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Home My WebLink About08/05/2019 City Council - Regular Meeting Packet August 5, 2019 3:46 PM City Council Regular Meeting Agenda Page1 MAYOR 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, AUGUST 5, 2019 CITY COUNCIL PACKET MATERIALS ARE AVAILABLE ONLINE AT www.cityofgilroy.org AGENDA CLOSING TIME IS 5:00 P.M. THE TUESDAY PRIOR TO THE MEETING COMMENTS BY THE PUBLIC WILL BE TAKEN ON AGENDA ITEMS BEFORE ACTION IS TAKEN BY THE CITY COUNCIL. Persons wishing to address the Council are requested, but not required, to complete a Speaker’s Card located at the entrances. Public testimony is subject to reasonable regulations, including but not limited to time restrictions for each individual speaker. A minimum of 12 copies of materials should be provided to the City Clerk for distribution to the Council and Staff. Please limit your comments to 3 minutes. In compliance with the Americans with Disabilities Act, the City will make reasonable arrangements to ensure accessibility to this meeting. If you need special assistance to participate in this meeting, please contact the City Clerk a minimum of 72 hours prior to the meeting at (408) 846-0204. A sound enhancement system is also available for use in the City Council Chambers. If you challenge any planning or land use decision made at this meeting in court, you may be limited to raising only those issues you or someone else raised at the public hearing held at this meeting, or in written correspondence delivered to the City Council at, or prior to, the public hearing. Please take notice that the time within which to seek judicial review of any final administrative determination reached at this meeting is governed by Section 1094.6 of the California Code of Civil Procedure. A Closed Session may be called during this meeting pursuant to Government Code Section 54956.9 (d)(2) if a point has been reached where, in the opinion of the legislative body of the City on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the City. Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packet are available for public inspection with the agenda packet in the lobby of Administration at City Hall, 7351 Rosanna Street during normal business hours. These materials are also 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. City Council Regular Meeting Agenda 08/5/2019 Page2 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. Moment of Silence in Memory of the Victims of the Garlic Festival Incident 2. Pledge of Allegiance 3. Invocation 4. City Clerk's Report on Posting the Agenda 5. Roll Call B. Orders of the Day C. Employee Introductions II. CEREMONIAL ITEMS A. Proclamations, Awards, and Presentations - NONE INTERVIEWS Interviews for One Open Seat on the Library Bond Oversight Committee and Community & Neighborhood Revitalization Committee 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 (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.) A. Caltrans Presentation on State Route 152 Pavement Rehabilitation Project B. Gilroy Gardens Presentation of Its Master Plan Phase I, Proposed Hillside Development City Council Regular Meeting Agenda 08/5/2019 Page3 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, South County Youth Task Force Policy Team (alternate), Street Naming Committee Council Member Tucker –CalTrain Policy Group, 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, 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, VTA Board of Directors Alternate, VTA Policy Advisory Committee, VTA South County City Group Council Member Marques - Gilroy Downtown Business Association Board, 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, Santa Clara Co. Library JPA (alternate), Santa Clara Valley Habitat Agency Governing Board, Santa Clara Valley Habitat Agency Implementation Board, SCVWD Water Committee (alternate), Silicon Valley Clean Energy JPA Board, South County Regional Wastewater Authority, South County United for Health, Street Naming Committee, VTA Committee for Transit Accessibility, VTA Policy Advisory Committee (alternate) Council Member Leroe-Muñoz - ABAG (alternate), CalTrain Policy Group (alternate), Gilroy Youth Task Force, Historic Heritage Committee, SCVWD Water Committee, Silicon Valley Regional Interoperability Authority Board, South County Youth Task Force Policy Team, VTA Mobility Partnership Mayor Velasco - Cities Association of Santa Clara Co. Board of Directors, Economic Development Corporation Board, General Plan Advisory Committee, Gilroy Gardens Board of Directors, Historic Heritage Committee (alternate), South County Joint Planning Advisory Committee, South County Regional Wastewater Authority (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 08/5/2019 Page4 A. Minutes of the July 1, 2019 Meeting B. Claim of David Olsen (The City Administrator recommends a “yes” vote under the Consent Calendar shall constitute the denial of the claim) C. Claim of Oscar & Paula Freitas (The City Administrator recommends a “yes” vote under the Consent Calendar shall constitute the denial of the claim) D. Claim of Jesus Gutierrez (The City Administrator recommends a “yes” vote under the Consent Calendar shall constitute the denial of the claim) E. Claim of Miriam Smith (The City Administrator recommends a “yes” vote under the Consent Calendar shall constitute the denial of the claim) VII. BIDS AND PROPOSALS - NONE VIII. PUBLIC HEARINGS A. Consideration of the Placement of Special Assessment Liens for the Non- payment of Charges for the Collection of Garbage, Rubbish, and Refuse on Certain Properties Located in the City of Gilroy 1. Staff Report: Jimmy Forbis, Finance 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 imposing special assessment liens for the costs of delinquent garbage collection services for certain properties located in Gilroy, California. B. Public Hearing to Consider the Report of Abatement of Weeds and Refuse Within the City of Gilroy and Confirming the Imposition of Assessment Liens Against the Land City Council Regular Meeting Agenda 08/5/2019 Page5 1. Staff Report: Greg Larson, Interim 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 confirming the report of the Chief of the Fire Department setting forth the description of property, naming the owners thereof and the costs of abating the nuisance caused by the growing of weeds and accumulation of refuse on the property, and providing that such costs shall constitute assessments against the land. C. Tentative Map Application to Subdivide Approximately 125.32 Acres Located North of Santa Teresa Boulevard Between Merlot Drive and Miller Avenue, APN’s 808-18-003, 808-18-024, 808-18-025 and 808-18-026 to Create a Total of 171 Residential Lots of the Glen Loma Ranch Specific Plan Area With Two Public Open Space Trail Parcels, 22 Private Open Space Parcels and Three lots for Future Development; Applicant Tim Filice Representing the Glen Loma Group (TM 18-02) 1. Staff Report: Greg Larson, Interim 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 tentative map TM 18-02 a subdivision of 125.32+/- acre site into 102 village lots in the nebbiolo neighborhood, 46 compact lots in the Malvasia neighborhood and 23 compact lots in the Glen Neighborhood for a tota l of 171 residential lots, with two public open space trail parcels, 22 private open space parcels and three lots for future development on a property located north of Santa Teresa Boulevard between Merlot Drive and Miller Avenue, APN’s 808 -18-003, 808-18-024, 808- 18-025 and 808-18-026, filed by Glen Loma Group. D. Consideration of an