energy and reiterated that carbon dioxide is not a pollutant. There being no further speakers, Mayor Blankley closed Public Comment. 4. REPORTS OF COUNCIL MEMBERS Council Member Bracco had nothing to report. Council Member Armendariz had nothing to report. Council Member Marques reported on Gilroy Gardens Board of Directors. Council Member Hilton reported on VTA Policy Advisory Committee. Council Member Cline had nothing to report. Council Member Tovar reported on meetings with community members. He also reminded the public about the Poppy Jasper International Film Festival being held in April 2023 and his second annual Salsa Tasting Contest and Classic Car Show in mid May 2023. Mayor Blankley reported that City Staff will submit a federal grant application in the amount of $21 million for the construction of the 10th Street Bridge and welcomed the public to submit letters of advocacy. She also reported on the CalTrain Policy Group. 5. COUNCIL CORRESPONDENCE 5.1. Advisory and Request from the California League of Cities for a Resolution Opposing the Taxpayer Protection and Government Accountability Act Ballot Measure Council acknowledged receipt of the correspondence. 6. FUTURE COUNCIL INITIATED AGENDA ITEMS There were none. 7.1 p. 13 of 332 February 27, 2023 | 6:00 PM Page 3 of 10 City Council Regular Meeting Minutes 7. CONSENT CALENDAR Mayor Blankley requested for Agenda Item Nos. 7.1 and 7.4 to be pulled out of the Consent Calendar. Council Member Cline notified the Council he would recuse from voting on Consent Calendar Item No. 7.4 due to a conflict of interest. MOTION: Approve the Consent Calendar excluding Consent Calendar Item No. 7.1 and 7.4. RESULT: Pass MOVER: Fred Tovar, Council Member SECONDER: Dion Bracco, Mayor Pro Tempore AYES: Council Member Armendariz, Mayor Pro Tempore Bracco, Council Member Cline, Council Member Hilton, Council Member Marques, Council Member Tovar, Mayor Blankley 7.1. Approval of the Action Minutes of the February 6, 2023 City Council Regular Meeting Item was pulled from Consent Calendar. 7.2. Adoption of a Resolution Approving Budget Amendments in Fiscal Year 2022-23 Adding $43,529 from the Board of State and Community Corrections Officer Wellness and Mental Health Grant Program to the Police Department Grants Fund. A motion was made to adopt the resolution. RESULT: Pass Enactment No.: Resolution No. 2023-07 7.3. Resolution of the City Council of the City of Gilroy Declaring Weeds a Nuisance A motion was made to adopt the resolution. RESULT: Pass Enactment No.: Resolution No. 2023-08 7.4. Tentative Map Time Extension Request for Greenfield Subdivision approval to subdivide 8.36 acres into 14 residential lots, and dedication of 3.7 acres to Uvas Creek Preserve, located at the northerly end of Greenfield Drive, APN 808-20-008, Applicant James Suner (TM 16-02) Item was pulled from Consent Calendar. 7.5. Adopt an Ordinance of the City Council of the City of Gilroy Amending Chapter 19B of the Gilroy City Code Relating to Smoking Pollution Control to Prohibit Smoking at Multi-Family Housing Properties and Public Events Except in Designated Areas A motion was made to adopt the ordinance. RESULT: Pass 7.1 p. 14 of 332 February 27, 2023 | 6:00 PM Page 4 of 10 City Council Regular Meeting Minutes Enactment No.: Ordinance No. 2023-02 7.6. Adopt an Ordinance of the City Council of the City of Gilroy Amending Chapter 19C of the Gilroy City Code Relating to Social Host Accountability to Increase the Penalty Amounts and Increase the Period of Time for Issuing Citations A motion was made to adopt the ordinance. RESULT: Pass Enactment No.: Ordinance No. 2023-03 7.7. Claim of Loreen Clark (The City Administrator recommends a "yes" vote under the Consent Calendar shall constitute a denial of the claim). A motion was made to deny the claim. RESULT: Pass ITEMS PULLED FROM CONSENT CALENDAR 7.1. Approval of the Action Minutes of the February 6, 2023 City Council Regular Meeting Mayor Blankley requested to add additional verbiage in the title of the ordinance of the minutes for further clarification. Motion: Approve the minutes with additional verbiage for clarification in the title RESULT: Pass MOVER: Marie Blankley, Mayor SECONDER: Fred Tovar, Council Member AYES: Council Member Armendariz, Mayor Pro Tempore Bracco, Council Member Cline, Council Member Hilton, Council Member Marques, Council Member Tovar, Mayor Blankley 7.4. Tentative Map Time Extension Request for Greenfield Subdivision approval to subdivide 8.36 acres into 14 residential lots, and dedication of 3.7 acres to Uvas Creek Preserve, located at the northerly end of Greenfield Drive, APN 808-20-008, Applicant James Suner (TM 16-02) Motion: to approve the Tentative Map Time Extension Request for Greenfield Subdivision approval to subdivide 8.36 acres into 14 residential lots, and dedication of 3.7 acres to Uvas Creek Preserve, located at the northerly end of Greenfield Drive, APN 808-20-008, Applicant James Suner (TM 16-02) RESULT: Pass MOVER: Dion Bracco, Mayor Pro Tempore SECONDER: Rebeca Armendariz, Council Member AYES: Council Member Armendariz, Mayor Pro Tempore Bracco, Council Member Hilton, Council Member Marques, Council Member Tovar, Mayor Blankley RECUSED: Council Member Cline 7.1 p. 15 of 332 February 27, 2023 | 6:00 PM Page 5 of 10 City Council Regular Meeting Minutes 11. INTRODUCTION OF NEW BUSINESS 11.1. Renaming of the Gilroy Senior Center’s Classroom One after Theodore “Ted” Carpenetti Recreation Manager Henig provided staff presentation and responded to Council Member questions. Mayor Blankley opened Public Comment. The following speakers spoke in support of the item: Barbara Lemal Albert E. Noble Joe Carpenetti There being no further speakers, Mayor Blankley closed public Comment. MOTION: Approve the renaming the Gilroy Senior Center’s Classroom One after Theodore “Ted” Carpenetti. RESULT: Pass MOVER: Fred Tovar, Council Member SECONDER: Carol Marques, Council Member AYES: Council Member Armendariz, Mayor Pro Tempore Bracco, Council Member Cline, Council Member Hilton, Council Member Marques, Council Member Tovar, Mayor Blankley 8. BIDS AND PROPOSALS 8.1. Award a Contract to Itech Solution in the Amount of $134,140 with a project contingency of $13,414 (10%) and Approve a Project Expenditure of $147,554 for Gilroy Sports Park Playground Surface Repair, Project No. 23- PW-276 Public Works Management Analyst Michael Lewis provided staff presentation and responded to Council Member questions. Mayor Blankley opened Public Comment. There being no further speakers, Mayor Blankley closed public Comment. There being no further speakers, Mayor Blankley closed Public Comment. Motion: Award a Contract to Itech Solution in the Amount of $134,140 with a project contingency of $13,414 (10%) and Approve a Project Expenditure of $147,554 for Gilroy Sports Park Playground Surface Repair, Project No. 23-PW-276 and authorize the City Administrator to execute the contract and associated documents. RESULT: Pass MOVER: Dion Bracco, Mayor Pro Tempore SECONDER: Rebeca Armendariz, Council Member AYES: Council Member Armendariz, Mayor Pro Tempore Bracco, Council Member Cline, Council Member Hilton, Council Member Marques, Council Member Tovar, Mayor Blankley 7.1 p. 16 of 332 February 27, 2023 | 6:00 PM Page 6 of 10 City Council Regular Meeting Minutes 8.2. Approve an Amendment to the Agreement for Services with Alpine Landscapes for Community Facilities District (CFD) Landscape Maintenance Services to Include Trash and Debris Removal, the Annual Cost for the Expanded Service, Extend the Agreement for 18 Months, with a Total Cost of $500,450 for the 18 Month Extension Public Works Director Jordan provided staff presentation and responded to Council Member questions. Mayor Blankley opened Public Comment. There being no speakers, Mayor Blankley closed Public Comment. MOTION: Approve an amendment with Alpine Landscapes to increase the annual contract amount by $26,916 per year to a total amount of $333,633 and extend the term of the existing agreement by 18 months for landscape and maintenance services and authorize the City Administrator to execute the amendment and related documents. RESULT: Pass MOVER: Carol Marques, Council Member SECONDER: Fred Tovar, Council Member AYES: Council Member Armendariz, Mayor Pro Tempore Bracco, Council Member Cline, Council Member Hilton, Council Member Marques, Council Member Tovar, Mayor Blankley 8.3. Approve an Amendment to the Agreement for Services with Jensen Landscape Services, LLC for Parks and Landscape Maintenance Services to Include Trash and Debris Removal, the Annual Cost for the Expanded Service, Extend the Agreement for 18 Months, with a Total Cost of $1,541,637 for the 18 Month Extension Public Works Director Jordan provided staff presentation and responded to Council Member questions. Mayor Blankley opened Public Comment. There being no speakers, Mayor Blankley closed Public Comment. Motion: Approve an amendment with Jensen Landscape Services, LLC to increase the annual contract amount by $92,750 to a total annual amount of $1,027,758 and extend the term of the existing agreement by 18 months for landscape and maintenance services and authorize the City Administrator to execute the amendment and related documents. RESULT: Pass MOVER: Tom Cline, Council Member SECONDER: Fred Tovar, Council Member AYES: Council Member Armendariz, Mayor Pro Tempore Bracco, Council Member Cline, Council Member Hilton, Council Member Marques, Council Member Tovar, Mayor Blankley 9. PUBLIC HEARING 9.1. Proposed Tentative Map to divide 6955 Camino Arroyo into two parcels (within Gilroy Crossing commercial development), Application No. TM 22-05 7.1 p. 17 of 332 February 27, 2023 | 6:00 PM Page 7 of 10 City Council Regular Meeting Minutes Mayor Blankley asked Council Members to disclose any ex-parte communications. None were disclosed. Community Development Director Goei provided staff presentation and responded to Council Member questions. Mayor Blankley open the Public Hearing at 6:53 PM. There being no speakers, Mayor Blankley closed the Public Hearing at 6:53 PM. MOTION: Determine that the proposed Tentative Map is exempt from further environmental review and qualifies for the State CEQA Guidelines Class 15 Exemption, Minor Land Divisions because the proposed subdivision results in less than four parcels, is in conformance with the City’s General Plan and Zoning, seeks no exceptions or variances, and all services and access to the resulting parcels is available, based on its independent analysis; and adopt a resolution to approve the proposed tentative map to divide the property known as APN 841-70-045 into two separate parcels. RESULT: Pass MOVER: Dion Bracco, Mayor Pro Tempore SECONDER: Rebeca Armendariz, Council Member AYES: Council Member Armendariz, Mayor Pro Tempore Bracco, Council Member Cline, Council Member Hilton, Council Member Marques, Council Member Tovar, Mayor Blankley Enactment No.: Resolution No. 2023-09 10. UNFINISHED BUSINESS There were none. 11. INTRODUCTION OF NEW BUSINESS - CONTINUED 11.1. Renaming of the Gilroy Senior Center’s Classroom One after Theodore “Ted” Carpenetti Item was heard after the Consent Calendar. 11.2. Adopt a Resolution Declaring Additional Gilroy Gardens Property as Surplus Pursuant to Government Code Section 54221; find that the Council’s action in doing so is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3) City Administrator Forbis provided staff presentation and responded to Council Member questions. Mayor Blankley opened Public Comment. There being no speakers, Mayor Blankley closed public Comment. MOTION: Adopt a Resolution Declaring Additional Gilroy Gardens Property as Surplus Pursuant to Government Code Section 54221; find that the Council’s action in doing so is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3). RESULT: Pass MOVER: Dion Bracco, Mayor Pro Tempore SECONDER: Tom Cline, Council Member 7.1 p. 18 of 332 February 27, 2023 | 6:00 PM Page 8 of 10 City Council Regular Meeting Minutes AYES: Council Member Armendariz, Mayor Pro Tempore Bracco, Council Member Cline, Council Member Hilton, Council Member Marques, Council Member Tovar, Mayor Blankley Enactment No.: Resolution No. 2023-10 11.3. Accept the Annual Comprehensive Financial Report for Fiscal Year-Ended June 30, 2022 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. Council accepted the report. 11.4. Report on Illegal Fireworks Administrative Citations Community Development Director Goei provided staff presentation and responded to Council Member questions. Mayor Blankley opened Public Comment. There being no speakers, Mayor Blankley closed public Comment. Mayor Blankley expressed support in bringing the item back to Council in a future meeting date. She received unanimous support. 12. ADJOURN TO THE MEETING OF GILROY PUBLIC FACILITIES FINANCING AUTHORITY Mayor Blankley adjourned to the Gilroy Public Facilities Financing Authority at 7:25 PM. 13. OPENING (GILROY PUBLIC FACILITIES FINANCING AUTHORITY) 13.1. Call to Order The Gilroy Public Facilities Financing Authority Regular Meeting was called to order by Chair Blankley at 7:25 PM. 13.2. Roll Call Attendance Attendee Name Present Rebeca Armendariz, Director Dion Bracco, Vice Chair Tom Cline, Director Zach Hilton, Director Carol Marques, Director Fred Tovar, Director Marie Blankley, Chair 14. CONSENT CALENDAR (GILROY PUBLIC FACILITIES FINANCING AUTHORITY) Motion: Approve the Consent Calendar RESULT: Pass MOVER: Carol Marques, Director SECONDER: Fred Tovar, Director 7.1 p. 19 of 332 February 27, 2023 | 6:00 PM Page 9 of 10 City Council Regular Meeting Minutes AYES: Director Armendariz, Director Cline, Director Hilton, Director Marques, Director Tovar, Chair Blankley ABSENT: Vice Chair Bracco 14.1. Approval of the Action Minutes of the December 5, 2022 Gilroy Public Facilities Financing Authority Regular Meeting A motion was made to approve the minutes. 15. INTRODUCTION OF NEW BUSINESS (GILROY PUBLIC FACILITIES FINANCING AUTHORITY) 15.1. Approval of Resolutions Specifying Circumstances Under Which Regular Meetings Will Not Be Held; Designating Certain Officers and Employees as Ex Officio Positions; and Adopting a Budget for Fiscal Year 2023-24 General Counsel/Legal Advisor Faber provided staff presentation and responded to board member questions. Chair Blankley opened Public Comment. There being no speakers, Chair Blankley closed Public Comment. Motion: Approve Resolutions Specifying Circumstances Under Which Regular Meetings Will Not Be Held; Designating Certain Officers and Employees as Ex Officio Positions; and Adopting a Budget for Fiscal Year 2023-24 RESULT: Pass MOVER: Rebeca Armendariz, Director SECONDER: Carol Marques, Director AYES: Director Armendariz, Vice Chair Bracco, Director Cline, Director Hilton, Director Marques, Director Tovar, Chair Blankley Enactment No.: Resolution Nos. GPFFA 2023-01, 2023-02, and 2023-03 16. ADJOURN TO THE MEETING OF GILROY CITY COUNCIL Chair Blankley adjourned the Gilroy Public Facilities Financing Authority and returned to the Gilroy City Council Regular Meeting at 7:31 PM. 17. CITY ADMINISTRATOR'S REPORTS 17.1. Gilroy Clean Up Program Announcement City Administrator Forbis provided a brief report and responded to Council Member questions. 18. CITY ATTORNEY'S REPORTS City Attorney Faber reported on a court case involving City of Arcadia with regards to CEQA. 19. CLOSED SESSION Mayor Blankley opened Public Comment. There being no speakers, Mayor Blankley closed Public Comment. The Mayor recessed the City Council at 7:44 PM. 7.1 p. 20 of 332 February 27, 2023 | 6:00 PM Page 10 of 10 City Council Regular Meeting Minutes The Mayor reconvened the Council to Closed Session at 7:53 PM. The motion to stay in Closed Session was unanimous. 19.1. Conference with Negotiator – Collective Bargaining Unit Pursuant to Government Code Section 54957.6, Gilroy City Code Section 17A.11 (4) Collective Bargaining Unit: Gilroy Police Officers Association, Inc., Representing Gilroy Police Officers; City Negotiators: Jimmy Forbis, City Administrator; LeeAnn McPhillips, Assistant City Administrator/Administrative Services & Human Resources Director; Anticipated Issue(s) Under Negotiation: Wages, Hours, Benefits, Working Conditions; Memorandum of Understanding: MOU Between City of Gilroy & Gilroy Police Officers No reportable action. 20. ADJOURN TO OPEN SESSION Mayor Blankley reported out of Closed Session as shown above. 21. ADJOURNMENT The meeting was adjourned by Mayor Blankley at 8:01 PM. I HEREBY CERTIFY that the foregoing minutes were duly and regularly adopted at a regular meeting of the City Council of the City of Gilroy. /s/Thai Nam Pham, CMC, CPMC City Clerk 7.1 p. 21 of 332 Page 1 of 4 City of Gilroy STAFF REPORT Agenda Item Title:Time Extension Request No. 4 for Tentative Map and Architectural and Site Review Permit Approvals for Development of 202 Townhouse Units at the Southeast Corner of Santa Teresa Boulevard and First Street, APNs 808-01-21, 808-01-22 and 808-01-23; filed by Eagle Garden, LLC (TM 13-11 & AS 18-20) Meeting Date:March 6, 2023 From:Jimmy Forbis, City Administrator Department:Community Development Submitted By:Sharon Goei, Community Development Director Prepared By:Kraig Tambornini, Senior Planner STRATEGIC PLAN GOALS Promote Safe Affordable Housing for All RECOMMENDATION Adopt a resolution approving the fourth time extension of Tentative Map TM 13-11 and Architecture and Site Review AS 18-20. EXECUTIVE SUMMARY The applicant has filed a request for an extension of time to process a final map for this project, as permitted by the State Subdivision Map Act. The project was approved in April 2016 for two years and has been granted an additional three 12-month time extensions. In addition, legislative time extensions were applied to the project which further extended project approvals through November 30, 2022. Pursuant to State law, a project qualifies for an extension of time under the same conditions and circumstances under which it was originally approved. Local review is limited to the length of the time extension. No changes to conditions can be required, except to comply with a provision of state or federal law. Approval of this request would extend the permit expiration dates for both TM 13-11 and AS 18-20 through to November 30, 2023. 7.2 p. 22 of 332 Time Extension Request No. 4 for Tentative Map and Architectural and Site Review Permit Approvals for Development of 202 Townhouse Units at the Southeast Corner of Santa Teresa Boulevard and First Street, APN's 808-01-21, 808-01-22 and 808- 01-23; filed by Eagle Garden, LLC (TM 13-11 & AS 18-20) City of Gilroy Page 2 of 4 March 6, 2023 BACKGROUND City Council approved the Tentative Map and Architectural and Site Review Permit for the development, which consists of 202 townhouse units on 10.83 acres of vacant property located at the southeast corner of Santa Teresa Boulevard and First Street. The units are located within 40 three-story townhome buildings, and onsite amenities include a clubhouse, swimming pool and tot lot. Driveways provide vehicular access from both Santa Teresa Boulevard and First Street to serve the new residential community. On November 30, 2022, the applicant filed an application for final map with the Public Works Department and is working with the City to complete this submittal. However, the final map submittal process could not be completed before the expiration of the approvals. Therefore, the applicant has also filed this time extension application to allow time to complete processing of the final map. ANALYSIS Staff has analyzed the time extension request and determined approval is warranted based on the following: Municipal Code and Subdivision Map Act: The Subdivision Map Act, Government Code §66452.6(a), mandates an initial two-year life for a tentative map, which may be extended by local ordinance for an additional 12 months. Gilroy City Code Section 21.41(i), provides that the City Council, at its discretion, may extend approval of a tentative map for an additional 12 months. Moreover, Government Code §66452.6(e) provides that a local agency may extend a Tentative Map for an additional period or periods not to exceed six years. This provision preempts City regulations that limit the number of extensions to three years. Although granting an extension of the tentative map is discretionary, under Government Code §66452.6(e), the courts have held that the local agency’s discretion is limited to the length of the extension and that the local agency cannot add new conditions to the tentative map. Under Government Code §66498.1 a local agency may condition or deny a permit, approval, extension, or entitlement only if it determines any of the following: (1) A failure to do so would place the residents of the subdivision or the immediate community, or both, in a condition dangerous to their health or safety, or both. (2) The condition or denial is required in order to comply with state or federal law. There were no specific health or safety concerns identified with the original approval. There have been no material changes to the project site, conditions, or state or federal laws that would warrant denial or revised conditions. 7.2 p. 23 of 332 Time Extension Request No. 4 for Tentative Map and Architectural and Site Review Permit Approvals for Development of 202 Townhouse Units at the Southeast Corner of Santa Teresa Boulevard and First Street, APN's 808-01-21, 808-01-22 and 808- 01-23; filed by Eagle Garden, LLC (TM 13-11 & AS 18-20) City of Gilroy Page 3 of 4 March 6, 2023 This current request would extend approval through November 30, 2023. The applicant has filed an application with the Public Works Department for processing of the final map. Housing Accountability Act: In addition to the above, it is worth noting that since implementation of the Housing Accountability Act in 1982, the intent of the law is to promote housing development in response to the dire housing crisis in California. As a result, the State laws limit the ability of local government to deny any new housing development. Government Code Section 65589.5(j) states that a “proposed housing development project cannot be denied if it complies with applicable, objective general plan, zoning, and subdivision standards and criteria, including design review standards, in effect at the time that the housing development project’s application is determined to be complete.” The original project was deemed complete and approved by City Council with conditions of approval. The requested time extension considers the housing project to be complete based on the fact that the development complies with applicable, objective general plan, zoning, and subdivision standards and criteria, including design review standards. At this time, the applicant proposes no changes to the approved project and conditions of approval. ALTERNATIVES The City Council may deny the time extension. In this case, the City Council would need to make the necessary findings. Staff does not recommend this option. FISCAL IMPACT/FUNDING SOURCE No fiscal impacts are associated with this request for Council’s consideration and determination. Collection of fees (as established by the City Council) for subsequent review of the final map and improvement plans is adequate to cover the necessary resources. PUBLIC OUTREACH Extensions are legislative actions that do not require notice and hearing. The item was included on the publicly posted agenda for this meeting. NEXT STEPS Upon grant of the extension request, the applicant may proceed with the final map process. 7.2 p. 24 of 332 Time Extension Request No. 4 for Tentative Map and Architectural and Site Review Permit Approvals for Development of 202 Townhouse Units at the Southeast Corner of Santa Teresa Boulevard and First Street, APN's 808-01-21, 808-01-22 and 808- 01-23; filed by Eagle Garden, LLC (TM 13-11 & AS 18-20) City of Gilroy Page 4 of 4 March 6, 2023 Attachments: 1. Vicinity Map 2. Time Extension Request 3. City Council Approval Extension No. 3 4. Approved Tentative Parcel Map 5. Draft City Council Resolution to Approve Extension No. 4 7.2 p. 25 of 332 Note: Map is for reference purposes only. City of Gilroy 8,853 City of Gilroy, GIS Services 1,475.6 1:NAD_1983_StatePlane_California_III_FIPS_0403_Feet 737.78 Feet1,475.60 Vicinity Map - TM 13-11 Time Extension 7.2 p. 26 of 332 MH engineering Co. 16075 Vineyard Blvd. Morgan Hill, CA 95037 (408) 779-7381 L:\Projects\Bill\217055 Liaw Eagle Garden 152-1st-Santa Teresa\For Submittal\TM Extension (22-11-23)\November 2022 Time Extension.docx Page 1 of 1 11/28/2022 November 28, 2022 Job No.: 217055 Kraig Tambornini Senior Planner Community Development Department Planning Division 7351 Rosanna Street Gilroy, California 95020 Re: Eagle Garden Development (TM 13-11 & AS 13-35) Request for Time Extension Dear Kraig: Please accept this letter on behalf of the owner/applicant, Bethany Liou, President of Eagle Garden, LLC, requesting for extension of time for Tentative Map TM 13-11 and Architectural Site Review AS 13-35 known as Eagle Garden Development. Eagle Gardens has received approval for improvement plans and final map; however, there are outstanding issues regarding off-site improvements that need to be resolved. We respectfully request additional time for the Tentative Map TM 13-11 and Architectural Site Review AS 13-35 for the Eagle Garden. The approval of this request will enable us to review with Public Works staff and allow the owner to seek further consultation. Please call me should you have any questions, regarding this matter. Sincerely, Arman Nazemi, PE, LS Project Engineer 7.2 p. 27 of 332 RESOLUTION NO. 2020-27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING A THIRD AND FINAL TIME EXTENSION FOR TENTATIVE MAP TM 13-11 AND ARCHITECTURE AND SITE REVIEW AS 18-2, CREATING A 202-UNIT CONDOMINIUM TOWNHOUSE DEVELOPMENT ON PROPERTY LOCATED AT THE SOUTHEAST CORNER OF SANTA TERESA BOULEVARD AND FIRST STREET, APN's 808-01-21, 808-01-22 AND 808-01-23, FILED BY EAGLE GARDENLLC WHEREAS , on April 4, 2016, the City Council of the City of Gilroy approved TM 13-11 and AS 13-35 creating a 202-unit condominium townhouse development at the southeast comer of Santa Teresa Boulevard and First Street (APNs 808-01-21, 808-01-22 & 808-01-23); and WHEREAS , on June 18 , 2018, the City Council of the City of Gilroy approved a 12- month time extension for TM 13-11 and AS 13-35, pursuant to the provisions in Gilroy City Code Chapter 21 , Subdivisions and Land Development; and WHEREAS, on October 29 , 2018, the Community Development Director of the City of Gilroy approved AS 18-20 allowing minor revisions of a previously approved Architecture and Site Pe1mit (AS 13-35) pursuant to Tentative Map approval TM 13-11; and WHEREAS , on June 3, 2019, the City Council of the City of Gilroy approved a second 12-month time extension for TM 13-11 and AS 18-20, pursuant to the provisions in Gilroy City Code Chapter 21 , Subdivisions and Land Development; and WHEREAS, The Eagle Garden LLC submitted a third and final Time Extension request for the Tentative Map TM 13-11 and Architecture and Site Review AS 18-20 creating a 202-unit condominium townhouse development; and WHEREAS, the subject prope1ty is located at the southeast corner of Santa Teresa Blvd. and First St. and consists of approximately 10 acres ; and WHEREAS , in accordance with the California Environmental Quality Act, the City Council adopted the Mitigated Negative Declaration (MND) that was prepared for the project in 2016. It was detennined , with implementation of the identified mitigation measures , there would be no significant adverse impacts resulting from the development, and that the proposed time extension would not impose any fmther significant adverse effects; and WHEREAS, the City Council held a duly noticed public meeting on May 4, 2020 , and considered the public testimony, the staff repmt and all other documentation related to the requested time extension; and RESOLUTION 2020-27 7.2 p. 28 of 332 I i I WHEREAS , the location and custodian of the documents or other materials that constitute the record of proceedings upon which TM 13-11 and AS 18-20 time extension request is based is the office of the City Clerk. NOW, THEREFORE, BE IT RESOLVED THAT, The City Council of the City of Gilroy hereby approves the third and final 12-month time extension for TM 13-11 and AS 18-20 to April 4, 2021 , subject to the attached conditions of approval set forth in Exhibit "A " attached hereto. PASSED AND ADOPTED this 4th day of May 2020, by the following roll call vote : AYES: NOES: ABSENT: ATTE;S 1T: . I COUNCILMEMBERS : BLANKLEY, BRACCO , LEROE- MUNOZ , MARQUES, TOY AR, TUCKER and VELASCO COUNCILMEMBERS : COUNCILMEMBERS : NONE NONE APPROVED: Roland Velasco , Mayor s ~~-bA-1~~"--!f-AA--++-+-++-- RESOLUTION 2020-27 7.2 p. 29 of 332 Exhibit A City Council Resolution 2020-xx TM 13-11 Conditions of Approval Note : The following abbreviations identify the City department or division responsible for determining compliance with these standard 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. Internal information shown in italics at the end of each condition provides internal reference for the condition: Some are standard permit conditions (e .g . G-1) while some are taken from environmental documents (e.g. MND-S2). RESPONSIBLE DEPARTMENTS/DIVISIONS BL Building Division/Inspectors PK Parks/Landscape Design CA City Attorney PL Planning Division CE Code Enforcement PW Public Works/Engineering FD Fire Department TR Traffic Division PD Police Department WW Wastewater/Source Control GENERAL PROJECT CONDITIONS 1. This permit is granted for the property described in the application on file with the Planning Division, and may not be transferred from one property to another, unless a request is requested and granted by the Planning Manager, pursuant to the City Code. (PL , G-1) 2. This permit is granted for approved plans ("the plans") on file with the Planning Division . The project shall conform to the plans, except as otherwise specified in these conditions. Any subsequent modification or deviation to the approved plans shall be considered by the Planning Manager, may require separate discretionary approval and shall conform to City Code requirements or policies adopted by City Council. (PL, G-2) 3. Developer means permit applicant , property owner, and/or tenants using the space(s) for the intended use(s). Compliance with project conditions is expected for the life of the project. (CA, G-3) 4. An approved tentative map shall expire twenty-four (24) months from the original approval date. (PL, G-6) 5. 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. (PL , G-7) 7.2 p. 30 of 332 6. Failure to appeal this decision in a timely manner or commencement of any activity related to the project is understood to clarify the Developer's acceptance of all conditions and obligations imposed by this permit and waiving any challenge to the validity of the conditions and obligations stated therein . (CA, G-8) 7. Developer shall complete all required off-site and on-site improvements related to the project, including structures, paving, and landscaping , prior to occupancy unless otherwise allowed by the Community Development Director. (BL, G-9) 8. Developer agrees , as a condition of adoption of this resolution , at Developer's own expense, to defend, indemnify , and hold harmless the City of Gilroy and its officers, contractors, consultants , attorneys , employees and agents from any and all claim(s), action(s) or proceeding(s) brought against City or it's 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. (CA, G-10) 9. Any covenants, cond itions, 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. (CA, G-11) 10. Developer shall complete the "Notice of Land Use Restrict ions and Conditions " form, using the form provided by the City , for recording with the Santa Clara County Recorder . Before the City issues building permits , Developer shall submit the original completed, signed and notarized document, together with the required fees to the Planning Manager. (PL, G-12) 11 . 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 pursuant to the City Code. (CA , G-13) 12. Prior to issuance of building permits , Developer shall correct all violations of the City Code existing on the project property for which the City has open cases. (PL/CE, G-14) 13 . Approval of this Vesting Tentative Map application is subject to approval of Zoning/Planned Unit Development application Z 13-08 and Architectural and Site Review Permit AS 13-35. Should either of those applications not be approved or be rescinded , this approval shall become null and void . 7.2 p. 31 of 332 14. Building and grading permits for the project shall not be issued prior to recordation of the final map. PLANNING DIVISION STANDARD CONDITIONS 15. Developer acknowledges that because of water limitations placed on the city by its water prov iders, approval of this permit does not guarantee that the city will issue building permits. Issuance of building permits may be delayed and subject to implementation and/or compliance w ith mandated water conservation or allocation plans. (PL/PW , PL-1) 16. Developer shall submit plans for building permit applications that include , on all sets, a reproduction of all conditions of approval of this permit, as adopted by the decision-maker. (PL, PL-3) 17. Developer may not modify any use approved by this permit unless the Community Development Director or designee determines that Developer has provided the parking required by the City Code for the modified use. PL, PL-6) 18. All project on-site 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. (PL , PL-7) PLANNING DIVISION SPECIAL CONDITIONS 20. Prior to approval of the final map, the subdivision shall be modified to address the following items to the approval of the Planning Division: a. Elimination of the 10-foot PSE in the southeast portion of the site b. Retention and realignment of the emergency vehicle access from the adjacent property to the south to First St. c. An easement to provide access from the subject property and the adjacent property to the south to the shopping center to the east , subject to Shopping Center approval. In the event Shopping Center does not agree to said easement, this condition shall not be enforced . d. Decorative pavement at project entrances and walkways and crosswalks, to the approval of the Public Works and Community Development Directors . e. Elimination of two speed tables and revision to the location of guest parking as shown on Site Plan Alternate, dated 9/11 /15. f. Modification of the private street behind unit 119 to provide adequate room for backing out of that garage. g. Minor modification of the project layout near the intersection of Santa 7.2 p. 32 of 332 Teresa Blvd. and First St., not resulting in loss of units, in order to maintain adequate front yard setbacks from the roundabout proposed for this intersection. 21. No on-site fill material may be retained by the existing pre-cast concrete property boundary walls. 22. Prior to approval of the final map, a phasing plan for construction of the project shall be submitted to and approved by the Community Development and Public Works Directors. The phasing plan shall include the timing of installation of common area improvements, including private streets, landscaping, recreational facilities and blocks of townhouse units . 23. Prior to approval of the final map, a copy of the CC&Rs and By-Laws for the homeowners association shall be submitted to and approved by the Planning Division. The Homeowners Association shall be responsible for enforcing all requirements of the CC&Rs and By-Laws, with special attention to the following. These documents shall include at a minimum the following provisions that may only be modified or deleted upon City approval : a. At all times, unit garages shall maintain a minimum 20' x 20' clear space be used for parking of vehicles only. Resident vehicles shall be parked in the unit garages and not in guest parking spaces or on public streets. b. For the life of the development, the Homeowner Association shall contract for the placement of garbage and recycling taters on the resident driveway aprons of each unit within two hours after rubbish pick-up and within two hours after recycling pick-up. c. For the life of the development, no parking shall be allowed on the private streets within the subdivision except as shown and conditioned on the approved plans. 24 . Prior to issuance of a grading permit, the applicant shall obtain a Santa Clara Valley Habitat Plan permit from the City of Gilroy. The permit will require implementation of all applicable project conditions and payment of appropriate land cover fees. The applicant shall be responsible for the implementation of this mitigation measure, subject to monitoring by the City of Gilroy. 25. Due to the possibility that significant buried cultural resources might be found during construction, the applicant shall include the following language on any grading, site work, and construction plans issued for the project site, subject to the review and approval of the Gilroy Planning Division (pursuant to Gilroy General Plan Policy 5.07): If archaeological resources are discovered during construction, work shall be halted within 50 meters (165 feet) of the find until a qualified professional 7.2 p. 33 of 332 archaeologist can evaluate it. If the find is determined to be significant, appropriate mitigation measures shall be formulated and implemented. 26. In the event of an accidental discovery or recognition of any human remains in any location other than a dedicated cemetery, the applicant shall include the following language is included in all grading, site work , and construction plans in accordance with CEQA Guidelines section 15064.5(e), subject to the review and approval of the City of Gilroy Planning Division: If human remains are found during construction 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 Nat ive 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 recommendat ion; or c) the landowne r 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. 27 . Compliance with all conditions of approval of Zoning/Planned Unit Development 13-08 and Architectural and Site Review Permit AS 13-35 shall also be a condition of this approval. Environmental Mitigation Measures 28. The following Best Management Practices (BMPs) (as set forth in Table 8-1, BAAQMD Basic Construction Mitigation Measures, outlined in the BAAQMD CEQA Air Quality Guidelines), shall be included in the Project's construction- contract specifications. The control measures shall be included on all grading , site work , and construction plans and implemented during the duration of all proposed construction activities: 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. 7.2 p. 34 of 332 b. All haul trucks transporting so il, sand, or other loose material off-site shall be covered. c. All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweep ing is prohibited. d. All vehicle speeds on unpaved roads shall be limited to 15 mph. e. All roadways , driveways , and sidewalks to be paved shall be completed as soon as possible. f. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to five m inutes (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 mechanic and determined to be running in proper condition prior to operation. h. Post a publicly visible sign with the telephone number and person to contact at the City regarding dust complaints. This person shall respond and take corrective action w ithin 48 hours . The BAAQMD's phone number shall also be visible to ensure compliance with applicable regulations. (MND AQ -1) 29. Prior to issuance of building permits , the Project shall implement the following design recommendations: a . Establish and plot onto all plans the vertical and horizontal locations of all trees identified for preservation, and forward the plans to the Consulting Arborist for review and comment. b. Any changes to the plans affecting the trees shall be reviewed by the Consulting Arborist with regard to tree impacts. These include, but are not limited to, demolition plans , improvement plans, utility and drainage plans, grading plans , and landscape and irrigation plans. c. A Tree Protection Zone (TPZ) shall be established around each tree to be preserved. TPZs for trees identified for preservation are identified in the following table. No trenching, excavation , construction or storage of materials shall occur within that zone. No underground services including utilities, sub-drains, water or sewer shall be placed in the TPZ . Spoil from trench, footing, utility, or other excavation shall not be placed within the TPZ, either temporarily or permanently. 29 . Tree No. 30.TPZ 31.#21 and 25-32. 5'W. DL in all other directions 31 33.#81-84 34. 5' N. DL in all other directions 35 . #22 and 23 36. 1O' W. DL in all other directions 37. Note: DL = Dripline 7.2 p. 35 of 332 d. The Tree Preservation Guidelines, prepared by the Consulting Arborist, shall be included on all plans. e. Underground services including utilities, sub-drains, water or sewer shall be routed around the Tree Protection Zone. Where encroachment cannot be avoided, special construction techniques such as hand digging or tunneling under roots shall be employed to minimize root injury. f. Locate all temporary access roads to remain outside TPZs. g. Any herbicides placed under paving materials must be safe for use around trees and labeled for that use. h. Irrigation systems must be designed so that no trenching shall occur within the TPZs. (MND BIO-1) 30 . The Project shall implement the following pre-construction treatments and recommendations: a. The construction superintendent shall meet with the Consulting Arborist before beginning work to discuss work procedures and tree protection. b. Fence all trees to be retained to completely enclose the TPZ prior to demolition, grubbing or grading. Fences shall be 6' high chain link, mounted to steel posts firmly driven into the ground or on stanchions fastened securely with rebar staples 12" deep, as required by the City . Fences are to remain until all grading and construction is completed. c. Trees recommended for preservation may require clearance pruning for construction. All pruning shall be completed by a Certified Arborist or Tree Worker and adhere to the latest edition of the ANSI Z133 and A300 standards as well as the Best Management Practices-Tree Pruning, published by the International Society of Arboriculture. d. Structures and underground features to be removed within the TPZ shall use the smallest equipment, and operate from outside the TPZ. The consultant shall be onsite during all operations within the TPZ to monitor demolition activity. e. A 4-6" wood chip mulch shall be applied and maintained within the TPZ. (MND BIO-2) 31. The Project shall implement the following recommendations for tree protection during construction: a. Prior to beginning work, all contractors working in the vicinity of trees to be preserved are required to meet with the Consulting Arborist at the site to review all work procedures, access routes, storage areas and tree protection measures. b. No grading, construction, demolition or other work shall occur within the TPZs. Any modifications must be approved and monitored by the Consulting Arborist. 7.2 p. 36 of 332 c. Any excavation within the dripline or other work that is expected to encounter tree roots shall be approved and monitored by the Consulting Arborist. Roots shall be cut by manually digging and trench and cutting exposed roots with a sharp saw. The Consulting Arborist shall identify where root pruning is required. d. If injury should occur to any tree during construction, it shall be evaluated as soon as possible by the Consulting Arborist so that appropriate treatments can be applied. e. Any roots damaged during grading or construction shall be exposed to sound tissue and cut cleanly with a saw. f. Fences have been erected to protect trees to be preserved; these fences define a specific TPZ for each tree or group of trees. Fences shall remain until all site work has been completed. Fences shall not be relocated or removed without permission of the Consultant. g. Construction trailers, traffic and storage areas shall remain outside fenced areas at all times. h. Prior to grading, pad preparation, excavation for foundations/footings/walls, trenching, trees may require root pruning outside the TPZ by cutting all roots cleanly to the depth of the excavation. Roots shall be cut by manually digging a trench and cutting exposed roots with a saw, with a vibrating knife, rock saw, narrow trencher with sharp blades, or other approved root pruning equipment. The Consulting Arborist shall identify where root pruning is required. i. No excess soil, chemicals, debris, equipment or other materials shall be dumped or stored within the TPZs. j. Any additional tree pruning needed for clearance during construction shall be performed by a Certified Arborist and not by PG&E or construction personnel. (MND B10-3) 32 . For the life of the development, the Project shall implement the following measure for tree maintenance: a. Tree health and structural stability shall be monitored, since preserved trees may experience a physical environment different from that of pre- development. Occasional pruning, fertilization, mulch, pest management, replanting and irrigation may be required. (MND B10-4) 33. Significant Trees -Replacement and Planting Measures. Prior to Grading Permit issuance, the Applicant shall contract with a certified arborist to determine the value of the significant trees to be removed. The value of the significant trees to be removed shall be used to enhance tree planting on the site, to the approval of the Community Development Director or designee. MND B10-5) 34. Prior to excavation, any soil that is excavated and/or hauled away for disposal shall be characterized by a qualified environmental professional for the possible presence of agricultural chemicals, according to state and federal 7.2 p. 37 of 332 regulations, in order to profile the soil for disposal. (MND HAZ-1) 35. Prior to issuance of a Demolition Permit for any structures within the Project area (or prior to issuance of a Grading Permit for vacant properties), the property and any ons ite structure(s) shall be evaluated for occurrence of asbestos-containing materials , lead-based paints , and/or other hazardous materials. The City of Gilroy Hazardous Materials Program would perform oversight of cleanup and investigation of hazardous materials and hazardous waste contamination. (MND HAZ-2) 36 . Prior to the issuance of the Grading Permit , the Applicant shall prepare a detailed Hydrology Study, approved by the City Engineer, demonstrating that all runoff would be treated and contained onsite. The Study shall demonstrate that all storm drain facilities are designed for the 25-year storm event protection. (MND HYD-1) 37 . Prior to Grading Permit issuance , the Applicant shall demonstrate, to the satisfaction of the City of Gilroy Community Development Director or designee that the Project complies with the following : a. Construction contracts specify that all construction equipment , fixed or mobile, shall be equipped with properly operating and maintained mufflers and other state required noise attenuation devices . b. Construction haul routes shall be designed to avoid noise sensitive uses (e.g., residences , convalescent homes, etc.), to the extent feasible. c. During construction, stationary construction equipment shall be placed such that emitted noise is d irected away from sensitive noise receivers . d . Construction activities shall not take place outside of the allowable hours specified by Gilroy City Code Section 16.38 , Hours of Construction (between 7:00 AM and 7:00 PM on weekdays, and between 9:00 AM and 7:00 PM on Saturdays). Construction activities are not permitted on Sundays or City holidays. (MND N-1) 38 . After the plot plans and architectural drawings have been developed, and prior to the issuance of Building Permits, the City of Gilroy Building Official shall confirm that the applicable project plans and specifications include sound -rated windows for Project residential areas immediately adjacent to First Street (SR- 152) and Santa Teresa Boulevard (i.e ., along the roadway or with a direct line of sight). All exterior windows for residences adjacent to First Street (SR-152) and Santa Teresa Boulevard shall be constructed with upgraded windows to provide an airborne sound insulation system achieving a minimum Sound Transmission Class (STC) of 33 . The final site design shall also implement centralized heating/ ventilation/air-conditioning (HVAC) units on all these dwelling units to ensure noise levels would be below 45 dBA CNEL with windows and doors closed . The Applicant, as an alternative , may retain a qualified acoustical 7.2 p. 38 of 332 consultant whom shall submit a report for an alternative means of sound insulation satisfactory to the City of Gilroy which achieves a maximum interior noise level of 45 dBA CNEL. (MND N-2) 39. Intersection 1 (Santa Teresa Boulevard/ Fitzgerald Avenue) -The significant project impact to this intersection shall be mitigated with the addition of a separate northbound right-turn land on Santa Teresa Blvd. to eastbound Fitzgerald Ave. Adding a separate northbound right-turn lane would improve the intersection level of service conditions to better than background conditions (LOC C and E during the AM and PM peak hours, respectively.) This improvement has been identified in the City's Traffic Circulation Master Plan (TCMP) and Traffic Impact Fee (TIF) Program. Thus, a Reimbursement Agreement would be developed between the City and the developer to complete the improvement such that the developer would be reimbursed for the cost of the improvement, less the project's fair-share contribution. Since this is a County facility and a County encroachment permit will be required, it is prudent to have the developer provide a fair-share contribution, in lieu of construction. Details as to fair-share amount, schedule for payment of fair-share contribution, or construction, shall be established in a subsequent agreement. It is estimated that the fair share contribution will be based on 5% of cumulative project trips passing through this intersection. The estimated cost of the improvement is $2,062,181 in 2015 TIF dollars. The developer's fair-share cost is estimated at $103,109. The Developer shall pay the 5% improvement fair-share contribution in an amount reflective of the current project cost. This value shall be calculated using the 2015 improvement cost plus an escalated amount based on the Engineering News Record Construction Cost Index. Payment of this 5% fair- share cost shall be made by the developer prior to the issuance of the first building permit. 40. Intersection 3 (Santa Teresa Boulevard/ Day Road East) -The cumulative project impact to this intersection shall be mitigated with the addition of a second northbound through lane on Santa Teresa Blvd. Adding a second northbound through lane would improve the intersection level of service conditions to better than cumulative (no project) conditions (LOS D during the AM peak hour.) This improvement has been identified in the City's Traffic Circulation Master Plan (TCMP) and Traffic Impact Fee (TIF) Program. Thus, a Reimbursement Agreement would be developed between the City and the developer to complete the improvement such that the developer would be reimbursed for the cost of the improvement, less the project's fair-share contribution. This condition was also assigned to another developer (Silveira -Tract 10230). 7.2 p. 39 of 332 This condition has been fully met by the Tract 10230 developer and is no longer in need of subsequent mitigations by the lmwalle Townhomes project. 