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2020-05-04 City Council Regular Meeting Agenda Packet
May 3, 2020 6:14 PM City Council Regular Meeting Agenda Page1 MAYOR Roland Velasco COUNCIL MEMBERS Marie Blankley Dion Bracco Peter Leroe-Muñoz Carol Marques Fred Tovar Cat Tucker CITY COUNCIL AGENDA CITY OF GILROY CITY COUNCIL CHAMBERS, CITY HALL 7351 ROSANNA STREET GILROY, CA 95020 REGULAR MEETING 6:00 P.M. MONDAY, MAY 4, 2020 CITY COUNCIL MEETING MATERIAL IS AVAILABLE ON THE CITY WEBSITE www.cityofgilroy.org VIEW THE MEETING LIVE ON THE CITY WEBSITE www.cityofgilroy.org. PUBLIC PARTICIPATION IN THIS MEETING WILL BE LIMITED. MEMBERS OF THE PUBLIC ARE ENCOURAGED TO PARTICIPATE BY EMAILING ALL PUBLIC COMMENTS TO THE CITY CLERK shawna.freels@cityofgilroy.org OR BY LEAVING A VOICE MESSAGE COMMENT BY CALLING (408) 846-0204, PRIOR TO 5:00 P.M. MAY 4, 2020. THE MAY 4, 2020 MEETING WILL BE CONDUCTED PURSUANT TO THE PROVISIONS OF THE GOVERNOR’S EXECUTIVE ORDER N-29-20 In order to minimize the spread of the COVID 19 virus, the City will be offering telephone and email options for public comments at this meeting. The public is encouraged to participate in this meeting by telephone or email as follows: You are strongly encouraged to watch the City Council meeting live on the City of Gilroy’s website at www.cityofgilroy.org or on Cable Channel 17. To view from the website, select the Council Agendas and Videos button from the home page. PUBLIC COMMENTS WILL BE TAKEN ON AGENDA ITEMS BEFORE ACTION IS TAKEN BY THE CITY COUNCIL.COMMENTS MAY BE EMAILED TO THE CITY CLERK PRIOR TO OR DURING THE MEETING AT shawna.freels@cityofgilroy.org AND MUST BE RECEIVED BEFORE THE MAYOR OPENS PUBLIC COMMENT FOR THE ITEM. ADDITIONALLY, COMMENTS MAY BE MADE BY LEAVING A VOICE MESSAGE AT (408) 846-0204, PRIOR TO 5:00 P.M. MAY 4, 2020. IMPORTANT: identify the Agenda Item Number or PUBLIC COMMENT in the subject line of your email. The City Clerk will read the first three minutes of each email into the public record. In compliance with the Americans with Disabilities Act, and Governors Order N-29-20, the City will make reasonable arrangements to ensure accessibility to this meeting. If you nee d special assistance to participate in this meeting, please contac t the City Clerk a minimum of 2 hours prior to the meeting at (408) 846-0204. City Council Regular Meeting Agenda 05/4/2020 Page2 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 thi s agenda submitted to the City Council after distribution of the agenda packet are available with the agenda packet on the City website at www.cityofgilroy.org subject to Staff’s ability to post the documents before the meeting. The City Council meets regularly on the first and third Monday of each month, at 6:00 p.m. If a holiday, the meeting will be rescheduled to the following Monday, with the exception of the single meeting in July which lands on the first day of the month not a holiday, Friday, Saturday or Sunday. 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 or shawna.freels@cityofgilroy.org I. OPENING A. Call to Order 1. Pledge of Allegiance 2. Invocation 3. City Clerk's Report on Posting the Agenda 4. Roll Call B. Orders of the Day Item 8A - CARES Act Funding Public Hearing and Item 10A - Economic Climate and Revenue Projections will be moved up the agenda to be heard following Future Council Initiated Agenda Items C. Employee Introductions II. CEREMONIAL ITEMS City Council Regular Meeting Agenda 05/4/2020 Page3 A. Proclamations, Awards, and Presentations 1. Proclamation Naming May 3 Through May 9, 2020 Professional Municipal Clerk Week III. PRESENTATIONS TO THE COUNCIL PUBLIC COMMENT BY MEMBERS OF THE PUBLIC ON ITEMS NOT ON THE AGENDA BUT WITHIN THE SUBJECT MATTER JURISDICTION OF THE CITY COUNCIL PUBLIC COMMENTS MAY BE SUBMITTED BY EMAIL TO: shawna.freels@cityofgilroy.org, (This portion of the meeting is reserved for persons desiring to address the Council on matters not on this 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 material provided by public members for Council agenda item “public comment by Members of the Public on items not on the agenda” will be limited to 10 pages in hard copy. An unlimited amount of material may be provided electronically.) City Council Regular Meeting Agenda 05/4/2020 Page4 IV. REPORTS OF COUNCIL MEMBERS Council Member Bracco – Gilroy Downtown Business Association Board (alternate), Gilroy Sister Cities Association (alternate), Santa Clara Co. Library JPA, SCVWD Joint Council-SCRWA-Board Water Resources Committee, South County Joint Planning Advisory Committee (alternate), South County Regional Wastewater Authority Board, South County Youth Task Force Policy Team (alternate), Street Naming Committee Council Member Tucker –CalTrain Policy Group, Cities Association of Santa Clara Co. Board of Directors, General Plan Advisory Committee, Santa Clara Valley Habitat Agency Governing Board, Santa Clara Valley Habitat Agency Implementation Board, Street Naming Committee, Visit Gilroy Board Council Member Blankley - ABAG (alternate), Cities Association of Santa Clara Co. Board of Directors (alternate), Economic Development Corporation Board, Gilroy Sister Cities Association, Gilroy Youth Task Force (alternate), SCVWD Joint Council-SCRWA- Board Water Resources Committee, South County Regional Wastewater Authority Board, VTA Board of Directors Alternate, VTA Policy Advisory Committee, VTA South County City Group Council Member Marques - Gilroy Downtown Business Association Board, Gilroy Gardens Board of Directors, Santa Clara Valley Habitat Agency Governing Board (alternate), Santa Clara Valley Habitat Agency Implementation Board (alternate), Silicon Valley Clean Energy JPA Board (alternate), URM Task Force Sub-Committee, VTA Committee for Transit Accessibility (alternate) Council Member Tovar –Santa Clara Co. Expressway Plan 2040 Policy Advisory Board, Recycling and Waste Reduction Commission, Santa Clara Co. Library JPA (alternate), SCVWD Water Commission (alternate), Silicon Valley Clean Energy JPA Board, South County Regional Wastewater Authority Board, South County United for Health, Street Naming Committee, VTA Committee for Transit Accessibility, VTA Policy Advisory Committee (alternate) Council Member Leroe-Muñoz - ABAG, CalTrain Policy Group (alternate), Gilroy Youth Task Force, Historic Heritage Committee, SCVWD Water Commission, Silicon Valley Regional Interoperability Authority Board, South County Youth Task Force Policy Team, VTA Mobility Partnership Mayor Velasco - Economic Development Corporation Board, General Plan Advisory Committee, Historic Heritage Committee (alternate), Santa Clara Valley Habitat Agency Governing Board, Santa Clara Valley Habitat Agency Implementation Boa rd, South County Joint Planning Advisory Committee, South County Regional Wastewater Authority Board (alternate), URM Task Force Sub-Committee, VTA Mobility Partnership, VTA South County City Group (alternate) V. FUTURE COUNCIL INITIATED AGENDA ITEMS VI. CONSENT CALENDAR (ROLL CALL VOTE) All matters listed under the Consent Calendar are considered by the City Council to be routine and will be enacted by one motion. There will be no separate discussion of these items unless a request is made by a member of the City Council or a member of the public. Any person desiring to speak on any item on the consent calendar should ask to have 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. City Council Regular Meeting Agenda 05/4/2020 Page5 A. Minutes of the April 20, 2020 Regular Meeting B. Opening of a Recruitment Period for Six Seats on the Youth Commission With Terms Ending September 30, 2022 C. Approval of a Notice of Acceptance of Completion and Reduction of the Faithful Performance and Payment Security Bonds for Property Improvement Agreements No. 2017 -02 and No. 2017-03, Cambridge Place – Tract 10369 VII. BIDS AND PROPOSALS A. Approval of a Program Supplement Agreement for the Bridge Preventative Maintenance Program Project No. 18-PW-246, Amendment to the Fiscal Year 2019-2020 Budget in the Amount of $200,000, and Award of a Contract to American Civil Constructors West Coast LLC in the Amount of $180,620 with a Contingency of $18,062 for the Construction of the Bridge Preventative Maintenance Program Project No. 18-PW-246 1. Staff Report: Girum Awoke, Public Works Director 2. Public Comment 3. Possible Action: a) Adopt a resolution of the City Council of the City of Gilroy authoriz ing the Director of Public Works to execute a program supplement agreement for the bridge preventative maintenance program, project No. 18-PW -246. b) Adopt a resolution of the City Council of the City of Gilroy amending the budget in Fiscal Year 2019-2020 and appropriating $200,000 from the Transportation Grants Fund, Fund 224 to the bridge preventative maintenance program project. c) Award a contract to American Civil Constructors West Coast, LLC in the amount of $180,620 with a project contingency of $18,062 (10%) for the construction of the bridge preventative maintenance program project No. 18- PW -246, and authorize the Interim City Administrator to execute the contract and associated documents. VIII. PUBLIC HEARINGS A. Consideration of Amendments to the 2015-2020 Consolidated Plan and Fiscal Year 2019-2020 Community Development Block Grant (CDBG) Annual Action Plan to Reallocate up to $344,229 of Existing Program Funding and $275,486 of Funding Received Under the Coronavirus Aid, Relief, and Economic Security (CARES) Act Related to the COVID-19 Pandemic, and Approval of a Budget Amendment in Fiscal Year 2019 -2020 in the Amount of $619,715 City Council Regular Meeting Agenda 05/4/2020 Page6 1. Staff Report: Karen Garner, Community Development Director 2. Disclosure of Ex-Parte Communications 3. Open Public Hearing 4. Close Public Hearing 5. Possible Action: Approve an amendment to the 2015-2020 Consolidated Plan to modify the Citizen Participation Plan to accommodate a reduced public comment period and allowance for virtual meetings as allowed by the Federal government due to the COVID-19 pandemic. Approve amendment No. 2 to the Fiscal Year 2019-2020 CDBG Annual Action Plan to reallocate up to $344,229 of current program funds from projects and activities that did not expend the funds, and adding $275,486 of supplemental funding established by the CARES Act to provide rental assistance, and to provide support to small business affected by the COVID-19 pandemic. Adopt a resolution of the City Council of the City of Gilroy increasing the budget for Fiscal Year 2019-2020 by $619,715 in the Community Development Block Grant Fund. Provide direction to staff regarding a proposed local restaurant gift card purchase and distribution program to replace a previously approved General Fund funded Chamber Business Assistance Program. B. Public Hearing to Establish a List of Properties Subject to the Weed Abatement Program and Adoption of a Resolution Authorizing the Fire Chief to Abate the Nuisance Arising Out of Weeds Growing and Refuse Accumulating Upon Property in the City of Gilroy Pursuant to Section 12.51 of the Gilroy Code 1. Staff Report: Mark Bisbee, Interim Fire Chief 2. Disclosure of Ex-Parte Communications 3. Open Public Hearing 4. Close Public Hearing 5. Possible Action: Adopt a Resolution of the City Council of the City of Gilroy authorizing the Fire Chief to abate the nuisance arising out of weeds growing and refuse accumulating upon property in the City of Gilroy, pursuant to Section 12.51 of the Gilroy City Code. C. Approval of the Issuance of Multifamily Housing Revenue Bonds by the California Public Finance Authority for a Housing Project Located at 1st Street and Kern Avenue (APN 790-21-041) and Authorization to Enter into a Joint Exercise of Powers Agreement Related to the California Public Finance Authority City Council Regular Meeting Agenda 05/4/2020 Page7 1. Staff Report: Karen Garner, Community Development Director 2. Disclosure of Ex-Parte Communications 3. Open Public Hearing 4. Close Public Hearing 5. Possible Action: Adopt a Resolution of the City Council of the City of Gilroy approving the issuance by the California Public Finance Authority of multifamily housing revenue bonds in an aggregate principal amount not to exceed $40,000,000 for the purpose of financing or refinancing the acquisition and construction of 1st and Kern Apartments and certain other matters relating thereto. Adopt a Resolution of the City Counci l of the City of Gilroy approving, authorizing and directing execution of a joint exercise of powers agreement relating to the California Public Finance Authority. IX. UNFINISHED BUSINESS A. Implementation of a Small Unmanned Aerial System Program in Publi c Safety 1. Staff Report: Scot Smithee, Police Chief 2. Public Comment 3. Possible Action: Authorize staff to proceed with the implementation of a small unmanned aerial system program in public safety. X. INTRODUCTION OF NEW BUSINESS A. Current Economic Climate and Revenue Projection Updates Due to the COVID 19 Shelter-in-Place Order 1. Staff Report: Bryce Atkins, Interim Finance Director 2. Public Comment 3. Possible Action: Receive report and provide direction to staff. B. Consideration of a Third Time Extension Request for a Tentative Map and Architectural and Site Review Permit for a 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 Council Regular Meeting Agenda 05/4/2020 Page8 1. Staff Report: Karen Garner, Community Development Director 2. Public Comment 3. Possible Action: Adoption of a Resolution of the City Council of the City of Gilroy approving a third time extension for Tentative Map TM 13-11 and Architecture and Site Review AS 18-20 creating a 202-unit condominium townhouse development on a 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 Garden, LLC. C. Approval of Updated Temporary Memorandums of Agreement with AFSCME Local 101, Gilroy Management Association, and the Gilroy Police Officers Association, and Temporary Policy Memorandums with Unrepresented Employees in Response to the COVID-19 Pandemic and Shelter in Place Orders 1. Staff Report: LeeAnn McPhillips, Human Resources Director/Risk Manager 2. Public Comment 3. Possible Action: Approve, and authorize the Interim City Administrator to execute: a) An updated temporary memorandum of agreement with the American Federation of State, County, and Municipal Employees (AFSCME), Local 101 regarding wages, hours and working conditions in response to the COVID-19 pandemic and shelter in place orders. b) An updated temporary memorandum of agreement with the Gilroy Management Association regar ding wages, hours and working conditions in response to the COVID-19 pandemic and shelter in place orders.. c) An updated temporary memorandum of agreement with the Gilroy Police Officers Association regarding wages, hours and working conditions in response to the COVID-19 pandemic. d) An updated temporary policy memorandum with unrepresented employees in each of the following groups in response to the COVID-19 pandemic and shelter in place orders: 1. Full-time Unrepresented Confidential Non-Exempt & Exempt Employees 2. Full-time Unrepresented Council-Appointed Employees 3. Part-Time/Temporary/Seasonal Unrepresented Hourly & Exempt Employees XI. CITY ADMINISTRATOR'S REPORTS XII. CITY ATTORNEY'S REPORTS XIII. CLOSED SESSION City Council Regular Meeting Agenda 05/4/2020 Page9 A. CONFERENCE WITH LABOR NEGOTIATORS - COLLECTIVE BARGAINING UNITS Pursuant to GC Section 54957.6 and GCC Section 17A.11 (4); Collective Bargaining Units: Local 2805, IAFF Fire Unit Representing Gilroy Fire Fighters; AFSCME Local 101 Representing Employees Affiliated with AFSCME, Local 101; Gilroy Management Association (GMA); Gilroy Police Officers Association, Inc. Representing Gilroy Police Officers; Unrepresented Confidential Exempt Employees, Unrepresented Confidential Non - Exempt Employees, Non-Exempt Part-Time/Temporary/ Seasonal Emplo yees, Exempt Part-Time/Temporary/Seasonal Employees and Department Head Employees City Negotiators: Jimmy Forbis, Interim City Administrator, LeeAnn McPhillips, HR Director; Anticipated Issues(s) Under Negotiation: Wages, Hours, Benefits, Working Conditions; Memorandums of Understanding: City of Gilroy and Gilroy Fire Fighters Local 2805, City of Gilroy and AFSCME Local 101 Representing Employees Affiliated with AFSCME, Local 101; City of Gilroy and the Gilroy Management Association (GMA); City of Gilroy and Gilroy Police Officers Association, Inc. 1. Public Comment on Closed Session 2. Adjourn to Closed Session ADJOURN TO OPEN SESSION Report of any action taken in Closed Session and vote or abstention of each Councilmember if required by Government Code Section 54957.1 and Gilroy Code Section 17A.13 (a); Public Report of the vote to continue in closed session if required under Gilroy Code Section 17A.11 (5) ADJOURNMENT MEETING DATES MAY, 2020 4* Regular Meeting - 6:00 p.m., City Council Chambers 18* Regular Meeting - 6:00 p.m., City Council Chambers JUNE, 2020 1* Regular Meeting - 6:00 p.m., City Council Chambers 15* Regular Meeting - 6:00 p.m., City Council Chambers 29 Special Joint Meeting with Santa Clara Valley Water District - 6:00 p.m., Morgan Hill Council Chambers JULY, 2020 1* Regular Meeting - 6:00 p.m., City Council Chambers * meeting is webstreamed and televised Proclamation 51st ANNUAL PROFESSIONAL MUNICIPAL CLERKS WEEK May 3 - May 9, 2020 Whereas, The Office of the Professional Municipal Clerk, a time honored and vital part of local government exists throughout the world, and Whereas, In 1984, President Ronald Reagan signed a proclamation that officially declared Municipal Clerks Week the first full week of May., and Whereas, The Office of the Professional Municipal Clerk provides the professional link between the citizens, the local governing bodies and agencies of government at other levels and is the oldest among public servants, and Whereas, Professional Municipal Clerks have pledged to be ever mindful of their neutrality and impartiality, rendering equal service to all. Whereas, The Professional Municipal Clerk serves as the information center on functions of local government and community. Whereas, Professional Municipal Clerks continually strive to improve the administration of the affairs of the Office of the Professional Municipal Clerk through continued professional development within their international professional organizations. Whereas, It is most appropriate that we recognize the accomplishments of the Office of the Professional Municipal Clerk. Now, Therefore, I, Roland Velasco, Mayor of the City of Gilroy on behalf of the entire City Council, do hereby recognize the week of May 3 through May 9, 2020, as Professional Municipal Clerks Week, and further extend appreciation to our Professional Municipal Clerk, Shawna Freels, and Deputy Clerk Suzanne Guzzetta, and to all Professional Municipal Clerks for the vital services they perform and their exemplary dedication to the communities they represent. Dated this _________________________day of __________________________, 2020 Mayor 2.A.1 Packet Pg. 10 Communication: Proclamation Naming May 3 Through May 9, 2020 Professional Municipal Clerk Week (Proclamations, Awards, and 1 City Council Meeting Minutes 04/20/2020 City of Gilroy City Council Meeting Minutes April 20, 2020 I. OPENING A. Call to Order The meeting was called to order at 6:00 PM by Mayor Roland Velasco 1. Pledge of Allegiance Mayor Velasco led the pledge of allegiance. 2. Invocation There was none. 3. City Clerk's Report on Posting the Agenda City Clerk Shawna Freels announced that the agenda had been posted on April 15, 2020 at 4:30 p.m. B. Orders of the Day Mayor Velasco announced that the meeting was taking place virtually pursuant to the Governor's Executive Order and described the process for public participation. C. Employee Introductions There were none. Attendee Name Title Status Arrived Roland Velasco Mayor Remote 6:00 PM Marie Blankley Council Member Remote 6:00 PM Dion Bracco Council Member Remote 6:00 PM Peter Leroe-Muñoz Council Member Remote 6:00 PM Carol Marques Council Member Remote 6:00 PM Fred Tovar Council Member Remote 6:00 PM Cat Tucker Council Member Remote 6:00 PM INTERVIEWS Interviews for One Open Seat on the Planning Commission with a Term Expiring December 31, 2022 The Council interviewed candidates for the Planning Commission. II. CEREMONIAL ITEMS A. Proclamations, Awards, and Presentations There were none. III. PRESENTATIONS TO THE COUNCIL 6.A Packet Pg. 11 Communication: Minutes of the April 20, 2020 Regular Meeting (CONSENT CALENDAR (ROLL CALL VOTE)) 2 City Council Meeting Minutes 04/20/2020 Terri Lindseth submitted a comment suggesting that City leaders be more vocal on social media regarding COVID 19 testing. Zachary Hilton sent in a comment detailing a bicycle match program to assist people with bicycle transportation. John Perales submitted a comment requesting that the Council explore district area based Council elections in place of the current at -large approach to provide better representation of the community. Public comment was then closed. IV. REPORTS OF COUNCIL MEMBERS Council Member Tucker reported on the Visit California Gilroy meeting describing the impacts of the pandemic on tourism in the community and work to turn around tourism when the pandemic was over. Council Member Blankley spoke on the work of the Cities Association and reported on CalTrain plans for a fourth train to Gilroy in 2021. She concluded by explaining that Gilroy's request to be a testing site for the coronavirus had been declined. Council Member Marques announced the Downtown Business Association gift card program and spoke on Gilroy Garden's season pass extension to 2021. Council Member Tovar stated that other cities in Santa Clara County had not adopted local eviction moratorium ordinances and he then spoke on the Silicon Valley Clean Energy Authority discount and financial assistance program. Council Member Leroe-Muñoz spoke on the Silicon Valley Regional Interoperability Authority (SVRIA) work to provide communication network for all public safety agencies throughout the county, announcing that Gilroy's dispatch center was now connected to the regional system. Mayor Velasco thanked Council Member Leroe-Muñoz for his efforts on the SVRIA. He spoke on the coronavirus testing site in Morgan Hill and announced his upcoming meeting with Congressman Panetta. He described city services that were being provided during the Shelter in Place Order and announced an upcoming VTA Mobility Partnership meeting in May. He also announced his planned Coffee and Conversation with the Mayor event the following Saturday, at 9:30 a.m. V. FUTURE COUNCIL INITIATED AGENDA ITEMS There were none. VI. CONSENT CALENDAR (ROLL CALL VOTE) RESULT: APPROVE [UNANIMOUS] MOVER: Cat Tucker, Council Member SECONDER: Marie Blankley, Council Member AYES: Velasco, Blankley, Bracco, Leroe-Muñoz, Marques, Tovar, Tucker A. Minutes of the March 24, 2020 Special Meeting 6.A Packet Pg. 12 Communication: Minutes of the April 20, 2020 Regular Meeting (CONSENT CALENDAR (ROLL CALL VOTE)) 3 City Council Meeting Minutes 04/20/2020 B. Minutes of the April 6, 2020 Regular Meeting C. Appointment of One Member to the Building Board of Appeals With a Term Ending December 31, 2023 D. Approval of the Extension of the Exclusivity Agre ement With the Sharks Sports & Entertainment, LLC Through January 31, 2021 to Fully Assess the Potential of Having the Sharks Organization Operate a New Indoor Recreational Facility in Gilroy E. Acceptance of the City Fiscal Year 2018-19 Federal Single Audit for the Reporting Period of July 1, 2018 to June 30, 2019 VII. BIDS AND PROPOSALS A. Approval of a Purchasing Contract With Papé Machinery of Gilroy in the Amount of $122,985 for the Purchase of a John Deere 310SL Backhoe Under a Cooperative Purchasing Agreement with Sourcewell, Formerly Known as National Joint Powers Alliance (NJPA) The staff report was presented by Public Works Director Awoke. There were no public comments. Possible Action: Approve a purchase contract with Papé Machinery of Gilr oy in the amount of $122,985 for the purchase of a John Deere 310SL Backhoe, using the cooperative purchasing agreement with Sourcewell formerly known as National Joint Powers Alliance (NJPA), and authorize the Interim City Administrator to execute the con tract and related documents. RESULT: APPROVE [UNANIMOUS] MOVER: Fred Tovar, Council Member SECONDER: Carol Marques, Council Member AYES: Velasco, Blankley, Bracco, Leroe-Muñoz, Marques, Tovar, Tucker B. Approval of a Purchasing Contract With Papé Machinery of Gilroy in the Amount of $151,410 for the Purchase of a John Deere 344L Loader Through a Cooperative Purchasing Agreement with Sourcewell, Formerly Known as National Joint Powers Alliance (NJPA) The item was presented by Public Works Director Awoke. There were no public comments. 6.A Packet Pg. 13 Communication: Minutes of the April 20, 2020 Regular Meeting (CONSENT CALENDAR (ROLL CALL VOTE)) 4 City Council Meeting Minutes 04/20/2020 Possible Action: Approve a purchase contract with Papé Machinery of Gilroy in the amount of $151,410 for the purchase of a John Deere 344L loader using a cooperative purchasing agreement with Sourcewell,,, formerly known as National Joint Powers Alliance (NJPA), and authorize the Interim City Administrator to execute the contract and associated documents. RESULT: APPROVE [UNANIMOUS] MOVER: Fred Tovar, Council Member SECONDER: Dion Bracco, Council Member AYES: Velasco, Blankley, Bracco, Leroe-Muñoz, Marques, Tovar, Tucker VIII. PUBLIC HEARINGS There were none. IX. UNFINISHED BUSINESS A. Appointment to One Open Seat on the Planning Commission with a Term Ending December 31, 2022 The item was presented by City Clerk Freels. There were no public comments. Reid Lerner was selected. Possible Action: Appoint a member to the open seat on the Planning Commission with a term ending December 31, 2022. RESULT: APPROVE [5 TO 2] MOVER: Peter Leroe-Muñoz, Council Member SECONDER: Cat Tucker, Council Member AYES: Velasco, Bracco, Leroe-Muñoz, Marques, Tucker NAYS: Marie Blankley, Fred Tovar X. INTRODUCTION OF NEW BUSINESS A. Approval of a Services Agreement with the County of Santa Clara for the South County Youth Task Force and Adoption of a Resolution Approving Budget Amendments in Fiscal Years 2019-20 and 2020-21 Adding $220,000 to the Gang Prevention and Intervention Fund 227 The item was introduced by Chief Smithee and further presented by Captain Smith. There were no public comments. 6.A Packet Pg. 14 Communication: Minutes of the April 20, 2020 Regular Meeting (CONSENT CALENDAR (ROLL CALL VOTE)) 5 City Council Meeting Minutes 04/20/2020 Possible Action: a) Approve a services agreement with the County of Santa Clara for the South County Youth Task Force, and authorize the Interim City Administrator to execute the agreement and related documents. RESULT: APPROVE [UNANIMOUS] MOVER: Fred Tovar, Council Member SECONDER: Carol Marques, Council Member AYES: Velasco, Blankley, Bracco, Leroe-Muñoz, Marques, Tovar, Tucker x b) Adopt Resolution No. 2020-20 of the City Council of the City of Gilroy approving budget amendments in Fiscal Years 2019-20 and 2020-21 in the Gang Prevention and Intervention Fund 227. RESULT: APPROVE [UNANIMOUS] MOVER: Fred Tovar, Council Member SECONDER: Carol Marques, Council Member AYES: Velasco, Blankley, Bracco, Leroe-Muñoz, Marques, Tovar, Tucker B. Consideration of the Transfer of Santa Clara Valley Transportation Authority (VTA) Measure B Obligated Funds from the Buena Vista Interchange to the 10th Street/SR 152 Interchange Improvements The item was introduced by Public Works Director Awoke and further presente d by City Engineer Heap. There were no public comments. Direction was given to move forward with the request. Possible Action: Receive report and provide direction to staff. RESULT: APPROVE [UNANIMOUS] MOVER: Fred Tovar, Council Member SECONDER: Peter Leroe-Muñoz, Council Member AYES: Velasco, Blankley, Bracco, Leroe-Muñoz, Marques, Tovar, Tucker C. Consideration of Project and Program Options to Expend $275, 486 of Funding Under the Coronavirus Aid, Relief, and Economic Security (CARES) Act The item was introduced by Community Development Director Garner and further presented by Deputy Community Development Director O'Strander. Public comment was opened. Gary Walton and John Taft provided a comment suggested that the monies be put into programs for local small business and job placement instead of rental relief. 6.A Packet Pg. 15 Communication: Minutes of the April 20, 2020 Regular Meeting (CONSENT CALENDAR (ROLL CALL VOTE)) 6 City Council Meeting Minutes 04/20/2020 David Aguilar submitted a comment asking the Council to consider rent increase freeze regulations. Elidia Vasquez submitted a comment asking for rental relief. Angel Mendoza submitted comment that relief be provided to all Gilroy families regardless of legal status. Candelaria Porras detailed the need for rental relief. Miguel Garcia in a comment requesting rental assistance. Pablo Pacheco in a comment requesting rental assistance. James Morales sent in a comment requesting rental assistance. Reyna Moralesmo asked for assistance with her rent. Lizett Aramburo asked for rental assistance. Laura Maldonado sent a comment asking for financial aid for all residents regardless of legal assistance. Claudia Nunez sent a comment asking for monies for rental assistance Barbara Reyes submitted a comment requesting assistance to pay rent and inability to apply for unemployment. Griselda Garcia sent in a comment requesting help to pay her ren t. Reyna Luste commented looking for assistance with her rent. Sonia Ruano sent in a comment requesting monies for her rent. Mary Quiroz sent in a comment asking for rental assistance. Zulema Cruz sent in a comment asking for rental assistance. Sonia Ruano sent in a comment asking for rental assistance. Angel Mendoza sent in a comment asking for rental assistance. Claudia Sanchez asked for assistance with her rent. Carolos Rojas sent in a comment asking for financial assistance to pay his rent. Felipe Rodriguez submitted a request for rental assistance for his mother. Manuel Cazas sent in a comment asking if he qualified for rental assistance. 6.A Packet Pg. 16 Communication: Minutes of the April 20, 2020 Regular Meeting (CONSENT CALENDAR (ROLL CALL VOTE)) 7 City Council Meeting Minutes 04/20/2020 Guadalupe Rodriguez sent in a comment that described his job loss and need for rental assistance. James Morales submitted a comment asking for assistance with rent. Juan Cisneros sent a comment asking for low income housing assistance. Vianey Domingueaz described her loss of wages and need for assistance to pay rent. Alejarndra Partida submitted a comme nt asking for rental assistance. Mario Zamora asked for assistance with rent. Sarah Arrazola submitted a comment asking for rental assistance. Delfino Lugo submitted a comment describing his job loss and need for rental assistance. Public comment was then closed. Direction was given to further research the CARES program and return at the May 4th meeting for action, and get the Chamber's input on providing small business assistance. Possible Action: Receive report and provide direction to staff. RESULT: APPROVE [UNANIMOUS] AYES: Velasco, Blankley, Bracco, Leroe-Muñoz, Marques, Tovar, Tucker XI. CITY ADMINISTRATOR'S REPORTS Interim City Administrator Forbis announced the Executive Management Team online webinar to connect with the community and answer questions of residents. XII. CITY ATTORNEY'S REPORTS There were none. XIII. CLOSED SESSION A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to GC Section 54956.8 and GCC Section 17A.8 (a) (2) Property: 3050 Hecker Pass Highway, APN’s 783-05-011; 783-05-012; 783-05-013;810-17-014;015; 021; 024; 025; 026; 029; 810-18-002; 010; 011;801-19 -005;007; 010; 011; 014 (Gilroy Gardens Property); Negotiator: Jimmy Forbis, Interim City Administrator, LeeAnn McPhillips, HR Director; Other Party to Negotiations: Greg Edgar; Under Negotiation: Lease Price and Terms B. CONFERENCE WITH LABOR NEGOTIATORS - COLLECTIVE BARGAINING UNITS Pursuant to GC Section 54957.6 and GCC Section 17A.11 (4); Collective Bargaining Units: Local 2805, IAFF Fire Unit Representing Gilroy F ire Fighters; AFSCME Local 101 Representing Employees Affiliated with AFSCME, Local 101; 6.A Packet Pg. 17 Communication: Minutes of the April 20, 2020 Regular Meeting (CONSENT CALENDAR (ROLL CALL VOTE)) 8 City Council Meeting Minutes 04/20/2020 Gilroy Management Association (GMA); Gilroy Police Officers Association, Inc. Representing Gilroy Police Officers; Unrepresented Confidential Exempt Employees, Unrepresented Confidential Non- Exempt Employees, Non-Exempt Part-Time/Temporary/ Seasonal Employees, Exempt Part-Time/Temporary/Seasonal Employees and Department Head Employees City Negotiators: Jimmy Forbis, Interim City Administrator, LeeAnn McPhillips, HR Director; Anticipated Issues(s) Under Negotiation: Wages, Hours, Benefits, Working Conditions; Memorandums of Understanding: City of Gilroy and Gilroy Fire Fighters Local 2805, City of Gilroy and AFSCME Local 101 Representing Employees Affiliated with AFSCME, Local 101; City of Gilroy and the Gilroy Management Association (GMA); City of Gilroy and Gilroy Police Officers Association, Inc. There were no public comments. ADJOURNMENT The Council adjourned at 8:10 p.m. /s/ Shawna Freels, MMC City Clerk 6.A Packet Pg. 18 Communication: Minutes of the April 20, 2020 Regular Meeting (CONSENT CALENDAR (ROLL CALL VOTE)) City of Gilroy STAFF REPORT Agenda Item Title: Opening of a Recruitment Period for Six Seats on the Youth Commission With Terms Ending September 30, 2022 Meeting Date: May 4, 2020 From: Jimmy Forbis, Interim City Administrator Department: City Clerk Submitted By: Shawna Freels Prepared By: Suzanne Guzzetta Suzanne Guzzetta Strategic Plan Goals ☐ Fiscal Stability ☐ Downtown Revitalization ☐ Economic Development ☐ Neighborhood Services ☐ Enhanced Public Safety ☐ Workforce Stability Public Engagement RECOMMENDATION Open recruitment for six seats on the Youth Commission with terms ending September 30, 2022. BACKGROUND This September, six 2-year term seats will become vacant on the Youth Commission. Since the Commission does not meet during the summer, the City traditionally opens the recruitment period from the end of the school year until the beginning of the next school year to solicit a sufficient number of applications. Youth ages 12-18 who reside within the jurisdictional boundaries of the Gilroy Unified School District are eligible to apply. Youth Commissioners provide the City Council and City staff with input regarding local 6.B Packet Pg. 19 youth and teen issues and work with City leaders to develop policies, create events and special programs that positively influence the youth and other members of the Gilroy community. The eleven (11) member Commission regularly meets on the second Monday of each month at 6:00 p.m. Members also participate in special events and on subcommittees. CONCLUSION Staff recommends that Council authorize the opening of a recruitment period through September 8th, and interview applicants at the September 14th Council meeting to fill these pending vacancies. PUBLIC OUTREACH The included flyer will be sent to all media outlets and will be published on the City website, through social media and on cable channel 17 and through local neighborhood group outlets. The Gilroy Unified School District Public Information Office will assist in distributing the flyer to each junior high and high school throughout the District and the seated Youth Commissioners will also assist in dissemination of the recruitment flyer through their interactions with peers throughout the community. Attachments: 1. 2020 Recruitment - Youth Commission Flyer 6.B Packet Pg. 20 6 OPEN SEATS TERMS ENDING SEPTEMBER 30, 2022 Being a Gilroy Youth Commissioner Youth Commissioners have an important responsibility in providing the City Council and City Staff with insight regarding youth and teen issues. Members of the Youth Commission experience a unique oppor‐ tunity to work with city leaders to implement policies, create events and special programs that will posiƟvely influence the youth and other members of the Gilroy community. How to Apply ApplicaƟons may be completed and submiƩed online at: hƩp://www.cityofgilroy.org/ ApplicaƟons may also be submiƩed by mail to: Gilroy City Clerk’s Office, 7351 Rosanna Street, Gilroy, CA 95020 or by email to shawna.freels@cityofgilroy.org or suzanne.guzzeƩa@cityofgilroy.org. ApplicaƟons Due: Tuesday, September 8, 2020 at 5:00 pm RESPONSIBILITIES This eleven (11) member Commission meets once a month. MeeƟngs are held on the second Monday of each month at 6:00 p.m. at the Gilroy Senior Center MeeƟng Room, 7371 Hanna Street. Members also parƟcipate in special events and on subcommiƩees. CURRENT OPENINGS The City of Gilroy is seeking six (6) youth ages 12‐18 to serve two‐year terms, ending September 2022. All ap‐ plicants must reside within the jurisdic‐ Ɵonal area of the Gilroy Unified School District. The City Council will interview appli‐ cants on Monday, September 14, 2020 at 6:00 p.m. at City Hall in the City Council Chambers, 7351 Rosanna Street in Gilroy. Applicants must be present at interviews to be considered for appointment. If you have any quesƟons, please contact the City Clerk’s Office to speak with either Shawna Freels or Suzanne GuzzeƩa Gilroy City Clerk’s Office 7351 Rosanna Street Gilroy, CA 95020 (408) 846‐0204 (408) 846‐0469 6.B.a Packet Pg. 21 Attachment: 2020 Recruitment - Youth Commission Flyer (2768 : Youth Commission Recruitment) City of Gilroy STAFF REPORT Agenda Item Title: Approval of a Notice of Acceptance of Completion and Reduction of the Faithful Performance and Payment Security Bonds for Property Improvement Agreements No. 2017-02 and No. 2017-03, Cambridge Place – Tract 10369 Meeting Date: May 4, 2020 From: Jimmy Forbis, Interim City Administrator Department: Public Works Department Submitted By: Girum Awoke Prepared By: Jorge Duran Jorge Duran Strategic Plan Goals ☐ Fiscal Stability ☐ Downtown Revitalization ☐ Economic Development ☐ Neighborhood Services ☐ Enhanced Public Safety ☐ Workforce Stability ☐ Public Engagement RECOMMENDATION Approve the notice of acceptance of completion and reduction of the faithful performance and payment security bonds for property improvement agreement numbers 2017-02 and 2017-03, Cambridge Place – Tract 10369. BACKGROUND On March 2016, CalAtlantic Group, Inc. (Developer) obtained Council approval for a tentative map (TM 15-03) and Architecture & Site approval (AS 15-24) to subdivide approximately 10 acres into 70 single -family residential lots, located on the former Las Animas Elementary School site on Wren Avenue. The Final Map designates 70 single - 6.C Packet Pg. 22 family residential lots. [Reference: Resolution No. 2016 -17, TM 15-03 and Resolution No. 2016-18, AS 15-24] As a tentative map condition of approval, the project was required to improve the intersection of Wren Avenue and Welburn Avenue. In an effort to facilitate the progress of the tract improvements and addr ess the traffic signal impacts to residents, staff separated the traffic signal improvements from Property Improvement Agreement (PIA) 2017-02. Staff prepared a separate, Property Improvement Agreement 2017 -03 addressing the project’s traffic signal mitigation at the intersection of Wren and Welburn Avenue. Per Property Improvement Agreement 2017-03 (section 6, item 26.a) the project is subject to a Transportation Impact Fund (TIF) reimbursement, in the amount of $363,365, for Wren and Welburn Avenue intersection improvements and restriping. The reimbursement will be made per the City’s TIF reimbursement policy and procedures. On July 2017, CalAtlantic Group, Inc. received Council approval of Tract 10369 Final Map and the Property Improvement Agreement 2017-02 for the development of the site and related Public Improvements, and Property Improvement Agreement 2017 -03 for the Wren and Welburn Avenue Traffic Signal improvements, of Cambridge Place, tract 10369. ANALYSIS Chapter 21, Article III, Section 21.81 of the City Code allows the City Council to authorize a reduction in the payment and performance bonds that the builder provided prior to the Property Improvement Agreements being accepted by Council. The amount of the bond reduction is consistent with the amount of work completed at the time of request. A maintenance bond in the amount of 10% of the construction cost ensures that defective or damaged improvements will be corrected during the one -year maintenance warranty period. The project’s actual improvement costs have been reviewed to ensure that the Maintenance Security amount covers any anticipated issue with the installed improvements. The developer, CalAtlantic Group, Inc., a Delaware corporation, has requested a reduction of Tract 10369 (Tract) Faithful Performance and Payment Bonds to a Maintenance Bond. This Maintenance Bond is 10% of the bond’s value for the Tract improvements bond, reducing the original $3,546,280 to $354,628. The original security provided for 100% of the estimated construction cost and payment for the Tract improvements, which consist of new streets, new traffic signal, grading, curb, gutter, sidewalk, paving, utilities, landscape, and electrical lighting. Per Property Improvement Agreement 2017-03 (section 6, item 26.a) the project is subject to a reimbursement from the TIF, in the amount of $363,365, for the Wren and 6.C Packet Pg. 23 Welburn Avenue intersection improvement and restriping. The reimbursement will be made per the City’s TIF reimbursement policy and procedures. The project is fully complete and the Notice of Acceptance of Completion document is ready for acceptance and recordation with Santa Clara County. Recordation of the Notice of Acceptance of Completion shortens the deadline for a mechanics lien or stop payment notice to be served on the City to 30 days for subcontractors and 60 days for the prime contractor, rather than up to 150 days should a Notice of Completion not be recorded. Once the Notice of Acceptance of Completion has ran its course the City reduces the 100% of construction costs for payment plus 100% of construction costs for performance bond for installation of the improvements to a 10% of construction costs maintenance bond. Acceptance of the tract improvements begin the one-year warranty period. The Notice of Acceptance of Completion is attached to this staff report . ALTERNATIVES Deny the request to approve the Notice of Acceptance of Completion and reduction of the bonds. STAFF DOES NOT RECOMMEND THIS OPTION because it will cause costly and unnecessary development delays. FISCAL IMPACT Per Property Improvement Agreement 2017-03 (section 6, item 26.a) the project is subject to a TIF reimbursement, in the amount of $363,365, for the Wren and Welburn Avenue intersection improvement and restriping. The reimbursement will be made per the City’s TIF reimbursement policy and procedures. The developer has paid plan check, inspection, impact fees, and submitted bonding and insurance for the above referenced Property Improvement Agreement and Tract Map. Attachments: 1. Attachment 1 - Vicinity Map 2. Attachment 2 - PIA 2017-02 3. Attachment 3 - PIA.2017-03 4. Attachment 4 - NOC 6.C Packet Pg. 24 6.C.a Packet Pg. 25 Attachment: Attachment 1 - Vicinity Map (2703 : NOC Tract 10369 Cambridge Place) 23740944 Regina AleomendrasRECORDINGREQUESTEDBY; - - - nt- Santa Clary =Clerk - Recorder City,of Gilroy 08'/29/2017 01:37 PM P" Titles'. 