Amendment of Gilroy City Code Chapter 30 to Make Minor Revisions and Amend, Repeal or Replace Provisions Including the Definitions, Land Use Table, Parking and Storage, Nonconforming Uses, Minor Modifications, and Accessory Dwelling Unit Regulations, to Ensure Internal Consistency, Improve Interpretations and Conform with State Laws (Z 18-07) City Council Regular Meeting Agenda 08/5/2019 Page6 1. Staff Report: Greg Larson, Interim Community Development Director 2. Disclosure of Ex-Parte Communications 3. Open Public Hearing 4. Close Public Hearing 5. Possible Action: Motion to continue the public hearing to the August 19, 2019 regular meeting. E. Consideration of Adding an Addendum for the Downtown Commercial Corridor to the City of Gilroy's Comprehensive Fee Schedule Charged by all Departments of the City 1. Staff Report: Gabriel Gonzalez, City Administrator 2. Disclosure of Ex-Parte Communications 3. Open Public Hearing 4. Close Public Hearing 5. Possible Action: Motion to continue the public hearing to the August 19, 2019 regular meeting. IX. UNFINISHED BUSINESS A. Appointment to Open Seats on the Library Bond Oversight Committee and Community and Neighborhood Revitalization Committee 1. Staff Report: Shawna Freels, City Clerk 2. Public Comment 3. Possible Action: a) Appoint a community member at-large to the Library Bond Oversight Committee. b) Appoint a member to the Community and Neighborhood Revitalization Committee to a term ending December 31, 2020. X. INTRODUCTION OF NEW BUSINESS A. Adoption of a Resolution of the City Council of the City of Gilroy Supporting the Miller Red Barn Association’s Application for a County of Santa Clara Historical Grant for Capital Improvements at the Miller Red Barn Located at Christmas Hill Park, APN 808-18-022 1. Staff Report: Gabriel Gonzalez, City Administrator 2. Public Comment 3. Possible Action: Adopt a resolution of the City Council of the City of Gilroy approving the use of City-owned property for the proposed capital improvement project in support of the Miller Red Barn Association’s application for a County of Santa Clara historic grant. B. Approval of Memorandums of Understanding With AFSCME, Local 101 General Unit and AFSCME, Local 101 Supervisory Unit and Related Salary Schedules for the Period July 1, 2019 Through June 30, 2021 City Council Regular Meeting Agenda 08/5/2019 Page7 1. Staff Report: LeeAnn McPhillips, Human Resources Director/Risk Manager 2. Public Comment 3. Possible Action: a) Approve the Memorandums of Understanding with AFSCME, Local 101 General Unit and AFSCME, Local 101 Supervisory Unit for the period July 1, 2019 - June 30, 2021. b) Adopt a Resolution of the City Council of the City of Gilroy approving the July 1, 2019 and July 1, 2020 salary schedules associated with the AFSCME, Local 101 General unit. c) Adopt a Resolution of the City Council of the City of Gilroy approving the July 1, 2019 and July 1, 2020 salary schedules associated with the AFSCME, Local 101 Supervisory unit. C. Approval of a Salary and Benefit Increase for City Administrator Gabriel A. Gonzalez Effective April 1, 2019 1. Staff Report: Mayor Roland Velasco, Mayor 2. Public Comment 3. Possible Action: Approve the City Administrator’s compensation package increase effective April 1, 2019 with a 5% market equity adjustment to $238,493 annually, a 3% performance increase to $245,648 annually, and an increase vacation accrual from three to four weeks per year. XI. CITY ADMINISTRATOR'S REPORTS A. Presentation of the Proposed Use of Small Unmanned Aerial Systems in Public Safety (continued from June 17, 2019 and July 1, 2019) 1. Staff Report: Scot Smithee, Police Chief 2. Public Comment 3. Possible Action: Receive report and provide direction to staff. XII. CITY ATTORNEY'S REPORTS XIII. CLOSED SESSION City Council Regular Meeting Agenda 08/5/2019 Page8 A. CONFERENCE WITH NEGOTIATOR – UNREPRESENTED EMPLOYEES; Pursuant to Government Code Section 54957.6, Gilroy City Code Section 17A.11 (4) (a); Employee Groups: Unrepresented Non-Exempt/Confidential Employees; Part-Time/Seasonal/Temporary Employees; Unrepresented Exempt/Confidential Employees: City Negotiator: Gabriel Gonzalez, City Administrator and LeeAnn McPhillips, HR Director; Anticipated Issue(s) Under Negotiation: Wages, Hours, Benefits, Working Conditions B. CONFERENCE WITH NEGOTIATOR – UNREPRESENTED EMPLOYEES; Pursuant to Government Code Section 54957.6, Gilroy City Code Section 17A.11 (4) (a); Employee Groups: Unrepresented Exempt/Confidential/ Department Heads: City Negotiator: Gabriel Gonzalez, City Administrator; Anticipated Issue(s) Under Negotiation: Wages, Hours, Benefits, Working Conditions C. THREAT TO PUBLIC SERVICES OR FACILITIES – Pursuant to Government Code Section 54957 (a) and Gilroy City Code Section 17A.11 (1); Consultation with Gilroy Police Department, Chief Scot Smithee, Gabriel A. Gonzalez, City Administrator 1. Public Comment on Closed Session Items 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 FUTURE MEETINGS AUGUST, 2019 1* Special Meeting - 5:00 p.m., City Council Chambers 5* Regular Meeting - 6:00 p.m., City Council Chambers 19* Regular Meeting - 6:00 p.m., City Council Chambers 26* Special Meeting/Study Session - 6:00 p.m., City Council Chambers SEPTEMBER, 2019 9* Regular Meeting - 6:00 p.m., City Council Chambers 16* Regular Meeting - 6:00 p.m., City Council Chambers OCTOBER, 2019 7* Regular Meeting - 6:00 p.m., City Council Chambers 21* Regular Meeting - 6:00 p.m., City Council Chambers 28 Special Joint Meeting with Santa Clara Valley Water District. - 6:00 p.m., Morgan Hill Council Chambers * meeting is webstreamed and televised Boa Nam Pho Are Phys List 31 y Rais Park Gen City GUS 2 GU Fou Pare GUS Built Coa Gilro List 31 y Rais Park Gen City GUS 2 GU Fou Pare GUS Built Coa Gilro Wha Libra My g Why I am oppo rd/Committ me: Tod ne number you a regis sical Addre t your qual years active sed 4 childr k Commiss neral Plan U of Gilroy G SD Account USD schoo nding mem ent Club Pr SD Rod Ke t and maint ached Gilroy oy library ca t any servic years active sed 4 childr k Commiss neral Plan U of Gilroy G SD Superin USD schoo nding mem ent Club Pr SD Rod Ke t and maint ached Gilroy oy Garlic Fe at are your ary Bond O goal is to as y are you t m committed ortunity to c for tee/Commis dd Perkins r(s): pointment nced Growt mputer lab y including ty Task Fo nced Growt mputer lab booth coord g on this Bo e and benef serve on t ntaining exc Gilroy App ee and Co Library B address*: Yes t: h any prior rce h dinator oard/Comm fit to the Gil this Board/ cellence in plication ommissio Bond Overs his Library mittee? looking for 6/5/2019 10 bond. r an 31:56 AM Packet Pg. 9 Communication: Interviews for One Open Seat on the Library Bond Oversight Committee and Community & Neighborhood Revitalization All Commission, Board and Committee applications are a public record Mail or email your application to: Shawna Freels, City Clerk City of Gilroy 7351 Rosanna Street, Gilroy, CA 95020 shawna.freels@ci.gilroy.ca.us The City of Gilroy accepts applications at any time and will keep them on file for one year. Packet Pg. 10 Communication: Interviews for One Open Seat on the Library Bond Oversight Committee and Community & Neighborhood Revitalization Boa Nam Pho Are Phys List 10+ Mas Spe Curr Calif Ame List I hav to G the E Salin repr the D Wha I hav syst be o need Why Libra com over pres advo rd/Committ me: Ca ne number you a regis sical Addre t your qual Years Libr sters Degre cial Library rently Work fornia Libra erican Libra t any servic ve worked Gilroy this pa Ethnic Stud nas in a va resent