41. Intersection 4 (Santa Teresa Boulevard/ Sunrise Drive)-The significant project impact to this intersection shall be mitigated with the addition of a second northbound through lane on Santa Teresa Blvd. Adding a second northbound through lane would improve the intersection level of service conditions to better than background conditions (LOS B during the AM peak hour.) This improvement has been identified in the City's Traffic Circulation Master Plan (TCMP) and Traffic Impact Fee (TIF) Program. Thus, a Reimbursement Agreement would be developed between the City and the developer to complete the improvement such that the developer would be reimbursed for the cost of the improvement, less the project's fair-share contribution. Timing for completion of this improvement is revised as follows: Construction shall commence prior to issuance of the 100th building permit and construction shall be complete prior to issuance of the 150th building permit, and to the satisfaction of the City Traffic Engineer. 42. Intersection 10 (Kelton Drive-Project Access/ First Street) -This intersection is within Caltrans jurisdiction, the Project Applicant shall: 1) Construct the fourth leg of the existing First/Kelton intersection on the south side of the intersection to align with Kelton Street on the north side of First Street to form a four-leg intersection. 2) Coordinate construction of signal improvements at this intersection in conjunction with development of the First and Kelton Commercial Project (AS 17-25). 3) Provide adequate dedication of any Public Service Easement necessary for placement of signal equipment for the signalized intersection improvements. 4) Obtain any necessary permit from Caltrans for work along the project's First Street frontage. Should the First and Kelton Commercial Project (AS 17-25) proceed with the intersection signal improvements in advance of any site construction work on this project site, the developer shall provide the necessary site accommodation for the signal equipment to be installed. 43. Intersection 13 (Wren Avenue/ Welburn Avenue) -The construction of signal improvements at this intersection are underway. Mitigation of this intersection traffic impacts are no longer necessary for this project. 44. Intersection 17 (Monterey Street/ Fitzgerald Avenue-Masten Avenue)-The significant project impact to this intersection shall be mitigated by providing protected left-turns on the east and west approaches of the intersection. Additionally, by changing the east-west signal phase from split to protected, Fitzgerald Ave. would need to be widened to provide an exclusive eastbound 7.2 p. 40 of 332 left-turn lane. Implementation of the proposed improvements would improve the intersection level of service conditions to better than background conditions (LOS C and D during the AM and PM peak hours, respectively.) This improvement has been identified in the City's Traffic Circulation Master Plan (TCMP) and Traffic Impact Fee (TIF) Program. Thus, a Reimbursement Agreement would be developed between the City and the developer to complete the improvement such that the developer would be reimbursed for the cost of the improvement, less the project's fair-share contribution. Since this is a County facility and a County encroachment permit will be required , it is prudent to have the developer provide a fair-share contribution, in lieu of construction . Details as to fair-share amount, schedule for payment of fair-share contribution , or construction , shall be established in a subsequent agreement. It is estimated that the fair share contribution will be based on 5% of cumulative project trips passing through this intersection . The estimated cost of the improvement is $1 ,776 ,143 in 2015 TIF dollars. The developer's fair-share cost is estimated at $88 ,807. The Developer shall pay the 5% improvement fair-share contribution in an amount reflective of the current project cost. This value shall be calculated using the 2015 improvement cost plus an escalated amount based on the Engineering News Record Const ruction Cost Index. Payment of this 5% fair- share cost shall be made by the developer prior to the issuance of the first building permit. 45. Intersection 22 (US-101 SB Ramps/ Masten Avenue) -The significant project impact to this intersection shall be mitigated by installing a traffic signal. The intersection level of service would be LOS B during both peak hours with signalization . This improvement has been identified in the City's Traffic Circulation Master Plan (TCMP) and Traffic Impact Fee (TIF) Program. Thus , a Reimbursement Agreement would be developed between the City and the developer to complete the improvement such that the developer would be reimbursed for the cost of the improvement , less the project's fair-share contribution. Since this is a County facility and a County encroachment permit will be required, it is prudent to have the developer provide a fair-sha re contribution, in lieu of construction. Details as to fair-share amount, schedule for payment of fair-share contribution , or construction , shall be established in a subsequent agreement. It is estimated that the fair share contribution will be based on 2 .5% of cumulat ive project trips passing through this intersection . The estimated cost of the improvement is $765 ,618 in 2015 TIF dollars. The developer's fair-share cost is estimated at $19 ,140. 7.2 p. 41 of 332 The Develolper shall pay the 5% improvement fair-share contribution in an amount reflective of the current project cost. This value shall be calculated using the 2015 improvement cost plus an escalated amount based on the Engineering News Record Construction Cost Index. Payment of this 5% fair- share cost shall be made by the developer prior to the issuance of the first building permit. 46. Intersection 23 (US 101 Northbound Ramps/ Masten Ave.) -The significant project impact to this intersection shall be mitigated by installing a traffic signal. The intersection level of service would be LOS C and B during the AM and PM peak hours, respectively, with signalization. This improvement has been identified in the City's Traffic Circulation Master Plan (TCMP) and Traffic Impact Fee (TIF) Program. Thus, a Reimbursement Agreement would be developed between the City and the developer to complete the improvement such that the developer would be reimbursed for the cost of the improvement, less the project's fair-share contribution. Since this is a County facility and a County encroachment permit will be required, it is prudent to have the developer provide a fair-share contribution, in lieu of construction. Details as to fair-share amount, schedule for payment of fair-share contribution, or construction , shall be established in a subsequent agreement. It is estimated that the fair share contribution will be based on 2.5% of cumulative project trips passing through this intersection. The estimated cost of the improvement is $788,118 in 2015 TIF dollars. The developer's fair-share cost is estimated at $19,703. The Developer shall pay the 5% improvement fair-share contribution in an amount reflective of the current project cost. This value shall be calculated using the 2015 improvement cost plus an escalated amount based on the Engineering News Record Construction Cost Index. Payment of this 5% fair- share cost shall be made by the developer prior to the issuance of the first building permit. PUBLIC WORKS/ENGINEERING DIVISION STANDARD CONDITIONS 47. GENERAL a. Developer shall perform all work in compliance with the City of Gilroy Specifications, Standards Design Criteria, and Development Agreement and is subject to all laws of the City of Gilroy by reference. Street improvements and the design of all off-site storm drainage facilities , sewer and water lines, and all street sections shall be in accordance with City Standards and shall follow the most current City Master Plan for streets, as approved by the City of Gilroy's Public Works Director/City Engineer. b. Until such time as the Improvements are accepted by City, Developer 7.2 p. 42 of 332 shall be responsible for and bear the risk of loss to any of the Improvements constructed or installed . c. The applicant shall obtain all necessary permits from federal, state, and local agencies as required to construct the proposed improvements including , but not limited to , the Santa Clara County Roads & Airports Department, Caltrans and Regional Water Quality Control Board. d. All existing utility poles shall be removed, and all utilities placed underground. No new poles are allowed . 48. GENERAL -Applicant shall obtain will serve and review letter from Recology confirming serviceability and site accessibility of solid waste pickup . Contract Steven Lucchetti, Operations Manager 408-842-3358. 49. FEES a . The project is subject to the City 's Street Tree , Storm, Sewer, Water, Traffic, and Public Facilities Development Impact Fees . Payment of Street Tree and Storm Development Impact Fees is required at first building permit issuance. Sewer, Water, Traffic, and Public Facilities Development Impact Fees are due prior to building occupancy. Note that there will be a fee increase beginning 7/1/2018 . b . At improvement plan submittal, Developer shall submit an estimate of the probable cost of improvements and shall pay 40% of the plan check and inspection fees. c. Prior to final map/improvement plan approval , Developer shall submit a final construction cost estimate and pay the remaining 60% of the revised plan check and inspection fees based on the final revised construction cost estimate and other related fees that the property is subject to , enter into a property improvement agreement , and provide payment and performance bonds. d. The fees shall be based on the current comprehensive fee schedule in effect at the time of fee payment , consistent with city policy . e. The sum of all fair-share contributions in lieu of construction of the improvements shall be recalculated to reflect current construction costs as identified in each traffic mitigation improvement condition as indicated . Details as to fair-share amount, schedule for payment of fair- share contribution , or construction , shall be established in a subsequent agreement , to be worked out between City and developer, prior to issuance of the first building permit. f. The project's estimated Traffic Impact Fee for 202 units is $9,099per unit high density residential) for a total of $1,837,998.00 based on the currently effective fee schedule dated July 1, 2015 . Based on the fee schedule that will be effective on July 1, 2018, the estimated Traffic Impact Fee is $9 ,372per unit (high density residential) for a total of 1 ,893,144.00 . The Traffic Impact Fee will be due prior to building occupancy. Note that there will be another 3% traffic impact fee increase beginning July 1, 2019. The Traffic Impact fee and other development 7.2 p. 43 of 332 impact fees due for this project shall be based on the current comprehensive fee schedule in effect at the time of fee payment, consistent with city policy . 50. TRANSPORTATION a. Developer shall submit photometric plans prior to first building permit issuance. b. Developer shall install all joint trench to have (4) dedicated 1112 " SCH 80 PVC conduit for City Fiber Optic need in a quad duct arrangement along Santa Teresa and First Street frontage . Quad duct shall be per City STD EL -11. c . Developer shall install all street light conduits as 2" SCH40 PVC per City Standard EL-1 and related pull boxes shall follow City Standard EL-14. d. Final streetlight locations shall be to the satisfaction of the City Transportation Engineer and shall follow City standards . e. Developer shall design driveway grades to keep the automobile from dragging or "bottoming out" on the street or driveway and to keep water collected in the street from the flowing onto the lots . The details of such design shall be provided at improvement plan phase and shall be to the satisfaction of the City Transportation Engineer. f. Any work in the public right-of-way shall require a traffic control plan prepared by a licensed , profess ional engineer with experience in preparing such plans. Traffic Control Plan shall be prepared in accordance with the requirements of the latest edition of the California Manual on Un iform Traffic Control Devices. The Traffic Control Plan shall be included in the Improvement Plans and shall be approved prior to grading permit issuance. g . Prior to the issuance of 100th building permit, provide for VT A-approved bus stop along the First Street frontage of the project to support the extension of the Line 19 bus route. Contact Rod Ballesteros , Operations Manager at VTA (408) 321-2300 for design requirements . h. At improvement plan phase , Developer shall provide street lighting per current Public Works standard LED type 15 arrangement. i. Prior to the issuance of the first building permit , Developer shall provide an on-site/off-site striping plan for review and approval by the Engineering Division. 51 . GRADING/DRAINAGE a . All grading activity shall address National Pollutant Discharge Elimination System (NPDES) concerns. If all or part of the construction occurs during the rainy season , the developer shall submit an Erosion Control Plan to the Public Works Director for review and approval. This plan shall incorporate erosion control devices and other techniques in 7.2 p. 44 of 332 accordance with Municipal Code§ 27C to minimize erosion. Specific measures to control sediment runoff, construction pollution and other potential construction contamination sediment runoff, construction pollution and other potential construction contamination shall be addressed through the Erosion Control Plan and Storm Water Pollution Prevention Plan (SWPPP). The SWPPP shall supplement the Erosion Control Plan and project improvement plans. These documents shall also be kept on-site while the project is under construction. A Notice of Intent (NOi) shall be filed with the State Water Resources Control Board, with a copy provided to the Engineering Division before a grading permit will be issued. WDID# shall be provided prior to Improvement Plan/Final Map approval. b. All grading operations and soil compaction activities shall be per the approved project's geotechnical report that was prepared for the design of the project and shall be subject to the approval of the Public Works Director. Site preparation and cut/fill construction shall be conducted under the observation of, and tested by, a licensed soils or geotechnical engineer. A report shall be filed with the City of Gilroy for each phase of construction, stating that all site preparation and cut/fill construction were performed in conformance with the requirements of the project's geotechnical report. This shall be subject to review and approval by the Engineering Division. The developer shall add this condition to the general notes on the grading plan. c . Prior to issuance of the first building permit, the applicant's soils engineer shall review the final grading and drainage plans to ensure that designs for foundations, retaining walls, site grading, and site drainage are in accordance with their recommendations and the peer review comments. The applicant's soils engineer's approval shall then be conveyed to the City either by letter or by signing the plans. 52. TRANSPORTATION All streets and alleys shall be private and maintained by the HOA. 53. TRANSPORTATION -At first plan submittal developer shall model all Solid Waste Vehicle circulation movements, as a separate plan sheet. The circulation plan shall be prepared to the City Engineer's satisfaction, and modeled with AutoTurn swepth analysis software, all turning and street circulation movements. 54. TRANSPORTATION At first plan submittal developer shall model all Emergency Vehicle circulation movements, as a separate plan sheet. The circulation plan shall be prepared to the City Engineer's satisfaction, and modeled with AutoTurn swepth analysis software , all turning and street circulation movements. 55. WATER CONSERVATION: The project shall fully comply with the measures required by the City's Water Supply Shortage Regulations Ordinance (Gilroy 7.2 p. 45 of 332 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. a. All construction water from fire hydrants shall be metered and billed at the current hydrant meter rate . b. Recycled water shall be used for construction water, where available , as determined by the Public Works Director. Recycled water shall be billed at the municipal industrial rate based on the current Santa Clara Valley Water District's municipal industrial rate . c. Where recycled wate r is not available , as determined by the Public Works Director, potable water shall be used. All City potable water will be billed based on the City's comprehensive fee schedule under the Portable Fire hydrant meter rate. 56. WATER: The Developer shall perform field verification testing of the water system and will modify any part of the systems that does not perform to the standards established by the City . 57. UT ILI T IES a . Sanitary sewer laterals and/or water meters located in driveways shall have traffic rated boxes and lids. b. All mainline storm drain piping shall have a minimum diameter of 18 inches and the lateral connections shall have a minimum diameter of 15 inches . c. The Developer/Contractor shall make accessible any or all City utilities as directed by the Public Works Director. d. Storm and sewer lines in private areas shall be privately maintained unless approved by the Public Works Director. e. Improvement plans are required for all on-site and off-site improvements. The following items wil l need to be completed prior to first building permit submittal : i. The Developer shall provide joint trench composite plans for the underground electrical, gas, telephone, cable television , and communication conduits and cables including the size, location and details of all trenches , locations of building utility service stubs and meters and placements or arrangements of junction structures as a part of the Improvement Plan submittals for the project. Show preferred and alternative locations for all utility vaults and boxes if project has not obtained PG&E approval. A licensed Civil or Electrical Engineer shall sign the composite drawings and/or utility improvement plans. (All dry utilities shall be placed underground). ii. The Developer shall negotiate right-of-way with Pacific Gas and Electric and other utilities subject to the review and approval by 7.2 p. 46 of 332 the Engineering Division and the utility companies. iii. "Will Serve Letter" from each utility company for the subdivision shall be supplied to the City. f. Joint trench composite plans shall be approved prior to final map/improvement plan approval or as otherwise determined by the Public Works Director/City Engineer. g. 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. h. Prior to any construction of the dry utilities in the field, the following will need to be supplied to the City: i. A professional engineer-signed and PG&E-approved original electrical plan . ii. A letter from the design Electrical or Civil Engineer that states the electrical plan conforms to City codes and Standards, and to the approved subdivision improvement plans. 58. NOTICING: At least one week prior to commencement of work, the Developer shall post at the site and mail to owne rs of property within (300') three hundred feet of the exterior boundary of the project site, to the homeowner associations of nearby residential projects and to the Engineering Division, 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. 59 . START OF CONTRUCTION: The City shall be notified at least two (2) working days prior to the start of any construction work and at that time the contractor shall provide a project schedule and a 24-hour emergency telephone number list. 60. WORKING HOURS: Construction activity shall be restricted to the period between 7:00 a.m. to 7:00 p.m . Mondays through Fridays , Saturday 9 :00 a.m . to 7:00 p.m. for general construction activity. No work shall be done on Sundays and City Holidays. The Public Works Director will apply additional construction period restrictions, as necessary, to accommodate standard commute traffic along arterial roadways and along school commute routes. 61. WORK INSPECTION: All work shown on the improvement plans shall be inspected . Uninspected work shall be removed as deemed appropriate by the Public Works Director. 62. HAUL PERMIT: If the project has excess fill or cut that will be off-hauled to a 7.2 p. 47 of 332 site or on-hauled from a site within the city limits of Gilroy , an additional permit is required . This statement must be added as a general note to the Grading and Drainage Plan. 63. DUST CONTROL: 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. Further, 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. Watering on public streets shall not occur. Streets will be cleaned by street sweepers or by hand as often as deemed necessary by the Public Works Director, or at least once a day. 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. 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 Public Works Director. Demolition or earthwork activities shall be halted when wind speeds (instantaneous gusts) exceed 25 MPH. All trucks hauling soil, sand, or other loose debris shall be covered. 64. CONSTRUCTION STREET PARKING: No vehicle having a manufacturer's rated gross vehicle weight exceeding ten thousand (10 ,000) pounds shall be allowed to park on the portion of a street which abuts property in a residential zone without prior approval from the Public Works Director(§ 15.40 .070). 65. STREET MAINTENANCE: It is the responsibility of the contractor to make sure that all dirt tracked into the public right-of-way is cleaned up on a daily basis. Mud, silt, concrete and other construction debris shall not be washed into the City's storm drains. 66 . RESTORATION OF PUBLIC IMPROVEMENTS: The developer shall repair or replace all existing improvements not designated for removal that are damaged or removed because of developer's operations. Improvements such as, but not limited to: curbs, gutters, sidewalks, driveways, signs, pavements, raised pavement markers, thermoplastic pavement markings, etc. shall be repaired and replaced to a condition equal to or better than the original condition. Existing improvement to be repaired or replaced shall be at the direction of the Engineering Construction Inspector, and shall comply with all Title 24 Disabled Access provisions. Developer shall request a walk-through with the Engineering Construction Inspector before the start of construction to verify existing conditions. 7.2 p. 48 of 332 67. FINAL MAP : The tentative map and all final maps shall designate all common lots and easements as lettered lots or lettered easements. The Final map should be clear on the limits of Public vs. Private (HOA) responsibilities . The Final map should also be clear of the HOA vs . Homeowners responsibilities . 68 . FINAL MAP : Prior to final map approval, the developer shall establish a homeowner association. The homeowner association shall be responsible for the maintenance of the landscaping, walls , private streetlights , private utilities, private streets , and common areas , and shall have assessment power. HOA shall be responsible maintenance of the Storm Water Control treatment areas and the CC&R 's shall describe how the stormwater BMPs associated with privately owned improvements and landscaping shall be maintained by the association. This information shall be clearly included in the Conditions , 69. MONUMENTS a. A minimum of one exterior monument shall be set. Additional monuments can be required by the City Engineer or City Surveyor as deemed necessary. b. Location of monuments shall be tied out prior to work . Any City monument damaged, displaced or destroyed sha ll be replaced at the developer's sole expense . c. In accordance with the California Professional Land Surveyors' Act Business and Professions Code) Chapter 15 Sect ions 8771 and 8725 , California Penal Code 605 , and California Government Code 27581, the developer, their employees, subcontractors , and/or any person performing construction activities that will or may disturb an existing roadway/ street monument , corner stake, or any other permanent surveyed monument shall show all current monuments on the plans and shall ensure that a Corner Record and/or Record of Survey are filed with the County Surveyor Office prior to disturbing said monuments . All disturbed or destroyed monuments shall be reset and filed in compliance with Section 8771. 70. GRADE CERTIFICATION: Certification of grades and compaction is required prior to Building Permit final. This statement must be added as a general note to the Grading and Drainage Plan . 71. ACCEPTANCE OF IMPROVEMENTS: Until such time as all improvements required are fully completed and accepted by City, Developer will be responsible for the care maintenance of and any damage to such improvements. City shall not , nor shall any officer or employee thereof, be liable or responsible for any accident , loss or damage, regardless of cause, happening or occurring to the work or Improvements required for this project p rior to the completion and acceptance of the work or Improvements. All such risks shall be the responsibility of and are hereby assumed by the Developer. 7.2 p. 49 of 332 PUBLIC WORKS/ENGINEERING DIVISION SPECIAL CONDITIONS 72 . UTILITY PLAN: Prior to issuance of construction permits , appl icant shall revise the Utility Plan to comply with the following : a. Provide missing invert elevations for the sanitary sewer system. b. Revise invert information on private streets to show the correct direction of flow. 73. UTILITY PLAN: All utilities shall be private (Storm, Water, Sewer) 74. STORMWATER: This project shall comply with post-construction stormwater quality requirements per Chapter 27D of the Gilroy Municipal Code. a. At grading permit phase, submit design level Stormwater Management Plan for review and approval that includes the following : i. Areas to be converted to pervious surface: The type of pervious surface(s) and proposed areas for conversion shall be to the satisfaction of the Community Development Director and Public Works Di rector or their designees. ii . Stormwater Treatment Summary Table that meets the required percentage of equivalent impervious surface area. iii . stormwater calculations iv. Overland release arrows v . A report including the above items and summarizing existing conditions , design summary, oportunities/constraints regarding the stormwater management design , and detailed explanation of all aspects of the stormwater management design. b. At grading permit phase, appl icant shall submit the final signed Performance Requirement Certifications specified in the Stormwater Guidance Manual. c. Stormwater BMP Operation and Maintenance Agreement i. Prior to the issuance of the first building permit , the Developer of the site shall enter into a formal written Stormwater BMP Operation and Maintenance Agreement with the City . The City shall record this agreement , against the property or properties involved , w ith the County of Santa Clara and it shall be binding on all subsequent owners of land served by the storm water management treatment BMPs. The City-standard Stormwater BMP Operation and Maintenance Agreement will be provided by Public Works Engineering. ii. This Agreement shall require that the BMPs not be modif ied and BMP maintenance activities not alte r the designed function of the facility from its original design unless approved by the City prior to the commencement of the proposed modification or maintenance 7.2 p. 50 of 332 activity . iii. This Agreement shall also provide that in the event that maintenance or repair is neglected , or the stormwater management facility becomes a danger to public health or safety , the city shall have the authority to perform maintenance and/or repair work and to recover the costs from the owner. iv . All on-site stormwater management facilities shall be operated and maintained in good condition and promptly repaired/replaced by the property owner(s), an owners' or homeowners' association or other legal entity approved by the City. v. Any repairs or restoration/replacement and maintenance shall be in accordance with City-approved plans. vi. The property owner(s) shall develop a maintenance schedule for the life of any 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. d. Stormwater BMP Inspections will be required for this project and shall adhere to the following: i. The property owner(s) shall be responsible for having all stormwater management facilities inspected for condition and function by a knowledgeable third party. ii. Unless otherwise required by the City Engineer or designee , stormwater facility inspections shall be done at least twice per year, once in fall, in preparation for the wet season , and once in winter. Written records shall be kept of all inspections and shall include, at minimum, the following information: iii. Site address; iv . Date and time of inspection ; v. Name of the person conducting the inspection; vi. List of stormwater facilities inspected; vii. Condition of each stormwater facility inspected ; viii. Description of any needed maintenance or repairs ; and ix. As applicable , the need for site re-inspection. e. 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 15 th of the following year for the winter report . 75. STORMWATER: All stormwater management design facilities shall not conflict with surrounding structures, footings, utilit ies, etc. All BMP and LID design shall consider the proximity to existing and proposed structures. 7.2 p. 51 of 332 76 . STORMWATER: The Civil design engineer shall ensure that the landscape design does not conflict or obstruct the design , use, and maintenance of stormwater management facilities. All landscape planting shall not interfere with the stormwater management design and facilities. FIRE DEPARTMENT STANDARD CONDITIONS 77. TM Condit ions shall be included on off-site improvement plans as "Fire Department Notes" Prior to street completion the Fire Marshal shall be contacted and a fire clearance for off-site improvements be scheduled. No building permits will be issued without a Fire -Off-Site Improvement Inspection and Fire Flow Test administered by the Fire Marshal. 78 . Secondary access shall be provided when 30 or more units served . Secondary Access does not need to serve as public access , however the roadway shall meet the City standards as a street. Any alternative des igns are subject to review and approval by the Fire Ch ief. 79. Gated Access Roadways shall be provided with electronic and provided with a click to open electronic opening system compatible with the Fire Department equipment as well as KNOX key over ride for both Fire and Police access. 80. Fire Hydrants shall be able to flow 1500 gpm with a 20 psi res idual pressure. Street Hydrants shall be spaced every 300 ft., and within 150 ft. of any building . Off-site improvement plan shall provide Fire Hydrants per the City Standard for type , location , red curb and blue reflective marker placement. Hydrants shall be installed prior to commencement of construction with combustible materials. Note: if hydrant placement causes a parking space to be obstructed the parking space shall be replaced at another location in the development. 81. All homes shall be provided with water laterals and meters sized to allow for a residential NFPA 13d fire sprinkler system. At a minimum the off-site improvement plan shall provide 1.5 inch water laterals and 1" meters sized to allow for a residential NFPA 13d fire sprinkler system. A fire flow test shall be obtained from the Fire Marshal fo r the purpose of Fire Sprinkler design. 82 . Roadways shall provide a minimum 20 feet of unobstructed travel. Vertical clearance of not less than 13 .5 ft. shall be provided. Turning radius shall not be less than 32 ' inside and 39 '. Dead end streets greater than 150 ' in shall be provided with a cul-de-sac of 78 'diameter unless they qualify for an exemption. 7.2 p. 52 of 332 83. Road widths shall be as follows: a. Less than 28 ft., no parking on either side b. Less than 36 ft.,. no parking on one side. c. At or over 36 ft., parking not restricted. d. 78' diameter cul de sac-no parking e. 98' diameter cul de sac-parking not restricted 84 . Where parking is restricted, curbs shall be painted red at installation with the stencil FIRE LANE every 25 feet, or every 75 feet No Parking -Fire Lane signs shall be installed per MUTCD standard at street completion. Repainting may be necessary at final project completion and prior to tract acceptance. Include curbing and/or signage details in the Off-Site improvement plans. Private roadway striping and/or signage shall be enforced and maintained by the HOA. A parking enforcement plan will be required. 85. Street naming shall be done prior to off-site improvement plan and building plan submittal. Street A shall be named as two streets as the City Street naming policy does not provide for a street name to continue in a perpendicular route. Addresses shall be assigned by the City Engineering Section prior to improvement plan and building permit submittal. Street signage shall be installed prior to any on-site improvements (foundations or buildings) has begun. 86. Open Spaces, including storm water detention/retention basins, agricultural lots, 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. FIRE DEPARTMENT SPECIAL CONDITIONS 87. Turning radii for Fire Apparatus on private streets in the project shall be to the approval of the Fire Marshal prior to approval of the final map. 88. The EVA shall meet City Standard Roadway criteria for compaction, drainage and weight bearing for a Fire apparatus. If a design is not accepted the EVA shall be constructed as a roadway. 89 . Prior to scheduling the proposed development for City Council consideration, the applicant shall re-design the site plan to properly accommodate the turning movement of all emergency response vehicles to the satisfaction of the Fire Chief and Community Development Director. The necessary re-design shall not result in any loss of existing landscaping or parking, as conditioned, nor shall the re-design result in any significant alterations to the on-site stormwater retention requirements. 7.2 p. 53 of 332 Exhbit B Zoning Amendment Z 13-08, Vesting Tentative Map TM 13-11 and Architectural and Site Review AS 13-35 MITIGATION MONITORING AND REPORTING PROGRAM Monitoring Phase/Timing Monitoring Procedure Implementing Party/Agency Verification of Compliance Mitigation Measure Air Quality AQ-1 The following Best Management Practices (BMPs) (as set forth in Table 8-1, BAAQMD Basic Construction Mitigation Measures, outlined in the BAAQMD CEQA Air Quality Guidelines), shall be included in the Proje ct's construction-contract specifications. The control measures shall be implemented during the duration of all proposed construction activities : All exposed surfaces (e.g ., parking areas , staging areas , soil piles , graded areas , and unpaved access roads) shall be watered two times per day. All haul trucks transporting soil, sand, or other loose material off-site shall be covered. All visible mud or dirt track-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 . All veh icle speeds on unpaved roads shall be limited to 15 mph. All roadways , driveways , and sidewalks to be paved shall be completed as soon as possible. Idling times shall be minimized either by shutting equ ipment off when not in use or reducing the ma ximum idling time to five minutes (as required by the California airborne to xics control measure Prior to Issuance of Demolition Permit or Grading Permit Review of Project I Building & Safety Plans ; Construction Division Inspections Initials Date Remarks 7.2 p. 54 of 332 Mitigation Measure Title 13 , Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points . All construction equipment shall be maintained and properly tuned in accordance with manufacturer 's specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. Post a publ icly visible sign with the telephone number and person to contact at the Town regarding dust complaints . This person shall respond and take corrective action within 48 hours . The BAAQMD 's phone number shall also be visible to ensure compliance with applicable regulations . Monitoring Phase/Timing Biological Resources B10-1 The Project shall implement the following design IPrior to Issuance of recommendation: Demolition Permit or Grading a. Establish and plot onto all plans the vertical and I Permit horizontal locations of all trees identified for preservation, and forward the plans to the Consulting Arborist for review and comment. b. Any changes to the plans affecting the trees shall be reviewed by the Consulting Arborist with regard to tree impacts. These include , but are not limited to , demolition plans, improvement plans , utility and drainage plans, grading plans , and landscape and irrigation plans. c. A Tree Protection Zone {TPZ) shall be established around each tree to be preserved . TPZs for trees identified for preservation are identified in the following table. No trenching , excavation , construction or storage of materials shall occur within that zone . No underground services including_ utilities , sub-drains , water or Monitoring Procedure Review of Project Plans ; Construction Inspections Implementing Party/Agency Planning Division Verification of Cempliance Initials Date Remarks 7.2 p. 55 of 332 Monitoring Monitoring Implementing Verification of Compliance Mitigation Measure Phase/Timing Procedure Party/Agency Initials Date Remarks sewer shall be placed in the TPZ . Spoil from trench , footing , utility , or other excavation shall not be placed within the TPZ , either temporarily or permanently. Tree No . TPZ 2 1 and 25-31 5'W. DL in all other dir ect ion s 81-84 5' N. DL in all other directio ns 22 and 23 10' W. DL in all other directio ns Note: DL = Dripl ine d. The Tree Preservation Guidelines , prepared by the Consulting Arborist , shall be included on all plans . e. Underground services includ ing utilities , sub -drains , water or sewer shall be routed around the Tree Protection Zone . Where encroachment cannot be avoided , special construction techniques such as hand digging or tunneling under roots shall be employed to minimize root injury . f. Locate all temporary access roads to remain outside TPZs . g. Any herbicides placed under paving materials must be safe for use around trees and labeled for that use . h. Irrigat ion systems must be designed so that no trenching shall occur within the TPZs . B10-2 The Project shall implement the following preconstruction Prior to Issuance Review of Project Planning treatments and recommendations : of Demolition Plans ; Construction Division Permit or Grading Inspections a. The construction superintendent shall meet with Permit the Consulting Arborist before beginning work to discuss work procedures and tree protection. b. Fence all trees to be retained to completely enclose the TPZ prior to demolition , grubbing or 7.2 p. 56 of 332 B10-3 Mitigation Measure grading . Fences shall be 6' high chain link , mounted to steel posts firmly driven into the ground or on stanchions fastened securely with rebar staples 12" deep, as required by the City. Fences are to remain until all grading and construction is completed. c. Trees recommended for preservation may require clearance pruning for construction . All pruning shall be completed by a Certified Arborist or Tree Worker and adhere to the latest edition of the ANSI Z133 and A300 standards as well as the Best Management Practices-Tree Pruning , published by the International Society of Arboriculture . d. Structures and underground features to be removed within the TPZ shall use the smallest equipment , and operate from outside the TPZ. The consultant shall be onsite dur ing all operations within the TPZ to monitor demolition activity . e. A 4-6 " wood chip mulch shall be applied and maintained within the TPZ . The Project shall implement the following recommendations for tree protection during construction: a. Prior to beginning work , all contractors working in the vicin ity of trees to be preserved are required to meet with the Consulting Arborist at the site to review all work procedures , access routes , storage areas and tree protection measures . b. No grading, construction , demolition or other work shall occur within the TPZs . Any modifications must be approved and monitored by the Consulting Arborist. c. Any excavation within the dripline or other work that is expected to encounter tree roots shall be approved and monitored by the Consulting Monitoring Phase/Timing Prior to Issuance of Demolition Permit or Grading Permit Monitoring Procedure Review of Project Plans ; Construction Inspections Implementing Party/Agency Planning Division Building & Safety Division Verification of Compliance Initials Date Remarks 7.2 p. 57 of 332 Mitigation Measure Arborist. Roots shall be cut by manually digging and trench and cutting exposed roots with a sharp saw . The Consulting Arborist shall identify where root pruning is required. d. If injury should occur to any tree during construction , it shall be evaluated as soon as possible by the Consulting Arborist so that appropriate treatments can be applied . e. Any roots damaged during grading or construction shall be exposed to sound tissue and cut cleanly with a saw . f. Fences have been erected to protect trees to be preserved; these fences define a specific TPZ for each tree or group of trees . Fences shall remain until all site wor k has been completed. Fences shall not be relocated or removed without permission of the Consultant. g. Construction trailers , traffic and storage areas shall remain outside fenced areas at all times . h. Prior to grading , pad preparation, excavation for foundations/footings/walls , trenching, trees may require root pruning outside the TPZ by cutting all roots cleanly to the depth of the excavation . Roots shall be cut by manually digging a trench and cutting exposed roots with a saw , with a vibrating knife , rock saw , narrow trencher with sharp blades , or other approved root pruning equipment. The Consulting Arborist shall identify where root pruning is required . i. No excess soil , chemicals, debris , equipment or other materials shall be dumped or stored within the TPZs . j. Any add itional tree pruning needed for clearance during construction shall be performed by a Certified Arborist and not by PG&E or construction Monitoring Phase/Timing Monitoring Procedure Implementing Party/Agency Initials Verification of Compliance Date Remarks 7.2 p. 58 of 332 B10-4 B10-5 Mitigation Measure personnel. The Project shall implement the following measure for tree maintenance: a. a. Tree health and structural stability shall be monitored , since preserved trees may experience a physical environment different from that of predevelopment. Occasional pruning , fertilization , mulch , pest management , replanting and irrigation may be required . Significant Trees -Replacement and Planting Measures . Prior to Grading Permit issuance , the Applicant shall contract with a certified arborist to determine the value of the significant trees to be removed. The value of the significant trees to be removed shall be used to enhance tree planting on the site , to the approval of the Planning Manager. Hazards and Hazardous Materials HAZ-1 HAZ-2 Prior to excavation , any soil , including soil that is excavated and/or hauled away for disposal shall be characterized by a qualified environmental professional for the possible presence of agricultural chemicals, according to state and federal regulations , in order to profile the soil for use and disposal. Prior to issuance of a Demolition Permit for any structures within the Project area (or prior to issuance of a Grading Permit for vacant properties), the property and any onsite structure(s) shall be evaluated for occurrence of asbestos-containing materials , lead- based paints , and/or other hazardous materials . The City of Gilroy Hazardous Materials Program would perform oversight of cleanup and investigation of hazardous materials and hazardous waste contamination . Cleanup activities shall include necessary techniques as determined by the City to verify conformance with regulatory cleanup levels for residential use. Monitoring Phase/Timing Prior to Issuance of Demolition Permit or Grading Permit Prior to Issuance of Demolition Permit or Grading Permit Prior to Issuance of Demolition Permit or Grading Permit Prior to Issuance of Demolition Permit or Grading Permit Monitoring Procedure Inclusion in Conditions of Approval Inclus ion in Conditions of Approval Oversight of Investigation and Cleanup Oversight of Investigation and Cleanup Implementing Party/Agency Planning Division Planning Division Building & Safety Division Building & Safety Division Hazardous Materials Program Building & Safety Division Hazardous Materials Program Verification of Compliance Initials Date Remarks 7.2 p. 59 of 332 Mitigation Measure Hydrology and Water Quality HYD-1 Noise N-1 N-2 Prior to the issuance of the Grading Permit , the Applicant shall prepare a detailed Hydrology Study , approved by the City Engineer , demonstrating that all runoff would be treated and contained onsite . The Study shall demonstrate that all storm drain facilities are designed for the 25-year storm event protection . Prior to Grading Permit issuance , the Project Appl icant shall demonstrate , to the satisfaction of the City of Gilroy Planning Manager that the Project complies with the following: Construction contracts specify that all construction equipment, fi xed or mobile , shall be equipped with properly operating and maintained mufflers and other state required noise attenuation devices. Construction haul routes shall be designed to avoid noise sensitive uses (e .g., residences , convalescent homes, etc .), to the extent feasible. During construction, stationary construction equipment shall be placed su ch that emitted no ise is directed away from sensitive noise receivers . Construction activities shall not take place outside of the allowable hours specified by Gilroy City Code Section 16.38 , Hours of Construction (between 7:00 AM and 7:00 PM on weekdays , and between 9:00 AM and 7:00 PM on Saturdays). Construction activities are not permitted on Sundays or City holidays . After the plot plans and architectural drawings have been developed , and prior to the issuance of Build ing Permits , the City of Gilroy Building Official shall confirm that the applicable project plans and specifications include sound-rated windows for Project residential areas immediately adjacent to First Street (SR-152) and Monitoring Phase/Timing Prior to Issuance of Demolition Permit or Grading Permit Prior to Issuance of Demolition Permit or Grading Permit Prior to Issuance of Demolition Permit or Grading Permit Monitoring Procedure Review and Approval of Hydrology Study Review of Project Plans; Construction Inspections Review of Project Plans Implementing Party/Agency Engineering Division Building & Safety Division Planning Division Engineering Division Building & Safety Division Planning Division Building & Safety Divis ion Verification of Compliance Initials Date Remarks 7.2 p. 60 of 332 Mitigation Measure Santa Teresa Boulevard (i.e ., along the roadway or with a direct line of sight). All exterior windows for residences adjacent to First Street (SR-152) and Santa Teresa Boulevard shall be constructed with upgraded windows to provide an airborne sound insulation system achieving a minimum Sound Transmission Class (STC) of 33. The final site design shall also implement centralized heating/ ventilation/air-conditioning (HVAC) units on all these dwelling units to ensure noise levels would be below 45 dBA CNEL with windows and doors closed . The Applicant , as an alternative , may retain a qualified acoustical consultant whom shall submit a report for an alternative means of sound insulation satisfactory to the City of Gilroy which achieves a maximum interior noise level of 45 dBA CNEL. Transportation/Traffic TRA-1 Intersection 1 (Santa Teresa Boulevard / Fitzgerald Avenue) -The significant project impact to this intersection shall be mitigated with the addition of a separate northbound right-turn land on Santa Teresa Blvd . to eastbound Fitzgerald Ave . Adding a separate northbound right-turn lane would improve the intersection level of service conditions to better than background conditions (LOC C and E during the AM and PM peak hours , respectively.) This improvement has been identified in the City's Traffic Circulation Master Plan (TCMP) and Traffic Impact Fee (TIF) Program. Thus , a Reimbursement Agreement would be developed between the City and the developer to complete the improvement such that the developer would be reimbursed for the cost of the improvement , less the project 's fair-share contribution. Since this is a County facility and a County encroachment permit will be required , it is prudent to have the developer provide a fair-share contribution , in lieu of construction . Details as to fair-share amount, schedule for payment of fair-share contribution , or construction , shall be established in a subsequent Monitoring Phase/Timing Prior to Issuance of a Building Permit Monitoring Procedure Enter into an agreement Implementing Party/Agency Engineering Division Verification of Compliance Initials Date Remarks 7.2 p. 61 of 332 TRA-2 TRA-3 Mitigation Measure agreement. It is estimated that the fair share contribution will be based on 5% of cumulative project trips passing through this intersection. The estimated cost of the improvement is $2 ,062 ,181 in 2015 TIF dollars . The developer 's fair-share cost is estimated at 103 ,109 . Intersection 3 (Santa Teresa Boulevard / Day Road East) -The cumulative project impact to this intersection shall be mitigated with the addition of a second northbound through lane on Santa Teresa Blvd. Adding a second northbound through lane would improve the intersection level of service conditions to better than cumulative (no project) conditions (LOS D during the AM peak hour.) This improvement has been identified in the City 's Traffic Circulation Master Plan (TCMP) and Traffic Impact Fee (TIF) Program. Thus , a Re imbursement Agreement would be developed between the City and the developer to complete the improvement such that the developer would be reimbursed for the cost of the improvement , less the project 's fair-share contribution . This condition was also assigned to another developer Silveira -Tract 10230). This condition has been fully met by the Tract 10230 developer and is no longer in need of subsequent mitigations by the lmwalle Townhomes proJect. Intersection 4 (Santa Teresa Boulevard / Sunrise Drive) The significant project impact to this intersection shall be mitigated with the addition of a second northbound through lane on Santa Teresa Blvd . Adding a second northbound through lane would improve the intersection level of service conditions to better than background conditions (LOSB during the AM peak hour.) This improvement has been identified in the City's Traffic Circulation Master Plan (TCMP) and Traffic Impact Fee (TIF) Program. Thus , a Reimbursement Agreement would be developed between the City and the developer to complete the improvement such that the developer would be reimbursed for the cost of the improvement , less the project's fair-share contribution . Monitoring Phase/Timing Implemented by Tract 10230. No additional action needed Prior to Issuance of a Building Permit Monitoring Procedure Enter into an agreement Implementing Party/Agency Engineering Division Verification of Compliance Initials Date