1 Pages: 24 Fees. 99.00 " Taxes: 0 Total 199 00 ShawnFreels DED, MAIL TO: Shawna Freels City of Gilroy -- - 735,i Rosanna Street Gilroy; ,CA ' 95020 SPACE ABOVE THIS LINE FOR RECORDER'S USE) Property Improvement Agreement No. 2017 -02 CAMBRIDGE PLACE = Tract 10369 A_ _PN: 790-25 =03.1- CalAtlantic Group, Inc. a Delaware Corporation 4828 -0143- 8026v3 .1- 9/18/12 X04706091 - 6.C.b Packet Pg. 26 Attachment: Attachment 2 - PIA 2017-02 (2703 : NOC Tract 10369 Cambridge Place) PROPERTY IMPROVEMENT AGREEMENT RESIDENTIAL AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION SYSTEMS: IMPROVEMENT OF STREETS: INSTALLATION OF SEWERS, STORM DRAINS AND OTHER PUBLIC WORKS FACILITIES Property Improvement Agreement No. 2017 -02 This Property Improvement Agreement ( "Agreement ") is made and entered into this IOth day of July, 2017, by and between the City of Gilroy, a municipal corporation, herein called the "City," and CalAtlantic Group, Inc., a Delaware Corporation, herein called the "Developer ". WHEREAS, a final map of subdivision, record of survey or building permit (Site Clearance) application has now been submitted to the City for approval and acceptance, covering certain real estate and property improvements known as and called: Cambridge Place, APN: 790 -25 -031, a legal description of which is attached hereto and incorporated herein as Exhibit "A" (the "Property "), and as described in the project improvement plans entitled Improvement Plans for Cambridge Place Tract 10369. WHEREAS, the Developer is the fee owner of the Property and requires certain utilities and public works facilities in order to service the Property under the minimum standards established by the City and, WHEREAS, the City, by and through its City Council, has enacted certain Codes, Ordinances and Resolutions and certain Rules and Regulations have been promulgated concerning the subject matter of this Agreement and, WHEREAS, the City has certain responsibilities for maintenance and operation of such utilities and public service facilities after acceptance by City, and for providing the necessary connecting system, general plant and appurtenances, and the City is agreeing to discharge those responsibilities, provided that Developer has faithfully and fully complied with all of the terms, covenants, conditions to be performed by Developer pursuant to this Agreement. NOW THEREFORE, in consideration of the foregoing premises and in order to carry on the intent and purpose of said Codes, Ordinances, Resolutions and Regulations and established policies of the City and the laws of the State of California and the United States of America it is agreed by and between the parties as follows: SECTION I That all Codes, Ordinances, Resolutions, Rules and Regulations and established policies of the City and the laws of the State of California and the United States of America concerning the subject matter of this Agreement are hereby referred to and incorporated herein to the same effect as if they were set out at length herein. Said Codes, Ordinances. Resolutions, Rule and Regulations include, but are not limited to, the following: the Code of the City of Gilroy, the current Zoning Ordinance, and the currently adopted Uniform Building Code. 4828 -0143- 8026v3 -2- 9/18/12 JM04706091 6.C.b Packet Pg. 27 Attachment: Attachment 2 - PIA 2017-02 (2703 : NOC Tract 10369 Cambridge Place) Lgw2radrNWI&I The Developer agrees: a. To perform each and every provision required by the City to be performed by the Developer in each and every one of said Codes, Ordinances, Resolution, Rules and other Regulations and established policies of the City and the laws of the State of California and the United States of America, including without limitation, the California Labor Code and California Public Contract Code. Developer further agrees and acknowledges that it is its obligation to determine whether, and to what extent, the work performed under this Agreement is subject to any Codes, Ordinances, Resolutions, Rules and other Regulations and established policies of the City and the laws of the State of California, the United States of America, the California Labor Code and Public Contract Code relating to public contracting and prevailing wage laws. b. To grant to the City without charge, free and clear of encumbrances, any and all easements and rights of way in and to the Property necessary for the City in order that its water, electricity, and /or sewer lines in or to said Property may be extended. c. To indemnify, defend with counsel of City's choice and hold the City free and harmless from all suits, fees, claims, demands, causes of action, costs, losses, damages, liabilities and expenses including without limitation attorneys' fees) incurred by City in connection with (i) any damage done to any utility, public facility or other material or installation of the City on said Property which the Developer or any contractor or subcontractor of the Developer, or any employee of the foregoing, shall do in grading or working upon said Property; or (ii) arising or resulting directly or indirectly from any act or omission of Developer or Developer's contractors, or subcontractors, or any employee of the foregoing in connection with the work performed by them in connection with this Agreement, including without limitation all claims relating to injury or death of any person or damage to any property. d. To construct and improve all public works facilities and other improvements described in this Agreement and the improvement plans submitted to the City of Gilroy in furtherance of this Agreement on file with the City of Gilroy. All construction and improvements shall be completed in accordance with all standards established in the Codes, Ordinances, Resolutions, Rules and Regulations and established policies of the City and the laws of the State of California and the United States of America and this agreement, and in accordance with the grades, plans, and specifications approved by the City Engineer. Developer shall furnish two good and sufficient bonds, a Payment Bond on a form provided by the City and a Faithful Performance Bond, both of which shall be secured from a surety company admitted to do business in California. Each bond shall set forth a time period for performance by the contractor of its obligations and the terms and conditions on which the City may obtain the proceeds of the bond. The Faithful Performance Bond shall be in an amount not less than one hundred percent (100 %) of the total estimated amount payable for the improvements described in this Agreement, and shall secure payment to City and the Developer of any loss due to the default of the contractor or its inability or refusal to perform its contract. The performance bond shall by its terms remain in full force and effect for a period of not less than one year after completion of the improvements by Developer and acceptance of the improvements by City, to guarantee the repair and replacement of defective material and faulty workmanship. Upon completion of the improvements by Developer and acceptance of the improvements by City, Developer may substitute for the performance bond securing maintenance described above, a separate maintenance bond issued by an admitted surety in 4828 -0143- 8026v3 _3- 9/18/12 JHk04706091 6.C.b Packet Pg. 28 Attachment: Attachment 2 - PIA 2017-02 (2703 : NOC Tract 10369 Cambridge Place) the amount of ten percent (10 %) of the total contract price of the improvements (provided that the amount of said bond shall not be less than One Thousand Dollars ($1,000) to cover the one -year maintenance period. The Payment Bond shall be in an amount not less than one hundred percent (100 %) of the total estimated amount payable for the improvements described in this Agreement. The Payment Bond shall secure the payment of those persons or entities to whom the Developer may become legally indebted for labor, materials, tools, equipment or services of any kind used or employed by the contractor or subcontractor in performing the work, or taxes or amounts to be withheld thereon. The Payment Bond shall provide that the surety will pay the following amounts should the Contractor or a Subcontractor fail to pay the same, plus reasonable attorneys' fees to be fixed by the court if suit is brought upon the bond: (1) amounts due to any of the persons named in California Civil Code Section 9100; (2) amounts due under the Unemployment Insurance Code with respect to work or labor performed for the improvements described in this Agreement; and (3) any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to the work and labor. The Payment Bond shall, by its terms, inure to the benefit of any of the persons named in Civil Code Section 3181 so as to give a right of action to those persons or their assigns in any suit brought upon the bond. Simultaneously with the submission of its building permit application (Site Clearance), the Developer shall submit the following for both the surety that furnishes the Payment Bond and the surety that furnishes the Faithful Performance Bond: (1) a current printout from California Department of Insurance's website (www.insurance.ca.gov) showing that the surety is admitted to do business in the State; or (2) a certificate from the Clerk of the County of Santa Clara that the surety's certificate of authority has not been surrendered, revoked, canceled, annulled, or suspended or in the event that it has, that renewed authority has been granted. e. Except as otherwise expressly provided in this Agreement, all plan check and inspection fees which are payable by Developer pursuant to the attached comprehensive fee schedule are due and payable to the City prior to Council approval of the final map of the subdivision. Upon approval of the record of survey or the building permit covering the real estate to be improved and before any work is done therein, the Developer shall pay to the City all other sums payable by Developer pursuant to the attached comprehensive fee schedule. f. At all times during the term of this Agreement and until the improvements constructed by Developer are accepted by City, Developer shall, at no cost to City obtain and maintain (a) a policy of general liability and property damage insurance in the minimum amount of One Million Dollars 1,000,000), combined single limit for both bodily injury and property damage; (b) workers' compensation insurance as required by law; and (c) broad form "Builder's Risk" property damage insurance with limits of not less than 100% of the estimated value of the improvements to be constructed by Developer pursuant to this Agreement. All such policies shall provide that thirty (30) days written notice must be given in advance to City prior to termination, cancellation or modification. The insurance specified in (a) above shall name City as an additional insured and the insurance specified in (c) shall name City as a loss payee, and shall provide that City, although an additional insured or loss payee, may recover for any loss suffered by reason of the acts or omissions of Developer or Developer's contractors or subcontractors or their respective employees. Developer hereby waives, and Developer shall cause each of its contractors and subcontractors to waive, all rights to recover against City for any loss or 4828 -0143- 8026v3 -4- 9/18/12 JH104706091 6.C.b Packet Pg. 29 Attachment: Attachment 2 - PIA 2017-02 (2703 : NOC Tract 10369 Cambridge Place) damage arising from a cause covered by the insurance required to be carried pursuant to this Agreement or actually carried by Developer in connection with the work described in this Agreement, and will cause each insurer to waive all rights of subrogation against City in connection therewith. All policies shall be written on an occurrence basis and not on a claims made basis and shall be issued by insurance companies acceptable to City. Prior to commencing any work pursuant this Agreement, Developer shall deliver to City the insurance company's certificate evidencing the required coverage, or if required by City a copy of the policies obtained. SECTION 3 That all the provisions of this Agreement and all work to be done pursuant to the terms of this Agreement are to be completed to City's satisfaction within one year from and after the date and year of this Agreement first above written. Developer shall maintain such public works facilities and other improvements described in this Agreement at Developer's sole cost and expense at all times prior to acceptance by City in a manner which will preclude any hazard to life or health or damage to property. SECTION 4 That the faithful and prompt performance by the Developer of each and every term and condition contained herein is made an express condition precedent to the duty of the City to perform any act in connection with this transaction, and the failure, neglect or refusal of the Developer to so perform, or to pay any monies due hereunder when due shall release the City from any and all obligations hereunder and the City, at its election, may enforce the performance of any provision herein, or any right accruing to the City or may pursue any remedy whatsoever it may have under applicable laws or the Codes, Ordinances, Resolutions, Rules and Regulations of the City, in the event of any such default by Developer. SECTION 5 That this Agreement, including without limitation the general stipulations outlined in Section 6 below, is an instrument affecting the title or possession of the real property and runs with the land. Except as expressly provided in the second sentence of Item 9 of the general stipulations set forth in Section 6 below (relating to the payment of reimbursement to the original Developer named in this Agreement), all the terms, covenants and conditions herein imposed shall be binding upon and inure to the benefit of City, Developer, the successors in interest of Developer, their respective successors and permitted assigns and all subsequent fees owners of the Property. The obligations of the Developer under this Agreement shall be the joint and several obligations of each and all of the parties comprising Developer, if Developer consists of more than one individual and /or entity. Upon the sale or division of the Property, the terms of this Agreement shall apply separately to each parcel and the fee owners of each parcel shall succeed to the obligations imposed on Developer by this Agreement. SECTION 6 1. That the following general stipulations shall be completed subject to the approval of the Public Works Director /City Engineer. 2. The Project shall comply with all Tentative Map conditions and applicable mitigation measures as contained in City Council Resolution 2016 -17 and 2016 -18 (TM 15 -03 approval). 3. All work within the public right -of -way shall be subject to the approval of the City Engineer. 4828 -0143 -80260 -5- 9/18/12 JH104706091 6.C.b Packet Pg. 30 Attachment: Attachment 2 - PIA 2017-02 (2703 : NOC Tract 10369 Cambridge Place) 4.. The developer shall defend, indemnify, and hold harmless the City, its City Council, Planning Commission, agents, officers, and employees from any claim, action, or proceeding against the City or its .City Council, Planning Commission, agents, officer; and employees to attack, set, aside, void', or annul an approval of the City, City Council, Commission, or other ,board, advisory agency,'or legislative claim, action, or proceeding, against it concerning the subdivision, and will cooperate fully in the defense. This condition is imposed_ pursuant to California Government Code Section 66474.9. 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 em_ ergency telephone number list. At least one week prior to commencement of work, the developer shall post 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 maintain in_ g 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 contro'I shall be expressly identified in the notice. 7. If the developer proposes to phase construction' with building occupancy, the developer shall create, for, City -Engineer approval' prior to first occupancy, a construction staging plan that addresses the ingress; and egress location for all construction vehicles, parking and material storage area "separate from occupied residential units. 8. Locate and ,properly dispose of any wells, septic tanks and, underground fuel storage facilities. NOTE: The capping of any well will require inspection by the Santa Clara Valley Water District. 9. Schedule the construction of improvements along existing public roads so that the work affecting vehicular traffic is completed with a minimum interruption to traffic. 10. All work shall be coordinated so that the existing residents on all adjacent streets have access to their properties. 11'. Before construction utilizing combustible materials may proceed, an all- weather access must be provided to within 150 feet of the building, site; and at least one in service fire hydrant must be available within 150 feet of each portion of the site wherein this construction is to take place. Location of the fire hydrants will be determined by the Fire Chief. 12. A complete construction schedule, which shall include a detailed' phasing -plan (including traffic control -for each proposed phase), shall be submitted_ and approved by the City Engineer prior to start of construction_. Any deviation from the approved construction schedule and phasing plan shall be coordinated' with the City Engineer. Deviating_ from the approved construction schedule and phasing plan without prior coordination with the City Engineer may prolong issuance of further building permits. a) Upon request by the City Engineer, the developer. shall provide information for public outreach purposes, which may include maps and schedules for each phase of construction. 4828 -0143- 8026v3 _6- 9/18/1212 M04706091 6.C.b Packet Pg. 31 Attachment: Attachment 2 - PIA 2017-02 (2703 : NOC Tract 10369 Cambridge Place) 13. The developer shall obtain the required Habitat Conservation Plan (HCP) Permit and pay the applicable fees prior to the issuance of a grading permit or improvement plan approval. 14. One hard copy and electronic copy of the approved /stamped PG &E Joint Trench Composite Plans shall be submitted to the Engineering Division. Should there be a delay in obtaining the PG&E - approved joint trench plans, the Developer will be allowed to commence joint trench work "at- risk". The Developer assumes responsibility for any required redesign, and all costs associated with the redesign and additional city review resulting from the at -risk work completed without PG&E - approved joint trench plans. Design revisions and ultimate joint trench construction shall be completed to the satisfaction of the City Engineer. 15. Site preparation and 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 stating that all site preparation and fill construction meets the requirements of the geotechnical investigation. This shall be subject to review and approval by the Building Division. [CBC] 16. All grading operations and soil compaction activities shall be per the approved soils report and shall meet with the approval of the City Engineer. 17. New and existing utility lines, appurtenances, and associated equipment, including but not limited to electrical transmission, street lighting, and cable television shall be required to be placed underground. [Municipal Code Section 21, Article V] 18. 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. No work shall be done on Sundays and City Holidays. The City Engineer will apply additional construction period restrictions, as necessary, to accommodate standard commute traffic along arterial roadways and along school commute routes. 19. Any damage resulting from project construction operations to existing city infrastructure on or adjacent to the subject property shall be repaired to the satisfaction of the City Engineer, at the full expense of the developer /contractor. This shall include slurry seal, overlay, street reconstruction, and repair to curb, gutter and sidewalk, driveway approach if reasonably deemed warranted by the City Engineer. 20. This project is subject to post- construction stormwater quality requirements per Section 27D of the Gilroy Municipal Code. 21. Storm water BMP Operation and Maintenance Agreement a) Prior to the issuance of any building permit requiring stormwater management BMPs or as otherwise determined by the City Engineer, the owner(s) 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. b) 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. 4828 -0143- 8026v3 -7- 9/18/12 JM04706091 6.C.b Packet Pg. 32 Attachment: Attachment 2 - PIA 2017-02 (2703 : NOC Tract 10369 Cambridge Place) c) 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. d) 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. e) Any repairs or restoration /replacement and maintenance shall be in accordance with City - approved plans. f) 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. 22. Stormwater BMP Inspections will be required for this project and shall adhere to the following: a) The property owner(s) shall be responsible for having all stormwater management facilities inspected for condition and function by a knowledgeable third party. b) 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: 1. Site address; 2. Date and time of inspection; 3. Name of the person conducting the inspection; 4. List of stormwater facilities inspected; 5. Condition of each stormwater facility inspected; 6. Description of any needed maintenance or repairs; and 7. As applicable, the need for site re- inspection. c) Upon completion of each inspection, an inspection report shall be submitted to Public Works Engineering no later than October 1 st for the Fall report, and no later than March 15th of the following year for the Winter report. 23. A minimum of one exterior monument shall be set. Additional monuments can be required by the City Engineer or City Surveyor as deemed necessary. Location of monuments shall be tied out prior to work. 24. 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 4828 -0143- 8026v3 -8- 9/18/12 JH104706091 6.C.b Packet Pg. 33 Attachment: Attachment 2 - PIA 2017-02 (2703 : NOC Tract 10369 Cambridge Place) Office prior to disturbing said monuments. All disturbed or destroyed monuments shall be reset and filed in compliance with Section 8771 at the developer's sole expense. 25. If there are any reimbursements payable to the Developer, they must be specifically identified in this Agreement. Any such reimbursements shall be payable to the original Developer named in this Agreement above, and shall not inure to the benefit of any subsequent owners of all or any portion of the Property. All reimbursements payable to Developer shall be subject to the City's reimbursement policies and ordinances in effect from time to time, including without limitation any expiration dates identified in such policies and ordinances. Such reimbursement shall be solely contingent upon the availability of the City's Traffic Impact Fee Funds and in no case shall the reimbursement be paid beyond ten (10) years after the execution of the Agreement. In addition to any other conditions, requirements and limitations set forth in the City's reimbursement policies and ordinances from time to time, (i) in no event shall any reimbursements be payable to Developer if City determines in its sole and absolute discretion from time to time that there are not sufficient reserves then on hand in the specific reimbursement fund from which Developer's reimbursement is payable, over and above any amounts anticipated to be required to be expended from such reimbursement fund, which reserves, at a minimum, are equal to at least half of the remaining average yearly anticipated expenditures of such reimbursement fund as determined by City from time to time; (ii) City may, in its sole and absolute discretion, make partial reimbursement payments to Developer in yearly increments, as determined by City; and (iii) City may defer payments in any given year if projects deemed by City to be of high importance are determined by City, in its sole and absolute discretion, to be warranted or necessary, and the funds in such reimbursement fund are designated by the City for use on such projects of high importance. a. The Developer shall be reimbursed for the following traffic improvements: i. The current reimbursement amount for Wren and Welburn Avenue intersection is 363,365.00 per the current TIF budget. 26. Attention is called to Tentative Map Condition No. 55 & 56 (Resolution 2016 -17) below. i. Tentative Map Condition No. 55 As a Tentative map condition of approval No. 55, the project is required to improve the intersection of Wren Avenue and Welburn Avenue. In an effort to facilitate the progress of the tract improvements and address the traffic signal impacts to residents, staff separated this condition of the traffic signal improvements from property Improvement Agreement 2017 -02. This condition will be included in Property Improvement Agreement (2017 -03). Install a traffic signal at the Wren Avenue / Welburn Avenue intersection, as planned in the City's Traffic Circulation Master Plan (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, 190 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 improved from LOS F with all -way stop control to LOS C with signalization. These improvements (including the loss of parking) are shown in the City's TCMP, and are included in the City's Traffic Impact Fee Program. The developer would be reimbursed for the cost of the traffic signal, per the comprehensive fee schedule and the Public Works Department Reimbursement Policy. 4828 -0143- 8026v3 -9- 9/18/12 M04706091 6.C.b Packet Pg. 34 Attachment: Attachment 2 - PIA 2017-02 (2703 : NOC Tract 10369 Cambridge Place) i Tentative Map Condition _No. 56 Project developers shall design and implement the following improvements at the Wayland La__ne and Welburn Avenue intersection, to the satisfaction of the City . Engineer: a. Within the current right-of-way and without removing any parking, the work will include re- establishing the centerline stripe with a Caltrans MUTCD Detail 4 pattern; b. Provide an eastbound and westbound travel lane of no more than 12400f width using MUTCD Detail 27B white shoulder stripes on both sides of Welburn between Wren Avenue and Carmel, Streets; c. Apply "sharrow" bike route markings about 50 feet beyond each street intersection (at center of travel lane), and at no less than 150 foot spacing in each travel direction; d. Complete re- application of the "All -Way Stop" markings and' pavement legend's at the Welburn /Wayland intersection. The existing stop signs will be upsized to 36 -inch stop signs, add "4 -way stop" advisory sign below stop sign, and include red reflective pole sleeves at each approach, employing the latest Caltran_s MU_ TC_ D- listed' reflective materials; e. Re - application of the marked crosswalks at Welburn /Wayland intersection; f. Re- application of the La Alondra Way, the Doris Court, and the Carmel Street stop I)ars and legends (5 locations); and g. Thermoplastic materials will be used for relevant markings, legends, and striping. (E, MND T=2) 4828 -0143- 8026v3 _10- 9/18/12 JH104706091 6.C.b Packet Pg. 35 Attachment: Attachment 2 - PIA 2017-02 (2703 : NOC Tract 10369 Cambridge Place) SECTION 7 That the attached Development Cost Schedule enumerates all fees and their extensions. TOTAL, AMOUNT DUE CITY $ 3,231,410.00 CITY OF GILROY DEVELOPER By: Gabriel A. Gonzalez City Administrator Date:a{ll — APPROVED AS TO FORM: Andrew L. Faber, City Attorney CalAtlantic Corporation, Inc., a Delaware Corporation By: Name:l Title: Qeti2 -AP1- Cu f3 ,"— U! P Date: /(p In NOTE: If Developer is a corporation, the complete legal name and corporate seal of the corporation and the corporate titles of the persons signing for the corporation shall appear above. ATTACH EXHIBIT A — LEGAL DESCRIPTION] 4828 -0143- 8026v3 _ 11 _ 9/18/12 JM04706091 6.C.b Packet Pg. 36 Attachment: Attachment 2 - PIA 2017-02 (2703 : NOC Tract 10369 Cambridge Place) SECTION 7 That the attached Development Cost Schedule enumerates all fees and their extensions. TOTAL AMOUNT DUE CITY $ 3,231,410.00 CITY OF GILROY DEVELOPER CalAtlantic Corporation, Inc., a Delaware Corporation By: By: Gabriel A. Gonzalez City Administrator Name:' Date: Title: Date: ATTEST: Shawna Freels, City Clerk APPROVED AS TO FORM: R V Andrew L. Faber, City Attorney NOTE: If Developer is a corporation, the complete legal name and corporate seal of the corporation and the corporate titles of the persons signing for the corporation shall appear above. ATTACH EXHIBIT A — LEGAL DESCRIPTION] 4828 -0143 -80260 -11- 9/18/12 JH104706091 6.C.b Packet Pg. 37 Attachment: Attachment 2 - PIA 2017-02 (2703 : NOC Tract 10369 Cambridge Place) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Say +CA On AUauSt 9 . ZO1-7 before me, SarAra E. Na\1g . Kof-ary PVW S G , Date Here Insert Name and Title of thd Officer personally appeared C-Y Q b r i p. i A. G o r1 z ad e Z Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(e} is /ars,- subscribed to the within instrument and acknowledged to me that he /ehe /th" executed the same in his /her /thtq authorized capacity(ies), and that by his /her /their signature(e) on the instrument the person(e), or the entity upon behalf of which the person(e) acted, executed the instrument. SANDRA E. MAYA Commission #F 2088119 Z Notary Public - California Santa Clara County My Comm. Expires Nov 11 2018 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ,. I.GZ _ yt/V61 Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document pnfi N e. 2017-D2 Title or Type of Document: irepert-y lrn pro Verne n Date: -2uly 1O r - 10 13 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Corporate Officer — Title(s): Partner — Limited General Individual Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: Signer's Name: Corporate Officer — Title(s): Partner — Limited General Individual Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: 2014 National Notary Association - www.NationalNotary.org • 1- 800 -US NOTARY (1- 800 - 876 -6827) Item #5907 6.C.b Packet Pg. 38 Attachment: Attachment 2 - PIA 2017-02 (2703 : NOC Tract 10369 Cambridge Place) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF Alameda On July 27, 2017 , before me, Elizabeth Neal, Notary Public here insert name and title of the officer) personally appeared Bridgit Koller , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that lie /she / executed the same in his /her /#tei-r- authorized capacity(}es), and that by hi-s/her/ signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify .under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ELIZABETH NEAL Notary Public - a Z Alameda County > Commission # 2187347 Signature My Comm Expires Mar 20 2021 SEAL) 2294- 00169\FORM\ 1227861 1 10/29/14 6.C.b Packet Pg. 39 Attachment: Attachment 2 - PIA 2017-02 (2703 : NOC Tract 10369 Cambridge Place) EXHIBIT A LEGAL DESCRIPTION Real property in the City of Gilroy, County of Santa Clara, State of California, described as follows: PARCEL ONE: LOT NUMBER HEIGHT (8) OF HENRY MILLER'S SUBDIVISION OF LAS ANIMAS RANCH; LOT NUMBER TWENTY= THREE,(23), ACCORDING TO THAT CERTAIN MAP COMPILED BY HERMANN BROS. AND' RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SANTA CLARA COUNTY, ON THE 4TH DAY OF SEPTEMBER, 1893, IN BOOK H' OF MAPS, PAGE 5, RECORDS OF SAID COUNTY. EXCEPT THEREFROM A PORTION OF LAS_ ANIMAS RANCH LOT 23 AS SHOWN ON MAP NO. 7 ACCOMPANYING THE FINAL'REPORT OF THE REFEREES IN THE LAS ANIMAS RANCH PARTITION SUIT, ACTION INO. 5536'HAD,IN THE SUPERIOR_COURT OF THE STATE OF CALIFORNIA, IN AND FOR THE COUNTY OF SANTA,CLARA AND BEING ALSO'A'_PORTION OF LOT 8 AS SHOWN ON MAP ENTITLED, MAP.OF HENRY MILLER'S SUBDIVISION OF LAS ANIMAS RANCH LOT NO. 23 ", WHICH MAP IS RECORDED IN BOOK "H" OF MAPS ATFAGE5, RECORDS OF SANTA CLARA COUNTY, CALIFORNIA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING_ AT A CONCRETE MONUMENT SET TO, REPLACE THE ORIGINAL 4" X 4" STAKE 82M AS, SHOWN ONSAID MAP NO. 7 AT THE CORNER COMMON TO RANCH LOTS 23 AND 24 IN THE SOUTHERLY LINE OF RANCH LOT 25, AND RUNNING THENCE ALONG THE'SOUTHWESTERLY LINE OF RANCH LOT 24 S. 22 DEG..15' E. 224.42 FEET; THENCE S. 89 DEG. 10' W.'4'6-1.49 FEET -TO A POINT IN THE CENTERLINE;OF WREN AVENUE (SHOWN ON AVENUE H ON SAID HENRY MILLER' SUBDIVISION); ETTHENC&ALONG THE CENTERLINE OF WREN AVENUE Ni 0 DEG. 42" E. 209.00 FE TO AN IRON- PI_PE AT THE'INTERSECTION THEREOF WITH THE SOUTHERLY LINE OF RANCH LOT 25; THENCE ALONG THE SOUTHERLY LINE ,OF RANCH LOT 25 N. 89 DEG. 10' E. 373.35 FEET TO THE POINT OF BEGINNING. ALSO EXCEPT THAT PORTION LYING WITHIN THE FOLLOWING: A-PORTION ;OF LOTS 7 AND 8 AS SHOWN ON MAP- ENTITLED "MAP OF HENRY MIL'LER'S SUBDIVISION OF LASANIMAS RANCH, LOT 23" WHICH MAP IS RECORDED IN BOOK "H" OF MAPS,AT PAGE 5, RECORDS OF SANTA CLARA COUNTY AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIPE IN THE SOUTHWESTERLY LINE OF LAS ANIM -AS RANCH' LOT 24, DISTANT THEREON N. 22 DEG. 15'W. 16.30_ FEET FROM THE INTERSECTION THEREOF WITH THE LINE COMMON TO LOTS 6 AND 7 AS SHOWN ON SAID MAP, AND RUNNING THENCE-ALONG SAID RANCH LOT LINE N. 22 DEG. 1-5'W. 783.70 FEET TO ANDIRON PIPE; THENCE S. 13 DEG. 32'50" E. 744.50 FEET TO AN IRON 'PIPE; THENCE S. 89 DEG. 15' E. 122.38 FEET TO THE POINT OF BEGINNING. PARCEL TWO: LOT NUMBER- SEVEN (7) OF HENRY_ MILLER'S SUBDNISION OF LAS ANIMAS RANCH LOT - NUMBER TWENTY =THREE (23), ACCORDING TO THAT CERTAIN MAP RECORDED I14 THE OFFICE OF THE COUNTY RECORDER OF SANTA CLARA COUNTY ON THE 4TH OF SEPTEMBER -'1893 IN BOOK H OF MAPS, RECORDS OF SAID COUNTY. EXCEPT THAT IPORTION LYING WITHIN THE FOLLOWING: A PORTION OF LOTS 7 AND 8 AS SHOW ON MAP ENTITLED "MAP OF HENRY MILLER'S SUBDIVISION OF LAS ANIMAS RANCH LOT 23" WHICH MAP IS RECORDED IN BOOK "H "' OF MAPS AT PAGE 5, RECORDS" OF SANTA CLARA COUNTY AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: - 4828 -0143 -80260 .12_ 9/18/12 JH104706091 - 6.C.b Packet Pg. 40 Attachment: Attachment 2 - PIA 2017-02 (2703 : NOC Tract 10369 Cambridge Place) BEGINNING AT AN IRON PIPE IN THE SOUTHWESTERLY LINE OF LAS ANIMAS RANCH LOT 24, DISTANT THEREON N. 22 DEG. 15'W. 1630--FEET-FROM THE INTERSECTION THEREOF WITH THE LINE COMMON TO tors 6 AND 7 AS SHOWN ON AID AP,•AND RUNNING_ THENCE ALONG SAID RANCH LOT LINE N. 22 DEG. 15' W. 783.70 FEET TO AN.IRON PIPE;- THENCE S. 13 DEG. 32' 50" E. 744.50 FEET TO AU IRON PIPE; THENCE S. 89 DEG. 15' E. 122.38 FE_ ET TO THE POINT OF BEGINNING. APN: 790 -25 -031 (NOT YET ASSESSED) 4828 -0143- 8026v3 -43- - 9/18/12 M04706091 6.C.b Packet Pg. 41 Attachment: Attachment 2 - PIA 2017-02 (2703 : NOC Tract 10369 Cambridge Place) ENCOMPASS NO: E1 DATE: NUMBER: PROJECT LOCATION: PARCEL NUMBER: OWNER/DEVELOPER: Fee: MAILING ADDRESS: Amount Due: Account Description Paid on Invoice# TELEPHONE NO: 3,042.40 PREPARED BY: 304,187.52 Account No. Key Code 5,707.68 5,707.68 100 - 2601 - 0000 -3625 4904 100 - 2601 - 0000 -3605 4702 420 - 2600 - 0000 -3660 4501 432 - 2600 - 0000 -3660 3301 433 -2500- 0000 -3660 4905 435 - 2600 - 0000 -3660 4509 436 - 2600 - 0000 -3660 4510 440 - 2600 - 0000 -3660 4515 720 - 0433 - 0000 -3620 2202 801 - 2601 -PWDO -3899 4703 801 - 2601 -PWDO -3899 4703 Payment Bond Amount for all improvements Performance Bond Amount for all improvements 7282017 1 50 PM CITY OF GILROY PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION COST ESTIMATE EFFECTIVE 71112017 16070029 Revised: Revision Number: 28-Jul-17 Revision By: Cambridge Place TR 10369 Wren Ave. 790 -25 -031 CalAtlantic Homes 4750 Willow Rd. Ste 150 Pleasanton, CA 94588 925) 847 -8700 Cmoran- Garcia Fee: Credits: Amount Due: Account Description Paid on Invoice# 3,042.40 3,042.40 0.00 Special Public Works Sery 304,187.52 304,187.52 0.00 Eng Plan Check & Insp 5,707.68 5,707.68 0.00 Storm Development Fee 000 0.00 Str Tree Development Fee 785,680,00 785,680.00 Traffic Impact Fee 875,070.00 875,070.00 Sewer Development Fee 300,580.00 300,580.00 Water Development Fee 1,379,700.00 1,379,700.00 Public Facility Fee 0.00 0.00 Const Water Use Fee 0.00 0.00 Reimbursements 0.00 0.00 Other Reimbursements Total 3,341,030.00 3,546,280 3.546,280 G-- .\COMDEV\ENGINEERING \DEVELOPMENT PROJECTS \Tract File \Tr 10369- Cambridge Place (Wren School Sde)\Fees_lnwroes_Receipts \Template Dev Fees 7 -1 -2017 TR COST SCHEDULE Fees Last Revised January 20, 2012 1 10369_Cambridge Place 7 -28 -17 6.C.b Packet Pg. 42 Attachment: Attachment 2 - PIA 2017-02 (2703 : NOC Tract 10369 Cambridge Place) U 7/28/2017 1 56 PM G \COMDEV\ENGINEERING \DEVELOPMENT PROJECTS \Tract File \Tr 10360— Cambridge Place (Wren School Site) \Fees Invoices_Receipts \Template Dev Fees 7-1 -2017 -TR- COST SCHEDULE Fees Last Revised January 20, 2012 - - 2' - 10369- cambndg_ePlace 7 -2e -17 ENGINEERING_ PLAN CHECK & INSPECTION 100- 2601 - 0000 -3605 COST ESTIMATE • - $304.18752 ACTUAL COST OF PUBLIC IMPROVEMENTS FINAL ENGINEERING PLAN CHECK $000- At time of Improvement Plan /Final Map submittal 40% of fee is due'for Plan Check Remainder 60% due pnor to submittal of Final Map for - Council approval i CITY OF GILROY COMMUNITY DEVELOPMENT DEPARTMENT ENGINEERING DIVISION COST ESTIMATE ENCOMPASS NO Ell 16070029 DATE 28.Jul -2017 NUMBER Cambridge Place TR 10369 PROJECT LOCATION Wren Ave PARCEL NUMBER 790 -25 -031 - -- - -- — OWNER /DEVELOPER CalAtlantic Homes_' MAILING ADDRESS 4750 Wllloiv Rd Ste 150 Pleasanton -CA 94588 TELEPHONE NO 925) 847.8700 PREPARED BY Cmoran!(.arcia_ FINAL ENGINEERING COST SCHEDULE TYPE COST E_S_TIMATE_ ? Y PLAN CH_E_ C_ K? _ N _ INCENTIVE AGREEMENT ONLY? iN DEFER PUBLIC FACILITY FEE? TO PERMIT? N TO FINAL -,N- DEFER, SEWER, WATER, TRAFFIC FEES ? TO PERMIT o N TO FINAL ? JN NOTE This Preliminary Cost Schedule is an estimate and will be adjusted to the rates'In effect at the time permits are Issued Site Information Gross Acres __Lots Units Sq Ft Residential -Low? 10-120-1 82 70 Residential -High ? 0 000 0 0 commercial -Low ? 0 000 0 0 Commercial -High ? 0 000 0 0 Industnal- Genera] 0 0 000 0 0 Industnal- Warehouse ? 0 000 0 0, Assembly Hall? 0 000 0' 0 Common Area? 0000, 0 Commercial/Industrial Allocations Sewer GPO Water GPD c 0, 0 Reimbursements and credos Front Footage/Square'Footage Charges Street Tree FF Water FF Sewer FF Storm FF Co_n_st Water Acres to be Developed 00 00 00 100 0000 Pavement SF Median SF Sidewalk SF Curb /Gutter FF Construction Water FF 00 00 00 00 00 SP_ECIALPUBLIC WORKS SERVICES 100 -2601- 0000 -3625 3,04240 M_ aps Final Map $1,75500 S15 70 I lot Y 3,04240 Fee ID NO- FINALM Parcel Map $2,03500 63000 / lot N 060 Fee ID NO- PARCELM Re-asses_sment,Map (Assessmenl'Distnct'Parcels) 1.71000 630 00 / lot iN 000- Fee ID N- ASSESM Administration Fees Cost Schedules, Agreements, R/W Reviews and Other Misc Services) 0 hr Misc Services 18500 / hr Y 0 00 Fee ID N -MISC Special Staff Analysis 0 hr Special Analysis 14344 / hr N 000 G \COMDEV\ENGINEERING \DEVELOPMENT PROJECTS \Tract File \Tr 10360— Cambridge Place (Wren School Site) \Fees Invoices_Receipts \Template Dev Fees 7-1 -2017 -TR- COST SCHEDULE Fees Last Revised January 20, 2012 - - 2' - 10369- cambndg_ePlace 7 -2e -17 ENGINEERING_ PLAN CHECK & INSPECTION 100- 2601 - 0000 -3605 COST ESTIMATE • - $304.18752 ACTUAL COST OF PUBLIC IMPROVEMENTS FINAL ENGINEERING PLAN CHECK $000- At time of Improvement Plan /Final Map submittal 40% of fee is due'for Plan Check Remainder 60% due pnor to submittal of Final Map for - Council approval i 6.C.b Packet Pg. 43 Attachment: Attachment 2 - PIA 2017-02 (2703 : NOC Tract 10369 Cambridge Place) Additional Plan Review After First Three Submittals or Review of Changes, Additions or Revisions to Approved Plans 0 hr Additional Plan Review 14344 hr N 000 2 Hour Minimum) Re- Inspection Fee 0 hr Re- Inspection 12500 hr N 000 Inspections outside of normal business hours 0 hr Inspection $47500 16000 hr after 3hrs N 000 COST ACTUAL Based on total cost of improvements) ESTIMATE COST Estimated Cost of Improvements 3,546,280 0 126% $0 100,000 Y $12,60000 Y 000 105% $100,000 200,000 Y $10,50000 Y 000 84% over 200,000 Y $281,08752 Y 000 Payment Bond Amount for all improvements 3,546,280 Performance Bond Amount for all improvements 3,546,280 IMPACT FEES Storm Drain Impact Fee 420 - 2600 - 0000 -3660 a Residential -Low 56400 acre Y 5,70768 to Residential -High 88600 I acre Y 000 c Commercial 1.52800 acre Y 000 d Industrial 1,12800 acre Y 000 e Assembly Hall 56400 acre Y 000 Street Tree Fee 432 -2600- 0000 -3660 a City Planting and Replacement 306 If x N 00 000 b Inspection and Replacement 041 I If x Y 00 000 Traffic Impact Fee 433 - 2600 - 0000 -3660 a Residential -Low 11,22400 unit Y 785,68000 b Residential -High 9,09900 unit Y 000 c Commercial -Low Traffic 1. 