our A Director of at are your ve experien tems. I am g of service in d. y are you t aries are on mmunity spa r a decade senting this ocacy in ou All C M The City for tee/Commis rissa Purne r(s): pointment c, academic ation Scienc oe Ann Clifto Literacy (A Presenter a Member y including nity for ove ed in Acade rkeley, and m circulation or our Asse centers for g on this Bo ollection dev d to a comm facilities, a serve on t mocratic ins eserving th ust that. I a ut the role o and Comm ication to: pplications a Gilroy App ee and Co Library B address*: Yes t: c) ce (2009) on Student lisal Union and Membe any prior er a decade emic Collect public libra n, to refere embly mem r the Alisal U oard/Comm velopment, munity with and program this Board/ stitutions tha eir relevanc m active in of libraries to mittee appl Sha City 735 sha at any time plication ommissio Bond Overs ystem and een Library ta Cruz, an I currently elegate, an ades in libra nd would lo ith commun mittee? resent a saf mpact and h tions and w cial justice c record k lroy, CA 95 ca.us n file for one 7/9/2019 9 moved y and d y d am ary ove to nity fe have will be 5020 e year. 45:09 AM Packet Pg. 11 Communication: Interviews for One Open Seat on the Library Bond Oversight Committee and Community & Neighborhood Revitalization City of Gilroy Application for Board, Committee and Commission Appointment Board/Committee/Commission of Interest: Community & Neighborhood Revitalization Committee Name: Jennifer Del Bono Phone number(s): email address*: Are you a registered voter within the City limits? Yes Physical Address*: List your qualifications for this appointment: I've served in a leadership role within the Gilroy Unified School District and have supported a number of programs which directly worked to improve our community. I'm a caring community member and a parent of an 11 year old daughter. I'm a vested member of the community who has served on committees, attended city council meetings and have worked towards improving our community. List any service to the community including any prior appointments: Gilroy Gang Task Force Gilroy Youth Task Force South County Suicide Prevention Task Force South County United For Health member Non-profit founder, The Gilroy Way Gilroy Sunrise Rotary What are your goals while serving on this Board/Commission/Committee?: My goals would be to ensure that Gilroy is able to leverage existing partnerships to improve our community and all neighborhoods so all Gilroyans can thrive. Using an asset-based approach, I want to ensure that Gilroy develops it's potential as a center of health and beauty, Why are you the most qualified to serve on this Board/Commission/Committee? I'm currently the Director of Safe and Healthy Schools for the Santa Clara County Office of Education. I have access to a wealthy of resources and partnerships to support the goals of the commission. All Commission, Board and Committee applications are a public record Mail or email your application to: Shawna Freels, City Clerk City of Gilroy 7351 Rosanna Street, Gilroy, CA 95020 shawna.freels@ci.gilroy.ca.us The City of Gilroy accepts applications at any time and will keep them on file for one year. 7/23/2019 8:22:27 PM Packet Pg. 12 Communication: Interviews for One Open Seat on the Library Bond Oversight Committee and Community & Neighborhood Revitalization 1 City Council Meeting Minutes 07/1/2019 City of Gilroy City Council Meeting Minutes July 1, 2019 I. OPENING Mayor Velasco called the meeting to order at 6:02 p.m. A. Call to Order 1. Pledge of Allegiance The pledge of allegiance was led by Councilmember Tovar. 2. Invocation Father Johannes Busch from St Mary's Catholic Parish presented the invocation. 3. City Clerk's Report on Posting the Agenda City Clerk Freels reported that the agenda was posted at June 26, 2019 at 6 p.m. and the revised agenda was posted on June 27, 2019 at 3:30 p.m. Attendee Name Title Status Arrived Mayor Roland Velasco Mayor Present 6:00 PM Marie Blankley Council Member Present 6:00 PM Dion Bracco Council Member Present 6:00 PM Peter Leroe-Muñoz Council Member Absent Carol Marques Council Member Present 6:00 PM Fred Tovar Council Member Present 6:00 PM Cat Tucker Council Member Present 6:00 PM B. Orders of the Day C. Employee Introductions Public Works Director Awoke introduced newly hired employee Engineering Technician/Inspector III Armando Gonzalez, recently promoted Maintenance Worker I Jose Pacheco, and newly hired employee Matthew Schreiber. Human Resources Director McPhillips introduced the City Summer Interns, and newly hired Management Fellow Nicholas Williams. II. CEREMONIAL ITEMS A. Proclamations, Awards, and Presentations 1. Proclamation Recognizing Retiring Employee Rachel Munoz Mayor Velasco presented the proclamation to Rachel Munoz. 2. Proclamation Recognizing Retiring Employee Steve Ynzunza Mayor Velasco presented the proclamation to Steve Yn zunza. 3. Proclamation Naming July Parks Make Life Better Month Mayor Velasco presented the proclamation to Parks and Recreation Commissioners. 6.A Packet Pg. 13 Communication: Minutes of the July 1, 2019 Meeting (CONSENT CALENDAR (ROLL CALL VOTE)) 2 City Council Meeting Minutes 07/1/2019 III. PRESENTATIONS TO THE COUNCIL Zachary Hilton asked for the opportunity to present on shared micro mobili ty options such as electric scooters or bicycles. Sammy Wu, owner of 7568 Monterey Road, apologized for not attending the prior City Council meeting related to URM Buildings and voiced concerns of inability to complete repairs due to lack of cooperation from neighbors. He also requested a refund for fines and penalties applied to his property. John Taft updated the Council on 7574 Monterey Road indicating that the foreclosure process has started moving forward. He cautioned the council of the issues in dealing with a building held by a debtor in possession. Armando Franco requested CARAS be added to the August 5th agenda to propose and seek support for CARAS' application for the Santa Clara County Historical Heritage Grant with the goal to add a mural at San Ysidro Park. Larry Renteria spoke in support of adding the CARAS request to be added to the August 5th agenda. A. Presentation on the Single Family Affordable Solar Homes Program by GRID Alternatives Clarita Cortes from Grid Alternatives presented on Single Family Affordable Solar Homes Program. B. Parks and Recreation Commission Annual Presentation to Council Parks and Recreation Commission Chair Pat Bentson made the presentation. IV. REPORTS OF COUNCIL MEMBERS Council Member Bracco had no report. Council Member Tucker shared that she attended Valley Habitat Plan meeting, Recycling Waste Commission where she was voted in as Vice Chair, and shared data from Visit California Gilroy Welcome Center. Council Member Blankley had no report. Council Member Marques had no report. Council Member Tovar thanked the Gilroy Downtown Business Association for their work on Downtown Live, noted that he attended a meet and greet for local union members that live in south county, attended a ribbon cutting for Shine Coat Auto Detailing on Monterey Road, thanked Mike Torres, owner of Water Warehouse, attended the Habitat Agency meeting, and met with the Gilroy Firefighters Association. He also announced the upcoming SCRWA meeting. Mayor Velasco noted the 150th Anniversary Committee met and reviewed the recommendation for the logo, that he attended the Alexander Station Ribbon Cutting ceremony, thanked Post 217 for nomination as veteran of the year, and reported that on June 13th, Gilroy Gardens hosted Community Service Orientation Day and Gilroy Residence Week was June 17 - 23. He also discussed the effect the heat wave had on Gilroy Gardens attendance over the Memorial Day Weekend. 