Remarks 7.2 p. 62 of 332 TRA-4 TRA-5 Mitigation Measure Timing for completion of this improvement is revised as follows : Construction shall commence prior to issuance of the 100th building permit and construction shall be complete prior to issuance of the 150th building permit , and to the satisfa ction of the City Traffi c Engineer . Intersection 10 (Kelton Drive -Project Access / First Street) -This intersection is within Caltrans jurisdiction , the Project Applicant shall : 1) Coordinate with and obtain concurren ce from Caltrans for the improvements outlined below ; and 2) Fully design and install the following improvements prior to occupancy of first unit: Install "pork chop island " at northbound (Project driveway) approach to restrict Project driveway access to only right-turns in and right-turns out. Northbound and southbound approaches would continue to be unsignalized stop-sign controlled . Full left-turn access would continue to be allowed from First Street onto Kelton Drive and from Kelton Drive onto First Street. RBF mitigation MND TRA-6) Intersection 13 (Wren Avenue/ Welburn Avenue) -The significant project impact to this intersection shall be mitigated by installing a traffic signal , as planned in the City 's TCMP . This improvement includes signalizing the intersection , restriping all of the intersection approaches, and adding left-turn pockets on the east and west approaches. Additionally , 260 feet of parking would need to be removed on the east leg to accommodate the left-turn pocket. With implementat ion of these improvements , the overall intersection level of service would be LOS C during both peak hours . These improvements have been identified in the City 's Traffic Circulation Master Plan (TCMP) and Traffic Impact Fee (TIF) Program. Thus , a Reimbursement Agreement would be developed between the City and the developer to complete the improvement such that the developer would be reimbursed for the cost of the improvement , less the project's fair-share contribution. The intersection of Wren Avenue and Welburn Avenue Monitoring Phase/Timing Prior to Issuance of a Building Permit Prior to Issuance of a Building Permit Monitoring Procedure Enter into an agreement Enter into an agreement Implementing Party/Agency Engineering Division Engineering Division Verification of Compliance Initials Date Remarks 7.2 p. 63 of 332 TRA-6 Mitigation Measure is also projected to be impacted by another proposed project , Las Animas Residential development , located along the east side of Wren Avenue just north of Welburn Avenue. The Las Animas project is currently awaiting city approval. Pending approval of the proposed project and the Las Animas Residential development , responsibility for implementation of the above mitigation measures may be shared between the two proposed projects . City suggests that both developers coordinate this mitigation for project delivery . Timing for completion of this improvement is revised as follows: Construction shall commence prior to issuance of the 100th building permit and construction shall be complete prior to issuance of the 150th building permit, and to the satisfaction of the City Traffic Engineer . Intersection 17 (Monterey Street / Fitzgerald Avenue- Masten Avenue) -The significant project impact to this intersection shall be mitigated by providing protected left-turns on the east and west approaches of the intersection. Additionally , by changing the east-west signal phase from split to protected , Fitzgerald Ave . would need to be widened to provide an exclusive eastbound left-turn lane . Implementation of the proposed improvements would improve the intersection level of service conditions to better than background conditions (LOS C and D during the AM and PM peak hours , respectively .) This improvement has been identified in the City 's Traffic Circulation Master Plan (TCMP) and Traffic Impact Fee (TIF) Program . Thus , a Reimbursement Agreement would be developed between the City and the developer to complete the improvement such that the developer would be reimbursed for the cost of the improvement , less the project's fair-share contribution . Since this is a County facility and a County encroachment permit will be required , it is prudent to have the developer provide a fair-share contribution , in lieu of construction. Details as to fair-share amount , Monitoring Phase/Timing Prior to Issuance of a Building Permit Monitoring Procedure Enter into an agreement Implementing Party/Agency Engineering Division Verification of Compliance Initials Date Remarks 7.2 p. 64 of 332 TRA-7 TRA-8 Mitigation Measure schedule for payment of fair -share contribution , or constru ction , shall be established in a subsequent agreement. It is estimated that the fair share contribution will be based on 5% of cumulative project trips passing through this intersection. The estimated cost of the improvement is $1 ,776 ,143 in 2015 TIF dollars . The developer 's fair-share cost is estimated at 88 ,807 . Intersection 22 (US-101 SB Ramps/ Masten Avenue) - The significant project impact to this intersection shall be mitigated by installing a traffic signal. The intersection level of service would be LOS B during both peak hours with signalization . This improvement has been identified in the City's Traffic Circulation Master Plan (TCMP) and Traffic Impact Fee (TIF) Program . Thus , a Reimbursement Agreement would be developed between the City and the developer to complete the improvement such that the developer would be reimbursed for the cost of the improvement , less the project 's fa ir-share contribution. Since this is a County facility and a County encroachment permit will be required, it is prudent to have the developer provide a fair-share contribution, in lieu of construction . Details as to fair-share amount , schedule for payment of fair-share contribution , or construction , shall be established in a subsequent agreement. It is estimated that the fair share contribution will be based on 2.5% of cumulative project trips passing through this intersection . The estimated cost of the improvement is $765 ,618 in 2015 TIF dollars. The developer 's fair-share cost is estimated at 19 ,140 . Intersection 23 (US 101 Northbound Ramps / Masten Ave .) -The significant project impact to this intersection shall be mitigated by installing a traffic signal. The intersection level of service would be LOS C and B during the AM and PM peak hours , respectively , with signalizat ion . This improvement has been identified in the City 's Monitoring Phase/Timing Prior to Issuance of a Building Permit Prior to Issuance of a Building Permit Monitoring Procedure Enter into an agreement Enter into an agreemen t Implementing Party/Agency Engineering Division Engineering Division Verification of Compliance Initials Date Remarks 7.2 p. 65 of 332 Mitigation Measure Traffic Circulation Master Plan (TCMP) and Traffic Impact Fee (TIF) Program. Thus, a Reimbursement Agreement would be developed between the City and the developer to complete the improvement such that the developer would be reimbursed for the cost of the improvement, less the project 's fair-share contribution. Since this is a County facility and a County encroachment permit will be required , it is prudent to have the developer provide a fair-share contribution , in lieu of construction. Details as to fair-share amount, schedule for payment of fair -share contribution, or construction , shall be established in a subsequent agreement. It is estimated that the fair share contribution will be based on 2.5% of cumulative project trips passing through this intersection. The estimated cost of the improvement is $788,118 in 2015 TIF dollars . The developer's fair-share cost is estimated at 19 ,703 . Monitoring Phase/Timing Monitoring Procedure Implementing Party/Agency Verification of Compliance Initials Date Remarks 7.2 p. 66 of 332 I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2020-27 is an original resolution, or true and correct copy of a city Resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said held on Council held on the 4th day of May, 2020 , at which meeting a quorum was present. Seal) 7.2 p. 67 of 332 8'56+0)6'06#6+8'/#2 (+456564''6#0&5#06#6'4'5#$17.'8#4&6190*1/'5 #70+6%10&1/+0+7/&'8'.12/'06 7.2 p. 68 of 332 7.2 p. 69 of 332 RESOLUTION 20 23-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING FOURTH EXTENSION FOR TENTATIVE MAP, TM 13-11, AND ARCHITECTURE AND SITE REVIEW, AS 18-20, CREATING A 202-UNIT CONDOMINIUM TOWNHOUSE DEVELOPMENT ON PROPERTY LOCATED AT THE SOUTHEAST CORNER OF SANTA TERESA BLVD. AND FIRST ST, APNs 808-01-21, 808-01-22 & 808-01-23; FILED BY EAGLE GARDEN LLC. WHEREAS, on November 28, 2022, The Eagle Garden LLC submitted a Fourth Time Extension request for the Tentative Map, TM13-11 and Architecture and Site Review, AS 18-20 creating a 202-unit condominium townhouse development; and WHEREAS, the subject property is located at the southeast corner of Santa Teresa Blvd. and First St. and consists of approximately 10 acres; and WHEREAS, in accordance with the California Environmental Quality Act, the City Council adopted the Mitigated Negative Declaration (MND) that was prepared for the project in 2016. It was determined, with implementation of the identified mitigation measures, there would be no significant adverse impacts resulting from the development, and that the proposed time extension would not impose any further significant adverse effects; and WHEREAS, on April 4, 2016, the City Council approved Tentative Map TM 13-11 (Resolution No. 2016-20), and Architectural and Site Review Permit AS 13-35 (Resolution No. 2016-21), for the construction of 202 townhomes, a clubhouse, a swimming pool, a tot lot and an onsite public art amenity and associated onsite and offsi te improvements; and WHEREAS, on June 18, 2018, the City Council approved a time extension request, extending TM 13-11 and AS 13-35 approvals to April 4, 2019; and WHEREAS, on October 29, 2018, the Planning Manager approved AS 18-20 for minor revisions and adjustment of other onsite improvements. (AS 18-20 approval supersedes AS 13-35); and WHEREAS, on January 22, 2019, the developer submitted building permits for the to wnhome buildings and the clubhouse; and WHEREAS, on June 3, 2019, the City Council approved the second time extension of TM 13-11 and AS 13-35/AS 18-20 approvals to April 4, 2020; and WHEREAS, on May 4, 2020, the City Council approved the third time extension of TM 13 -11 and AS 13-35/AS 18-20 approvals to April 4, 2021; and 7.2 p. 70 of 332 Resolution No. 2023-XX TM 13 -11 & AS 18-20 Fourth Extension City Council Regular Meeting | March 6, 2023 Page 2 of 2 WHEREAS, on June 1, 2020, the City Council adopted resolution 2020-33 which extended the expiration periods for all active entitlements, including the subject project, through May 31, 2021; and WHEREAS, on September 30, 2020, the State legislature enacted AB 1561 which granted an additional extension of 18 months to housing entitlements issued before March 4, 2020 th at would expire before December 31, 2021. This extended the project approvals through November 30, 2022; and WHEREAS, on November 30, 2022, the applicant had filed application materials with the Department of Public Works for processing of the final map; and WHEREAS, the City Council considered the fourth time extension request at their March 6, 2023 meeting; and WHEREAS, the location and custodian of the documents or other materials that constitute the record of proceedings upon which TM 13-11 an d AS 18-20 time extension request is based is the office of the City Clerk. NOW, THEREFORE, BE IT RESOLVED THAT , the City Council of the City of Gilroy hereby approves the fourth 12-month time extension for TM 13-11 and AS 18-20 to November 30, 2023, subject to the attached conditions of approval set forth in Exhibit “A” attached hereto. PASSED AND ADOPTED this 6 th day of March 2023, by the following roll call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: APPROVED: Marie Blankley, Mayor ATTEST: Thai Pham, City Clerk 7.2 p. 71 of 332 Exhibit A City Council Resolution 2023-XX TM 13 -11 Conditions of Approval Note: The following abbreviations identify the City department or division responsible for determining compliance with these standard 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. Internal information shown in italics at the end of each condition provides internal reference for the condition: Some are standard permit conditions (e.g. G-1) while some are taken from environmental documents (e.g. MND-S2). RESPONSIBLE DEPARTMENTS/DIVISIONS BL Building Division/Inspectors PK Parks/Landscape Design CA City Attorney PL Planning Division CE Code Enforcement PW Public Works/Engineering FD Fire Department TR Traffic Division PD Police Department WW Wastewater/Source Control GENERAL PROJECT CONDITIONS 1. This permit is granted for the property described in the application on file with the Planning Division, and may not be transferred from one property to another, unless a request is requested and granted by the Planning Manager, pursuant to the City Code. (PL, G-1) 2. This permit is granted for approved plans (“the plans”) on file with the Planning Division. The project shall conform to the plans, except as otherwise specified in these conditions. Any subsequent modification or deviation to the approved plans shall be considered by the Planning Manager, may require separate discretionary approval and shall conform to City Code requirements or policies adopted by City Council. (PL, G-2) 3. Developer means permit applicant, property owner, and/or tenants using the space(s) for the intended use(s). Compliance with project conditions is expected for the life of the project. (CA, G-3) 4. An approved tentative map shall expire twenty-four (24) months from the original approval date. (PL, G-6) 5. 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. (PL, G-7) 6. Failure to appeal this decision in a timely manner or commencement of any activity related to the project is understood to clarify the Developer’s 7.2 p. 72 of 332 acceptance of all conditions and obligations imposed by this permit and waiving any challenge to the validity of the conditions and obligations stated therein. (CA, G-8) 7. Developer shall complete all required off-site and on -site improvements related to the project, including structures, paving, and landscaping, prior to occupancy unless otherwise allowed by the Community Development Director. (BL, G-9) 8. Developer agrees, as a condition of adoption of this resolution, at Developer’s own expense, to defend, indemnify, and hold harmless the City of Gilroy and its officers, contractors, consultants, attorneys, employees and agents from any and all claim(s), action(s) or proceeding(s) brought against City or it's 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. (CA, G-10) 9. 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. (CA, G-11) 10. Developer shall complete the “Notice of Land Use Restrictions and Conditions” form, using the form provided by the City, for recording with the Santa Clara County Recorder. Before the City issues building permits, Developer shall submit the original completed, signed and notarized document, together with the required fees to the Planning Manager. (PL, G-12) 11. 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 pursuant to the City Code. (CA, G-13) 12. Prior to issuance of building permits, Developer shall correct all violations of the City Code existing on the project property for which the City has open cases. (PL/CE, G-14) 13. Approval of this Vesting Tentative Map application is subject to approval of Zoning/Planned Unit Development application Z 13-08 and Architectural and Site Review Permit AS 13-35. Should either of those applications not be approved or be rescinded, this approval shall become null and void. 14. Building and grading permits for the project shall not be issued prior to recordation of the final map. 7.2 p. 73 of 332 PLANNING DIVISION STANDARD CONDITIONS 15. Developer acknowledges that because of water limitations placed on the city by its water providers, approval of this permit does not guarantee that the city will issue building permits. Issuance of building permits may be delayed and subject to implementation and/or compliance with mandated water conservation or allocation plans. (PL/PW, PL-1) 16. Developer shall submit plans for building permit applications that include, on all sets, a reproduction of all conditions of approval of this permit, as adopted by the decision -maker. (PL, PL -3) 17. Developer may not modify any use approved by this permit unless the Community Development Director or designee determines that Developer has provided the parking required by the City Code for the modified use. (PL, PL-6) 18. All project on -site 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. (PL, PL-7) PLANNING DIVISION SPECIAL CONDITIONS 20. Prior to approval of the final map, the subdivision shall be modified to address the following items to the approval of the Planning Division: a. Elimination of the 10-foot PSE in the southeast portion of the site b. Retention and realignment of the emergency vehicle access from the adjacent property to the south to First St. c. An easement to provide access from the subject property and the adjacent property to the south to the shopping center to the east, subject to Shopping Center approval. In the event Shopping Center does not agree to said easement, this condition shall not be enforced. d. Decorative pavement at project entrances and walkways and crosswalks, to the approval of the Public Works and Community Development Directors. e. Elimination of two speed tables and revision to the location of guest parking as shown on Site Plan Alternate, dated 9/11/15. f. Modification of the private street behind unit 119 to provide adequate room for backing out of that garage. g. Minor modification of the project layout near the intersection of Santa Teresa Blvd. and First St., not resulting in loss of units, in order to maintain adequate front yard setbacks from the roundabout proposed for this intersection. 7.2 p. 74 of 332 21. No on -site fill material may be retained by the existing pre-cast concrete property boundary walls. 22. Prior to approval of the final map, a phasing plan for construction of the project shall be submitted to and approved by the Community Development and Public Works Directors. The phasing plan shall include the timing of installation of common area improvements, including private streets, landscaping, recreational facilities and blocks of townhouse units. 23. Prior to approval of the final map, a copy of the CC&Rs and By-Laws for the homeowners association shall be submitted to and approved by the Planning Division. The Homeowners Association shall be responsible for enforcing all requirements of the CC&Rs and By-Laws, with special attention to the following. These documents shall include at a minimum the following provisions that may only be modified or deleted upon City approval: a. At all times, unit garages shall maintain a minimum 20’ x 20’ clear space be used for parking of vehicles only. Resident vehicles shall be parked in the unit garages and not in guest parking spaces or on public streets. b. For the life of the development, the Homeowner Association shall contract for the placement of garbage and recycling toters on the resident driveway aprons of each unit within two hours after rubbish pick-up and within two hours after recycling pick-up. c. For the life of the development, no parking shall be allowed on the private streets within the subdivision except as shown and conditioned on the approved plans. 24. Prior to issuance of a grading permit, the applicant shall obtain a Santa Clara Valley Habitat Plan permit from the City of Gilroy. The permit will require implementation of all applicable project conditions and payment of appropriate land cover fees. The applicant shall be responsible for the implementation of this mitigation measure, subject to monitoring by the City of Gilroy. 25. Due to the possibility that significant buried cultural resources might be found during construction, the applicant shall include the following language on any grading, site work, and construction plans issued for the project site, subject to the review and approval of the Gilroy Planning Division (pursuant to Gilroy General Plan Policy 5.07): If archaeological resources are discovered during construction, work shall be halted within 50 meters (165 feet) of the find until a qualified professional archaeologist can evaluate it. If the find is determined to be significant, appropriate mitigation measures shall be formulated and implemented. 26. In the event of an accidental discovery or recognition of any human remains in any location other than a dedicated cemetery, the applicant shall include the following language is included in all grading, site work, and construction plans in accordance with CEQA Guidelines section 15064.5(e), subject to the review and approval of the City of Gilroy Planning Division: 7.2 p. 75 of 332 If human remains are found during construction 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. 27. Compliance with all conditions of approval of Zoning/Planned Unit Development 13-08 and Architectural and Site Review Permit AS 13-35 shall also be a condition of this approval. Environmental Mitigation Measures 28. The following Best Management Practices (BMPs) (as set forth in Table 8-1, BAAQMD Basic Construction Mitigation Measures, outlined in the BAAQMD CEQA Air Quality Guidelines), shall be included in the Project’s construction- contract specifications. The control measures shall be included on all grading, site work, and construction plans and implemented during the duration of all proposed construction activities: 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 off -site shall be covered. c. All visible mud or dirt track-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 shall be limited to 15 mph. e. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. f. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to five minutes (as 7.2 p. 76 of 332 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 mechanic and determined to be running in proper condition prior to operation. h. Post a publicly visible sign with the telephone number and person to contact at the City regarding dust complaints. This person shall respond and take corrective action within 48 hours. The BAAQMD’s phone number shall also be visible to ensure compliance with applicable regulations. (MND AQ-1) 29. Prior to issuance of building permits, the Project shall implement the following design recommendations: a. Establish and plot onto all plans the vertical and horizontal locations of all trees identified for preservation, and forward the plans to the Consulting Arborist for review and comment. b. Any changes to the plans affecting the trees shall be reviewed by the Consulting Arborist with regard to tree impacts. These include, but are not limited to, demolition plans, improvement plans, utility and drainage plans, grading plans, and landscape and irrigation plans. c. A Tree Protection Zone (TPZ) shall be established around each tree to be preserved. TPZs for trees identified for preservation are identified in the following table. No trenching, excavation, construction or storage of materials shall occur within that zone. No underground services including utilities, sub-drains, water or sewer shall be placed in the TPZ. Spoil from trench, footing, utility, or other excavation shall not be placed within the TPZ, either temporarily or permanently. Tree No. TPZ #21 and 25- 31 5’W. DL in all other directions #81-84 5’ N. DL in all other directions #22 and 23 10’ W. DL in all other directions Note: DL = Dripline d. The Tree Preservation Guidelines, prepared by the Consulting Arborist, shall be included on all plans. e. Underground services including utilities, sub-drains, water or sewer shall be routed around the Tree Protection Zone. Where encroachment cannot be avoided, special construction techniques such as hand digging or tunneling under roots shall be employed to minimize root injury. f. Locate all temporary access roads to remain outside TPZs. g. Any herbicides placed under paving materials must be safe for use around trees and labeled for that use. 7.2 p. 77 of 332 h. Irrigation systems must be designed so that no trenching shall occur within the TPZs. (MND BIO-1) 30. The Project shall implement the following pre-construction treatments and recommendations: a. The construction superintendent shall meet with the Consulting Arborist before beginning work to discuss work procedures and tree protection. b. Fence all trees to be retained to completely enclose the TPZ prior to demolition, grubbing or grading. Fences shall be 6’ high chain link, mounted to steel posts firmly driven into the ground or on stanchions fastened securely with rebar staples 12” deep, as required by the City. Fences are to remain until all grading and construction is completed. c. Trees recommended for preservation may require clearance pruning for construction. All pruning shall be completed by a Certified Arborist or Tree Worker and adhere to the latest edition of the ANSI Z133 and A300 standards as well as the Best Management Practices—Tree Pruning, published by the International Society of Arboriculture. d. Structures and underground features to be removed within the TPZ shall use the smallest equipment, and operate from outside the TPZ. The consultant shall be onsite during all operations within the TPZ to monitor demolition activity. e. A 4-6” wood ch ip mulch shall be applied and maintained within the TPZ. (MND BIO-2) 31. The Project shall implement the following recommendations for tree protection during construction: a. Prior to beginning work, all contractors working in the vicinity of trees to be preserved are required to meet with the Consulting Arborist at the site to review all work procedures, access routes, storage areas and tree protection measures. b. No grading, construction, demolition or other work shall occur within the TPZs. Any modifications must be approved and monitored by the Consulting Arborist. c. Any excavation within the dripline or other work that is expected to encounter tree roots shall be approved and monitored by the Consulting Arborist. Roots shall be cut by manually digging and trench and cutting exposed roots with a sharp saw. The Consulting Arborist shall identify where root pruning is required. d. If injury should occur to any tree during construction, it shall be evaluated as soon as possible by the Consulting Arborist so that appropriate treatments can be applied. e. Any roots damaged during grading or construction shall be exposed to sound tissue and cut cleanly with a saw. f. Fences have been erected to protect trees to be preserved; these fences define a specific TPZ for each tree or group of trees. Fences shall remain until all site work has been completed. Fences shall not be 7.2 p. 78 of 332 relocated or removed without permission of the Consultant. g. Construction trailers, traffic and storage areas shall remain outside fenced areas at all times. h. Prior to grading, pad preparation, excavation for foundations/footings/walls, trenching, trees may require root pruning outside the TPZ by cutting all roots cleanly to the depth of the excavation. Roots shall be cut by manually digging a trench and cutting exposed roots with a saw, with a vibrating knife, rock saw, narrow trencher with sharp blades, or other approved root pruning equipment. The Consulting Arborist shall identify where root pruning is required. i. No excess soil, chemicals, debris, equipment or other materials shall be dumped or stored within the TPZs. j. Any additional tree pruning needed for clearance during construction shall be performed by a Certified Arborist and not by PG&E or construction personnel. (MND BIO-3) 32. For the life of the development, the Project shall implement the following measure for tree maintenance: a. Tree health and structural stability shall be monitored, since preserved trees may experience a physical environment different from that of pre- development. Occasional pruning, fertilization, mulch, pest management, replanting and irrigation may be required. (MND BIO-4) 33. Significant Trees - Replacement and Planting Measures. Prior to Grading Permit issuance, the Applicant shall contract with a certified arborist to determine the value of the significant trees to be removed. The value of the significant trees to be removed shall be used to enhance tree planting on the site, to the approval of the Community Development Director or designee. (MND BIO-5) 34. Prior to excavation, any soil that is excavated and/or hauled away for disposal shall be characterized by a qualified environmental professional for the possible presence of agricultural chemicals, according to state and federal regulations, in order to profile the soil for disposal. (MND HAZ-1) 35. Prior to issuance of a Demolition Permit for any structures within the Project area (or prior to issuance of a Grading Permit for vacant properties), the property and any onsite structure(s) shall be evaluated for occurrence of asbestos-containing materials, lead-based paints, and/or other hazardous materials. The City of Gilroy Hazardous Materials Program would perform oversight of cleanup and investigation of hazardous materials and hazardous waste contamination. (MND HAZ-2) 36. Prior to the issuance of the Grading Permit, the Applicant shall prepare a detailed Hydrology Study, approved by the City Engineer, demonstrating that all runoff would be treated and contained onsite. The Study shall demonstrate that all storm drain facilities are designed for the 25- year storm event protection. (MND HYD-1) 7.2 p. 79 of 332 37. Prior to Grading Permit issuance, the Applicant shall demonstrate, to the satisfaction of the City of Gilroy Community Development Director or designee that the Project complies with the following: a. Construction contracts specify that all construction equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers and other state required noise attenuation devices. b. Construction haul routes shall be designed to avoid noise sensitive uses (e.g., residences, convalescent homes, etc.), to the extent feasible. c. During construction, stationary construction equipment shall be placed such that emitted noise is directed away from sensitive noise receivers. d. Construction activities shall not take place outside of the allowable hours specified by Gilroy City Code Section 16.38, Hours of Construction (between 7:00 AM and 7:00 PM on weekdays, and between 9:00 AM and 7:00 PM on Saturdays). Construction activities are not permitted on Sundays or City holidays. (MND N -1) 38. After the plot plans and architectural drawings have been developed, and prior to the issuance of Building Permits, the City of Gilroy Building Official shall confirm that the applicable project plans and specifications include sound‐rated windows for Project residential areas immediately adjacent to First Street (SR - 152) and Santa Teresa Boulevard (i.e., along the roadway or with a direct line of sight). All exterior windows for residences adjacent to First Street (SR-152) and Santa Teresa Boulevard shall be constructed with upgraded windows to provide an airborne sound insulation system achieving a minimum Sound Transmission Class (STC) of 33. The final site design shall also implement centralized heating/ ventilation/air-conditioning (HVAC) units on all these dwelling units to ensure noise levels would be below 45 dBA CNEL with windows and doors closed. The Applicant, as an alternative, may retain a qualified acoustical consultant whom shall submit a report for an alternative means of sound insulation satisfactory to the City of Gilroy which achieves a maximum interior noise level of 45 dBA CNEL. (MND N-2) 39. Intersection 1 (Santa Teresa Boulevard / Fitzgerald Avenue) – The significant project impact to this intersection shall be mitigated with the addition of a separate northbound right-turn land on Santa Teresa Blvd. to eastbound Fitzgerald Ave. Adding a separate northbound right-turn lane would improve the intersecti on level of service conditions to better than background conditions (LOC C and E during the AM and PM peak hours, respectively.) This improvement has been identified in the City’s Traffic Circulation Master Plan (TCMP) and Traffic Impact Fee (TIF) Program. Thus, a Reimbursement Agreement would be developed between the City and the developer to complete the improvement such that the developer would be reimbursed for the cost of the improvement, less the project’s fair-share contribution. 7.2 p. 80 of 332 Since this is a County facility and a County encroachment permit will be required, it is prudent to have the developer provide a fair-share contribution, in lieu of construction. Details as to fair-share amount, schedule for payment of fair-share contribution, or construction, shall be established in a subsequent agreement. It is estimated that the fair share contribution will be based on 5% of cumulative project trips passing through this intersection. The estimated cost of the improvement is $2,062,181 in 2015 TIF dollars. The developer’s fair-share cost is estimated at $103,109. The Developer shall pay the 5% improvement fair-share contribution in an amount reflective of the current project cost. This value shall be calculated using the 2015 improvement cost plus an escalated amount based on the Engineering News Record Construction Cost Index. Payment of this 5% fair- share cost shall be made by the developer prior to the issuance of the first building permit. 40. Intersection 3 (Santa Teresa Boulevard / Day Road East) – The cumulative project impact to this intersection shall be mitigated with the addition of a second northbound through lane on Santa Teresa Blvd. Adding a second northbound through lane would improve the intersection level of service conditions to better than cumulative (no project) conditions (LOS D during the AM peak hour.) This improvement has been identified in the City’s Traffic Circulation Master Plan (TCMP) and Traffic Impact Fee (TIF) Program. Thus, a Reimbursement Agreement would be developed between the City and the developer to complete the improvement such that the developer would be reimbursed for the cost of the improvement, less the project’s fair-share contribution. This condition was also assigned to another developer (Silveira – Tract 10230). This condition has been fully met by the Tract 10230 developer and is no longer in need of subsequent mitigations by the Imwalle Townhomes project. 41. Intersection 4 (Santa Teresa Boulevard / Sunrise Drive) – The significant project impact to this intersection shall be mitigated with the addition of a second northbound through lane on Santa Teresa Blvd. Adding a second northbound through lane would improve the intersection level of service conditions to better than background conditions (LOS B during the AM peak hour.) This improvement has been identified in the City’s Traffic Circulation Master Plan (TCMP) and Traffic Impact Fee (TIF) Program. Thus, a Reimbursement Agreement would be developed between the C ity and the developer to complete the improvement such that the developer would be reimbursed for the cost of the improvement, less the project’s fair-share contribution. Timing for completion of this improvement is revised as follows: Construction shal l commence prior to issuance of the 100th building permit and construction shall be complete prior to issuance of the 150th building permit, 7.2 p. 81 of 332 and to the satisfaction of the City Traffic Engineer. 42. Intersection 10 (Kelton Drive-Project Access / First Street) – This intersection is within Caltrans jurisdiction, the Project Applicant shall: 1) Construct the fourth leg of the existing First/Kelton intersection on the south side of the intersection to align with Kelton Street on the north side of First Street to form a four-leg intersection. 2) Coordinate construction of signal improvements at th is intersection in conjunction with development of the First and Kelton Commercial Project (AS 17-25). 3) Provide adequate dedication of any Public Service Easement necessary for placement of signal equipment for the signalized intersection improvements. 4) Obtain any necessary permit from Caltrans for work along the project’s First Street frontage. Should the First and Kelton Commercial Project (AS 17-25) proceed with the intersection signal improvements in advance of any site construction work on this project site, the developer shall provide the necessary site accommodation for the signal equipment to be installed. 43. Intersection 13 (Wren Avenue / Welburn Avenue) – The construction of signal improvements at this intersection are underway. Mitigation of this intersection traffic impacts are no longer necessary for this project. 44. Intersection 17 (Monterey Street / Fitzgerald Avenue-Masten Avenue) – The significant project impact to this intersection shall be mitigated by providing protected left-turns on the east and west approaches of the intersection. Additionally, by changing the east-west signal phase from split to protected, Fitzgerald Ave. would need to be widened to provide an exclusive eastbound left-turn lane. Implementation of the proposed improvements would improve the intersection level of service conditions to better than background conditions (LOS C and D during the AM and PM peak hou rs, respectively.) This improvement has been identified in the City’s Traffic Circulation Master Plan (TCMP) and Traffic Impact Fee (TIF) Program. Thus, a Reimbursement Agreement would be developed between the City and the developer to complete the improvement such that the developer would be reimbursed for the cost of the improvement, less the project’s fair-share contribution. Since this is a County facility and a County encroachment permit will be required, it is prudent to have the developer provide a fair-share contribution, in lieu of construction. Details as to fair-share amount, schedule for payment of fair-share contribution, or construction, shall be established in a subsequent agreement. It is estimated that the fair share contribution will be based on 5% of cumulative project trips passing through this intersection. The estimated cost of the improvement is $1,776,143 in 2015 TIF dollars. The developer’s fair-share cost is estimated at $88,807. The Developer shall pay the 5% improvement fair-share contribution in an amount reflective of the current project cost. This value shall be calculated 7.2 p. 82 of 332 using the 2015 improvement cost plus an escalated amount based on the Engineering News Record Construction Cost Index. Payment of this 5% fair- share cost shall be made by the developer prior to the issuance of the first building permit. 45. Intersection 22 (US-101 SB Ramps / Masten Avenue) – The significant project impact to this intersection shall be mitigated by installing a traffic signal. The intersection level of service would be LOS B during both peak hours with signalization. This improvement has been identified in the City’s Traff ic Circulation Master Plan (TCMP) and Traffic Impact Fee (TIF) Program. Thus, a Reimbursement Agreement would be developed between the City and the developer to complete the improvement such that the developer would be reimbursed for the cost of the improvement, less the project’s fair-share contribution. Since this is a County facility and a County encroachment permit will be required, it is prudent to have the developer provide a fair-share contribution, in lieu of construction. Details as to fair-share amount, schedule for payment of fair-share contribution, or construction, shall be established in a subsequent agreement. It is estimated that the fair share contribution will be based on 2.5% of cumulative project trips passing through this intersection . The estimated cost of the improvement is $765,618 in 2015 TIF dollars. The developer’s fair-share cost is estimated at $19,140. The Developer shall pay the 5% improvement fair-share contribution in an amount reflective of the current project cost. Thi s value shall be calculated using the 2015 improvement cost plus an escalated amount based on the Engineering News Record Construction Cost Index. Payment of this 5% fair- share cost shall be made by the developer prior to the issuance of the first buildin g permit. 46. Intersection 23 (US 101 Northbound Ramps / Masten Ave.) – The significant project impact to this intersection shall be mitigated by installing a traffic signal. The intersection level of service would be LOS C and B during the AM and PM peak hours, respectively, with signalization. This improvement has been identified in the City’s Traffic Circulation Master Plan (TCMP) and Traffic Impact Fee (TIF) Program. Thus, a Reimbursement Agreement would be developed between the City and the developer to complete the improvement such that the developer would be reimbu rsed for the cost of the improvement, less the project’s fair-share contribution. Since this is a County facility and a County encroachment permit will be required, it is prudent to have the developer provide a fair-share contribution, in lieu of constru ction. Details as to fair-share amount, schedule for payment of fair-share contribution, or construction, shall be established in a subsequent agreement. It is estimated that the fair share contribution will be based on 2.5% 7.2 p. 83 of 332 of cumulative project trips passing through this intersection. The estimated cost of the improvement is $788,118 in 2015 TIF dollars. The developer’s fair-share cost is estimated at $19,703. The Developer shall pay the 5% improvement fair-share contribution in an amount reflective of the current project cost. This value shall be calculated using the 2015 improvement cost plus an escalated amount based on the Engineering News Record Construction Cost Index. Payment of this 5% fair- share cost shall be made by the developer prior to the issuance of the first building permit. PUBLIC WORKS/ENGINEERING DIVISION STANDARD CONDITIONS 47. GENERAL a. Developer shall perform all work in compliance with the City of Gilroy Specifications, Standards Design Criteria, and Development Agreement and is subject to all laws of the City of Gilroy by reference. Street improvements and the design of all off-site storm drainage facilities, sewer and water lines, and all street sections shall be in accordance with City Standards and shall follow the most current City Master Plan for streets, as approved by the City of Gilroy’s Public Works Director/City Engineer. b. Until such time as the Improvements are accepted by City, Developer shall be responsible for and bear the risk of loss to any of the Improvements constructed or installed. c. The applicant shall obtain all necessary permits from federal, state, and local agencies as required to construct the proposed improvements including, but not limited to, the Santa Clara County Roads & Airports Department, Caltrans and Regional Water Quality Control Board. d. All existing utility poles shall be removed, and all utilities placed underground. No new poles are allowed. 48. GENERAL – Applicant shall obtain will serve and review letter from Recology confirming serviceability and site accessibility of solid waste pickup. Contract Steven Lucchetti, Operations Manager 408-842-3358. 49. FEES a. The project is subject to the City’s Street Tree, Storm, Sewer, Water, Traffic, and Public Facilities Development Impact Fees. Payment of Street Tree and Storm Development Impact Fees is required at first building permit issuance. Sewer, Water, Traffic, and Public Facilities Development Impact Fees are due prior to building occupancy. Note th at there will be a fee increase beginning 7/1/2018. b. At improvement plan submittal, Developer shall submit an estimate of the probable cost of improvements and shall pay 40% of the plan check and inspection fees. c. Prior to final map/improvement plan approval, Developer shall submit a 7.2 p. 84 of 332 final construction cost estimate and pay the remaining 60% of the revised plan check and inspection fees based on the final revised construction cost estimate and other related fees that the property is subject to, enter into a property improvement agreement, and provide payment and performance bonds. d. The fees shall be based on the current comprehensive fee schedule in effect at the time of fee payment, consistent with city policy. e. The sum of all fair-share contributions in lieu of construction of the improvements shall be recalculated to reflect current construction costs as identified in each traffic mitigation improvement condition as indicated. Details as to fair-share amount, schedule for payment of fair- share contribution, or construction, shall be established in a subsequent agreement, to be worked out between City and developer, prior to issuance of the first building permit. f. The project’s estimated Traffic Impact Fee for 202 units is $9,099 per unit (high density residential) for a total of $1,837,998.00 based on the currently effective fee schedule dated July 1, 2015. Based on the fee schedule that will be effective on July 1, 2018, the estimated Traffic Impact Fee is $9,372per unit (high density residential) for a total of $1,893,144.00. The Traffic Impact Fee will be due prior to building occupancy. Note that there will be another 3% traffic impact fee increase beginning July 1, 2019. The Traffic Impact fee and other development impact fees due for this project shall be based on the current comprehensive fee schedule in effect at the time of fee payment, consistent with city policy. 50. TRANSPORTATION a. Developer shall submit photometric plans prior to first building permit issuance. b. Developer shall install all joint trench to have (4) dedicated 11/2” SCH 80 PVC conduit for City Fiber Optic need in a quad duct arrangement along Santa Teresa and First Street frontage. Quad duct shall be per City STD EL- 11. c. Developer shall install all street light conduits as 2” SCH40 PVC per City Standard EL-1 and related pull boxes shall follow City Standard EL-14. d. Final streetlight locations shall be to the satisfaction of the City Transportation Engineer and shall follow City standards. e. Developer shall design driveway grades to keep the automobile from dragging or “bottoming out” on the street or driveway and to keep water collected in the street from the flowing onto the lots. The details of such design shall be provided at improvement plan phase and shall be to the satisfaction of the City Transportation Engineer. f. Any work in the public right-of -way shall require a traffic control plan prepared by a licensed, professional engineer with experience in 7.2 p. 85 of 332 preparing such plans. Traffic Control Plan shall be prepared in accordance with the requirements of the latest edition of the California Manual on Uniform Traffic Control Devices. The Traffic Control Plan shall be included in the Improvement Plans and shall be approved prior to grading permit issuance. g. Prior to the issuance of 100th building permit, provide for VTA-approved bus stop along the First Street frontage of the project to support the extension of the Line 19 bus route. Contact Rod Ballesteros, Operations Manager at VTA (408) 321-2300 for design requirements. h. At improvement plan phase, Developer shall provide street lighting per current Public Works standard LED type 15 arrangement. i. Prior to the issuance of the first building permit, Developer shall provide an on -site/off -site striping plan for review and approval by the Engineering Division. 51. GRADING/DRAINAGE a. All grading activity shall address National Pollutant Discharge Elimination System (NPDES) concerns. If all or part of the construction occurs during the rainy season, the developer shall submit an Erosion Control Plan to the Public Works Director for review and approval. This plan shall incorporate erosion control devices and other techniques in accordance with Municipal Code § 27C to minimize erosion. Specific measures to control sediment runoff, construction pollution and other potential construction contamination sediment runoff, construction pollution and other potential construction contamination shall be addressed through the Erosion Control Plan and Storm Water Pollution Prevention Plan (SWPPP). The SWPPP shall supplement the Erosion Control Plan and project improvement plans. These documents shall also be kept on -site while the project is under construction. A Notice of Intent (NOI) shall be filed with the State Water Resources Control Board, with a copy provided to the Engineering Division before a grading permit will be issued. WDID# shall be provided prior to Improvement Plan/Final Map approval. b. All grading operations and soil compaction activities shall be per the approved project’s geotechnical report that was prepared for the design of the project and shall be subject to the approval of the Public Works Director. Site preparation and cut/fill construction shall be conducted under the observation of, and tested by, a licensed soils or geotechnical engineer. A report shall be filed with the City of Gilroy for each phase of construction, stating that all site preparation and cut/fill construction were performed in conformance with the requirements of the project’s geotechnical report. This shall be subject to review and approval by the Engineering Division. The developer shall add this condition to the general notes on the grading plan. c. Prior to issuance of the first building permit, the applicant’s soils engineer shall review the final grading and drainage plans to ensure that designs for foundations, retaining walls, site grading, and site 7.2 p. 86 of 332 drainage are in accordance with their recommendations and the peer review comments. The applicant’s soils engineer’s approval shall then be conveyed to the City either by letter or by signing the plans. 52. TRANSPORTATION All streets and alleys shall be private and maintained by the HOA. 53. TRANSPORTATION - At first plan submittal developer shall model all Solid Waste Vehicle circulation movements, as a separate plan sheet. The circulation plan shall be prepared to the City Engineer’s satisfaction, and modeled with AutoTurn swepth analysis software, all turning and street circulation movements. 54. TRANSPORTATION At first plan submittal developer shall model all Emergency Vehicle circulation movements, as a separate plan sheet. The circulation plan shall be prepared to the City Engineer’s satisfaction, and modeled with AutoTurn swepth analysis software, all turning and street circulation movements. 55. 