10 75 lnps /1000 sf) 12,41900 k s f Y 000 d Commercial -High Traffic 10 75 tnps /1000 sf) 25,08700 k s f Y 000 e Industnal- General 4,921 00 k s f Y 000 f Industrial-Warehouse 3,56700 k s f Y 000 7/28/2017 1 50 PM Fee ID NO- GRADINS Fee ID NO- GRADINS Fee ID NO- GRADINS DIFFERENCE ($304,187 52) Fee ID NO- PCKINSP Fee ID NO -SD -LD Fee ID NO -SD -HD Fee ID NO -SD -C Fee ID NO -SD -1 Fee ID NO -SD -AH Fee ID NO- TREEPLT Fee ID NO- TREEINS Fee ID N1- TRAF -LD Fee ID N2- TRAF -HD Fee ID N3- TRAF -CL Fee ID N3- TRAF -CH Fee ID N4- TRAF -IG Fee ID N4- TRAF -IW 5.70768 000 785,68000 G \COMDEV\ENGINEERING \DEVELOPMENT PROJECTS \Tract File \Tr 10369- Cambndge Place (Wren School Site) \Fees_lnvoices_Receipts \Template Dev Fees 7.1 -2017 TR COST SCHEDULE Fees Last Revised January 20, 2012 3 10369_Cembndge Place 7 -28 -17 6.C.b Packet Pg. 44 Attachment: Attachment 2 - PIA 2017-02 (2703 : NOC Tract 10369 Cambridge Place) 7/28/2017 1 50 PM Sewer Impact Fee 435 - 2600 - 0000 -3660 875.07000 a Residential -Low $12,501 00 / unit Y 875,07000 Fee ID N1 -SS -LD b Residential -High $6,76400 / unit Y 000 Fee ID N2 -SS -HD c Commercial /Industnal $3,95600 / cgpd Y 000 Fee ID N5- SS -C /I Water Impact Fee 436 - 2600 -0000 -3660 300,58000 a Residential -Low $4,29400 ! unit Y 300.58000 Fee ID N1- WATR -LD b Residential -High $1.73700 1 unit Y 000 Fee ID N2- WATR -HD c Commercial /Industrial $6,731 00 / kgpd Y 000 Fee ID N5- WTR -C /I Public Facilities Impact Fee 440 - 2600 - 0000 -3660 1,379,700 00 a Residential -Low $19,71000 ! unit Y 1,379,700 00 Fee ID N1 -PF -LD b Residential -High $16,58300 / unit Y 000 Fee ID N2 -PF -HD c Commercial $2,97000 / k s f Y 000 Fee ID N3 -PF -C d Industnal $1,31500 1 k s f Y 000 Fee ID N4 -PF -I Water User Fee (Construction) 720- 0433 - 0000 -3620 Y 000 300 1 11 000 Fee ID NO- CONWTFF plus 18273 / a c 000 Fee ID NO- CONWTAC FRONT FOOT CHARGES (Used to charge and reimburse fees for existing infrastructure) The Half Pipe schedule is used to determine the front footage reimbursement to former developers for infrastructure previously installed along the front footage of the development The Full Pipe schedule is used to determine the oversizing reimbursement to the developer for installing water, sewer, and storm main extensions to sizes required by each master plan that are greater than the sizes required by the development The oversized portion is the difference between the master planned size for the main and the greater of the main size required by the development or the developers minimum responsibility for each main Water 801 -2601 -PWDO-3899 000 Water Mains - including fire hydrants, valves, valve boxes and other pertinences Developer responsibility is up to and including 12" mains Half Pipe Lineal Footage 6 inch Main $3900 I LF x N 00 = 000 Fee ID N- WR06 -1/2 8 inch Main $41 00 I LF x N 00 = 000 Fee ID N- WR08 -1/2 10 inch Main $4700 / LF x N 00 = 000 Fee ID N- WR10 -1/2 12 inch Main $5200 LF x N 00 = 000 Fee ID N- WR12 -1/2 14 inch Main $5700 / LF x N 00 = 000 Fee ID N- WR14 -1/2 16 inch Main $6200 / LF x N 00 = 000 Fee ID N- WR16 -1/2 18 inch Main $6800 LF x N 00 = 000 Fee ID N- WR18 -1/2 20 inch Main $7600 LF x N 00 = 000 Fee ID N- WR18 -1/2 24 inch Main $8200 / LF x N 00 = 000 Fee ID N- WR24 -1 /2 30 inch Main $91 00 ! LF x N 00 = 000 Fee ID N- WR30 -1/2 36 inch Main $10600 / LF x N 00 = 000 Fee ID N- WR36 -1/2 G \COMDEV\ENGINEERING \DEVELOPMENT PROJECTS \Tract File\Tr 10369- Cambridge Place (Wren School Site)1Fees_lnvoices_Receipts \Template Dev Fees 7- 1- 2017_TR COST SCHEDULE Fees Last Revised January 20, 2012 4 10369-Cambridge Place 7 -28 -17 6.C.b Packet Pg. 45 Attachment: Attachment 2 - PIA 2017-02 (2703 : NOC Tract 10369 Cambridge Place) Front Foot Charges Continued (Used to charge and reimbursefees for existing Infrastructure) Sewer 801 - 26.01 -PWD0 -3899 Sewer Mains - Including manhole and other pertinences Developer responsibility Is up to and Including 12 mains N Half Pipe 000 N 6 Inch Main 7300 LF x 8 Inch Main 7500 LF x 10 inch Main 81 00 LF x 12 Inch Main 8300 LF x 15 Inch Main 8700 LF x 18 Inch Main 9300 LF x 21 Inch Main 10206 LF x 24 inch Main 10600 LF x 27 inch Main 12200 LF x 30 Inch Main 14400 LF x 33 inch Main 15800 LF x 36 _Inch Main 17800 LF x 39 Inch Main 21200 LF x 42 Inch Main 26500 LF x Street Improvements 00 = 0 00_ N Pavement, Sidewalks & Medians 060, N 00 AC /Bike path base 2.55 SF x AC /Bike patli pvmt 250 SF x Sidewalk new 975 SF x Sidewalk replace 1325 1 SF x Resurfacing 2 55 1 SF x Landscaped Median 2035 SF x Handscaped Median 11 63 1 SF x Traffic Signais (equipment on_ N) Trafhc_Slgnal -3 leg 130,200 00. LS x Traffic SSgnal4 leg 158,50000 LS x Curti and Gutter Curb /Gutter new 2585 LF x Curb /Gutter replace 3340 LF x Curb Ramps ' 1,05763 LF x Fee ID N- SS06 -1/2 Fee ID N- SSOB -1/2 Fee ID N- SS10 -1/2 Fee ID N- SS12 -1/2 Fee ID N- SS15 -1/2 Fee ID N- SS 18 -1/2 Fee ID N- SS21 -1/2 Fee ID N- SS24' -1/2 Fee ID N- SS27 -1/2 Fee'ID N- SS30 -1/2 Fee ID N- SS33 -1/2 Fee ID N- SS36 -1/2 Fee ID N -SS39 -112 Fee ID N- SS42 -1/2 Fee ID N- STR -ACB Fee ID N- STR -ACP Fee ID N- STR -S/W Fee ID N-STR -S/WR Fee ID N- STR -RESU Fee ID N- STIR-LANM Fee1D N -STR -HARD Fee ID N- STR -TS3L Fee ID N- STR -TS4L Fee ID N- STR -C /G Fee ID N- STR -C /GR Fee ID N- STR -CR 712en017 1 S PM 0 00_ 000 G \COMDEV\ENGINEERING\DEVELOPMENT PROJECTS \Tract FIle\Tr 10369- Cambridge Place (Wren School Site) \Fees Invoices Receipts \Template Dev Fees 7 -1 -2017 TR COST SCHEDULE Fees Last Revised January 20, 2012 5 10369_Cambndge Place 7 -2 &17 - Lineal Footage N 0 0, _ 000 N t. I' - 0 0" _$000- N 00 000 N. 00' _ 000 N 00 000 N 00 = 000 N 00' _ ____$000_ N 00 = 000 N 00 _ 0 00 N 0 0 0 00 N 00 = 000_ N 00 = 000 N 00 = 000 N 00 000 801- 2601 -P W DO -3899 Square Footage N 00 = 000' N 00 = 000 N 00 000'. N 00 0 00_ N 00 = 0 00_ N 00 = 060, N 00 000 of Lumn Sum N 0% _ 600 N 0% _ 000 Lineal Footage N 06 = 000_ N 00 = 000 N 00 = 000 Fee ID N- SS06 -1/2 Fee ID N- SSOB -1/2 Fee ID N- SS10 -1/2 Fee ID N- SS12 -1/2 Fee ID N- SS15 -1/2 Fee ID N- SS 18 -1/2 Fee ID N- SS21 -1/2 Fee ID N- SS24' -1/2 Fee ID N- SS27 -1/2 Fee'ID N- SS30 -1/2 Fee ID N- SS33 -1/2 Fee ID N- SS36 -1/2 Fee ID N -SS39 -112 Fee ID N- SS42 -1/2 Fee ID N- STR -ACB Fee ID N- STR -ACP Fee ID N- STR -S/W Fee ID N-STR -S/WR Fee ID N- STR -RESU Fee ID N- STIR-LANM Fee1D N -STR -HARD Fee ID N- STR -TS3L Fee ID N- STR -TS4L Fee ID N- STR -C /G Fee ID N- STR -C /GR Fee ID N- STR -CR 712en017 1 S PM 0 00_ 000 G \COMDEV\ENGINEERING\DEVELOPMENT PROJECTS \Tract FIle\Tr 10369- Cambridge Place (Wren School Site) \Fees Invoices Receipts \Template Dev Fees 7 -1 -2017 TR COST SCHEDULE Fees Last Revised January 20, 2012 5 10369_Cambndge Place 7 -2 &17 - 6.C.b Packet Pg. 46 Attachment: Attachment 2 - PIA 2017-02 (2703 : NOC Tract 10369 Cambridge Place) Front Foot Charges Continued Used to charge and reimburse fees for existing infrastructure) Storm Drain 801- 2601 -PWDO -3899 Storm Mains - including manholes, catch basins and other pertinences. Developer responsibility is up to and including 24" mains. Half Pipe Lineal Footage 18 inch Main 63.00 LF x N 0.0 = 0.00 Fee ID N- SD1B -1/2 21 inch Main 69.00 LF x N O.0 = 0.00 Fee ID N- SD21 -1/2 24 inch Main 70.00 / LF x N 0.0 = 0.00 Fee ID N- SD24 -1/2 27 inch Main 82.00 LF x N 0.0 = 0.00 Fee ID N- SD27 -1/2 30 inch Main 89.00 / LF x N 0.0 = 0.00 Fee ID N- SD30 -1/2 33 inch Main 91.00 1 LF x N 0.0 = 0.00 Fee ID N- SD33 -1/2 36 inch Main 95.00 / LF x N 0.0 = 0.00 Fee ID N- SD36 -1/2 42 inch Main 99.00 LF x N 0.0 = 0.00 Fee ID N- SD42 -1/2 48 inch Main 117.00 LF x N 0.0 = 0.00 Fee ID N- SD48 -1/2 54 inch Main 137.00 LF x N 0.0 = 0,00 Fee ID N- SD54 -1/2 60 inch Main 158.00 / LF x N 0.0 = 0,00 Fee ID N- SD60 -1/2 66 inch Main 179.00 / LF x N 0.0 = 0.00 Fee ID N- SD66 -1/2 72 inch Main 200.00 LF x N 0.0 = 0.00 Fee ID N- SD72 -1/2 78 inch Main 216.00 1 LF x N 0.0 = 0.00 Fee ID N- SD78 -1/2 84 inch Main 231.00 / LF x N 0.0 = 0.00 Fee ID N- SD84 -1/2 90 inch Main 246.00 / LF x N 0.0 = 0.00 Fee ID N- SD90 -1/2 96 inch Main 261.00 / LF x N 0.0 = 0.00 Fee ID N- SD96 -1/2 NOTE: All deferred and/or estimated fees will be adjusted to the rates in effect at the time fees are paid. The undersigned agrees to provide actual construction costs for recalculation of fees and pay any underestimated fees prior to final acceptance. If the recalculated fees are less than the estimate, the City of Gilroy will refund the difference. Additional plan review required by changes, additions or revisions to approved plans, r spe ns and inspections outside of normal business hours will be billed as shown in the City of G' s mos current Zmpreh ensi fee schedule at the hourly rates in effect at the time of inspection. _ Accepted Print Namee7 C' Date: 7/28/2017 1 50 PM 0.00 G. \COMDEV\ENGINEERING \DEVELOPMENT PROJECTS \Tract File \Tr 10369- Cambridge Place (Wren School Site) \Fees_lnvoices_Receipts \Template Dev Fees 7- 1- 2017_TR COST SCHEDULE Fees Last Revised January 20, 2012 6 10369 Cambridge Place 7 -28.17 6.C.b Packet Pg. 47 Attachment: Attachment 2 - PIA 2017-02 (2703 : NOC Tract 10369 Cambridge Place) G kCOMDEV\ ENGINEERING \DEVELOPMENT PROJECTS \Tract File1Tr 10369= Cambndge Place (Wren School Sne)1Fees_Inwices- Receipts \Template Devfees 7- 1- 2017_TR COST SCHEDULE Fees Last Revised January 20, 2012 - 7 10369 Cambndge Place 7 -2e -17 7/28/2017 1 50 PM OVERSIZING SCHEDULE Used to reimburse oversized infrastructure) Total Oversized Water, Sewer and Storm Drain Main Reimbursement 0 00 Total Oversized Water Main Reimbursement Developer is responsible for up to and including 12" mains) 000 Oversized Minimum 12" main Oversized Full Pipe $ /foot Full Pipe $!foot Oversized Footage Reimbursement 14 inch Main 114 00 104'00, x _ _ 0 0 = 000 N 16 inch Maim 12400 10400 x 00 = 000 N 18 inch- Main 13500 10400 x 00 000 N 20 inch, Main 151 00 10400 x _ 00 000 N 24 inch Main 16400 104 60 x , _— 00 0 00_ N 30 inch- Main 18200 10400 x 0 0 = 000 N 36 inch Main 211 00 10400 x 00 000 N Total Oversized Sewer Mam Reimbursement Developer is responsible for up to and including 12 "'mams) 000- Oversized, Minimum 12" main Oversized Full Pipe $ /foot Full Pipe !/foot Oversized Footage Reimbursement 15 inch, Main 17400 16600 xi , __ 00 = 000_ IN 18 Inch Main 18600 16600 - x 00 = 000 N 21 Inch Main 20400 16600 x 00 000.- N 24 inch Main 211 00 16600 x 00 000- N 27 inch Main 24400, 16600 x 00 = 000- IN 30 inch Main 28700 16600 x 00 = 000 N 33 inch Main 31500 16600 x 00 = 0 00 N 36 inch Main 35606 16600 x 0 0 000, N 39 inch i Main 42300 16600 x 00 = 060, IN 42 inch Main 52900 16600 x 00 = 000 N Total - Overs_iz_ed Storm_ Drain_ Main R_e_imbmnt Developer is re_ sponsible for up to and Incidding 24" mains) 000 Oversized Minimum 24" main Oversized Full Pipe $/foot Full Pipe $/foot O_ versized Footage Reimbursement 27 inch Main 16400 14000 x 00 = 000 N 30 inch, Main 177 00 14000 x 00 = 1000 N 33 Inch Main 18200 14000 x 00 = 000 N 36 inch Main 18900 14000 z 00 000 N 42 inch Main 19700 14000 x - 00 0 00 N 48 inch Main 23300 14000 x 00 = 000 N 54 inch Main 27300 14000 x 00 = 000 N 60 inch' Main 315 00 14000 x 0 0 ,_ 000- N G kCOMDEV\ ENGINEERING \DEVELOPMENT PROJECTS \Tract File1Tr 10369= Cambndge Place (Wren School Sne)1Fees_Inwices- Receipts \Template Devfees 7- 1- 2017_TR COST SCHEDULE Fees Last Revised January 20, 2012 - 7 10369 Cambndge Place 7 -2e -17 6.C.b Packet Pg. 48 Attachment: Attachment 2 - PIA 2017-02 (2703 : NOC Tract 10369 Cambridge Place) a a. 712812017 1 50 PMi Oversizing Schedule Continued Used to reimburse oversized infrastructure) Oversized Storrs Drain Main Reimbmnt Continued Oversized Minimum 24" main Oversized Full Pipe $/foot Full Pipe $/foot Oversized Footage Reimbursement 66 'inch Main 35700 140 00 x 0 0 = 0 00 N 72 inch Main 39900 14000 x 00 = 000 N 78 inch Main 43160 14000 x 0 0 = 0 00_ N 84 inch Main 461 00 14000 x 00 = 0 00 N 90 inch Main 49200 14000 x 00 = 000 N y 96 inch Main 62200 14600 x 0 0 = 0 00_ N G \COMDEV\ENGINEERING\DEVELOPMENT PROJECTS \Tract File \Tr 10369- Cambridge Place (Wren School Site)\Fees_ Invoices _Receipts \Template Dev Fees 7 -1 -2017 TR - COST SCHEDULE Fees Last Revised January 20, 2012 8 10369 Cambndge Place 7 -28 -17 6.C.b Packet Pg. 49 Attachment: Attachment 2 - PIA 2017-02 (2703 : NOC Tract 10369 Cambridge Place) 6.C.c Packet Pg. 50 Attachment: Attachment 3 - PIA.2017-03 (2703 : NOC Tract 10369 Cambridge Place) 6.C.c Packet Pg. 51 Attachment: Attachment 3 - PIA.2017-03 (2703 : NOC Tract 10369 Cambridge Place) 6.C.c Packet Pg. 52 Attachment: Attachment 3 - PIA.2017-03 (2703 : NOC Tract 10369 Cambridge Place) 6.C.c Packet Pg. 53 Attachment: Attachment 3 - PIA.2017-03 (2703 : NOC Tract 10369 Cambridge Place) 6.C.c Packet Pg. 54 Attachment: Attachment 3 - PIA.2017-03 (2703 : NOC Tract 10369 Cambridge Place) 6.C.c Packet Pg. 55 Attachment: Attachment 3 - PIA.2017-03 (2703 : NOC Tract 10369 Cambridge Place) 6.C.c Packet Pg. 56 Attachment: Attachment 3 - PIA.2017-03 (2703 : NOC Tract 10369 Cambridge Place) 6.C.c Packet Pg. 57 Attachment: Attachment 3 - PIA.2017-03 (2703 : NOC Tract 10369 Cambridge Place) 6.C.c Packet Pg. 58 Attachment: Attachment 3 - PIA.2017-03 (2703 : NOC Tract 10369 Cambridge Place) 6.C.c Packet Pg. 59 Attachment: Attachment 3 - PIA.2017-03 (2703 : NOC Tract 10369 Cambridge Place) 6.C.c Packet Pg. 60 Attachment: Attachment 3 - PIA.2017-03 (2703 : NOC Tract 10369 Cambridge Place) 6.C.c Packet Pg. 61 Attachment: Attachment 3 - PIA.2017-03 (2703 : NOC Tract 10369 Cambridge Place) 6.C.c Packet Pg. 62 Attachment: Attachment 3 - PIA.2017-03 (2703 : NOC Tract 10369 Cambridge Place) 6.C.c Packet Pg. 63 Attachment: Attachment 3 - PIA.2017-03 (2703 : NOC Tract 10369 Cambridge Place) 6.C.c Packet Pg. 64 Attachment: Attachment 3 - PIA.2017-03 (2703 : NOC Tract 10369 Cambridge Place) 6.C.c Packet Pg. 65 Attachment: Attachment 3 - PIA.2017-03 (2703 : NOC Tract 10369 Cambridge Place) 6.C.c Packet Pg. 66 Attachment: Attachment 3 - PIA.2017-03 (2703 : NOC Tract 10369 Cambridge Place) 6.C.c Packet Pg. 67 Attachment: Attachment 3 - PIA.2017-03 (2703 : NOC Tract 10369 Cambridge Place) 6.C.c Packet Pg. 68 Attachment: Attachment 3 - PIA.2017-03 (2703 : NOC Tract 10369 Cambridge Place) 6.C.c Packet Pg. 69 Attachment: Attachment 3 - PIA.2017-03 (2703 : NOC Tract 10369 Cambridge Place) 6.C.c Packet Pg. 70 Attachment: Attachment 3 - PIA.2017-03 (2703 : NOC Tract 10369 Cambridge Place) 6.C.c Packet Pg. 71 Attachment: Attachment 3 - PIA.2017-03 (2703 : NOC Tract 10369 Cambridge Place) 6.C.c Packet Pg. 72 Attachment: Attachment 3 - PIA.2017-03 (2703 : NOC Tract 10369 Cambridge Place) SEPARATE PAGE PURSUANT TO GOVT. CODE 27361.6 RECORDING REQUESTED BY: City of Gilroy WHEN RECORDED MAIL TO: Shawna Freels City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 NOTICE OF ACCEPTANCE OF COMPLETION NOTICE IS HEREBY GIVEN that work agreed to be performed under the property agreement between the City of Gilroy, a municipal corporation, whose address is 7351 Rosanna Street, Gilroy, CA 95020, and the Contractor mentioned below who developed said project, was accepted as completed by the City of Gilroy on the _______day of ____________, 2020. Project No.: Property Improvement Agreements No. 2017-02 and 2017-03, Cambridge Place, Tract 10369 Contractor Name: CalAtlantic Group, Inc., a Delaware corporation Contractor Address: Lennar Corporation, 2603 Camino Ramon, Suite 525, San Ramon, CA 94583 Surety on Contract: The Continental Insurance Company Location of Project: Tract 10369, located at Wren Avenue north of Leavesley Road APN: 790-25-031 Description of Work: Tract Improvements Interest of City: x Owner in Fee: Vendee under Agreement to Purchase; Lessee; x Owner of Easements; Holder of License; Owner of Streets; x Owner of Utilities, Water, Sewer, Storm Systems Owner's Name: City of Gilroy Work Done: Construction of new private streets; and installation of a continuous sidewalk and ADA improvements along the Wren Avenue frontage, installation of Wren and Welburn Avenue intersection traffic signal; and sewer, water and storm drain facilities. This notice is given in accordance with the provisions of Section 3093 of the Civil Code of the State of California. The undersigned declares: That he is an officer of the City of Gilroy, that he has read the foregoing Notice of Acceptance of Completion and knows the contents thereof; and that the same is true of his own knowledge, except as to those matters that he believes it to be true. I certify under penalty of perjury that the foregoing is true and correct. Executed at the City of Gilroy, County of Santa Clara, State of California on ______________, 2020. CITY OF GILROY STATE OF CALIFORNIA COUNTY OF SANTA CLARA BY Gary Heap TITLE City Engineer This document is for the benefit of the City of Gilroy. Request for Recordation without fee is made in accordance with Section 27383 of the Government Code of the State of California. 6.C.d Packet Pg. 73 Attachment: Attachment 4 - NOC (2703 : NOC Tract 10369 Cambridge Place) RECORDING REQUESTED BY: ) ) City of Gilroy ) ) ) ) WHEN RECORDED, MAIL TO: ) Shawna Freels, City Clerk ) City of Gilroy ) 7351 Rosanna Street ) Gilroy, CA 95020 ) RECORDED WITHOUT FEE PER CALIFORNIA GOVERNMENT CODE SECTION 27383 (SPACE ABOVE THIS LINE FOR RECORDER'S USE) NOTICE OF ACCEPTANCE OF COMPLETION PROPERTY IMPROVEMENT AGREEMENT NO. 2017-02 AND 2017-03 Cambridge Place - Tract 10369, APNs: 790-25-031 CalAtlantic Group, Inc., a Delaware Corporation 6.C.d Packet Pg. 74 Attachment: Attachment 4 - NOC (2703 : NOC Tract 10369 Cambridge Place) City of Gilroy STAFF REPORT Agenda Item Title: Approval of a Program Supplement Agreement for the Bridge Preventative Maintenance Program Project No. 18-PW -246, Amendment to the Fiscal Year 2019-2020 Budget in the Amount of $200,000, and Award of a Contract to American Civil Constructors West Coast LLC in the Amount of $180,620 with a Contingency of $18,062 for the Construction of the Bridge Preventative Maintenance Program Project No. 18-PW -246 Meeting Date: May 4, 2020 From: Jimmy Forbis, Interim City Administrator Department: Public Works Department Submitted By: Girum Awoke Prepared By: Girum Awoke Julie Oates Strategic Plan Goals ☐ Fiscal Stability ☐ Downtown Revitalization ☐ Economic Development ☐ Neighborhood Services ☐ Enhanced Public Safety ☐ Workforce Stability ☐ Public Engagement RECOMMENDATION a) Adopt a resolution of the City Council of the City of Gilroy authoriz ing the Director of Public Works to execute a program supplement agreement for the bridge preventative maintenance program, project No. 18-PW -246. b) Adopt a resolution of the City Council of the City of Gilroy amending the budget in Fiscal Year 2019-2020 and appropriating $200,000 from the Transportation Grants Fund, Fund 224 to the bridge preventative maintenance program project. c) Award a contract to American Civil Constructors West Coast, LLC in the amount 7.A Packet Pg. 75 of $180,620 with a project contingency of $18,062 (10%) for the construction of the bridge preventative maintenance p rogram project No. 18-PW -246, and authorize the Interim City Administrator to execute the contract and associated documents. EXECUTIVE SUMMARY In February 2016, the City of Gilroy contracted with Bengal Engineering for engineering design services for the Bridge Preventative Maintenance Program (BPMP) project for the condition survey, cleaning and treating of bridge decks with High Molecular Weight Methacrylate (HMWM) at six bridge locations throughout the City. The project completed environmental approvals in winter 2017, and final plans a nd specifications were submitted in late 2018. In December 2019, Caltrans issued the Authorization to Proceed with construction of the project (Form E-76) which allows the City to receive a reimbursement of federal funds for a large portion the project’s c onstruction and construction management services. In this report, staff is requesting the approval of the following: 1. Authorize the Director of Public Works to execute the Program Supplement Agreement for the Bridge Preventative Maintenance Program Projec t 2. Adopt a resolution for a budget amendment of $200,000 for Fiscal Year 2019- 2020 from the Transportation Grants Fund 224 to fund the construction of the Project 3. Award a construction contract to American Civil Constructors West Coast LLC in the amount of $180,620 and set aside a contingency of $18,062 (10%) for the Project BACKGROUND In April 2006 the State of California Department of Transportation (Caltrans) announced the creation of the Local Assistance Bridge Preventative Maintenance Program (BPMP). The purpose of the BPMP is to extend the life of bridges by performing certain qualifying items of work, classified as “preventative maintenance”, to keep these bridges in structurally good condition while conserving limited funds for other bridges which may require major rehabilitation or replacement. In February 2016, the City of Gilroy contracted with Bengal Engineering for engineering design services for the Bridge Preventative Maintenance Program (BPMP) project. The project includes cleaning and treating bridge decks with High Molecular Weight Methacrylate (HMWM) at six bridge locations throughout the City. The project will also include the replacement of traffic stripes, pavement markings, and other incidental and appurtenant work necessary for the proper construction of the improvements. 7.A Packet Pg. 76 In winter 2017, Bengal Engineering completed all the technical studies with the culmination of a National Environmental Policy Act (NEPA) Categorical Exclusion in July 2017, and a California Environmental Quality Act (CEQA) Categorical Exemption in September 2017. In November 2018 the City received the final plans and specifications for the project. City staff revalidated the NEPA Categorical Exclusion and CEQA Categorical Exemption in October 2018. In December 2019, the City received the Authorization to Proceed (E-76) with construction of the project from Caltrans. This allow s the City to receive a reimbursement of federal funds for a large portion the project’s construction and construction management services. On February 3, 2020, City Council adopted a resolution for a budget amendment in the amount of $86,121 to fund construction management services for the project. A Program Supplement Agreement specific to the project is required to engage the terms of the Master Agreement between the City of Gilroy and the State of California. The release of State and Federal funds can only take place upon signing of the Program Supplement Agreement by an authorized official. The authorized official and the project must be clearly identified in the resolution approved by the City Council as required by Caltrans. No reimbursement payments can be made to a local agency by Caltrans until the resolution has been adopted and the Program Supplement Agreement has been fully executed. This Program Supplement Agreement is specific to the Bridge Preventative Maintenance Program Project, Federal Aid No. BPMP-5034(026), City Project No. 18-PW -246. ANALYSIS Per the project specifications, substantial completion of the BPMP project shall be completed within 35 working days from the effective date of the Notice to Proceed to the contractor. Staff is aiming to complete the project during the summer school closure. The following bridges are included in the project: Federal Bridge Number Feature Intersected Facility Carried Location 1 37C0363 West Branch Llagas Creek Church St 0.2 M N Ronan Ave 2 37C0352 West Branch Llagas Creek Farrell Ave 0.2 M W Monterey Rd 3 37C0321 Miller Slough Forest St BTWN I.O.O.F & Lewis 4 37C0320 Miller Slough Lewis St Near Forest St 7.A Packet Pg. 77 5 37C0271 Miller Slough I.O.O.F Ave 0.1 M E Monterey Rd 6 37C0339 West Branch Llagas Creek Murray Ave 0.5 M N Leavesley Rd On December 18, 2019, staff advertised the BPMP Project in the San Jose Mercury News and on the City’s website with a bid opening date of January 30, 2020. One addendum was issued for this bid on January 23, 2020. Staff received three bids for this project. A summary of the bid results is as follows: Rank Company Name Bid Amount 1 American Civil Constructors West Coast LLC $180,620 2 T.P.A Construction, Inc. $206,450 3 Ashron Construction and Restoration, Inc. $239,335 The lowest responsive bidder is American Civil Constructors West Coast LLC with a bid of $180,620. The engineer’s estimate for the project was $180,000. The lowest bid is 0.3% higher than the engineer’s estimate. Staff recommends awarding the construction contract to American Civil Constructors West Coast LLC for the following reasons: 1. American Civil Constructors West Coast LLC has completed numerous similar projects for other public agencies. 2. The bid submitted by American Civil Constructors West Coast LLC was consistent with the engineer’s estimate. Staff anticipates construction to begin in June 2020, and to be completed by August 2020. This schedule is subject to change depending on the COVID-19 shelter in place order and the availability of the contractor and crews to perform the work. ALTERNATIVES City Council can deny the request to authorize the Director of Public Works to execute the Program Supplement Agreement the resolution, the request for a budget amendment, and reject all bids; however this will cause a delay in the project and potentially incur additional costs due to rebidding in the future. STAFF DOES NOT RECOMMEND THIS OPTION. FISCAL IMPACT/FUNDING SOURCE 7.A Packet Pg. 78 The construction of this project will be funded through the Transportation Grants Fund 224. The majority of the funds (88.53%) will ultimately be reimbursed by the Federal Highway Administration (FHWA) Highway Bridge Program. Staff recommends the City Council adopt the attached resolution to amend the budget for Fiscal Year 2019-2020, increasing appropriations from the Transportation Grants Fund 224 by $200,000 for construction of the project. As this grant is a reimbursement grant, the impact to Fund 224 will result in a further negative fund balance total. Once the reimbursement is received, the fiscal impact of this project on this fund will result in no net impact to Fund 224. The City’s match of $27,366 will come from Gas Tax 2103, Fund 213. PUBLIC OUTREACH Public outreach will be conducted to inform affected parties of the nature and sc hedule of work for the project. The contractor will hand-deliver notices to residents and businesses within 500 feet of each project area five working days in advance of the work. The contractor will send notices to schools two weeks in advance of the work, and again 48 hours in advance of the work. Staff will also provide this information on the City’s social media through Facebook, Nextdoor, and E-mail Express before the work begins and throughout the course of the construction work. Staff has been and will continue coordination with the Gilroy Unified School District. Attachments: 1. Resolution Fund 224 Budget Amendment 2. Resolution Program Supplement Agreement 3. BPMP-5034(026) Final Plans 2019-02-04 4. Agreement with American Civil Constructors West Coast LLC 5. 5034(026)_Unsigned PSA_09.20.19 7.A Packet Pg. 79 RESOLUTION NO. 2020-XX RESOLUTION NO. 2020-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING THE BUDGET FOR THE CITY OF GILROY FOR 2019-2020 AND APPROPRIATING PROPOSED EXPENDITURE AMENDMENTS WHEREAS, the City Administrator prepared and submitted to the City Council a budget for the City of Gilroy for Fiscal Year 2019-2020, and the City Council carefully examined, considered and adopted the same on June 3, 2019; and WHEREAS, City Staff have prepared and submitted to the City Council proposed amendments to said budget for Fiscal Year 2019-2020 for the City of Gilroy in the staff report dated May 4, 2020 for the award of a construction contract to American Civil Constructors West Coast LLC for the Bridge Preventative Maintenance Program, City Project No. 18-PW-246, Federal Project No. BPMP-5034(026). NOW, THEREFORE, BE IT RESOLVED that the appropriations for Fiscal Year 2019-2020 in the Transportation Grants Fund 224 shall be increased by $200,000. PASSED AND ADOPTED this 4th day of May, 2020 by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: APPROVED: ___________________________ Roland Velasco, Mayor ATTEST: __________________________________ Shawna Freels, City Clerk 7.A.a Packet Pg. 80 Attachment: Resolution Fund 224 Budget Amendment [Revision 3] (2682 : Award Contract to American Civil Constructors West Coast LLC for RESOLUTION NO. 2020-XX RESOLUTION NO. 2020-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY TO AUTHORIZE THE PUBLIC WORKS DIRECTOR TO EXECUTE A PROGRAM SUPPLEMENT AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE BRIDGE PREVENTATIVE MAINTENANCE PROGRAM PROJECT 18-PW-246, FEDERAL AID PROJECT NO. BPMP-5034(026) WHEREAS, the City of Gilroy is eligible to receive Federal and/or State funding for certain transportation projects, through the California Department of Transportation; and WHEREAS, Master Agreements, Program Supplemental Agreements, Fund Exchange Agreements, and/or Fund Transfer Agreements need to be executed with the State of California Department of Transportation before such funds can be claimed; and WHEREAS, the City of Gilroy wishes to delegate authorization to execute this program supplement agreement and any amendment to Girum Awoke, Director of Public Works. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Gilroy, State of California, that Girum Awoke is authorized to execute all Program Supplemental Agreements, Fund Transfer Agreements, and any amendments thereto with the California Department of Transportation. PASSED AND ADOPTED this 4th day of May, 2020 by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: APPROVED: ___________________________ Roland Velasco, Mayor ATTEST: __________________________________ Shawna Freels, City Clerk 7.A.b Packet Pg. 81 Attachment: Resolution Program Supplement Agreement [Revision 1] (2682 : Award Contract to American Civil Constructors West Coast LLC 7.A.c Packet Pg. 82 Attachment: BPMP-5034(026) Final Plans 2019-02-04 (2682 : Award Contract to American Civil Constructors West Coast LLC for Bridge Preventative Maint. Program) 7.A.c Packet Pg. 83 Attachment: BPMP-5034(026) Final Plans 2019-02-04 (2682 : Award Contract to American Civil Constructors West Coast LLC for Bridge Preventative Maint. Program) 7.A.c Packet Pg. 84 Attachment: BPMP-5034(026) Final Plans 2019-02-04 (2682 : Award Contract to American Civil Constructors West Coast LLC for Bridge Preventative Maint. Program) 7.A.c Packet Pg. 85 Attachment: BPMP-5034(026) Final Plans 2019-02-04 (2682 : Award Contract to American Civil Constructors West Coast LLC for Bridge Preventative Maint. Program) 7.A.c Packet Pg. 86 Attachment: BPMP-5034(026) Final Plans 2019-02-04 (2682 : Award Contract to American Civil Constructors West Coast LLC for Bridge Preventative Maint. Program) 7.A.d Packet Pg. 87 Attachment: Agreement with American Civil Constructors West Coast LLC (2682 : Award Contract to American Civil Constructors West Coast 7.A.d Packet Pg. 88 Attachment: Agreement with American Civil Constructors West Coast LLC (2682 : Award Contract to American Civil Constructors West Coast 7.A.d Packet Pg. 89 Attachment: Agreement with American Civil Constructors West Coast LLC (2682 : Award Contract to American Civil Constructors West Coast 7.A.d Packet Pg. 90 Attachment: Agreement with American Civil Constructors West Coast LLC (2682 : Award Contract to American Civil Constructors West Coast 7.A.d Packet Pg. 91 Attachment: Agreement with American Civil Constructors West Coast LLC (2682 : Award Contract to American Civil Constructors West Coast 7.A.d Packet Pg. 92 Attachment: Agreement with American Civil Constructors West Coast LLC (2682 : Award Contract to American Civil Constructors West Coast 7.A.d Packet Pg. 93 Attachment: Agreement with American Civil Constructors West Coast LLC (2682 : Award Contract to American Civil Constructors West Coast 7.A.d Packet Pg. 94 Attachment: Agreement with American Civil Constructors West Coast LLC (2682 : Award Contract to American Civil Constructors West Coast 7.A.d Packet Pg. 95 Attachment: Agreement with American Civil Constructors West Coast LLC (2682 : Award Contract to American Civil Constructors West Coast 7.A.d Packet Pg. 96 Attachment: Agreement with American Civil Constructors West Coast LLC (2682 : Award Contract to American Civil Constructors West Coast 7.A.d Packet Pg. 97 Attachment: Agreement with American Civil Constructors West Coast LLC (2682 : Award Contract to American Civil Constructors West Coast 7.A.d Packet Pg. 98 Attachment: Agreement with American Civil Constructors West Coast LLC (2682 : Award Contract to American Civil Constructors West Coast 7.A.d Packet Pg. 99 Attachment: Agreement with American Civil Constructors West Coast LLC (2682 : Award Contract to American Civil Constructors West Coast 7.A.d Packet Pg. 100 Attachment: Agreement with American Civil Constructors West Coast LLC (2682 : Award Contract to American Civil Constructors West Coast 7.A.d Packet Pg. 101 Attachment: Agreement with American Civil Constructors West Coast LLC (2682 : Award Contract to American Civil Constructors West Coast 7.A.d Packet Pg. 102 Attachment: Agreement with American Civil Constructors West Coast LLC (2682 : Award Contract to American Civil Constructors West Coast 7.A.d Packet Pg. 103 Attachment: Agreement with American Civil Constructors West Coast LLC (2682 : Award Contract to American Civil Constructors West Coast 7.A.d Packet Pg. 104 Attachment: Agreement with American Civil Constructors West Coast LLC (2682 : Award Contract to American Civil Constructors West Coast 7.A.d Packet Pg. 105 Attachment: Agreement with American Civil Constructors West Coast LLC (2682 : Award Contract to American Civil Constructors West Coast 7.A.d Packet Pg. 106 Attachment: Agreement with American Civil Constructors West Coast LLC (2682 : Award Contract to American Civil Constructors West Coast SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 3/3/2020 Arthur J.Gallagher Risk Management Services,Inc. 12444 Powerscourt Drive Saint Louis MO 63131 Aaron Augustine 314-800-2288 Aaron_Augustine@ajg.com Twin City Fire Insurance Company 29459 INFAAND-01 Hartford Fire Insurance Company 19682AmericanCivilConstructorsWestCoastLLC 2990 Bay Vista Court Suite D Benicia CA 94510 Hartford Casualty Insurance Company 29424 Trumbull Insurance Company 27120 Indian Harbor Insurance Company 36940 1492623505 A X 2,000,000 X 300,000 10,000 X GL SIR:$500K 2,000,000 4,000,000 X Y Y 84ECXWQ0020 12/31/2019 12/31/2020 4,000,000 B 2,000,000 X X X Y Y 84UELWQ0019 12/31/2019 12/31/2020 Comp/Coll.Deductible $5,000/$5,000 C X 10,000,000 X Y 84XSJWQ0056 12/31/2019Y 12/31/2020 10,000,000 D X N Y 84WVWQ0018 12/31/2019 12/31/2020 1,000,000 1,000,000 1,000,000 E Contractors Professional & Pollution CEO7420967 12/31/2019 12/31/2020 Each Incident Aggregate $10,000,000 $10,000,000 Coverage Extensions: General Liability: Additional Insured -Completed Operations:CG2037 Additional Insured -Owners,Lessees or Contractors -Scheduled Person or Organization:CG2010 Other Insurance Condition:Primary and Non-Contributory When Required by Written Contract:EH2403 Contractual Liability -Railroads:CG2417 Designated Construction Project(s)General Aggregate Limit:CG2503 See Attached... City of Gilroy 7351 Rosanna Street Gilroy CA 95020 7.A.d Packet Pg. 107 Attachment: Agreement with American Civil Constructors West Coast LLC (2682 : Award Contract to American Civil Constructors West Coast ACORD 101 (2008/01) The ACORD name and logo are registered marks of ACORD © 2008 ACORD CORPORATION. All rights reserved. THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:FORM TITLE: ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE Page of AGENCY CUSTOMER ID: LOC #: AGENCY CARRIER NAIC CODE POLICY NUMBER NAMED INSURED EFFECTIVE DATE: INFAAND-01 1 1 Arthur J.Gallagher Risk Management Services,Inc.American Civil Constructors West Coast LLC 2990 Bay Vista Court Suite D Benicia CA 94510 25 CERTIFICATE OF LIABILITY INSURANCE Notice of Cancellation to Certificate Holders:IH0313 Waiver of Transfer Rights of Recovery Against Others:CG2404 Auto: Additional Insured:CA0001 Waiver of Transfer Rights of Recovery Against Others:CA0001 Notice of Cancellation to Certificate Holder(s):IH0313AUTO Excess Liability: Waiver of Subrogation:GN240415 Other Insurance Condition:Primary and Non-Contributory When Required by Written Contract:XN2000130911 Notice of Cancellation to Certificate Holders(s):IH03130611 Workers'Compensation: Employers Liability Stop Gap Coverage:WC990358 Longshore and Harbor Worker's Compensation Act Coverage Endorsement:WC000106 (CA:WC040101) Notice of Cancellation to Certificate Holder(s):WC990394CONST Texas Waiver of our Rights to Recover from Others:WC420304 Utah Waiver of Subrogation Endorsement:WC430305 Waiver of our Right to Recover from Others Endorsement -California:WC040306 All Other States -Waiver of our Right to Recover from Others Endorsement:WC000313 The City of Gilroy,its officials,and employees are named on all liability policies described above as insured as respects:(a)activities preformed for the City by or on behalf of the named insured (b)products and completed operations of the named insured,and (c)premises owned,leased or used by the named insured. 7.A.d Packet Pg. 108 Attachment: Agreement with American Civil Constructors West Coast LLC (2682 : Award Contract to American Civil Constructors West Coast 7.A.d Packet Pg. 109 Attachment: Agreement with American Civil Constructors West Coast LLC (2682 : Award Contract to American Civil Constructors West Coast 7.A.d Packet Pg. 110 Attachment: Agreement with American Civil Constructors West Coast LLC (2682 : Award Contract to American Civil Constructors West Coast 7.A.d Packet Pg. 111 Attachment: Agreement with American Civil Constructors West Coast LLC (2682 : Award Contract to American Civil Constructors West Coast 7.A.d Packet Pg. 112 Attachment: Agreement with American Civil Constructors West Coast LLC (2682 : Award Contract to American Civil Constructors West Coast 7.A.d Packet Pg. 113 Attachment: Agreement with American Civil Constructors West Coast LLC (2682 : Award Contract to American Civil Constructors West Coast 7.A.d Packet Pg. 114 Attachment: Agreement with American Civil Constructors West Coast LLC (2682 : Award Contract to American Civil Constructors West Coast 7.A.d Packet Pg. 115 Attachment: Agreement with American Civil Constructors West Coast LLC (2682 : Award Contract to American Civil Constructors West Coast 7.A.d Packet Pg. 116 Attachment: Agreement with American Civil Constructors West Coast LLC (2682 : Award Contract to American Civil Constructors West Coast 7.A.d Packet Pg. 117 Attachment: Agreement with American Civil Constructors West Coast LLC (2682 : Award Contract to American Civil Constructors West Coast 7.A.d Packet Pg. 118 Attachment: Agreement with American Civil Constructors West Coast LLC (2682 : Award Contract to American Civil Constructors West Coast 7.A.d Packet Pg. 119 Attachment: Agreement with American Civil Constructors West Coast LLC (2682 : Award Contract to American Civil Constructors West Coast 7.A.d Packet Pg. 120 Attachment: Agreement with American Civil Constructors West Coast LLC (2682 : Award Contract to American Civil Constructors West Coast 7.A.d Packet Pg. 121 Attachment: Agreement with American Civil Constructors West Coast LLC (2682 : Award Contract to American Civil Constructors West Coast 7.A.d Packet Pg. 122 Attachment: Agreement with American Civil Constructors West Coast LLC (2682 : Award Contract to American Civil Constructors West Coast 7.A.d Packet Pg. 123 Attachment: Agreement with American Civil Constructors West Coast LLC (2682 : Award Contract to American Civil Constructors West Coast 7.A.ePacket Pg. 124Attachment: 5034(026)_Unsigned PSA_09.20.19 (2682 : Award Contract to American Civil Constructors West Coast LLC for Bridge Preventative 7.A.ePacket Pg. 125Attachment: 5034(026)_Unsigned PSA_09.20.19 (2682 : Award Contract to American Civil Constructors West Coast LLC for Bridge Preventative 7.A.ePacket Pg. 126Attachment: 5034(026)_Unsigned PSA_09.20.19 (2682 : Award Contract to American Civil Constructors West Coast LLC for Bridge Preventative 7.A.ePacket Pg. 127Attachment: 5034(026)_Unsigned PSA_09.20.19 (2682 : Award Contract to American Civil Constructors West Coast LLC for Bridge Preventative 7.A.ePacket Pg. 128Attachment: 5034(026)_Unsigned PSA_09.20.19 (2682 : Award Contract to American Civil Constructors West Coast LLC for Bridge Preventative 7.A.ePacket Pg. 129Attachment: 5034(026)_Unsigned PSA_09.20.19 (2682 : Award Contract to American Civil Constructors West Coast LLC for Bridge Preventative City of Gilroy STAFF REPORT Agenda Item Title: Consideration of Amendments to the 2015-2020 Consolidated Plan and Fiscal Year 2019-2020 Community Development Block Grant (CDBG) Annual Action Plan to Reallocate up to $344,229 of Existing Program Funding and $275,486 of Funding Received Under the Coronavirus Aid, Relief, and Economic Security (CARES) Act Related to the COVID-19 Pandemic, and Approval of a Budget Amendment in Fiscal Year 2019-2020 in the Amount of $619,715 Meeting Date: May 4, 2020 From: Jimmy Forbis, Interim City Administrator Department: Community Development Department Submitted By: Karen Garner Prepared By: Karen Garner Sue O'Strander Strategic Plan Goals Fiscal Stability ☐ Downtown Revitalization Economic Development Neighborhood Services ☐ Enhanced Public Safety ☐ Workforce Stability ☐ Public Engagement RECOMMENDATION a) Approve an amendment to the 2015-2020 Consolidated Plan to modify the Citizen Participation Plan to accommodate a reduced public comment period and allowance for virtual meetings as allowed by the Federal government due to the COVID-19 pandemic. b) Approve amendment No. 2 to the Fiscal Year 2019-2020 CDBG Annual Action Plan to reallocate up to $344,229 of current program funds from projects and activities that did not expend the funds, and adding $275,486 of supplemental funding established by the CARES Act to provide rental assistance, and to 8.A Packet Pg. 130 provide support to small business affected by the COVID-19 pandemic. c) Adopt a resolution of the City Council of the City of Gilroy increasing the budget for Fiscal Year 2019-2020 by $619,715 in the Community Development Block Grant Fund. d) Provide direction to staff regarding a proposed local restaurant gift card purchase and distribution program to replace a previously approved General Fund funded Chamber Business Assistance Program. EXECUTIVE SUMMARY As part of the Coronavirus Aid, Relief, and Economic Security (CARES) Act, Gilroy will receive $275,486 in additional Community Development Block Grant (CDBG) programming for FY 2019-2020. The CARES Act allows reprogramming of unused CDBG program funds to leverage this funding to provide immediate and needed assistance in the community to directly address the COVID -19 pandemic. In April, City Council directed staff to focus recommendations of the CARES Act funding on rental assistance and support for small businesses. Council also wished to consider the possibility of backfilling previously approved financial assistance (from General Fund reserves) to local community organizations with monies expected from the CARES Act. Distribution of CARES Act funding will require an amendment to the FY 2019 -2020 Action Plan. The amended action plan will identify proposed reallocations and identify the projects to be funded. An amendment to the 2015-2020 Consolidated Plan will update the Citizen Participation Plan to allow a reduced public comment period, allow public meetings in a virtual setting, and remove the 15% cap on public services activities. Pursuant to CARES Act guidelines, an additional $344,229 in unassigned and unspent CDBG programming has been identified, which can leverage the original funding amount to $619,715. Council will be asked to consider approval of $150,000 for rental assistance and $469,715 to aid small businesses in the form of microloans. BACKGROUND On April 13, 2020, staff was first notified of Gilroy’s allocation of funding resulting from the Coronavirus Aid, Relief, and Economic Security (CARES) Act. At the April 20, 2020 meeting, the City Council considered how the CARES Act monies would best benefit Gilroy. As part of this initial relief package, Gilroy will receive $275,486 in additional Community Development Block Grant (CDBG) programming for FY 2019-2020. This special funding program is also referred to as CDBG-CV. At the April 20th meeting, City Council supported prioritization of the CARES Act (or CDBG-CV) funds to support Gilroy residents and small businesses affected by the COVID-19 outbreak. The Council recognized the need for rental assistance, as many 8.A Packet Pg. 131 Gilroy residents have lost or reduced income during this crisis period, and also emphasized the importance to provide resources and assistance for Gilroy’s small businesses to stay open or re-open as soon as possible. In addition to the allocation of $275,486, the CDBG-CV guidelines allow the reallocation of a jurisdiction’s unspent FY 2019-2020 funds to the CDBG-CV program. The advantages of this are that funds which may not be used before the end of the cycle (June 30, 2020) can be reallocated rather than carried over as unspent funds. In addition, reduced timelines and additional flexibilities with the CDBG -CV program allow for funds to be distributed to the community in a faster timeframe. The next step s to utilize the CDBG-CV funds are to amend to the FY 2019-2020 Action Plan to reflect the changes in funded programs and to amend the 2015-2020 Consolidated Plan to modify the Citizen Participation Plan. The Council may also consider reallocation of funds approved at the April 6 th meeting. At this meeting, the City Council approved funding to several local community programs for impacts resulting from the COVID-19 pandemic. A total of $267,500 from General Fund reserves was identified to fund these programs: ORGANIZATION TYPES OF PROGRAMS FUNDING St. Joseph’s Family Center Food Pantry, Homeless Meals, Emergency Rental and Utility Assistance $50,000 Project Sentinel Tenant/Landlord services and case management $50,000 Gilroy Compassion Center Sheltering and services for the homel ess $50,000 Mt. Madonna YMCA Daily Senior Nutrition Center Boxed lunches for seniors $12,500 Chamber Business Assistance Program Support for businesses with federal and state guidelines/opportunities available with the CARES Act $20,000 Visit Gilroy Business, Tourism, and Economic Strategy Marketing Plan Marketing plan for recovery $75,000 Youth Alliance Children and youth support services $10,000 TOTAL ALLOCATION from General Fund Reserve $267,500 ANALYSIS The analysis section will review use of the three funding sources noted above; CDBG-CV Funds ($275,486) Reallocation of FY 2019-2020 CDBG Funds ($344,229) 8.A Packet Pg. 132 Reallocation of City Awards (General Fund) CDBG-CV FUNDS: CARES Act Guidelines for CDBG-CV To expedite the process for needed CDBG-CV programs, HUD has created preliminary guidance specific