6.A Packet Pg. 14 Communication: Minutes of the July 1, 2019 Meeting (CONSENT CALENDAR (ROLL CALL VOTE)) 3 City Council Meeting Minutes 07/1/2019 V. FUTURE COUNCIL INITIATED AGENDA ITEMS VI. CONSENT CALENDAR (ROLL CALL VOTE) RESULT: APPROVE [UNANIMOUS] MOVER: Fred Tovar, Council Member SECONDER: Cat Tucker, Council Member AYES: Velasco, Blankley, Bracco, Marques, Tovar, Tucker ABSENT: Peter Leroe-Muñoz A. Minutes of the June 17, 2019 Regular Meeting B. Adoption of a Resolution 2019-38 of the City Council of the City of Gilroy Setting the Tax Rate for Fiscal Year 2019-2020 (FY20) for the Gilroy Community Library Project Bonds C. Adoption of a Resolution 2019-39 of the City Council of the City of Gilroy Approving the Application for Statewide Park Development and Community Revitalization Program Grant Funds for the San Ysidro Park - Healthy Living Enhancement Project D. Adoption of a Resolution 2019-40 of the City Council of the City of Gilroy Authorizing the Adoption of the City of Gilroy Annex 12 into the Santa Clara County Community Wildfire Protection Plan (CWPP) E. Approval of the Proposed Downtown Facade Improvement Pilot Program for Fiscal Year 2019-2020 F. Appointment of Jimmy Forbis and LeeAnn McPhillips to Serve as City Administrator Pro Tempore G. Approval of Amendments to the Economic Development Incentive Policy with the Addition of a Downtown Commercial Corridor Development Incentive VII. BIDS AND PROPOSALS A. Award of a Contract in the Amount of $306,210 to Cal-West Lighting and Signal Maintenance, Inc. for Street Light and Traffic Signal Maintenance Public Works Director Awoke presented the report. Possible Action: Award a contract in the amount of $306,210 to Cal-West Lighting & Signal Maintenance, Inc. for traffic signal and streetlight maintenance and repair services, and authorize the City Administrator to execute the contract and associated documents. RESULT: APPROVE [UNANIMOUS] MOVER: Dion Bracco, Council Member SECONDER: Cat Tucker, Council Member AYES: Velasco, Blankley, Bracco, Marques, Tovar, Tucker ABSENT: Peter Leroe-Muñoz B. Approval of a Contract Amendment with Lynx Technologies, Inc. in the Amount of $89,600 for On-Call Geographic Information Systems (GIS) Support Services Public Works Director Awoke presented the report. 6.A Packet Pg. 15 Communication: Minutes of the July 1, 2019 Meeting (CONSENT CALENDAR (ROLL CALL VOTE)) 4 City Council Meeting Minutes 07/1/2019 Possible Action: Approve a contract amendment with Lynx Technologies, Inc., in the amount of $89,600 for on-call geographic information systems (GIS) support services and authorize the City Administrator to execute the amendment and associated documents. RESULT: APPROVE [UNANIMOUS] MOVER: Dion Bracco, Council Member SECONDER: Cat Tucker, Council Member AYES: Velasco, Blankley, Bracco, Marques, Tovar, Tucker ABSENT: Peter Leroe-Muñoz C. Approval of Contract Amendment With 4Leaf, Inc. in the Amount of $200,000 for Building and Fire Plan Check and Inspection Services Interim Community Development Director Larson presented the report. Possible Action: Approve a contract amendment with 4-Leaf, Inc. in the amount of $200,000 for building and fire plan check and inspection services, and authorize the City Administrator to execute the amendment. RESULT: APPROVE [UNANIMOUS] MOVER: Marie Blankley, Council Member SECONDER: Carol Marques, Council Member AYES: Velasco, Blankley, Bracco, Marques, Tovar, Tucker ABSENT: Peter Leroe-Muñoz D. Amendment to the Fiscal Year 2019-2020 Budget for the Sewer Fund Increasing Appropriations in the Amount of $215,000 and Award of Contract in the Amount of $214,922.21 to Jack Doheny Companies for the Purchase of a Closed Circuit TV (CCTV) Mainline Sewer Inspection Unit Resolution 2019-41 Public Works Director Awoke presented the report. Possible Action: a) Adopt a Resolution 2019-41 of the City Council of the City of Gilroy amending the Fiscal Year 2019-2020 budget for the Sewer Fund increasing appropriations in the amount of $215,000. RESULT: APPROVE [UNANIMOUS] MOVER: Cat Tucker, Council Member SECONDER: Fred Tovar, Council Member AYES: Velasco, Blankley, Bracco, Marques, Tovar, Tucker ABSENT: Peter Leroe-Muñoz 6.A Packet Pg. 16 Communication: Minutes of the July 1, 2019 Meeting (CONSENT CALENDAR (ROLL CALL VOTE)) 5 City Council Meeting Minutes 07/1/2019 b) Award contract in the amount of $214,922.21 to Jack Doheny Companies for the purchase of a IBAK CCTV mainline sewer inspection unit, using the cooperative purchasing agreement with Sourcewell, formerly known as National Joint Powers Alliance (NJPA), and authorize the City Administrator to execute the contract. RESULT: APPROVE [UNANIMOUS] MOVER: Cat Tucker, Council Member SECONDER: Fred Tovar, Council Member AYES: Velasco, Blankley, Bracco, Marques, Tovar, Tucker ABSENT: Peter Leroe-Muñoz E. Approval of a Cost Sharing Agreement With the City of Morgan Hill in the Amount of $150,642 with a Contingency of $15,000 (10%) for the Condition Assessment of a Joint Sewer Trunk Line from Morgan Hill to the South County Regional Wastewater Authority (SCRWA) Wastewater Treatment Plant Public Works Director Awoke presented the report. Possible Action: Approve a cost sharing agreement with the City of Morgan Hill in the amount of $150,642 with a contingency in the amount of $15,000 for the condition assessment of a Joint Sewer Trunk Line from Morgan Hill to the South County Regional Wastewater Authority (SCRWA) wastewater treatment plant, and authorize the City Administrator to execute the agreement and associated documents. RESULT: APPROVE [UNANIMOUS] MOVER: Carol Marques, Council Member SECONDER: Cat Tucker, Council Member AYES: Velasco, Blankley, Bracco, Marques, Tovar, Tucker ABSENT: Peter Leroe-Muñoz VIII. PUBLIC HEARINGS - NONE IX. UNFINISHED BUSINESS A. Interim Update to the City Traffic Impact Fee Fund (TIF) Program, Conceptual Revised TIF Reimbursement Amounts for the Harvest Park II Project Under Property Improvement Agreement No. 2015-06 and Presentation of a Draft TIF Reimbursement Policy and Procedures Public Works Director Awoke introduced the item. City Engineer Heap presented the report. John Bayliss from Meritage Homes expressed appreciation for staff's hard work and voiced support for the maximum reimbursement number. He noted several policy issues with the proposed updates including that the total reimbursement needs to be based on total project cost rather than line item, the 80% payout amount, the use of PIAs, and requested a three -year TIF schedule. James Suner thanked staff for their work, noted that there is unpaid invoicing going back as far as 2014, and echoed support of the request for a three-year TIF schedule. 