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. a. All construction water from fire hydrants shall be metered and billed at the current hydrant meter rate. b. Recycled water shall be used for construction water, where available, as determined by the Public Works Director. Recycled water shall be billed at the municipal industrial rate based on the current Santa Clara Valley Water District’s municipal industrial rate. c. Where recycled water is not available, as determined by the Public Works Director, potable water shall be used. All City potable water will be billed based on the City’s comprehensive fee schedule under the Portable Fire hydrant meter rate. 56. WATER: The Developer shall perform field verification testing of the water system and will modify any part of the systems that does not perform to the standards established by the City. 57. UTILITIES a. Sanitary sewer laterals and/or water meters located in driveways shall have traffic rated boxes and lids. b. All mainline storm drain piping shall have a minimum diameter of 18 inches and the lateral connections shall have a minimum diameter of 15 inches. c. The Developer/Contractor shall make accessible any or all City utilities 7.2 p. 87 of 332 as directed by the Public Works Director. d. Storm and sewer lines in private areas shall be privately maintained unless approved by the Public Works Director. e. Improvement plans are required for all on -site and off -site improvements. The following items will need to be completed prior to first building permit submittal: i. The Developer shall provide joint trench composite plans for the underground electrical, gas, telephone, cable television, and communication conduits and cables including the size, location and details of all trenches, locations of building utility service stubs and meters and placements or arrangements of junction structures as a part of the Improvement Plan submittals for the project. Show preferred and alternative locations for all utility vaults and boxes if project has not obtained PG&E approval. A licensed Civil or Electrical Engineer shall sign the composite drawings and/or utility improvement plans. (All dry utilities shall be placed underground). ii. The Developer shall negotiate right-of -way with Pacific Gas and Electric and other utilities subject to the review and approval by the Engineering Division and the utility companies. iii. “Will Serve Letter” from each utility company for the subdivision shall be supplied to the City. f. Joint trench composite plans shall be approved prior to final map/improvement plan approval or as otherwise determined by the Public Works Director/City Engineer. g. 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. h. Prior to any construction of the dry utilities in the field, the following will need to be supplied to the City: i. A professional engineer-signed and PG&E-approved original electrical plan. ii. A letter from the design Electrical or Civil Engineer that states the electrical plan conforms to City codes and Standards, and to the approved subdivision improvement plans. 58. NOTICING: At least one week prior to commencement of work, the Developer shall post at the site and mail to owners of property within (300') three hundred feet of the exterior boundary of the project site, to the homeowner associations of nearby residential projects and to the Engineering Division, 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. 7.2 p. 88 of 332 59. START OF CONTRUCTION: The City shall be notified at least two (2) working days prior to the start of any construction work and at that time the contractor shall provide a project schedule and a 24-hour emergency telephone number list. 60. WORKING HOURS: Construction activity shall be restricted to the period between 7:00 a.m. to 7:00 p.m. Mondays through Fridays, Saturday 9:00 a.m. to 7:00 p.m. for general construction activity. No work shall be done on Sundays and City Holidays. The Public Works Director will apply additional construction period restrictions, as necessary, to accommodate standard commute traffic along arterial roadways and along school commute routes. 61. WORK INSPECTION: All work shown on the improvement plans shall be inspected. Uninspected work shall be removed as deemed appropriate by the Public Works Director. 62. HAUL PERMIT: If the project has excess fill or cut that will be off -hauled to a site or on -hauled from a site within the city limits of Gilroy, an additional permit is required. This statement must be added as a general note to the Grading and Drainage Plan. 63. DUST CONTROL: 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. Further, 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. Watering on public streets shall not occur. Streets will be cleaned by street sweepers or by hand as often as deemed necessary by the Public Works Director, or at least once a day. 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. 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 Public Works Director. Demolition or earthwork activities shall be halted when wind speeds (instantaneous gusts) exceed 25 MPH. All trucks hauling soil, sand, or other loose debris shall be covered. 64. CONSTRUCTION STREET PARKING: No vehicle having a manufacturer's rated gross vehicle weight exceeding ten thousand (10,000) pounds shall be allowed to park on the portion of a street which abuts property in a residential zone without prior approval from the Public Works Director (§ 15.40.070). 7.2 p. 89 of 332 65. STREET MAINTENANCE: It is the responsibility of the contractor to make sure that all dirt tracked into the public right-of-way is cleaned up on a daily basis. Mud, silt, concrete and other construction debris shall not be washed into the City’s storm drains. 66. RESTORATION OF PUBLIC IMPROVEMENTS: The developer shall repair or replace all existing improvements not designated for removal that are damaged or removed because of developer's operations. Improvements such as, but not limited to: curbs, gutters, sidewalks, driveways, signs, pavements, raised pavement markers, thermoplastic pavement markings, etc. shall be repaired and replaced to a condition equal to or better than the original condition. Existing improvement to be repaired or replaced shall be at the direction of the Engineering Construction Inspector, and shall comply with all Title 24 Disabled Access provisions. Developer shall request a walk-through with the Engineering Construction Inspector before the start of construction to verify existing conditions. 67. FINAL MAP: The tentative map and all final maps shall designate all common lots and easements as lettered lots or lettered easements. The Final map should be clear on the limits of Public vs. Private (HOA) responsibilities. The Final map should also be clear of the HOA vs. Homeowners responsibilities. 68. FINAL MAP: Prior to final map approval, the developer shall establish a homeowner association. The homeowner association shall be responsible for the maintenance of the landscaping, walls, private streetlights, private utilities, private streets, and common areas, and shall have assessment power. HOA shall be responsible maintenance of the Storm Water Control treatment areas and the CC&R’s shall describe how the stormwater BMPs associated with privately owned improvements and landscaping shall be maintained by the association. This information shall be clearly included in the Conditions. 69. MONUMENTS a. A minimum of one exterior monument shall be set. Additional monuments can be required by the City Engineer or City Surveyor as deemed necessary. b. Location of monuments shall be tied out prior to work. Any City monument damaged, displaced or destroyed shall be replaced at the developer's sole expense. c. In accordance with the California Professional Land Surveyors' Act (Business and Professions Code) Chapter 15 Sections 8771 and 8725, California Penal Code 605, and California Government Code 27581, the developer, their employees, subcontractors, and/or any person performing construction activities that will or may disturb an existing roadway/ street monument, corner stake, or any other permanent surveyed monument shall show all current monuments on the plans and shall ensure that a Corner Record and/or Record of Survey are filed with the County Surveyor Office prior to disturbing said monuments. All disturbed or destroyed monuments shall be 7.2 p. 90 of 332 reset and filed in compliance with Section 8771. 70. GRADE CERTIFICATION: Certification of grades and compaction is required prior to Building Permit final. This statement must be added as a general note to the Grading and Drainage Plan. 71. ACCEPTANCE OF IMPROVEMENTS: Until such time as all improvements required are fully completed and accepted by City, Developer will be responsible for the care maintenance of and any damage to such improvements. City shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the work or Improvements required for this project prior to the completion and acceptance of the work or Improvements. All such risks shall be the responsibility of and are hereby assumed by the Developer. PUBLIC WORKS/ENGINEERING DIVISION SPECIAL CONDITIONS 72. UTILITY PLAN: Prior to issuance of construction permits, applicant shall revise the Utility Plan to comply with the following: a. Provide missing invert elevations for the sanitary sewer system. b. Revise invert information on private streets to show the correct direction of flow. 73. UTILITY PLAN: All utilities shall be private (Storm, Water, Sewer) 74. STORMWATER: This project shall comply with post-construction stormwater quality requirements per Chapter 27D of the Gilroy Municipal Code. a. At grading permit phase, submit design level Stormwater Management Plan for review and approval that includes the following: i. Areas to be converted to pervious surface: The type of pervious surface(s) and proposed areas for conversion shall be to the satisfaction of the Community Development Director and Public Works Director or their designees. ii. Stormwater Treatment Summary Table that meets the required percentage of equivalent impervious surface area. iii. stormwater calculations iv. Overland release arrows v. A report including the above items and summarizing existing conditions, design summary, oportunities/constraints regarding the stormwater management design, and detailed explanation of all aspects of the stormwater management design. b. At grading permit phase, applicant shall submit the final signed Performance Requirement Certifications specified in the Stormwater Guidance Manual. c. Stormwater BMP Operation and Maintenance Agreement 7.2 p. 91 of 332 i. Prior to the issuance of the first building permit, the Developer of the site shall enter into a formal written Stormwater BMP Operation and Maintenance Agreement with the City. The City shall record this agreement, against the property or properties involved, with the County of Santa Clara and it shall be binding on all subsequent owners of land served by the storm water management treatment BMPs. The City- standard Stormwater BMP Operation and Maintenance Agreement will be provided by Public Works Engineering. ii. This Agreement shall require that the BMPs not be modified and BMP maintenance activities not alter the designed function of the facility from its original design unless approved by the City prior to the commencement of the proposed modification or maintenance activity. iii. This Agreement shall also provide that in the event that maintenance or repair is neglected, or the stormwater management facility becomes a danger to public health or safety, the city shall have the authority to perform maintenance and/or repair work and to recover the costs from the owner. iv. All on -site stormwater management facilities shall be operated and maintained in good condition and promptly repaired/replaced by the property owner(s), an owners' or homeowners' association or other legal entity approved by the City. v. Any repairs or restoration/replacement and maintenance shall be in accordance with City-approved plans. vi. The property owner(s) shall develop a maintenance schedule for the life of any 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. d. Stormwater BMP Inspections will be required for this project and shall adhere to the following: i. The property owner(s) shall be responsible for having all stormwater management facilities inspected for condition and function by a knowledgeable third party. ii. Unless otherwise required by the City Engineer or designee, stormwater facility inspections shall be done at least twice per year, once in fall, in preparation for the wet season, and once in winter. Written records shall be kept of all inspections and shall include, at minimum, the following information: iii. Site address; iv. Date and time of inspection; v. Name of the person conducting the inspection; vi. List of stormwater facilities inspected; vii. Condition of each stormwater facility inspected; viii. Description of any needed maintenance or repairs; and 7.2 p. 92 of 332 ix. As applicable, the need for site re-inspection. e. 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. 75. STORMWATER: All stormwater management design facilities shall not conflict with surrounding structures, footings, utilities, etc. All BMP and LID design shall consider the proximity to existing and proposed structures. 76. STORMWATER: The Civil design engineer shall ensure that the landscape design does not conflict or obstruct the design, use, and maintenance of stormwater management facilities. All landscape planting shall not interfere with the stormwater management design and facilities. FIRE DEPARTMENT STANDARD CONDITIONS 77. TM Conditions shall be included on off-site improvement plans as "Fire Department Notes" Prior to street completion the Fire Marshal shall be contacted and a fire clearance for off -site improvements be scheduled. No building permits will be issued without a Fire –Off -Site Improvement Inspection and Fire Flow Test administered by the Fire Marshal. 78. Secondary access shall be provided when 30 or more units served. Secondary Access does not need to serve as public access, however the roadway shall meet the City standards as a street. Any alternative designs are subject to review and approval by the Fire Chief. 79. Gated Access Roadways shall be provided with electronic and provided with a click to open electronic opening system compatible with the Fire Department equipment as well as KNOX key over ride for both Fire and Police access. 80. 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. Off -site improvement plan shall provide Fire Hydrants per the City Standard for type, location, red curb and blue reflective marker placement. Hydrants shall be installed prior to commencement of construction with combustible materials. Note: if hydrant placement causes a parking space to be obstructed the parking space shall be replaced at another location in the development. 81. All homes shall be provided with water laterals and meters sized to allow for a residential NFPA 13d fire sprinkler system. At a minimum the off-site improvement plan shall provide 1.5 inch water laterals and 1” meters sized to allow for a residential NFPA 13d fire sprinkler system. A fire flow test 7.2 p. 93 of 332 shall be obtained from the Fire Marshal for the purpose of Fire Sprinkler design. 82. Roadways shall provide a minimum 20 feet of unobstructed travel. Vertical clearance of not less than 13.5 ft. shall be provided. Turning radius shall not be less than 32’ inside and 39’. Dead end streets greater than 150’ in shall be provided with a cul -de-sac of 78’diameter unless they qualify for an exemption. 83. Road widths shall be as follows: a. Less than 28 ft., no parking on either side b. Less than 36 ft., no parking on one side. c. At or over 36 ft., parking not restricted. d. 78’ diameter cul-de-sac no parking. e. 98’ diameter cul-de-sac parking not restricted 84. Where parking is restricted, curbs shall be painted red at installation with the stencil FIRE LANE every 25 feet, or every 75 feet No Parking - Fire Lane signs shall be installed per MUTCD standard at street completion. Repainting may be necessary at final project completion and prior to tract acceptance. Include curbing and/or signage details in the Off -Site improvement plans. Private roadway striping and/or signage shall be enforced and maintained by the HOA. A parking enforcement plan will be required. 85. Street naming shall be done prior to off -site improvement plan and building plan submittal. Street A shall be named as two streets as the City Street naming policy does not provide for a street name to continue in a perpendicular route. Addresses shall be assigned by the City Engineering Section prior to improvement plan and building permit submittal. Street signage shall be installed prior to any on -site improvements (foundations or buildings) has begun. 86. Open Spaces, including storm water detention/retention basins, agricultural lots, 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. FIRE DEPARTMENT SPECIAL CONDITIONS 87. Turning radii for Fire Apparatus on private streets in the project shall be to the approval of the Fire Marshal prior to approval of the final map. 88. The EVA shall meet City Standard Roadway criteria for compaction, drainage and weight bearing for a Fire apparatus. If a design is not accepted the EVA shall be constructed as a roadway. 7.2 p. 94 of 332 89. Prior to scheduling the proposed development for City Council consideration, the applicant shall re-design the site plan to properly accommodate the turning movement of all emergency response vehicles to the satisfaction of the Fire Chief and Community Development Director. The necessary re-design shall not result in any loss of existing landscaping or parking, as conditioned, nor shall the re-design result in any significant alterations to the on -site stormwater retention requirements. 7.2 p. 95 of 332 Exhibit B Zoning Amendment Z 13-08, Vesting Tentative Map TM 13-11 and Architectural and Site Review AS 13-35 MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure Monitoring Phase/Timing Monitoring Procedure Implementing Party/Agency Verification of Compliance Initials Date Remarks Air Quality AQ-1 The following Best Management Practices (BMPs) (as set forth in Table 8-1, BAAQMD Basic Construction Mitigation Measures, outlined in the BAAQMD CEQA Air Quality Guidelines), shall be included in the Project’s constr uction- contract specifications. The control measures shall be implemented during the duration of all proposed construction activities: • All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day. • All haul trucks transporting soil, sand, or other loose material off-site shall be covered. • All visible mud or dirt track-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. • All vehicle speeds on unpaved roads shall be limited to 15 mph. • All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. • Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to five 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. • All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. • Post a publicly visible sign with the telephone number and person to contact at the Town regarding dust complaints. This person shall Prior to Issuance of Demolition Permit or Grading Permit Review of Project Plans; Construction Inspections Building & Safety Division 7.2 p. 96 of 332 Mitigation Measure Monitoring Phase/Timing Monitoring Procedure Implementing Party/Agency Verification of Compliance Initials Date Remarks respond and take corrective action within 48 hours. The BAAQMD’s phone number shall also be visible to ensure compliance with applicable regulations. Biological Resources BIO-1 The Project shall implement the following design recommendation: a. Establish and plot onto all plans the vertical and horizontal locations of all trees identified for preservation, and forward the plans to the Consulting Arborist for review and comment. b. Any changes to the plans affecting the trees shall be reviewed by the Consulting Arborist with regard to tree impacts. These include, but are not limited to, demolition plans, improvement plans, utility and drainage plans, grading plans, and landscape and irrigation plans. c. A Tree Protection Zone (TPZ) shall be established around each tree to be preserved. TPZs for trees identified for preservation are identified in the following table. No trenching, excavation, construction or storage of materials shall occur within that zone. No underground services including utilities, sub-drains, water or sewer shall be placed in the TPZ. Spoil from trench, footing, utility, or other excavation shall not be placed within the TPZ, either temporarily or permanently. d. The Tree Preservation Guidelines, prepared by the Consulting Arborist, shall be included on all plans. e. Underground services including utilities, sub-drains, water or sewer shall be routed around the Tree Protection Zone. Where encroachment cannot be avoided, special construction techniques such as hand digging or tunneling under roots shall be employed to minimize root injury. f. Locate all temporary access roads to remain outside TPZs. g. Any herbicides placed under paving materials must be Tree No. TPZ #21 and 25-31 5’W. DL in all other directions #81-84 5’ N. DL in all other directions #22 and 23 10’ W. DL in all other directions Note: DL = Dripline Prior to Issuance of Demolition Permit or Grading Permit Review of Project Plans; Construction Inspections Planning Division 7.2 p. 97 of 332 Mitigation Measure Monitoring Phase/Timing Monitoring Procedure Implementing Party/Agency Verification of Compliance Initials Date Remarks safe for use around trees and labeled for that use. h. Irrigation systems must be designed so that no trenching shall occur within the TPZs. BIO-2 The Project shall implement the following preconstruction treatments and recommendations: a. The construction superintendent shall meet with the Consulting Arborist before beginning work to discuss work procedures and tree protection. b. Fence all trees to be retained to completely enclose the TPZ prior to demolition, grubbing or grading. Fences shall be 6’ high chain link, mounted to steel posts firmly driven into the ground or on stanchions fastened securely with rebar staples 12” deep, as required by the City. Fences are to remain until all grading and construction is completed. c. Trees recommended for preservation may require clearance pruning for construction. All pruning shall be completed by a Certified Arborist or Tree Worker and adhere to the latest edition of the ANSI Z133 and A300 standards as well as the Best Management Practices — Tree Pruning, published by the International Society of Arboriculture. d. Structures and underground features to be removed within the TPZ shall use the smallest equipment, and operate from outside the TPZ. The consultant shall be onsite during all operations within the TPZ to monitor demolition activity. e. A 4-6” wood chip mulch shall be applied and maintained within the TPZ. Prior to Issuance of Demolition Permit or Grading Permit Review of Project Plans; Construction Inspections Planning Division BIO-3 The Project shall implement the following recommendations for tree protection during construction: a. Prior to beginning work, all contractors working in the vicinity of trees to be preserved are required to meet with the Consulting Arborist at the site to review all work procedures, access routes, storage areas and tree protection measures. b. No grading, construction, demolition or other work shall occur within the TPZs. Any modifications must be approved and monitored by the Consulting Arborist. c. Any excavation within the dripline or other work that is expected to encounter tree roots shall be approved and monitored by the Consulting Arborist. Roots shall be cut by manually digging and trench and cutting Prior to Issuance of Demolition Permit or Grading Permit Review of Project Plans; Construction Inspections Planning Division Building & Safety Division 7.2 p. 98 of 332 Mitigation Measure Monitoring Phase/Timing Monitoring Procedure Implementing Party/Agency Verification of Compliance Initials Date Remarks exposed roots with a sharp saw. The Consulting Arborist shall identify where root pruning is required. d. If injury should occur to any tree during construction, it shall be evaluated as soon as possible by the Consulting Arborist so that appropriate treatments can be applied. e. Any roots damaged during grading or construction shall be exposed to sound tissue and cut cleanly with a saw. f. Fences have been erected to protect trees to be preserved; these fences define a specific TPZ for each tree or group of trees. Fences shall remain until all site work has been completed. Fences shall not be relocated or removed without permission of the Consultant. g. Construction trailers, traffic and storage areas shall remain outside fenced areas at all times. h. Prior to grading, pad preparation, excavation for foundations/footings/walls, trenching, trees may require root pruning outside the TPZ by cutting all roots cleanly to the depth of the excavation. Roots shall be cut by manually digging a trench and cutting exposed roots with a saw, with a vibrating knife, rock saw, narrow trencher with sharp blades, or other approved root pruning equipment. The Consulting Arborist shall identify where root pruning is required. i. No excess soil, chemicals, debris, equipment or other materials shall be dumped or stored within the TPZs. j. Any additional tree pruning needed for clearance during construction shall be performed by a Certified Arborist and not by PG&E or construction personnel. BIO-4 The Project shall implement the following measure for tree maintenance: a. a. Tree health and structural stability shall be monitored, since preserved trees may experience a physical environment different from that of predevelopment. Occasional pruning, fertilization, mulch, pest management, replanting and irrigation may be required. Prior to Issuance of Demolition Permit or Grading Permit Inclusion in Conditions of Approval Planning Division 7.2 p. 99 of 332 Mitigation Measure Monitoring Phase/Timing Monitoring Procedure Implementing Party/Agency Verification of Compliance Initials Date Remarks BIO-5 Significant Trees - Replacement and Planting Measures. Prior to Grading Permit issuance, the Applicant shall contract with a certified arborist to determine the value of the significant trees to be removed. The value of the significant trees to be removed shall be used to enhance tree planting on the site, to the approval of the Planning Manager. Prior to Issuance of Demolition Permit or Grading Permit Inclusion in Conditions of Approval Planning Division Building & Safety Division Hazards and Hazardous Materials HAZ -1 Prior to excavation, any soil, including soil that is excavated and/or hauled away for disposal shall be characterized by a qualified environmental professional for the possible presence of agricultural chemicals, according to state and federal regulations, in order to profile the soil for use and disposal. Prior to Issuance of Demolition Permit or Grading Permit Oversight of Investigation and Cleanup Building & Safety Division Hazardous Materials Program HAZ -2 Prior to issuance of a Demolition Permit for any structures within the Project area (or prior to issuance of a Grading Permit for vacant properties), the property and any onsite structure(s) shall be evaluated for occurrence of asbestos- containing materials, lead-based paints, and/or other hazardous materials. The City of Gilroy Hazardous Materials Program would perform oversight of cleanup and investigation of hazardous materials and hazardous waste contamination. Cleanup activities shall include necessary techniques as determined by the City to verify conformance with regulatory cleanup levels for residential use. Prior to Issuance of Demolition Permit or Grading Permit Oversight of Investigation and Cleanup Building & Safety Division Hazardous Materials Program Hydrology and Water Quality HYD-1 Prior to the issuance of the Grading Permit, the Applicant shall prepare a detailed Hydrology Study, approved by the City Engineer, demonstrating that all runoff would be treated and contained onsite. The Study shall demonstrate that all storm drain facilities are designed for the 25- year storm event protection. Prior to Issuance of Demolition Permit or Grading Permit Review and Approval of Hydrology Study Engineering Division Building & Safety Division Noise N-1 Prior to Grading Permit issuance, the Project Applicant shall demonstrate, to the satisfaction of the City of Gilroy Planning Manager that the Project complies with the following: • Construction contracts specify that all construction equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers and other state required noise attenuation devices. • Construction haul routes shall be designed to avoid noise sensitive uses (e.g., residences, convalescent homes, etc.), to the extent feasible. Prior to Issuance of Demolition Permit or Grading Permit Review of Project Plans; Construction Inspections Planning Division Engineering Division Building & Safety Division 7.2 p. 100 of 332 Mitigation Measure Monitoring Phase/Timing Monitoring Procedure Implementing Party/Agency Verification of Compliance Initials Date Remarks • During construction, stationary construction equipment shall be placed such that emitted noise is directed away from sensitive noise receivers. • Construction activities shall not take place outside of the allowable hours specified by Gilroy City Code Section 16.38, Hours of Construction (between 7:00 AM and 7:00 PM on weekdays, and between 9:00 AM and 7:00 PM on Saturdays). Construction activities are not permitted on Sundays or City holidays. N-2 After the plot plans and architectural drawings have been developed, and prior to the issuance of Building Permits, the City of Gilroy Building Official shall confirm that the applicable project plans and specifications include sound‐ rated windows for Project residential areas immediately adjacent to First Street (SR-152) and Santa Teresa Boulevard (i.e., along the roadway or with a direct line of sight). All exterior windows for residences adjacent to First Street (SR- 152) and Santa Teresa Boulevard shall be constructed with upgraded windows to provide an airborne sound insula tion system achieving a minimum Sound Transmission Class (STC) of 33. The final site design shall also implement centralized heating/ ventilation/air - conditioning (HVAC) units on all these dwelling units to ensure noise levels would be below 45 dBA CNEL with windows and doors closed. The Applicant, as an alternative, may retain a qualified acoustical consultant whom shall submit a report for an alternative means of sound insulation satisfactory to the City of Gilroy which achieves a maximum interior noise level of 45 dBA CNEL. Prior to Issuance of Demolition Permit or Grading Permit Review of Project Plans Planning Division Building & Safety Division Transportation/Traffic TRA-1 Intersection 1 (Santa Teresa Boulevard / Fitzgerald Avenue) – The significant project impact to this intersection shall be mitigated with the addition of a separate northbound right- turn land on Santa Teresa Blvd. to eastbound Fitzgerald Ave. Adding a separate northbound right-turn lane would improve the intersection level of service conditions to better than background conditions (LOC C and E during the AM and PM peak hours, respectively.) This improvement has been identified in the City’s Traffic Circulation Master Plan (TCMP) and Traffic Impact Fee (TIF) Program. Thus, a Reimbursement Agreement would be developed between the City and the developer to complete the improvement such that the developer would be reimbursed for the cost of the improvement, less the project’s fair-share contribution. Since this is a County facility and a County encroachment permit will be required, it is prudent to have the developer provide a fair-share contribution, in lieu of construction. Details as to fair-share amount, schedule for payment of fair- Prior to Issuance of a Building Permit Enter into an agreement Engineering Division 7.2 p. 101 of 332 Mitigation Measure Monitoring Phase/Timing Monitoring Procedure Implementing Party/Agency Verification of Compliance Initials Date Remarks share contribution, or construction, shall be established in a subsequent agreement. It is estimated that the fair share contribution will be based on 5% of cumulative project trips passing through this intersection. The estimated cost of the improvement is $2,062,181 in 2015 TIF dollars. The developer’s fair-share cost is estimated at $103,109. TRA-2 Intersection 3 (Santa Teresa Boulevard / Day Road East) – The cumulative project impact to this intersection shall be mitigated with the addition of a second northbound through lane on Santa Teresa Blvd. Adding a second northbound through lane would improve the intersection level of service conditions to better than cumulative (no project) conditions (LOS D during the AM peak hour.) This improvement has been identified in the City’s Traffic Circulation Master Plan (TCMP) and Traffic Impact Fee (TIF) Program. Thus, a Reimbursement Agreement would be developed between the City and the developer to complete the improvement such that the developer would be reimbursed for the cost of the improvement, less the project’s fair-share contribution. This condition was also assigned to another developer (Silveira – Tract 10230). This condition has been fully met by the Tract 10230 developer and is no longer in need of subsequent mitigations by the Imwalle Townhomes project. Implemented by Tract 10230. No additional action needed TRA-3 Intersection 4 (Santa Teresa Boulevard / Sunrise Drive) – The significant project impact to this intersection shall be mitigated with the addition of a second northbound through lane on Santa Teresa Blvd. Adding a second northbound through lane would improve the intersection level of service conditions to better than background conditions (LOSB during the AM peak hour.) This improvement has been identified in the City’s Traffic Circulation Master Plan (TCMP) and Traffic Impact Fee (TIF) Program. Thus, a Reimbursement Agreement would be developed between the City and the developer to complete the improvement such that the developer would be reimbursed for the cost of the improvement, less the project’s fair-share contribution. Timing for completion of this improvement is revised as follows: Construction shall commence prior to issuance of the 100th building permit and construction shall be complete prior to issuance of the 150th building permit, and to the satisfaction of the City Traffic Engineer. Prior to Issuance of a Building Permit Enter into an agreement Engineering Division TRA-4 Intersection 10 (Kelton Drive-Project Access / First Street) – This intersection is within Caltrans jurisdiction, the Project Applicant shall: 1) Coordinate with and obtain concurrence from Caltrans for the improvements outlined below; and 2) Fully design and install the following improvements prior to occupancy of first unit: Install “pork chop island” at northbound (Project driveway) Prior to Issuance of a Building Permit Enter into an agreement Engineering Division 7.2 p. 102 of 332 Mitigation Measure Monitoring Phase/Timing Monitoring Procedure Implementing Party/Agency Verification of Compliance Initials Date Remarks approach to restrict Project driveway access to only right- turns in and right-turns out. Northbound and southbound approaches would continue to be unsignalized stop-sign controlled. Full left-turn access would continue to be allowed from First Street onto Kelton Drive and from Kelton Drive onto First Street. (RBF mitigation MND TRA-6) TRA-5 Intersection 13 (Wren Avenue / Welburn Avenue) – The significant project impact to this intersection shall be mitigated by installing a traffic signal, as planned in the City’s TCMP. This improvement includes signalizing the intersection, restriping all of the intersection approaches, and adding left-turn pockets on the east and west approaches. Additionally, 260 feet of parking would need to be removed on the east leg to accommodate the left-turn pocket. With implementation of these improvements, the overall intersection level of service would be LOS C during both peak hours. These improvements have been identified in the City’s Traffic Circulation Master Plan (TCMP) and Traffic Impact Fee (TIF) Program. Thus, a Reimbursement Agreement would be developed between the City and the developer to complete the improvement such that the developer would be reimbursed for the cost of the improvement, less the project’s fair-share contribution. The intersection of Wren Avenue and Welburn Avenue is also projected to be impacted by another proposed project, Las Animas Residential development, located along the east side of Wren Avenue just north of Welburn Avenue. The Las Animas project is currently awaiting city approval. Pending approval of the proposed project and the Las Animas Residential development, responsibility for implementatio n of the above mitigation measures may be shared between the two proposed projects. City suggests that both developers coordinate this mitigation for project delivery. Timing for completion of this improvement is revised as follows: Construction shall commence prior to issuance of the 100th building permit and construction shall be complete prior to issuance of the 150th building permit, and to the satisfaction of the City Traffic Engineer. Prior to Issuance of a Building Permit Enter into an agreement Engineering Division TRA-6 Intersection 17 (Monterey Street / Fitzgerald Avenue- Masten Avenue) – The significant project impact to this intersection shall be mitigated by providing protected left- turns on the east and west approaches of the intersection. Additionally, by changing the east-west signal phase from split to protected, Fitzgerald Ave. would need to be widened to provide an exclusive eastbound left-turn lane. Implementation of the proposed improvements would improve the intersection level of service conditions to better than background conditions (LOS C and D during the AM and PM peak hours, respectively.) Prior to Issuance of a Building Permit Enter into an agreement Engineering Division 7.2 p. 103 of 332 Mitigation Measure Monitoring Phase/Timing Monitoring Procedure Implementing Party/Agency Verification of Compliance Initials Date Remarks This improvement has been identified in the City’s Traffic Circulation Master Plan (TCMP) and Traffic Impact Fee (TIF) Program. Thus, a Reimbursement Agreement would be developed between the City and the developer to complete the improvement such that the developer would be reimbursed for the cost of the improvement, less the project’s fair-share contribution. Since this is a County facility and a County encroachment permit will be required, it is prudent to have the developer provide a fair-share contribution, in lieu of construction. Details as to fair-share amount, schedule for payment of fair- share contribution, or construction, shall be established in a subsequent agreement. It is estimated that the fair share contribution will be based on 5% of cumulative project trips passing through this intersection. The estimated cost of the improvement is $1,776,143 in 2015 TIF dollars. The developer’s fair-share cost is estimated at $88,807. TRA-7 Intersection 22 (US-101 SB Ramps / Masten Avenue) – The significant project impact to this intersection shall be mitigated by installing a traffic signal. The intersection level of service would be LOS B during both peak hours with signalization. This improvement has been identified in the City’s Traffic Circulation Master Plan (TCMP) and Traffic Impact Fee (TIF) Program. Thus, a Reimbursement Agreement would be developed between the City and the developer to complete the improvement such that the developer would be reimbursed for the cost of the improvement, less the project’s fair-share contribution. Since this is a County facility and a County encroachment permit will be required, it is prudent to have the developer provide a fair-share contribution, in lieu of construction. Details as to fair-share amount, schedule for payment of fair- share contribution, or construction, shall be established in a subsequent agreement. It is estimated that the fair share contribution will be based on 2.5% of cumulative project trips passing through this intersection. The estimated cost of the improvement is $765,618 in 2015 TIF dollars. The developer’s fair-share cost is estimated at $19,140. Prior to Issuance of a Building Permit Enter into an agreement Engineering Division TRA-8 Intersection 23 (US 101 Northbound Ramps / Masten Ave.) – The significant project impact to this intersection shall be mitigated by installing a traffic signal. The intersection level of service would be LOS C and B during the AM and PM peak hours, respectively, with signalization. This improvement has been identified in the City’s Traffic Circulation Master Plan (TCMP) and Traffic Impact Fee (TIF) Program. Thus, a Reimbursement Agreement would be developed between the City and the developer to complete the improvement such that the developer would be reimbursed for the cost of the improvement, less the Prior to Issuance of a Building Permit Enter into an agreement Engineering Division 7.2 p. 104 of 332 Mitigation Measure Monitoring Phase/Timing Monitoring Procedure Implementing Party/Agency Verification of Compliance Initials Date Remarks project’s fair-share contribution. Since this is a County facility and a County encroachment permit will be re quired, it is prudent to have the developer provide a fair-share contribution, in lieu of construction. Details as to fair-share amount, schedule for payment of fair- share contribution, or construction, shall be established in a subsequent agreement. It is estimated that the fair share contribution will be based on 2.5% of cumulative project trips passing through this intersection. The estimated cost of the improvement is $788,118 in 2015 TIF dollars. The developer’s fair-share cost is estimated at $19,703. 7.2 p. 105 of 332 Page 1 of 5 City of Gilroy STAFF REPORT Agenda Item Title:Award a Contract to McKim Corporation for the FY23 Annual CDBG Sidewalk/Curb Ramp Project No. 23- PW-279 and Approve a Project Expenditure of $271,205 Meeting Date:March 6, 2023 From:Jimmy Forbis, City Administrator Department:Public Works Submitted By:Daryl Jordan, Public Works Director Prepared By:Marco Martinez, Engineer I STRATEGIC PLAN GOALS Maintain and Improve City Infrastructure RECOMMENDATION a) Award a contract to McKim Corporation in the amount of $246,550 for the construction of the FY23 Annual CDBG Sidewalk/Curb Ramp Project No. 23-PW- 279 and authorize the City Administrator to execute the contract and associated documents; and b) Approve a contingency amount of $24,655 to be expended only with approved change orders for a maximum project expenditure of $271,205. EXECUTIVE SUMMARY The City receives Community Development Block Grant (CDBG) Program funds from the U.S. Department of Housing and Urban Development (HUD). Eligible activities that can be funded under Capital Improvements include annual curb ramp and sidewalk improvements, principally within low- and moderate-income neighborhoods. For this reason the FY23 Annual CDBG Sidewalk/Curb Ramp Project (the Project), No. 23-PW- 279, was created. The Project will upgrade curb ramps that are not in compliance with the Americans with Disabilities Act (ADA). The CDBG capital improvement allocation for the Project was approved previously by the City Council through the FY 2021-22 CDBG allocation of $70,592 and FY 2022-23 8.1 p. 106 of 332 Award a Contract to McKim Corporation for the FY23 Annual CDBG Sidewalk/Curb Ramp Project No. 23-PW-279 and Approve a Project Expenditure of $271,205 City of Gilroy City Council Page 2 of 5 March 6, 2023 CDBG allocation of $145,090. The Annual Action Plans identified the sidewalk and curb ramp project as public improvements that create safe pedestrian pathways in low- and moderate-income neighborhoods. Staff advertised the Project in the San Jose Mercury News and on the City’s website and received two bids. After a successful bid opening, staff recommends awarding a contract to the lowest bidder, McKim Corporation, in the amount of $246,550. In addition, staff recommends approval of a contingency in an amount not to exceed $24,655. Including the base bid amount and contingency, Council is requested to approve a maximum expenditure of $271,205 to construct the Project. Staff identified unspent prior year resources from CDBG funds that can be used to fund the overage that exists due to the bid being higher than the Engineer’s Estimate. The entire Project will be funded through grant money received from the CDBG Program. BACKGROUND The City is a designated ”entitlement” jurisdiction participating in the U.S. Department of Housing and Urban Development’s (HUD) Community Development Block Grant (CDBG) Program. This classification as an ”entitlement” jurisdiction allows the City to receive an annual allocation of CDBG funds. The City is required to spend a minimum amount of these funds each year. The City is also required to submit an Annual Action Plan (Plan) which identifies specific projects/activities within that fiscal/program year. Community Development Department and Public Works Department staff collaborated to identify projects that qualify as defined by HUD. The City receives Community Development Block Grant (CDBG) Program funds from the U.S. Department of Housing and Urban Development (HUD). Eligible activities that can be funded under Capital Improvements include, among others, the annual curb ramp and sidewalk improvements, principally within low- and moderate-income neighborhoods. For this reason, the FY23 Annual CDBG Sidewalk/Curb Ramp Project (the Project), No. 23-PW-279, was created. The Project will upgrade curb ramps that are not in compliance with the Americans with Disabilities Act (ADA). The CDBG capital improvement allocation for the Project was approved previously by the City Council through the FY 2021-22 CDBG allocation of $70,592 and FY 2022-23 CDBG allocation of $145,090. The Annual Action Plans identified the sidewalk and curb ramp project as public improvements that create safe pedestrian pathways in low- and moderate-income neighborhoods. Staff identified unspent prior year resources from CDBG allocations that can be used to fund the entire Project. ANALYSIS Staff advertised the Project in the San Jose Mercury News and on the City’s website and received two bids. After a successful bid opening, staff recommends awarding a contract to the lowest bidder, McKim Corporation, in the amount of $246,550. In addition, staff recommends approval of a contingency in an amount not to exceed $24,655. Including the base bid amount and contingency, Council is requested to 8.1 p. 107 of 332 Award a Contract to McKim Corporation for the FY23 Annual CDBG Sidewalk/Curb Ramp Project No. 23-PW-279 and Approve a Project Expenditure of $271,205 City of Gilroy City Council Page 3 of 5 March 6, 2023 approve a maximum expenditure of $271,205 to construct the Project. The Project will be funded through grant money received from the CDBG Program. Staff identified and prioritized work for infrastructure improvements based on the following criteria: 1. Upgrading existing curb ramps on streets to be resurfaced or rehabilitated in upcoming pavement rehabilitation projects. 2. Closing sidewalk gaps that may be present on the streets to be resurfaced or rehabilitated in upcoming pavement rehabilitation projects. 3. Construction of new curb ramps. Title II of the ADA requires state and local governments to provide ADA-compliant curb ramps along pedestrian routes in the public right of way whenever streets are altered. Alterations include reconstruction, rehabilitation, resurfacing, and widening. Based on the Engineer’s Estimate, it was anticipated that there would be enough CDBG funds to upgrade a total of twenty-three curb ramps in FY23. Therefore, staff identified twenty-three locations that would require curb ramp removal and replacement, new construction, or retrofitting due to the FY23 Annual Citywide Pavement Rehabilitation Project. The Project includes ADA curb ramp improvements at the following locations: 1.La Paloma Way / Chiesa Drive Southwest and Southeast Corners 2.Welburn Avenue/ Carmel Street Northwest, Southwest and Northeast Corners 3.El Cerrito Way / Glenwood Drive Northeast and Northwest Corners 4.Welburn Avenue / Glenwood Drive Southeast and Southwest Corners 5.El Toro Drive / Hanna Street Northeast and Southeast Corners 6.El Toro Drive / La Coche Way Northeast and Southeast Corners 7.Hanna Street / Welburn Avenue Northwest and Southwest 8.Hanna Street / Sherwood Drive All Four Corners 8.1 p. 108 of 332 Award a Contract to McKim Corporation for the FY23 Annual CDBG Sidewalk/Curb Ramp Project No. 23-PW-279 and Approve a Project Expenditure of $271,205 City of Gilroy City Council Page 4 of 5 March 6, 2023 9.Hanna Street / Arnold Drive All Four Corners On February 3, 2023, staff advertised the Project in the San Jose Mercury News and on the City’s website with a bid opening date of February 23, 2023. One addendum was issued for this bid on February 13, 2023. Staff received two bids for the Project. A summary of the bid results is shown below: RANK COMPANY NAME TOTAL BID AMOUNT 1 McKim Corporation $246,550.00 2 Golden Bay Construction $341,943.00 The lowest responsive bidder is McKim Corporation with a total bid of $246,550. The Engineer’s Estimate was $195,870. The lowest bid is 26% higher than the Engineer’s Estimate. The bid is higher than the Engineer’s Estimate due to unforeseen concrete material cost increases. Staff recommends awarding the construction contract to McKim Corporation for the following reasons: 1. The Project is time sensitive. Not awarding this contract may jeopardize the allocation of future CDBG funds from HUD due to not utilizing funds in a timely manner. 2. The curb ramp improvements are along streets that will be resurfaced in FY23 using Gas Tax, Vehicle Registration Fee, SB-1, and Measure B funding. Streets that are resurfaced are required to have their associated curb ramps upgraded. Upgrading the curb ramps along these streets in advance of the paving project will allow more of these funds to be spent on paving the City’s streets. Staff anticipates construction of the Project to begin in March 2023 and to be completed in May 2023. ALTERNATIVES The alternative to the staff recommendations is to reject all bids. Staff does not recommend this option as this will jeopardize the allocation of future CDBG funds from HUD due to not utilizing funds in a timely manner. FISCAL IMPACT/FUNDING SOURCE Staff recommends award of the contract in the amount of $271,205. The City receives Community Development Block Grant (CDBG) Program funding annually from the United States Department of Housing and Urban Development (HUD). The funding for this Project is through the City’s previously approved FY 2021-22 CDBG allocation and 8.1 p. 109 of 332 Award a Contract to McKim Corporation for the FY23 Annual CDBG Sidewalk/Curb Ramp Project No. 23-PW-279 and Approve a Project Expenditure of $271,205 City of Gilroy City Council Page 5 of 5 March 6, 2023 FY 2022-23 CDBG allocation, and prior year resources that are still available in the CDBG program. The funds will be expended in the City’s CDBG fund (Fund 245). There are sufficient budgetary appropriations available to accommodate this project’s expenditure. No additional appropriations are needed at this time. PUBLIC OUTREACH Outreach material will be provided via the City’s social media channels and E-mail Express to ensure the public is aware of the Project. The contractor also will be notifying nearby residents twice; both two weeks and 48 hours in advance of construction. NEXT STEPS Upon Council’s approval of this contract, the contract will be executed, and Staff will work with the contractor to develop a final construction schedule to begin construction in March 2023. Attachments: 1. McKim Contractor – Agreement 2. 23-PW-279 Plans 8.1 p. 110 of 332 8.1 p. 111 of 332 8.1 p. 112 of 332 8.1 p. 113 of 332 8.1 p. 114 of 332 8.1 p. 115 of 332 8.1 p. 116 of 332 8.1 p. 117 of 332 8.1 p. 118 of 332 8.1 p. 119 of 332 8.1 p. 120 of 332 8.1 p. 121 of 332 8.1 p. 122 of 332 8.1 p. 123 of 332 8.1 p. 124 of 332 8.1 p. 125 of 332 8.1 p. 126 of 332 8.1 p. 127 of 332 8.1 p. 128 of 332 8.1 p. 129 of 332 8.1 p. 130 of 332 8.1 p. 131 of 332 8.1 p. 132 of 332 8.1 p. 133 of 332 8.1 p. 134 of 332 8.1 p. 135 of 332 8.1 p. 136 of 332 8.1 p. 137 of 332 8.1 p. 138 of 332 8.1 p. 139 of 332 8.1 p. 140 of 332 FIRST STGARY STPIERCE STARNOLD DRSHERWOOD DRWAYLAND LNBROADWAY STSARGENT ST CARMEL STLA SIERRA WYEL CERRITO WYEL CERRITO WYGLENWOOD DREL TORO WAYDORIS CTDIANE CTDAVID CTEAST CTGURRIES DRWILLARD CTLA ALONDRA WYCHIESA DR LA PALOMA WYLAS ANIMAS CTLA SIERRA WYEL CERRITO WYWELBURN AVELA COCHE WYWELBURN AVEWELBURN AVECARMEL STHANNA STHANNA STEL TORO DRWAYLAND LNEL CERRITO WYCHURCH STWREN AVE WELBURN AVECHURCH STWREN AVEWREN AVEEL CERRITO WYWELBURN AVEWELBURN AVEFY23 ANNUAL CDBG SIDEWALK/CURB RAMP PROJECTNO. 