to the CARES Act funding (see attached). For instance, a modification to the Citizen Participation Plan (CPP) to reduce the public comment period from 30 days to 5 days, allowance for virtual public meetings, and removal of the 15% cap on public services. These allowances are included in the proposed Substantial Amendment to the 2015-2020 Consolidated Plan. Eligible Projects for CDBG-CV Programs The CARES Act funds must be dispersed in a manner to directly aid the community to prevent, prepare for and/or respond to the COVID-19 pandemic. On April 20th, the Gilroy City Council directed staff to focus on providing support for rent relief and small businesses. An amendment to the FY 2019-2020 Annual Action Plan (AAP) is proposed to clarify funding reallocations. Rental Assistance/Subsistence Program This new program in the AAP proposes to utilize some CARES Act funding for needed rental assistance. Rent relief would be provided to persons and households directly affected by the COVID-19 pandemic. Implementation of the rental assistance component would adhere to the current process utilized by the St. Joseph’s Family Center. The recommended amount would further supplement the General Fund reserve amount ($50,000) that Council awarded to St. Joseph’s Family Center on April 6th. The City currently reimburses St. Joseph’s for rent that they have covered for low income households in need with a Housing Trust Fund (HTF) grant. Documentation verifying the billing and payment amounts are required as part of the City’s verification in order to allocate the HTF funds which is very similar to the process required for CDBG funds. With the process already in place, it would be seamless to continue working with St. Joseph’s and supp lement this existing needed service under CDBG- CV. There is a total of $619,715 in CDBG-CV funds available. Staff recommends partnering with St. Joseph’s Family Center and funding rental assistance programs in the amount of $150,000. Business Assistance Program The City does not provide CDBG or HTF funding to any organization to provide business assistance services. Therefore, to ensure the funds are distributed out to the businesses as quickly as possible, it is important to develop or fund a program t hat has 8.A Packet Pg. 133 simple guidelines and reporting requirements. In addition, since the total dollar amount available is relatively small, the ideal program would be one that keeps dollars recirculating locally as much as possible. This is referred to as the “local multiplier effect”. If a dollar is spent at a Gilroy business and that dollar is used to purchase supplies from another Gilroy business or is paid to an employee who then buys goods or services from a Gilroy business, the economic impact of that dollar may be doubled. Microloan Program. City staff or the City in partnership with the Chamber of Commerce or other nonprofit may develop a microloan program for businesses. The City of San Jose proposes to use some of their CDBG-CV funds for this type of program. The City of San Jose is partnering with Opportunity Fund, a San José nonprofit lender specializing in small business lending, to provide low-interest loans to San José microenterprises. The purpose of the program in San Jose will be to provide small loans (typically $5,000 to $30,000) to help local businesses cope with the COVID economic downturn by providing funds needed for working capital and business restarting costs that will result in low-income jobs being retained and/or created. Qualifying businesses must be in San José, typically be owned by low-income owners, and have five or fewer full-time employees. With the funding amount available to Gilroy, a lower maximum cap than the San Jose program would be recommended. With an allocation of $469,715 in CDBG-CV funds, staff recommends a $15,000 cap which could assist an estimated 31 to 41 businesses. Alternatively, a $10,000 cap could assist approximately 47 to 57 businesses and a $20,000 cap could assist up to 23 to 33 businesses. The $15,000 cap is estimated to retain and/or create up to 200 jobs assuming 41 businesses with up to five employees are assisted. The program could be structured as a low-interest, no-interest or forgivable loan program. A low-interest or no-interest loan would entail funding that would eventually be paid back and then could be recirculated back into the community on an on-going basis (creating a revolving loan fund). This would require ongoing tracking, monitoring and reporting. A forgivable loan means that as long as the funds are used for the intended purpose, no repayment would be expected. No additional tracking or monitoring would be required once funds are expended and required reporting is completed, however the funds would have a one-time use. Staff is currently seeking a partner to assist with this program. If a partner similar to Opportunity Fund is found, a revolving -loan fund would be preferred so that funds can be used to assist other businesses in the future as loan amounts are repaid . If an experienced partner is not found, city staff could consider running a program ourselves or consider a forgivable loan model. As staff does not have experience with managing such loan programs, a partner is much preferred. Other variations of the San Jose model described above may also be considered. This includes limiting loans to “store front” businesses (retail, restaurants or service businesses with a store front). Another alternative would be to require funds to be spent on payroll and/or local goods and 8.A Packet Pg. 134 services. Staff will also consult with the Chamber of Commerce and the Gilroy Downtown Business Association as both agencies have expressed support for a microloan program and may provide insight into a structure that best serves the business community. Benefits of this program include: Variety of business types would be funded for those that meet qualifications; Funds can be used for a variety of purposes by the applicant business. A revolving loan fund could provide business loan assistance on an ongoing basis Challenges of this program include: The City would need to find a willing and experienced nonprofit to partner with or manage the program ourselves; Program set-up, application review and qualification and distribution may take several weeks or longer; W ith a relatively small amount of funds available, loan amounts are small and may not be effective. Local Multiplier Effect: The effect will be moderate if businesses are not required to spend microloans on local goods or services. This effect would increase if loans are required to be spent on payroll and/or local goods and services. There is a total of $619,715 in CDBG-CV funds available. Staff recommends funding the Business Assistance Program in the amount of $469,715. REALLOCATION OF FY 2019-2020 CDBG PROGRAMS: FY 2019-2020 Action Plan Program Status Additional FY 2019-2020 CDBG Allocations Available Annually, Gilroy receives CDBG allocations to support various activities and programs as described in each year’s Action Plan. The CARES Act allows reassignment of unspent CDBG funds into the special CDBG-CV program. Staff has expedited monitoring and review of current CDBG public services and housing rehabilitation programs through Quarter 3 (i.e. March 2020) to provide timely fund ing of verified allocations. In addition, staff has reached out to program operators to ascertain the anticipated status of their spending for the remainder of the year. Based on the feedback received, many of the programs are continuing services through the Shelter- In-Place period. Some programs are providing services through alternative methods (e.g. virtual counseling sessions), and others anticipate a need and ability to utilize their grant allocations before June 30th (e.g. housing rehabilitation). Therefore, staff does not 8.A Packet Pg. 135 recommend reallocation of funding from the assigned Public Services and Housing Rehabilitation programs. Other FY 2019-2020 CDBG Programs that may be considered for potential reallocation are discussed below: Cherry Blossom Apartments Reroof ($100,000). No contract is yet in place for this project. The City is currently in preliminary discussions with an interested party for possible purchase of the apartments, so the re-roof project was put on hold. If the sale does not occur and it is determined that the re-roof should be done, funds can be allocated from FY 2020-2021 CDBG funds for this project. Staff recommends reallocating $100,000 for this project to the CDBG -CV fund. 2020 Sidewalk Gap Project ($300,000). At the February 24th, Council meeting, an amendment was approved to the Annual Action Plan for this project. A contract has been awarded to McKim Corporation. The company has decided to have their staff shelter in place based on the County order, and has not yet started this project. It is anticipated that they will begin soon after the shelter in place order is lifted. HUD officials are aware of the likelihood that many CDBG agencies will not meet the annual timeliness test, and have indicated they will work with local governments in this regard to understand each agency’s best efforts to reduce the ratio. Staff does not recommend reallocating these funds. Unassigned funds. As a result of the actions taken by Council on February 24 th, an amount of $244,229 was not earmarked for any particular project. It was staff’s intention to have this assigned as part of the next AAP for FY 2020 -2021. However, the COVID-19 pandemic has afforded an earlier opportunity to identify a use for these funds. Staff recommends allocating $244,229 to the CDBG-CV fund. Reallocation for CDBG-CV Funding As mentioned above, some CDBG Public Services recipients have indicated that COVID-19 has impacted the ability for them to provide their program services per the terms of their agreement with the City. In addition, the City will not be able to pursue the Cherry Blossom Apt. Rehab ($100,000) during this fiscal year. The CARES Act allows reallocation of these unspent funds into the CDBG -CV program to address the immediate community needs of the pandemic. Staff estima tes a total of $344,229 can be shifted to leverage the CDBG -CV program. Cherry Blossom Apts. $100,000 Unassigned funds $244,229 TOTAL Reallocation $344,229 Allocations for CDBG-CV 8.A Packet Pg. 136 In summary, staff proposes adjustments to the City’s CDBG allocations, to include the federal CARES Act funding along with anticipated unspent funds from FY 2019 -2020 programs. By shifting available reallocations into the CDBG-CV program, the CARES Act fund can be leveraged to $619,715. The resulting Program allocations are proposed (with recommended changes shown in italics), as follows: Program Categories Approved Allocations Proposed Allocations Public Services $75,988 $75,988 Housing Rehabilitation $144,364 $144,364 Cherry Blossom Apts. Rehab $100,000 0 Rental Assistance/Subsistence Program (CDBG-CV) n/a $150,000 Business Assistance Program (CDBG-CV) n/a $469,715 TOTAL FUNDING $320,352 $840,067 The Proposed Allocations for FY 2019 -2020 grants are increased due to previously unassigned monies ($244,229) and the CARES Act allocation ($275,486). The proposed Substantial Amendment (Amendment #2 to the FY 2019-2020 AAP) provides needed supplemental funding to the Gilroy community to support rent relief and business assistance. Use of existing CDBG program providers makes the process seamless with no downtime. REALLOCATION OF CITY AWARDS (GENERAL FUND): City Funded Program Update After City Council approval totaling $267,500 for several local nonprofits at the April 6 th City Council meeting, City staff prepared an application and emailed those to the Executive Directors of each organization on April 16th. Funding was immediately distributed to the YMCA due to the urgent need. Of the r emaining six organizations, four have submitted completed applications and are in the process of receiving funding. One other is in the process of completing an application. The Chamber Business Assistance Program slated to receive funds from the April 6th Council action was anticipated to include professional support for local businesses w ith processing applications for federal and state loans/grants. While this program aligns with the CARES Act goals, the Chamber has found only minimal interest from business owners seeking such services. On their website (www.gilroy.org), the Gilroy Chamber of Commerce provides a comprehensive summary of COVID-19 resources for businesses, including hyperlinks. 8.A Packet Pg. 137 This resource has likely reduced the need for business owners requiring one -on-one business counseling. In addition, the program with the largest interest from small business has been the Small Business Administration (SBA) Payroll Protection Program (PPP). The PPP is administered through banks and as such, most businesses have worked directly with their banking institution or with regional SBA offices to get information and apply for this program. Given the minimal interest in business counseling, the Gilroy Chamber has indicated they would likely not pursue the approved funding ($20,000) for this program, but is supportive of reallocating the funds for other business assistance needs. Local Restaurant Gift Card Purchase & Distribution Program. The Chamber proposed an alternative business assistance concept whereby funds are used to purchase gift cards from locally owned restaurants which in turn are donated to local nonprofits who would distribute the gift cards to low-income individuals and families in need. The City could partner with organizations such as St. Joseph’s Family Center, Gilroy Compassion Center and Salvation Army who have existing programs to distribute food and other goods to their clients. There are approximately 75-100 restaurants in Gilroy. Criteria would be established to ensure a greater local impact, such as a requirement that the restau rant be locally owned. Other criteria to consider include; Total number of restaurants owned by owner (for example, a chain restaurant may be owned by a local franchisee, however, that franchisee may own only the location(s) in Gilroy or may own multiple locations throughout the region.) Restaurant location (i.e., more consideration for restaurant in downtown Gilroy) Number of restaurant employees Non-chain restaurants Restaurants that are currently open for take-out The City of Gilroy would purchase gift cards from the qualified list of restaurants and then distribute those gift cards to local nonprofits who distribute food to low -income individuals and families in need (i.e., St. Joseph’s Family Center, Gilroy Compassion Center, Salvation Army). Purchasing gift cards from locally owned restaurants is a criteria the City can require as a means of supporting local businesses and keeping dollars local. Benefits of this program: Funds can be used for a variety of purposes by the restaurant; Minimal monitoring, paperwork and reporting required by staff; Existing partners in place for distribution of gift cards to clients; 8.A Packet Pg. 138 Purchase and distribution of gift cards can happen quickly, likely within a couple of weeks; Possible that some recipients may pur chase additional food with their own funds, thus generating additional revenue for the restaurants. Challenges of this program include: Focuses on one business sector; restaurants. Local Multiplier Effect: staff is expecting the local multiplier effect to be high. Although restaurants are not required to spend funds received from gift card purchases on local goods or services, it’s likely some would go for that purpose. Restaurants tend to have a larger multiplier effect because they are more labor i ntensive and more of each dollar goes to local payroll. In addition, they tend to source more of their goods locally as well as use local service providers. The gift cards would be distributed to local residents who must use them to purchase from local restaurants, thus ensuring funds stay local. As this activity would be difficult to report as a CDBG program, City Council could consider this as an alternative business assistance program, funded by the General Fund. Staff recommends that the City Council reallocate $20,000 previously approved for the Chamber’s Business Assistance Program with the Local Restaurant Gift Card Purchase & Distribution Program. Reassignment of General Funds for Previously Approved Programs At the April 20th meeting, the City Council wished to consider utilizing CARES Act funds to backfill financial support to local community programs approved at the April 6 th meeting. This would potentially allow reprogramming the General Fund reserves for greater opportunities for small businesses to obtain loans or grants without meeting strict qualifying criteria under the CARES Act. Of the programs considered by the City Council on April 6th, many but not all activities align with the special objectives required by the CARES Act. Specifically, the Business Marketing Plan ($75,000) would not qualify as it does not specifically “prevent, prepare for, and respond to coronavirus”. The City recently received the application from the Youth Alliance ($10,000), but as of the writing of this report the City is still determining it their program would qualify for CDBG-CV funding. As stated previously, the Gilroy Chamber has opted to not pursue the proposed Business Assistance Program ($20,000). While the remaining programs meet the CDBG-CV funding criteria, staff recommends that the YMCA Senior Nutrition Center remain funded under the City’s General Fund reserves. The amount is relatively small, and the YMCA is not a current recipient of Gilroy’s CDBG or HTF programs. Training and data reporting for compliance with the CDBG program would be cumbersome for the recipient, especially for such a small amount and would place a large burden on the organization. 8.A Packet Pg. 139 Eligible Programs Should the Council wish to shift funding for actions taken on April 6th, only $150,000 would likely qualify for the CARES Act monies. These include programs administered by St. Joseph’s Family Center, Project Sentinel, and Gilroy Compassion Center. While it is possible to backfill General Fund dollars with CDBG -CV for these three programs, this effort frees up a rather smaller amount. Although these three organizations are recipients of CDBG or HTF Funds and are likely already collecting the necessary data that HUD would require, it is still additional and unanticipated reporting the organizations would be required to do. Receiving funds with the upfront expectation of reporting requirements is ideal. Furthermore, since there is only $150,000 that could be backfilled, there would still be a large portion of remaining CDBG -CV funds that would be allocated to the rental assistance program and business assistance program. These programs would still need to provide reporting as required by HUD. For these reasons, staff does not recommend the option of backfilling funds for previously approved organizations receiving money from the City’s General Funds. Summary of Recommended Funding & Sources CDBG-CV Funds $275,486 Reallocation of FY 19/20 CDBG Funds Cherry Blossom Re-roof Unspent Funds from Agencies Providing Public Services $344,229 TOTAL Funds Available $619,715 Summary of Recommended CDBG-CV Fund Uses Rental Assistance (partner with St. Joseph’s Family Center) $150,000 Business Assistance Program, Microloans $469,715 TOTAL Recommended Funding $619,715 Other Funds Reallocation of City Awards (General Fund) Chamber Business Assistance Progra m to Local Restaurant Gift Card Purchase & Distribution Program. $20,000 ALTERNATIVES 1. Should the City Council direct staff to backfill the General Fund reserve programs (approved on April 6, 2020) with CARES Act funding, this will necessitate 8.A Packet Pg. 140 additional training for providers and will generate additional workload on staff to create qualifying criteria for small business loans and/or grants, including training and monitoring of such activities. As a delay in funding the necessary activities is not desired, this action is not recommended. 2. The City Council may modify the recommended funding amounts for the recommended CDBG-CV activities. FISCAL IMPACT/FUNDING SOURCE A budget amendment in the amount of $619,715 to the CBDG fund (Fund #254) in the FY 2019-2020 budget is necessary to increase the budget appropriation for the CDBG - CV funds, including the CARES Act special allocation of $275,486. In addition, the proposal addresses reallocation of existing CDBG monies, and as such, all costs would be absorbed by the CDBG funds, with no impact to the City’s General Fund. PUBLIC OUTREACH A public hearing notice of the proposed Amendment and 5-day public comment period of April 28, 2020 to May 2, 2020 was advertised in the Mercury News. Attachments: 1. HUD Memo, CARES Act CDBG-CV Guide 2. Gilroy Substantial Amendment #2 for CARES Act Funds 3. CDBG Amend #2 Budget Amendment Resolution 5-4-2020 8.A Packet Pg. 141 ASSISTANT SECRETARY FOR U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WASHINGTON, DC 20410-7000 9 April 2020 COMMUNITY PLANNING AND DEVELOPMENT MEMORANDUM FOR: FROM: SUBJECT: All Fiscal Year 2020 and 2019 CDBG and CDBG-CV Grantees and All CPD Field Office Directors John Gibbs, Acting Assistant Secretary for Community Planning and Development CARES Act Flexibilities for CDBG Funds Used to Support Coronavirus Response and plan amendment waiver The Coronavirns Aid, Relief and Economic Security Act (CARES Act) (Public Law 116-136) makes available $5 billion in supplemental Community Development Block Grant (CDBG) funding for grants to prevent, prepare for, and respond to coronavirus (CDBG-CV grants). Additionally, the CARES Act provides CDBG grantees with flexibilities that make it easier to use CDBG-CV grants and fiscal years 2019 and 2020 CDBG Grants for coronavirus response and authorizes HUD to grant wa1vers and alternative requirements. The Department has announced the allocations of the first $2 billion in CARES Act funding for CDBG grantees, as well as $1 billion for Emergency Solutions Grants (ESG) and $53.7 million for Housing Opportunities for Persons With AIDS (HOPW A). You can find the allocations at www.hud.gov/program offices/comm planning/budget'fy20/. This memorandum transmits the attached CARES Act Flexibilities for CDBG Funds Used to Support Coronavirus Response Guide (Guide). The Guide describes the immediate availability of a 5-day public comment period for amendments and new plan submissions, uncaps the percentage of CDBG funding for public services to prevent, prepare for, and respond to coronavirus, as well as other flexibilities. Please note that these new provisions are not only applicable to the $5 billion in CDBG :funding from the CARES Act but many of the new provisions are also applicable to FY2019and FY2020 CDBG funding. This broad applicability provides grantees with flexibility to help address the challenges facing our nation. Grantees are advised to amend or prepare their plans as soon as possible and not to wait for the pending Federal Register notice, which may provide additional waivers and alternative requirements. Similarly, grantees should not wait for HUD to allocate the remaining nearly $3 billion of the $5 billion provided by the CARES Act for the CDBG program. Upon publication of the Federal Register notice and subsequent allocations, grantees receiving allocations will then amend plans accordingly. Grantees should proceed with all amendments and plans under these new provisions by adding the CDBG-CV allocation in their plans as an available resource for the year. The CARES Act permits HUD to waive, or specify alternative requirements for, any provision of any statute or regulation that the Secretary administers in connection with the CDBG-CV funds, FY2019 and FY2020 CDBG funds ( except for requirements related to fair housing, nondiscrimination, labor standards, and the environment), upon a finding by the Secretary that any such waivers or www.hud.gov espanol.hud.gov 8.A.a Packet Pg. 142 Attachment: HUD Memo, CARES Act CDBG-CV Guide (2753 : CDBG Annual Action Plan Amendment and CARES Act Funding) alternative requirements are necessary to expedite or facilitate the use of such amounts to prevent, prepare for, and respond to coronavirus. To expedite grantees' use ofCDBG-CV funds, HUD is waiving the requirements at 42 U.S.C. 12705(a)(2) to the extent it requires updates to the housing and homeless needs assessment, housing market analysis, and strategic plan and 24 CFR 91.220 and 91.320 to the extent the action plan is limited to a specific program year to permit grantees to prepare substantial amendments to their most recent annual action plan, including their 2019 annual action plan. Grantees must identify the proposed use of all funds and how the funds will be used to prevent, prepare for, and respond to coronavirus. The Department is also waiving 24 CFR 91.505 to facilitate the use of the CD BG-CV funds to the extent necessary to require submission of the substantial amendment to HUD for review in accordance with 24 CFR 91.500. To receive a CDBG-CV grant, a grantee must also submit a SF- 424, SF-424D and the certifications at 24 CFR 91.225(a) and (b) or 24 CFR 91.325(a) and (b). The Guide addresses many of the Field's initial questions. Email inquiries to CPDQuestionsAnswered@hud.gov will continue to receive individual replies and guidance. HUD will also be batching questions and responses and periodically making them available as FAQs. Additional resources will continue to be posted to www.hudexchange.info/programs/cdbg/disease/. Thank you for the work you and your staff do with our communities in the fight against the coronavirus. 8.A.a Packet Pg. 143 Attachment: HUD Memo, CARES Act CDBG-CV Guide (2753 : CDBG Annual Action Plan Amendment and CARES Act Funding) CARES Act Flexibilities for CDBG Funds Used to Support Coronavirus Response April 9, 2020 President Trump has signed The Coronavirus Aid, Relief and Economic Security Act (CARES Act). The CARES Act: Makes available $5 billion in supplemental Community Development Block Grant (CDBG) funding for grants to prevent, prepare for, and respond to coronavirus (CDBG-CV grants); Provides flexibilities for CDBG grantees to make it easier to use CDBG-CV grants and fiscal years 2019 and 2020 CDBG grants for coronavirus response and authorizes HUD to grant waivers and alternative requirements; Requires CDBG-CV grantees to prevent the duplication of benefits, which means grant funds may not be used to pay costs if another source of financial assistance is available to pay that cost. HUD will publish a Federal Register notice describing the requirements for CDBG-CV grants. The notice will also include waivers and alternative requirements for CDBG-CV and fiscal year 2019 and 2020 CDBG grants. A grantee may submit a CDBG-CV action plan substantial amendment to its most recent accepted CDBG action plan for the first CDBG-CV allocation before the notice is published. To apply for CDBG-CV grants, grantees may follow existing regulatory requirements for a substantial amendment to the grantee’s action plan that describes the amount of CDBG-CV funds available in the first allocation and planned use of funds, in accordance with existing requirements and the flexibilities in the CARES Act, summarized below. HUD will publish a Q&A document with further information on this process. Grantees may use CDBG-CV and CDBG funds for a range of activities to prevent, prepare for, and respond to coronavirus. For examples, see the Quick Guide to CDBG Activities for Infectious Disease Response. Summary of CARES Act Provisions for Coronavirus Response With CDBG-CV and CDBG Grants For more information, refer to applicable sections of the CARES Act, Housing and Community Development Act of 1974 (for State CDBG Grantees) and CDBG regulations (for Entitlement CDBG grantees). Description of Program Flexibility Applicability to CDBG-CV and CDBG Grants Public Service Activities Eliminates the 15 percent cap1 on the amount of grant funds that can be used for public services activities. Following enactment, the cap in section 105(a)(8) of the HCD Act and 24 CFR 570.201(e) has no effect on CDBG-CV grants and no effect on FY 2019 and 2020 CDBG grant funds used for coronavirus efforts. CDBG-CV Immediately Available CDBG FY 19 and FY 20 Grants Immediately Available CDBG Grants before FY 19 Not Available Reimbursement of Costs Provides that grantees may use CDBG-CV grant funds to cover or reimburse costs to prevent, prepare for, and respond to coronavirus incurred by a State or locality, regardless of the date on which such costs were incurred, when those costs comply with CDBG requirements. For other grants, pre-agreement and pre-award cost authority is available under 24 CFR 570.489(b) (states) and 570.200(h) (entitlements). CDBG-CV Immediately Available CDBG FY 19 and FY 20 Grants See current regulations. CDBG Grants before FY 19 See current regulations. 1 Section 105(a)(8) of the Housing and Community Development Act of 1974, provides a different percentage cap for some grantees. 8.A.a Packet Pg. 144 Attachment: HUD Memo, CARES Act CDBG-CV Guide (2753 : CDBG Annual Action Plan Amendment and CARES Act Funding) Description of Program Flexibility Applicability to CDBG-CV and CDBG Grants Citizen Participation and Public Hearings for Consolidated Plans (including Action Plans) Provides that grantees may amend citizen participation plans to establish expedited procedures to draft, propose, or amend consolidated plans. Expedited procedures must include notice and reasonable opportunity to comment of no less than 5 days. The 5-day period can run concurrently for comments on the action plan amendment and amended citizen participation plans. In-person public hearings are not required. Grantees may meet public hearing requirements with virtual public hearings if: 1) national/local health authorities recommend social distancing and limiting public gatherings for public health reasons; and 2) virtual hearings provide reasonable notification and access for citizens in accordance with the grantee’s certifications, timely responses from local officials to all citizen questions and issues, and public access to all questions and responses. CDBG-CV Immediately Available CDBG FY 19 and FY 20 Grants Immediately Available CDBG Grants before FY 19 Not Available Deadline to Submit Consolidated Plans (including Annual Action Plans) Extends the deadline for grantees to submit action plans and other updates to their consolidated plans submissions for fiscal years 2019* and 2020 to August 16, 2021. Without extension, the deadline for fiscal year 2020 grants would be August 16, 2020, in accordance with section 116(b) of the HCD Act and 24 CFR 91.15. *The deadline for fiscal year 2019 passed on August 16, 2019 (plans due then have been submitted). CDBG-CV Immediately Available CDBG FY 19* and FY 20 Grants Immediately Available. CDBG Grants before FY 19 Not applicable. Waiver and Alternative Requirement Authority Authorizes the Secretary to issue statutory and regulatory waivers/alternative requirements for CDBG-CV and some CDBG funds when necessary to expedite or facilitate the use of grant funds to prevent, prepare for, and respond to coronavirus. Prohibits waivers/alternative requirements related to fair housing, nondiscrimination, labor standards, and the environment. HUD has additional regulatory waiver and statutory suspension authorities that it may use for CDBG Grants before fiscal year 2019 if necessary. CDBG-CV Immediately Available CDBG FY 19 and FY 20 Grants Immediately Available. CDBG Grants before FY 19 Not applicable. Submit your questions to: CPDQuestionsAnswered@hud.gov 8.A.a Packet Pg. 145 Attachment: HUD Memo, CARES Act CDBG-CV Guide (2753 : CDBG Annual Action Plan Amendment and CARES Act Funding) City of Gilroy Substantial Amendment #2 to the 2015-20 Consolidated Plan and 2019-20 Annual Action Plan The following is a summary and draft language that amends the 2015-20 Consolidated Plan and 2019-20 Annual Action Plan. Background The City of Gilroy’s federal Consolidated Plan details the funding strategy for the Community Development Block Grant (CDBG for the period between 2015 and 2020. The Annual Action Plan details each year within the 5-year Consolidated Plan and outlines the implementation of annual funding, which is developed through significant public input, analyses, and planning. On March 27th, 2020, Congress passed the Coronavirus Aid, Relief, and Economic Security Act (CARES) to support preparation for and response to the community impacts of the COVID-19 pandemic and identified additional funding for the City of Gilroy through is Community Development Block Grant (CDBG) Program. The City anticipates receiving an additional $275,486 in CDBG dollars. Additionally, the City will also be re- allocating up to $344,229 from its prior CDBG allocations to combat this crisis. The City’s Citizen Participation Plan (CPP) describes the efforts that the City will take to encourage its residents to participate in developing these plans. It also provides requirements for public process when a “substantial amendment” to the Annual Action Plan is proposed. The following changes constitute a substantial amendment and require public notice as described in the CPP: • A 25% change in the amount allocated to a category of funding • A significant change to an activity’s proposed beneficiaries or persons served • Funding of a new activity not previously described in the Action Plan. However, due to COVID-19, the United States Department of Housing and Urban Development (HUD) has issued guidance that that waives the Citizen Participation Plan requirements for entitlement recipients, provided that (1) no fewer than five days are provided for public comment and that (2) reasonable notice and the opportunity to comment is provided. Additionally, HUD has awarded supplemental funding through the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) that requires programming in the 2019-20 Annual Action Plan. Proposed Substantial Amendments 8.A.b Packet Pg. 146 Attachment: Gilroy Substantial Amendment #2 for CARES Act Funds (2753 : CDBG Annual Action Plan The City is proposing the following activities as an amendment to the 2019-2020 Annual Action Plan in order to reallocate current program funds from projects/activities that did not expend the projected funds within the fiscal year, as well as supplemental funding established by the CARES Act. 1. New activity: Subsistence Program for rent/mortgage payments 2. New activity: Business Assistance Program 3. Cherry Blossom Apartment Complex Rehabilitation (cancel project) Public Process The City of Gilroy is providing notice of a five-day public comment period as part of the HUD public participation exemption process from April 28, 2020 and ending May 2, 2020. Additionally, one public hearing will be held to provide opportunities for public comment: • May 4, 2020 - City Council consideration of Substantial Amendments adoption, 6:00 pm, Virtual Meeting, Comments may also be provided to Sue O’Strander by email (sue.ostrander@cityofgilroy.org), phone (408) 846-0219, or in writing addressed to: City of Gilroy Attn: Sue O’Strander, Deputy Community Development Director 7351 Rosanna Street Gilroy, CA 95020 The following changes will be made to the approved 2019-2020 Annual Action Plan, as follows (additions or deletions): 8.A.b Packet Pg. 147 Attachment: Gilroy Substantial Amendment #2 for CARES Act Funds (2753 : CDBG Annual Action Plan Annual Goals and Objectives AP-20 Annual Goals and Objectives - 91.420, 91.220(c)(3)&(e) Goals Summary Information Sort Order Goal Name Start Year End Year Category Geographic Area Needs Addressed Funding Goal Outcome Indicator 1 Housing rehabilitation 2015 2019 Non-Housing Community Development CITY OF GILROY NEIGHBORHOOD REVITALIZATION STRATEGY Housing Services CDBG: $144,364 Housing Trust Fund: $0 Homeowner Housing Rehabilitated: 22 Household Housing Unit 2 Services to the homeless 2015 2019 Homeless Basic Needs Supportive Services CDBG: $16,318 Housing Trust Fund: $58,800 Public service activities other than Low/Moderate Income Housing Benefit: 509 Persons Assisted 3 Emergency rental assistance 2015 2019 Homeless Housing Services CDBG: $150,000 Housing Trust Fund: $50,000 Households Assisted: 30 Homelessness Prevention: 100 Persons Assisted 4 Support basic need services 2015 2019 Homeless Non-Homeless Special Needs Basic Needs Housing Trust Fund: $20,000 Public service activities other than Low/Moderate Income Housing Benefit: 16 Persons Assisted 5 Support for supportive services 2015 2019 Homeless Non-Homeless Special Needs Supportive Services CDBG: $21,173 Housing Trust Fund: $25,000 Public service activities other than Low/Moderate Income Housing Benefit: 250 Persons Assisted 8.A.b Packet Pg. 148 Attachment: Gilroy Substantial Amendment #2 for CARES Act Funds (2753 : CDBG Annual Action Plan Sort Order Goal Name Start Year End Year Category Geographic Area Needs Addressed Funding Goal Outcome Indicator 6 Support youth services 2015 2019 Youth Youth Services CDBG: $38,497 Housing Trust Fund: $0 Public service activities other than Low/Moderate Income Housing Benefit: 140 Persons Assisted 7 Code Enforcement services 2015 2019 Code Enforcement CITY OF GILROY NEIGHBORHOOD REVITALIZATION STRATEGY Housing Services CDBG: $7,700 Housing Code Enforcement/Foreclosed Property Care: 20 Household Housing Unit 8 Capital improvements in the NRSA 2015 2019 Non-Housing Community Development CITY OF GILROY NEIGHBORHOOD REVITALIZATION STRATEGY Infrastructure Improvements in the NRSA CDBG: $544,229300,000 Housing Trust Fund: $0 Public Facility or Infrastructure Activities other than Low/Moderate Income Housing Benefit: 1 Persons Assisted 9 Promote fair housing choice 2015 2020 Fair Housing Housing Services CDBG: $0 Housing Trust Fund: $14,200 Public service activities other than Low/Moderate Income Housing Benefit: 38 Persons Assisted 10 Small Business Development 2015 2020 Economic Development Economic Development CDBG: $469,715 Businesses Assisted: 40 AP-38 Projects Summary Project Summary Information Table 1 – Project Summary 15 Project Name Business Assistance Program Target Area Economic Development Goals Supported Economic Development Needs Addressed 8.A.b Packet Pg. 149 Attachment: Gilroy Substantial Amendment #2 for CARES Act Funds (2753 : CDBG Annual Action Plan Funding CDBG: $469,715 Description The purpose of the program will be to provide small loans (typically $5,000 to $15,000) to help local businesses cope with the COVID economic downturn by providing funds needed for working capital and business restarting costs that will result in low-income jobs being retained. Target Date 6/30/2021 Estimate the number and type of families that will benefit from the proposed activities 40 Businesses Location Description Planned Activities The purpose of the program will be to provide small loans (typically $5,000 to $15,000) to help local businesses cope with the COVID economic downturn by providing funds needed for working capital and business restarting costs that will result in low-income jobs being retained. 10 Project Name Subsistence Payment Program (Rent Relief) Target Area Goals Supported Affordable Housing Needs Addressed Affordable Housing Funding $150,000 Description Rent/Mortgage payments for no more than 90 days to low income households who have been affected by COVID-19. Target Date 6/30/21 8.A.b Packet Pg. 150 Attachment: Gilroy Substantial Amendment #2 for CARES Act Funds (2753 : CDBG Annual Action Plan Estimate the number and type of families that will benefit from the proposed activities Up to 30 low income households Location Description Planned Activities Rent/Mortgage payments for no more than 90 days to low income households who have been affected by COVID-19. 