6.A Packet Pg. 17 Communication: Minutes of the July 1, 2019 Meeting (CONSENT CALENDAR (ROLL CALL VOTE)) 6 City Council Meeting Minutes 07/1/2019 Possible Action: a) Approve the updated traffic impact fee fund projects list and project costs. b) Approve the conceptual reimbursement amount for the Harvest Park II project and direct staff to revise Property Improvement Agreement No. 2015-06. c) Approve the draft traffic impact fee reimbursement policy and procedures. RESULT: APPROVE [UNANIMOUS] MOVER: Cat Tucker, Council Member SECONDER: Marie Blankley, Council Member AYES: Velasco, Blankley, Bracco, Marques, Tovar, Tucker ABSENT: Peter Leroe-Muñoz X. INTRODUCTION OF NEW BUSINESS A. Provide Direction Regarding the Disposition of Delinquent Unreinforced Masonry Building Code Enforcement Fines and Penalties Code Enforcement Officer Barron presented the report. Gary Walton offered several items for the Council's consideration: the fines were implemented and began to accrue during the recession and people were unable to obtain a loan, and owners were unable to obtain rental income from URM properties due to City restrictions on how long the building could be unoccupied. He also indicated that he disagreed with three of the properties listed as URM, and that some owners should be refunded the fines paid. John Taft asked for clarification on performance agreements and whether they were just for URM buildings or if it would be applied to buildings in downtown. Jose Montes voiced frustration with the message sent by assessing penalties after owners have expended large amounts of money to comply with URM retrofitting standards and encouraged the city council to analyze each building separately. Sammy Wu spoke on behalf of William Singh. He noted that due to the URM designation of the building, William lost his source of income and was forced to file bankruptcy. Council Member Blankley left at 9:35 p.m. Possible Action: Receive report and provide direction to staff. B. Selection of Gilroy 150th Anniversary Logo Design Contest Winner Recreation Manager Henig presented the report. The City Council selected the design from Carol Peters. 6.A Packet Pg. 18 Communication: Minutes of the July 1, 2019 Meeting (CONSENT CALENDAR (ROLL CALL VOTE)) 7 City Council Meeting Minutes 07/1/2019 Possible Action: Selection of contest winner for the Gilroy 150th anniversary logo design competition. RESULT: APPROVE [UNANIMOUS] MOVER: Fred Tovar, Council Member SECONDER: Carol Marques, Council Member AYES: Velasco, Bracco, Marques, Tovar, Tucker ABSENT: Marie Blankley, Peter Leroe-Muñoz C. Approval of the Gilroy Historical Society’s Application for a County of Santa Clara Historic Grant and Use of the Gilroy Museum for the Proposed Non-capital Improvement Project on the Basis That Certain Specified Conditions are Met Recreation Manager Henig presented the report. Connie Rogers spoke in support of the recommendation. Gary Walton voiced support for the recommendation. Possible Action: Adopt a resolution 2019-42 of the City Council of the City of Gilroy supporting the Gilroy Historical Society’s application for a County of Santa Clara historic grant and approving the Historic Society’s use of the Gilroy museum for the proposed non-capital improvement project on the basis that certain specified conditions are met. RESULT: APPROVE [UNANIMOUS] MOVER: Cat Tucker, Council Member SECONDER: Carol Marques, Council Member AYES: Velasco, Bracco, Marques, Tovar, Tucker ABSENT: Marie Blankley, Peter Leroe-Muñoz D. Approval of the 2019 Engineering and Traffic Survey and Establishing Speed Limits on Various Streets Within the City in Accordance with Those Surveys Consistent With Prevailing Speed Survey Data and in Accordance with the California Vehicle Code and Gilroy City Code Sections 15.11 and 15.12 To be heard in August. Possible Action: Adopt a Resolution of the City Council of the City of Gilroy approving the 2019 engineering and traffic survey and establishing speed limits in accordance with those surveys on various streets within the City. E. Approval of the Miller Red Barn Association’s Application for a County of Santa Clara Historical Heritage Grant for Capital Improvements at the Miller Red Barn Located at Christmas Hill Park, APN 808-18-022. Item pulled from the agenda per staff recommendation. 6.A Packet Pg. 19 Communication: Minutes of the July 1, 2019 Meeting (CONSENT CALENDAR (ROLL CALL VOTE)) 8 City Council Meeting Minutes 07/1/2019 Possible Action: Adopt a resolution of the City Council of the City of Gilroy in support of the Miller Red Barn Association’s application for a County of Santa Clara historic grant and approving the use of City-owned property for the proposed capital improvement project subject to certain specified conditions and limitations. XI. CITY ADMINISTRATOR'S REPORTS A. Presentation of the Proposed Use of Small Unmanned Aerial Systems in Public Safety (continued from June 17, 2019) To be heard in August Possible Action: Receive report and provide direction to staff. XII. CITY ATTORNEY'S REPORTS There was no report. XIII. CLOSED SESSION A. CONFERENCE WITH NEGOTIATOR – COLLECTIVE BARGAINING UNIT Pursuant to Government Code Section 54957.6, GCC Section 17A.11 (4) (a) Collective Bargaining Unit: AFSCME Local 101 Representing Employees Affiliated with AFSCME, Local 101 City Negotiators: Gabriel Gonzalez, City Administrator; LeeAnn McPhillips, Human Resources Director; Charles Sakai, Labor Counsel Anticipated Issues(s) Under Negotiation: Wages, Hours, Benefits, Working Conditions. B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section 54956.8 and Gilroy City Code Section 17A.8 (a ) (2) Property:7070 Chestnut Street, Gilroy (Gilroy Fire Station), APN 841 66 012; Negotiators: Gabriel Gonzalez, City Administrator; Other Party to Negotiations: Rogg Collins of Evergreen; Under Negotiations: Price and Terms of Payment ADJOURNMENT There was no public comment on Closed Session Items. The City Council adjourned to Closed Session at 9:51 p.m. /s/ Shawna Freels, MMC City Clerk 6.A Packet Pg. 20 Communication: Minutes of the July 1, 2019 Meeting (CONSENT CALENDAR (ROLL CALL VOTE)) City of Gilroy STAFF REPORT Agenda Item Title: Claim of David Olsen (The City Administrator recommends a “yes” vote under the Consent Calendar shall constitute the denial of the claim) Meeting Date: August 5, 2019 From: Gabriel Gonzalez, 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 Based on the recommendation from Municipal Pooling Authority (MPA) and/or legal counsel, this claim is recommended for rejection. EXECUTIVE SUMMARY Based on the recommendation from Municipal Pooling Authority (MPA) and/or legal counsel, the following claim is submitted to the City Council for rejection at the August 5, 2019 meeting: Claim of David Olsen Attachments: 6.B Packet Pg. 21 1. Claim of David Olsen 6.B Packet Pg. 22 6.B.a Packet Pg. 23 Attachment: Claim of David Olsen (2337 : Claim of David Olsen) 6.B.a Packet Pg. 24 Attachment: Claim of David Olsen (2337 : Claim of David Olsen) 6.B.a Packet Pg. 25 Attachment: Claim of David Olsen (2337 : Claim of David Olsen) 6.B.a Packet Pg. 26 Attachment: Claim of David Olsen (2337 : Claim of David Olsen) 6.B.a Packet Pg. 27 Attachment: Claim of David Olsen (2337 : Claim of David Olsen) 6.B.a Packet Pg. 28 Attachment: Claim of David Olsen (2337 : Claim of David Olsen) 6.B.a Packet Pg. 29 Attachment: Claim of David Olsen (2337 : Claim of David Olsen) 6.B.a Packet Pg. 30 Attachment: Claim of David Olsen (2337 : Claim of David Olsen) City of Gilroy STAFF REPORT Agenda Item Title: Claim of Oscar & Paula Freitas (The City Administrator recommends a “yes” vote under the Consent Calendar shall constitute the denial of the claim) Meeting Date: August 5, 2019 From: Gabriel Gonzalez, 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 Based on the recommendation from Municipal Pooling Authority (MPA) and/or legal counsel, this claim is recommended for rejection. EXECUTIVE SUMMARY Based on the recommendation from Municipal Pooling Authority (MPA) and/or legal counsel, the following claim is submitted to the City Council for rejection at the August 5, 2019 meeting: Claim of Oscar & Paula Freitas Attachments: 6.C Packet Pg. 31 1. Claim of Oscar & Paula Freitas 6.C Packet Pg. 32 6.C.a Packet Pg. 33 Attachment: Claim of Oscar & Paula Freitas (2338 : Claim of