23-PW-279THE CONTRACTOR SHALL BE RESPONSIBLE FOR VERIFYING SIZES, DEPTHS, ANDLOCATIONS OF ALL UTILITIES PRIOR TO PROCEEDING WITH ANY WORK. ANYCHANGES TO THESE PLANS AND SPECIFICATIONS SHALL BE APPROVED BY THEENGINEER.CONTRACTOR SHALL NOTIFY USA (UNDERGROUND SERVICE ALERT) AT 811 OR1-800-642-2444, A MINIMUM OF 48 HOURS BEFORE BEGINNING ANY EXCAVATIONS.WELBURN AVEWREN AVE8.1p. 141 of 332 General Notes1.THE ENGINEER ASSUMES NO RESPONSIBILITY BEYOND ADEQUACY OF THE DESIGNCONTAINED HEREIN2.CONTRACTOR AGREES TO ASSUME SOLE AND COMPLETE RESPONSIBILITY FOR JOB SITECONDITIONS DURING THE COURSE OF CONSTRUCTION OF THIS PROJECT, INCLUDINGSAFETY OF ALL PERSONS AND PROPERTY. THIS REQUIREMENT SHALL APPLYCONTINUOUSLY AND NOT BE LIMITED TO NORMAL WORKING HOURS AND THECONTRACTOR SHALL DEFEND, INDEMNIFY AND HOLD THE OWNER AND ENGINEERHARMLESS FROM ANY AND ALL LIABILITY, REAL OR ALLEGED, IN CONNECTION WITH THEPERFORMANCE OF WORK ON THIS PROJECT, EXCEPT FOR LIABILITY ARISING FROM THESOLE NEGLIGENCE OF THE OWNER OR ENGINEER.3.IT IS THE RESPONSIBILITY OF THE CONTRACTOR TO OBTAIN PERMITS NECESSARY TOPERFORM THE IMPROVEMENTS IN THESE PLANS FROM THE APPROPRIATE AGENCIESAND TO COMPLY WITH THE CITY'S REQUIREMENTS. THE CONTRACTOR MUST COMPLYWITH ALL LOCAL, STATE, AND FEDERAL LAWS.4.THE CONTRACTOR SHALL PROVIDE ALL LIGHTS, SIGNS, BARRICADES, FLAGGERS, OROTHER DEVICES NECESSARY TO PROVIDE FOR PUBLIC SAFETY AND WORKER SAFETY INACCORDANCE WITH LATEST CALTRANS, CA MUTCD, AND CAL-OSHA SPECIFICATIONS.5.IF ANY CULTURAL FEATURES OR ARCHAEOLOGICAL MATERIALS ARE UNCOVEREDDURING GRADING, TRENCHING, OR OTHER EXCAVATION WORK, ALL WORK WITHIN ONEHUNDRED (100) FEET OF THESE MATERIALS SHALL BE STOPPED UNTIL A PROFESSIONALARCHAEOLOGIST CERTIFIED BY THE REGISTER OF PROFESSIONAL ARCHAEOLOGISTS(RPA) AND/OR SOCIETY FOR CALIFORNIA ARCHAEOLOGY (SCA) HAS HAD ANOPPORTUNITY TO EVALUATE THE SIGNIFICANCE OF THE FIND AND APPROPRIATEMITIGATION MEASURES ARE DETERMINED AND IMPLEMENTED.6.THE CONTRACTOR IS RESPONSIBLE FOR HAVING A COMPLETE AND CURRENT COPY OFTHE APPROVED PLAN ON THE JOB SITE AT ALL TIMES.7.THE CONTRACTOR SHALL BE HELD RESPONSIBLE FOR ANY FIELD CHANGES MADEWITHOUT WRITTEN AUTHORIZATION FROM THE CITY.8.THE CONTRACTOR SHALL BE RESPONSIBLE FOR MATCHING EXISTING STREETS,SURROUNDING LANDSCAPE, AND ALL OTHER EXISTING CONDITIONS WITH A SMOOTHTRANSITION IN PAVING, CURBS, GUTTERS, SIDEWALKS, GRADING, ETC., AND TO AVOIDANY ABRUPT OR APPARENT CHANGES IN GRADES OR CROSS SLOPES, LOW SPOTS, ANDHAZARDOUS CONDITIONS.9.THE CONTRACTOR SHALL BE RESPONSIBLE TO IDENTIFY THE EXACT LOCATION OFSURFACE UTILITIES. THIS IDENTIFICATION SHALL BE VERIFIED AND COORDINATED BYTHE CONTRACTOR WITH THE APPROPRIATE UTILITY COMPANY AS REQUIRED. CALL U.S.A(UNDERGROUND SERVICE ALERT) FOR UTILITY LOCATION QUESTIONS AT LEAST 48HOURS BEFORE DIGGING. PHONE 1-800-642-2444 (OR DIAL 811)10.CONTRACTOR SHALL PROVIDE A TWO (2) WEEK ADVANCE NOTICE AND 48 HOURADVANCE NOTICE TO PROPERTY OWNERS AND RESIDENTS PRIOR TO COMMENCINGCONSTRUCTION WORK. NOTIFICATION TO BE BY LETTER AND SHALL BE APPROVED BYTHE ENGINEER.11.TRAFFIC CONTROL SHALL BE PERFORMED IN ACCORDANCE WITH THE REQUIREMENTSOF THE LATEST "CALIFORNIA MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES"PUBLISHED BY CALTRANS, AND AS REQUIRED IN THE PROJECT SPECIFICATION.12.THE CONTRACTOR SHALL SUBMIT A PROPOSED HAUL ROUTE AND SHALL NOT BEGINHAULING UNTIL RECEIVING WRITTEN APPROVAL OF THE PROPOSED HAUL ROUTE FROMTHE CITY.13.PROPOSED IMPROVEMENTS IDENTIFIED HEREIN SHALL BE SUPPLEMENTED BY THELATEST EDITIONS OF THE CITY STANDARD PLANS AND SPECIFICATIONS AND CALTRANSPLANS AND SPECIFICATIONS.14.DUST CONTROL - THE CONTRACTOR SHALL CONTROL DUST TO THE MAXIMUM EXTENTPRACTICABLE. MEETING OR EXCEEDING REQUIREMENTS ESTABLISHED BY THE BAYAREA AIR QUALITY MANAGEMENT DISTRICT, AND AS REQUIRED IN THE PROJECTSPECIFICATIONS.15.SAFETY MEASURES - AT ALL TIMES, INCLUDING NON-WORKING HOURS, THECONTRACTOR SHALL BE SOLELY AND COMPLETELY RESPONSIBLE FOR CONDITIONS OFTHE JOB SITE, CONTRACTOR'S OPERATIONS AND/OR MATERIALS AND EQUIPMENTSTORED IN THE STAGING AREAS, INCLUDING SAFETY OF PERSONS AND PROPERTY, ANDFOR ALL NECESSARY INDEPENDENT ENGINEERING REVIEW OF THE CONDITIONS. THEENGINEER'S JOB SITE REVIEW IS NOT INTENDED TO INCLUDE REVIEW OF THE ADEQUACYOF THE CONTRACTOR'S SAFETY MEASURES.16.CONTRACTOR SHALL BE RESPONSIBLE FOR PREPARING A WPCP FOR APPROVAL BY THEENGINEER. CONTRACTOR SHALL IMPLEMENT THE WPCP THROUGHOUT THE DURATIONOF THE PROJECT, AND AS REQUIRED IN THE PROJECT SPECIFICATIONS.17.ALL EXISTING CURBS, GUTTERS, SIDEWALKS, AND DRIVEWAYS THAT ARE TO BERECONSTRUCTED SHALL BE REPLACED WITHIN FIVE (5) CALENDAR DAYS AFTER THEIRREMOVAL, UNLESS OTHERWISE APPROVED BY THE ENGINEER.18.THE CITY MUST APPROVE CONCRETE FORMS BEFORE THE POURING OF CONCRETE.CONCRETE POURED PRIOR TO APPROVAL IS SUBJECT TO REJECTION AND REMOVAL.19.CURB RAMPS SHALL BE REPLACED BY SAWCUTTING ALONG SCORE MARKS, THENREMOVING AND REPLACING THE ENTIRE WIDTH OF THE SIDEWALK OVER 4" AGGREGATEBASE AND INSTALLING NO. 4 DOWELS (6" MINIMUM AND 9" MAXIMUM LENGTH) AT 3' ONCENTERS. THE DOWELS ARE TO BE DRILLED 3" INTO THE EXISTING CURB AND REMAININGSIDEWALK AND EPOXIED INTO PLACE.20.IF THERE ARE TREE ROOTS PRESENT AT LOCATIONS WHERE CONCRETE REPAIRS ARESPECIFIED, CONTRACTOR SHALL OBTAIN APPROVAL FROM THE ENGINEER PRIOR TOCUTTING, PRUNING, OR REMOVING TREE ROOTS WHILE PERFORMING CONCRETEREPAIRS. CONTRACTOR SHALL APPLY ROOT CONTROL BARRIERS PRIOR TO PLACINGNEW CONCRETE. BUS STOPS21.CONTRACTOR SHALL CONTACT THE VTA GENERAL BUS STOP HOTLINE AT (408) 321-5800OR VIA EMAIL AT BUS.STOP@VTA.ORG TO COORDINATE IMPACTS TO VTA BUS STOPS.CONTRACTOR SHALL PROVIDE NATURE OF IMPACT AND ESTIMATED NUMBER OFWORKING DAYS. CONTRACTOR MAY BE REQUIRED TO CONSTRUCT TEMPORARYIMPROVEMENTS TO ACCOMMODATE RELOCATING THE BUS STOPS. GARBAGE COLLECTION22.FOR ANY WORK ON OR ADJACENT TO GARBAGE AND RECYCLING COLLECTION ROUTES,THE CONTRACTOR SHALL ALLOW GARBAGE TRUCKS TO SAFELY PASS THROUGH THECONTRACTOR'S SITE AT ALL TIMES, UNLESS AN EXCEPTION IS GRANTED BY THEENGINEER. CONTRACTOR SHALL NOTIFY RECOLOGY (408-842-3358) PRIOR TOCOMMENCING CONSTRUCTION OF WORK WITHIN THE COLLECTION SITE. DRIVEWAY ACCESS23.THE CONTRACTOR SHALL MAINTAIN INGRESS AND EGRESS OF PRIVATE PROPERTYADJACENT TO THE WORK THROUGHOUT THE PERIOD OF CONSTRUCTION. MAIL SERVICE24.THE CONTRACTOR SHALL CONTACT USPS AT (408-842-1354) TO COORDINATE IMPACTSTO MAIL SERVICE. SITE RESTORATION25.EXISTING LANDSCAPING WITHIN THE AREA OF WORK SHALL BE CAREFULLY REMOVEDAND REPLACED IN KIND WITH MINIMAL DAMAGE, LANDSCAPE SOIL SHALL BE REPLACEDWHEN DIRECTED BY THE ENGINEER WITH BACKFILL MIX PER THE STATED STANDARDSPECIFICATIONS UNLESS OTHERWISE DIRECTED BY THE ENGINEER.26.THE CONTRACTOR SHALL RETURN THE PRIVATE YARDS, SIDEWALKS, PLANTERS,IRRIGATION SYSTEMS, AND OTHER FACILITIES, PUBLIC OR PRIVATE, DISTURBED BY THEWORK TO THE SAME OR BETTER CONDITION THAT EXISTED PRIOR TO COMMENCEMENTOF THE WORK. THE CONTRACTOR SHALL MAKE A REASONABLE EFFORT TO RESTOREEACH PRIVATE YARD DISTURBED BY THE WORK WITHIN ONE WEEK AFTER THE WORK ISCOMPLETE ON THE SAME YARD EXCEPT WHERE THE CITY'S INSPECTOR AGREES THATFOR CONSTRUCTION REASONS, THE ONE WEEK REQUIREMENT MAY BE EXTENDED.IRRIGATION THAT IS DAMAGED SHALL BE REPAIRED 8.1p. 142 of 332 REMOVE & REPLACECALTRANSCASE A CURB RAMPREMOVE & REPLACECALTRANSCASE A CURB RAMPREMOVE & REPLACECALTRANSCASE A CURB RAMPREMOVE & REPLACECALTRANSCASE A CURB RAMPREMOVE & REPLACECALTRANSCASE A CURB RAMPREMOVE & REPLACECALTRANSCASE CM (MODIFIEDCURB RAMP)REMOVE & REPLACECALTRANSCASE A CURB RAMPREMOVE & REPLACECALTRANSCASE CM (MODIFIED)CURB RAMPREMOVE & REPLACECALTRANSCASE CM (MODIFIED)CURB RAMPREMOVE & REPLACECALTRANSCASE CM (MODIFIED)CURB RAMPRETROFIT EXISTINGCURB RAMP8.1p. 143 of 332 Page 1 of 5 City of Gilroy STAFF REPORT Agenda Item Title:Architectural and Site Review Permit to amend the Plaza Allium sign program, located on property at the northeast corner of Tenth Street and Chestnut Street, Application No. AS 22-24 Meeting Date:March 6, 2023 From:Jimmy Forbis, City Administrator Department:Community Development Submitted By:Sharon Goei, Community Development Director Prepared By:Kraig Tambornini, Senior Planner STRATEGIC PLAN GOALS Promote Economic Development Activities RECOMMENDATION Staff has analyzed the proposed project and recommends that the City Council take the following actions: a) Determine pursuant to CEQA Guidelines Section 15162, that the proposed amendment to the approved sign program is adequately assessed by the Mitigated Negative Declaration (MND) (SCH # 2021060521) adopted for the commercial development project on September 20, 2021, and that no subsequent environmental review shall be required, based on its independent analysis. b) Adopt a resolution to approve the proposed sign program amendment AS 22-24. PROJECT DESCRIPTION The developer requests a revision to the sign program standards approved for the Plaza Allium, a planned unit development (PUD) commercial shopping center, in order to better address visibility issues discovered during further field study. The specific changes are as follows: 9.1 p. 144 of 332 Architectural and Site Review Permit to amend the Plaza Allium sign program, located on property at the northeast corner of Tenth Street and Chestnut Street, Application No. AS 22-24 City of Gilroy Page 2 of 5 March 6, 20237 4 2 •Increase the allowed height of the pylon sign from 75 feet to 80 feet to improve freeway visibility. •Compact the sign panel with a 4-foot increase in overall width, from 30 feet to 34 feet, and reduced sign area from 720 square feet to 515 square feet. No other changes are proposed. Documents provided in support of this request are included as exhibits to the attached Planning Commission staff report. BACKGROUND On September 20, 2021, City Council approved redevelopment of the subject property as a commercial planned unit development C3-PUD rezoning (AS 20-14). The shopping center complex approval includes a hotel and several retail shops, and adoption of site- specific development standards for the buildings and signage. The sign program was approved with the following deviations from the Zoning Code standards: 1. Deviation to allow one of the two monument signs (“M1”) at 16 feet in height instead of 14 feet. 2. Freeway pylon sign (P1) sign area of 720 square feet, instead of the standard maximum 330 square feet permitted by code. Environmental Assessment: On September 20, 2021, the City Council adopted a mitigated negative declaration for the commercial development project (SCH # 2021060521), which included the installation of a 75-foot high freeway pylon sign. The revisions represent a 6.7-percent increase in height and an overall reduction in sign area. No environmental issues were identified with the pylon signage, which is comparable to existing signage installed along the freeway. Thus, the proposed amendment to the sign height is considered adequately addressed by the existing Initial Study/Mitigated Negative Declaration (IS/MND) prepared for the project. Pursuant to CEQA, no further environmental review is required. California Environmental Quality Act (CEQA) Guidelines Section 15162 provide, when a negative declaration has been adopted for a project, that no subsequent environmental document shall be required unless the lead agency makes certain determinations based on substantial evidence in the light of the whole record. As noted in the Planning Commission staff report, these determinations do not apply to the requested amendment. 9.1 p. 145 of 332 Architectural and Site Review Permit to amend the Plaza Allium sign program, located on property at the northeast corner of Tenth Street and Chestnut Street, Application No. AS 22-24 City of Gilroy Page 3 of 5 March 6, 20237 4 2 ANALYSIS General Plan Consistency: General Plan policy LU 8.7 Signs and Billboards requires signs to be located to respect the surrounding context in order to minimize any negative impact on the visual environment. No other policies have been identified that would be relevant to this request. The sign would maintain the design qualities required under the sign program, and as such is considered to remain in compliance with this policy. The sign would have a minimal change in anticipated visual impact and results in an overall reduction in sign area. Zoning Code Conformance: Pursuant to Gilroy Municipal Code Section 30.50.50.g, the Community Development Director may only approve modifications to an approved PUD if they conform to the requirements of the underlying zoning district. In this case, the zoning district permits a maximum pylon sign height of 75 feet. Therefore, approval of the modified Sign Program standards requires review by the Planning Commission and approval by the City Council. The original PUD permit review criteria (Section 30.50.43) and findings (Section 30.50.50.d) would apply to the amendment. The amendment continues to meet the signage criteria, as follows: (1) Potential traffic hazards. The increased sign size would not create any traffic hazards. (2) Appearance. The sign design details would remain unchanged, to conform to the PUD design standards. (3) Harmony with adjacent development. Considering the location of the sign with respect to the freeway frontage, the pylon sign would be visually comparable to the 65-foot tall signs located along the freeway at Gilroy Crossing to the east and shopping center to the south, as well as the 90-foot tall Garlic Farm signage at Monterey and US 101. (4) Favorable image of the city. The signage would not result in a significant change in the approved height and maintains the high-quality design consistent with approved criteria. (5) Number, area, bulk, shape, height, location, separation, clearance, projection, illumination, color and landscaping of such signs. The sign location would maximize its visibility while reducing overall sign area, which serves to reduce the bulk and mass of proposed signage. No other changes are proposed with respect to design. Based on this review, staff concludes the findings for a PUD amendment can be supported based on the following: 1. The amendment conforms to the Gilroy general plan in terms of general location and standards of development given that the scale remains comparable to other 9.1 p. 146 of 332 Architectural and Site Review Permit to amend the Plaza Allium sign program, located on property at the northeast corner of Tenth Street and Chestnut Street, Application No. AS 22-24 City of Gilroy Page 4 of 5 March 6, 20237 4 2 nearby pylon signage and the design quality is preserved, thus would remain consistent with Policy LU 8.7. 2. The amended signage would continue to support retail development that fills a specific need of the surrounding area. 3. The amended signage would continue to provide a harmonious, integrated plan and together with reduced sign massing, justifies the 5 foot height increase above the normal requirements of the Zoning Code. 4. The minor increase in height, and reduction in sign area, would not create adverse effects on surrounding areas. 5. The sign modification would not create any potential traffic hazards, would maintain a high-quality appearance, remains in harmony with the development, presents a favorable image of the city and promotes a high quality, well designed sign that is in scale with the project and in keeping with similar signage along the freeway. 6. The amendment remains in conformance with the planned unit development approval. Technical Advisory Committee (TAC): Plans were routed to Engineering, Building, Police, and Fire representatives for internal review and comment and no issues were identified. ALTERNATIVES The City Council may deny the requested amendment in which case the applicant can proceed with development under the current approval. Staff does not recommend this alternative. FISCAL IMPACT/FUNDING SOURCE There is no fiscal impact associated with the adoption of the Resolution. The applicant has paid the fees associated with the application. PUBLIC OUTREACH Property owner information (i.e. list, labels, and map) within 500 feet of the subject site were generated using current ownership data. On or before February 17, 2023, notices of this City Council meeting were mailed to the property owners along within other interested parties. In addition, the property has been posted with on-site signage notifying passers-by of pending development, published in the Gilroy Dispatch, and the City Council public hearing packets are available through the City's webpage. NEXT STEPS If approved the applicant may proceed with the project as amended. 9.1 p. 147 of 332 Architectural and Site Review Permit to amend the Plaza Allium sign program, located on property at the northeast corner of Tenth Street and Chestnut Street, Application No. AS 22-24 City of Gilroy Page 5 of 5 March 6, 20237 4 2 Attachments: 1. Vicinity Map 2. Planning Commission Report and Attachments 3. Planning Commission Resolution 4. Mitigated Negative Declaration (Link) 5. City Council Resolution (Draft) 9.1 p. 148 of 332 9.1 p. 149 of 332 9.1 p. 150 of 332 9.1 p. 151 of 332 9.1 p. 152 of 332 9.1 p. 153 of 332 9.1 p. 154 of 332 9.1 p. 155 of 332 9.1 p. 156 of 332 9.1 p. 157 of 332 9.1 p. 158 of 332 9.1 p. 159 of 332 9.1 p. 160 of 332 9.1 p. 161 of 332 9.1 p. 162 of 332 9.1 p. 163 of 332 9.1 p. 164 of 332 9.1 p. 165 of 332 9.1 p. 166 of 332 9.1 p. 167 of 332 9.1 p. 168 of 332 9.1 p. 169 of 332 9.1 p. 170 of 332 9.1 p. 171 of 332 9.1 p. 172 of 332 9.1 p. 173 of 332 9.1 p. 174 of 332 9.1 p. 175 of 332 9.1 p. 176 of 332 9.1 p. 177 of 332 9.1 p. 178 of 332 9.1 p. 179 of 332 9.1 p. 180 of 332 9.1 p. 181 of 332 9.1 p. 182 of 332 9.1 p. 183 of 332 9.1 p. 184 of 332 9.1 p. 185 of 332 9.1 p. 186 of 332 9.1 p. 187 of 332 9.1 p. 188 of 332 9.1 p. 189 of 332 9.1 p. 190 of 332 9.1 p. 191 of 332 9.1 p. 192 of 332 9.1 p. 193 of 332 9.1 p. 194 of 332 9.1 p. 195 of 332 9.1 p. 196 of 332 9.1 p. 197 of 332 9.1 p. 198 of 332 9.1 p. 199 of 332 9.1 p. 200 of 332 9.1 p. 201 of 332 9.1 p. 202 of 332 9.1 p. 203 of 332 9.1 p. 204 of 332 9.1 p. 205 of 332 9.1 p. 206 of 332 9.1 p. 207 of 332 9.1 p. 208 of 332 9.1 p. 209 of 332 9.1 p. 210 of 332 9.1 p. 211 of 332 9.1 p. 212 of 332 9.1 p. 213 of 332 9.1 p. 214 of 332 9.1 p. 215 of 332 9.1 p. 216 of 332 9.1 p. 217 of 332 9.1 p. 218 of 332 9.1 p. 219 of 332 9.1 p. 220 of 332 9.1 p. 221 of 332 9.1 p. 222 of 332 9.1 p. 223 of 332 9.1 p. 224 of 332 9.1 p. 225 of 332 9.1 p. 226 of 332 9.1 p. 227 of 332 9.1 p. 228 of 332 9.1 p. 229 of 332 9.1 p. 230 of 332 9.1 p. 231 of 332 9.1 p. 232 of 332 9.1 p. 233 of 332 9.1 p. 234 of 332 9.1 p. 235 of 332 9.1 p. 236 of 332 9.1 p. 237 of 332 9.1 p. 238 of 332 9.1 p. 239 of 332 9.1 p. 240 of 332 9.1 p. 241 of 332 9.1 p. 242 of 332 9.1 p. 243 of 332 9.1 p. 244 of 332 9.1 p. 245 of 332 9.1 p. 246 of 332 9.1 p. 247 of 332 9.1 p. 248 of 332 9.1 p. 249 of 332 9.1 p. 250 of 332 1 RESOLUTION NO. 2023-02 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GILROY RECOMMENDING TO THE CITY COUNCIL APPROVAL OF AN AMENDMENT TO THE PLAZA ALLIUM PUD SIGN PROGRAM FOR PROPERTY LOCATED AT 450 E NINTH STREET, CHESTNUT STREET AND E TENTH STREET/AUTOMALL PARKWAY, APN: 841-66-36, 37, 38 AND 39 (FILE NUMBER AS 22-24) WHEREAS, On October 18, 2022 an application was filed by Evergreen 10th and Chestnut LLC proposing to amend the commercial planned unit development sign program standards adopted for the subject site under original approval AS 20-14; and WHEREAS, On September 20, 2021, an initial study/mitigated negative declaration was certified as the environmental document for the project, in compliance with the California Environmental Quality Act; and WHEREAS, the Planning Commission held a duly noticed public meeting on February 2, 2023, at which time the Planning Commission received and considered the staff report as well as all evidence received including written and oral public testimony related to the project; and WHEREAS, the location and custodian of the documents or other materials which constitute the record of proceedings upon which the project approval is based is the Community Development Department, Planning Division. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Gilroy hereby makes the following findings, consistent with Municipal Code Section 30.50.50 (Planned Development Approval), in support of AS 22-24, amending sign program standards established by Planned Unit Development approval AS 20-14: FINDINGS 1. The findings for PUD approval AS 20-14 in Resolution No 2021-53 remain valid with the amendment to the PUD sign standards, based on the additional findings made below. 2. The amendment as proposed and conditioned conforms to the Gilroy general plan in terms of general location and standards of development, as the modification maintains the same design quality, scale and appearance from the freeway, thus remains consistent with Policy LU 8.7. 3. The amendment continues to support the retail commercial development approved for the site which fills the specific need of the area. 4. The signage would continue to provide a harmonious, integrated plan and together with DocuSign Envelope ID: EE5AB506-BE8A-4F02-BADA-183F1C382AA6 9.1 p. 251 of 332 Resolution No. 2023-02 Page 2 the reduction in the overall sign area, justifies a 5 foot height increase above the normal Zoning standards. 5. The minor increase in height, and reduction in sign area, would not create adverse effects on surrounding areas. The sign modification would not create any potential traffic hazards, would maintain a high quality appearance, remains in harmony with the development, presents a favorable image of the city and promotes a high quality, well design sign that is in scale with the project and in keeping with similar signage along the freeway. 6. The amendment conforms to the intent of the original planned unit development approval. 7. Pursuant to CEQA Guidelines Section 15162, the Planning Commission determines that the project is covered by the Mitigated Negative Declaration prepared for the shopping center planned unit development project (SCH#2021060521), and that no subsequent environmental document shall be required, given that substantial evidence in the record demonstrates none of the determinations that would exclude the project from coverage by Section 15162 are applicable. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission of the City of Gilroy hereby recommends to the City Council approval of AS 22-24, subject to the following condition:  AS 20-20 Condition of approval No. 1 is amended to note that Sheet 11 (Pylon Sign) of the Comprehensive Sign Plan, dated 3.16.2021 prepared by Bootz & Duke, shall be replaced with the revised Sheet 11 allowing a Pylon Sign with a maximum height of 80 feet, maximum overall width of 34 feet, and sign area of 515 square feet. PASSED AND ADOPTED this 2nd day of February, 2023 by the following roll call vote: AYES: Elle, Kushner, Leongardt, Lewis, Montez, Ramirez, Chair Bhandal NOES: None ABSTAIN: None ABSENT: None ATTEST: APPROVED: _________________________________ __________________________________ Sharon Goei, Secretary Manny Bhandal, Chairperson DocuSign Envelope ID: EE5AB506-BE8A-4F02-BADA-183F1C382AA6 9.1 p. 252 of 332 Project AS 22-24 Attachment: Link to MND SCH # 2021060521 1. Click: https://www.cityofgilroy.org/298/Development-Activity-Projects 2. Select the 10th and Chestnut Street Commercial Project from the list of projects 9.1 p. 253 of 332 1 RESOLUTION NO. 2023-__ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY TO APPROVE AN AMENDMENT TO THE PLAZA ALLIUM PUD SIGN PROGRAM FOR PROPERTY LOCATED AT 450 E NINTH STREET, CHESTNUT STREET AND E TENTH STREET/AUTOMALL PARKWAY, APN: 841-66-36, 37, 38 AND 39 (FILE NUMBER AS 22-24) WHEREAS, On October 18, 2022 an application was filed by Evergreen 10th and Chestnut LLC proposing to amend the commercial planned unit development sign program standards adopted for the subject site under original approval AS 20-14; and WHEREAS, On September 20, 2021, an initial study/mitigated negative declaration was certified as the environmental document for the project, in compliance with the California Environmental Quality Act; and WHEREAS, the Planning Commission held a duly noticed public hearing on February 2, 2023, at which time the Planning Commission received and considered the staff report as well as all evidence received including written and oral public testimony related to the project; and WHEREAS, the Planning Commission recommended approval of the project to the City Council by a unanimous vote; and WHEREAS, the City Council held a duly noticed public hearing on March 6, 2023, 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; and WHEREAS, the location and custodian of the documents or other materials which constitute the record of proceedings upon which the project approval is based is the Community Development Department, Planning Division. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby makes the following findings, consistent with Municipal Code Section 30.50.50 (Planned Development Approval), in support of AS 22-24, amending sign program standards established by Planned Unit Development approval AS 20-14: FINDINGS 1. The findings for PUD approval AS 20-14 in Resolution No 2021-53 remain valid with the amendment to the PUD sign standards, based on the additional findings made below. 2. The amendment as proposed and conditioned conforms to the Gilroy general plan in terms of general location and standards of development, as the modification maintains the same design quality, scale and appearance from the freeway, thus remains consistent with Policy LU 8.7. 3. The amendment continues to support the retail commercial development approved for the site which fills the specific need of the area. 9.1 p. 254 of 332 -2- RESOLUTION NO. 2023 - __ 4. The signage would continue to provide a harmonious, integrated plan and together with the reduction in the overall sign area, justifies a 5 foot height increase above the normal Zoning standards. 5. The minor increase in height, and reduction in sign area, would not create adverse effects on surrounding areas. The sign modification would not create any potential traffic hazards, would maintain a high quality appearance, remains in harmony with the development, presents a favorable image of the city and promotes a high quality, well design sign that is in scale with the project and in keeping with similar signage along the freeway. 6. The amendment conforms to the intent of the original planned unit development approval. 7. Pursuant to CEQA Guidelines Section 15162, the Planning Commission determines that the project is covered by the Mitigated Negative Declaration prepared for the shopping center planned unit development project (SCH#2021060521), and that no subsequent environmental document shall be required, given that substantial evidence in the record demonstrates none of the determinations that would exclude the project from coverage by Section 15162 are applicable. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council hereby approves AS 22-24, subject to the following condition: •AS 20-20 Condition of approval No. 1 is amended to note that Sheet 11 (Pylon Sign) of the Comprehensive Sign Plan, dated 3.16.2021 prepared by Bootz & Duke, shall be replaced with the revised Sheet 11 allowing a Pylon Sign with a maximum height of 80 feet, maximum overall width of 34 feet, and sign area of 515 square feet. PASSED AND ADOPTED this 6th day of March, 2023 by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: APPROVED: __________________________ Marie Blankley, Mayor ATTEST: _________________________________ Thai Pham, City Clerk 9.1 p. 255 of 332 Page 1 of 4 City of Gilroy STAFF REPORT Agenda Item Title:Approval of the Updated City of Gilroy Purchasing Policy Meeting Date:March 6, 2023 From:Jimmy Forbis, City Administrator Department:Finance Submitted By:Harjot Sangha, Finance Director Prepared By:Harjot Sangha, Finance Director STRATEGIC PLAN GOALS Develop a Financially Resilient Organization RECOMMENDATION Approve the updated City of Gilroy Purchasing Policy. EXECUTIVE SUMMARY The City placed a ballot measure, also known as Measure D, on the November 8, 2022, general election ballot to amend certain sections of the City’s Charter (“Charter”) relating to the procurement of public projects and modernization of the public noticing and bid solicitation requirements. The results of the general elections were certified on December 8, 2022, and the Measure passed with 72% approval. As a result, staff is returning with the City’s Purchasing Policy (“Policy”) that incorporates the related changes. ANALYSIS The changes to the Charter included the following: 1. Increasing the formal bidding threshold for public projects from $35,000 to be consistent with the California Public Contract Code. a. Policy sections updated: 3.3, 4.2, 4.4, and 4.5 11.1 p. 256 of 332 Approval of the Updated City of Gilroy Purchasing Policy City of Gilroy Page 2 of 4 February 27, 20235 8 6 The California Public Contract Code section 22032 outlines the dollar amount thresholds for formal and informal bidding of Public Projects by local agencies. The Code allows local agencies to bid informally on public projects that cost up to $200,000, with projects with costs more than $200,000 required to be let to contract by formal bidding procedures. The approved Charter amendment attained consistency with these thresholds. Now, the Purchasing Policy is being updated to be consistent. It is important to note that although the formal bidding dollar threshold for public projects is increased to be consistent with the California Public Contract Code (currently $200,000), the dollar threshold authority to award City contracts in the existing purchasing policy will remain the same. The City Council will continue to award purchases or contracts for goods and services, now including public works construction contracts, of $100,000 or more 2. Adding best-value contracting as a procurement option. a. Policy sections updated: 1.1 and 4.5 The City’s existing formal bidding procedures required selecting a public project contractor based exclusively on the lowest responsive and responsible bidder (the lowest price). The approved Charter amendment allows the City to utilize Best Value Contracting (BVC) as a procurement option for public works projects. Using BVC allows selecting a contractor on criteria other than just the price. The additional objective criteria typically consider the contractor’s qualifications and experience, with the cost being an element but not the sole deciding factor. The BVC procurement will utilize the City’s existing formal bidding process for public works projects where bids are solicited, and contractors submit sealed bids with a price proposal. The key difference is that the BVC procurement will require the contractors to submit qualifications and experience information for evaluation. Unlike the current process where the lowest apparent bidder is announced at the bid opening for public projects, under the BVC procurement process, the pricing information will remain sealed until the panel completes scoring the bidder’s qualifications and experience. This ensures the pricing information does not influence the panel’s evaluations. Ultimately, the evaluation criteria established to score qualifications and pricing information is utilized to select the winning contractor. 3. Adding design-build contracting as a procurement option. a. Policy sections updated: 1.1 and 4.2 The City’s existing bidding process requires separate contracting for the two general phases of a public project – design and construction. For example, when developing a public project, the City first contracts with a design firm to design the project plans and specifications. Once 11.1 p. 257 of 332 Approval of the Updated City of Gilroy Purchasing Policy City of Gilroy Page 3 of 4 February 27, 20235 8 6 developed, the City solicits competitive bids from contractors for the project's construction according to the designed plans and specifications. Design-build is a public project procurement method in which a public project's design and construction are bid and procured from a single entity. The approved Charter amendment allows for design-build contracting for public projects equal to or in excess of $1 million, provided the process for competitively selecting a design-build contractor is consistent with the California Public Contract Code. 4. Modernizing the public noticing/bid solicitation rules in the Charter. a. Policy sections updated: 4.5 and 4.6 The existing language for public projects contract procurement required the bids to be published in a newspaper of general circulation in the City. The approved charter amendment expands these provisions to add an electronic publication, publication in a trade journal, and use of a list of qualified contractors as additional options that may be used in addition to, or in-lieu of under certain circumstances, a newspaper of general circulation. In addition, the approved amendment removes the daily requirement of a newspaper of general circulation since no newspapers serving Gilroy publish every day of the week and updates the definition of “newspaper of general circulation within the City” to be consistent with the California Government Code. Other Changes to Purchasing Policy 1. Increased staff level of award authority from $2,999 to $4,999 a. Policy sections updated: 3.3, 4.2, 4.4, and 4.9 The current purchasing policy grants staff the authority to make purchases up to $2,999. Given that the cost of basic/small parts/products and services has increased in recent years, the staff recommends increasing this amount to $4,999.The Policy still requires staff to make such procurements by price shopping to ensure the City receives the best value in exchange for public funds. 2. Administrative/Clarification Changes a. Policy sections updated: 3.3, 3.6, 4.5, 4.6, 7.2, 8, and 9.1 Staff is also recommending other minor updates to various sections that are administrative in nature or provide further clarification. Notable items include: •Addition of new definitions to the glossary with respect to the updated charter amendments 11.1 p. 258 of 332 Approval of the Updated City of Gilroy Purchasing Policy City of Gilroy Page 4 of 4 February 27, 20235 8 6 •Updating local preference percentage (5%) to be consistent throughout the document •Omitting the existing central supply store section as it is no longer relevant/applicable •Adding requirements for prevailing wage language to be included in contracts •Updated section and page references throughout the document based on the updated table of contents ALTERNATIVES There are two types of changes being proposed to the purchasing Policy 1) consistency with the voter-approved Charter amendments; and 2) staff-initiated administrative/clarification updates. The proposed changes related to the Charter amendment are not recommended to be further amended by Council as they align with the respective updated Charter sections and are consistent with the California Public Contract Code, as applicable. Council can amend or reject the staff-initiated administrative/clarification updates. This is not recommended, as the proposed changes would further streamline processes for procuring small purchases. Other updates merely clarify definitions or ambiguities in interpreting the existing policy language. FISCAL IMPACT/FUNDING SOURCE There is no fiscal impact to updating the Purchasing Policy. The effort was accommodated within the Finance Department’s existing work plan. The Policy updates are consistent with the recently approved Charter amendments, which primarily update the procurement process for Public Projects. NEXT STEPS The Policy will be posted on the City’s website and communicated internally to the organization upon approval. Related training will be provided to City staff on the changes to the procurement process. Attachments: 1. Updated Purchasing Policy – March 2023 11.1 p. 259 of 332 RESOLUTION NO. 2022-36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY CALLING AND GIVING NOTICE OF, ON ITS OWN MOTION, THE SUBMISSION TO THE ELECTORS OF THE CITY OF GILROY AT A SPECIAL MUNICIPAL ELECTION, TO BE CONSOLIDATED WITH THE STATEWIDE GENERAL ELECTION ON NOVEMBER 8, 2022, A BALLOT MEASURE PROPOSAL TO AMEND SECTIONS 1109, 1111 AND 1503 OF THE CITY OF GILROY CITY CHARTER TO MODIFY CONSTRUCTION CONTRACT PROCUREMENT AND THE BIDDING PROCESS WHEREAS, a General election on Tuesday, November 8, 2022, has been called by Resolution No. 2022-25, adopted on Monday, May 16, 2022, and WHEREAS, pursuant to authority provided by the California Constitution, Article XI and the Government Code, Title 4, Division 2, Chapter 2 (commencing at Section 34450) and the Election Code Division 9, Chapter 3, Article 3 (commencing at Section 9255) of the State of California, the City Council of the City of Gilroy desires to submit to the voters a proposed charter amendment relating to construction contract procurement and the bidding process, and to place the measure on the ballot for the next General Election on November 8, 2022; and WHEREAS, the City Council is authorized and directed by statute to submit the proposed charter amendment to the voters. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Gilroy that: Section 1. A Special Municipal Election is hereby called and ordered to be held in the City of Gilroy on November 8, 2022 to vote on a ballot measure to amend Sections 1109 and 1111 of Article XI, and Section 1503 of Article XV of the Gilroy City Charter to modify construction contract procurement and the bidding process, which shall be deemed ratified, pursuant to Government Code Section 34459, if a majority of the electors voting on the measure vote to approve the measure. The full text of the proposed City Charter amendment is attached as Exhibit A and incorporated by reference in this Resolution. Section 2. The ballot measure will be placed on the ballot for the November 8, 2022 election which shall be substantially in the following form: MEASURE_______ Construction Contract Procurement and Public Noticing Modernization Shall the City of Gilroy Charter be amended to: Modify the bidding threshold from $35,000 to the amount authorized by California Public Contract Code Section 22032; Establish authority to procure for Design-Build and Best Value contracts; Allow modernization of public noticing? YES NO DocuSign Envelope ID: 081D9078-097A-430C-B366-B2F74D25D4A3 11.1 p. 260 of 332 Resolution No. 2022-36 Charter Amendment City Council Regular Meeting | June 20, 2022 Page 2 of 3 Section 3. That the vote requirement for the measure to pass is a majority (50% +1) of the votes cast. Section 4. The City Council hereby requests the Board of Supervisors of the County of Santa Clara, California to permit the Registrar of Voters of Santa Clara County to render to the City of Gilroy such services as the City Clerk of the City of Gilroy may request relating to the conduct of the above-described Special Municipal Election with respect to the following matters: Coordination of election precincts, polling places, voting booths, voting systems and election officers; printing and mailing of voter pamphlets; preparation of the tabulation of the results of votes cast and all other services necessary to conduct an election. Section 5. The City Council hereby requests, consents to, and orders that the Registrar of Voters of the County of Santa Clara consolidate the Special Municipal Election called and ordered to be held on November 8, 2022 with any other election that may be held on that date. Section 6. The City Council hereby authorized the Board of Supervisors of Santa Clara County, California to canvass the returns of the Special Municipal Election. Section 7. The City Council hereby directs the City Clerk to reimburse the County of Santa Clara in full for any of the above-mentioned services which may be performed by the Registrar of Voters, upon presentation of a bill to the City, with funds already appropriated to the City Clerk for election purposes. Section 8. The City Council hereby directs the City Clerk to take all actions necessary to facilitate the Special Municipal Election in the time frame specified herein and comply with provisions of the Elections Code of the State of California, City Charter, Ordinances, Resolutions and Policies regarding the conduct of the Special Municipal Election. Section 9. Pursuant to Section 12111 of the California Elections Code, the City Council hereby directs the City Clerk to: (a) cause a synopsis of the proposed measure to be published at least one time not later than one week before the election in the Gilroy Dispatch, a newspaper of general circulation within the City of Gilroy; (b) consolidate the Notice of Measure to be Voted with the Notice of Election into a single notice; (c) cause copies of the full text of the proposed measure set forth in the attached Exhibit A to be printed in the Voter Information Portion of the Sample Ballot; (d) cause copies of the Sample Ballot to be mailed to each of the qualified electors of the City of Gilroy; and (e) do all other things required by law to submit the specified measure above to the electors of the City of Gilroy at the Special Municipal Election, including causing the full text of the proposed measure to be made available in the Office of the City Clerk at no cost and posted on the City Clerk's website. DocuSign Envelope ID: 081D9078-097A-430C-B366-B2F74D25D4A3 11.1 p. 261 of 332 Resolution No. 2022-36 Charter Amendment City Council Regular Meeting | June 20, 2022 Page 3 of 3 Section 10. Pursuant to Sections 9282 and 9285 of the California Elections Code, the City Council hereby approves the submittal of direct arguments for and against the ballot measure, if any, and authorizes the City Council or any member or members of the Council to author and submit a ballot measure argument in favor of the ballot measure and approves the submittal of rebuttal arguments in response to arguments for and against the ballot measure and authorizes the City Council or any member or members of the City Council to author and submit a rebuttal, if any. Section 11. The City Council hereby directs the City Clerk to transmit a copy of the measure qualifying for placement on the ballot to the City Attorney for preparation of an impartial analysis. Section 12. The City Council hereby acknowledges that the consolidated election will be held and conducted in the manner prescribed in California Elections Code Section 10418. Section 13. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 20th day of June, 2022 by the following roll call vote: AYES: COUNCIL MEMBERS: ARMENDARIZ, BRACCO, HILTON, LEROE-MUÑOZ, TOVAR, BLANKLEY NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: MARQUES APPROVED: Marie Blankley, Mayor ATTEST: Thai Nam Pham, City Clerk DocuSign Envelope ID: 081D9078-097A-430C-B366-B2F74D25D4A3 11.1 p. 262 of 332 EXHIBIT A TO RESOLUTION NO. 2022-36 4890-7867-2418v1 NON-BC\04706083 That the citizens of the City of Gilroy do hereby enact the following amendment to the City Charter: 1. That Section 1109 of the City Charter be amended to read as follows: Section 1109. Contracts for Public Projects. Every public project involving an expenditure of City monies greater than the amount allowed for informal bidding pursuant to Section 22032 of the California Public Contract Code, or successor statute, as the same may be amended from time to time, for the construction or improvement of public buildings, works, drains, sewers, utilities, parks and streets (exclusive of projects for maintenance and repair of streets) shall be let by contract to the lowest responsive and responsible bidder, or through best value contracting, after notice by one or more of the following methods: A. Publication in a newspaper of general circulation in the City by one or more insertions, the first of which shall be at least seven (7) days before the time for opening bids; B. Publication electronically so that the notice is publicly available to the general community of potential bidders; C. Publication in a trade journal specified by the Uniform Cost Accounting Act Commission by one or more insertions, the first of which shall be at least seven 7) days before the time for opening bids; or D. By using a list of qualified contractors, which includes responsible contractors who have bid in the past and qualified contractors who ask to be included on the list. The Council may reject any and all bids, if deemed excessive or unsatisfactory and readvertise for bids, or provide for the work to be procured in the open market, but in no case of open market procurements shall the price paid be higher than the responsible low bid rejected. The Council, without advertising for bids, following the adoption of a resolution declaring that the project can be performed more economically by day labor, or the materials or supplies furnished at a lower price in the open market, may have the project done in the manner stated without further complying with the provisions of this section. For contracts equal to or in excess of One Million Dollars ($1,000,000) the Council may negotiate and award a Design-Build Contract without formal public bidding if the Council finds that such a contract would save money or result in faster project completion. The process for competitively selecting a design-build contractor shall be consistent with the California Public Contract Code. 2. That Section 1111 of the City Charter be amended to read as follows: 11.1 p. 263 of 332 EXHIBIT A TO RESOLUTION NO. 2022-36 4890-7867-2418v1 NON-BC\04706083 Section 1111. Contracts for Official Advertising. The City shall procure services for the official advertising in a newspaper of general circulation in the City in accordance with the California Government Code and the City’s purchasing policy. 3. That Section 1503(h) of the City Charter be amended to read as follows: h) “Newspaper of general circulation within the City” is as defined by the Government Code of the State of California. 11.1 p. 264 of 332 CERTIFICATE OF THE CLERK I, THAI NAM PHAM, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2022-36 is an original resolution, or true and correct copy of a city Resolution, duly adopted by the Council of the City of Gilroy at a Regular Meeting of said held on Council held Monday, June 20, 2022, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this Monday, June 20, 2022. Thai Nam Pham, CMC, CPMC City Clerk of the City of Gilroy Seal) DocuSign Envelope ID: 081D9078-097A-430C-B366-B2F74D25D4A3 11.1 p. 265 of 332 Updated: March 6, 2023 March 2020 City of Gilroy Purchasing Policy 11.1 p. 266 of 332 Purchasing Policy Table of Contents i Table of Contents Section 1 – Purchasing Policy Overview .............................................................................................. 1 1.1 Purchasing Policy Overview .................................................................................................... 1 Section 2 – Code of Conduct and Ethics ............................................................................................... 3 2.1 Code of Conduct Overview ...................................................................................................... 3 2.2 Conflict of Interest ...................................................................................................................... 3 2.3 No Gratuities ............................................................................................................................... 3 2.4 Conduct with Vendors .............................................................................................................. 3 2.5 Disciplinary Actions for Policy Violations.............................................................................. 4 Reference .................................................................................................................................... 4 Section 3 – Purchasing System Authorities and Responsibilities ................................................... 5 3.1 Decentralized Purchasing System Overview ......................................................................... 5 3.2 General Categories of Purchases .............................................................................................. 5 3.3 Authority to Award Contracts ................................................................................................. 6 3.4 Responsibilities of Purchasing Division .................................................................................. 7 3.5 Responsibilities of City Staff ..................................................................................................... 7 3.6 Authorized and Unauthorized Purchases .............................................................................. 8 3.7 Contracting Requirements ........................................................................................................ 9 Section 4 – Procurement Mthods.......................................................................................................... 11 4.1 Procurement Methods Overview ........................................................................................... 11 4.2 Selecting the Appropriate Procurement Method ................................................................. 11 4.3 Purchasing Card Program ................................................................................................... 13 4.4 Informal Procurement Procedures ......................................................................................... 14 4.5 Formal Bidding Procedures .................................................................................................... 15 4.6 Request for Proposals .............................................................................................................. 19 4.7 Two-step Competitive Bidding Processes ............................................................................ 21 4.8 Emergency Procurement ......................................................................................................... 22 4.9 Purchases Exempt from Competitive Bidding ................................................................. 2223 4.10 Cooperative Purchases .......................................................................................................... 24 Section 5 – Specification Development .............................................................................................. 26 5.1 Specifications for Competitive Bidding – Overview ........................................................... 26 Section 6 – Sourcing and Standardization ......................................................................................... 28 11.1 p. 267 of 332 Purchasing Policy Table of Contents ii 6.1 Sourcing and Standardization Overview ............................................................................. 28 6.2 Single and Sole Sourcing ......................................................................................................... 28 6.3 Standardization ........................................................................................................................ 28 Section 7 – Special Policies and Programs ......................................................................................... 29 7.1 Special Programs and Policies Overview ............................................................................. 29 7.2 Local Purchasing Preference ................................................................................................... 29 7.3 Minority, Disabled and Woman Owned Business Policy Statement ................................ 