8.A.b Packet Pg. 151 Attachment: Gilroy Substantial Amendment #2 for CARES Act Funds (2753 : CDBG Annual Action Plan RESOLUTION NO. 2020-XX RESOLUTION NO. 2020-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING THE BUDGET FOR THE CITY OF GILROY FOR FISCAL YEAR 2019-2020 IN THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND AND APROPRIATING PROPOSED EXPENDITURE AMENDMENTS WHEREAS, the City Administrator prepared and submitted to the City Council a budget for the City of Gilroy for Fiscal Years 2019-2020 and 2020-2021, and the City Council carefully examined, considered and adopted the same on June 3, 2019; and WHEREAS, City Staff has prepared and submitted to the City Council a proposed amendment to said budget for Fiscal Year 2019-2020 for the City of Gilroy in the staff report dated May 4th, 2020 for the 2nd Substantial Amendment to the 2015-2020 Consolidated Plan and the 2019-2020 Community Development Block Grant Annual Action Plan appropriating the Coronavirus Aid, Relief, and Economic Security Act (CARES) and current/prior year Community Development Block Grant allocations in response to the COVID-19 crisis.; and WHEREAS, the City Council has carefully examined and considered the same and is satisfied with said budget amendments. NOW, THEREFORE, BE IT RESOLVED THAT appropriations for Fiscal Year 2019-20 are hereby increased in the Community Development Block Grant Fund, Fund 254, by $619,715. PASSED AND ADOPTED this 4th of May, 2020 by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: 8.A.c Packet Pg. 152 Attachment: CDBG Amend #2 Budget Amendment Resolution 5-4-2020 (2753 : CDBG Annual Action Plan Amendment and CARES Act Funding) RESOLUTION NO. 2020-XX APPROVED: ___________________________ ATTEST: Roland Velasco, Mayor _________________________ Shawna Freels, City Clerk 8.A.c Packet Pg. 153 Attachment: CDBG Amend #2 Budget Amendment Resolution 5-4-2020 (2753 : CDBG Annual Action Plan Amendment and CARES Act Funding) City of Gilroy STAFF REPORT Agenda Item Title: Public Hearing to Establish a List of Properties Subject to the Weed Abatement Program and Adoption of a Resolution Authorizing the Fire Chief to Abate the Nuisance Arising Out of Weeds Growing and Refuse Accumulating Upon Property in the City of Gilroy Pursuant to Section 12.51 of the Gilroy Code Meeting Date: May 4, 2020 From: Jimmy Forbis, Interim City Administrator Department: Fire Department Submitted By: Mark Bisbee Prepared By: Mark Bisbee Miguel Trujillo Strategic Plan Goals ☐ Fiscal Stability ☐ Downtown Revitalization ☐ Economic Development ☐ Neighborhood Services Enhanced Public Safety ☐ Workforce Stability ☐ Public Engagement RECOMMENDATION Adopt a Resolution of the City Council of the City of Gilroy authorizing the Fire Chief to abate the nuisance arising out of weeds growing and refuse accumulating upon property in the City of Gilroy, pursuant to Section 12.51 of the Gilroy City Code. BACKGROUND On January 27, 2020, the City Council adopted Weed Abatement Resolution 2020-03 declaring weeds and refuse as a public nuisance. This annual process complies with both the City Code and State Health and Safety Code , which require that, prior to authorizing the abatement of a lot, the City hold a public hearing of the subject 8.B Packet Pg. 154 properties. The City of Gilroy, via the annual resolution, identifies those properties and owners with a history of non-abatement, and this list serves as the commencement list for the County’s inspection and abatement program. The abatement program continues to be implemented under an agreement with the Santa Clara County Agricultural Commissioner’s Office for the Vegetation Management Program. PROGRAM DESCRIPTION All subject property owners identified on the commencement list will receive a public hearing notice, as well as the abatement instructions and the fee costs. The abatement notice is sent to property owners after City Council adoption of the Weed Declaration Resolution. As part of the notification, property owners receive notice that the annual Abatement Deadline is May 15, 2020. A second notice will go out 30 days prior to the May 15th deadline. If the property owner fails to complete abatement of their lot by May 15, 2020, the owner will be assessed fees for the failed inspection, in addition to the initial inspection fee, and will receive a notice requiring that the abatement be completed within two weeks. Lots in the Wildland Urban Interface Hazardous Fire Areas, primarily homes on the hillside, pose an immediate concern with potential wildfires. Therefore, these owners will not receive the additional 2 week grace period. If these lots are not abated by the May 15th deadline, the County will complete a work order to have the lot abat ed by their contractor. The County will then assess an abatement administrative fee, in addition to the cost of the abatement. The abatement administrative fee and cost of abatement will be in addition to the inspection fee and the failed inspection fee. At the conclusion of the abatement period, a public hearing (tax lien hearing) will be held on August 3, 2020 to add the fees as a tax assessment for the following year’s property taxes. Prior to the City Council tax lien assessment hearing, property owne rs with an assessment will be notified of the pending action. They can request an administrative meeting/review with the County’s Program Manager and the City’s Fire Marshal, should they disagree with the assessment. The administrative meeting/review can be held in person, by phone, or email. The purpose is to eliminate assessments that were incorrectly made through an error or incorrectly applied to the wrong property owner. A listing of the properties and owners that have been noticed is attached and on file with the City Clerk. It is also posted at the City’s Fire Stations. Lots in which weeds and/or 8.B Packet Pg. 155 rubbish have been abated by the May 15th deadline, and are maintained in an abated condition through the fire season, will only be assessed the $101 inspection fee. ANNUAL PROCESS AND NEXT STEPS Following the adoption of the Weed Declaration Resolution by the City Council, this year’s weed abatement notices went out to property owners the week of February 20, 2020. This year’s commencement listing consists of 146 properties, identified by assessor parcel number (APN). As part of the inspection process, which will occur shortly after May 15, 2020, the County will maintain current photos and documentation of their inspections. Property owners who missed the deadline will receive subsequent notices and associated fees. Lots that need immediate abatement (e.g. those located in Wildland Urban Interface Hazardous Fire Areas ) will be abated by the County. A comprehensive report of abated lots and associated fees will be presented to the City Council at the tax lien assessment hearing on August 3, 2020. The agreement with the County requires properties that have failed inspections within the past three years to remain on the commencement list. A property with no violations within a consecutive three-year period will be removed from the commencement list. However, the County does provide for some lots to be removed from the commencement list if the property has been completely redeveloped and there is no unmanaged weed hazard. The commencement list fluctuates from year to year. The commencement list changed from 174 lots for 2019 to 146 lots for 2020 due to increased compliance with the required minimum fire safety standards from the property owners. Any owner that objects to their property being on the commencement list can object as part of this public hearing. Such lots can be removed from the commencement list if there is adequate reason (i.e. the lot has been redeveloped and there is no weed risk). Any objections will be evaluated for conformance to the agreement and an adjustment will be made if appropriate. Otherwise the commencement list should be approved by the City Council so the program can proceed. Owners with concerns that cannot meet the deadline due to site conditions can contact the County and/or City Fire Marshal’s office. The County also provides an online application (or “app”) for the public to notify them of weed complaints. Lots that are reported or identified out of compliance with weed and refuse requirements that are not on the commencement list will also be sent a notice to comply. Administrative citations can be issued by the Fire Marshal’s office, and lots can be added to the abatement program for the following year. If an unlisted lot has 8.B Packet Pg. 156 unmitigated weeds and refuse, that lot can be scheduled for a separate public hearing to allow the County to abate the lot this year and assess fees for cost recovery. FISCAL IMPACT/FUNDING SOURCE As long as the County recovers its expenses for the progra m using the fees assessed, the County bears the entire cost of the program. If there is a shortfall in cost recovery, the City would be requested to provide its proportionate share of the shortfall . ALTERNATIVES The Council could choose not to approve the resolution to establish the commencement list. The burden of both managing this program and abating the properties would revert back to the City of Gilroy, requiring additional resources to be needed and no funding available. THIS ACTION IS NOT RECOMMENDED. PUBLIC OUTREACH This past February 20, 2020, the County of Santa Clara mailed abatement notices and instructions to property owners identified on commencement list. Attachments: 1. 2020 Gilroy Commencement report 2. Resolution 2020-XX 8.B Packet Pg. 157 2O2O WEED ABATETI'IENT PROGRAMCOMMENCEMENT REPORTCITY OF GILROYSitusHECKER PASSHECKER PASSWINTERWINTERCALLE DELGUAYMASHOLLYHOCKSUNFLOWERPHEASANTFOXGLOVEV/ILD IRISWILD IRISLAVENDERPEREGRINEHOYAHOYABANYANGUNNERACAROBCAROBCAROBTEATREETEATREEAPN783-01 -033783-02-026783-03-073783-03-077783-34-121783-37-01 5783-45-044783-47-003783-50-050783-52-019783-52-029783-52-031783-52-035783-55-01 I783-64-021783-64-022783-65-022783-65-024783-72-011783-72-016783-72-018783-72-023783-72-024CITY/STATEGILROYGILROYGILROYGILROYCARLSBADGARDENDALECUPERTINOSARATOGAGILROYGILROYCUPERTINOGILROYSANTACLARAGILROYSAN JOSEGILBERTGILROYHOUSTONGILROYCAMPBELLMERCEDMORGAN HILLGILROY95020-88369s020-883795020-7931950208822135071-4tts950149s07095020-8203950209501495020-0000950519s0209s123-2t4t8529795020-00007708495020-000095008-23339534095037-000095020-0000l 70517358340835 I9298907500l 3838772877587551950l38l2311233123549l2l1881l 830l8l0904590s0HYHYCTCTSTCTLNCLDRCTDRDRWYDRLNLNSTLNCTCTCTV/YWYGO}/4EZ, RAMIRO AND MARISELARLUTHERAN CHURCH OF THE GOODMARQUES,ALBERTSLTNSET HILLS DEVELOPMENT LLCHERNANDEZ, ESMERALDA ETALBASS, CLARENCE AAND KIMBERLY AENTERPRISE REI 8 LLCENTERPRISE REI 8 LLCARDANUY, PAUL AND JACQUELYN MSAULAN, KIMCHAU THI TRUSTEEKOLLAREDDY, SRIDHARZARGARIAN, HELGAVERMA, ASHISH TRUSTEE & ETALSANTO EDWIN ICHIRO TRUSTEEREYES, OSCAR JAND SHIRLEYANN GHARALAMBIDIS, CATHRYNE ET ALKARßALEINEMATMOEINI,VU, FRANK H TRUSTEEHY SANG ANDYEH, V/EN CHUANARAKELIAN,ELIZAOP DEVELOPMENT INCCHAKAMIAN, SHARAREH H ANDPAWLICKI,AGNIESZKAI7O5 HECKER PASS HY1735 HECKER PASS HY2O2O ROCKROSE CT575 SOUTHSIDE DR STE C0 P.o. Box 46343OO SPRINGBROOK LNIO44O DEANZABL STE D5A24168 BIG BASIN WY1383 PHEASANT DR4125 HECKERPASS RD7948MCCLELLAN RD APT I8755 WILD IRIS DR970 WOOD DUCKAV1381 PEREGRINE DR85 HAYESAV2991 PORTOLAVALLEYDRE2I2I CRUDENBAYWYI45O FRY RDI841 CAROB CT760 CAMPBELLAV EAPT IOI45 RIGGSAVI94O PEARDR9O5O TEATREE WYCACACACANMALCACACACACACACACACAAZCATXCACACACACA23 records of 146Santa Clara County Weed Abatement ProgramPage I8.B.aPacket Pg. 158Attachment: 2020 Gilroy Commencement report (2697 : Weeds and refuse abatement) 2O2O WEED ABATEÍUIENT PROGRAMCOMMENCEMENT REPORTCITY OF GILROYSitus APN979 STORYRD#7024T94SMCCLELLANRDAPT 138 PARK FLETCHER PL2250 CEDARSIDE CT2165 HOLLYHOCK CT1940 KILLARNEY CTI5858 RICAVISTAWY407 UNIVERSITYAVI9O FENNEL CT222MARGARITAAV1940 PEARDR1225 VIENNADR#2512224 BANYAN CT1784 LENNOX WY3087 OAKBRIDGE DR2253 BANYAN CT8937 HIDDEN CANYON RD901 CALLE SERRA39224 GUARDINO DR 21675 FARRELLAV1952 EISENHOWER DR3295 KLOETZEL LN946 STANLEYAVCITY/STATESAN JOSECUPERTINOSAN JOSESAN 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TUNGZHANG, HONGXIN AND TANG, WEILUEDTKE, GREGORY AND YOLINGGIKRUPA, STANISLAW TRUSTEE & ETDHALIWAL, JASDEEP S ETALLEAL, PALMINA ANDAMADORKUANG, WEIWEINGUYEN, THUAN AND LE, HUONGMARGARETICH, BOZO AND VANJACACACACACACACACACACACACACACACACACACACACACACACA951229501495136-240395 I I 6-00009s020-00009s020-305495127-000095032-441195037-000094306-282295037-00009408995020939069s12195020-000093907917739453895020-761695054-162195 148-000094024-s06746 records ol 146Santa Clara County lVeed Abatement ProgramPage 28.B.aPacket Pg. 159Attachment: 2020 Gilroy Commencement report (2697 : Weeds and refuse abatement) 2O2O WEED ABATEMENT PROGRAMCOMMENCEMENT REPORTCITY OF GILROYAPN9145 JARDIN WAY1437 LEIMERT BL #C750 MENLO AV STE 25043I WELBURNAVPO BOX 15571648 Mutberrv Ln1071 WHILLCTII FIRST STISOO TAPO CANYON RDISOO TAPO CANYON RDISOO TAPO CANYON RDISOO TAPO CANYON RDISOO TAPO CANYON RD1648 MULBERRY LNI5I9I KARLAV409 WASHINGTON ST 2OI12005 TURLOCKAV860 MAPLEAV335I M STREET #1OO8IO SAN PEDRO ST STE 2OO0 3050 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TRUSTDEUTSCHE BANK NATIONAL TRUSTDEUTSCHE BANK NATIONAL TRUSTHOWSON INDUSTRIESMONTANO, AL TRUSTEE & ETALFRI SONE FAMILY PARTNERSHIPYOUMANS, KRAIG AND FORTINO,GORAYA, MANU KCENTRAL VALLEY COALITIONPACIFIC BAY CAPITAL GROUP LLC771I MONTEREYRD LLC77II MONTEREYRDLLCBECERRA, CLEMENTE PINEDA ANDCACACACACACaCACACACACACACACACACACACACACACACACA95020946029402595020-432595021-tss79st2s-494295014-506395020930639306393063930639306395125-494295030-222993940-305495046-943295046-9s38953489stt395 13895 1389s020-5r2569 records oÍ 146Santa Clara County Weed Abatement ProgramPage 38.B.aPacket Pg. 160Attachment: 2020 Gilroy Commencement report (2697 : Weeds and refuse abatement) 2O2O WEED ABATETIIENT PROGRAMCOMMENCEMENT REPORTCITY OF GILROYSitus76010720101957421756006700800000000APNMONTEREYEIGLEBERRYEIGLEBERRYEIGLEBERRY9THHANNAMILLERRD 799-04-008sr 799-09-028sr 799-09-038sT 799-10-042sT 799-10-057sr 799-18-031AV 799-24-024799-24-025sr 799-33-001sr 799-34-036DR 799-44-093wY 799-44-094wY 799-44-095wY 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INCELITE DEVELOPMENTS INCELITE DEVELOPMENTS INCELITE DEVELOPMENTS INCELITE DEVELOPMENTS INCELITE DEVELOPMENTS INCELITE DEVELOPMENTS INCEAGLE GARDEN LLCPIROZZOLI, MONICA TRUSTEE & ETFIRSTASSEMBLYOF GOD OF GILROYMCDERMOTI MICHAEL ETALMORzuSSEY CHARLES PCACACACACACACACACACACACACACACACACACACACACACACA95 138-00009s037-s90495020-942795127-431r9s04695020-s723950209502095020-650894304950769s076950769507695076950769507695076950t495021950209s02195020-4778141000l0769892 records of 146Santa Clara County Weed Abatement ProgramPage 48.B.aPacket Pg. 161Attachment: 2020 Gilroy Commencement report (2697 : Weeds and refuse abatement) 2O2O WEED ABATEMENT PROGRAMCOMMENCEMENT REPORTCITY OF GILROY61512740075188605THOMASNO SITUSHECKER PASSMESANO SITUSFERNIEMURRAYMURRAYLASANIMASLASANIMASTOMKINSMADISONSANYSIDROLASANIMASSANYSIDROSANYSIDROLASANIMASLASANIMASLASANIMASCOHANSEY(MURRAY)SV/ANSTONNO SITUSAPNRD 808-39-066810-20-021RD 810-20-033RD Bl0-30-032810-66-0'12cT 810-67-041AV 835-01-003AV 835-0'1-059AV 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INCMARTIN,INEZ M TRUSTEEZEPEDA,ALFREDO ANDGILROY SELF STORAGEPARTNERSGRËEN, GEORGE EAND LYNDAMGREEN, GEORGE EAND LYNDAMGREEN, GEORGE EAND LYNDAMDO HUONG MINHAND TRAN HUELAS ANIMAS DEVEL CO LLCGLANDE& CARMELLA R TRUSTEEGERANICHOLAS TRUSTEE & ETALFA2OI7 LLCSWANSTON LANE LLCUNION PACIFIC CORPORATIONUTCACACACACACACACACACACACACACACACACACACACACACA841s0-3620926259500894301944039s020-000095030-2229950219s128-134395021-177295046-97109s020945269s0469s0469504695127-22059502195128-134395070-641r95113950379s7472r0037040290806009096909003151354100ll5 records oÍ 146Santa Clara County \ileed Abatement ProgramPage 58.B.aPacket Pg. 162Attachment: 2020 Gilroy Commencement report (2697 : Weeds and refuse abatement) 2O2O WEED ABATEMENT PROGRAMCOMMENCEMENT REPORTCITY OF GILROY81 5539531176101112227472749807tOt0s87069006503SWANSTON LNNO SITUSLEWIS STLEWIS STFOREST STLEWIS STMARTIN STCHESTNUT STCHESTNUT STSOUTH FYALEXANDER STSOUTH FYNO SITUSNO SITUSMONTEREY RDCAMERON BLCAMERON BLNO SITUSNO SITUSNO SITUSNO 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BLVDIOO3I FOOTHILLS BLVDIOO3I FOOTHILLS BLVD5OOO 2ND ST E G2IOALMENDRAAV2IOALMENDRAAVIOO OLIVER ST FLR ISTHIOO OLIVER ST FLR I8TH7960 BSOQUEL DRIVE #371635 CAMPBELL TECH PY IOO26T3MCLAUGHLINAV31958 GLORIARDCITY/STATESAN JOSEGILROYGILROYGILROYGILROYCOSTAMESALOS MOLINOSGILROYGILROYSAN JOSEROSEVILLEROSEVILLEROSEVILLEROSEVILLEBENECIALOS GATOSLOS GATOSBOSTONBOSTONAPTOSCAMPBELLSAN JOSEGONZALESCACACACACACACACACACACACACACACACACAMAMACACACACA95126-170695020-000095020-90279s020-522095020-s2029262695055-959095020-580695020-5806951 l5-00059574795747957479574795030-721195030-72112tt02tt095003950089s12r-275293926-94010138 records of 146Santa Clara County Weed Abatement ProgramPage 68.B.aPacket Pg. 163Attachment: 2020 Gilroy Commencement report (2697 : Weeds and refuse abatement) 2O2O WEED ABATETI'IENT PROGRAMCOMMENCEMENT REPORTCITY OF GILROYSitusHOLLOWAYHOLLOV/AYCAMINOROSSILUCHESSATRAVELPARKOBATACAMERONAPN841-70-026841-70-037841-70-049841-72-001841 -73-005841-75-011841-79-006841 -84-009CITY/STATF],SAN JOSEGILROYMILPITASLOS GATOSWEST PALM BEACHLINCOLNSARATOGALOS GATOS95127-2433950209s03s-472395030-2933334069564895070-430495030-721185055569705885059803006601RDRDLNAVCLCTBLLOUGHRAN,ALEXANDERROCHA, JOE AAND VICTORIA MTEMPLE GILROY LLCFORTUNADEL TIEMPO LLCLONESTAR CALIFORNIA INCHOANG, VINCEAN TRISEALAKE CORPORATIONMCCARTHY GILROY LLC237 LAUMERAV575 SOUTHSIDE DR527 SIMAS DR19910 SUNSET DRI5OI BELVEDERE RD5240 MONTEVERDE LN2O3lOARGONAUT DR2IOALMENDRAAVCACACACAFLCACACA146 records ol 146Santa Clara County Weed Abatement ProgramPage 78.B.aPacket Pg. 164Attachment: 2020 Gilroy Commencement report (2697 : Weeds and refuse abatement) -1- RESOLUTION NO. 2020-03 RESOLUTION NO. 2020-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ORDERING THE FIRE CHIEF TO ABATE THE NUISANCE ARISING OUT OF WEEDS GROWING AND REFUSE ACCUMULATING UPON PROPERTY IN THE CITY OF GILROY, PURSUANT TO SECTION 12.51 OF THE GILROY CITY CODE WHEREAS, pursuant to Article III of Chapter 12 of the Gilroy City Code, on January 27, 2020, the City Council adopted Resolution No. 2020-03 declaring that weeds growing and refuse accumulating in the City of Gilroy constitute public nuisances; and WHEREAS, the Chief of the Fire Department of the City of Gilroy has caused notice of the adoption of Resolution No. 2020-03 and notice of a public hearing on the proposed order to abate said nuisances to be given to all of the affected property owners at their stated mailing addresses on the latest tax assessor’s role, and has also caused notice to be given by posting and publication in the manner and form provided in Sections 12.48, 12.49 and 12.53 of the Gilroy City Code; and WHEREAS, said public hearing was duly held on April 6, 2020, pursuant to said resolution in the time and manner required by law, and any objections raised to the proposed destruction or removal of said weeds and refuse were duly considered by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL AS FOLLOWS: 1. That the Chief of the Fire Department is hereby authorized to abate the nuisances on the properties described in Attachment “A” hereto, or cause the same to be abated, by having refuse removed and weeds destroyed and/or removed by cutting, discing, chemical spraying or any other method as may be determined by the Chief of the Fire Department or his authorized Contractor. Such abatement shall be performed before May 15, 2020. 8.B.b Packet Pg. 165 Attachment: Resolution 2020-XX (2697 : Weeds and refuse abatement) -2- RESOLUTION NO. 2020-03 2. That any property owner shall have the right to destroy and/or remove weeds growing and refuse accumulating on his property or have the same destroyed or removed at his expense prior to the arrival of the Chief of the Fire Department or his authorized representatives or contractors to remove them. Any property found with weeds after May 15, 2020 shall be subject to the costs of further inspection and /or abatement by the City or the County and its authorized contractor. Sites found after such date that constitute a fire hazard shall also be subject to administrative citation. 3. That the Chief of the Fire Department or his authorized contractors shall keep an account of the costs of destroying and/or removing said weeds and refuse and embody such account in a report and assessment list to be presented to the City Council and filed with the City Clerk. Such report shall refer to and sufficiently describe each separate lot or parcel of land and, for each, shall state the costs of destroying or removing weeds, removing refuse, or both, and the costs which are proposed to be assessed against the lot or parcel. APPROVED: _______________________________ Roland Velasco, Mayor ATTEST: _______________________________ Shawna Freels, City Clerk 8.B.b Packet Pg. 166 Attachment: Resolution 2020-XX (2697 : Weeds and refuse abatement) City of Gilroy STAFF REPORT Agenda Item Title: Approval of the Issuance of Multifamily Housing Revenue Bonds by the California Public Finance Authority for a Housing Project Located at 1st Street and Kern Avenue (APN 790-21-041) and Authorization to Enter into a Joint Exercise of Powers Agreement Related to the California Public Finance Authority Meeting Date: May 4, 2020 From: Jimmy Forbis, Interim City Administrator Department: Community Development Department Submitted By: Karen Garner Prepared By: Karen Garner Kraig Tambornini Strategic Plan Goals ☐ Fiscal Stability ☐ Downtown Revitalization Economic Development ☐ Neighborhood Services ☐ Enhanced Public Safety ☐ Workforce Stability ☐ Public Engagement RECOMMENDATION a) Adopt a Resolution of the City Council of the City of Gilroy approving the issuance by the California Public Finance Authority of multifamily housing revenue bonds in an aggregate principal amount not to exceed $40,000,000 for the purpose of financing or refinancing the acquisition and construction of 1st and Kern Apartments and certain other matters relating thereto. b) Adopt a Resolution of the City Council of the City of Gilroy approving, authorizing and directing execution of a joint exercise of powers agreement relating to the California Public Finance Authority. 8.C Packet Pg. 167 EXECUTIVE SUMMARY JEMCOR Development Partners, LLC, an affordable housing developer, has requested that the California Public Finance Authority (”CalPFA) serve as the issuer of tax-exempt revenue bonds in an aggregate principal amount not to exceed $40,000,000. The proceeds of the bonds will be used for the acquisition, construction, imp rovement, and equipping of a 120-unit affordable multifamily rental housing facility to be owned and operated by the borrower and located at the intersection of First Street and Kern Avenue, in the City of Gilroy, California, Assessor’s Parcel Number (APN) 790-21-041, and generally known as the 1 st and Kern Apartments Project. POLICY DISCUSSION In order for all or a portion of the bonds for this project to qualify as tax -exempt financing, the City of Gilroy must conduct a public hearing. Specifically, a Tax Equity and Fiscal Responsibility Act of 1982 (or “TEFRA”) Hearing, providing community members an opportunity to speak in favor of or against the use of tax-exempt bonds for the financing of this project. Prior to such TEFRA Hearing, reasonable notice must be provided to the members of the community. Following the close of the TEFRA Hearing, an “applicable elected representative” of the governmental unit hosting the project must provide its approval of the issuance of the bonds for the financing of the 1st and Kern Apartments project. The policy question being asked is: “Should the City approve or deny the issua nce of CalPFA bonds associated with the 1st and Kern Apartments project?” BACKGROUND The City Council has been requested to conduct a public hearing pursuant to the federal guidelines of TEFRA. TEFRA requires that a public hearing be held by the governing body of the jurisdiction in which a project to be financed with tax -exempt financing is located, and that the governing body approve the proposed financing. JEMCOR Development Partners, LLC is an affordable housing developer that proposes to obtain tax exempt financing in an amount not to exceed $40,000,000 to finance the acquisition, construction, improvement and equipping of a 120-unit affordable multifamily rental housing facility located at First Street and Kern Avenue, in the City of Gilroy, California. The California Public Finance Authority (CalPFA) is a joint powers authority formed to assist local governments, non-profit organizations, and businesses with the issuance of both taxable and tax-exempt debt, and would be the issuing agency for the propo sed bonds under this approval. In order for the CalPFA to have the authority to serve as the issuer of the bonds for the Project, it is necessary for the City of Gilroy to become a member of the CalPFA. 8.C Packet Pg. 168 Attached to this report is a copy of the Joint Exerc ise of Powers Agreement to be executed by a designated signatory of the City. The Joint Exercise of Powers Agreement provides that the CalPFA is a public entity, separate and apart from each member executing such agreement. The debts, liabilities and obligations of the CalPFA do not constitute debts, liabilities or obligations of the members executing such agreement. The Bonds to be issued by the CalPFA for the Project will be the sole responsibility of the Borrower, and the City will have no financial, legal, moral obligation, liability or responsibility for the Project or the repayment of the Bonds for the financing of the Project. All financing documents with respect to the issuance of the Bonds will contain clear disclaimers that the Bonds are not obligations of the City or the State of California but are to be paid for solely from funds provided by the Borrower. CALIFORNIA PUBLIC FINANCE AUTHORITY: The CalPFA is a political subdivision of the State of California established under the Joint Exercise of Powers Act for the purpose of issuing tax-exempt and taxable conduit bonds for public and private entities throughout California. CalPFA was created on May 12, 2015 to assist local governments, non-profit organizations and businesses with the issuance of taxable and tax-exempt financing to promote economic, cultural, and community development opportunities that create temporary and permanent jobs, affordable housing, community infrastructure and improve the overall quality of life in local communities. To date, 45 municipalities have become members of CalPFA. The CalPFA is authorized to issue bonds to promote economic development and public benefit. It has issued over $1.4 billion of bonds for more than 40 jurisdictions within the State of California. To initiate such financing, the City must conduct a public hearing, adopt the CalPFA Joint Powers Agreement, and approve the CalPFA's issuance of indebtedness. There are no costs associated with membership in the CalPFA and the City will in no way become exposed to any financial liability by reason of its membership in the CalPFA. In addition, participation by the City in the CalPFA will not impact the City’s appropriations limits and will not constitute any type of indebtedness by the City. Outside of holding the TEFRA hearing, adopting the required resolution and executing the Joint Exercise of Powers Agreement of the CalPFA, no other participation or activity of the City or the City Council with respect to the issuance of the Bonds will be required. The City of Gilroy is a member of several other JPAs for the purpose of previous TEFRA hearings for other similar projects. ANALYSIS Approval of the issuance of bonds associated with this project demonstrates the City is trying to support the creation and maintenance of affordable housing within the City by 8.C Packet Pg. 169 meeting the policies and implementation programs listed below from the City’s 2015- 2023 Housing Element: Goal H-1: Housing Production Policy H-1.1 The City shall strive to ensure adequate land is available a t a range of densities to meet Gilroy’s existing and projected housing needs. Policy H-1.2 The City shall encourage the provision of a variety of housing options for Gilroy residents. Policy H-1.3 The City shall encourage a mix of housing in new development areas to avoid the overconcentration of specific housing types in some areas of the city. Policy H-1.6 The City shall continue to implement the Downtown Specific Plan and encourage and coordinate activities with the Downtown Business Association and Economic Development Corporation to encourage mixed-use development. Action H-1.C. Variety of Housing in Neighborhood Districts Action H-1.D. Facilitate Infill Development Goal H-2: Affordable Housing Policy H-2.1 The City shall encourage the provisio n of new affordable housing. Policy H-2.4 The City shall encourage partnerships between non-profit and for- profit housing developers to encourage affordable housing production. ALTERNATIVES The City Council can choose not to approve the resolutions authorizing execution of a joint powers agreement and the issuance of the Bonds by the CalPFA for the benefit of 1st and Kern Apartments, LP (the “Borrower”) or a partnership with JEMCOR Development Partners, LLC (the "Developer") as the general partner. Staff does not recommend this action. FISCAL IMPACT/FUNDING SOURCE The bonds to be issued by the CalPFA for the project will be the sole responsibility of the borrower, and the City will have no financial, legal, moral obligation, liability or other responsibility for the project or the repayment of the bonds for the financing of the project. All financing documents with respect to the issuance of the bonds will contain clear disclaimers that the bonds are not obligations of the City or the State of California but are to be paid for solely from funds provided by the borrower. CONCLUSION 8.C Packet Pg. 170 In light of the foregoing, and in order to support affordable housing, staff recommends that the City conduct the TEFRA Hearing and adopt the resolution in favor of the issuance of the bonds by the CalPFA for the 1st and Kern Apartments project. PUBLIC OUTREACH A Notice of Public Hearing of the Gilroy City Council to consider the approval of the issuance of multifamily revenue bonds by the California Public Finance Authority was published on April 17, 2020. Attachments: 1. TEFRA Resolution - 1st and Kern 2. Resolution JPA CPFA 3. JPA Agreement with Additional Member 8.C Packet Pg. 171 RESOLUTION NO. 2020-XX RESOLUTION NO. 2020-XX RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING THE ISSUANCE BY THE CALIFORNIA PUBLIC FINANCE AUTHORITY OF MULTIFAMILY HOUSING REVENUE BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $40,000,000 FOR THE PURPOSE OF FINANCING OR REFINANCING THE ACQUISITION AND CONSTRUCTION OF 1ST AND KERN APARTMENTS AND CERTAIN OTHER MATTERS RELATING THERETO WHEREAS, 1st and Kern Apartments, LP or a partnership of which JEMCOR Development Partners, LLC (the “Developer”) or a related person to the Developer is the general partner, has requested that the California Public Finance Authority (the “Authority”) adopt a plan of financing providing for the issuance of exempt facility bonds for a qualified residential rental project pursuant to Section 142(a)(7) of the Internal Revenue Code of 1986 (the “Code”) in one or more series issued from time to time, including bonds issued to refund such exempt facility bonds in one or more series from time to time, and at no time to exceed $40,000,000 in outstanding aggregate principal amount (the “Bonds”), to finance or refinance the acquisition, construction, improvement and equipping of a multifamily rental housing project located at 1st Street and Kern Avenue (APN 790-21-041), Gilroy, California (the “Project”); and WHEREAS, the Project is located within the City of Gilroy (the "City"); and WHEREAS, the City proposes to become an Additional Member of the Authority pursuant to Section 12 of the Joint Exercise of Powers Agreement (the "Agreement") relating to the California Public Finance Authority; and WHEREAS, pursuant to Section 147(f) of the Code, the issuance of the Bonds by the Authority must be approved by the City because the Project is located within the territorial limits of the City; and WHEREAS, the City Council of the City (the "City Council”) is the elected legislative body of the City and is the applicable elected representative under Section 147(f) of the Code; and WHEREAS, pursuant to Section 147(f) of the Code, the City Council has, following notice duly given, held a public hearing regarding the issuance of the Bonds, and now desires to approve the issuance of the Bonds by the Authority; and WHEREAS, the City Council understands that its actions in holding this public hearing and in approving this Resolution do not obligate the City in any manner for payment of the principal, interest, fees or any other costs associated with the issuance of the Bonds, and said City Council expressly conditions its approval of this Resolution on that understanding. 8.C.a Packet Pg. 172 Attachment: TEFRA Resolution - 1st and Kern (2756 : TEFRA Hearing 1st & Kern) NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Gilroy as follows: Section 1. The City hereby requests to become an Additional Member of the Authority pursuant to Section 12 of the Agreement. The Agreement is hereby approved and the Mayor of the City and all other proper officers and officials of the City, or a designee thereof, are hereby authorized and directed to execute the Agreement. The City Council hereby approves the issuance of the Bonds by the Authority for the purposes of financing the Project. It is the purpose and intent of the City Council that this Resolution constitute approval of the issuance of the Bonds by the Authority for the purpose of Section 147(f) of the Code by the applicable elected representative of the governmental unit having jurisdiction over the area in which the Project is located. Section 2. The officers of the City Council are hereby authorized and directed, jointly and severally, to do any and all things and execute and deliver any and all documents, certificates and other instruments which they deem necessary or advisable in order to carry out, give effect to and comply with the terms and intent of this Resolution and the financing transaction approved hereby. Any actions heretofore taken by such officers are hereby ratified and approved. Section 3. The City Council expressly conditions its approval of this Resolution on its understanding that the City shall have no obligation whatsoever to pay any principal, interest, fees or any other costs associated with the Authority's issuance of the Loan for the financing of the Project. Section 4. This Resolution shall take effect from and after its passage and approval. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Gilroy held on this 4th day of May, 2020, by the following vote: AYES: NOES: ABSENT: APPROVED: Roland Velasco, Mayor ATTEST: Shawna Freels, City Clerk 8.C.a Packet Pg. 173 Attachment: TEFRA Resolution - 1st and Kern (2756 : TEFRA Hearing 1st & Kern) RESOLUTION NO. 2020-XX RESOLUTION NO. 2020-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING, AUTHORIZING AND DIRECTING THE EXECUTION OF A JOINT EXERCISE OF POWERS AGREEMENT RELATING TO THE CALIFORNIA PUBLIC FINANCE AUTHORITY WHEREAS, the City of Gilroy, California (the “City”), has expressed an interest in participating in the economic development financing programs (the “Programs”) in conjunction with the parties to that certain Joint Exercise of Powers Agreement Relating to the California Public Finance Authority, dated as of May 12, 2015 (the “Agreement”); and WHEREAS, there is now before this City Council the form of the Agreement; and WHEREAS, the City proposes to participate in the Programs and desires that certain projects to be located within the City be financed pursuant to the Programs and it is in the public interest and for the public benefit that the City do so; and WHEREAS, the Agreement has been filed with the City Clerk and the members of the City Council and its staff have reviewed said document. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GILROY AS FOLLOWS: Section 1. The Agreement is hereby approved and the Mayor of the City is hereby authorized and directed to execute said document, with such changes, insertions and omissions as may be approved by said City Council, and the City Clerk is hereby authorized and directed to affix the City’s seal to said document and to attest thereto. Section 2. The Mayor of the City, the City Clerk and all other proper officers and officials of the City are hereby authorized and directed to execute such other agreements, documents and certificates, and to perform such other acts and deeds, as may be necessary or convenient to effect the purposes of this Resolution and the transactions herein authorized. Section 3. This resolution shall take effect immediately upon its passage. ADOPTED at a regular meeting of the City Council of the City of Gilroy held on this 4th day of May, 2020, by the following vote: AYES: COUNCILMEMBERS: 8.C.b Packet Pg. 174 Attachment: Resolution JPA CPFA (2756 : TEFRA Hearing 1st & Kern) 2 RESOLUTION NO. 2020-XX NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: APPROVED: Roland Velasco, Mayor ATTEST: Shawna Freels, City Clerk 8.C.b Packet Pg. 175 Attachment: Resolution JPA CPFA (2756 : TEFRA Hearing 1st & Kern) 8.C.cPacket Pg. 176Attachment: JPA Agreement with Additional Member (2756 : TEFRA Hearing 1st & Kern) 8.C.cPacket Pg. 177Attachment: JPA Agreement with Additional Member (2756 : TEFRA Hearing 1st & Kern) 8.C.cPacket Pg. 178Attachment: JPA Agreement with Additional Member (2756 : TEFRA Hearing 1st & Kern) 8.C.cPacket Pg. 179Attachment: JPA Agreement with Additional Member (2756 : TEFRA Hearing 1st & Kern) 8.C.cPacket Pg. 180Attachment: JPA Agreement with Additional Member (2756 : TEFRA Hearing 1st & Kern) 8.C.cPacket Pg. 181Attachment: JPA Agreement with Additional Member (2756 : TEFRA Hearing 1st & Kern) 8.C.cPacket Pg. 182Attachment: JPA Agreement with Additional Member (2756 : TEFRA Hearing 1st & Kern) 8.C.cPacket Pg. 183Attachment: JPA Agreement with Additional Member (2756 : TEFRA Hearing 1st & Kern) 8.C.cPacket Pg. 184Attachment: JPA Agreement with Additional Member (2756 : TEFRA Hearing 1st & Kern) 8.C.cPacket Pg. 185Attachment: JPA Agreement with Additional Member (2756 : TEFRA Hearing 1st & Kern) 8.C.cPacket Pg. 186Attachment: JPA Agreement with Additional Member (2756 : TEFRA Hearing 1st & Kern) [Signature Page to Joint Exercise of Powers Agreement Relating to the California Public Finance Authority] IN WITNESS WHEREOF, the Additional Members hereto have caused this Agreement to be executed and attested by their proper officers thereunto duly authorized. Dated: ________________ Additional Member Name: By: Its: ATTEST: ___________________________________ By: Its: 8.C.c Packet Pg. 187 Attachment: JPA Agreement with Additional Member (2756 : TEFRA Hearing 1st & Kern) City of Gilroy STAFF REPORT Agenda Item Title: Implementation of a Small Unmanned Aerial System Program in Public Safety Meeting Date: May 4, 2020 From: Jimmy Forbis, Interim City Administrator Department: Police Department Submitted By: Scot Smithee Prepared By: Scot Smithee Pedro Espinoza Strategic Plan Goals ☐ Fiscal Stability ☐ Downtown Revitalization ☐ Economic Development ☐ Neighborhood Services Enhanced Public Safety ☐ Workforce Stability ☐ Public Engagement RECOMMENDATION Authorize staff to proceed with the implementation of a small unmanned aerial system program in public safety. BACKGROUND The use of small-unmanned aerial systems (sUAS) has become increasingly useful for public safety agencies as a force multiplier to aid in the mitigation of crime, search and rescue, and crime scene assessment and reconstruction. One key benefit of sUAS is the availability of the unit for immediate deployment to assist police officers, Fire Department personnel, and/or other disaster service crews. At the August 5, 2019 City Council meeting, staff was directed to proceed with 9.A Packet Pg. 188 development of a comprehensive sUAS program to include: · Operational policies and guidelines · Community engagement outreach · Comprehensive training program · Data retention · Confirmation of Police Foundation donation This report will provide an update of the progress and request authorization to implement a sUAS program. ANALYSIS The sUAS program aims to explore alternative service delivery methods by acting as a force multiplier and support local and regional partnerships for mutual aid. As more agencies implement sUAS programs, staff can build upon best practices and lessons learned from other agencies ’ real world deployments and exercises. Within a 20-mile radius of Gilroy, the following agencies have or are in the process of implementing sUAS programs: Monterey County Sheriff’s Office, Santa Cruz Sheriff’s Office, Marina Department of Public Safety, and Morgan Hill PD. Hollister PD works with Monterey County SO for its tactical needs including sUAS support. Agencies with sUAS programs within Santa Clara County include Santa Clara PD, Mountain View PD, Campbell PD, Sunnyvale PD and San Jose PD. The intent of the sUAS program is to enhance the Police Department’s response to emergency calls for service. Standard operating procedures and mutual aid agreement protocols include outlining sUAS use in the field. Pre-flight checklists, deployment reports and FAA required reporting will be kept. We would use the sUAS in the capacity of public safety missions, training operations, mass gatherings survey, unified emergency management with our Fire Department, documentation missions, including accident investigations and hostage situations. The sUAS will not be used for random surveillance activities. In partnership with our policy developer and legal consultant, we have developed a best practice policy. We currently have a deployment policy that delineates the flight missions (response to emergency or request for public safety assistance), and what are not (routine surveillance or routine patrol flights). The aircraft will not fly in areas where an officer has no legal standing or right to be. We have shared this policy with the local chapter of the ACLU. Video footage captured by the unit(s) will be retained pursuant to the current digital evidence retention guidelines and schedule which addresses evidence-retention issues for video, photos and other sensory information. Staff has addressed privacy concerns by implementing an outreach strategy that details the types of situations when the sUAS would be used. Transparency has been key to 9.A Packet Pg. 189 assuage the public’s privacy concerns. Implementation of an oversight policy will be adopted prior to use of the sUAS. A draft policy is provided to this report as an attachment. To address privacy concerns and increase public support, several outreach engagements have taken place. An email address was established in November 2019 where community members can directly engage with the sUAS program team. A frequently asked question and answer section about sUAS programs has been made available on our department’s website. On December 12, 2019 the Police Department held a community meeting to discuss the proposed sUAS program. The Fremont Police Department, who has a robust sUAS program in place, was on hand to demonstrate a sUAS. A short informational service announcement; along with the PowerPoint presentation, was also made available on our digital media platforms. The Gilroy Police Foundation has offered to purchase a sUAS unit as a donation to the Gilroy Police Department. Models being considered range in price from $10,000 - $20,000 each and feature a standalone unit with a robust camera featuring 4K ultra HD thermal imagery and vision enhancement technology. This camera option includes the ability to provide still, burst, interval photography and video capabilities. The operational range of the sUAS is up to 4.35 miles with the ability to fly up to thirty - eight minutes in a wide range of weather conditions including high winds and inclement temperatures. Of particular importance is FLIR (forward-looking infrared) capabilities. This allows for the camera to pick up heat sources, not visible to the naked eye, durin g low light, or night hours. The sUAS offers real-time situational awareness allowing the asset to be “eyes” first on scene during critical incidents providing immediate and continuous live video feedback to ground personnel. The training required to maintain our program would be included in already scheduled SWAT training sessions. Using a sUAS for searches involving suspects, missing persons, or large areas will likely save overtime expenditures as those functions can require multiple people being call ed in on overtime to safely complete those searches. A sUAS is a valuable safety tool that will provide an alternative to unnecessarily exposing officers to physical dangers while minimizing dangers to the public . The sUAS is an asset for both police officers and other City departments for use during emergencies, developing situations or large area surveys/searches. It allows specially trained officers to view dangerous situations from a safe distance, covering large areas in short periods of time, and providing an overview of critical incidents. This program provides aerial support critical to rapidly evolving and volatile incidents. ALTERNATIVES Reject approval of the sUAS program. If rejected, no purchase will be made and no policy implementation will take place. The sUAS program will not be implemented. 9.A Packet Pg. 190 Staff Does Not Recommend. FISCAL IMPACT/FUNDING SOURCE The sUAS system will be purchased by the Gilroy Police Foundation. Training will be incorporated into the Police Department SWAT Team traini ng schedule. There will be some overtime expended for one member of the sUAS team who is not a SWAT team member. Overtime costs associated with the program will likely be partially off-set by large area searches that can be accomplished with an sUAS rather than by calling in staff on overtime. Attachments: 1. City of Gilroy UAS Policy 9.A Packet Pg. 191 Policy 354 Gilroy Police Department Gilroy PD Policy Manual Copyright Lexipol, LLC 2018/09/05, All Rights Reserved. Published with permission by Gilroy Police Department Unmanned Aerial System (UAS) Operations - 1 Unmanned Aerial System (UAS) Operations 354.1 PURPOSE AND SCOPE The purpose of this policy is to establish guidelines and protocols for the deployment and use of an Umanned Aerial Systems (UAS). 354.2 POLICY Unmanned aerial systems may be utilized to enhance the department's mission of protecting lives and property. Any use of a UAS will be in strict accordance with constitutional and privacy rights. 354.3 DEFINITIONS Definitions of this policy include: Operator - A member of the Gilroy Police Department who is trained and authorized to control a UAS during flight. Unmanned Aerial System (UAS) - Consists of the small, unmanned aircraft weighing less than 55 lbs., the command system, a secure control link, and other safety and support systems for operation of the UAS. Unmanned Aerial Vehicle (UAV) - A small, unmanned aircraft weighing less than 55 lbs. 354.4 PRIVACY The use of the UAS potentially involves privacy considerations. Personnel will consider the protection of individual civil rights and the reasonable expectation of privacy as a key component of any decision made to deploy the UAS. Operators will take reasonable precautions to avoid inadvertently recording or transmitting images that infringe upon an individual’s right to privacy. 