Oscar & Paula Freitas) 6.C.a Packet Pg. 34 Attachment: Claim of Oscar & Paula Freitas (2338 : Claim of Oscar & Paula Freitas) City of Gilroy STAFF REPORT Agenda Item Title: Claim of Jesus Gutierrez (The City Administrator recommends a “yes” vote under the Consent Calendar shall constitute the denial of the claim) Meeting Date: August 5, 2019 From: Gabriel Gonzalez, 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 Based on the recommendation from Municipal Pooling Authority (MPA) and/or legal counsel, this claim is recommended for rejection. EXECUTIVE SUMMARY Based on the recommendation from Municipal Pooling Authority (MPA) and/or legal counsel, the following claim is submitted to the City Council for rejection at the August 5, 2019 meeting: Claim of Jesus Gutierrez Attachments: 6.D Packet Pg. 35 1. Claim of Jesus Gutierrez 2. Photos Claim Jesus Gutierrez 6.D Packet Pg. 36 6.D.a Packet Pg. 37 Attachment: Claim of Jesus Gutierrez (2339 : Claim of Jesus Gutierrez) 6.D.a Packet Pg. 38 Attachment: Claim of Jesus Gutierrez (2339 : Claim of Jesus Gutierrez) 6.D.b Packet Pg. 39 Attachment: Photos Claim Jesus Gutierrez (2339 : Claim of Jesus Gutierrez) 6.D.b Packet Pg. 40 Attachment: Photos Claim Jesus Gutierrez (2339 : Claim of Jesus Gutierrez) 6.D.b Packet Pg. 41 Attachment: Photos Claim Jesus Gutierrez (2339 : Claim of Jesus Gutierrez) 6.D.b Packet Pg. 42 Attachment: Photos Claim Jesus Gutierrez (2339 : Claim of Jesus Gutierrez) 6.D.b Packet Pg. 43 Attachment: Photos Claim Jesus Gutierrez (2339 : Claim of Jesus Gutierrez) City of Gilroy STAFF REPORT Agenda Item Title: Claim of Miriam Smith (The City Administrator recommends a “yes” vote under the Consent Calendar shall constitute the denial of the claim) Meeting Date: August 5, 2019 From: Gabriel Gonzalez, 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 Based on the recommendation from Municipal Pooling Authority (MPA) and/or legal counsel, this claim is recommended for rejection. EXECUTIVE SUMMARY Based on the recommendation from Municipal Pooling Authority (MPA) and/or legal counsel, the following claim is submitted to the City Council for rejection at the August 5, 2019 meeting: Claim of Miriam Smith Attachments: 6.E Packet Pg. 44 1. Claim of Miriam Smith 6.E Packet Pg. 45 6.E.a Packet Pg. 46 Attachment: Claim of Miriam Smith (2341 : Claim of Miriam Smith) 6.E.a Packet Pg. 47 Attachment: Claim of Miriam Smith (2341 : Claim of Miriam Smith) 6.E.a Packet Pg. 48 Attachment: Claim of Miriam Smith (2341 : Claim of Miriam Smith) 6.E.a Packet Pg. 49 Attachment: Claim of Miriam Smith (2341 : Claim of Miriam Smith) 6.E.a Packet Pg. 50 Attachment: Claim of Miriam Smith (2341 : Claim of Miriam Smith) 6.E.a Packet Pg. 51 Attachment: Claim of Miriam Smith (2341 : Claim of Miriam Smith) City of Gilroy STAFF REPORT Agenda Item Title: Consideration of the Placement of Special Assessment Liens for the Non-payment of Charges for the Collection of Garbage, Rubbish, and Refuse on Certain Properties Located in the City of Gilroy Meeting Date: August 5, 2019 From: Gabriel Gonzalez, City Administrator Department: Finance Department Submitted By: Jimmy Forbis Prepared By: Jimmy Forbis Bryce Atkins 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 imposing special assessment liens for the costs of delinquent garbage collection services for certain properties located in Gilroy, California. BACKGROUND In 1997, the City and South Valley Disposal and Recycling, Inc. (SVDR and now Recology South Valley (Recology)) entered into an exclusive franchise agreement. Under the agreement Recology provides mandatory garbage and refuse service, intended to protect the health, safety and welfare of the residents of Gilroy through the 8.A Packet Pg. 52 assurance of regular collection and sanitary disposal of garbage. Ultimately, the property owner is held accountable for non-payment by a tenant. ANALYSIS As part of the collection process, Recology notified property owners of delinquent accounts on a monthly basis. In addition, Recology issued notices outlining the delinquency process which notified the property owners of the administrative hearing process. The administrative hearing allows the property owner to appeal their account to the City Finance Director. Recology and the City conducted an administrative hearing session during the current year (April 25, 2019) in an attempt to give the property owners more opportunity for timely appeal of their accounts. None of the delinquent account holders requested a hearing. The final notice was sent to the remaining delinquent accounts via certified mail on May 9, 2019. This notice explained the process, and outlined the procedures that Recology was following to collect on the accounts. The deadline for payment was June 14, 2019 at 12 pm. The Final Report (as of June 28, 2019) is attached which includes accounts amounting to $28,381.16. A revised report and updated amounts will be provided just prior to the Council meeting on August 5, 2019. This amount includes the total collection fee charged by the Santa Clara County Tax Collector’s Office of $286.78. This public hearing is to consider the Finance Director’s final report. The Council may adopt, revise, reduce, or modify any charge shown in the Final Report. Pursuant to the provisions of Municipal Code §12.23-9, the Council’s review of the Final Report shall be limited to the evidence presented at the Finance Director’s administrative hearing. FISCAL IMPACT/FUNDING SOURCE Approval of the Final Report does not impact the City’s budget. The City will collect the delinquent amounts through the County tax roll on behalf of Recology. CONCLUSION Staff recommends that the Final Report be approved, confirmed and adopted, along with an approval of the Resolution regarding the imposition of the related liens. NEXT STEPS Once approved, the Final Report and Resolution shall be delivered to the County Auditor of the County of Santa Clara so that special assessments may be levied upon these accounts. PUBLIC OUTREACH This action was publicly noticed and all delinquent account holders were notified in billings and through specific mailings outlying the process for collection. 8.A Packet Pg. 53 Attachments: 1. Resolution Garbage Liens 2019 2. Exhibit A - Garbage Liens Redline 3. Garbage Lien Protests 8.A Packet Pg. 54 RESOLUTION NO. 2019-XX RESOLUTION NO. 2019-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY IMPOSING SPECIAL ASSESSMENT LIENS FOR THE COSTS OF DELINQUENT GARBAGE COLLECTION SERVICES FOR CERTAIN PROPERTIES LOCATED IN GILROY, CALIFORNIA WHEREAS, the City Council of the City of Gilroy finds that regular and prompt collection of garbage and refuse is necessary to protect the health, safety and welfare of the residents of this City of Gilroy (“City”); and WHEREAS, the City Council finds that to insure and protect the health, safety and welfare of the residents of the City, providing for garbage and refuse collection service by exclusive franchise is necessary; and WHEREAS, the City and South Valley Disposal and Recycling, Inc. (“SVDR”) have entered into an exclusive franchise agreement to provide that garbage and refuse services required by the City subject to the provisions, terms and conditions set forth in the Franchise Agreement (“Agreement”), dated September 2, 1997, as amended; and WHEREAS, pursuant to Gilroy City Code Sections 12.23-2 through 12.23-12, the City and SVDR have implemented a lien procedure for the collection of delinquent garbage and refuse customer billings; and WHEREAS, SVDR (now Recology South Valley or “Recology”) notified property owners of