30 7.4 Environmentally Preferable Purchasing Policy ................................................................... 31 7.5 Policies and Procedures for Purchases Utilizing Federal Grant Funding ........................ 31 Section 8 – Purchasing-related Instructions and Procedures .......................................................... 32 8.1 Bid/Proposal Protest Procedures ............................................................................................ 32 8.2 Certificates of Insurance and Coverage Requirements ....................................................... 33 8.3 Instructions to Bidders............................................................................................................. 33 8.5 Lease, Rental and Lease-to-Purchase Procurements ........................................................... 34 8.5 Life Cycle Cost Analysis .......................................................................................................... 34 8.6 Service Provider Evaluation ................................................................................................... 35 8.7 Surplus Property Disposal ...................................................................................................... 35 8.8 Used Automobile Purchases ................................................................................................... 37 Section 9 – Glossary of Terms............................................................................................................... 38 9.1 Definitions ................................................................................................................................. 38 11.1 p. 268 of 332 Purchasing Policy Section 1 – Purchasing Policy Overview 1 Section 1 – Purchasing Policy Overview 1.1 Purchasing Policy Overview The purpose of this manual is to provide basic information for procuring goods and services consistent with adopted policies and procedures, and best practices. This manual is intended to provide sufficient information and reference detail to enable City employees to be fully aware of, and comply with, City purchasing policies, and to effectively participate in the purchasing program. This section of the purchasing policies and procedures manual establishes the legal requirements of the procurement function within the City organization and establishes procurement expectations to safeguard fairness, system integrity and ethical practices. 1. Legal Requirements. The legal bases for the purchasing system are established below.  Several sections of the City Charter enumerate authorities relative to purchasing- related functions:  Section 703. Establishes that the City Administrator:  Can enter into contracts on behalf of the city involving Council- appropriated expenditures and bid or proposals approved by Council.  Will implement a citywide purchasing system.  Section 800. Requires in paragraph 4 that purchasing rules and regulations be included in the administrative code which shall be amended by ordinance as necessary.  Section 1104. Specifies in paragraph 3 that during any fiscal year city employees cannot spend or incur any obligations to spend money for any purpose without a budgeted appropriation.  Section 1109. Contains requirements for bidding letting public works construction projects, including best value and design-build contracting.  Section 1110. Contains certain requirements that bidders must follow when bidding on city projects. 11.1 p. 269 of 332 Purchasing Policy Section 1 – Purchasing Policy Overview 2  The City Code Section 2.43(c) establishes the responsibilities of the purchasing function. 2. Expectations of Fair and Open Procurement.  Secure goods and services at the lowest possible cost commensurate with the quality needed.  Endeavor to obtain the most open competition possible for all purchases.  Encourage competitive pricing from responsive and responsible business providers that are qualified, capable and willing to meet the city’s requirements.  Fulfill the requirements of Charter and City Code in the procurement of goods and services.  Safeguard the city’s reputation for fairness, integrity and ethical practices. 11.1 p. 270 of 332 Purchasing Policy Section 2 – Code of Conduct and Ethics 3 Section 2 – Code of Conduct and Ethics 2.1 Code of Conduct Overview All employees are responsible for impartially assuring fair competitive access to city procurement opportunities by responsible suppliers and contractors. In addition, all employees shall conduct themselves in a manner that avoids any impropriety, or appearance of impropriety, and that fosters the highest level of public confidence in the integrity of Gilroy’s purchasing system. 2.2 Conflict of Interest No employee shall participate in a city procurement when the employee knows that: 1. The employee or the employee’s spouse, domestic partner, child, stepchild, parent or stepparent will benefit financially from the procurement; and/or 2. The employee or the employee’s spouse, domestic partner, child, stepchild, parent or stepparent is negotiating or has an employment arrangement contingent on or will be affected by the procurement. Upon discovery of an actual or potential conflict of interest, an employee shall immediately withdraw from further participation in the procurement. 2.3 No Gratuities No city employee shall solicit, demand, accept or agree to accept a gift of goods or services, payment, loan, advance, deposit of money, or employment offer presented, promised in return for, or in anticipation of favorable consideration in a city procurement. 2.4 Conduct with Vendors Conduct with vendors who provide goods or services to the city shall be fair, open and transparent. City employees shall: 11.1 p. 271 of 332 Purchasing Policy Section 2 – Code of Conduct and Ethics 4 1. Refrain from showing favoritism to vendors or being unduly influenced. 2. Safeguard confidentiality when required to do so. 3. Select vendors on the basis of meeting appropriate and fair criteria. 2.5 Disciplinary Actions for Policy Violations City employees shall abide by and be accountable for the codes of conduct established in this section. Policy violations may result in disciplinary actions in accordance with the city’s established procedures, consistent with state law. Governing Law(s) and Reference Documents 1. Section 809 of the City Charter 11.1 p. 272 of 332 Purchasing Policy Section 3 – Purchasing System Authorities and Responsibilities 5 Section 3 – Purchasing System Authorities and Responsibilities 3.1 Decentralized Purchasing System Overview The city has adopted a decentralized purchasing system. This means that for most purchases, requesting departments can directly solicit bids or proposals and place orders with suppliers, subject to the limitations established in policy and subject to the approval of the appropriate award authority. Nothing precludes staff from seeking procurement assistance from the finance director or purchasing coordinator, especially to clarify policies, processes and procedures. In a decentralized purchasing system, it is very important that all employees understand and abide by the city’s procurement rules/polices and ensure their fair and consistent application. 3.2 General Categories of Purchases City purchase categories generally consist of the following categories, for which different procurement methods may apply (see Section 4, Procurement Methods, page 11): 1. Goods. The purchase of goods consists of materials, equipment and supplies needed by any department. 2. Services. City staff may require contracts for services, which fall into two categories: a. General Services. Services rendered such as custodial services, building/ equipment maintenance, and machinery/equipment rental, excluding contracts for public works projects or professional services. b. Professional Services. Services provided by a person or firm engaged in a profession based on highly specialized and/or technical knowledge or skill, such as the professions of accountant, attorney, artist, architect, landscape architect, construction manager, engineer, environmental consultant, dentist, physician, training or educational consultant, or land surveyor, and whose services are considered distinct and unique to such a degree that bidding of such services may not be feasible, if appropriately justified and documented (see Subsection 4.9, Exemptions from Competitive Bidding, page 220). 3. Public Works Projects. Public works pertain to the construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind, including demolitions, and the construction and installation of drainage systems, lighting and signaling systems, sewer and water systems, and park and 11.1 p. 273 of 332 Purchasing Policy Section 3 – Purchasing System Authorities and Responsibilities 6 recreational facilities. Maintenance required to preserve a public improvement is not considered a public work. 3.3 Authority to Award Contracts The following section outlines the various contract award authorities established under the decentralized Purchasing System. 1. Award Authority. Contract award authority is established by dollar threshold for each of the following entities: a. City Council. Purchases or contracts for goods and services, including public works construction contracts, of $100,000 or more, and public works contracts exceeding $35,000, must be awarded by the City Council. b. City Administrator. Purchases or contracts, including public works construction contracts, up to $99,999 may be awarded by the City Administrator, with the exception of public works contracts exceeding $35,000. c. Department Heads. As authorized by the City Administrator, department heads may make purchases and enter into contracts for goods and services, including public works construction contracts, up to $49,999, and for public works construction contracts up to $34,999. d. Staff. Purchases up to $42,999 may be made at the staff level as designated by department directors. 2. Authority to Legally Bind City. Unless specifically authorized as established in this section or elsewhere in adopted and written City policy, staff other than the City Administrator and department heads cannot enter into contractual arrangements to purchase goods or services or otherwise legally bind the City for such purchases. 3. Award Authority Determined by One Transaction. For the purpose of determining the appropriate award authority, contract amounts are defined by what constitutes a single or one transaction. This rule also applies to competitive bidding (the estimate of dollar value of the transaction dictates the level of bidding required). a. One-time Purchases. Each discrete, one-time purchase is a single transaction. b. Blanket Purchase Orders. The contract term of a blanket purchase order is generally considered a single transaction, subject to total contract length requirements established in a competitive bidding process. See also Subsection 3.7.6.b on page 99. Examples: A blanket order in the amount of $10,000 that is issued for vehicle parts for a one-year period is a single transaction. Subsequent annual renewals of the blanket order are considered separate, single transactions. 11.1 p. 274 of 332 Purchasing Policy Section 3 – Purchasing System Authorities and Responsibilities 7 A five-year blanket order for on-call maintenance work in the amount of $25,000 each year (for a total of $125,000) requires Council approval. c. Contract Amendments. Dollar increases to existing contracts require the sum of the original contract to be added to the amount of the amendment to determine the single transaction value. Example: The City Administrator awards a contract for $75,000 and a $30,000 amendment is required. The resulting transaction is $105,000, now requiring Council approval. 3.4 Responsibilities of Purchasing Division 1. Purchasing Function. As established in Section 2.43(c) of the City Code, the purchasing division is responsible for: a. Purchasing materials, supplies, and equipment (goods) and services for use by all departments when appropriate. b. Preparing standard specifications for goods and services wherever possible. c. Maintaining a purchase order system and issuing purchase orders as required. d. Verifying that all bids and proposals are in accordance with policy requirements. e. Establishing and operating a system of stores for the bulk purchase of commonly used items. f. Selling surplus personal property of the City, subject to the determinations and approval of department heads, the City Administrator and the City Council. 3.5 Responsibilities of City Staff 1. Responsibilities of all employees. As keepers of the public trust, all City employees are required to discharge their duties fairly, impartially and with the highest degree of integrity. In support of these concepts as they apply to the purchase of goods and services, City staff shall: a. Clearly identify procurement needs and the availability of funding. b. Work with the purchasing coordinator to develop suitable competitive specifications. c. Participate in the evaluation of bids and proposals as required. d. Inspect goods delivered and services performed to determine conformity with established requirements and contractual obligations. e. Authorize payment for conforming goods and services. f. Notify the purchasing coordinator of non-conforming goods or services. g. Document tangible or intangible value to the city when requisitioning goods or services without competition. h. Recognize that fair and open competition results in better value to the city. i. Understand and be accountable for the policies and procedures established for purchasing goods and services. 11.1 p. 275 of 332 Purchasing Policy Section 3 – Purchasing System Authorities and Responsibilities 8 2. Purchasing Requisition Required. Goods and services purchases that will require a contract, purchase order, or blanket purchase order, including public works construction, must be initiated with a properly documented and approved purchase requisition which includes: a. Concise description of the purchase which adequately communicates need. b. Actual or estimated dollar amount. c. Valid charge/project and object number. d. Verification of available funding or identification that funding is needed. e. Price quotes with recommended vendor selection and appropriate award justification. f. Bid exemption documentation as required. 3.6 Authorized and Unauthorized Purchases This section defines authorized and unauthorized purchases and how they are memorialized and establishes that employees can be held responsible for unauthorized purchases that are not ratified by the appropriate award authority. 1. Authorized Purchases. Purchases are authorized only when the appropriate award authority has approved the purchase. Only the City Council, City Administrator, and department heads, or authorized designee in writing from the City Administrator, may legally bind the city to a contract. 2. Unauthorized Purchases. Purchases approved by anyone other than the designated award authorities are unauthorized. It is the responsibility of every employee to understand the policy requirements and avoid unauthorized purchases to the greatest extent possible. 3. Ratification Process Required. Unauthorized purchases are required to be can be validated only if ratified by the appropriate award authority, in its sole and absolute discretion. For unauthorized purchases to be considered for ratification, the following steps must occur: a. The employee making the unauthorized purchase must provide a written explanation of why the purchase was made. b. The written explanation must be reviewed and approved by the appropriate award authority. 4. Restitution. In the event that a vendor has been paid and the unauthorized purchase is not subsequently ratified, the employee may be held responsible for reimbursing the city. 11.1 p. 276 of 332 Purchasing Policy Section 3 – Purchasing System Authorities and Responsibilities 9 3.7 Contracting Requirements The following section explains the various contracting requirements associated with making purchases with City funds. 1. Contract Award. A contract is not considered to be awarded until it is approved by the appropriate award authority, i.e., the City Council, City Administrator or authorized department head as described in Section 3.6 above. 2. Standard Contract Terms and Conditions. Use of the city’s standard contracts (or terms and conditions for purchase orders) provided by the City Attorney are preferable to using vendor-provided contracts. If presented with a vendor-provided agreement, staff should attempt to replace it with the city’s standard agreement or standard terms and conditions for purchase orders. The purchasing coordinator can assist with the negotiation process as necessary. 3. Written Contract Requirement. Written contracts on city templates provided by the City Attorney are required for services with a value of $10,000 or more. Services with a value of less than $10,000 should be put on purchase orders with standard terms and conditions, unless compelling factors such as liability or risk dictate the use of a written agreement. 4. City-provided Scope of Work Requirement. Contracts should include well-defined scopes of work provided by city staff and the use of consultant or vendor-provided work scopes should be minimized to the greatest extent possible. 5. No Contract Splitting. Under no circumstances can any contract be split or separated into smaller components to determine the appropriate award authority or for any other purpose. 6. Contract Types. The city utilizes several different types of contracts depending on the nature of the purchase and requirements of the City Attorney’s Office. a. Purchase Orders. Purchase orders are used to make discrete, non-recurring purchases of goods and/or services. Depending on the cost and complexity of the purchase, a written agreement may be required. Purchase orders are required for most city transactions. b. Blanket Purchase Orders. Blanket purchase orders are term contracts, usually established for one-year periods for routine, recurring or as-needed purchases of goods and/or services. Blanket purchase orders can be renewed annually according to the terms established through competitive bidding or negotiation, or as approved by the appropriate award authority. Blanket purchase orders may also be established for multi-year periods and/or as master goods/services agreements. Blanket purchase orders may be established for as-needed small construction or maintenance projects and/or for urgent or emergency repairs where time is of the 11.1 p. 277 of 332 Purchasing Policy Section 3 – Purchasing System Authorities and Responsibilities 10 essence. These types of arrangements are referred to as Job Order Contracts (JOCs) and are bid on a unit cost basis with contracts awarded based on not-to- exceed amounts approved by the appropriate award authority. c. Service Agreements. Depending on the cost and complexity, agreements may be required for general or professional services. These are referred to as General Services Agreements (GSAs), Professional Services Agreements (PSAs), Master Service Agreements (MSAs) or Master Professional Service Agreements (MPSA). d. Confirming Orders. Confirming orders are written purchase orders that confirm previously placed verbal orders. This form of contract may be utilized for urgent or emergency purchases but requesting departments must use prudent judgment. 7. Key Contracting Prerequisites. Contractors or vendors conducting business in the city or working on city property or in city rights-of-way must be properly licensed, insured, and otherwise comply with all lawful requirements such as obtaining a business license as required by the Finance Department and having appropriate insurance coverage as required by the risk manager. The contractor or vendor must include the City of Gilroy as an “additional insured” on their insurance policy and provide up-to-date insurance certificates with required policy endorsements. These requirements must be met before any work can commence. Governing Law(s) and Reference Documents 1. Section 2.43(c) of the City Code 11.1 p. 278 of 332 Purchasing Policy Section 4 – Procurement Methods 11 Section 4 – Procurement Methods 4.1 Procurement Methods Overview This section outlines the various methods of procurement to be used by employees who have authority and/or responsibility for procurement processes and procedures. Below are guiding principles by which staff participating in procurement processes must abide:  Purchases shall be based on competitive bidding processes whenever possible, unless otherwise exempt in accordance with Subsection 4.9, Purchases Exempt from Competitive Bidding on page 220.  The complexity of the bidding process, and the applicable requirements, increase with the dollar value of the procurement.  Under no circumstances shall purchases be artificially split to use a more simplified process.  In situations where goods and/or services can be defined with a high degree of specificity, then a contract will be awarded to the lowest responsive and responsible bidder through a bid process.  If the purchase is solution-based and cannot be exactly defined, then a best-value process may be used where the city can pay a higher price for a good and/or service if the overall value can be justified.  Measured use of cooperative purchasing programs and piggyback agreements, which leverage volume purchases, secure value pricing and reduce administrative overhead, is encouraged.  Staff must take into account the city’s special policies and procedures for many procurements. These include environmental procurement, application of the 53% local purchasing preference (except for public works construction and professional services), disadvantaged business enterprises and purchases using federal grant funds (see Section 7, Special Policies and Programs, page 3127). 4.2 Selecting the Appropriate Procurement Method To select an appropriate procurement method, employees should know the category of purchase (type of goods, services or public works project) and have an estimated cost in mind. 11.1 p. 279 of 332 Purchasing Policy Section 4 – Procurement Methods 12 For goods and services purchases, competitive bidding and approval thresholds are determined by each transaction. 2.1. Goods and services transactions $42,999 or less. Goods and services $42,999 or less may be made without a competitive process. This amount is consistent with the threshold established for purchases utilizing federal funding (see Subsection 7.5, Policies and Procedures for Purchases Utilizing Federal Grant Funding, page 3129). ). However, nothing should preclude employees from “value shopping” to help ensure that the best possible value is being obtained in exchange for public funds.However, staff are encouraged to price shop whenever possible to ensure the city is receiving the best value in exchange for public funds. 3.2. Goods and services transactions between $53,000 and $99,999. Goods and services with an estimated value between $53,000 and $99,999 in a single transaction must be procured using the methods established in the Informal Procurement Procedures in Subsection 4.4 below. 4.3. Goods and services purchases $100,000 or more. Goods and services purchases with an estimated value of $100,000 or more in a single transaction must be procured using formal bidding or proposal procedures established in Subsection 4.5, Formal Bidding Procedures on page 153. 4. Public works projects. In accordance with Section 1109 of the City Charter, Public works projects anticipated to cost equal to or less than the amount allowed for informal bidding pursuant to section 22032 of the California Public Contract Code, currently $200,000, as the same may be amended from time to time, may be let using Informal Bidding Procedures outlined in section 4.4, on page 14. In accordance with Section 1109 of the City Charter, Public works projects anticipated to exceed $35,000 the amount allowed for informal bidding pursuant to section 22032 of the California Public Contract Code, currently $200,000 or less, as the same may be amended from time to time, must be conducted through sealed bidding and shall be let by contract to the lowest responsive and responsible bidder, or through best value contracting, and awarded by Council, in further accordance with the bidding procedures established in Subsection 4.5, Formal Bidding Procedures, on page 153. a. Design-Build public works projects. For public works projects with contracts equal to or in excess of $1,000,000, the City Council may negotiate and award a Design-Build Contract without formal sealed public bidding if the Council finds that such a contract would save money or result in faster project completion. The process for competitively selecting a design-build contract shall be consistent with the California Public Contract Code. The procurement shall be made in accordance with the bidding procedures established in subsection 4.6, Request for Proposals on page 19, and shall include the following: 11.1 p. 280 of 332 Purchasing Policy Section 4 – Procurement Methods 13 i. Bridging documents shall be prepared by a design professional designated by the City, identifying the scope and estimated price or cost of the public works project and including additional requirements or information necessary to adequately describe the City’s needs for the project. This may include, not limited to, the size, type, and design character of the project, the performance specifications covering the quality of the supplies, materials, equipment, and workmanship, or preliminary plans or building layout plans. The design professional, which prepares the bridging documents, may not subsequently submit or participate in the proposal submitted for an award of design-build contract, or have any financial interest in any design- build entity or team which submits a design-build contract construction proposal or which provides the design-build services. ii. A formal request for proposal shall include the bridging documents described in section 4.2.4.a.(i) above, a request for qualification, and the design-build contract documents approved by the City Attorney. iii. Design-build entities may be required to pre-qualify in order to be eligible to submit a proposal for the design-build project by responding to the request for qualifications in advance of the date set for the submission of the proposals. A standard template for statement of qualification shall be established and provided in the request outlining the qualification criteria consistent with, but not limited to, section 22164(b) of the California Public Contract Code. The City may establish and maintain a qualified list of design-build entities based on the qualification process for soliciting proposals on future new design-build projects. iv. The design-build contract may be awarded to a responsive, responsible design-build entity on the basis of either the lowest lump-sum price or the “best value” provided, as defined in the formal request for proposals. A design-build contract that is awarded on the best value basis shall be evaluated based solely on the selection criteria and procedures set forth in the formal request for proposals. v. The design-build contract shall require the design-build entity and its subcontractors to comply with the requirements of Section 22164(c) of the California Public Contract Code, as amended from time to time. 5. 5.34.3 Purchasing Card Program As an alternative, efficient method of making small dollar purchases, a purchasing card program has been established for use by employees based on operational need. In many 11.1 p. 281 of 332 Purchasing Policy Section 4 – Procurement Methods 14 instances, purchasing cards can be used to buy needed materials and supplies, rather than using purchase orders. Purchasing cards are approved by department heads and issued by the purchasing coordinator, to be used in strict accordance with the Purchasing Card Policy. 4.4 Informal Procurement Procedures Informal procurement procedures apply to purchases of goods and services anticipated to be less than $100,000, and for public works project anticipated to cost equal to or less than the amount allowed for informal bidding pursuant to Section 22032 of the California Public Contract Code, currently $35,000200,000, as the same may be amended from time to time. Such purchases may be made by staff in accordance with this section. 1. Purchases $42,999 or less. Purchases of goods and services less than $53,000 may be made by staff without obtaining price quotes. However, staff are encouraged to price shop whenever possible to ensure the city is receiving the best value in exchange for public funds. 2. Purchases between $53,000 and $24,999. Purchases in this estimated price range may be made by staff with department director approval and based, to the best extent possible, on at least three written price quotes. Contracts are typically awarded to the lowest responsive and responsible provider, but best value determinations can be made on factors in addition to pricing if the justification is properly documented and in the best interest of the City. 3. Purchases between $25,000 and $99,999. Purchases of goods and services in this estimated price range (and public works projects less than $35,000) may be made using informal bid and/or request for proposal documents, as follows: a. Invitation to Quote. Use this template for goods and/or services with an estimated cost at or below $49,999 (or for a lower threshold amount if required by a department head or the purchasing coordinator). If a contract is not being awarded to the lowest responsive and responsible bidder, the purchasing requisition must contain a concise explanation to justify the selection, including evaluation factors if appropriate or requested by the purchasing coordinator. b. Informal Request for Proposals (RFP). Use this template for services (or in some cases specialized goods or a mix of goods and services) between $50,000 and $99,999 that are procured through a best value, rather than low bid, process. Informal RFPs may also be required for professional services less than $50,000 as required by department heads. Best value procurements are awarded based on factors in addition to price (e.g., the city may pay more for a solution if the overall value can be justified), and are conducted through an evaluation process similar to but less formal than that required for formal competitive proposals (see Subsection 4.6, Request for Proposals, on page 1 96). 4. Public works projects equal to or less than the amount allowed for informal bidding pursuant to California Public Contract Code. Procurement of public works projects 11.1 p. 282 of 332 Purchasing Policy Section 4 – Procurement Methods 15 estimated to cost equal to or less than the amount allowed for informal bidding pursuant to Section 22032 of the California Public Contract Code, currently $200,000, as the same may be amended from time to time, may be made using the informal bid, subject to the appropriate award authority outlined in section 3.3 and contracting requirements outlined in section 3.7: a. Invitation to Quote. Use this template for public works construction contracts with an estimated cost at or below $200,000, and to the best extent possible, with at least three written price quotes. If a contract is not being awarded to the lowest responsive and responsible bidder, the designee shall provide a written statement or report of the procurement to the appropriate award authority and must contain a concise explanation to justify the selection, including evaluation factors as appropriate. 4.5. Prevailing Wage Requirements. The payment of prevailing wages is required for maintenance contracts over $15,000 and construction contracts over $25,000. Additionally, such contracts must follow California Department of Industrial Relations (DIR) contractor registration requirements for contractors and their subcontractors (see also Subsection 4.5.3.h on page 175). Suitable language regarding this requirement should be in all such contracts. 4.5 Formal Bidding Procedures Formal sealed bidding using an Invitation for Bids (IFB) is required for purchases anticipated to be more than $100,000, including materials and equipment (goods), certain services, and public works construction projects greater than $35,000200,000. Contracts associated with formal bids are awarded to the lowest responsive and responsible bidder with the exception of public works construction projects that may be awarded by using the best value contracting per Section 1109 of City Charter. The requirements detailed below apply. 1. Coordination with Purchasing. These actions must be coordinated with Purchasing before conducting a formal bid process: a. Obtain a Bid Number. The purchasing coordinator will assign a bid number that will be used to track the project throughout its life cycle. b. Request Bid Opening Date. The purchasing coordinator will determine availability of Council chambers to conduct the public bid opening. c. Creation of Bid File. All bidding documents created in conjunction with each bid must be sent to the purchasing coordinator so that a bid file constituting the city’s official record can be kept in strict accordance with the records retention schedule. 2. Advertising the Bid Opportunity. All formal bids should be publicly noticed by the purchasing coordinator or designated staff for at least 14 calendar days, (except for public works construction projects governed by section 1109 of the City charter) prior to the date and time set for receiving bids, either in a local newspaper of general circulation 11.1 p. 283 of 332 Purchasing Policy Section 4 – Procurement Methods 16 in the City (for public works construction) or on the City’s website, unless a shorter timeframe is warranted. For public works construction projects, the notice shall be given by one or more of the following methods per Section 1109 of the City Charter:  Publication in newspaper of general circulation in the City by one or more insertions, the first of which shall be at least (7) days before the time of opening bids. This method of publication shall be used if available;  Publication electronically so that the notice is publicly available to the general community of potential bidders;  Publication in a trade journal specified by the Uniform Cost Accounting Act Commission by one or more insertions, the first of which shall be at least (7) days before the time of opening bids; or 2. By using a list of qualified contractors, which includes responsible contractors who have bid in the past and qualified contractors who ask to be included on the list. a. Notice Inviting Bids. The Notice Inviting Bids (NIB) specifies: i. The date, time and place where and when bids will be received, publicly opened and the bids of each bidder read out loud. ii. The name of the staff member to whom bids must be addressed. iii. General description of the goods, services or construction work required. 3. Invitation for Bids (IFB). An Invitation for Bids (IFB) is the bid template required for use with formal bids. The IFB must include at least the following elements: a. Notice Inviting Bids. The IFB must include the bid notice that was used to advertise the bid. b. Instructions to Bidders. Bid documents must include instructions to bidders to explain the bidding process, and explain the city’s requirements (see also Subsection 8.34, Instructions to Bidders, page 331). b. For public works construction projects, the bid document must identify the process by which the award will be made, either exclusively based on lowest responsive and responsible bidder, or best value contracting based on objective criteria to determine the best combination of price and qualifications. c. Bid Specifications. Detailed specifications that provide technical design and/or performance requirements are required for all IFBs. d. Subcontractor Listing. Contractors bidding on city projects must include a listing of subcontractors. 11.1 p. 284 of 332 Purchasing Policy Section 4 – Procurement Methods 17 e. Non-collusion Affidavit. Contractors bidding on city projects must provide a notarized affidavit certifying that they have not colluded with any other entity in providing a bid. f. Bid Forms and Schedules. The bid document must include applicable bid forms and schedules necessary for determining the lowest responsive and responsible bidders. g. Bond Forms as Required. Many awarded projects will require that contractors provide executed faithful performance bonds (to guarantee their work) and payment bonds (to guarantee payments to subcontractors). h. Contractor/Subcontractor DIR Registration Section. Bids for construction and maintenance work must include a form for contractors to provide their Department of Industrial Relations (DIR) contractor registration numbers (applies to contractors and their subcontractors) to ensure prevailing wage compliance. This information must be provided by City staff to the DIR on the PWC-100 Form following contract award. i. Draft Contract if required. The bid documents must include a draft contract with the city’s terms and conditions. j. Instructions for Bid Addenda. Questions received within 10 business days of the due date will be answered in the form of a properly issued bid addendum. No change or modification to the plans or specifications can be made without such notification. Bid addenda must be provided to all holders of official bid documents and posted to the city’s website. 4. Bid Security. A bid security in the form of a bid bond, cash, certified check or other acceptable instrument, in an amount not exceeding 10% of the bid price, may be required. If a bid security is required, it must be stated in the bid documents. 5. Public Bid Opening. Sealed bids will be publicly opened in the presence of at least one witness (typically the purchasing coordinator) at the time and location specified. If members of the public are present, the names of each bidder and their total bid pricing will be read aloud, and the apparent low bidder will be announced. 5. For public works construction projects, if the best value procurement option is utilized, there shall be no public bid opening until the experience and qualifications information is evaluated by a designated evaluation panel. The pricing information shall remain sealed until the panel completes the evaluation to ensure the panel’s evaluations are not influenced by the pricing information. 6. Late Bids. Under no circumstances can late bids be accepted. 7. Bid Summary. Following the bid opening a bid summary will be prepared by the user department and posted to the city’s website. 11.1 p. 285 of 332 Purchasing Policy Section 4 – Procurement Methods 18 8. Evaluating Bids and Awarding a Contract. The contract award process includes steps detailed below. a. Bid Analysis. Each bidder will be evaluated by designated staff to determine whether their bid is responsive (complies with all material requirements of the bid) and if they are responsible (have the skill and ability necessary to complete the work). b. Council Report. The user department will prepare a report to Council recommending contract award to the lowest responsive and responsible bidder and/or a recommendation for bid rejection. b. If best value procurement option is utilized for public works construction projects, the report shall include the justification for the selection including the evaluation factors utilized to making the determination. c. Bid Rejection. The finance director will issue any notice of rejection of any and all bids, or any non-responsive bids, and the bid may be re-advertised at the city’s discretion, except that Council is the rejecting authority for all public works bids deemed excessive or unsatisfactory, per Section 1109 of the City Charter. If a contractor provides more than one bid for the same work, those bids must be rejected by the appropriate rejection authority (Section 1110 of the City Charter). d. Determining Bidder’s Responsiveness and/or Responsibility. Bids determined to be non-responsive at the bid opening shall not be accepted. Subsequent determinations of bid responsiveness and bidder responsibility during the due diligence period must be carefully considered, with the latter requiring a much higher level of due process for contractors. e. Bid Protest Procedures. In the event of a protest by a contractor who has submitted a timely bid, the protesting party must be afforded the opportunity to voice their concerns through the formal process outlined in Section 8, Purchasing-related Instructions and Procedures on page 3 20. f. Contract Execution. Upon Council approval, designated staff will prepare and send a contract package, including performance and payment bonds and identification of any other requirements such as insurance, business license, etc., to the awarded contractor. If the contractor fails to enter into the contract, their bid bond will be forfeited and deposited in the general fund. If a bid bond was not required (in the case of goods or services purchases), then the contractor who fails to execute the contract will be liable for the difference between its bid and the next lowest bid, plus administrative expenses and any required legal costs. 11.1 p. 286 of 332 Purchasing Policy Section 4 – Procurement Methods 19 9. Prevailing Wage Requirements. Maintenance contracts exceeding $15,000 and construction contracts exceeding $25,000 can only be awarded to contractors who are registered with the DIR (including any subcontractors) for the purpose of determining prevailing wage compliance. Suitable language regarding this requirement should be in all such contracts. Awarded contracts must be registered with the DIR by designated staff within 30 days of award. Awarding a contract to a contractor who is not registered with the DIR can result in penalties to the City. 10. Return of Bid Securities. Once a contract has been executed, the security accompanying the accepted bids, and the unsuccessful bids, must be returned. 11. Submit Purchasing Requisition. Following contract approval by Council, a requisition must be submitted to the purchasing coordinator so a purchase order can be generated. 4.6 Request for Proposals Competitive sealed proposals using a Request for Proposals (RFP) process are used when contracting for services estimated to be more than $100,000, or for solutions where procurement needs cannot be determined with a high degree of specificity, unless otherwise exempt from competition as described in Subsection 4.9, Purchases Exempt from Competitive Bidding on page 220. Such procurements are conducted by competitive negotiation processes, rather than awarding a contract to the lowest responsive and responsible bidder, as follows: 1. Coordination with Purchasing. These actions must be coordinated with the purchasing coordinator before conducting a formal proposal process: a. Obtain an RFP Number. The purchasing coordinator will assign an RFP number that will be used to track the project throughout its life cycle. b. Creation of an RFP File. All proposal documents created in conjunction with each RFP must be sent to the purchasing coordinator so that a file constituting the city’s official record can be kept in strict accordance with records retention policies. 2. Request for Proposals. An RFP using the city’s standard template(s) must be prepared and advertised. 3. Best Value. RFPs are awarded based on the best overall value to the city, as opposed to lowest responsive and responsible bid, and include evaluation of qualitative and/or quantitative factors in addition to price. 4. Advertising the RFP Opportunity. RFPs will be publicly noticed by the purchasing coordinator at least 14 calendar days prior to the date and time set for receiving proposals, either in a local newspaper of a general circulation in the City (if requiredavailable) or on the city’s website, unless a shorter timeframe is warranted. 11.1 p. 287 of 332 Purchasing Policy Section 4 – Procurement Methods 20 5. RFP Document Contents. The RFP document shall include, at minimum, a Notice Inviting Proposals; instructions to proposers, including protest procedures if warranted; evaluation factors and their relative importance; specifications, requirements or scope(s) of work describing the required goods and/or services; proposal forms and schedules; any required bond forms; insurance requirements; and contract terms and conditions. 6. Evaluation Program. Once RFP responses are received, the proposals will be confidentially evaluated and scored in accordance with criteria and procedures established by the user department with input of the purchasing coordinator as necessary. Interviews, presentations, site visits, etc., may be conducted depending on the nature of the procurement. Once a top-rated proposer is identified, good faith negotiations will commence. If an agreement cannot be reached in consideration of cost and/or scope, the next highest- rated proposer will be engaged, and so on, until a mutually acceptable agreement is reached. 7. Qualifications-Based Selection Procedures. RFPs for certain professional or specialized services may, by law, require Qualifications-Based Selection (QBS) procedures where consultants or consulting firms are evaluated on their demonstrated competence and professional qualifications before pricing can be considered. The QBS selection process is typically associated with architectural, engineering, environmental, land surveying and construction management firms in accordance with Section 4525 et. seq. of the California Government Code or its federal counterpart, the Brooks Act. However, nothing shall preclude staff from utilizing a QBS process for other types of RFPs if in the best interest of the city. Once a top-rated proposer is identified, then scope and fee negotiations commence. If an acceptable contract cannot be finalized in consideration of scope and/or cost, then the purchasing coordinator may commence scope and fee discussions with the next highest- rated proposer, and so on, until a mutually acceptable agreement is reached. This type of process is also referred to as a Request for Qualifications (RFQL) or Request for Statements of Qualifications (RSQ). 8. Process Integrity. To protect the identity of the proposers and safeguard the integrity of the evaluation process, all City employees participating in the evaluation of competitively sealed proposals shall maintain strict confidentiality as well as disclose any real or perceived conflicts of interest that may arise. The Finance Director and/or City Attorney will review any disclosed potential conflicts of interest and make a determination about the evaluator’s continued participation in the procurement. 9. One Response Received. If only one RFP response is received and staff wishes to proceed with the procurement (rather than rejecting the proposal), the purchasing 11.1 p. 288 of 332 Purchasing Policy Section 4 – Procurement Methods 21 coordinator will document the effort used to generate proposal responses prior contract negotiations. 10. Rejection of proposals. The finance director will issue any notice of rejection of any and all proposals, or any non-responsive proposals, and the RFP would may then be re- advertised at the City’s discretion.. If a proposer provides more than one RFP response for the same work, those responses must be rejected (Section 1110 of the City Charter). 11. Late Proposals Refused. RFP responses received after the designated closing date and time cannot be accepted and must be returned unopened unless opening is required for identification purposes. 12. Awarding a Contract. The contract award process includes the following steps: a. Council Report. Following the technical evaluation and competitive negotiation processes, the user department will prepare a report to Council recommending contract award to the firm whose solution provides the best value to the city. b. Determining Proposer Responsiveness and/or Responsibility. Determinations of proposer responsiveness and responsibility must be carefully considered, with the latter requiring a much higher level of due process for contractorsand any determination of non-responsibility should be reviewed by the City Attorney. c. Proposal Protest Procedures. In the event of a protest by a proposer who has submitted a timely RFP response, the protesting party must be afforded the opportunity to voice their concerns through the formal process outlined in Section 8, Purchasing-related Instructions and Procedures on page 320. d. Contract Execution. Prior to Council approval, staff can begin the contract execution process by obtaining signature(s) from the awardee. Upon Council approval, the contract execution process can be completed. 13. Submit Purchasing Requisition. Following contract approval by Council, a requisition must be submitted to the purchasing coordinator so that a purchase order can be generated. 4.7 Two-step Competitive Bidding Processes For some procurements, it may be advantageous to conduct a two-step competitive process where the first step is used to “shortlist” or prequalify interested firms. This type of procurement begins with a Request for Qualifications (RFQ or RFQL) process, followed by either an Invitation for Bids (IFB) or a Request for Proposals (RFP) process, depending on the situation. The RFQ/IFB process (RFQ/B) can be utilized to contract for important construction projects or maintenance service contracts for which detailed specifications can be articulated. At the outset, the prequalification process utilizes minimum threshold requirements that prospective bidders 11.1 p. 289 of 332 Purchasing Policy Section 4 – Procurement Methods 22 must meet (determined by an evaluation process) to provide a sealed bid, to be awarded to the lowest responsive and responsible bidder. The RFQ/RFP process (RFQ/P) can be an effective way to contract for services or system solutions where professional or technical expertise or complex functional requirements, are critical and overriding considerations. In this type of procurement, submitting firms are evaluated based on their qualifications (which can include minimum threshold requirements), followed by a competitive negotiation. Governing Law(s) and Reference Documents 1. City Charter 2. City Code 3. California Department of Industrial Relations (DIR) Contractor Registration Information 4. California Qualifications Based Selection (QBS) Requirements 5. Federal Brooks Act 4.8 Emergency Procurement This section establishes the fundamental elements required for emergency procurements. 1. Emergency Procurements Defined. Emergency procurements are those purchases defined as immediately necessary for the preservation of life, health or property, or for the continued operation of a department. Emergency procurements required as the result full or partial activations of the Emergency Organization shall be conducted in conjunction with Chapter 9 of the City Code (Emergency Organization and Functions). 2. Authority and Responsibility. The City Administrator or their designee may make or authorize others to make emergency procurements, regardless of cost. 3. Competitive Bidding. Emergency procurements shall be made with such competition as is practical under the circumstances, or that is required for reimbursement funding, and shall be limited to those goods and services necessary to satisfy the emergency need. 4. Written Report and Ratification Required. In such circumstances where emergency procurements are required, the department head or designee shall provide a written report of the procurement to the appropriate award authority, including a description of the emergency and the basis for selection of the contractor. A copy of this report shall be included in the procurement records maintained by the purchasing coordinator. 