354.5 USE OF UAS The Chief of Police or Division Commander may authorize the deployment of the UAS under certain circumstances. These include, but are not limited to: (a) Public safety and life preservation missions including, barricaded suspects, hostage situations, active shooters, apprehension of armed and dangerous fleeing suspects, and high-risk search warrants; (b) Lost or missing persons; (c) Rescue events; (d) Disaster response and recovery; (e) Suspected explosive devices; (f) Fire/arson investigation; (g) Post-incident crime scene preservation and documentation; DRAFT 9.A.a Packet Pg. 192 Attachment: City of Gilroy UAS Policy (2665 : Police Department sUAS Program) Gilroy Police Department Gilroy PD Policy Manual Unmanned Aerial System (UAS) Operations Copyright Lexipol, LLC 2018/09/05, All Rights Reserved. Published with permission by Gilroy Police Department Unmanned Aerial System (UAS) Operations - 2 (h) Pursuant to a search warrant; (i) Departmental videos (recruitment, PR, etc.); (j) Anytime a UAS would enhance public safety, improve operational safety, incident stabilization or incident mitigation as determined by the authorizing person; (k) Anti-UAV operations when a person is operating a UAV in a manner which impedes emergency personnel who, in the course of their duties, are coping with an emergency (refer to Penal Code 402(a)1); and (l) In support of other law enforcement agencies or fire departments when the underlying mission meets the uses outlined in this policy. 354.6 PROHIBITED USE The UAS shall not be weaponized, nor shall it be used to: (a) Conduct random surveillance activities; (b) Target a person based solely on individual characteristics, such as race, ethnicity, national origin, religion, disability, gender, or sexual orientation; or (c) Conduct any business other than official Department business.DRAFT 9.A.a Packet Pg. 193 Attachment: City of Gilroy UAS Policy (2665 : Police Department sUAS Program) City of Gilroy STAFF REPORT Agenda Item Title: Current Economic Climate and Revenue Projection Updates Due to the COVID 19 Shelter-in-Place Order Meeting Date: May 4, 2020 From: Jimmy Forbis, Interim City Administrator Department: Finance Department Submitted By: Bryce Atkins Prepared By: Bryce Atkins Strategic Plan Goals Fiscal Stability ☐ Downtown Revitalization ☐ Economic Development ☐ Neighborhood Services ☐ Enhanced Public Safety ☐ Workforce Stability ☐ Public Engagement RECOMMENDATION Receive report and provide direction to staff. EXECUTIVE SUMMARY As the region, state and nation continue to shelter -in-place, relative to their respective health orders, the lack of economic activity is presenting financial hardships for private individuals and businesses. This same lack of economic activity impacts governments as well, including the City of Gilroy. The exact impacts at this time are unknown. However, projections have been developed to identify a range of impact possibilities that can be used to start developing possible options to limit the organizational damage of the economic loss from the 2019 Novel Coronavirus (“COVID-19”). This report seeks to show the likely potential impacts for Fiscal Year 2020 and 2021 (“FY20” and “FY21”, respectively) on the General Fund, and 10.A Packet Pg. 194 provide solutions for providing resources to accommodate declining revenue for essential services during the Shelter-in-Place (“SIP”) order. As has been reported in previous financial forecasts, the City’s 10-year General Fund forecast was increasingly strained due to increases in pension contributions and a result, a structural imbalance was expected in the next few years. The General Fund is being focused on primarily, as it is the major funding source that bears most of the cost for essential services. It is also the funding source that is most responsive to economic challenges. While other funds may have one or a few variables affecting their revenues, the General Fund is subject to many, and most of them are impacted by the nature of the COVID-19 SIP. In future updates to Council, these other funds will be reviewed as well. Given the level of impact and the provision of essential services, staff felt compelled to begin by focusing on the General Fund’s revenue impacts first. Staff is providing Council baseline financial information which will be important as the City navigates these challenges and develops a plan to maintain the City’s fiscal health. BACKGROUND In December 2019 and the first calendar quarter of 2020, the existence and rapid growth of COVID-19 triggered the placement of SIP orders. First to take effect in Gilroy was the Santa Clara County SIP order, followed closely by the California Governor’s SIP order. Due to the limitation on community activity, the amount of economic activity has been significantly reduced. As non-essential sales, travel, entertainment, business and community activity diminishes, so does the City’s revenues. The City’s main revenue sources are driven by economic activity. When the amount and/or value of these economic transactions decrease, so does the basis of revenue generation formulas that pay for essential services, including public health and safety services that the City provides. At an April 16 meeting of the California Senate Budget Subcommittee on COVID-19 Response, the Legislative Analyst’s Office confirmed that the State of California has officially been deemed to be in a recession, that it may last more than one budget year, and advised that the State should adopt a cautious budget in June. Unlike previous recessions, which occur with gradual declines over a year or two due to market corrections, this recession is unusual in that the economy was performing well, but was shut down by deliberate governmental decision for the protection of public health and safety. The City’s main operating fund, the General Fund, is the source of revenue that pays for police, fire, street maintenance, engineering, building, planning, parks and other services to residents and businesses within Gilroy. It is the City’s only discretionary fund – that is, the Council can allocate those resources in any legal manner it sees fit. 10.A Packet Pg. 195 General Fund revenues come directly or indirectly from economic activity in the community. Other funds of the City are also tied to economic activity in the community, region and state; however they are not relied upon to provide basic and essential services to the degree that the General Fund is . Those impacts will also be monitored and reported to Council in concert with the General Fund in future presentations. With reductions in revenue, decisions will need to be made over the next few months regarding how the City will adjust to the reduction in revenue. The City has establish ed, and Council has upheld, an Economic Stability Reserve (“ESR”). This reserve, approximately $5.75 million or 10% of annual expenditures, provides enough resources to allow time to consider options, develop plans, and then implement solutions. ANALYSIS As the City’s revenue is based and assessed against economic transactions in the community, there is a lag between when the activity occurs, and when the City receives the revenues tied to that activity. Depending upon the revenue source, this can range from two to four months. At the time of writing this staff report, the latest revenue received associated with the main revenue sources is a sales tax payment received in late April, which is an advance based on February’s sales transactions. Given the delay, the late May payment that will be received will show a partial month’s value of financial impact from March. The soonest that the City will have information regarding the transactions from April, the first full month of SIP, will not be until June. Additionally, although the June sales tax revenue will show the April impact, it will only provide a snapshot in time. The COVID-19 response is dynamic, changing with the various legislative and executive responses to reduce the impacts of the emergency event. As the federal, state an d City governments initiate orders and services to lessen the impact on the community from COVID-19, it will likely result in changes to financial projections. This staff report reflects the most current information available to staff. There are several unknowns surrounding the impacts of the COVID-19 SIP orders. These include: Duration of the impacts It is currently unknown how long the COVID-19 SIP order will last. There have been several differing perspectives regarding the length of the current SIP. T here is discussion regarding the potential of a partial or phased reopening, however no firm plans are currently established. Additionally, there is a concept among some health specialists that there may be a resurgence of COVID-19 in the fall. If that happens, depending upon severity, a full SIP order may be issued at that time, leaving the potential of further impacts in future months or years. Full severity of the impacts 10.A Packet Pg. 196 Because of the changing scope of the response to COVID-19, the severity of any funding shortfall cannot be truly known. While staff is presenting projections below, they are based on scenarios, and not concrete detail of the impacts, as they are not known at this time. They use available information, and information from previous recessions to assist in projecting this recession. However, these projections will be revisited and updated based on actual information that becomes available as the emergency response continues. Recovery rate Historically, recessions have taken two to three year s to reach their maximum reductions in revenue, and usually as long to twice as long to recover, based on the revenue streams. There is a chance, since the trigger of the current recession is not a market correction but a result of the government decision to SIP resulting in the closure of non-essential businesses, that the recovery may be quicker than typically experienced in a normal recession cycle. Unfortunately, there is no known indicator that can be used as a projection for how long the recovery will take. RECESSION GOAL: SOFT LANDING Staff’s recommendation will be to approach the recession and 10-year forecast adjustments with a “soft landing”. The goal is to use available resources (reserves and one-time monies) to allow time for the organization to make adjustments to its operations to match its new financial realities. In this case, the soft landing would grant time to make decisions regarding the best way to lower expenditures over a short -term perspective. This is contrasted with a “hard landing”, where immediate decisions to cut as deep and as fast as thought needed is done in the immediate time range. The challenge with a hard landing is the potential to make too many reductions, or to do so with minimal strategy, which may lead to rash decis ions that have unforeseen impacts on future operations, when the decision cannot be easily reversed. As the City has adequate reserve levels satisfying both the General Fund and Economic Uncertainty policies, City staff will propose to use those reserves to fund the City’s “soft landing.” Council wisely set these funds aside for these types of situations – we will now benefit from previous prudent financial planning. It should be noted, that the soft landing approach does not alleviate the need to make immediate decisions. It does, however buy the City time to gather more financial data and should our initial forecast projects not come to fruition, the reserves enable the City to continue to work to address its financial challenges. It eliminates the need for immediate, draconian cuts based on incomplete financial data. In reality, the soft landing approach is more suitable for the COVID-19 response, whereas the 10-year forecast adjustments do not have the benefit of relying on reserves – primarily because 10.A Packet Pg. 197 if immediate action is not taken to correct the 10-year forecast, there will be no reserves to rely on going forward. Staff’s goal is to propose financial adjustments in such a way that service delivery reductions to residents are prioritized, well-thought out, and when possible, minimalized. Current Revenue Projections - Loss Estimates The City has five major tax revenues that are subject to, either directly or indirectly, economic transactions. The estimates are based on assumptions and available information, which will be discussed in dividually. There are other significant revenue sources, most notably user fee revenues (community development and public works) that are also responsive to the economy, however, these fees are assessed to pass the cost of the service onto those who request the service. User fees are discussed after the five major funds, as their impacts are a bit different than the others. For purposes of this report, the Recreation Department (Fund 290) was excluded even though the department receives a General Fund transfer. With the SIP order, the Department has eliminated most programs and many of the associated costs. Discussions concerning the long-term transfer level from the General Fund to the Recreation Department will occur at a future Council meeting. Staff ran projections of three scenarios for each of the major revenue streams to see a range of possibilities for revenue reductions in the adopted FY20 and FY21 budgets . These three scenarios, were based on optimistic, likely, and pessimistic impact projections. However, after reviewing these scenarios, only the likely scenarios are provided in the analysis section. Below are the rates of reduction that were identified for each scenario, by each revenue source analyzed. FUNDING STREAM OPTIMISTIC SCENARIO LIKELY SCENARIO PESSIMISTIC SCENARIO SALES TAX -20% -30% -40% PROPERTY TAX1 N/A N/A N/A UTILITY USERS TAX -5% -10% -15% TRANSIENT OCCUPANCY TAX -50% -55% -60% 1 Property Tax impacts will not be realized until FY23, as described in the Property Tax section below. 10.A Packet Pg. 198 BUSINESS LICENSE -10% -20% -30% USER FEES -20% -30% -40% The basis for these rate changes are provided in the description of each revenue source. Staff’s recommendation is to consider the likely scenario amounts as just that, the likely amount of revenue based on current information. These scenario projections may change as more information becomes known in the coming months. FY20 revenue impacts are based on the revenue typically received within the timeframe of the SIP (March through June). All scenarios assume the SIP order will be lifted by July 1, 2020. If the SIP continues beyond that timeframe, the impacts will be greater than presented below. Recovery rates are percentages applied to the projected total revenue for FY20, and typically are based on previous recession recovery(ies). Each section discusses t he recovery rates used and why those rates were chosen, with limited exceptions from this approach. Sales Tax The City receives the 1% Bradley-Burns Sales Tax for municipalities as determined by the State of California base tax rates. For the City, this is the single largest revenue source to pay for essential services, but unfortunately is also one of the more volatile revenue sources, as it responds dramatically to fluctuations in the increase or decrease of taxable sales in the community. During the 2009 recession, sales tax saw a total reduction of 20.6% over three years. However, that recession had reductions in activity spread over a period of time – the financial impacts of COVID-19 are immediate. Staff’s estimate was recently validated by the release of information from the League of California Cities which expects reductions to range from 30% to 37% for the quarter from April through June . Recovery for sales tax from the 2009 recession took four years. At this time, staff is projecting a similar rec overy rate for this event, as there may be concerns regarding resurgence of COVID-19, the number of business that closed or furloughed employees and the slow restoration of businesses in the community, and the slow regeneration of disposable incomes for private residents. In addition to the challenges of the SIP order, the State of California has added an additional wrinkle in the impact assessment. These come in the form of sales tax filing relief for businesses. There are two such programs, which include: 10.A Packet Pg. 199 1. An interest free deferral of up to $50,000 from the California Department of Taxation and Fee Administration for businesses with less than $5 million in taxable sales, allowing repayment over 12 months, and 2. A program that comes from one of Governor Newsome’s March 12 Executive Order, where April filing due dates for sales tax for all businesses have been extended until July. Fortunately at this time these are deferments, and not waivers of the taxes owed to the City, which would violate the Proposition 1A protections on local government revenues by State action. However, it may increase FY20 impacts depending upon the number of businesses that take advantage of the programs . There is also the possibility that the deferments turn into defaults as it is likely that some businesses will not survive this economic downturn. Below is a projection table of the likely scenario’s impact, and how much below budgeted revenues that our actual revenues may be if the projection holds true. The likely impact is 30%, which is the likely scenario based upon the greater reduction in sales transactions, and supported by the League of California Cities panel. FY21 is projected to recover at a rate of 11.1% above FY20 projected year-end revenue totals, based on the previous rec ession recovery rate for the first year. Figure 1: Sales Tax Impact Projections FY20 Rate Budget Projected Revenue Surplus/(Shortfall) Likely Impact 30.0% $20,558,684 $17,532,378 $(3,026,306) FY21 Likely Impact 11.1% $21,411,869 $19,478,471 $(1,933,398) Property Tax Economic impacts to property taxes lag significantly, usually at least a year behind. The assessment rolls are produced the year before tax amounts are issued. In 2009, the property tax impacts were experienced in 2010 and 2011. In discussions with the Santa Clara County Assessor’s Office, the rolls for FY21 were issued before the COVID-19 SIP occurred. As such, the revenue impacts to property taxes won’t be realized until FY22. The revenue from FY20 is coming in higher than anticipated at this time in the fiscal year. Based on roll growth projections by the County, this will hold true in FY21. The Assessor’s Office is anticipating more appeals (typically referred to as “AB8 Corrections”) in the upcoming fiscal year for increases in assessments, but traditionally in recessions many do not have a valid basis for appeal. If property tax impacts are realized, they will likely be felt in FY22 and FY23, and will be accounted for in the next 10.A Packet Pg. 200 budget process. Below are the projections and dif ference from budgeted revenues for FY20 and FY21. Figure 2: Property Tax Projections Fiscal Year Budgeted Projected Revenue Surplus/ (Shortfall) 2020 $13,917,492 $14,418,488 $500,996 2021 $14,323,581 $14,839,196 $515,615 Utility Users Tax Utility Users Tax (UUT) revenues never returned to pre-2009 levels. Although the most recent year was the closest that they have come, they are not expected under their current assessment basis to reach those levels in either the near -term or mid-term. The loss of revenue from the most recent recession was 10.9% over three years. Based on this experience in the last recession, the optimistic, likely and pessimistic impact scenario rates are 5%, 10% and 15%, respectively. Since the 10% rate is the closest to the prior recession, and people are home more using electricity, the 10% rate was chosen as the likely impact. Utility taxes are assessed against the value of energy and telecommunications bills and as traditional media has changed in recent years, the tax has experienced natural erosion. UUT revenue this year to-date is on course to exceed budgeted projected levels. However, the likely impact scenario will have reductions compared to future budgeted revenues. For FY21, the previous recession’s first year rate of recovery was 3.7%; however, recent growth rates have flattened to an average of 0.5%, which was used as the recovery rate for this revenue stream, applied to the projected year-end revenue total. Figure 3: Utility Users Tax Impact Projections FY20 Rate Budget Projected Revenue Surplus/(Shortfall) Likely Impact 10.0% $4,643,909 $4,614,375 $(29,534) FY21 Likely Impact 0.5% $4,643,807 $4,637,447 $(6,360) Transient Occupancy Tax 10.A Packet Pg. 201 Transient Occupancy Tax (TOT) revenues, similar to sales taxes, are volatile. Unfortunately, restrictions on travel to the point of near prohibition are expected to have a very dramatic impact on TOT revenues. The 2009 recession saw a 14.8% decline over two years. However, the last recession did not have any restrictions on travel, only the limitation on disposable income prevented travel. Recovery typically has been relatively quick for TOT revenues, with two years to recover to pre-2009 recession revenue amounts. Staff, in conjunction with projections from Visit Gilroy with current room rental rates, is projecting 55% likely financial impact during the SIP, respectively, to revenue rates. FY21 assumes that the recovery will be at 7.9%, the average rate between the 2009 recession’s first recovery year increase, and the pr ojected increase in the second half of Visit Gilroy’s calendar year 2020 projections . The 7.9% growth is applied to the projected year-end revenues of FY20 to determine the FY21 projection. Figure 4: Transient Occupancy Tax Impact Projections FY20 Rate Budget Projected Revenue Surplus/(Shortfall) Likely Impact 55% $1,898,986 $1,224,251 $(674,735) FY21 Likely Impact 7.9% $1,955,955 $1,320,967 $(634,988) Business Licenses Business license revenue is received, for the majority of revenue, twice per year, summer and winter. Payment is due in either summer or winter depending on what type of business is operated. T he revenue for this fiscal year has been almost fully received. The rates for FY20 are the same under each scenario, a relatively small shortfall compared to the adopted budget, as revenue received in March is usually deferred to the following fiscal year. FY21’s projected revenue is more varied based on the optimistic, likely and pessimistic impacts. Respectively, the ratios are 10%, 20% and 30%. In the 2009 recession, the loss of business license revenue was 14%. There may be more business that close in this recession, as there will be a period where some business categories will receive no income at all. This revenue source will see the impact to the revenue in FY21, as the business license revenue for businesses that close during the SIP order will impact FY21 revenues due to license timing. This is the reason for the impact rate to be applied for FY21, but applied to the budgeted amount, and the rate only having a marginal impact in FY20. Figure 5: Business License Revenue Impact Projections FY20 Rate Budget Projected Revenue Surplus/(Shortfall) Likely Impact 20% $710,435 $698,890 $(11,545) FY21 10.A Packet Pg. 202 Likely Impact 20% $713,987 $571,190 $(142,797) User Fees User fees are different than taxes when it comes to revenue generation. Unlike the other main tax revenue sources, user fees are essentially reimbursing the General Fund for use of City resources, mainly staff time, for the use to achieve a private benefit. They help offset the cost of positions, materials, and facilities that are needed to provide such services. The largest user fees are building permits and plan check fees, which are mostly tied to development, but also improvements to existing developed structures. These two main fee categories do tend to be very sensitive to economic changes, but they also can be quicker to recover than others. Additionally, they can behave erratically, and are hard to predict . Common sense would dictate that these revenues would fall during a recession, but that is not always the case. Additionally, it is important to note that user fee revenues, as an aggregate have been below budgeted projections for the fiscal year to-date, even before the appearance of COVID-19. Actual user fee revenues for FY18 and FY19 were $6.4 million and $6.5 million, respectively. The revenue received as of March shows a significant decrease in revenues, to nearly half of projected amounts, even before the SIP order was instituted. At this time the cause or causes of this change from prior years is not fully known. We are aware that there were delays in the Glen Loma project(s), but it may not be the only reason. Staff will be continuing to investigate the cause for this significant shift in revenues. The numbers below have some impact from COVID-19, but much of it is reflective of decreases already experienced this fiscal year-to-date, as mentioned above. The projection of a 45% recovery rate for FY21 is due to the recent plan check work completed for Glen Loma, which historically has shown increases in the following year for building permit revenues. Additionally, after recessions, building permit and plan check revenues have shown increases in the range of 31% to 85% growth rates in individual years. Since this recession was immediate - absent the traditional recession decline over years, staff is projecting a scenario towards the lower end of the range, but not at the lowest rate. The amounts projected in FY20 and FY21 would be the lowest user fee revenue aggregate since 2013. Figure 6: User Fee Revenue Impact Projections 10.A Packet Pg. 203 FY20 Rate2 Budget Projected Revenue Surplus/(Shortfall) Likely Impact 30% $7,144,486 $3,398,312 $(3,746,174) FY21 Likely Impact 45% $7,057,781 $4,927,552 $(2,130,229) Total Shortfall Projection Amounts Overall, staff is recommending the use of the likely impact levels of funding for planning purposes. As more information regarding the impacts becomes known over the next few months, these projections will be updated and relayed to the City Council. Below are the totals of the shortfall projections overall based on likely impacts. Figure 7: Likely Scenario Revenue Shortfall Projections Revenue Source FY20 Likely Surplus/ (Shortfall) FY21 Likely Surplus/ (Shortfall) Sales Tax $ (3,026,306) $ (1,933,398) Property Tax 500,996 515,615 Utility Users Tax (29,534) (6,360) Transient Occupancy Tax (674,735) (634,988) Business License (11,545) (142,797) User Fees (3,746,174) (2,130,229) Total Surplus/(Shortfall) $ (6,987,298) $ (4,332,157) The total impact over the two fiscal years with approved budgets is a shortfall in anticipated revenues totaling approximately $11.3 million. 10-Year Financial Forecast Below is Figure 8, the General Fund 10-year financial forecast before the recession projections. As can be seen, the City’s financial condition was already unsustainable within the ten year timeframe. Discussions that this needed to be addressed were already being raised before COVID-19 became a declared emergency. Left on its own without remedy, the City was on track to start using its reserves in FY23, with depletion of the General Fund in FY25, and negative by $26 million in FY29. The City’s structural budget deficit was approximately $6 million by FY29. Figure 8: General Fund 10-Year Forecast Pre-COVID-19 2 The rate provided is for the COVID-19 impacts. The level of cost shortfall is higher due to the already reduced revenues before COVID-19 impacts began. 10.A Packet Pg. 204 Following is Figure 9, which is the General Fund 10-year financial forecast with COVID- 19 impacts and assuming no attempts to augment the revenues of the General Fund, or reduce expenditures in response. This would result in the City starting to use its reserves this fiscal year, FY20, with depletion of the General Fund in FY22, and negative by $74 million in FY29. By FY29, the City’s structural imbalance is approximately $9 million. Figure 9: General Fund 10-Year Financial Forecast with COVID-19 10.A Packet Pg. 205 OPTIONS FOR CONSIDERATION With the projected impact of $7.0 million in FY20 and $4.3 million in FY21, the question becomes how to offset these losses in each fiscal year. As mentioned previously, the City has retained an economic stability reserve (“ESR”) at the amount of 10% of General Fund Expenditures. The ESR currently holds a balance of $5.7 million. With both years combined, the total shortfall from budget is approximately $11.3 million, leaving a gap after ESR of $5.6 million. In order to cover the gap, and attempt to preserve some of the ESR for future increased impacts, staff has developed ideas to free up funding to help cover the our short term losses. Most of the options below would involve postponing capital projects for an indeterminate amount of time, but would free up funds to address financial needs until the impacts are known and budget revisions have been discussed. Furthermore, these are one-time financial solutions and do nothing to solve the ongoing structural budget deficit – solutions for that fiscal challenge will require ongoing budget solutions. 10.A Packet Pg. 206 Staff is not asking for Council direction at this time. Informing Council of all possible financial solutions whether one-time our ongoing will assist in the conduction of policy discussions and developing/implementing the City’s fiscal recovery plan. These one-time options are listed below: 1. Transfer Funds from Capital Outlay Fund, Fund 605 The Capital Outlay Fund is a fund established for General Fund departments to transfer resources for eventual replacement of equipment and furniture. Departments have not been con tributing towards the fund in a significant manner since 2009, and using it sparingly ever since. There is a balance of $2.5 million, this option would leave approximately $500,000 remaining in the fund for a few needed items for the Fire and Police Departments that were planned in the budget for FY20 and FY21. $2.0 million 2. Postpone the Sports Park Expansion Project At this time, the plans for expanding the Gilroy Sports Park are in jeopardy due to the recession. While the agriculture mitigation credits have been purchased through the Public Facilities Impact Fee Fund, the remaining amount identified in the General Fund could be unencumbered and made available for covering some of the revenue shortfall. $0.6 million 3. Postpone the 7th and Eigleberry Downtown Parking Lot An RFP for the project design and engineering has been issued. It is anticipated, based on the increased costs of projects that the full construction of the improvements would require some additional funding. Instead, this project could be postponed to a future year, a nd the remaining balances moved back to the General Fund to help offset the revenue shortfall. $1.1 million 4. Postpone the Glen Loma Fire Station The Glen Loma Fire Station Ad Hoc Committee was designated to identify funding for the station construction and staffing of the fire station. With the funding shortfall, the opportunity to construct the fire station may need to be postponed until a future year. Additionally, with the economic challenges, it is unlikely that Glen Loma will be willing to initiate the construction of the fire station building. The City could look to a temporary fire station as an alternative. $1.7 million 5. Postpone certain land acquisitions As part of the resolution appropriating unassigned fund balances, $1.7 million 10.A Packet Pg. 207 $1.725 million was assigned to cover land acquisitions. As this has not taken effect yet, an option would be to postpone the acquisition of such land and utilize the $1.7 million for offsetting revenue losses, and undertaking the land acquisition at another time, if still desired. Total of All General Fund Amounts $7.1 million Value of the Economic Stability Reserve $5.7 million Total available to cover revenue shortfall $12.8 million Although the ideas above are sufficient to cover the gap and then an additional $1.5 million, there are additional savings to be considered, some include: $510,167 – savings in the General Fund for the Enterprise Resource Planning and Land Management System software. These funds can be moved back to the General Fund. $1.1 million – savings in the Public Facilities Impact Fee Fund if postponement of the construction of the One-Stop Development Services Center is approved by Council. The contract and work has already been underway for the architectural services and plans. Once plans are completed, the project can be put on hold and can be continued in more favorable economic times at the discretion of Council. The revenues are already low in this fund, and expected to be even less moving forward. By preserving this fund, it allows the bond debt payments to be made from this fund, and not having to switch to the General Fund to make the payments if the fund runs out of money. If the Public Facilities Impact Fee Fund is depleted, the next available funding source would be the General Fund to make the debt service payments for the bonds. Preserving the impact fee funds will help prevent having to use general funds to pay for the debt service if revenues fall, keeping money in the General Fund to pay for essential services. Below is Figure 10, an updated General Fund 10-year financial forecast taking into account the $7.1 million of options listed above. Figure 10: General Fund 10-Year Financial Forecast with Options 10.A Packet Pg. 208 As can be seen, should it be determined to use these one-time funding options for additional fund availability, the City would approach use of some reserves in FY21 and FY22, however ongoing budget adjustments will be needed to avoid total depletion the General Fund reserves. In essence, the use of one-time monies allows the City to make expenditure adjustments beginning in FY 21. The one-time funding, essentially “pushes” the consumption of the General Fund reserves out roughly a single fiscal year. These ideas are only for short-term, one-time steps to address the immediate need to cover for lost revenue due to the COVID-19 pandemic. Use of reserves is only one piece of the solution and it is not the intention of staff to extinguish all reserves during this crisis. Additional steps will be needed to address financial challenges in the mid- term and over the long-term, but these one-time steps can assist in providing time to obtain more information, make ongoing financial decision to address the 10-year forecast. As described in the next steps, after this revenue projection, staff will begin looking to identify expenditure savings in present and future years to meet the needs of financial survival and sustainability into the future including the need to adjust staffing levels, employee costs, and ultimately service levels. This report only focuses on current economic conditions, one-time solutions and presentation of the City’s long-term financial issues. 10.A Packet Pg. 209 NEXT STEPS It is staff’s recommendation to address the financial challenges over a series of Council Meeting agenda items. Staff has identified a list of recommended recurring agenda items for the duration of the SIP orders and revenue reductions. 1. Assessing the Situation – May 4th, 2020 Staff has prepared projected/estimated initial impacts to the City’s revenues. Next steps would include identifying initial savings in expenditures; refining the impacts when actual revenues are received during the COVID-19 period; adjusting expenditures accordingly; and repeating the assessment as more data is received and the impacts are better understood. 2. Recommending a Recovery Plan – May 18th, 2020 Staff will provide general recommendations to address the COVID -19 and 10- year financial forecast challenges. Recommendations will include the use of reserves, one-time monies, and ongoing expenditure reductions. 3. Adoption of the Recovery Plan – June 1st or June 15th, 2020 Staff will provide revised recommendations incorporating Council direction from the May 18th Council meeting. This may include budget amendments to return one-time monies to the general fund and provide final approval of revised service levels. Depending on Council direction, final approval of the Recovery Plan may occur at either June meeting. Council can also delay, amend, or not accept certain recommendations. 4. Implementation of the Fiscal Recovery Plan – July 1, 2020 Staff will implement the adopted Fiscal Recovery Plan. 5. Additional Fiscal Recovery Plan modifications (if necessary) – TBD The Fiscal Recovery Plan is based on a snapshot in time and depending on the duration and impacts of the SIP, may require adjustments. In conjunction with these topics, staff will establish more frequent monitoring and reporting of City revenues, as well as expenditures to show any change in the net financial position of the City. Staff will provide monthly updates to Council that will provide updated information including the effectiveness of the Fiscal Recovery Plan. FISCAL IMPACT/FUNDING SOURCE None. This is an informational item which is seeking Council direction on potential methods for addressing financial challenges that may be experienced due to COVID-19. Depending upon any direction issued by the City Council, staff would bring back to the 10.A Packet Pg. 210 City Council any items for approval of any measure taken that would produce a fiscal impact. CONCLUSION This is the first in a series of recommended agenda items for Council as the process to modify the City’s financial plan, namely the adopted operating budget. This and future sessions will aim to balance the potential reduced funding coming into the C ity against the expenditures in the provision of essential and core services, while reflecting the financial impacts of the COVID-19 pandemic. PUBLIC OUTREACH No specific public outreach plan has been established for this item. The information presented in this staff report and any direction received will be shared through the Communications and Engagement Office. Staff will be releasing information routinely to residents and City employees concerning the City’s financial outlook and Financial Recovery Plan. 10.A Packet Pg. 211 City of Gilroy STAFF REPORT Agenda Item Title: Consideration of a Third Time Extension Request for a Tentative Map and Architectural and Site Review Permit for a 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) Meeting Date: May 4, 2020 From: Jimmy Forbis, Interim City Administrator Department: Community Development Department Submitted By: Karen Garner Prepared By: Karen Garner Julie Wyrick Strategic Plan Goals ☐ Fiscal Stability ☐ Downtown Revitalization Economic Development ☐ Neighborhood Services ☐ Enhanced Public Safety ☐ Workforce Stability ☐ Public Engagement RECOMMENDATION Adoption of a Resolution of the City Council of the City of Gilroy approving a third time extension for Tentative Map TM 13-11 and Architecture and Site Review AS 18-20 creating a 202-unit condominium townhouse development on a 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 Garden, LLC. EXECUTIVE SUMMARY In 2016, the City Council granted an approval to develop 202 townhome units at the southeast corner of Santa Teresa Boulevard and First Street . In June 2018, the City 10.B Packet Pg. 212 Council granted the first time extension for the project that extended the approval to April 4, 2019. In June 2019, the City Council granted a second time extension that extended the approval to April 4, 2020. On February 28, 2020, the developer submitted a request for a third and final time extension. If approved, the Tentative Map (TM 13- 11) and Architectural and Site Review (AS 18-20) approvals would expire on April 4, 2021. BACKGROUND The development comprises 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. Along with the Tentative Map and Architectural and Site Review approvals, City Council also adopted the Mitigated Negative Declaration (MND) and a Planned Unit Development (PUD) overlay approval (Z 13-08). The PUD approval allows for slightly less density than the R4 zoning requirement of minimum 20 units per acre. As part of the PUD approval, onsite public amenities were included. The final design and location of the public art amenity will be reviewed and approved by the City Council at a later date. Project Approvals Timeline: 4/4/2016 City Council approves 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 and associated onsite and offsite improvements. Development also includes a clubhouse, a swimming pool, a tot lot and an onsite public art amenity. 9/7/2017 AS 13-35 approval extended to align with TM 13-11 expiration timing of 4/4/2018. 3/23/2018 First time extension of TM 13-11 request by Developer. 6/18/2018 City Council approves request, extending TM 13-11 and AS 13-35 approvals to 4/4/2019. 09/2018 Several meetings conducted between City staff and Developer to coordinate priority and needed items to attain grading and building permits in a timely manner (before TM and AS expiration date of 4/4/2019). 10/29/2018 Planning Manager approves AS 18-20 for minor revisions and adjustment of other onsite improvements. (AS 18-20 approval supersedes AS 13-35). 1/22/2019 Developer submits building permits for the townhome buildings and the clubhouse. 10.B Packet Pg. 213 3/8/2019 Second time extension of TM 13-11 request by Developer. (Approval of this request would extend the permit expiration dates for both TM 13-11 and AS 18-20 to April 4, 2020). 6/3/2019 City Council approves request, extending TM 13-11 and AS 13-35 approvals to 4/4/2020. 6/2019- Several meetings conducted between City staff and development team to 3/2020 coordinate priority and needed items to attain grading and building permits in a timely manner (before TM and AS expiration date of 4/4/2019). 