delinquent accounts on a monthly basis, and issued notices explaining the delinquency process, including the availability of the City’s administrative hearing process; and WHEREAS, the City conducted an administrative hearing, on April 25, 2019; and WHEREAS, on or about May 9, 2019, Recology sent a final notice by certified mail to the property owners and tenants with outstanding delinquent accounts and set the final deadline for payment on June 14, 2019. This notice also stated that Recology would assign the delinquent 8.A.a Packet Pg. 55 Attachment: Resolution Garbage Liens 2019 [Revision 1] (2289 : Garbage Liens) RESOLUTION NO. 2019-XX accounts to the City for lien procedures in order to collect the amounts due as a special assessment if they were not timely paid; and also included the date and time of the City Council meeting to review the Director’s Final Report; and WHEREAS, after the time period to hold the administrative hearings had expired, the Director issued a Final Report to the City Council and Recology; and WHEREAS, a duly noticed public hearing was held on August 5, 2019, at which hearing the Council considered all testimony and evidence, including the Final Report and any protests previously submitted regarding the amount of the assessment against the property owner’s property. NOW, THEREFORE, BE IT RESOLVED THAT: 1. The Director’s Final Report is hereby approved, confirmed and adopted in every particular without modification. 2. The special assessment liens for garbage collection services as presented in the Final Report, attached hereto as Exhibit “A” and incorporated herein by this reference, are hereby approved and ordered to be filed in the office of the City Clerk as a permanent record and to remain open to public inspection. 3. The special assessments as set forth in the Final Report shall include the delinquent garbage and refuse collection service charges, administrative charges and the collection fee charged by the Santa Clara County Tax Collector’s Office, and are hereby levied and assessed against the properties as identified in the Final Report, and are hereby ordered to be collected upon the last equalized, secured tax rolls upon which the property taxes are collected. They shall be in addition to all other property taxes levied, and shall be collected together with, and not separate therefrom, and enforced in the same manner and by the same persons at the same time and with the same penalties and interest of said property taxes. All laws applicable to the collection and enforcement of said property taxes shall be applicable to said special assessment levies 4. Said Final Report together with the certificate of the City Clerk as to the facts and the date of final approval, confirmation and adoption by Resolution by the City Council, shall be forwarded to the Santa Clara County Tax Collector, who shall thereafter deliver 8.A.a Packet Pg. 56 Attachment: Resolution Garbage Liens 2019 [Revision 1] (2289 : Garbage Liens) RESOLUTION NO. 2019-XX said Final Report, as adopted, to the officer of the County of Santa Clara designated by law to extend property taxes upon the tax roll. PASSED AND ADOPTED this 5th day of August, 2019 by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: APPROVED: ATTEST: Roland Velasco, Mayor Shawna Freels, City Clerk 8.A.a Packet Pg. 57 Attachment: Resolution Garbage Liens 2019 [Revision 1] (2289 : Garbage Liens) Customer Name Service Address Apt #Owner Name Owner Addr 2 Owner City State Owner Zip Acct #APN#Lien $County Fee 1%Total1 PEREYRA, MARTIN & IRENE 480 ARNOLD DRIVE PEREYRA,DAVID 480 ARNOLD DR GILROY CA 95020 138628 790-29-032 87.24$ 0.87$ 88.12$ CHAVEZ, FRANCISCO 681 ARNOLD DRIVE CHAVEZ,FRANCISCO R 681 ARNOLD DR GILROY CA 95020 138867 790-29-017 97.53$ 0.98$ 98.52$ ROMERO, BRIAN 8390 CARMEL STREET ROMERO,BRIAN K 8390 CARMEL ST GILROY CA 95020 144261 790-34-008 507.13$ 5.07$ 512.20$ MACIAS, PATRICIA 7710-A CHESTNUT STREET A LIU,CHONG SANTIAGO ETAL 797 BUGATTI PL MORGAN HILL CA 95037 146076 841-03-111 155.56$ 1.56$ 157.12$ SCOGGINS, LEE 310 EL CERRITO WAY SCOGGINS,LEE W 310 EL CERRITO WAY GILROY CA 95020 156232 790-34-039 291.87$ 2.92$ 294.80$ RADISH, NICK 7350 FOREST STREET - A/B/C/D A-D RADISH,NICHOLAS P 21399 ARROWHEAD LN SARATOGA CA 95070 160648 841-09-016 279.90$ 2.80$ 282.70$ SICARD, TROY 9020 FREEMAN COURT SICARD,TROY 9020 FREEMAN CT GILROY CA 95020 162016 790-14-084 97.53$ 0.98$ 98.52$ VASQUEZ, JENNY 7601 HANNA STREET VASQUEZ,JENNIE 7601 HANNA ST GILROY CA 95020 166256 799-05-032 141.87$ 1.42$ 143.30$ HARKINS, JOHN & BARBARA 611 LA SIERRA WAY ESPINOSA,CECILIA ETAL 611 LA SIERRA WAY GILROY CA 95020 172445 790-31-036 255.42$ 2.55$ 257.98$ LOPEZ, ROLANDO 245 LILLY AVENUE LOPEZ,ROLANDO C 245 LILLY AVE GILROY CA 95020 174391 790-38-027 139.95$ 1.40$ 141.36$ OROZCO, ARMANDO/GLORIA 422 MADISON COURT OROZCO,ARMANDO 422 MADISON CT GILROY CA 95020 176750 835-03-061 127.98$ 1.28$ 129.26$ TOSCANO, RENE 1100 3RD ST TOSCANO,RENE 1100 3RD ST GILROY CA 95020 197442 808-06-069 291.87$ 2.92$ 294.80$ SHUTT, KEITH W 5 VICTORIA DRIVE SHUTT,WILLIE K & BARBARA L 5 VICTORIA DR GILROY CA 95020 199091 799-46-008 97.53$ 0.98$ 98.52$ LOZA, JOSE 313 WALNUT LANE LOZA,JOSE & GRACIELA 313 WALNUT LN GILROY CA 95020 199703 841-03-031 139.95$ 1.40$ 141.36$ RUIZ, JOE 740 WELBURN AVENUE MCDONALD,DIANA PO BOX 1325 GILROY CA 95021 200790 790-24-031 387.24$ 3.87$ 391.12$ FARRELL, PAUL 1202 WAGON WAY FARRELL,PAUL & THAIS 1202 WAGON WAY GILROY CA 95020 249276 783-49-046 68.81$ 0.69$ 69.50$ VIRAMONTES, CAROLINA 452 MADISON COURT VIRAMONTES,CAROLINA C 452 MADISON CT GILROY CA 95020 255349 835-03-064 387.24$ 3.87$ 391.12$ HERNANDEZ, TED & HORTENCIA 7208 CHURCH STREET HERNANDEZ,HORTENCIA E 7206 CHURCH ST GILROY CA 95020 257519 799-09-040 102.47$ 1.02$ 103.50$ FLUKER, DAVID 767 MARIA WAY FLUKER,DAVID J 767 MARIA WAY GILROY CA 95020 360891 790-19-050 118.64$ 1.19$ 119.84$ MEAD, DAVID 391 EL CERRITO WAY MEAD,DAVID 391 EL CERRITO WAY GILROY CA 95020 362913 790-34-043 279.90$ 2.80$ 282.70$ JIMENEZ, HECTOR 7760 ROSANNA STREET BLANCO,HECTOR J 7760 ROSANNA ST GILROY CA 95020 439307 799-03-019 183.45$ 1.83$ 185.28$ HURTADO, JAVIER 7264 PRINCEVALLE ST POMPA,SANDRA 7264 PRINCEVALLE ST GILROY CA 95020 474163 799-16-022 139.95$ 1.40$ 141.36$ ASHFORD, VANESSA 745 WISTERIA DR WONG,DANIEL T & SUSANNA H PO BOX 2953 SARATOGA CA 95070 515452 808-39-037 147.24$ 1.47$ 148.72$ LE, KEVIN 947 ALTA OAK WY DIEP,CHI U 947 ALTA OAK WAY GILROY CA 95020 519488 808-42-037 387.24$ 3.87$ 391.12$ DANG, STEVE 9765 TAPESTRY DR DANG,STEVE T ETAL 9765 TAPESTRY DR GILROY CA 95020 547950 783-67-045 291.87$ 2.92$ 294.80$ LINARTE, RAMIRO 343 WALNUT LANE LINARTE,R FAMILY TRUST 343 WALNUT LN GILROY CA 95020 565002 841-03-028 153.17$ 1.53$ 154.70$ TARIBA, LORENA 7840 DICKENS WAY TARIBA,LORENA E 7840 DICKENS WAY GILROY CA 95020 629832 808-45-029 97.53$ 0.98$ 98.52$ ROSS, LISA 6330 BLACKBERRY CT ROSS,GARY & LISA ETAL 6330 BLACKBERRY CT GILROY CA 95020 641787 808-40-004 104.90$ 1.05$ 105.96$ CACHUX, SUSANA 9715 TAPESTRY DR ALVARADO,LEO E 9715 TAPESTRY DR GILROY CA 95020 707422 783-67-050 555.64$ 5.56$ 561.20$ RADOSEVICH, ERIC 7518 FERNIE CT RADOSEVICH,ERIC J LIVING TRUST 7518 FERNIE CT GILROY CA 95020 803007 810-67-041 139.95$ 1.40$ 141.36$ HAUN, MEGAN 7155 ORCHARD DRIVE HAUN,ROBERT A & MEGHAN C 7155 ORCHARD DR GILROY CA 95020 810986 799-28-029 279.90$ 2.80$ 282.70$ GUERRERO, JESSE 203 LOUPE COURT GUERRERO,JESSE I 203 LOUPE CT GILROY CA 95020 822858 790-38-070 387.24$ 3.87$ 391.12$ HARRISON, ALLISON 564 HOOVER COURT HARRISON,ALLISON 564 HOOVER CT GILROY CA 95020 829796 841-53-019 179.60$ 1.80$ 181.40$ BARRAGAN, YOLANDA 