4.9 Purchases Exempt from Competitive Bidding This section describes the types of purchases that may be exempted from competitive bidding requirements, subject to the appropriate approvals. 1. Enumerated Bid Exemptions. The following may be appropriately justified as exemptions to the competitive bidding requirement: 11.1 p. 290 of 332 Purchasing Policy Section 4 – Procurement Methods 23 a. Emergency procurements as defined herein. b. Situations where solicitations of bids or proposals would for any reason be unavailing or impossible. c. Professional or specialized services as defined in Subsection 3.2, General Categories of Purchases on page 5. d. Public library collection materials. e. Insurance, bonds or financial services. f. Single or sole source goods or services as defined herein. g. Highly specialized equipment developed or designed for a special activity or function or whose purpose is in the best interests of the City due to compatibility with existing equipment or training of personnel. h. Procurements funded by grants, donations or gifts when any special conditions require the purchase of particular materials and/or services. i. Purchase of surplus property owned by another public entity, or payment to other public entities or utilities. j. Membership dues, conventions, training, travel arrangements, or advertisements in magazines, newspapers, or other media. k. Works of art, entertainment or performance. l. Goods procured for resale to the public. m. Where competitive bids or proposals have been solicited and no bid or proposal has been received. In such situations the City Administrator may proceed to have the goods procured or services performed without further competitive bidding. n. Computer software license or subscription renewals. o. Human Resources investigation, legal services, and medical services, including but not limited to, fitness for duty evaluations, expert witnesses, and other employment related medical services. p. Regulatory permits. q. Subscriptions. r. Reimbursements and/or refunds of payments made to the City. s. In other cases when specifically authorized by the Council (if over $100,000) after a finding and determination that it is in the best interests of the city. 2. Negotiations. The purchasing coordinator or designated staff can conduct negotiations, if/as appropriate, as to price, delivery and terms and may require the submission of cost or price data in connection with the award of a contract that does not require competitive bidding. 3. Competitive Bidding When Possible. Nothing in this section shall preclude the solicitations of competitive bids or proposals, when possible. 4. Documentation and Approval Required. Goods or services proposed to be exempt from a competitive bidding process must be appropriately documented and approved before a transaction can be conducted, as follows: 11.1 p. 291 of 332 Purchasing Policy Section 4 – Procurement Methods 24 a. Purchases greater than $50,000 require City Administrator approval that must accompany a purchase requisition before a purchase is made. b. Purchases between $53,000 and $49,999 require approval by the Finance Director or designee that must accompany a purchase requisition before a purchase is made. Governing Law(s) and Reference Documents 1. Chapter 9 of the City Code 4.10 Cooperative Purchases This section discusses fundamental elements of cooperative purchasing programs. Use of purchasing cooperatives is encouraged as a way of obtaining goods and services by aggregating volume, securing value pricing, and reducing administrative overhead. Measured use of purchasing cooperatives can significantly reduce the time and resources needed to competitively bid goods and services contracts. 1. Authority to Use Cooperative Purchasing Programs. The purchase of goods and/or services made under cooperative purchase programs, leveraging purchasing agreements maintained or utilized by the state, county or other public or quasi-public agencies, is authorized under Section 703 of the City Charter, Powers and Duties of the City Administrator. Cooperative purchasing contracts must be approved by the appropriate award authority. 2. Competitive Bidding. Cooperative purchasing programs should be based on competitively awarded contracts whenever possible, and documentation as to the advantage of the cooperative purchase will be retained by the purchasing coordinator in conjunction with the value analysis requirements listed below. 3. Purchasing Cooperatives. There are numerous purchasing cooperatives the staff can evaluate for use. Some leading cooperatives include state contracts such as California Multiple Award Schedules (CMAS) of the Department of General Services (DGS); U.S. Communities Cooperative Purchasing; National Joint Powers Alliance (NJPA); NASPO ValuePoint (formerly WSCA-NASPO, or the Western States Contracting Alliance- National Association of State Procurement Officials); and federal General Services Administration (GSA) procurements (GSA Advantage for State and Local Governments). 4. Value Analysis. The determination to make a purchase using a purchasing cooperative agreement requires an analysis to determine whether the procurement represents the best value to the city. Purchases using any given cooperative need not be based on the absolute lowest pricing and may consider factors in addition to price such as the time and/or resources needed to competitively bid the good or service. The analysis will be 11.1 p. 292 of 332 Purchasing Policy Section 4 – Procurement Methods 25 performed and documented by user departments, with assistance provided by the purchasing coordinator. 5. Piggyback Contracting. Subject to the appropriate approval authority, authorized staff may enter into contracts for goods and services purchases, the pricing and terms of which have been previously established by another public agency. The following requirements apply to piggyback contracts, and must be verified by the purchasing coordinator prior to contract award: a. The parties to the original contract agree to the piggyback. b. The contract is for identical or nearly identical goods and/or services. c. The original contract resulted from competitive bidding or proposal procedures similar to those required by the city. d. The original contract was awarded within two years of the city’s purchase, or written justification is provided to support the use of an older solicitation. e. The price of the purchase is comparable to that estimated by the requesting department. Provided that the above conditions are met and the purchase is approved by the appropriate award authority, the purchasing coordinator will issue a purchase order and/or execute (or cause to be executed) a separate contract with the vendor selected by the originating agency which incorporates by reference the original solicitation, terms, conditions and prices. Governing Law(s) and Reference Documents 1. Section 703 of the City Charter 11.1 p. 293 of 332 Purchasing Policy Section 5 – Specification Development 26 Section 5 – Specification Development 5.1 Specifications for Competitive Bidding – Overview Specifications define precise requirements for the solicitation of goods and/or services. Writing specifications is a collaborative process between user departments and the purchasing coordinator to translate specific needs into detailed requirements. 1. Definition. A specification is a precise description of the physical characteristics, quality, or desired outcomes of a commodity to be procured, which a supplier must be able to produce or deliver to be considered for contract award. 2. Collaborative Process. Writing bids or proposal specifications is a collaborative process between user department and purchasing to develop specifications with the goal of promoting competition. 3. Clear Language. Specifications should use plain language that is relevant to and understood by the bidding community. 4. Promote Competition. Good specifications should promote and not unduly restrict competition. Use of restrictive specifications must be properly justified in accordance with the provisions of this section. 5. Specification Attributes. There are essentially two types of specifications: design and performance. Specifications typically contain elements of design and performance and may be viewed as a continuum with each element on opposing ends. a. Design Specifications. Design specifications establish the characteristics that a commodity must possess, and may include manufacturing details such as engineered plans, drawings or blueprints. b. Performance Specifications. Performance specifications describe a commodity’s desired outcome. i. Functional Descriptions or Requirements. Performance specifications may utilize functional descriptions of defined tasks or desired results. Functional requirements are typically used for solutions such as software systems. ii. Brand Name Specifications. In areas where the city has standardized a particular product such as fleet vehicles, staff may use one brand name manufacturer, subject to approval by a department head (see also Section 6, Sourcing and Standardization on page 286). Brand name specifications are restrictive, limit competition, and can result in increased cost. Use of brand name specifications must be carefully evaluated before using them in competitive bid documents. 11.1 p. 294 of 332 Purchasing Policy Section 5 – Specification Development 27 iii. Brand Name or Approved Equal. Specifications that contain “brand name or approved equal” are based on functional equivalency and should be used whenever possible to promote competition and reduce pricing. 6. Specification Development. Specification development is a critical part of the competitive bidding process. In many cases specifications can be highly complex and technical and require subject-matter expertise beyond that of city staff. The following steps should be considered when developing specifications. a. Collaborate. Meet with stakeholders of the procurement to formulate and understand needs, and to internally peer review the specifications. b. Conduct Market Research and Analysis. Research and analysis help inform product design and/or performance and create understanding of market and supply chain trends. c. Contact Other Public Agencies. Other public agencies may have conducted a similar procurement and can share information and valuable insight. d. Seek Professional Assistance. In some instances, contractors or consultants must be engaged to create complex or highly technical specifications. Note: NEVER obtain or accept specifications directly from a potential bidder. This will give the bidder an unfair competitive advantage, require that the bidder be disqualified, and may result in protest actions or legal challenges. Governing Law(s) and Reference Documents 1. Best practice document on specifications 11.1 p. 295 of 332 Purchasing Policy Section 6 – Sourcing and Standardization 28 Section 6 – Sourcing and Standardization 6.1 Sourcing and Standardization Overview It is city policy that purchases be based on competitive bidding whenever possible to maximize the best value in the expenditure of public funds. Competition tends to be limited when goods or services are sourced to one entity or standardized to one particular brand or manufacturer. Careful consideration must be given before a decision is made to standardize products and/or to request single or sole sourced procurements. 6.2 Single and Sole Sourcing 1. Single Source. Single source is defined as the selection of a good or service that may be available from two or more sources, but there is compelling reason to select one particular vendor. 2. Sole Source. Sole source is defined as the selection of a good or service that can only be obtained from one supplier or manufacturer because of its specialized, proprietary or unique in character. Single and sole source procurements must be properly documented and approved in accordance with city policies and procedures. 6.3 Standardization 1. Standardization. Standardization is an organized process to adopt one product or group of products to be used by the city, such as particular computer hardware or software. Product standardization may be utilized to create efficiencies, enhance safety, increase productivity, promote brand consistency, or to foster interoperability. Product standardization decisions are made by consensus of the executive team after careful consideration and review of recommendations from staff. 11.1 p. 296 of 332 Purchasing Policy Section 7 – Special Policies and Programs 29 Section 7 – Special Policies and Programs 7.1 Special Programs and Policies Overview Depending on the amount and/or type of purchase, there are several policies and programs that must be considered. These include:  Application of Local Purchasing Preference;  Minority, Disabled and Woman Owned Business Policy Statement;  Environmentally Preferable Products; and  Policies and Procedures for Purchases Utilizing Federal Grant Funds. Each is described below. 7.2 Local Purchasing Preference The City Council has established a 5% local purchasing preference to be given to local businesses who respond to bidding opportunities or otherwise contract with the city (excluding public works construction and professional services), under the following guidelines and conditions. 1. Definition of Local Business. A local business is defined as a vendor or contractor who: a. Has a fixed place of business in the city limits and the point of sale (for the business’s sales tax reporting purposes) occurs within the city limits, b. Is current in the payment of their business license tax, and c. Is in compliance with city laws and does not owe money to the city. 2. Applicable Purchasing Methods. The local preference will be applied to competitive bidding or letting contracts for the purchase of goods and applicable/associated services, whether by formal bid, informal bid, or competitive proposal processes. 3. Making the Calculation. The local preference calculation will be determined as follows: a. The purchasing coordinator will apply a 5% discount to the total bid pricing provided by the local business for the purpose of calculating the lowest responsive and responsible bidder. 11.1 p. 297 of 332 Purchasing Policy Section 7 – Special Policies and Programs 30 b. If a competitive negotiation process is used, then the local business will be assigned 5% of the total evaluation points. 4. Inapplicability. Application of the local business preference does not apply in the following situations: a. Purchases of goods and services through legal contracts of other governmental jurisdictions or public agencies, or cooperative purchasing agreements; b. Contracts for professional or legal services; c. Purchases or contracts which are funded, in whole or in part, by a governmental entity, or private and public grants and the laws, regulations or policies governing such funding prohibit application of the local preference; and d. Purchases made under emergency situations. 5. Reserved Rights. The local purchasing preference does not prohibit the Council or purchasing coordinator from comparing quality or basing purchasing decisions on the quality of goods and/or services. 6. Notification. Information regarding the local purchasing preference should be provided to prospective bidders to the best extent possible, but failure to do so will not be grounds for invalidation of any purchase order or contract awarded under the city’s purchasing policies. 7.3 Minority, Disabled and Woman Owned Business Policy Statement It is the policy of the City to ensure full and equitable opportunities for minority business enterprises, women business enterprises, disabled business enterprises, and local small businesses. To assure equitable opportunities for participation, the purchasing coordinator or designated staff carry out the following programs:  Contractors must sign a certification that they and their subcontractors are in compliance with the City’s Fair Employment Practices Policy  City staff works to actively develop vendors in these disadvantaged classifications on a day-to-day basis.  Bidding opportunities will be provided to known vendors in targeted groups.  The purchasing coordinator will assist in the development of technical assistance programs for these disadvantaged classifications. 11.1 p. 298 of 332 Purchasing Policy Section 7 – Special Policies and Programs 31 7.4 Environmentally Preferable Purchasing Policy Purchases for goods and services shall ascribe, wherever and whenever possible, to the Environmentally Preferable Purchasing Policy. The current policy can be found at the below link. https://www.cityofgilroy.org/DocumentCenter/View/13566/Reso-2007-50-Environmental- Preferable-Purchasing-Policy 7.5 Policies and Procedures for Purchases Utilizing Federal Grant Funding When purchasing goods and services under a federal grant award, the city is required to follow the provisions of 2 CFR Part 200 Subpart A §200.318 General Procurement Standards through §200.326 Contract Provisions. 11.1 p. 299 of 332 Purchasing Policy Section 8 – Purchasing-related Instructions and Procedures 32 Section 8 – Purchasing-related Instructions and Procedures This section contains several purchasing-related instructions and procedures. 8.1 Bid/Proposal Protest Procedures Contractors who have submitted timely bids or proposals may wish to protest or appeal a contracting decision or procurement made by the appropriate award authority. Protest actions must follow the procedures provided below. Protests of appeals, which are not submitted in accordance with these procedures, will not be considered. 1. Protesting Party. Only bidders or proposers who have submitted timely bids or proposals can initiate a protest action or appeal. 2. Protest Procedures. The following procedural steps must be followed to consider a protest: a. The protest must be in writing and hand delivered or /sent by registered mail. Once received, it will be date stamped at the Finance Department counter. b. The protest must be filed received within five working days after the announced decision to award a contract. c. Copies of the protest and all supporting documentation must be concurrently transmitted to all other parties with a direct financial interest that may be adversely impacted by the outcome of the protest. Such parties shall include all other bidders who appear to have a reasonable prospect of receiving an award depending upon the outcome of the protest. d. The protesting party must bear all of its own costs and fees in conjunction with protest or appeals processes. 3. Protest Filing. The written protest shall: a. Include the name, street address, business phone number and email address of the protestor. b. Identify the project under protest by name, IFB, RFP or quotation number. c. Contain a concise statement of the grounds for protest. d. Include all supporting documentation. 11.1 p. 300 of 332 Purchasing Policy Section 8 – Purchasing-related Instructions and Procedures 33 4. Protest Review Prior to Award. The purchasing coordinator or designated staff will withhold contract award pending disposition of the protest unless it is determined that an emergency exists. Upon review with the City Attorney, the purchasing coordinator or designee will respond in writing to the material issues raised in the protest no later than ten working days after receipt of the protest. 5. Right of Appeal. The protestor may appeal the initial determination to the finance director in writing within five working days after notification of the purchasing coordinator’s decision. The finance director will review the submitted information and render a final decision within ten working days. 6. Protest Received and Reviewed After Contract Award. Protests after award will not be considered unless the protest concerns a matter which arises after the award or could not have been discovered or reasonably known prior to award. 8.2 Central Supply Stores A central supply storeroom for commonly used supplies has been established in the Finance Department and may be accessed by all employees on a self-serve basis. Departments are not charged for supplies. Notify the purchasing coordinator if a stock outage is noticed or if any specific supply is getting low, and the item(s) will be restocked. Office supplies not carried in the central storeroom can be evaluated for stock based on need (notify the purchasing coordinator) or obtained through blanket purchase orders or on purchasing cards. The purchasing coordinator can also assist with special orders for items not commonly carried. 8.23 Certificates of Insurance and Coverage Requirements To minimize the city’s exposure to loss, all contractors must be appropriately insured and must include the city as an “additional insured” on their insurance policy. Contractors are also responsible for up-to-date insurance certificates with required policy endorsements that provide the city with required insurance coverage and indemnity provisions. The Human Resources/Risk Management Department maintains current insurance requirements. Please refer to the insurance requirements in effect at the time of procurement. 8.34 Instructions to Bidders Clear, concise and consistent instructions to bidders and proposers (hereafter “bidders”) are a key part of the bidding process and help to enhance process clarity and ensure that prospective offerors are informed of all city requirements. The instructions inform bidders how to prepare and submit bids, establish mandatory requirements, cover the bid addendum process, and how to withdraw or protest bids, among many other items. The instructions for IFBs and RFPs are similar but contain important differences due to the way contracts are awarded (low bid versus best value). The instructions for each type of competitive process are contained in the bidding templates. 11.1 p. 301 of 332 Purchasing Policy Section 8 – Purchasing-related Instructions and Procedures 34 In some cases, modifications can be made to the instructions, but this must be done in consultation with the purchasing coordinator and/or City Attorney’s Office. 8.55 Lease, Rental and Lease-to-Purchase Procurements In some cases it may be beneficial to rent or lease equipment rather than purchasing it due to funding availability, length of time the equipment is needed, etc. Under certain circumstances it may be optimal to purchase the equipment at the end of the lease period. Equipment rentals or leasing may make the best economic sense in these situations:  Week-to-week or month-to-month rentals of short duration (less than one year).  Leasing for short timeframes (more than six months but less than three years).  Renting/leasing to evaluate equipment suitability prior to purchase. In these instances, a “no-cost” purchase order may be a better option if the vendor is willing.  Leasing equipment when a new or improved design is imminent and the leasing charges can be applied to the purchase cost of the new item.  Securing a lease to purchase because the purchase price exceeds the current appropriation. When considering equipment rental, lease or lease-to-purchase agreements, it is highly recommended that the following provisions be negotiated and included in the agreement:  Lease and lease-to-purchase agreements should include a non-appropriation clause for multi-year financing.  Agreements under any scenario should include a “cancellation for convenience” clause.  A percentage of payments should be applied to an eventual purchase.  Leasing agreements must include the annual interest rate, along with a payment schedule that shows each principal and interest payment (to be forwarded to the Accounting Division).  A lease-to-purchase agreement for capital equipment should have a minimum life expectancy of five years. Equipment leasing must be carefully considered. Leased equipment costs more than purchasing outright, and if the equipment is not purchased, the city cannot take advantage of any residual value. 8.56 Life Cycle Cost Analysis Life cycle analysis, or total cost of ownership (TCO), considers the long-term cost of equipment assets and citywide systems such as the financial system. Costs include acquisition, installation, ongoing maintenance and end of life disposal. 11.1 p. 302 of 332 Purchasing Policy Section 8 – Purchasing-related Instructions and Procedures 35 8.67 Service Provider Evaluation When preparing to contract for services, it is important to evaluate service providers to determine whether they are independent contractors or if they are more appropriately characterized as temporary employees. 8.78 Surplus Property Disposal All city equipment, supplies, and vehicles (“personal property” or “property”) will eventually reach the end of their useful life and must be disposed of, and to the best extent possible, generate revenue through sale or traded-in when new equipment is purchased. The following procedures apply to the disposal of surplus property:  Surplus Disposal. It is the responsibility of department heads to determine when an item is obsolete or excess surplus property. After such determination is made, the surplus property may be transferred to another department or used as a trade-in for new equipment. Surplused items may be donated, sold through a competitive sealed bid process, or sold at public auction to another governmental or non-profit entity. For final disposal, City Council shall approve of items to be surplused.  Sale of Surplus Property. As required by Section 2.43(c)(6) of the City Code, the sale of surplus property is subject the approval of the City Administrator except that sale of property having a value consistent with those classified as fixed assets by the fixed asset accounting rules in effect at the time of the request must be approved by Council.  Property List. The department surplusing an item shall submit a list of property items, the current value, and the asset number, if applicable, to the purchasing coordinator. The purchasing coordinator will periodically compile a list of excess items and provide it to all departments for review, and will subsequently obtain approval from the City Administrator and/or City Council. Upon approval, the following three options are available to dispose of the items: o Sale to Another Governmental Entity. Surplus personal property may be sold at fair market value to another governmental entity (or non-profit organization). Such entity will have no more than 3 weeks to accept or reject the offer. If accepted, the entity will be invoiced by Accounts Receivable. All applicable sales tax shall be included. Note: The receiving entity is responsible for transportation and liability of the item o Auction. This option provides a convenient and efficient means of disposing surplus. After an item has been declared surplus, the purchasing coordinator will coordinate with the surplusing department to arrange for pickup by the auction company. o Competitive Bids. The purchasing coordinator may require that sealed bids be obtained for certain surplus equipment, such as vehicles with considerable resale value. Sealed bids shall be advertised in a newspaper of general 11.1 p. 303 of 332 Purchasing Policy Section 8 – Purchasing-related Instructions and Procedures 36 circulation (if available), and on the City’s website, 10 days prior to the bid opening. Prospective bidders shall have the opportunity to evaluate the equipment prior to bid opening as prescribed by the purchasing coordinator. Award will be made to the bidder most responsive to the City’s needs. The equipment shall be bid upon in “as-is” condition with no warranty, and a 10% deposit in the form of a money order or cashier’s check must be submitted at the time of bid opening, with a balance due within 7 calendar days. Deposits will be returned to unsuccessful bidders within 14 calendar days.  Donations of Surplus and Preferred Recipients. In order of preference, surplus items may be donated to: 1) the Gilroy Unified School District; 2) the Gilroy Chamber of Commerce. Surplus property unlikely to generate significant revenue and that are not transferred to other departments may be donated to other public agencies, to Gilroy’s sister cities, or to non-profit organizations. Any donation of surplus property to a non-profit organization shall be approved by the City Council upon findings that the non-profit is qualified under section 501(c)(3) of the Internal Revenue Code and that the donation will benefit the City and its constituents. All donations pursuant to this section shall be without warranty, express or implied, and the transferee shall agree to defend, indemnify and hold harmless the City, its officers and employees, from any claim, cause of action, damage, loss or liability arising out of the condition of the property or its use by the organization or subsequent transferee.  Specialized Police Department Surplus. Upon the request of the Gilroy Police Chief and with City Council approval, surplus items of a unique nature, i.e., guns, vests, and other protective equipment may be disposed of in an appropriate manner to suitable recipients. Disposal shall incorporate the Range Master’s Policy in regard to the sale of guns to a Gilroy police officer or other law enforcement officer.  Stolen Property. All stolen property shall be held by the police department for a period of 6 months. Periodic lists shall be prepared by the police department and submitted to the purchasing coordinator, to be agendized and declared surplus. Items will be disposed of in the most equitable manner. The only exception is Bicycles, which shall only be sold at public auction once declared surplus.  Tracking Surplus. Regardless of the value established in policy, departments shall furnish a memorandum to the purchasing coordinator for tracking low value items. Broken or unrepairable items considered trash need not be listed in the memorandum.  Revenue. The revenue received for the sale of surplus property shall be deposited in the General Fund or other appropriate fund for certain equipment sales. 11.1 p. 304 of 332 Purchasing Policy Section 8 – Purchasing-related Instructions and Procedures 37 8.89 Used Automobile Purchases For efficiency purposes, the Council has waived formal bidding procedures for purchasing used vehicles under the following conditions:  A budgeted appropriation exists.  A determination is made by the fleet manager that purchasing a used vehicle is in the city’s best interest.  All Gilroy used-car vendors are notified of the city’s intent to purchase. The following procedures and requirements must be followed to purchase a used vehicle:  The fleet manager will develop specifications based on the user department’s needs.  The fleet manager will solicit at least three written quotes utilizing informal procurement procedures; two of which must be solicited from Gilroy vendors.  The used vehicle must have less than 25,000 miles and be less than 2 years old.  A thorough inspection of each vehicle under consideration will be performed by Fleet Division staff, who will make a recommendation for purchase.  The fleet manager will submit a purchasing requisition for department head authorization.  After the issuance of a purchase order, Fleet Division staff will arrange for transportation to the city and ensure vehicle registration. They are also responsible for submitting sale documentation to accounts payable in a timely manner.  The fleet manager will prepare a report for Council review. 11.1 p. 305 of 332 Purchasing Policy Section 9 – Glossary of Terms 38 Section 9 – Glossary of Terms 9.1 Definitions This section defines relevant purchasing terms and terminology in use by the City of Gilroy. Agreement. A mutual, written understanding between two or more competent parties, whereby one party agrees to perform as defined in the agreement and the other party agrees to compensation for the performance rendered in accordance with the agreement conditions. Agreement and contract may be used synonymously. Amendment. An agreed upon modification to an existing contract. Appropriation. Authorization by the City Council to expend budgeted funding for city operations and infrastructure, or other designated purposes. Award. The acceptance of a bid or proposal; the presentation of a purchase agreement by the award authority to a bidder or offeror. Award Authority. The governing body or staff person authorized to approve the purchase of goods and services on behalf of the city; the staff person(s) authorized to approve or execute procurement contracts and otherwise legally bind the city. Best Value Procurement. A procurement that is awarded based on factors in addition to price. Best value procurements are mainly conducted through the competitive proposal process. Bid Addendum. A bid addendum is a document issued to all known participants (“planholders”) in a competitive bid process that makes a change to the bid documents/project (i.e., changes to specifications), or process (like a bid due date extension). Bid Opening. The process in which sealed bids are publicly opened, in the presence of at least one witness, at the time and place specified in the invitation for bids. Blanket Purchase Order (BPO). A limited-term contract for goods and/or services based on unit pricing, typically for one-year renewable periods. BPOs may be established with indefinite quantities, allowing end users flexibility to order products when needed, or for on-call services. Change Order. A contract modification consisting of additions or reductions in work or materials approved by the City Council or purchasing coordinator. Commodity. Goods consisting of supplies, materials and equipment. 11.1 p. 306 of 332 Purchasing Policy Section 9 – Glossary of Terms 39 Competitive Bidding. The process of soliciting and obtaining formal and informal bids, including price quotations, from competing sources, by which an award is made to the lowest responsive and responsible bidder. Competitive Proposals. The process of soliciting and obtaining formal and informal proposals from competing sources, by which an award is made to the proposer whose solution provides the best value to the city. The award may be made based on factors in addition to price, e.g., a higher price can be paid for goods and/or services if the value can be justified. Conflict of Interest. A conflict of interest in conjunction with a city purchase is a situation where an employee or a member of the employee’s family stands to benefit financially from the procurement. Contract. See Agreement. Cooperative Procurements. A variety of arrangements whereby two or more public entities purchase goods and/or services from the same supplier or multiple suppliers using a single competitive bid or proposal; the combining of the requirements of two or more public entities to leverage the benefits of volume purchases, including administrative savings and other demonstrable advantages. Design-build. A public works contracts procurement method in which both the design and construction of a project are procured from a single entity. Design-build contract. A public works contracts equal to or in excess of one million dollars ($1,000,000) for a project to be constructed using a design-build process. Design-build entity. A partnership, corporation or other legal entity that provides licensed contracting, architectural or engineering services for a design-build contract. Design professional. A professional, either City staff or an outside consultant licensed by the State of California, who develops the criteria package which may include, but is not limited to, facility program, design criteria, performance specifications and other project-specific technical materials. Encumbrance. An accounting entry that commits an appropriated dollar amount to be spent. Formal Sealed Bid. A procurement method for goods and/or services anticipated to be greater than $100,000 whereby sealed Invitations for Bids (IFBs) are submitted and publicly opened, with a contract awarded to the lowest responsive and responsible bidder. Formal Sealed Proposal. A procurement method for goods and/or services anticipated to be greater than $100,000 whereby sealed Requests for Proposals (RFPs) or similar proposal documents are submitted and reviewed by an evaluation committee based on established criteria, with a contract awarded to the responsive and responsible proposer whose solution provides the best overall value to the city. General Services. Work performed or services rendered by independent contractors such as custodial services, building and equipment maintenance, machinery and equipment rental, and utility services, excluding contracts for public works. 11.1 p. 307 of 332 Purchasing Policy Section 9 – Glossary of Terms 40 Goods. Supplies, materials and equipment to be furnished or used by any department of the city, including items purchased by the city and furnished to contractors for use in public works projects. Informal Bid or Proposal. Competitive bids or proposals anticipated to be $100,000 or less conducted under informal procurement procedures. Invitation for Bids (IFB). The type of bid document typically used in a competitive (formal) sealed bidding process. Components include but may not be limited to a bid invitation, instructions to bidders, bid schedule(s), terms and conditions and technical specifications. Job Order Contract. As-needed contracts for small construction or maintenance projects and/or for urgent or emergency repairs where time is of the essence. These types of contracts are bid on a unit cost basis and awarded based on not-to-exceed amounts approved by the appropriate award authority. Job Order Contracts may be established as Master Agreements. Local Purchasing Preference. A 53% bid preference granted to local bidders whose principal place of business is located within city limits, subject to policy limitations. Lowest Responsive and Responsible Bidder. The bidder to be awarded a contract who fully complies with all material bid requirements, whose past performance and financial capacity is determined to be acceptable and has offered the lowest price. Master Agreement. A contract that is awarded to multiple qualified providers pursuant to a primary agreement with a standard set of terms and conditions, typically created under a competitive proposal process. Once established, services are distributed among providers with discrete project work negotiated through task orders; also referred to as Master Service Agreements (MSA) or Master Professional Service Agreements (MPSA). Piggybacking. A form of intergovernmental cooperative purchasing whereby the city utilizes the contract pricing and terms of another government agency. Prevailing Wages. The wage rates, including fringe benefits, paid to a majority of workers in a geographic area for the same type of work on similar projects as established by the California Department of Industrial Relations. Professional Services. Services provided by a person or firm engaged in a profession based on highly specialized and/or technical knowledge or skill; services considered distinct and unique to such a degree that bidding may not be feasible, if appropriately justified and documented. Some examples include accountants, attorneys, artists, architects, engineers and physicians. Public Works. The construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind, including demolitions, and the construction and installation of drainage systems, lighting and signaling systems, sewer and water systems, and park and recreational facilities. Purchasing Coordinator. Designated finance staff responsible for issuing bid #s, coordinating the issuance and opening of bids and proposals, reviewing requisitions, and issuing purchasing orders. 11.1 p. 308 of 332 Purchasing Policy Section 9 – Glossary of Terms 41 Purchase Order. A legally binding contract issued by purchasing staff to a vendor which includes the terms and conditions of a transaction. Purchase Requisition. The document required to be submitted through the financial system to begin the procurement process. Purchase requisitions must be properly documented and approved for the procurement process to proceed. Qualified list of design-build entities. A list of design-build entities selected based on a competitive selection process and who are determined to be qualified to act as a design-build entity for the City on public works projects equal to or in excess of one million dollars ($1,000,000). Ratification. The process by which an unauthorized purchase is approved or ratified by the appropriate award authority after-the-fact. Request for Proposals (RFP). The solicitation document used to solicit proposals for goods and/or services from potential providers. Request for Qualifications (RFQL). Also referred to as Requests for Statements of Qualifications (RSQ), this type of solicitation seeks to establish qualified applicants or pools of applicants for as- needed services, sometimes under Master Professional Service Agreements (MPSA); most commonly used for architectural and engineering services or other highly specialized consultants. Request for Quotations (RFQ). The type of bid document used for obtaining competitive quotes through the informal procurement procedures. Responsible Bidder. A bidder is considered responsible if they possess the demonstrated ability, capacity, experience and skill to provide the goods and/or services in accordance with the city’s requirements; has a record of satisfactory or better performance under prior contracts with the city and other entities; and has complied with laws, regulations and guidelines governing prior or existing contracts. Responsive Bidder. A person or entity who has submitted a bid which conforms in all material respects to a bid or proposal solicitation. Single Source. A good or service that may be available from more than one source, but a compelling justification can be made to obtain the good or service from one particular vendor. Sole Source. A situation where a good or service can only be obtained from one source due to its proprietary or specialized nature. Specification. A precise description of the physical characteristics, quality, or desired outcomes of a commodity to be procured, which a supplier must be able to produce or deliver to be considered for award of a contract. There are two types of specifications: design and performance. Standardization. The process to adopt one product or group of products to be used by the city, such as particular computer hardware or software. 11.1 p. 309 of 332 Purchasing Policy Section 9 – Glossary of Terms 42 Surplus Property. Supplies, materials, and equipment that is no longer used or has become obsolete, to be sold, exchanged or donated by the purchasing coordinator in accordance with policy provisions covering surplus property donations. 11.1 p. 310 of 332 Page 1 of 6 City of Gilroy STAFF REPORT Agenda Item Title:Update on the Status of Council and Departmental Workplans Meeting Date:March 6, 2023 From:Jimmy Forbis, City Administrator Department:Administration Submitted By:Bryce Atkins, Assistant to the City Administrator Prepared By:Bryce Atkins, Assistant to the City Administrator STRATEGIC PLAN GOALS •Develop a Financially Resilient Organization •Ensure Neighborhood Equity from City Services •Promote Economic Development Activities •Promote Safe Affordable Housing for All •Maintain and Improve City Infrastructure RECOMMENDATION Council receive the update. EXECUTIVE SUMMARY Staff is bringing an updated status report for the Fiscal Year 2022 and 2023 Council Legislative Agenda and departmental workplans (collectively, the “Workplan”). Overall, work is progressing on these items, with a few additional items being completed between the January 28, 2022 Strategic Planning Workshop and today. There are also a few other items recommended for removal or consolidation with other Workplan items. BACKGROUND The City’s Workplan was adopted as part of the budget process in 2021 and incorporated into the Fiscal Year 2022 and 2023 budgets. There was a total of 124 initial items included. These include the 16 items in the City Council’s Legislative Agenda, with the remaining being items included in the departmental workplans. 11.2 p. 311 of 332 Update on the Status of Council and Departmental Work Plans City of Gilroy Page 2 of 6 March 6, 2023 ANALYSIS Purpose This report is intended to provide the foundation for the Workplan discussion and prioritization at the special meeting on March 13, 2023. Staff received the feedback from Council at the January 28, 2023 Strategic Planning Session, requesting more specific timelines and for updates that better demonstrate the status of the projects. Staff has compiled the attached, revised Workplan update. Staff will provide a presentation on the status of these items on the March 6, 2023 City Council Regular Meeting. The remaining Workplan items will be brought back on the March 13 special meeting to discuss and prioritize the tasks to make the next two-year Workplan. At that meeting, the new items that the City’s departments wish to add, as well as the 12 items requested by the City Council at the Strategic Planning Session in January, will be included on the Workplan to be prioritized for the following two-year cycle. Revisions Since the original report presented on January 28, 13 items have since been completed. 1. ERP Implementation in Finance’s workplan 2. ERP Implementation in IT’s workplan 3. Multifunction Printer Replacement City-wide 4. Type I Fire Engine Build and Deployment 5. Development of specifications and purchase a second Type I and Type III Engine 6. Develop and Implement Fleet Maintenance/Repairs Alternative Solutions 7. Customer Service Training for employees 8. Pursue Opportunities for City-Owned 536 Acres at Hecker Pass 9. Pursue Opportunities for Sports Park 10.Pursue Grant Opportunities 11.Downtown Committee Recommendation: Implement a Façade/Painting Improvements or Plywood/Blight Removal Program 12.Downtown Committee Recommendation: Create a downtown Building/Planning Fee Reduction Program 13.Downtown Committee Recommendation: Downtown Jumpstart Kickoff Meeting However, staff has made a few changes in the attached Workplan update document since last being presented. These changes include: 1. A new column with anticipated completion timeframes has been added. Based on feedback from Council at the January 28th Strategic Planning Study Session, staff has added timeframes to better identify the status of projects that are currently underway and when they might be completed. The timeframes are 11.2 p. 312 of 332 Update on the Status of Council and Departmental Work Plans City of Gilroy Page 3 of 6 March 6, 2023 presented in calendar year and quarter format. For example, if an item is anticipated to be completed in August of 2023, it would read 2023 - Q3. This report is based on calendar years, and not fiscal years, to avoid confusion by members of the public who may not be familiar with the fiscal year the City operates within. 2. Revised descriptions for the updates have been made, some with progress updates between the two reports, and others simply providing more information than was included before. 3. Three new status types have been added: a. Pending, meaning the project is waiting on another process, step, or external requirement to proceed further. b. Consolidated, meaning that the task is being combined with another. Most of these consolidations are the Council Legislative Agenda items that had duplicates in a department’s workplan to implement them. There are also a few that had two departments working on the same project, listed separately. There were nine items that were consolidated with duplicate items on the Workplan. c. Removed, meaning that the project, for reason(s) identified in the update column, are being removed from the Workplan. There were five such items, and the reason for their removal is listed in the update. 4. A few of the Workplan items were multiple projects within themselves. As such, the items of implementing the Unhoused and Downtown ad hoc Committees’ recommendations have been split apart, with each of their recommendations being listed as their own Workplan item. This increased the total number of projects listed from the original 124 to 146. 5. With the Downtown Committee being reformed, the recommendations have been pulled from the departmental workplans as the Committee is anticipated to receive reports separately on their performance and report back to the City Council. The downtown recommendations and status are included as a separate attachment. 6. Below is a table showing the number of items initially with the expansion described in change #4 listed above, and then adjustments to reach the current total of 60 items remaining in the Workplan1. 1 The items moved to the Downtown Committee will still require staff time, but are going to be accounted for differently as the reporting of these items, and discussions relating to them, will be handled in a Council Downtown Committee. 11.2 p. 313 of 332 Update on the Status of Council and Departmental Work Plans City of Gilroy Page 4 of 6 March 6, 2023 Below is a table that shows the items in the Workplan update list that are recommended for consolidation or removal, as well as a very brief statement about the reason for the action taken. Item Reason Consolidation Recommended Items Downtown Façade Program Consolidated with Downtown Committee Recommendation Develop Inclusionary Housing/Affordable Housing Incentive (in‐lieu fee) Policy Combining with Council Legislative Item for In-Lieu Fees vs. Allocations Begin Downtown Specific Plan (Grant Dependent) Combining with Council Legislative Item for the Downtown Specific Plan Update Develop/Revise Permanent Parklet & Outdoor Dining Policies Combining with Council Legislative Item for Downtown Parklets Develop Climate Action Plan/Greenhouse Gas Reduction Policy Consolidated with the Council Legislative Agenda item regarding Climate Action and Benchmarks Evaluate the South County Pilot Psychiatric Emergency Response Team (PERT) Consolidated with the Council Legislative Agenda Item regarding Public Safety/Mental Health Response Team Pilot Program to Activate Gourmet Alley Consolidated with the Public Works Gourmet Alley Workplan Item Development of a Downtown Parking Management Plan Combining with Council Legislative Item for the Downtown Parking Management Plan Climate Action Benchmarks Public Works item being consolidated with Community Development’s Climate Action Workplan item Development of a Permanent Parklet Policy with CDD Combining with Council Legislative Item for Downtown Parklets Removal Recommended Items Homeless Ad Hoc Committee Recommendations Combined Item being broken out to multiple items. Removing now redundant item. Develop Community Engagement Plan for PG&E Power Outages Changes made by PG&E processes and low frequency and impact levels of Public Safety Power Shutoffs make this effort of minimal benefit. Revi sed Total Number of Items 146 Completed -66 45% Consolidated -10 7% Removed -5 3% Moved to Downtown C ommi ttee -6 4% Total of Remai ni ng Items 59 40% 11.2 p. 314 of 332 Update on the Status of Council and Departmental Work Plans City of Gilroy Page 5 of 6 March 6, 2023 Item Reason Earned Media Strategy Benefits are limited compared to the staff time and resources that would be required to do this successfully, and positive results are not guaranteed. Over the Top Media Franchise Fees Similar endeavors in other communities have resulted in litigation where such efforts have resulted in defeat for those communities. Incorporate County Mobile Crisis Response Team Recommended for removal due to continued delays by SCCEMSA to implement this program, and lack of adequate local facilities to take on the patient load. Project Timing Below is a table showing the number of items that are scheduled per quarter for each calendar year from the remaining Workplan items, to show the breakdown of timeframes for items. Each item has its own timeframe included in the attached comprehensive list. Calendar Year – Quarter Number of Items 2023 – Q1 2 2023 – Q2 10 2023 – Q3 16 2023 – Q4 6 2024 – Q1 6 2024 – Q2 9 2024 – Q3 2 2024 – Q4 4 2025 – Q1 1 2025 – Q3 1 2028 – Q2 1 2030 – Q2 1 Total 59 Based on the project timing estimates, 68% of the remaining workplan items will be completed within the next twelve months. This calculation is before anything is added at the Special Meeting on March 13, 2023, which may see changes in the timeframe based on the prioritization identified by the City Council. ALTERNATIVES None - this is an informational item. 11.2 p. 315 of 332 Update on the Status of Council and Departmental Work Plans City of Gilroy Page 6 of 6 March 6, 2023 FISCAL IMPACT/FUNDING SOURCE None - this is an informational item. PUBLIC OUTREACH This item was included on the publicly posted agenda for this Council meeting. The topic was previously discussed at the January 28, 2022 Strategic Planning Workshop. NEXT STEPS None - this is an informational item. The Workplan will be updated as part of the two- year budget process that will be completed in June of 2023. This report will be the foundation to build upon at the March 13, 2023 Special Meeting for prioritizing and finalizing the Workplan. Attachments: 1. Current Workplan Update 11.2 p. 316 of 332 Workplan Items Update - Completed Item #Workplan Item Responsible Department Category Status Council Update 1 Council Legislative Agenda - Renter Protection Policies Administration Discretionary Completed The item returned to Council, where direction was given not to proceed. 