2/28/2020 Third time extension of TM 13-11 request by Developer. (Approval of this request would extend the permit expiration dates for both TM 13-11 and AS 18-20 to April 4, 2021). REGULATORY CONSIDERATIONS Housing Accountability Act: The Housing Accountability Act (passed in 1982) empowers the State of California to limit the ability of local government to restrict the development of new housing. Government Code Section 65589.5(j) states that a “proposed housing development project cannot be denied if it complies with applicable, objective general pl an, 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.” With the original project approvals, the City Council found the proposed development consistent with the goals and policies of the City’s general plan, zoning, design, and subdivision standards. Findings Necessary to Deny a Tentative Map: In accordance with Subdivision Map Act Section 66498.1, “the local agency may condition or deny a permit, approval, extension, or entitlement 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 safet y, or both. (2) The condition or denial is required in order to comply with state or federal law .” With the original project approvals, including recommended project conditions and mitigations, the City Council did not identify specific health or safety c oncerns. Gilroy City Code Allowance: Per Gilroy City Code Section 21.41(i), the City Council, at their discretion, may extend the tentative map approval up to three periods of 12 months each. In June 2018, the City Council approved the first such request , extending the expiration date for a 12- month period, to April 4, 2019. And again, in June 2019, the City Council approved the 10.B Packet Pg. 214 second request, extending the expiration date for an additional 12-month period, to April 4, 2020. This request before the City Council is the third and final time extension request. If approved, then the developer would have until April 4, 2021 to comply with the conditions of approval for the project. If the developer fails to vest the project approval before April 4, 2021, the approval would expire. ANALYSIS Reason for Request: Immediately after the City Council granted the first time extension in June 2018, City staff developed a construction schedule together with the developer that identified the critical path and milestone dates in order to finish the project in time before the Tentative Map expiration on April 4, 2019. Unavoidable complications concerning coordination efforts with the utility company delayed the overall schedule by more than nine months, and the deadline was not met. The Developer submitted the second time extension on March 8, 2019. Since then, the development team has been working with City staff on the public improvement plans, utility plans, and building permit review. The applicant has also been coordinating with Caltrans for required improvements along Santa Teresa Boulevard and the transition from First Street to Hecker Pass Highway. As part of the request, the Developer provided a detailed project history (attached) identifying past meeting dates and project coordination schedules, as well as anticipated dates for milestone completion. Based on the revised schedule, the Final Map will be submitted to City staff for review in May 2020. Building permits have been submitted and will be resubmitted with corrections in the next few weeks. Building permits must be pulled by April 4, 2021 for the project to continue. Staff supports the developer’s request for a third and final time extension to complete the project. If the City Council approves the third time extension request, City staff will review the proposed construction schedule and to identify priority and the next milestone tasks with the developer to complete the project before April 4, 2021. ALTERNATIVES Should the City Council deny the time extension, the developer would not be able to complete the original scope as the approval has expired on April 4, 2020. In this case, the City Council would need to make the necessary findings to deny the request. Staff does not recommend this option as current legislation may limit the City Council’s ability to take such action. 10.B Packet Pg. 215 FISCAL IMPACT/FUNDING SOURCE There are no fiscal impacts associated with Council’s decision for this request. Sufficient funds from building permit and final map review fees (as established by the City Council) can adequately cover staff review time. CONCLUSION Staff finds the proposed request consistent with the Gilroy City Code and recommends the City Council to extend the approval to April 4, 2021 so that the project can mov e forward. NEXT STEPS If City Council extends the approval, then the developer will be expected to continue to proceed with the final map, improvement plans and building permits to construct the townhomes for the original project scope. Staff would c ontinue to coordinate such efforts pursuant to the revised agreed-upon schedule. Attachments: 1. Eagle Garden ProgressSinceTM Extension and Current Status 2. TM 13-11 3rd time extension Resolution 3. TM 13-11 Final Time Extension Conditions of Approval 10.B Packet Pg. 216 APC International, Inc. Project Managers and Construction Consultants 396 Industrial Street, Campbell, CA 95008-4110 Telephone: (408) 583-0510 Fax: (408) 583-0515 Email: apcintl@aol.com April 8, 2020 Ms. Julie Wyrick Planning Division Manager City of Gilroy Julie.Wyrick@ci.gilroy.ca.us Re: Eagle Garden – Summary of Progress Since Prior TM Extension, and Current Status Hello, Julie: The Eagle Garden project requires numerous approvals and permits from various entities, including the City of Gilroy, Caltrans, and PG&E. The project team has been working on this process since early 2019, and the progress and current status are as follows: 1) Building Permits a) First Building plan submittal to City – January 2019 b) Review comments received and agreed – April 2019 c) Plan revisions complete – July 2019 d) Second plan submittal held pending progress to plans for Final Map & Site Improvements (see 2f and 3b) below e) Building plans will be ready for second submittal following Staff return to work on 5/4/2020 f) Building permits to follow after final plan review and approval by Staff, and Council hearing say early July 2020 g) There are 12 individual Building permits on Phase 1 of the project and City fee schedule provided October 2019 2) 1st Street/Highway 152 Permits – City and Caltrans a) Meeting with City to review process for Caltrans permits – 8/6/2019 b) Traffic Consultant prepared Intersection Control Evaluation (ICE) report and submitted to Caltrans for approval of new traffic signal at Kelton – September to December 2019 c) Comments to ICE report received and responded to by Consultant on 3/9/2020 d) Formal approval of signalized intersection by Caltrans pending return to work 5/4/2020 e) Meeting with Civil Engineer and City Staff to review comments to preliminary Improvement plans – 6/20/2019 f) Civil Engineer completed Offsite Improvement plans for 1st Street/152 widening in coordination with Onsite Improvement plans (see 3b below) – July through December 2019 g) Offsite Improvement plans submitted to City in January 2020, and Staff comments received 3/25/2020 h) Offsite plans to be revised in response to review comments and resubmitted to City on 5/4/2020 when Staff returns 10.B.a Packet Pg. 217 Attachment: Eagle Garden ProgressSinceTM Extension and Current Status (2729 : Time Extension Request for Tentative Map TM 13-11 and Eagle Garden, Gilroy Summary of Progress Since Prior TM Extension, and Current Status April 8, 2020 Page 2/3 2) 1st Street/Highway 152 Permits – City and Caltrans – Continued i) Revised Offsite Improvement plans to be coordinated with Caltrans plans for repaving 1st Street/152 and submitted for Caltrans Encroachment Permit – 5/4/2020 j) Separate underground services permit application submitted to Caltrans to fast‐track installation of services across 1st Street prior to repaving – 4/7/2020 k) APC and Granite Construction Co. meeting to review completing 1st Street widening in conjunction with Caltrans repaving of 1st Street – 3/23/2020 and ongoing l) Target timing to complete Offsite Improvement plan reviews and issue Caltrans and City Permits early July 2020 3) Site Improvement Permit & Final Map – City a) Meeting with City Staff, Surveyor, and Civil Engineer to review comments to preliminary Improvement plans and Map plans, and provide direction to Engineer – 6/20/2019 b) Civil Engineer completed Onsite Improvement plans for entire 202‐unit project July through December 2019; Landscape and onsite utility plans completed during same time period for inclusion in submittal c) Onsite Improvement plans and Final Map plans submitted to City late January and review comments from Staff and Surveyor received 3/25/2020 d) Plans to be revised in response to comments and resubmitted to City and Surveyor for final review – 5/4/2020 e) Civil Engineer to incorporate any final review and closeout comments on Final Map plans and On and Offsite Improvement plans for Staff approval – May 18 through June 5, 2020 f) Prepare Staff Report and schedule Council hearing – May 18 through early July 2020 g) Council approve Final Map and Improvement & Building permits early July 2020, subject to lifting of COVID‐19 restrictions, on 5/4/2020 4) PG&E (Rule 20) a) Joint utility (Rule 20) plans for undergrounding of PG&E’s overhead high voltage service along 1st Street completed March through July 2019 b) PG&E review and approval of Rule 20 plans and preparation of overhead to underground conversion Agreement completed 9/19/2019 c) Legal review and signature of Agreement, and fee payment by Owner to be coordinated with City and Cal Trans permit approvals above, and conversion to underground by PG&E could follow in four (4) months 10.B.a Packet Pg. 218 Attachment: Eagle Garden ProgressSinceTM Extension and Current Status (2729 : Time Extension Request for Tentative Map TM 13-11 and Eagle Garden, Gilroy Summary of Progress Since Prior TM Extension, and Current Status April 8, 2020 Page 3/3 5) Public Art a) APC met with Art Committee in June and July 2019 to present and discuss suggestions for “wine theme” public art piece at corner of Santa Teresa and 1st Street/152 and received direction from the members b) Owner and APC researched artists and works based on Art Committee direction, and selected Berkeley sculptor for proposal – January 2020 c) APC to attend next Art Committee meeting after assembly constraints lifted, to present examples of selected artist’s works Although some of the more complex tasks took longer than anticipated during the last 12 months, and the current COVID‐19 constrains may cause future delays , the above summary reflects the positive and significant progress on the Eagle Garden project since the 2nd extension was granted in June 2019. Subject to a speedy return to normal working after the virus abates, the future timing referred to above and shown on the attached schedule appears feasible. The City’s approval to grant this 3rd extension in order that we can complete the tasks in hand and proceed with the project later this year would therefore be most appreciated. Sincerely, Allan T. Butler Cc: Mr. Gary Heap – City of Gilroy Mr. Hipolito Olmos – City of Gilroy Mr. Jorge Duran – City of Gilroy Mr. Richard Liaw – Monterey Dynasty LLC ATB:jz Attachment 10.B.a Packet Pg. 219 Attachment: Eagle Garden ProgressSinceTM Extension and Current Status (2729 : Time Extension Request for Tentative Map TM 13-11 and ID Task Mode Task Name Duration Start Finish 1 MH complete improvement plan/map submittal 10 days Mon 2/17/20 Fri 2/28/20 2 Surveyor review and comment on Map 20 days Mon 3/2/20 Fri 3/27/20 3 Meet to confirm and agree Map comments 1 day?Mon 3/30/20 Mon 3/30/20 4 MH correct Map plans and resubmit 12 days Tue 3/31/20 Wed 4/15/20 5 Surveyor sign off on Map 5 days Thu 4/16/20 Wed 4/22/20 6 City comments for Improvement plans 24 days Mon 3/2/20 Thu 4/2/20 7 Conf call to review and agree City comments 1 day Fri 4/3/20 Fri 4/3/20 8 MH correct improvement plans 18 days Mon 4/6/20 Wed 4/29/20 9 Meeting with City to review corrections 1 day?Thu 4/30/20 Thu 4/30/20 10 MH make final plan corrections 10 days Fri 5/1/20 Thu 5/14/20 11 Sign off on Improvement plans and staff report 20 days Fri 5/1/20 Thu 5/28/20 12 Schedule Council hearing to approve plans/map 30 days Fri 5/1/20 Thu 6/11/20 13 Acounting for Improvement Permit and Map fees 20 days Mon 4/6/20 Fri 5/1/20 14 Bonding in place and fees paid 25 days Mon 5/4/20 Fri 6/5/20 15 Council approve Improvement Permit and Map 1 day?Fri 6/12/20 Fri 6/12/20 16 Record Final Map 1 day?Mon 6/15/20 Mon 6/15/20 17 RJA respond to PEER review comments 15 days Mon 2/17/20 Fri 3/6/20 18 Cal Trans confirm traffic signal required 15 days Mon 3/9/20 Fri 3/27/20 19 City/RJA submit CT encroachment permit app 5 days Mon 3/30/20 Fri 4/3/20 20 Cal Trans encroach permit review 30 days Mon 4/6/20 Fri 5/15/20 21 RJA revise plans per CT comments and resubmit 10 days Mon 5/18/20 Fri 5/29/20 22 CT approve plans and issue encroach permit 20 days Mon 6/1/20 Fri 6/26/20 23 RJA apply for servces crossing encroach permit 15 days Mon 3/9/20 Fri 3/27/20 24 Cal Trans review services encroach permit app 30 days Mon 3/30/20 Fri 5/8/20 25 RJA respond to CT comments and re-submit 5 days Mon 5/11/20 Fri 5/15/20 26 CT issue services crossing encroachment permit 5 days Mon 5/18/20 Fri 5/22/20 2/9 2/16 2/23 3/1 3/8 3/15 3/22 3/29 4/5 4/12 4/19 4/26 5/3 5/10 5/17 5/24 5/31 6/7 6/14 6/21 6/28 7/5 7/12 7/19 7/26 8/2 8/9 8/16 8/23 February March April May June July August Task Split Milestone Summary Project Summary Inactive Task Inactive Milestone Inactive Summary Manual Task Duration-only Manual Summary Rollup Manual Summary Start-only Finish-only External Tasks External Milestone Deadline Path Driving Predecessor Milestone Task Path Driving Predecessor Summary Task Path Driving Predecessor Normal Task Critical Critical Split Progress Manual Progress Page 1 Project: EagleGardenUpdate2 Date: Wed 4/8/20 10.B.a Packet Pg. 220 Attachment: Eagle Garden ProgressSinceTM Extension and Current Status (2729 : Time Extension ID Task Mode Task Name Duration Start Finish 27 Define scope of frontage work for Granite CC 15 days Mon 3/16/20 Fri 4/3/20 28 Confirm inclusion of added scope in 152 project 20 days Mon 4/6/20 Fri 5/1/20 29 GCC bid frontage scope and prepare CO proposal 8 days Mon 5/4/20 Wed 5/13/20 30 Approve and fund CO for frontage scope 20 days Thu 5/14/20 Wed 6/10/20 31 GCC install underground crossings 10 days Mon 6/15/20 Fri 6/26/20 32 GCC construct Eagle frontage in coord with 152 15 days Mon 6/29/20 Fri 7/17/20 33 GCC grade site and prepare phase 1 pads 20 days Mon 7/20/20 Fri 8/14/20 34 Dahlin and H&S under new Agreements 5 days Mon 2/17/20 Fri 2/21/20 35 H&S finish MEP/Structural plan revisions 25 days Mon 3/2/20 Fri 4/3/20 36 Dahlin finish Architectural plan revisions 20 days Mon 3/2/20 Fri 3/27/20 37 Collate and copy building plan 2nd submittal 1 day?Mon 4/6/20 Mon 4/6/20 38 Start 2nd submittal building plan review 10 days Tue 4/7/20 Mon 4/20/20 39 Interim meeting to review and agree comments 1 day?Tue 4/21/20 Tue 4/21/20 40 City complete building permit plan review 15 days Wed 4/22/20 Tue 5/12/20 41 Final revisions to building plans and submit 10 days Wed 5/13/20 Tue 5/26/20 42 Schedule Council hearing for Building Permit 20 days Wed 5/13/20 Tue 6/9/20 43 Staff sign off plans for Building Permit 10 days Wed 5/27/20 Tue 6/9/20 44 Council approve Building Permit for phase 1 1 day Wed 6/10/20 Wed 6/10/20 45 Meet Artist and agree public art concept 20 days Mon 2/17/20 Fri 3/13/20 46 Schedule and present concept to Art Commission 20 days Mon 3/16/20 Fri 4/10/20 47 Artist prepare graphics 15 days Mon 4/13/20 Fri 5/1/20 48 Public art concept approved concept by Art Comm20 days Mon 5/4/20 Fri 5/29/20 49 Execute PG&E Agreements fee for power and gas 40 days Mon 2/17/20 Fri 4/10/20 50 Rule 20 underground installation 20 days Mon 6/15/20 Fri 7/10/20 51 Schedule and underground OH power lines 25 days Mon 7/13/20 Fri 8/14/20 52 Schedule gas line crossing and hot tap 30 days Mon 4/27/20 Fri 6/5/20 2/9 2/16 2/23 3/1 3/8 3/15 3/22 3/29 4/5 4/12 4/19 4/26 5/3 5/10 5/17 5/24 5/31 6/7 6/14 6/21 6/28 7/5 7/12 7/19 7/26 8/2 8/9 8/16 8/23 February March April May June July August Task Split Milestone Summary Project Summary Inactive Task Inactive Milestone Inactive Summary Manual Task Duration-only Manual Summary Rollup Manual Summary Start-only Finish-only External Tasks External Milestone Deadline Path Driving Predecessor Milestone Task Path Driving Predecessor Summary Task Path Driving Predecessor Normal Task Critical Critical Split Progress Manual Progress Page 2 Project: EagleGardenUpdate2 Date: Wed 4/8/20 10.B.a Packet Pg. 221 Attachment: Eagle Garden ProgressSinceTM Extension and Current Status (2729 : Time Extension RESOLUTION 2020-XX RESOLUTION NO. 2020-XX 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 GARDEN LLC 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 corner 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 Permit (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 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, the City Council held a duly noticed public meeting on May 4, 2020, and considered the public testimony, the staff report and all other documentation related to the requested time extension; and 10.B.b Packet Pg. 222 Attachment: TM 13-11 3rd time extension Resolution [Revision 3] (2729 : Time Extension Request for Tentative Map TM 13-11 and Architectural RESOLUTION 2020-XX 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: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: APPROVED: Roland Velasco, Mayor ATTEST: Shawna Freels, City Clerk 10.B.b Packet Pg. 223 Attachment: TM 13-11 3rd time extension Resolution [Revision 3] (2729 : Time Extension Request for Tentative Map TM 13-11 and Architectural 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) 10.B.c Packet Pg. 224 Attachment: TM 13-11 Final Time Extension Conditions of Approval [Revision 1] (2729 : Time Extension Request for Tentative Map TM 13-11 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, 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. 10.B.c Packet Pg. 225 Attachment: TM 13-11 Final Time Extension Conditions of Approval [Revision 1] (2729 : Time Extension Request for Tentative Map TM 13-11 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 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 10.B.c Packet Pg. 226 Attachment: TM 13-11 Final Time Extension Conditions of Approval [Revision 1] (2729 : Time Extension Request for Tentative Map TM 13-11 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 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 10.B.c Packet Pg. 227 Attachment: TM 13-11 Final Time Extension Conditions of Approval [Revision 1] (2729 : Time Extension Request for Tentative Map TM 13-11 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 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. 10.B.c Packet Pg. 228 Attachment: TM 13-11 Final Time Extension Conditions of Approval [Revision 1] (2729 : Time Extension Request for Tentative Map TM 13-11 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 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. 29. Tree No. 30. TPZ 31.#21 and 25- 31 32. 5’W. DL in all other directions 33.#81-84 34. 5’ N. DL in all other directions 35.#22 and 23 36. 10’ W. DL in all other directions 37. Note: DL = Dripline 10.B.c Packet Pg. 229 Attachment: TM 13-11 Final Time Extension Conditions of Approval [Revision 1] (2729 : Time Extension Request for Tentative Map TM 13-11 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. 10.B.c Packet Pg. 230 Attachment: TM 13-11 Final Time Extension Conditions of Approval [Revision 1] (2729 : Time Extension Request for Tentative Map TM 13-11 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 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 10.B.c Packet Pg. 231 Attachment: TM 13-11 Final Time Extension Conditions of Approval [Revision 1] (2729 : Time Extension Request for Tentative Map TM 13-11 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) 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 10.B.c Packet Pg. 232 Attachment: TM 13-11 Final Time Extension Conditions of Approval [Revision 1] (2729 : Time Extension Request for Tentative Map TM 13-11 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 e scalated 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). 10.B.c Packet Pg. 233 Attachment: TM 13-11 Final Time Extension Conditions of Approval [Revision 1] (2729 : Time Extension Request for Tentative Map TM 13-11 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 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 10.B.c Packet Pg. 234 Attachment: TM 13-11 Final Time Extension Conditions of Approval [Revision 1] (2729 : Time Extension Request for Tentative Map TM 13-11 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 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. 10.B.c Packet Pg. 235 Attachment: TM 13-11 Final Time Extension Conditions of Approval [Revision 1] (2729 : Time Extension Request for Tentative Map TM 13-11 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 10.B.c Packet Pg. 236 Attachment: TM 13-11 Final Time Extension Conditions of Approval [Revision 1] (2729 : Time Extension Request for Tentative Map TM 13-11 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 10.B.c Packet Pg. 237 Attachment: TM 13-11 Final Time Extension Conditions of Approval [Revision 1] (2729 : Time Extension Request for Tentative Map TM 13-11 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 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 10.B.c Packet Pg. 238 Attachment: TM 13-11 Final Time Extension Conditions of Approval [Revision 1] (2729 : Time Extension Request for Tentative Map TM 13-11 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 10.B.c Packet Pg. 239 Attachment: TM 13-11 Final Time Extension Conditions of Approval [Revision 1] (2729 : Time Extension Request for Tentative Map TM 13-11 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 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 10.B.c Packet Pg. 240 Attachment: TM 13-11 Final Time Extension Conditions of Approval [Revision 1] (2729 : Time Extension Request for Tentative Map TM 13-11 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. 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 10.B.c Packet Pg. 241 Attachment: TM 13-11 Final Time Extension Conditions of Approval [Revision 1] (2729 : Time Extension Request for Tentative Map TM 13-11 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. 10.B.c Packet Pg. 242 Attachment: TM 13-11 Final Time Extension Conditions of Approval [Revision 1] (2729 : Time Extension Request for Tentative Map TM 13-11 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 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. 10.B.c Packet Pg. 243 Attachment: TM 13-11 Final Time Extension Conditions of Approval [Revision 1] (2729 : Time Extension Request for Tentative Map TM 13-11 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 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 10.B.c Packet Pg. 244 Attachment: TM 13-11 Final Time Extension Conditions of Approval [Revision 1] (2729 : Time Extension Request for Tentative Map TM 13-11 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 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. 10.B.c Packet Pg. 245 Attachment: TM 13-11 Final Time Extension Conditions of Approval [Revision 1] (2729 : Time Extension Request for Tentative Map TM 13-11 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 des ign 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 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. 10.B.c Packet Pg. 246 Attachment: TM 13-11 Final Time Extension Conditions of Approval [Revision 1] (2729 : Time Extension Request for Tentative Map TM 13-11 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. 10.B.c Packet Pg. 247 Attachment: TM 13-11 Final Time Extension Conditions of Approval [Revision 1] (2729 : Time Extension Request for Tentative Map TM 13-11 10.B.c Packet Pg. 248 Attachment: TM 13-11 Final Time Extension Conditions of Approval [Revision 1] (2729 : Time Extension Request for Tentative Map TM 13-11 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 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 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 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 Prior to Issuance of Demolition Permit or Grading Permit Review of Project Plans; Construction Inspections Building & Safety Division 10.B.c Packet Pg. 249 Attachment: TM 13-11 Final Time Extension Conditions of Approval [Revision 1] (2729 : Time Extension Mitigation Measure Monitoring Phase/Timing Monitoring Procedure Implementing Party/Agency Verification of Compliance Initials Date Remarks 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 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 Prior to Issuance of Demolition Permit or Grading Permit Review of Project Plans; Construction Inspections Planning Division 10.B.c Packet Pg. 250 Attachment: TM 13-11 Final Time Extension Conditions of Approval [Revision 1] (2729 : Time Extension Mitigation Measure Monitoring Phase/Timing Monitoring Procedure Implementing Party/Agency Verification of Compliance 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. 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. 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 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 Prior to Issuance of Demolition Permit or Grading Permit Review of Project Plans; Construction Inspections Planning Division 10.B.c Packet Pg. 251 Attachment: TM 13-11 Final Time Extension Conditions of Approval [Revision 1] (2729 : Time Extension Mitigation Measure Monitoring Phase/Timing Monitoring Procedure Implementing Party/Agency Verification of Compliance Initials Date Remarks 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. 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 Prior to Issuance of Demolition Permit or Grading Permit Review of Project Plans; Construction Inspections Planning Division Building & Safety Division 10.B.c Packet Pg. 252 Attachment: TM 13-11 Final Time Extension Conditions of Approval [Revision 1] (2729 : Time Extension Mitigation Measure Monitoring Phase/Timing Monitoring Procedure Implementing Party/Agency Verification of Compliance Initials Date Remarks 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 10.B.c Packet Pg. 253 Attachment: TM 13-11 Final Time Extension Conditions of Approval [Revision 1] (2729 : Time Extension Mitigation Measure Monitoring Phase/Timing Monitoring Procedure Implementing Party/Agency Verification of Compliance Initials Date Remarks 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 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 10.B.c Packet Pg. 254 Attachment: TM 13-11 Final Time Extension Conditions of Approval [Revision 1] (2729 : Time Extension Mitigation Measure Monitoring Phase/Timing Monitoring Procedure Implementing Party/Agency Verification of Compliance Initials Date Remarks 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. 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. Prior to Issuance of Demolition Permit or Grading Permit Review of Project Plans; Construction Inspections Planning Division Engineering Division Building & Safety Division 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 Prior to Issuance of Demolition Permit or Grading Permit Review of Project Plans Planning Division Building & Safety Division 10.B.c Packet Pg. 255 Attachment: TM 13-11 Final Time Extension Conditions of Approval [Revision 1] (2729 : Time Extension Mitigation Measure Monitoring Phase/Timing Monitoring Procedure Implementing Party/Agency Verification of Compliance Initials Date Remarks 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 Prior to Issuance of a Building Permit Enter into an agreement Engineering Division 10.B.c Packet Pg. 256 Attachment: TM 13-11 Final Time Extension Conditions of Approval [Revision 1] (2729 : Time Extension Mitigation Measure Monitoring Phase/Timing Monitoring Procedure Implementing Party/Agency Verification of Compliance Initials Date Remarks 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. Prior to Issuance of a Building Permit Enter into an agreement Engineering Division 10.B.c Packet Pg. 257 Attachment: TM 13-11 Final Time Extension Conditions of Approval [Revision 1] (2729 : Time Extension Mitigation Measure Monitoring Phase/Timing Monitoring Procedure Implementing Party/Agency Verification of Compliance Initials Date Remarks 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. 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) 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) Prior to Issuance of a Building Permit Enter into an agreement Engineering Division 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 Prior to Issuance of a Building Permit Enter into an agreement Engineering Division 10.B.c Packet Pg. 258 Attachment: TM 13-11 Final Time Extension Conditions of Approval [Revision 1] (2729 : Time Extension Mitigation Measure Monitoring Phase/Timing Monitoring Procedure Implementing Party/Agency Verification of Compliance Initials Date Remarks 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. 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.) 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, Prior to Issuance of a Building Permit Enter into an agreement Engineering Division 10.B.c Packet Pg. 259 Attachment: TM 13-11 Final Time Extension Conditions of Approval [Revision 1] (2729 : Time Extension Mitigation Measure Monitoring Phase/Timing Monitoring Procedure Implementing Party/Agency Verification of Compliance Initials Date Remarks 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 Prior to Issuance of a Building Permit Enter into an agreement Engineering Division 10.B.c Packet Pg. 260 Attachment: TM 13-11 Final Time Extension Conditions of Approval [Revision 1] (2729 : Time Extension Mitigation Measure Monitoring Phase/Timing Monitoring Procedure Implementing Party/Agency Verification of Compliance Initials Date Remarks 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. 10.B.c Packet Pg. 261 Attachment: TM 13-11 Final Time Extension Conditions of Approval [Revision 1] (2729 : Time Extension City of Gilroy STAFF REPORT Agenda Item Title: Approval of Updated Temporary Memorandums of Agreement with AFSCME Local 101, Gilroy Management Association, and the Gilroy Police Officers Association, and Temporary Policy Memorandums with Unrepresented Employees in Response to the COVID-19 Pandemic and Shelter in Place Orders Meeting Date: May 4, 2020 From: Jimmy Forbis, Interim City Administrator Department: Human Resources Department Submitted By: LeeAnn McPhillips Prepared By: LeeAnn McPhillips Strategic Plan Goals ☐ Fiscal Stability ☐ Downtown Revitalization ☐ Economic Development ☐ Neighborhood Services ☐ Enhanced Public Safety Workforce Stability ☐ Public Engagement RECOMMENDATION 10.C Packet Pg. 262 Approve, and authorize the Interim City Administrator to execute: a) An updated temporary memorandum of agreement with the American Federation of State, County, and Municipal Employees (AFSCME), Local 101 regarding wages, hours and working conditions in response to the COVID-19 pandemic and shelter in place orders. b) An updated temporary memorandum of agreement with the Gilroy Management Association regarding wages, hours and working conditions in response to the COVID-19 pandemic and shelter in place orders.. c) An updated temporary memora ndum of agreement with the Gilroy Police Officers Association regarding wages, hours and working conditions in response to the COVID-19 pandemic. d) An updated temporary policy memorandum with unrepresented employees in each of the following groups in response to the COVID-19 pandemic and shelter in place orders: 1. Full-time Unrepresented Confidential Non-Exempt & Exempt Employees 2. Full-time Unrepresented Council-Appointed Employees 3. Part-Time/Temporary/Seasonal Unrepresented Hourly & Exempt Employees BACKGROUND In response to the Coronavirus (COVID-19) pandemic, on March 13, 2020, the City of Gilroy declared a state of emergency that was later ratified by the Gilroy City Council on March 16, 2020. In addition, on March 16, 2020, the Santa Clara Count y Department of Public Health issued a directive to all individuals living in the county to shelter in their place of residence beginning March 17, 2020. Under the shelter in place order, only very limited essential businesses and services can be open to t he public. As a result, many of the City’s non-essential employees must shelter in their place of residence. At this time, other than our emergency responders, only limited City staff are working to support our public safety departments and provide basic a nd essential services to the community. At this time, the Shelter in Place Order has been extended to at least May 31, 2020. EXECUTIVE SUMMARY The mandatory shelter in place order along with some recent federal regulations issued in response to COVID-19 has resulted in some impacts to employee wages, hours and working conditions that are mandatory subjects of bargaining under the Miles Milias Brown Act. In addition, Gilroy’s emergency responders are working in an unprecedented environment to provide emergency medical services, fire response, and law enforcement services and response to the Gilroy community. In light of the rapidly evolving situation, and following the direction of the Gilroy City Council, the City has been regularly communicating with all o f the City’s bargaining units to address matters related to wages, hours, and working conditions of city employees resulting from the COVID-19 pandemic and shelter in place order. As a result of the 10.C Packet Pg. 263 continued discussions, the City has reached updated temporary agreements with all recognized bargaining units for the period beginning May 1, 2020. In addition, similar policy memoranda have been developed for the City’s unrepresented employees. A copy of each updated agreement and policy memorandum is attached; however, the following summarizes the updates to the agreements made with each of the recognized bargaining units and outlines the updates to the terms of policy memoranda for unrepresented employees: AFSCME, Local 101: Beginning May 1, 2020, employees w ill utilize available Emergency Paid Sick Leave, Expanded Family Medical Leave, or other accrued leave time (sick leave, personal leave, vacation leave, compensatory time) to cover any time the employee is not working. Employees may carry over any personal leave hours not used in FY 20 to FY 21. Carry over hours are not vested, do not have any cash value, and can only be used for time off. Clarified terms of COVID-19 sick leave for those employees designated as emergency responders. Gilroy Management Association: Beginning May 1, 2020, employees will utilize available Emergency Paid Sick Leave, Expanded Family Medical Leave, or other accrued leave time (sick leave, personal leave, administrative leave, vacation leave) to cover any time the employee is not working. Employees may carry over any personal leave hours not used in FY 20 to FY 21 . Carry over hours are not vested, do not have any cash value, and can only be used for time off. Employees may carry over any administrative leave hours not used in FY 20 t o FY 21. Carry over hours are not vested, do not have any cash value, and can only be used for time off. Clarified terms of COVID-19 sick leave for those employees designated as emergency responders. Gilroy Police Officers Association: Employees may carry over any personal leave hours not used in FY 20 to FY 21. Carry over hours are not vested, do not have any cash value, and can only be used for time off. Clarified terms of COVID-19 sick leave for those employees designated as emergency responders. 10.C Packet Pg. 264 Full-Time Unrepresented Confidential Non-Exempt & Exempt Employees: Beginning May 1, 2020, employees will utilize available Emergency Paid Sick Leave, Expanded Family Medical Leave, or other accrued leave time (sick leave, personal leave, administrative leave, vacation leave) to cover any time the employee is not working. Employees may carry over any personal leave hours not used in FY 20 to FY 21. Carry over hours are not vested, do not have any cash value, and can only be used for time off. Employees may carry over any administrative leave (if applicable) hours not used in FY 20 to FY 21. Carry over hours are not vested, do not have any cash value, and can only be used for time off. Clarified terms of COVID-19 sick leave for those employees designated as emergency responders. Full-Time, City Council-Appointed Employees (Interim City Administrator & City Clerk): Beginning May 1, 2020, employees will utilize available Emergency Paid Sick Leave, Expanded Family Medical Leave, or other accrued leave time (sick leave, personal leave, administrative leave, vacation leave) to cover any time the employee is not working. Employees may carry over any personal leave hours not used in FY 20 to FY 21. Carry over hours are not vested, do not have any cash value, and can only be used for time off. Employees may carry over any administrative leave hours not used in FY 20 to FY 21. Carry over hours are not vested, do not have any cash value, and can only be used for time off. Part-Time/Temporary/Seasonal Unrepresented Hourly & Exempt Employees: Beginning May 1, 2020, nearly all part-time/temporary/seasonal employees have been furloughed. Beginning May 1, 2020, employees will utilize available Emergency Paid Sick Leave or Expanded Family Medical Leave to cover any time the employee is not working. Clarified terms of COVID-19 sick leave for those employees designated as emergency responders. 10.C Packet Pg. 265 FISCAL IMPACT There is no new budget request needed for the provision of these updated temporary employee agreements or policy memoranda. Existing budget allocations for employee wages can cover the emergency sick leave and expanded family medical leave pay being provided to employees. While doubtful, there may be federal reimbursement for the federally mandated emergency sick leave and emergency f amily leave benefits. The City does expect to experience loss of revenue in certain departments where revenue offsets the cost of staff and this will likely result in an impact to the General Fund. We anticipate that this revenue loss can be offset by savings due to vacant positions and/or other savings resulting from the temporary closure of City offices to include canceled training, canceled programs/materials/supplies, and/or other similar cost reductions. CONCLUSION Gilroy’s emergency responders are doing an amazing job serving the community during this difficult time. We appreciate their continued dedication and hope that all employees working remain safe and illness free. We appreciate the employees performing essential work to continue to serve the community as best as possible given the current circumstances. All employees want to be back at work serving the community as soon as it is safe to do so. Attachments: 1. Updated AFSCME TMOA COVID 19 for Period Beginning May 1 2020 2. Updated GMA TMOA COVID 19 for Period Beginning May 1 2020 3. Updated GPOA TMOA COVID 19 for the Period Beginning May 1, 2020 4. Updated COVID 19 Policy Memorandum Unrepresented FT Employees final for Period Beginning May 1, 2020 5. Updated COVID 19 Policy Memorandum Council Appointed Employe es for Period Beginning May 1, 2020 6. Updated COVID 19 Policy Memorandum Unrepresented PT Temp Seasonal Employees for Period Beginning May 1, 2020 10.C Packet Pg. 266 10.C.a Packet Pg. 267 Attachment: Updated AFSCME TMOA COVID 19 for Period Beginning May 1 2020 (2775 : Updated Temporary Agreements with Employee Groups due to 10.C.a Packet Pg. 268 Attachment: Updated AFSCME TMOA COVID 19 for Period Beginning May 1 2020 (2775 : Updated Temporary Agreements with Employee Groups due to 10.C.a Packet Pg. 269 Attachment: Updated AFSCME TMOA COVID 19 for Period Beginning May 1 2020 (2775 : Updated Temporary Agreements with Employee Groups due to 10.C.a Packet Pg. 270 Attachment: Updated AFSCME TMOA COVID 19 for Period Beginning May 1 2020 (2775 : Updated Temporary Agreements with Employee Groups due to 10.C.a Packet Pg. 271 Attachment: Updated AFSCME TMOA COVID 19 for Period Beginning May 1 2020 (2775 : Updated Temporary Agreements with Employee Groups due to City of Gilroy and Gilroy Management Association (GMA) Temporary Memorandum of Agreement To Address COVID-19 For the Period Beginning May 1, 2020 On March 16, 2020, the City Council for the City of Gilroy (“City”) adopted a resolution declaring a state of emergency in response to the COVID-19 pandemic. On March 16, 2020, Santa Clara County issued an “Order Of The Health Officer Of The County Of Santa Clara Directing All Individuals Living In The County To Shelter At Their Place Of Residence Except That They May Leave To Provide Or Receive Certain Essential Services Or Engage In Certain Essential Activities And Work For Essential Businesses And Governmental Services; Exempting Individuals Experiencing Homelessness From The Shelter In Place Order But Urging Them To Find Shelter And Government Agencies To Provide It; Directing All Businesses And Governmental Agencies To Cease Non-Essential Operations At Physical Locations In The County; Prohibiting All Non- Essential Gatherings Of Any Number Of Individuals; And Ordering Cessation Of All Non-Essential Travel.” (Shelter in Place Order.) The Santa Clara County Shelter in Place Order directs residents to shelter at their place of residence and restricts travel for both residents and non-residents of the County. The Shelter in Place Order identifies specific exceptions, including travel and work required to perform Essential Government Functions and Minimum Basic Operations. On March 18, 2020, the President signed the Families First Coronavirus Response Act (“FFCRA”), which establishes both the Emergency Paid Sick Leave (EPSL)(Section 5102) and Emergency Family and Medical Leave (EFMLA)(Section 3102) Programs. The City of Gilroy has the option to exclude Emergency Responders from eligibility for EPSL and EFMLA. On April 8, 2020, following City Council approval on April 6, 2020, the City and GMA executed a Temporary Memorandum of Agreement covering the use of EPSL, EFMLA, and Temporary Emergency Pay for the period from the beginning of the Shelter in Place Order through April 30, 2020. The following represents the Parties’ mutual understanding regarding the working conditions for City employees in the bargaining unit represented by the Gilroy Management Association (GMA) for the period beginning May 1, 2020 through the end of the Shelter in Place Order. The Parties also understand that the situation continues to evolve and that conditions will be subject to change. 1. All employees in the bargaining unit represented by GMA are designated as Disaster Service Workers under California Government Coder Section 3100, et seq. and are required to be available to work during the Shelter in Place Order. 2. Employees who are required to come to the worksite to maintain Essential Government Functions or to provide Minimum Basic Operations are expected to work onsite to provide services, either on a full-time, a part time, or a periodic basis. To the extent possible, the City will preschedule employees’ onsite work and will provide as much notice as possible when employees are unexpectedly called in to a worksite. While at the 10.C.b Packet Pg. 272 Attachment: Updated GMA TMOA COVID 19 for Period Beginning May 1 2020 (2775 : Updated Temporary Agreements with Employee Groups City of Gilroy and Gilroy Management Association Temporary Agreement to Address the Impacts of COVID-19 For the Period Beginning May 1, 2020 2 worksite, employees are expected to maintain social distancing, hand washing, use appropriate PPE, and other protocols instituted to reduce the spread of COVID-19. 3. Employees who have an approved Emergency Telecommuting Agreement and are assigned to perform essential work remotely for all or a portion of their normal work shift will be permitted to do so where practical. 4. Emergency Paid Sick Leave a. Effective April 1, each eligible bargaining unit employee was credited Emergency Paid Sick Leave (EPSL) pursuant to the FFCRA. Each eligible bargaining unit employee received a bank of hours equal to the number of hours the employee works on average over a 2-week period (e.g., a full-time employee will receive 80 hours). EPSL is used to cover any absences when the employee is not at the worksite and is not performing remote work pursuant to an Emergency Telecommuting Agreement due to the Shelter in Place Order. EPSL may also be used to cover any other absence permitted under the FFCRA. 1 EPSL has no cash value and may only be used to cover qualified absences through December 31, 2020. b. Effective May 1, 2020, in the event an eligible employee’s pay rate exceeds the maximum hourly payment under the EPSL, the employee will be permitted to utilize leave time (sick leave, personal leave, vacation leave, or compensatory time, in that order) to make up the difference between the eligible employee’s hourly pay rate and the maximum EPSL pay during the period beginning May 1, 2020 through the termination of the Shelter in Place Order or December 31, 2020. To limit the impact on payroll, the parties agree that employees will be deemed to have elected to utilize leave time in the order identified unless they request in writing not to integrate leave (and to be paid at the FFCRA maximum for the type of leave they are using). c. Emergency Responders are excluded from EPSL2 1 FFCRA defines additional reasons EPSL may be used while the employee receives full pay: employee is unable to work because the employee is quarantined (pursuant to Federal, State or Local Government order or advice of a health care provider) and/or the employee is experiencing COVID-19 symptoms and is seeking a medical diagnosis. Under EPSL, eighty (80) hours at two-thirds pay can be granted if the employee is unable to work because of a bona fide need to care for an individual subject to quarantine (pursuant to Federal, State or Local Government order or advice of a health care provider), or to care for a child (under 18 years of age) whose school or child care provider is closed or unavailable due to COVID-19, and/or the employee is experiencing a substantially similar condition as specified by the Secretary of Health and Human Services, in consultation with the Secretaries of Treasury and Labor. 2 Emergency responders excluded from EPSL are: Fire Division Chief, Police Captain, and Records/Property & Evidence/Crime Analysis Manager 10.C.b Packet Pg. 273 Attachment: Updated GMA TMOA COVID 19 for Period Beginning May 1 2020 (2775 : Updated Temporary Agreements with Employee Groups City of Gilroy and Gilroy Management Association Temporary Agreement to Address the Impacts of COVID-19 For the Period Beginning May 1, 2020 3 5. Expanded Family Medical Leave Act (EFMLA) and Public Health Emergency Paid Leave (PHEPL) a. The Family Medical Leave Act (FMLA) and California Family Rights Act (CFRA) provide 12 weeks of unpaid, job-protected leave per 12-month period to employees to care for themselves or seriously ill family members. Employees are eligible for FMLA/CFRA leave if they have worked at least 1,250 hours in the preceding 12-month period. b. The EFMLA expands certain eligibility provisions of the FMLA, but does not provide additional time beyond the 12 total weeks available for FMLA leave. c. Employees are eligible for EFMLA leave if the following requirements are met: i. The employee has worked for the City for at least 30 calendar days; and ii. The employee is unable to work (or telework) due to a need to care for their son or daughter (under 18 years of age, or 18 years of age or older and incapable of self-care because of a mental or physical disability) whose school or place of care has been closed, or who’s child care provider is unavailable due to a COVID–19 emergency declared by either a Federal, State, or local authority. iii. The employee provided reasonable notice of the need for the leave. iv. The City has excluded emergency responders from eligibility for EFMLA/PHEPL.3 d. Under FMLA, employees are eligible for up to 12 weeks of job-protected FMLA leave during a 12-month period, commencing on the first day the employee takes leave. EFMLA does not provide additional leave beyond this amount, therefore any EFMLA granted counts toward the total 12 weeks of available FMLA leave within a 12-month period. e. The first 10 days of EFMLA shall be unpaid; however, the employee may elect to utilize accrued leaves, including EPSL, during this period. After the tenth (10th) day of EFMLA leave, the employee is entitled to PHEPL paid at two-thirds of the employee’s regular rate of pay, up to a cap of $200.00 per day and $10,000.00 total. 6. Employee’s shall be compensated for their regular earnings using the following order: 3 Emergency responders excluded from EFMLA/PHEPL are: Fire Division Chief, Police Captain, and Records/Property & Evidence/Crime Analysis Manager 10.C.b Packet Pg. 274 Attachment: Updated GMA TMOA COVID 19 for Period Beginning May 1 2020 (2775 : Updated Temporary Agreements with Employee Groups City of Gilroy and Gilroy Management Association Temporary Agreement to Address the Impacts of COVID-19 For the Period Beginning May 1, 2020 4 a. Paid work hours b. EPSL (if employee eligible) c. EFMLA/PHEPL (if employee eligible) d. Employee’s leaves (sick leave, personal leave, administrative leave, vacation leave) e. If the employee does not have sufficient leave to cover their regular work hours, the employee will be placed on unpaid leave. f. Unpaid leave time will be treated consistent with the City of Gilroy Human Resources Rules and Regulations for Unpaid Medical Leaves of Absence 7. COVID-19 Sick Leave for Emergency Responders. a. Emergency Responders are essential, are currently scheduled to work their regular work hours, and are hereby excluded from eligibility for both EFMLA (Sections 3101, et seq.) and EPSL (Sections 5101 et seq.) benefits under the FFCRA. However, effective April 1, 2020 the City provided each bargaining unit member with eighty (80) hours of COVID-19 Sick Leave (C19 Sick Leave) to use for COVID-19 exposures that occur in the work place or from the employee’s immediate household. C19 Sick Leave will be placed in a separate bank, and may be used solely to cover qualified absences through December 31, 2020. C19 Sick Leave has no cash value and will expire on December 31, 2020. b. The following are qualified absences for C19 Sick Leave that have been determined by the City to have occurred while on duty at work or from the employee’s immediate household: i. The employee has been diagnosed with COVID-19; ii. The employee is experiencing symptoms of COVID-19, has seen a health care provider based on those symptoms, and is awaiting a medical diagnosis; iii. The employee has had a confirmed direct exposure to COVID-19, has seen a health care provider based on that exposure, and is awaiting a medical diagnosis; or iv. The employee has been advised by a health care provider to self- quarantine due to concerns related to COVID–19. C19 Sick Leave is not intended to cover regular, non-COVID related illnesses, or exposures that occur from the employee not following CDC guidelines or State and Local Shelter in Place Orders. 10.C.b Packet Pg. 275 Attachment: Updated GMA TMOA COVID 19 for Period Beginning May 1 2020 (2775 : Updated Temporary Agreements with Employee Groups City of Gilroy and Gilroy Management Association Temporary Agreement to Address the Impacts of COVID-19 For the Period Beginning May 1, 2020 5 8. Beginning with the March payroll to be issued on April 1, 2020 and through December payroll to be issued on January 2, 2021, vacation caps are suspended. However, vacation earned in excess of the existing cap (“Excess Vacation”) is not vested and has no cash value (e.g., Excess Vacation will not be paid out upon separation, to include retirement). Employees are expected to bring vacation balances within the existing MOU cap by January 1, 2021. Current MOU vacation caps will be enforced beginning with the January 2021 payroll to be issued on February 1, 2021. Any Excess Vacation will be forfeited at that time. 9. Personal Leave hours granted in FY 20 and not used by June 30, 2020 will carry over to FY 21. However, Personal Leave hours carried over from FY 20 to FY 21 are not vested and have no cash value (e.g., hours carried over from FY 20 to FY 21 will not be paid out upon separation, to include retirement). Personal Leave hours carried over from FY 20 to FY 21 can only be taken as planned time off and, if not used, will be forfeited on June 30, 2021. 10. Administrative Leave hours granted in FY 20 and not used by June 30, 2020 will carry over to FY 21. However, Administrative Leave hours carried over from FY 20 to FY 21 are not vested and have no cash value (e.g., hours carried over from FY 20 to FY 21 will not be paid out upon separation, to include retirement). Administrative Leave hours carried over from FY 20 to FY 21 can only be taken as planned time off and, if not used, will be forfeited on June 30, 2021. 11. While the foregoing represents the parties’ best efforts to provide fair compensation to City employees, the situation continues to evolve. Consistent with the City Council’s Declaration of Emergency, the City will notify GMA of any changes to working conditions for bargaining unit employees. Upon request, the City will meet and confer over any changes in working conditions as soon as practicable after implementation. FOR CITY OF GILROY FOR GILROY MANAGEMENT ASSOCIATION _______________________________ _______________________________ Jimmy Forbis, Interim City Administrator Gary Heap, President 10.C.b Packet Pg. 276 Attachment: Updated GMA TMOA COVID 19 for Period Beginning May 1 2020 (2775 : Updated Temporary Agreements with Employee Groups City of Gilroy and Gilroy Management Association Temporary Agreement to Address the Impacts of COVID-19 For the Period Beginning May 1, 2020 6 _______________________________ _______________________________ LeeAnn McPhillips, Human Resources Julie Wyrick, Vice President Director/Risk Manager 10.C.b Packet Pg. 277 Attachment: Updated GMA TMOA COVID 19 for Period Beginning May 1 2020 (2775 : Updated Temporary Agreements with Employee Groups 10.C.c Packet Pg. 278 Attachment: Updated GPOA TMOA COVID 19 for the Period Beginning May 1, 2020 (2775 : Updated Temporary Agreements with Employee 10.C.c Packet Pg. 279 Attachment: Updated GPOA TMOA COVID 19 for the Period Beginning May 1, 2020 (2775 : Updated Temporary Agreements with Employee 10.C.c Packet Pg. 280 Attachment: Updated GPOA TMOA COVID 19 for the Period Beginning May 1, 2020 (2775 : Updated Temporary Agreements with Employee Page 1 of 4 City of Gilroy 7351 Rosanna Street GILROY, CALIFORNIA 95020 Telephone (408) 846-0202 FAX: (408) 846-0500 http://www.ci.gilroy.ca.us Jimmy Forbis Interim City Administrator Emergency Policy Memorandum Effective May 1, 2020 To: All Full-Time Unrepresented Employees, to include: Confidential, Non-Exempt Employees Confidential, Exempt, Mid-Management Employees Confidential, Exempt, Department Head Employees From: Jimmy Forbis, Interim City Administrator Subject: COVID-19 Employee Regulations, Compensation, and Leaves On March 16, 2020, the City Council for the City of Gilroy (“City”) adopted a resolution declaring a state of emergency in response to the COVID-19 pandemic. On March 16, 2020, Santa Clara County issued an “Order Of The Health Officer Of The County Of Santa Clara Directing All Individuals Living In The County To Shelter At Their Place Of Residence Except That They May Leave To Provide Or Receive Certain Essential Services Or Engage In Certain Essential Activities And Work For Essential Businesses And Governmental Services; Exempting Individuals Experiencing Homelessness From The Shelter In Place Order But Urging Them To Find Shelter And Government Agencies To Provide It; Directing All Businesses And Governmental Agencies To Cease Non-Essential Operations At Physical Locations In The County; Prohibiting All Non-Essential Gatherings Of Any Number Of Individuals; And Ordering Cessation Of All Non-Essential Travel.” (Shelter in Place Order.) The Santa Clara County Shelter in Place Order directs residents to shelter at their place of residence and restricts travel for both residents and non-residents of the County. The Shelter in Place Order identifies specific exceptions, including travel and work required to perform Essential Government Functions and Minimum Basic Operations. On March 18, 2020, the President signed the Families First Coronavirus Response Act (“FFCRA”), which establishes both the Emergency Paid Sick Leave (EPSL)(Section 5102) and Emergency Family and Medical Leave (EFMLA)(Section 3102) Programs. The City of Gilroy has the option to exclude Emergency Responders from eligibility for EPSL and EFMLA. The following represents the policy direction regarding the current working conditions for City employees who are full-time and unrepresented for the period beginning May 1, 2020 through the end of the Shelter in Place Order. This situation continues to evolve and conditions will be subject to change. 10.C.d Packet Pg. 281 Attachment: Updated COVID 19 Policy Memorandum Unrepresented FT Employees final for Period Beginning May 1, 2020 (2775 : Updated Page 2 of 4 1. All full-time unrepresented employees are designated as Disaster Service Workers under California Government Coder Section 3100, et seq. and are required to be available to work during the Shelter in Place Order. 2. Employees who are required to come to the worksite to maintain Essential Government Functions or to provide Minimum Basic Operations are expected to work onsite to provide services, either on a full- time, a part time, or a periodic basis. To the extent possible, the City will preschedule employees’ onsite work and will provide as much notice as possible when employees are unexpectedly called in to a worksite. While at the worksite, employees are expected to maintain social distancing, hand washing, use appropriate PPE, and other protocols instituted to reduce the spread of COVID-19. 3. Employees who have an approved Emergency Telecommuting Agreement and are assigned to perform work remotely for all or a portion of their normal work shift will be permitted to do so where practical. 4. Emergency Paid Sick Leave a. Effective April 1, each eligible unrepresented employee was credited Emergency Paid Sick Leave (EPSL) pursuant to the FFCRA. Each eligible unrepresented employee received a bank of hours equal to the number of hours the employee works on average over a 2-week period (e.g., a full-time employee will receive 80 hours). EPSL is used to cover any absences when the employee is not at the worksite and is not performing remote work pursuant to an Emergency Telecommuting Agreement due to the Shelter in Place Order. EPSL may also be used to cover any other absence permitted under the FFCRA. 1 EPSL has no cash value and may only be used to cover qualified absences through December 31, 2020. b. Effective May 1, 2020, in the event an eligible employee’s pay rate exceeds the maximum hourly payment under the EPSL, the employee will be permitted to utilize leave time (sick leave, personal leave, administrative leave {if applicable},vacation leave, or compensatory time {if applicable} in that order) to make up the difference between the eligible employee’s hourly pay rate and the maximum EPSL pay during the period beginning May 1, 2020 through the termination of the Shelter in Place Order or December 31, 2020. To limit the impact on payroll, the parties agree that employees will be deemed to have elected to utilize leave time in the order identified unless they request in writing not to integrate leave (and to be paid at the FFCRA maximum for the type of leave they are using). c. Emergency Responders are excluded from EPSL2 5. Expanded Family Medical Leave Act (EFMLA) and Public Health Emergency Paid Leave (PHEPL) a. The Family Medical Leave Act (FMLA) and California Family Rights Act (CFRA) provide 12 weeks of unpaid, job-protected leave per 12-month period to employees to care for themselves or 1 FFCRA defines additional reasons EPSL may be used while the employee receives full pay: employee is unable to work because the employee is quarantined (pursuant to Federal, State or Local Government order or advice of a health care provider) and/or the employee is experiencing COVID-19 symptoms and is seeking a medical diagnosis. Under EPSL, eighty (80) hours at two-thirds pay can be granted if the employee is unable to work because of a bona fide need to care for an individual subject to quarantine (pursuant to Federal, State or Local Government order or advice of a health care provider), or to care for a child (under 18 years of age) whose school or child care provider is closed or unavailable due to COVID-19, and/or the employee is experiencing a substantially similar condition as specified by the Secretary of Health and Human Services, in consultation with the Secretaries of Treasury and Labor. 2 Emergency responders excluded from EPSL are: Police Chief, Fire Chief or any other unrepresented emergency responder designated by the City. 10.C.d Packet Pg. 282 Attachment: Updated COVID 19 Policy Memorandum Unrepresented FT Employees final for Period Beginning May 1, 2020 (2775 : Updated Page 3 of 4 seriously ill family members. Employees are eligible for FMLA/CFRA leave if they have worked at least 1,250 hours in the preceding 12-month period. b. The EFMLA expands certain eligibility provisions of the FMLA, but does not provide additional time beyond the 12 total weeks available for FMLA leave. c. Employees are eligible for EFMLA leave if the following requirements are met: i. The employee has worked for the City for at least 30 calendar days; and ii. The employee is unable to work (or telework) due to a need to care for their son or daughter (under 18 years of age, or 18 years of age or older and incapable of self-care because of a mental or physical disability) whose school or place of care has been closed, or who’s child care provider is unavailable due to a COVID–19 emergency declared by either a Federal, State, or local authority. iii. The employee provided reasonable notice of the need for the leave. iv. The City has excluded emergency responders from eligibility for EFMLA/PHEPL.3 d. Under FMLA, employees are eligible for up to 12 weeks of job-protected FMLA leave during a 12-month period, commencing on the first day the employee takes leave. EFMLA does not provide additional leave beyond this amount, therefore any EFMLA granted counts toward the total 12 weeks of available FMLA leave within a 12-month period. e. The first 10 days of EFMLA shall be unpaid; however, the employee may elect to utilize accrued leaves, including EPSL, during this period. After the tenth (10th) day of EFMLA leave, the employee is entitled to PHEPL paid at two-thirds of the employee’s regular rate of pay, up to a cap of $200.00 per day and $10,000.00 total. 6. Employee’s shall be compensated for their regular earnings using the following order: a. Paid work hours b. EPSL (if employee eligible) c. EFMLA/PHEPL (if employee eligible) d. Employee’s leaves (sick leave, personal leave, administrative leave {if applicable}, vacation leave, compensatory time {if applicable}) e. If the employee does not have sufficient leave to cover their regular work hours, the employee will be placed on unpaid leave. f. Unpaid leave time will be treated consistent with the City of Gilroy Human Resources Rules and Regulations for Unpaid Medical Leaves of Absence 7. COVID-19 Sick Leave for Emergency Responders. 3 Emergency responders excluded from EFMLA/PHEPL are: Fire Chief, Police Chief, or any other emergency responder designated by the City. 10.C.d Packet Pg. 283 Attachment: Updated COVID 19 Policy Memorandum Unrepresented FT Employees final for Period Beginning May 1, 2020 (2775 : Updated Page 4 of 4 a. Emergency Responders, including the Fire Chief, Police Chief, are hereby excluded from eligibility for both EFMLA (Sections 3101, et seq.) and EPSL (Sections 5101 et seq.) benefits under the FFCRA. However, the City will provide each first responder with eighty (80) hours of COVID-19 Sick Leave (C19 Sick Leave) to be used for COVID-19 exposures that occur in the work place or the employee’s immediate household. C19 Sick Leave will be placed in a separate bank, and may be used solely to cover qualified absences through December 31, 2020. C19 Sick Leave has no cash value and will expire on December 31, 2020. b. The following are qualified absences for C19 Sick Leave that have been determined by the City to have occurred while the employee was on duty at work or from the employee’s immediate household: i. The employee has been diagnosed with COVID-19; ii. The employee is experiencing symptoms of COVID-19, has seen a health care provider based on those symptoms, and is awaiting a medical diagnosis; iii. The employee has had a confirmed direct exposure to COVID-19, has seen a health care provider based on that exposure, and is awaiting a medical diagnosis; or iv. The employee has been advised by a health care provider to self-quarantine due to concerns related to COVID–19. C19 Sick Leave is not intended to cover regular, non-COVID related illnesses, or exposures that occur from the employee not following CDC guidelines or State and Local Shelter in Place Orders. 8. Beginning with the March payroll to be issued on April 1, 2020 and through December payroll to be issued on January 2, 2021, vacation caps are suspended. However, vacation earned in excess of the existing cap (“Excess Vacation”) is not vested and has no cash value (e.g., Excess Vacation will not be paid out upon separation). Employees are expected to bring vacation balances within the existing MOU cap by January 1, 2021. Current MOU vacation caps will be enforced beginning with the January 2021 payroll to be issued on February 1, 2021. Any Excess Vacation will be forfeited at that time. 9. Personal Leave hours granted in FY 20 and not used by June 30, 2020 will carry over to FY 21. However, Personal Leave hours carried over from FY 20 to FY 21 are not vested and have no cash value (e.g., hours carried over from FY 20 to FY 21 will not be paid out upon separation, to include retirement). Personal Leave hours carried over from FY 20 to FY 21 can only be taken as planned time off and, if not used, will be forfeited on June 30, 2021. 10. Administrative Leave hours (if applicable) granted in FY 20 and not used by June 30, 2020 will carry over to FY 21. However, Administrative Leave hours carried over from FY 20 to FY 21 are not vested and have no cash value (e.g., hours carried over from FY 20 to FY 21 will not be paid out upon separation, to include retirement). Administrative Leave hours carried over from FY 20 to FY 21 can only be taken as planned time off and, if not used, will be forfeited on June 30, 2021. 11. The City of Gilroy will communicate any changes to this policy memorandum as soon as practicable after implementation. 10.C.d Packet Pg. 284 Attachment: Updated COVID 19 Policy Memorandum Unrepresented FT Employees final for Period Beginning May 1, 2020 (2775 : Updated Page 1 of 4 City of Gilroy 7351 Rosanna Street GILROY, CALIFORNIA 95020 Telephone (408) 846-0202 FAX: (408) 846-0500 http://www.ci.gilroy.ca.us Jimmy Forbis Interim City Administrator Emergency Policy Memorandum Effective May 1, 2020 To: All Full-Time Council Appointed Employees, to include: City Administrator City Clerk From: City Council Subject: COVID-19 Employee Regulations, Compensation, and Leaves On March 16, 2020, the City Council for the City of Gilroy (“City”) adopted a resolution declaring a state of emergency in response to the COVID-19 pandemic. On March 16, 2020, Santa Clara County issued an “Order Of The Health Officer Of The County Of Santa Clara Directing All Individuals Living In The County To Shelter At Their Place Of Residence Except That They May Leave To Provide Or Receive Certain Essential Services Or Engage In Certain Essential Activities And Work For Essential Businesses And Governmental Services; Exempting Individuals Experiencing Homelessness From The Shelter In Place Order But Urging Them To Find Shelter And Government Agencies To Provide It; Directing All Businesses And Governmental Agencies To Cease Non-Essential Operations At Physical Locations In The County; Prohibiting All Non-Essential Gatherings Of Any Number Of Individuals; And Ordering Cessation Of All Non-Essential Travel.” (Shelter in Place Order.) The Santa Clara County Shelter in Place Order directs residents to shelter at their place of residence and restricts travel for both residents and non-residents of the County. The Shelter in Place Order identifies specific exceptions, including travel and work required to perform Essential Government Functions and Minimum Basic Operations. On March 18, 2020, the President signed the Families First Coronavirus Response Act (“FFCRA”), which establishes both the Emergency Paid Sick Leave (EPSL)(Section 5102) and Emergency Family and Medical Leave (EFMLA)(Section 3102) Programs. The City of Gilroy has the option to exclude Emergency Responders from eligibility for EPSL and EFMLA. The following represents the policy direction regarding the current working conditions for full-time Council- Appointed employees for the period beginning May 1, 2020 through the end of the Shelter in Place Order. This situation continues to evolve and conditions will be subject to change. 10.C.e Packet Pg. 285 Attachment: Updated COVID 19 Policy Memorandum Council Appointed Employees for Period Beginning May 1, 2020 (2775 : Updated Page 2 of 4 1. All full-time Council-appointed employees are designated as Disaster Service Workers under California Government Coder Section 3100, et seq. and are required to be available to work during the Shelter in Place Order. 2. Employees who are required to come to the worksite to maintain Essential Government Functions or to provide Minimum Basic Operations are expected to work onsite to provide services, either on a full- time, a part time, or a periodic basis. To the extent possible, the City will preschedule employees’ onsite work and will provide as much notice as possible when employees are unexpectedly called in to a worksite. While at the worksite, employees are expected to maintain social distancing, hand washing, use appropriate PPE, and other protocols instituted to reduce the spread of COVID-19. 3. Council-appointed employees may work remotely for all or a portion of their normal work shift and will be permitted to do so where practical. 4. Emergency Paid Sick Leave a. Effective April 1, each eligible Council-appointed employee was credited Emergency Paid Sick Leave (EPSL) pursuant to the FFCRA. Each eligible Council-appointed employee received a bank of hours equal to the number of hours the employee works on average over a 2-week period (e.g., a full-time employee will receive 80 hours). EPSL is used to cover any absences when the employee is not at the worksite and is not performing remote work pursuant to an Emergency Telecommuting Agreement due to the Shelter in Place Order. EPSL may also be used to cover any other absence permitted under the FFCRA. 1 EPSL has no cash value and may only be used to cover qualified absences through December 31, 2020. b. Effective May 1, 2020, in the event an eligible employee’s pay rate exceeds the maximum hourly payment under the EPSL, the employee will be permitted to utilize leave time (sick leave, personal leave, administrative leave {if applicable},vacation leave, or compensatory time {if applicable} in that order) to make up the difference between the eligible employee’s hourly pay rate and the maximum EPSL pay during the period beginning May 1, 2020 through the termination of the Shelter in Place Order or December 31, 2020. To limit the impact on payroll, the parties agree that employees will be deemed to have elected to utilize leave time in the order identified unless they request in writing not to integrate leave (and to be paid at the FFCRA maximum for the type of leave they are using). 5. Expanded Family Medical Leave Act (EFMLA) and Public Health Emergency Paid Leave (PHEPL) a. The Family Medical Leave Act (FMLA) and California Family Rights Act (CFRA) provide 12 weeks of unpaid, job-protected leave per 12-month period to employees to care for themselves or seriously ill family members. Employees are eligible for FMLA/CFRA leave if they have worked at least 1,250 hours in the preceding 12-month period. b. The EFMLA expands certain eligibility provisions of the FMLA, but does not provide additional time beyond the 12 total weeks available for FMLA leave. 1 FFCRA defines additional reasons EPSL may be used while the employee receives full pay: employee is unable to work because the employee is quarantined (pursuant to Federal, State or Local Government order or advice of a health care provider) and/or the employee is experiencing COVID-19 symptoms and is seeking a medical diagnosis. Under EPSL, eighty (80) hours at two-thirds pay can be granted if the employee is unable to work because of a bona fide need to care for an individual subject to quarantine (pursuant to Federal, State or Local Government order or advice of a health care provider), or to care for a child (under 18 years of age) whose school or child care provider is closed or unavailable due to COVID-19, and/or the employee is experiencing a substantially similar condition as specified by the Secretary of Health and Human Services, in consultation with the Secretaries of Treasury and Labor. 10.C.e Packet Pg. 286 Attachment: Updated COVID 19 Policy Memorandum Council Appointed Employees for Period Beginning May 1, 2020 (2775 : Updated Page 3 of 4 c. Employees are eligible for EFMLA leave if the following requirements are met: i. The employee has worked for the City for at least 30 calendar days; and ii. The employee is unable to work (or telework) due to a need to care for their son or daughter (under 18 years of age, or 18 years of age or older and incapable of self-care because of a mental or physical disability) whose school or place of care has been closed, or who’s child care provider is unavailable due to a COVID–19 emergency declared by either a Federal, State, or local authority. iii. The employee provided reasonable notice of the need for the leave. d. Under FMLA, employees are eligible for up to 12 weeks of job-protected FMLA leave during a 12-month period, commencing on the first day the employee takes leave. EFMLA does not provide additional leave beyond this amount, therefore any EFMLA granted counts toward the total 12 weeks of available FMLA leave within a 12-month period. e. The first 10 days of EFMLA shall be unpaid; however, the employee may elect to utilize accrued leaves, including EPSL, during this period. After the tenth (10th) day of EFMLA leave, the employee is entitled to PHEPL paid at two-thirds of the employee’s regular rate of pay, up to a cap of $200.00 per day and $10,000.00 total. 6. Employee’s shall be compensated for their regular earnings using the following order: a. Paid work hours b. EPSL (if employee eligible) c. EFMLA/PHEPL (if employee eligible) d. Employee’s leaves (sick leave, personal leave, administrative leave. vacation leave) e. If the employee does not have sufficient leave to cover their regular work hours, the employee will be placed on unpaid leave. f. Unpaid leave time will be treated consistent with the City of Gilroy Human Resources Rules and Regulations for Unpaid Medical Leaves of Absence 7. Beginning with the March payroll to be issued on April 1, 2020 and through December payroll to be issued on January 2, 2021, vacation caps are suspended. However, vacation earned in excess of the existing cap (“Excess Vacation”) is not vested and has no cash value (e.g., Excess Vacation will not be paid out upon separation). Employees are expected to bring vacation balances within the existing MOU cap by January 1, 2021. Current MOU vacation caps will be enforced beginning with the January 2021 payroll to be issued on February 1, 2021. Any Excess Vacation will be forfeited at that time. 8. Personal Leave hours granted in FY 20 and not used by June 30, 2020 will carry over to FY 21. However, Personal Leave hours carried over from FY 20 to FY 21 are not vested and have no cash value (e.g., hours carried over from FY 20 to FY 21 will not be paid out upon separation, to include retirement). Personal Leave hours carried over from FY 20 to FY 21 can only be taken as planned time off and, if not used, will be forfeited on June 30, 2021. 9. Administrative Leave hours granted in FY 20 and not used by June 30, 2020 will carry over to FY 21. However, Administrative Leave hours carried over from FY 20 to FY 21 are not vested and have no cash value (e.g., hours carried over from FY 20 to FY 21 will not be paid out upon separation, to include 10.C.e Packet Pg. 287 Attachment: Updated COVID 19 Policy Memorandum Council Appointed Employees for Period Beginning May 1, 2020 (2775 : Updated Page 4 of 4 retirement). Administrative Leave hours carried over from FY 20 to FY 21 can only be taken as planned time off and, if not used, will be forfeited on June 30, 2021. 10. The City of Gilroy will communicate any changes to this policy memorandum as soon as practicable after implementation. 10.C.e Packet Pg. 288 Attachment: Updated COVID 19 Policy Memorandum Council Appointed Employees for Period Beginning May 1, 2020 (2775 : Updated Page 1 of 4 City of Gilroy 7351 Rosanna Street GILROY, CALIFORNIA 95020 Telephone (408) 846-0202 FAX: (408) 846-0500 http://www.ci.gilroy.ca.us Jimmy Forbis Interim City Administrator Emergency Policy Memorandum Effective May 1, 2020 To: All Part-Time/Temporary/Seasonal Unrepresented Employees (Hourly and Exempt) From: Jimmy Forbis, Interim City Administrator Subject: COVID-19 Employee Regulations, Compensation, and Leaves for Part- Time/Temporary/Seasonal Unrepresented Employees (Hourly and Exempt) On March 16, 2020, the City Council for the City of Gilroy (“City”) adopted a resolution declaring a state of emergency in response to the COVID-19 pandemic. On March 16, 2020, Santa Clara County issued an “Order Of The Health Officer Of The County Of Santa Clara Directing All Individuals Living In The County To Shelter At Their Place Of Residence Except That They May Leave To Provide Or Receive Certain Essential Services Or Engage In Certain Essential Activities And Work For Essential Businesses And Governmental Services; Exempting Individuals Experiencing Homelessness From The Shelter In Place Order But Urging Them To Find Shelter And Government Agencies To Provide It; Directing All Businesses And Governmental Agencies To Cease Non-Essential Operations At Physical Locations In The County; Prohibiting All Non-Essential Gatherings Of Any Number Of Individuals; And Ordering Cessation Of All Non-Essential Travel.” (Shelter in Place Order.) The Santa Clara County Shelter in Place Order directs residents to shelter at their place of residence and restricts travel for both residents and non-residents of the County. The Shelter in Place Order identifies specific exceptions, including travel and work required to perform Essential Government Functions and Minimum Basic Operations. On March 18, 2020, the President signed the Families First Coronavirus Response Act (“FFCRA”), which establishes both the Emergency Paid Sick Leave (EPSL)(Section 5102) and Emergency Family and Medical Leave (EFMLA)(Section 3102) Programs. The City of Gilroy has the option to exclude Emergency Responders from eligibility for EPSL and EFMLA. While most all part-time/temporary/seasonal employees have been furloughed effective May 1, 2020, the following represents the policy direction regarding the current working conditions for the remaining City employees who are unrepresented part-time/temporary/seasonal for the period beginning May 1, 2020 through the end of the Shelter in Place Order. This situation continues to evolve and conditions will be subject to change. 10.C.f Packet Pg. 289 Attachment: Updated COVID 19 Policy Memorandum Unrepresented PT Temp Seasonal Employees for Period Beginning May 1, 2020 (2775 : Page 2 of 4 1. All current and active part-time/temporary/seasonal unrepresented employees are designated as Disaster Service Workers under California Government Coder Section 3100, et seq. and are required to be available to work during the Shelter in Place Order. 2. Employees who are required to come to the worksite to maintain Essential Government Functions or to provide Minimum Basic Operations are expected to work onsite to provide services on a part-time or periodic basis as needed. To the extent possible, the City will preschedule employees’ onsite work and will provide as much notice as possible when employees are unexpectedly called in to a worksite. While at the worksite, employees are expected to maintain social distancing, hand washing, use appropriate PPE, and other protocols instituted to reduce the spread of COVID-19. 3. Ongoing part-time employees who have an approved Emergency Telecommuting Agreement and are assigned to perform work remotely for all or a portion of their normal work shift will be permitted to do so where practical. Emergency telecommuting will have very limited application to part- time/temporary/seasonal employees. 4. Emergency Paid Sick Leave a. Effective April 1, each eligible unrepresented part-time/temporary/seasonal employee will be credited Emergency Paid Sick Leave (EPSL) pursuant to the FFCRA. Each eligible part- time/temporary/seasonal employee will receive a bank of hours equal to the number of hours the employee is typically scheduled to work over a 2-week period1. EPSL will be used to cover any absences when the employee is not at the worksite and is not performing remote work pursuant to an Emergency Telecommuting Agreement due to the Shelter in Place Order. EPSL may also be used to cover any other absence permitted under the FFCRA. 2 EPSL has no cash value and may only be used to cover qualified absences through December 31, 2020. b. In the event an eligible employee’s pay rate exceeds the maximum hourly payment under the EPSL, the City will provide Temporary Emergency Pay to make up the difference between the eligible employee’s hourly pay rate and the maximum EPSL pay during the period from April 1, 2020 through the earlier of the termination of the Shelter in Place Order or April 30, 2020. c. Emergency responders are cxcluded from EPSL3. 5. Expanded Family Medical Leave Act (EFMLA) and Public Health Emergency Paid Leave (PHEPL) a. The Family Medical Leave Act (FMLA) and California Family Rights Act (CFRA) provide 12 weeks of unpaid, job-protected leave per 12-month period to employees to care for themselves or 1 If the regularly scheduled hours are unknown, or if the employee has a variable work schedule, a six month average will be used to calculate the average daily hours (the six month look back period will be September 21, 2019 – March 20, 2020; if part-time employee was hired during this time period, the average will be calculated from date of hire – March 20, 2020). 2 FFCRA defines additional reasons EPSL may be used while the employee receives regular pay: employee is unable to work because the employee is quarantined (pursuant to Federal, State or Local Government order or advice of a health care provider) and/or the employee is experiencing COVID-19 symptoms and is seeking a medical diagnosis. Under EPSL, regularly scheduled work hours/six month average weekly hours at two-thirds pay can be granted if the employee is unable to work because of a bona fide need to care for an individual subject to quarantine (pursuant to Federal, State or Local Government order or advice of a health care provider), or to care for a child (under 18 years of age) whose school or child care provider is closed or unavailable due to COVID-19, and/or the employee is experiencing a substantially similar condition as specified by the Secretary of Health and Human Services, in consultation with the Secretaries of Treasury and Labor. 3 Emergency responders excluded from EPSL are: Interim Fire Chief, Police Records Technician, Property & Evidence Technician, Reserve Police Officer, and any other similar emergency responder classification designated by the City of Gilroy. 10.C.f Packet Pg. 290 Attachment: Updated COVID 19 Policy Memorandum Unrepresented PT Temp Seasonal Employees for Period Beginning May 1, 2020 (2775 : Page 3 of 4 seriously ill family members. Employees are eligible for FMLA/CFRA leave if they have worked at least 1,250 hours in the preceding 12-month period. b. The EFMLA expands certain eligibility provisions of the FMLA, but does not provide additional time beyond the 12 total weeks available for FMLA leave. c. Employees are eligible for EFMLA leave if the following requirements are met: i. The employee has worked for the City for at least 30 calendar days; and ii. The employee is unable to work (or telework) due to a need to care for their son or daughter (under 18 years of age, or 18 years of age or older and incapable of self-care because of a mental or physical disability) whose school or place of care has been closed, or who’s child care provider is unavailable due to a COVID–19 emergency declared by either a Federal, State, or local authority. iii. The employee provided reasonable notice of the need for the leave. iv. The City has excluded emergency responders from eligibility for EFMLA/PHEPL.4 d. Under FMLA, employees are eligible for up to 12 weeks of job-protected FMLA leave during a 12-month period, commencing on the first day the employee takes leave. EFMLA does not provide additional leave beyond this amount, therefore any EFMLA granted counts toward the total 12 weeks of available FMLA leave within a 12-month period. e. The first 10 days of EFMLA shall be unpaid; however, the employee may elect to utilize EPSL during this period, or Temporary Emergency Pay if unpaid time occurred on or before April 30, 2020. After the tenth (10th) day of EFMLA leave, the employee is entitled to PHEPL paid at two- thirds of the employee’s regular rate of pay, up to a cap of $200.00 per day and $10,000.00 total. 6. Employee’s shall be compensated up to their regular part-time earnings using the following order: a. Paid work hours b. EPSL (if employee eligible) c. EFMLA/PHEPL (if employee eligible) If the above does not bring the employee to their regular part-time earnings, the employee will be in a no pay status. 7. COVID-19 Sick Leave for Emergency Responders. a. Part-Time/Temporary/Seasonal Emergency Responders, including the Interim Fire Chief, Police Records Technicians, Property & Evidence Technicians, and Reserve Police Officers are hereby excluded from eligibility for both EFMLA (Sections 3101, et seq.) and EPSL (Sections 5101 et seq.) benefits under the FFCRA. However, the City will provide each part time emergency responder with COVID-19 Sick Leave (C19 Sick Leave) based on the average hours the employee is typically scheduled to work over a two week period to use for COVID-19 exposures that occur in the work place or from the employee’s immediate household. C19 Sick Leave will 4 Emergency responders excluded from EFMLA/PHEPL are: Interim Fire Chief, Police Records Technician, Property & Evidence Technician, Reserve Police Officer, and any other similar emergency responder classification designated by the City of Gilroy. 10.C.f Packet Pg. 291 Attachment: Updated COVID 19 Policy Memorandum Unrepresented PT Temp Seasonal Employees for Period Beginning May 1, 2020 (2775 : Page 4 of 4 be placed in a separate bank, and may be used solely to cover qualified absences through December 31, 2020. C19 Sick Leave has no cash value and will expire on December 31, 2020. b. The following are qualified absences for C19 Sick Leave that have been determined by the City to have occurred while on duty at work or from the employee’s immediate household: i. The employee has been diagnosed with COVID-19; ii. The employee is experiencing symptoms of COVID-19, has seen a health care provider based on those symptoms, and is awaiting a medical diagnosis; iii. The employee has had a confirmed direct exposure to COVID-19, has seen a health care provider based on that exposure, and is awaiting a medical diagnosis; or iv. The employee has been advised by a health care provider to self-quarantine due to concerns related to COVID–19. C19 Sick Leave is not intended to cover regular, non-COVID related illnesses, or exposures that occur from the employee not following CDC guidelines or State and Local Shelter in Place Orders. 8. The City of Gilroy will communicate any changes to this policy memorandum as soon as practicable after implementation. 10.C.f Packet Pg. 292 Attachment: Updated COVID 19 Policy Memorandum Unrepresented PT Temp Seasonal Employees for Period Beginning May 1, 2020 (2775 :