2 Council Legislative Agenda - 5-Year Street Repair Public Works Core Completed Council approved a five-year plan. FY22 Paving Project in progress. FY23 Paving Project is currently in design. 3 Council Legislative Agenda - Grant Writing Administration Discretionary Completed The City has secured a grant writing firm to aid in the researching, applying, and reporting for grants. Additionally, Council has approved the creation of a Management Analyst - Grants position, where pursuing grants and outside funding is their full focus. This position recruitment is in the interview phase now. 4 Council Legislative Agenda - Unhoused Community Administration Discretionary Completed Completed and Ongoing. The Unhoused Ad Hoc Committee was formed and completed development of the recommendations adopted by the City Council. Some tasks have been completed, while some are ongoing. The City Council will receive reports and issue direction going forward to continue these ongoing efforts. The Community Development Department will be taking over the housing functions from Administration. 5 Council Legislative Agenda - Reach Codes Community Development Discretionary Completed Staff presented to City Council reach codes as part of the full Building Code adoption on 11/7/2022. Ordinance was adopted by Council on 11/21/2022. Reach codes became effective on 1/1/2023. 6 Council Legislative Agenda - RV Towing Policy Police Discretionary Completed Staff report and presentation on our local efforts was provided to the City Council on April 18, 2022. 7 Create Gourmet Alley Stakeholder Working Group Administration Core Completed the Gourmet Alley Committee converted into the ad hoc Downtown Committee. The Downtown Committee operated for a year, and developed nine recommendations that are now under the supervision of the City Council. 8 Develop Social Media Policy Administration Core Completed The Social Media Use Policy was adopted by Council on September 28, 2022. 9 Enhance the Current Social Media Strategy Administration Core Completed Presentation was provided to Council in December. 10 Hire Economic Development Manager Administration Core Completed This task was completed with the hiring of the Management Analyst for Economic Development. With the departure of the staff person, the City is currently recruiting for an Economic Development Manager. Depending upon the candidate pool, the position may be filled before the close of the fiscal year. 11 Coordinate identifying and/or applying for Grants Administration Discretionary Completed The City has secured a grant writing firm to aid in the researching, applying, and reporting for grants. Additionally, Council has approved the creation of a Management Analyst - Grants position, where pursuing grants and outside funding is their full focus. 11.2 p. 317 of 332 Workplan Items Update - Completed Item #Workplan Item Responsible Department Category Status Council Update 12 Enterprise Resource Planning Implementation - Human Capital Module Human Resources Core Completed The Human Capital Management (HCM) module went live 7/1/22. 13 C19 Response for Employees & Future Re-Opening of City Office and Return of Employees Human Resources Core Completed Covid-19 response and reopening of City offices completed. Covid-19 employee compliance is ongoing. 14 Complete Labor Contract Negotiations and Implement Approved MOU (AFSCME FY 21 & 22); Fire & GMA (FY 22 & 23) Human Resources Core Completed New labor contracts have been approved by Council for all groups noted. 15 Health Insurance Open Enrollment Human Resources Core Completed Open enrollment was successfully completed for 2023 with all updated rates, benefits, and deductions entered in to the HCM system. 16 General Liability Risk Assessment Human Resources Core Completed All required risk assessments have been completed with the Municipal Pooling Authority and Local Agency Workers Compensation Excess insurance risk pools. 17 Employee Ergonomics Human Resources Core Completed This project is complete, and ergonomics assessments are continuing on an as-needed basis 18 Orientation and Training of New Fleet Superintendent and Equipment Mechanic Fleet Core Completed Both positions have been filled, onboarding completed, job specific training is ongoing. 19 Biennial Inspection Terminal Certification for medium and heavy duty trucks Fleet Mandated Completed All required inspections have been successfully completed. 20 Adopt Objective Design Criteria (Code & Policy Updates) Community Development Core Completed Multifamily residential and mixed-use residential Objective Design Standards were adopted by Council on 10/18/2021. 21 Complete Development Fee Updates Community Development Core Completed Staff completed fee updates in June 2022 and configured new fees in permit system in summer 2022. 22 Implementation of New RHNA Cycle Community Development Core Completed Staff prepared the Housing Element to implement 2023-2031 RHNA. RHNA cycle spans from January 2023 through January 2031. The RHNA progress for the first year of the new cycle will be reported in March 2024. 23 Present CDBG & Housing Trust Fund Policy Discussion & Recommendations Community Development Discretionary Completed Housing Trust Fund policy recommendations were presented to Council on 2/28/2022. CDBG 2022-23 funding allocations were presented to Council and approved by Council on 5/16/2022. 24 Reach Codes Community Development Discretionary Completed Staff presented to City Council reach codes as part of the full Building Code adoption on 11/7/2022. Ordinance was adopted by Council on 11/21/2022. Reach codes became effective on 1/1/2023. 25 Update Historic Site Sections of Zoning Code & Historic Resource Policies Community Development Core Completed Draft changes were vetted by the former Historic Heritage Committee in January 2022. This section of the code will be updated at the same time as the entire Zoning Code. 26 Evaluate Funding Options for Pension Costs Finance Discretionary Completed City Council adopted a Pension Funding Policy and completed the legal process to position the City to refinance its pension obligations when the markets conditions become favorable. 11.2 p. 318 of 332 Workplan Items Update - Completed Item #Workplan Item Responsible Department Category Status Council Update 27 Cybersecurity Assessment, Plan & Implementation IT Mandated Completed Assessment and Plan completed. Implementation will be phased in over several years. 28 Police Records Management System Replacement IT Core Completed This system has been replaced, and the project is complete 29 Complete Council Chambers Audio/Visual Modernization Project IT Core Completed The audio and video upgrades have completed, including new projector, displays, audio equipment, among other improvements. 30 Initiate "Stop" Data Collection (Racial Identity & Profiling Act) Plan Police Mandated Completed Data collection was implemented in December 2021. Currently data is being collected via the new CAD/RMS RIMS. 31 Implement Department Legitimacy Training Program (Principled Policing, Implicit Bias, Procedural Justice) Police Mandated Completed Completed Department-wide LGBQT+, crisis intervention, and de- escalation training. Five GPD staff are Principled Policing trainers and are responsible for training the entire agency. Ongoing training is made available for newly hired personnel. 32 Increase Trust Building Efforts between Community and PD Police Core Completed The GPD has been hosting events to help increase community trust in the Department. Such events include National Night Out, Ice Cream with A Cop, Youth Academy, Community Police Academy (CPA) and other ongoing efforts. 33 Increase De-escalation Training - CIT (Crisis Intervention Training) Police Core Completed De-escalation training was incorporated into internal defensive tactics and firearms training. 34 Conduct an Internal Departmental Survey/Focus Group Led by supervisors Police Discretionary Completed The focus group was completed prior to April 2021 Leadership Team Building Workshop 35 Implement Youth Engagement/South County Youth Diversion Program Police Discretionary Completed This program was successfully implemented in December of 2021. A $1 million BSCC grant was secured to assist with future funding of the program. 36 Develop 5-Year Street Repair Program Public Works Core Completed Council approved the 5-year Pavement Plan. FY22 Paving Project is currently in progress, and the FY23 Paving Project is in design. 37 Implement CityWorks CMMS Program at Corp Yard Public Works Core Completed The City's Public Works Department has deployed a new customer service program that is currently being used to track and report customer service requests. 38 Implement Family Resource Center (FRC) at San Ysidro Cultural Center (SYCC) Recreation Core Completed A lease was awarded to Santa Clara County. The FRC was in operation from March 2022 through September 2022 (provider could no longer offer services). The County was seeking a replacement, but has decided to terminate the lease. Other social services are being provided at SYCC. 39 Publish Seasonal Recreation Activity Guide in English and Spanish Recreation Core Completed The first recreation guide published in English and Spanish was in Winter 2021. It continues to be published in English and Spanish. 40 Explore issuing RFP for Independent Pool Operator at Christopher High School (CHS) Aquatic Center Recreation Discretionary Completed The City contracted with a pool operator to manage the CHS Aquatic Center. The agreement is for two years (2022 and 2023) with an option for 2024. 11.2 p. 319 of 332 Workplan Items Update - Completed Item #Workplan Item Responsible Department Category Status Council Update 41 Expand Fee-based Recreation Programs Recreation Discretionary Completed There were several new programs and services that were offered through the Recreation Division. They include a hip hop dance class, a youth basketball league, a youth soccer league, senior day trips, senior walking group, and mariachi class for East Gilroy youth. 42 Increase Overall Recreation Program Participation Levels Recreation Discretionary Completed There was a 22% increase in overall recreation program participation from 2021 to 2022 (3,747 to 4,573). 43 Explore Needs Assessment Recommendation to Transform Senior Center into Multi-Generational Community Center Recreation Discretionary Completed The proposal to transform the Senior Center into a Multi-generational community center, which was recommended by the Parks and Recreation Commission, was not passed by Council (July 2020). 44 Unhoused Committee Recommendation - Proactively Support Affordable Housing Community Development Core Completed Staff continues to support ongoing affordable housing efforts in housing production through projects, preserving existing units, and protecting residents from displacement. Staff partners with community-based organizations to provide assistance to residents to prevent homelessness. Staff is expanding community outreach to connect residents with housing resources and unhoused residents with service providers. 45 Unhoused Committee Recommendation - Purchase Garbage Truck (Converted to Dump Truck) Administration Discretionary Completed Staff secured a truck with a custom made dump bed to be used to help remove garbage. The truck has been in use now for over one year. 46 Unhoused Committee Recommendation - Ensure All Property Owners are Accountable for Maintaining Properties Clean Community Development Core Completed Code Enforcement continues to enforce property standards enforceable within the City Code. The City continues working with public agencies when their properties require clearing and maintenance. 47 Unhoused Committee Recommendation - Partner with Morgan Hill Community Development Discretionary Completed The City has partnered with Morgan Hill on several issues, and will continue to do so on an ongoing basis. 48 Unhoused Committee Recommendation - Continue Supporting Unhoused Service Providers Through CDBG Grant Funding Community Development Discretionary Completed The City is supporting unhoused service providers through Permanent Local Housing Allocation funding and allocating funding to community- based organizations to help unhoused residents meet their basic needs and to connect them with services providers that can help them attain housing. 49 Unhoused Committee Recommendation - Coordinate Monthly Check-in Meetings with Lead Unhoused Providers to Address Local Unhoused Issues Community Development Discretionary Completed Community Development Department now leads the Unhoused Service Providers Network in monthly meetings, and will continue on an ongoing basis. 50 Unhoused Committee Recommendation - Endorse Community Plan to End Homelessness Administration Discretionary Completed The City Council officially endorsed this plan in 2021. 51 Unhoused Committee Recommendation - Hire Quality of Life Officer(s) Police Core Completed The Police Department completed the selection process to fulfill this function and report back to the City Council on progress. 11.2 p. 320 of 332 Workplan Items Update - Completed Item #Workplan Item Responsible Department Category Status Council Update 52 Unhoused Committee Recommendation - Explore Differences Between a Police Officer and Community Services Officer Police Discretionary Completed The differences were presented to the committee and the Quality of Life Team was determined to be filled with Police Officers 53 Unhoused Committee Recommendation - Partner with County Office of Supportive Housing to Access Their Programs and Services Administration/ Community Development Discretionary Completed The City has partnered with the Office of Supportive Housing (OSH) on several programs and participates in joint meetings with OSH and local agencies. The PLHA funding and program are attributable to the City's partnership with OSH. This item has transitioned from Administration to Community Development Department. Staff is partnering with OSH on the affordable housing development at 8th and Alexander Street and will continue to increase collaboration with OSH on affordable housing programs and services. 54 Enterprise Resource Planning Implementation (ERP)Finance Core Completed The ERP implementation was performed in 3 phases - (Ph. 1) financials, (Ph. 2) human capital management, and (Ph. 3) utility billing. All three phases are complete and systems are "Live". As the new systems are utilized to perform data processing, staff expects additional modifications and adjustments to the configuration will be warranted but the scope of this ongoing nature of this work will be minimal. 55 Enterprise, Resource, Planning Implementation - Tyler Munis Information Technology Core Completed The ERP implementation was performed in 3 phases - (Ph. 1) financials, (Ph. 2) human capital management, and (Ph. 3) utility billing. All three phases are complete and systems are "Live". IT's role will transition from an implementation support to an ongoing system administration role to include activities such as coordination of system updates with the software vendor, and providing user(s) security/access controls as needed. 56 Multifunction Printer Replacement (citywide)Information Technology Core Completed The new fleet of multifunction printers has been installed across all city facilities. 57 Type I Fire Engine Build and Deployment (Rosenbauer)Fire Core Completed The Fire Department took delivery of the two Rosenbauer Type I Engines in January 2023. 58 Develop Specifications and Purchase 2nd Type I Engine and Type III Engine Fire Core Completed The Apparatus Committee developed the Type I & Type III engine specifications. The new specifications will apply to future Type I and Type III apparatus purchases. 59 Develop and Implement Fleet Maintenance/Repairs Alternative Solutions Fire Core Completed Fire and fleet department staff developed and implemented a plan for the repair and maintenance of the fire departments apparatus and response vehicles. 11.2 p. 321 of 332 Workplan Items Update - Completed Item #Workplan Item Responsible Department Category Status Council Update 60 Customer Service Training for Employees Human Resources Core Completed Some customer service training has been provided within departments. Additionally, customer service training is covered during employee onboarding. The goal is to develop a more formal customer service training program for all new hires and a refresher course for all city staff. This will be an ongoing effort. The planning for the training has been completed, and is being implemented on an on- going basis 61 Pursue Opportunities for City-Owned 536 Acres at Hecker Pass Administration Discretionary Completed The City completed the Surplus Land Act (SLA) on the majority of the hillside property adjacent to the Gilroy Gardens Family Theme Park for entering into discussion with recreation-based businesses interested in this property. The remaining portion is currently undergoing the SLA process. Negotiations will commence with any interested parties and offers that come in under the SLA process. If nothing comes in, or no deal is reached in negotiations, the City will then determine which opportunities to continue with. 62 Pursue Opportunities for Sports Park Administration Discretionary Completed The Surplus Lands Act was completed on a portion of the Sports Park for the Ice Center, and now staff is continuing the negotiation with the Sharks. The pursuit of opportunities has been completed. 63 Pursue Grant Opportunities (SB2, REAP, ABAG, etc.)Community Development Discretionary Completed City was awarded LEAP and REAP grants and utilized them for the Housing Element. Staff continues to seek grant funding. This item is now an ongoing practice, and is consolidated with the grant writing item that is also completed. 64 Downtown Committee Recommendation - Implement a Façade/Painting Improvements or Plywood/Blight Removal Program Administration Discretionary Completed This one-year program has commenced. The City Council approved this program on January 23, 2023 for a one-year period. There will be continued advertisement of the program throughout this calendar year about the program, and staff will return with a report as the program period nears its end. 65 Downtown Committee Recommendation - Create a Downtown Building/Planning Fee Reduction Program Administration Discretionary Completed This two-year program has commenced. The City Council approved this program at the end of January for a two-year period. There will be continued advertisement of the program throughout this calendar year about the program, and staff will return with a report at the mid- point, and as the program nears completion of its term. 66 Downtown Committee Recommendation - Kickoff Meeting Administration Discretionary Completed The kickoff meeting was held in October 2022 to introduce the Downtown Jumpstart Program 11.2 p. 322 of 332 Worplan Items Update - Remaining Items Item #Workplan Item Responsible Department Category Status Anticipated Completion Timeframe (Calendar Year - Quarter) Council Update 1 Council Legislative Agenda - In-Lieu Fees vs. Allocations Community Development Core Pending 2024 - Q2 The policy is noted in the draft Housing Element. In preparation for Housing Element adoption and funding identification for policy development, staff intends to create an RFP for affordable housing policy(ies) development and in-lieu fee study in spring 2023. Staff anticipates bringing a proposed policy to Council in 2024. 2 Council Legislative Agenda - Downtown/Rule 20 Undergrounding Public Works Core Pending 2025- Q3 The PG&E Rule 20 program schedules currently have a typical two- year time frame. These dates are estimates and often are deferred to longer timelines dependent on the availability of PG&E staff and resource availability. 3 Council Legislative Agenda - Downtown Specific Plan Community Development Core Pending 2024 - Q3 Staff continues to seek grant funding. Staff is meeting with the High Speed Rail Authority and VTA to stay informed of their plans for the transit station. Staff will coordinate efforts with the HSR Station Area Plan and the Downtown Parking Management Plan. 4 Council Legislative Agenda and Downtown Committee Recommendation - Parking Management Public Works Core In Progress 2024 - Q1 Public outreach meetings are underway. Staff and our consultant are compiling input from downtown property owners, surrounding areas and the Gilroy pubic at large to provide feedback for the overall parking analysis. 5 Council Legislative Agenda - Downtown Parklets Community Development/ Public Works Discretionary Pending 2024 - Q2 Pending the results from the Downtown Parking Management Plan/Study, staff will resume effort on these policies. Temporary policies are in place while we await feedback from the Downtown Parking Management Plan for additional input on impacts. The work is pending the completion of the Downtown Parking Management Plan. 6 Council Legislative Agenda - Climate Action Benchmarks Community Development Mandated Pending 2024 - Q4 Staff is seeking grant funding to develop a plan, including establishing benchmarks. A consultant will be needed. Staff submitted an initial grant concept for Caltrans review in February, and will be submitting a formal grant application to fund both the Climate Action Plan and the VMT/TDM policy work. 7 Council Legislative Agenda - Economic Incentives/Job Protection Administration Core In Progress 2025 - Q1 The City Council has adopted the incentives program from the Downtown Committee, and has approved two incentives programs as a result. These programs commenced in February and will continue for a year, with the permit fee reimbursement program lasting two years. Staff will now be returning to Council in April to determine what job protections policies that the Council is interested in potentially pursuing. 11.2 p. 323 of 332 Worplan Items Update - Remaining Items Item #Workplan Item Responsible Department Category Status Anticipated Completion Timeframe (Calendar Year - Quarter) Council Update 8 Council Legislative Agenda - Public Safety/Mental Health Response Team Police Core Pending 2024 - Q1 When available designated staff from Mobile Crisis will respond to calls for service involving mental health crisis. The department hopes to explore a more permanent option in South County such as with PERT (Psychiatric Emergency Response Team). PD continues to search for grant opportunities to implement this program. 9 Council Legislative Agenda - Access to Technology Administration Discretionary In Progress 2023 - Q3 This item will now be coming to Council in April. This item is discretionary, and has been delayed due to demands on other projects and initiatives. Staff will be coming before Council to determine the policy intent of Council with addressing issues surrounding access to technology. 10 Council Legislative Agenda and Unhoused Ad Hoc Committee Recommendation - Safe Parking Policy Administration Discretionary In Progress 2024 - Q2 The Safe Parking program was presented to the City Council, and an RFP was issued. The only proposal was rejected. No safe parking program has yet been able to be implemented. These efforts have been transferred to the Community Development Department. Future programming relating to a Safe Parking program will be evaluated in FY24. 11 Implementation of Homeless Ad Hoc Committee Recommendations Administration Core Removed N/A - Removed Staff is removing this broad item, as each of the individual, specific recommendations now have their own work plan items for better tracking and reporting purposes. The items are listed with the title beginning "Unhoused Committee Recommendation - " and then the specific recommendation title. All 14 items are included, both on this sheet as well as the completed items listing. 12 Develop City Logo Policy Administration Core Pending 2024 - Q2 This task has been pending the implementation of the Social Media Policy and its language protecting the use of the City Logo in those media channels . Staff will be initiating the work on this policy, and is anticipated to be completed within a year. 13 Complete EOC Operations Plan Administration Core In Progress 2023 - Q3 The Draft Emergency Operations Center (EOC) Operations Plan is currently in production. Staff will be presenting the draft plan to the City Council by the end of fiscal year 2023. The EOC Operations Plan will then be finalized after Council's review. 14 Develop Community Engagement Plan for PG&E Power Outages Administration Discretionary Removed N/A - Removed Staff is removing this workplan item. PG&E has made many changes over the past two years to lessen the number and frequency of shutoffs, as well as notifications, inspections, and faster reactivation of power lines. Staff attends meetings every quarter with PG&E regarding their outreach and grid improvements to lessen this need. In reviewing the past few years' worth of data, the number of public safety power shutoffs has been minimal. 11.2 p. 324 of 332 Worplan Items Update - Remaining Items Item #Workplan Item Responsible Department Category Status Anticipated Completion Timeframe (Calendar Year - Quarter) Council Update 15 Develop Process for Film Permits Administration Discretionary In Progress 2023 - Q3 Draft application forms and procedures have been created and internally reviewed among the City's departments. Staff is transitioning to developing fillable formats and to develop appropriate fees. Once the fee proposal is ready, staff will return with a user fee for consideration of Council to adopt. Once the fee is established, the project will complete and the process will be updated on an as-needed basis. This item should be returning to Council by this fall for fee adoption, if not before. 16 Earned Media Strategy (Media Outreach) Administration Discretionary Removed N/A - Removed Staff is removing this item. An earned media strategy typically is a way to induce articles in media to get more exposure without paying for it. At this time, such a strategy has not been developed yet, and is not something that is perceived to add much value for the cost of staff time to try to attract such media exposure. 17 Downtown Façade Program Administration Discretionary Consolidated N/A - Consolidated This workplan item is now consolidated with the program under the Downtown Committee Recommendation. The project is complete, as the program is in place and available to downtown businesses and property owners. 18 Update Human Resources Rules and Regulations Human Resources Core Pending 2024 - Q2 This update project was put on hold due to other work priorities, staffing, and Covid. However, the project is still needed. Therefore, the goal is to start the project in the third quarter of 2023 and complete it by the second quarter of 2024. 19 Update to Performance Management System - Coaching Model Human Resources Core Pending 2023 - Q4 This project was put on hold due to other work priorities, staffing and Covid. However, a revised version of the project is needed. Staff plans to work on updated performance management forms to simplify the evaluation process by the fourth quarter of 2023. 20 Initiate Lease Purchase for Two Front Line Type I Fire Engine and One Type III Fire Engine Fleet Core In Progress 2023 - Q2 Two Type I fire engines were identified and purchased using the Lease-to-Own model. The two Type I fire engines were constructed and have been received by the City. Staff is currently evaluating options for purchasing a Type III engine and any recommendations will be brought to Council for approval by the end of the second quarter of 2023. 21 Remove Dilapidated Arbor at Wheeler Facilities Mandated In Progress 2023 - Q1 Removal of the arbor is in process and will be completed in the first quarter of 2023. 11.2 p. 325 of 332 Worplan Items Update - Remaining Items Item #Workplan Item Responsible Department Category Status Anticipated Completion Timeframe (Calendar Year - Quarter) Council Update 22 Replace HVAC System at City Hall (if funded) Facilities Discretionary Pending 2023 - Q3 Engineering plans completed, however, bid was $3.8M over the $3M budgeted (total cost $6.8M) so project has been put on hold. The next step is to validate bid in the open market. Staff has not started this bid process yet due to other workload demands so this part of the project is noted as pending. Staff is projecting to complete this step by the third or fourth quarter of 2023. 23 Phase I Assessment of Environmental Remediation Work at Police Shooting Range Facilities Mandated In Progress 2023 - Q2 The selection of contractor has been initiated and the selection process will be completed by April 2023. The work is to be completed by the end of June 2023. 24 Oversee Solar Power Project Installation on City Facilities Facilities Core In Progress 2023 - Q4 The project was approved by the City Council. Staff expects the work to begin in the second quarter of 2023, and ending in the fourth quarter. 25 Upgrade Safety Labeling for Electrical Panels Facilities Mandated In Progress 2023 - Q1 Quotes for the work are being acquired, and the work is anticipated to be completed by the end of the first quarter of 2023. 26 Update General Plan Housing Element Community Development Mandated In Progress 2023 - Q2 On 10/31/2022, staff submitted the draft Housing Element to demonstrate how it will accommodate the 2023 – 2031 RHNA to the California Department of Housing and Community Development (HCD) for review. On 1/27/2023, HCD provided comments on the draft. Staff has been revising the draft based on HCD comments and will bring it back to the City Council for review prior to sending a revised draft to HCD for additional review and certification. 27 Publish Annual General Plan & Housing Element Report Community Development Mandated In Progress 2023 - Q2 Staff has been collecting and organizing data and will bring the annual report to City Council on 3/20/2023. 28 Implement EnerGov Land Management System (LMS) Community Development Core In Progress 2023 - Q3 Configuration was completed in fall 2022 in coordination with the consultant. Staff has been conducting user acceptance testing and will finalize system setup with the consultant. Training is anticipated to take place in mid-2023, followed by go-live preparation. 29 Update Zoning Code & Zoning Map (Consistent with adopted General Plan) Community Development Core In Progress 2023 - Q3 Staff has been reviewing, editing, and refining the consultant's draft, along with the City Attorney. Edits and comments will be sent to the consultant, followed by consultant revisions and staff further review. Staff will present final version at public hearings with Planning Commission and City Council. 30 Develop Inclusionary Housing/Affordable Housing Incentive (in-lieu fee) Policy Community Development Core Consolidated N/A - Consolidated This item is duplicative with the inclusionary housing/in-lieu fee item in the Council Legislative Agenda. This item will be consolidated into the Council item moving forward. 11.2 p. 326 of 332 Worplan Items Update - Remaining Items Item #Workplan Item Responsible Department Category Status Anticipated Completion Timeframe (Calendar Year - Quarter) Council Update 31 Integrate GIS with LMS and Increase GIS-based services Community Development Core In Progress 2023 - Q3 Staff has been coordinating with the GIS consultant and the LMS consultant. The GIS Analyst is expected to start in March 2023 and will help facilitate integration with LMS and increase GIS-based services. 32 Begin Downtown Specific Plan (Grant Dependent) Community Development Core Consolidated N/A - Consolidated Consolidated with the Downtown Specific Plan item in the Council Legislative Agenda. 33 Develop Traffic Level of Service (LOS) to Vehicle Miles Traveled (VMT) Policy (Grant Dependent) Community Development Core In Progress 2024 - Q2 Staff is seeking grant funding, exploring options, and collaborating with Public Works to develop a draft policy for Council consideration. An application proposal has been sent to Caltrans for a grant opportunity. A formal application for funding for this task, as well as the Climate Action Plan, will be submitted to fund this project. 34 Develop Traffic Demand Management (TDM) Policy (Grant Dependent) Community Development Core In Progress 2024 - Q2 Staff is seeking grant funding, exploring options, and collaborating with Public Works to develop a draft policy for Council consideration. This TDM policy is also to be included in the same grant application as the VMT policy discussed above. 35 Implement Customer Bill of Rights/Customer Service Initiatives Community Development Discretionary Pending 2024 - Q1 This initiative was a discretionary item. Applicants, customers, and mandated items had to be prioritized first due to resource constraints. Staff anticipates resuming the effort in the fall of 2023. 36 Revise Ag Mitigation Policy Community Development Discretionary In Progress 2023 - Q4 Staff is working with the City Attorney on potential changes that can provide flexibility. 37 Revise Mobile Vending Permit Ordinance (16A.13) Community Development Discretionary In Progress 2023 - Q2 Staff is conducting research and anticipates seeking Council direction in spring 2023 for a draft mobile vending policy/ordinance. 38 Develop/Revise Permanent Parklet & Outdoor Dining Policies Community Development Discretionary Consolidated N/A - Consolidated Consolidated with the Council Legislative Agenda Item for parklets. 39 Develop Climate Action Plan/Greenhouse Gas Reduction Policy (Grant Dependent) Community Development Core Consolidated N/A - Consolidated Consolidated with the Council Legislative Item regarding Climate Action and Benchmarks. 40 Develop and Implement Permit Streamlining Initiatives (non-LMS) Community Development Discretionary In Progress 2023 - Q3 Staff has been taking a proactive approach to streamlining permit processes in the draft Zoning Code. This will be coming before Council in the third quarter of 2023. 41 Resume File Digitization & Management Community Development Discretionary Not Started 2024 - Q4 This initiative was a discretionary item and was not started due to resource constraints. Staff hopes to start the effort in late 2024. 42 Pilot Program to Activate Gourmet Alley Community Development Discretionary Consolidated N/A - Consolidated Consolidated with the Public Works Gourmet Alley Workplan item. 11.2 p. 327 of 332 Worplan Items Update - Remaining Items Item #Workplan Item Responsible Department Category Status Anticipated Completion Timeframe (Calendar Year - Quarter) Council Update 43 Update Fees and Charges Finance Core In Progress 2023 - Q3 The Citywide User Fees schedule update is complete and implemented as of July 2022. Moving forward, the user fee schedule will be adjusted annually in July based on CPI. The City is also conducting a utility rate study to implement new water and wastewater rates. Introduction of study is expected in April, with new rates implementation to occur effective July 1, 2023. 44 Identify Funding Options For Unfunded Infrastructure Finance Discretionary In Progress 2023 - Q2 Staff has worked to identify funding options for projects such as the Downtown Gourmet Parking Lot, 5-Year Street Maintenance Program, and other projects such as solar installation at City facilities and financing of large fire apparatus. This workplan is ongoing in nature. The upcoming budget development will include additional funding options for infrastructure maintenance related projects. Funding for other larger projects such as the potential ice rink facility will be identified in the upcoming 5-year capital improvement program. 45 Over the Top Media Franchise Fees Finance Discretionary Removed N/A - Removed Staff is removing this workplan item. The intent for this workplan was to assess whether online video streaming/service providers are subject to City and County assessed franchise and utility fees. City of Lancaster pursued this in recent years and the Los Angeles courts ruled in favor of the streaming service providers noting that they are exempt from such fees as they do not own or operate infrastructure on public right of way that other existing cable service providers have and maintain. 46 Land Management System Implementation - Tyler EnerGov Information Technology Core In Progress 2023 - Q3 The system's configuration is complete. The departments are conducting user acceptance training currently, and staff expects the system to be "live" by Summer of 2023. IT's current role is to support the implementation by procuring and coordinating installation of any hardware and 3rd party software licenses to integrate with the Tyler EnerGov system, including GIS. 47 Citywide Desktop Replacement Information Technology Core In Progress 2023 - Q2 City received the last fleet of computers to be replaced and expects to have them deployed by April of 2023. The computers require City configurations to be installed and end-user data to be copied prior to deployment of the system. 48 Wi-Fi Replacement Information Technology Core Pending 2023 - Q4 This project is put on hold until the vacant IT Manager and Network Administrator positions are filled to conduct an assessment of the Wi-Fi network and identify the appropriate software/hardware to procure which will meet the organization's current and future needs. 11.2 p. 328 of 332 Worplan Items Update - Remaining Items Item #Workplan Item Responsible Department Category Status Anticipated Completion Timeframe (Calendar Year - Quarter) Council Update 49 Develop and Implement Santa Teresa Temporary/Permanent Fire Station Fire Core Pending 2024 - Q2 Fire staff are working with Public Works staff to identify an alternate location for the Santa Teresa Interim Fire Station with preexisting electrical and sewer connections. The current designated location on 10th Street/DeAnza Place will not be ready until at least June 2024. 50 Identify Funding for Chestnut & Las Animas Station Retrofit Plan Fire Core In Progress 2023 - Q2 Fire staff are developing a plan with the facilities and public works departments to prioritize seismic retrofit and station modifications, and then determine when partial or full funding will be available to complete this project. 51 Develop and Implement Plan for Over the Air Mapping Fire Core Pending 2024 - Q1 The Fire Department received grant funding to purchase new tablets that are compatible with the new CAD system to replace the outdated MDT's on fire apparatus. Once the tablets are placed in service, the over the air mapping feature will be implemented. 52 Improve RMS Incident Data Reporting Fire Core Pending 2024 - Q1 Staff has developed new tabs that capture additional incident data in RMS. Staff has also identified a software program that can analyze the RMS response data to provide more thorough analysis of the Department's emergency responses. The new program will be included in the upcoming FY 24 & 25 budget requests. 53 Incorporate County Mobile Crisis Response Team Fire Discretionary Removed N/A - Removed Staff is removing this workplan item due to lack of adequate county mental health facilities to accommodate excessive patient load, and the delay by SCCEMSA to fully implement a countywide behavioral health alternative destination program. City has engaged the County in providing more mental health/addiction services. 54 Implement Legislative Reforms and Mandates Police Mandated In Progress 2023 - Q3 AB481 requires annual update to Council on military equipment inventory and use. Scheduled for May 2023. Concealed Carry Weapon (CCW) ruling by Supreme Court removes 'good cause' for CCW application. A policy formalizes the process to issue CCW permits. Most California LEA are completing CCW policies. The Department will be mandated to constantly implement reforms and mandates as legislation is passed. These are two of the most current mandates the Department is required to complete. 55 Implement Employee Wellness & Resiliency Program Police Core In Progress 2023 - Q2 State of California BSCC granted all CA LEA funding to implement or expand peer support/wellness programs. GPD received $43,000 to use by December 2025. This item is scheduled for budget amendment 2/27/23. 11.2 p. 329 of 332 Worplan Items Update - Remaining Items Item #Workplan Item Responsible Department Category Status Anticipated Completion Timeframe (Calendar Year - Quarter) Council Update 56 Conduct a Community Survey Police Discretionary Not Started 2024 - Q2 The Department will explore best practices and methods available to ensure that the survey method chosen is inclusive and addresses the entire community. The Department will benchmark best practices for completing this workplan item. The Department is looking into a grassroots, listening groups and other inclusive and dynamic dialogue methods in the approach to the survey. The Department will be coordinating with SCYTF to assist. 57 Reimplement The CPA: Reimagine New Community Engagement Program Police Discretionary In Progress 2023 - Q3 The Department has completed the Spanish CPA, and anticipates hosting an English CPA this fall. Two youth academies have been held with high success rates with another scheduled for Summer 2023. 58 Establish Supervisor Mentorship Program Police Discretionary In Progress 2024 - Q1 Initial presentation provided to supervisory group. Two sergeants were identified and selected to explore and develop new program. Various programs are being analyzed and will be discussed at the Department's Team Building Workshop in May of 2023. 59 Develop the Police Department's 3 year Strategic Plan Police Discretionary In Progress 2023 - Q3 The Team Building Workshop (TBW) attended by department supervisory staff will work with a POST representative to formalize the department's strategic plan. 60 Evaluate the South County Pilot Psychiatric Emergency Response Team (PERT) Police Discretionary Consolidated N/A - Consolidated This item is a duplicate of the Council's Legislative Agenda Item Public Safety/Mental Health Response Team, and is being consolidated into that report. 61 Develop a Department Succession Plan Police Discretionary In Progress 2023 - Q3 The Department applied for and received a grant from the State for a supervisory Team Building Workshop where the succession plan will be drafted in June of 2023. A committee will be formed to formalize a succession plan and mentorship program (workplan) using law enforcement best practices. 62 Promote Neighborhood Watch Program (NWP) Police Discretionary Not Started 2024 - Q3 Department continues to recruit for vacant positions and hopes by 2024 Q3 to have designated positions available to implement a NWP. In the meantime, staff communicates with the public steps to take to enhance community safety through social media, presentations and community events. 63 Install New Back-Up Generator at City Hall (Grant Funded) Public Works Core In Progress 2023 - Q3 Redesign of the electrical connection has been underway with PG&E since Q3 of last year. Completion of the design should be done in March of 2023 allowing the construction to be completed by June of 2023. 64 Replace Steel Water Service Lines Public Works Core In Progress 2028 - Q2 At the rate of 50 replacements per year our staff has another five years to complete. This schedule has been coordinated with the State Water Authority which they have approved. 11.2 p. 330 of 332 Worplan Items Update - Remaining Items Item #Workplan Item Responsible Department Category Status Anticipated Completion Timeframe (Calendar Year - Quarter) Council Update 65 7th/Eigleberry Parking Lot Construction Public Works Discretionary In Progress 2023 - Q2 PG&E is scheduled to install the transformer for the project at the end of March 2023. Upon this final construction milestone the parking lot will be fully functional for overhead lighting, irrigation controls and the auto charging stations. 66 Upgrade Residential Fire Hydrants Public Works Core In Progress 2030 - Q2 Staff is replacing one per month equating 12 per year. This is the reason the completion date is approximately 2030. 67 Conduct Park Trees Assessment Public Works Discretionary In Progress 2024 - Q4 Our tree maintenance consultant has scheduled the completion of this assessment by end of Calendar 2024 68 Development of a Downtown Parking Management Plan Public Works Discretionary Consolidated N/A - Consolidated Consolidated with the Downtown Parking Management Plan Council Legislative Agenda item. 69 Climate Action Benchmarks Public Works Discretionary Consolidated N/A - Consolidated Consolidated with the Climate Action Plan item in the Community Development Department's workplan 70 Support Project to Activate Gourmet Alley Public Works Discretionary In Progress 2024 - Q4 Staff is reviewing 50% design plans and will be sharing progress with City Council before final approval of construction documents. Staff completed and was awarded the Clean California Grant which will help activate Gourmet Alley. Additional downtown incentives from the Jumpstart Downtown initiative will aid in activating Gourmet Alley. All Gourmet Alley Work is consolidated under this workplan item. 71 Development of a Permanent Parklet Policy with CDD Public Works Discretionary Consolidated N/A - Consolidated Consolidated with the Community Development parklet policy item. 72 Unhoused Committee Recommendation - Organize Community Cleanup Days Administration/ Community Development Discretionary In Progress 2023 - Q4 This project will commence with the start of the Gourmet Alley Cleanup days, and transition into broader community cleanup days scheduled for volunteers. This is also part of the new initiative that was announced at the February 27th regular City Council meeting. 73 Unhoused Committee Recommendation - Research Agency to Provide Drug Rehab, Job Training and Placement Administration/ Community Development Discretionary Pending 2023 - Q4 Staff applied for grant funding for a drug rehabilitation service to be held within Gilroy, but was not awarded funding. As part of that process, the City reached out to several organizations to recruit to provide this service in Gilroy. None of the organizations responded. This is dependent on an outside organization being willing to provide these services in Gilroy. 74 Unhoused Committee Recommendation - Support a Mobile Garbage Removal Program Administration/ Community Development Discretionary In Progress 2023 - Q3 Staff commenced a contract with a vendor. Due to the existing cleanups and additional work that arose, the contract was consumed in clearing existing encampments of garbage and other garbage issues. Staff announced the start of a new garbage initiative, featuring various means of removing garbage in the city. This will become an ongoing project. 11.2 p. 331 of 332 Downtown Committee Workplan Update - Remaining Items Item #Workplan Item Responsible Department Category Status Anticipated Completion Timeframe (Calendar Year - Quarter) Council Update 1 Downtown Committee Recommendation - Update the Downtown Strategic Plan Administration Discretionary Pending 2023 - Q3 Work on this item will be initiated in the first quarter of FY24. The City will be issuing an RFP to hire a consultant to update the strategic plan for the City's downtown area. 2 Downtown Committee Recommendation - Develop New Ordinances to Address Vacancies and Noise Administration Discretionary Pending 2023 - Q3 This recommendation has not started yet. We have taken initial review of an existing ordinance about vacant properties, involving a registration system, fee, and monitoring. Staff will be evaluating the program to determine if the ordinance is still line effect, due to a sunset provision. Staff will also be working on determining the legality of such ordinances regarding vacancies, and will be reviewing other downtown noise ordinances in the region to put together best practices. The timeframe for the noise ordinance to come back for direction would be in the third quarter of 2023, if not before. The timeframe for the vacancies ordinance is not currently known, due to the research and possibility of it not being legally permissible. Staff will bring an update on this item at the same time as the noise ordinance. 3 Downtown Committee Recommendation - Pursue Opportunities for an Assessment District. Administration Discretionary In Progress 2023 - Q2 The Downtown Property Business Improvement District feasibility study is underway. The consultant and City staff held a meeting with participating property owners virtually on February 13, 2023. The next stages are for property owners to petition for a ballot to place the assessment district to a vote. Until a qualifying petition is received, the process cannot move forward towards formation. City staff will remain available to assist if a steering committee is formed and continues to work on gathering any petitions. 4 Council Legislative Agenda and Downtown Committee Recommendation - Parking Management Public Works Core In Progress 2024 - Q1 Public Outreach meetings are underway. Staff and our consultant are compiling input from downtown property owners, surrounding areas and the Gilroy pubic at large to provide feedback for the overall parking analysis. 7 Downtown Committee Recommendation - Establish a Downtown Pop-Up Park Administration Discretionary In Progress 2023 - Q2 Staff is collaborating with the GDBA and will be determining what the park concept will be like. This item will return to Council in May of 2023 for confirmation of design concept, project budget determination, and timeframe. 8 Downtown Committee Recommendation - Develop Beautification and Decorative Lighting Improvements Administration Discretionary In Progress 2023 - Q2 The City Council approved $100,000 towards this recommendation for developing beautification and decorative lighting in the Gilroy Downtown. Staff has commenced work on this project, and has been working with the Gilroy Downtown Business Association. Tree trimming in the area will take place in the next few weeks, with lighting improvements being installed during the first weeks of April 2023. 11.2 p. 332 of 332