8920 ACORN WAY BARRAGAN,YOLANDA ETAL 8920 ACORN WAY GILROY CA 95020 849729 783-71-038 292.44$ 2.92$ 295.36$ CARRASCO, EDWARD 7670 EIGLEBERRY ST CARRASCO,EDWARD E & CHRISTINA 7670 EIGLEBERRY ST GILROY CA 95020 861534 799-04-018 97.53$ 0.98$ 98.52$ MILLIGAN, PEPPER 7701 SANTA BARBARA FIELDING,FRANK 8113 SOLIS RANCHO GILROY CA 95020 879742 808-10-013 575.49$ 5.75$ 581.24$ ALCANTAR, LETICIA 400 RONAN AVENUE ALCANTAR,JAVIER 472 MADISON CT GILROY CA 95020 907238 790-53-035 218.81$ 2.19$ 221.00$ HERNANDEZ-LAZZALDE, MAGDALENA 760 W 9TH ST GONZALEZ,ROBERTO E TR 8525 KERN AVE GILROY CA 95020 916973 799-38-018 139.92$ 1.40$ 141.32$ HARRIS, PATRICIA 5595 MESA ROAD COLOMBO,JOSEPH M & SENTA L 1205 TALBRYN DR BELMONT CA 94002 926550 810-33-089 91.87$ 0.92$ 92.80$ MENDOZA, JACOB 9024 FREEMAN COURT MENDOZA,JACOB 9024 FREEMAN CT GILROY CA 95020 940833 790-14-085 195.06$ 1.95$ 197.02$ HERNANDEZ, JOSIE 7610 ROSANNA STREET HERNANDEZ,JOSEFINA 7610 ROSANNA ST GILROY CA 95020 974915 799-04-051 387.24$ 3.87$ 391.12$ ANDRADE, VANESSA 309 WALNUT LANE NAJAR,MARGARITA 309 WALNUT LN GILROY CA 95020 981498 841-03-034 108.44$ 1.08$ 109.52$ BRUNS, JULIE 8421 GAUNT AVENUE BRUNS,ROBERT M & JULIE A 8421 GAUNT AVE GILROY CA 95020 982926 790-03-018 291.87$ 2.92$ 294.80$ FLORES, MARCO 7919 KIPLING CIR FLORES,MARCO A 7919 KIPLING CIR GILROY CA 95020 993071 808-44-043 97.24$ 0.97$ 98.22$ VIDAL, CARLOS 9735 TAPESTRY DR GONZALEZ,BEATRIZ 9735 TAPESTRY DR GILROY CA 95020 996298 783-67-048 387.24$ 3.87$ 391.12$ JOHNSON, RONALD 7085 VALLEY FORGE DR JOHNSON,RONALD W 7085 VALLEY FORGE DR GILROY CA 95020 996876 799-38-002 455.64$ 4.56$ 460.20$ LOPEZ, JOSE 8645 LARKSPUR LANE LOPEZ,JOSE C & MARIA T 8645 LARKSPUR LN GILROY CA 95020 998765 783-45-052 555.64$ 5.56$ 561.20$ BOYER, DAVID 821 5TH STREET BOYER,DAVID B JR 821 5TH ST GILROY CA 95020 1002344 799-24-019 195.06$ 1.95$ 197.02$ HIRAOKA, DERRICK 11 STURLA WAY WANG,YUE 11 STURLA WAY GILROY CA 95020 1002435 790-07-050 97.53$ 0.98$ 98.52$ ALTAMIRANO, CELIA 332 1/2 LEWIS STREET A ALTAMIRANO,CELIA H 332 LEWIS ST 6 GILROY CA 95020 1004811 841-05-002 195.06$ 1.95$ 197.02$ SOLORIO, FREDDY 8337 GAUNT AVENUE SOLORIO,FREDDY 8337 GAUNT AVE GILROY CA 95020 1007343 790-02-005 247.98$ 2.48$ 250.46$ ALVAREZ, ALFREDO 9525 GRANDE DRIVE ALVAREZ,CHRISTINA L & ALFREDO 9525 GRANDE DR GILROY CA 95020 1012384 783-76-018 200.00$ 2.00$ 202.00$ GONZALEZ, BELIA 7521 CHESTNUT STREET MASOUMI BROTHERS LLC 12280 SARATOGA SUNNYVALE RD 211 SARATOGA CA 95070 1012772 841-05-009 97.53$ 0.98$ 98.52$ PAHN, TOM 1130 ARAPAHO DRIVE NGUYEN,TIEN V 1130 ARAPAHO DR GILROY CA 95020 1014729 783-49-066 291.87$ 2.92$ 294.80$ CUNNINGHAM, JENNIFER 9733 SEDONA WAY BIJKERSMA,WINFRIED 9733 SEDONA WAY GILROY CA 95020 1027580 783-67-059 386.54$ 3.87$ 390.42$ MAQUINALEZ, SARAH 521 ARNOLD DRIVE MAQUINALEZ,HENRY & BRENDA 8345 KERN AVE GILROY CA 95020 1029347 790-29-008 97.24$ 0.97$ 98.22$ 8.A.b Packet Pg. 58 Attachment: Exhibit A - Garbage Liens Redline [Revision 1] (2289 : Garbage Liens) Customer Name Service Address Apt #Owner Name Owner Addr 2 Owner City State Owner Zip Acct #APN#Lien $County Fee 1%Total1 NEWTON, DAVID AND COLLEEN 6740 CHURCH STREET NEWTON,BARBARA A & DAVID B ETA 6740 CHURCH ST GILROY CA 95020 1030451 799-33-005 187.24$ 1.87$ 189.12$ LOPEZ, REYNA 7272 PRINCEVALLE ST LE SON THANH 2780 LEAVESLEY RD GILROY CA 95020 1036433 799-16-023 139.95$ 1.40$ 141.36$ TSIGARIS, DEMITRIOS 2380 CLUB DR TSIGARIS,DIMITRIOS 2380 CLUB DR GILROY CA 95020 1051937 810-53-013 139.95$ 1.40$ 141.36$ FLORES, LORETTA 2846 ROUNDSTONE DR GUERRIERO,CHRISTOPHER J 2846 ROUNDSTONE DR GILROY CA 95020 1053842 810-76-013 377.98$ 3.78$ 381.76$ CABRERA, XAVIER 7670 HANNA STREET CABRERA,XAVIER JR 7670 HANNA ST GILROY CA 95020 1061621 799-05-020 187.24$ 1.87$ 189.12$ GOELZ, JASON 8120 CATALINA COURT GOELZ,JASON 8120 CATALINA CT GILROY CA 95020 1070796 783-01-028 195.06$ 1.95$ 197.02$ CLIFFORD, DAVID 6460 SUSSEX PLACE CLIFFORD,DAVID & JULIE 6460 SUSSEX PL GILROY CA 95020 1087741 799-45-023 75.06$ 0.75$ 75.82$ GAETOS, REBECCA 165 MARTIN STREET GAETOS,ALFRED Y & REBECCA I 165 MARTIN ST GILROY CA 95020 1089465 841-05-043 187.08$ 1.87$ 188.96$ KOKANOUR, JOLENE 7029 MONTEREY ST YAO,JING 2075 LOCKWOOD DR SAN JOSE CA 95132 1095652 799-51-006 415.69$ 4.16$ 419.86$ OSHIRO, ZARINA 7990 HANNA STREET EL ENCANTO PROPERTIES III LLC 225 W SANTA CLARA ST 1500 SAN JOSE CA 95113 1097120 790-35-035 97.53$ 0.98$ 98.52$ MAYDER, JULIE 610 EL TORO WAY MAYDER,JULIE A 610 EL TORO WAY GILROY CA 95020 1111475 790-31-019 418.81$ 4.19$ 423.00$ ACOSTA, JESSICA 605 JOHNSON WAY NGUYEN,HUNG QUOC 11485 NEW AVE GILROY CA 95020 1116359 799-40-066 555.64$ 5.56$ 561.20$ IBARRA, MARIA 593 EL INVIERNO GUO,YIGANG 593 EL INVIERNO DR GILROY CA 95020 1119700 790-16-102 137.24$ 1.37$ 138.62$ ZUNIGA, ARISDELCY 1275 CHESBRO WAY ARREZ,EDGAR Z 1275 CHESBRO WAY GILROY CA 95020 1120039 790-03-043 97.53$ 0.98$ 98.52$ MIRAMONTES, CATHERINE 331 WALNUT LANE MIRAMONTES,GUADALUPE & CATHERI 331 WALNUT LN GILROY CA 95020 1120187 841-03-038 435.39$ 4.35$ 439.74$ PHARIS, TERI & ROD 1550 PEREGRINE DRIVE PHARIS,RODNEY B & TERI S 1550 PEREGRINE DR GILROY CA 95020 1122563 783-56-011 255.64$ 2.56$ 258.20$ GARCIA, SOLOMON 790 CARLA WAY LOPEZ,SILVANO 790 CARLA WAY GILROY CA 95020 1143072 790-19-011 195.06$ 1.95$ 197.02$ WALLACE, JANET 22 ANGRA WAY WALLACE,GEORGE P & JANET L 22 ANGRA WAY GILROY CA 95020 1151257 799-33-077 418.81$ 4.19$ 423.00$ NAVARRO, ESMERALDA 7706 GINGER PLACE NAVARRO,ENRIQUE A & ESMERALDA 2375 NIEMAN CT SAN JOSE CA 95121 1163591 810-84-043 91.87$ 0.92$ 92.80$ CHAVEZ, ERIC 460 CANOPY CT TIAN,JINING 11792 PINE BROOK LN CUPERTINO CA 95014 1166404 790-53-074 535.95$ 5.36$ 541.32$ GONZALEZ, ROJELIO 290 LILLY AVE MATEOS,MARIA E 290 LILLY AVE GILROY CA 95020 1167030 790-38-001 155.64$ 1.56$ 157.20$ LY, DARA 871-A EL CERRITO WAY A COMMUNITY MATUSICH TRUST 7964 KEMPER CT PLEASANTON CA 94588 1167584 790-22-008 97.53$ 0.98$ 98.52$ LUSTRE, ARACELI 7710 SANTA THERESA DR LUSTRE,ROGELIO & ELAINE ETAL 7710 SANTA THERESA DR GILROY CA 95020 1175488 808-14-009 314.09$ 3.14$ 317.24$ VASQUEZ, DANIELLE 971 FESTA AGLIO CT RAZZAQUI,SHARIF & MARGHUBA 11095 NEW AVE GILROY CA 95020 1176858 790-58-017 241.54$ 2.42$ 243.96$ HARO, ALICE 8066 SWANSTON LANE HARO,BONIFACIO G & ALICE 8066 SWANSTON LN GILROY CA 95020 1179746 841-64-091 291.87$ 2.92$ 294.80$ BRISTER, CANDRA 8110-A SWANSTON LANE A HEWELL,MARK E & SABRINA L TR E PO BOX 1901 GILROY CA 95021 1179761 841-64-096 194.24$ 1.94$ 196.18$ MARTINEZ, ESMERALDA 9357 RODEO DR SANCHEZ,FRANCISCO J & ESMERALD 1925 BALLYBUNION CT GILROY CA 95020 1187673 783-49-019 139.95$ 1.40$ 141.36$ STENBACHK, ANGIE 1668 CREST HILL WAY SOLECKA,KRYSTYNA ETAL 1668 CREST HILL WAY GILROY CA 95020 1191436 783-57-045 474.68$ 4.75$ 479.44$ OROZCO, MARIA AND ELISIO 159 HENNESSEY WAY OROZCO,ELISEO 159 HENNESSEY WAY GILROY CA 95020 1195643 790-47-035 387.24$ 3.87$ 391.12$ THOMAS, SANDRA 1261 JUNIPER DR #G17 17 IGNAGNI,ROCCO PO BOX 1230 GILROY CA 95021 1204197 808-36-017 216.56$ 2.17$ 218.74$ VALLE, KATHERINE 1498 SENEGAL CT VALLE,ESEQUIEL & KATHERINE M 1498 SENEGAL CT GILROY CA 95020 1208123 783-51-112 418.81$ 4.19$ 423.00$ DOMINGUEZ, RAMON GARCIA 7415 ROSANNA STREET BHATIA,KASHMIRI & KAMALJIT PO BOX 1379 GILROY CA 95021 1208511 799-18-051 305.64$ 3.06$ 308.70$ HERRERA, RUBEN H.2501 APPLE TREE WAY HERRERA,RUBEN 2501 APPLE TREE WAY GILROY CA 95020 1210061 810-86-026 183.45$ 1.83$ 185.28$ EVANSWEMUSA, STEPHANIE 7922 CINNAMON WAY WEMUSA,AKIL 3568 TELEGRAPH DR SAN JOSE CA 95132 1211648 810-85-030 382.61$ 3.83$ 386.44$ WINSTEADWILLIAMS, NANCY J. &1674 CREST HILL WAY WEMUSA,AKIL & EVANS STEPHANIE 3568 TELEGRAPH DR SAN JOSE CA 95132 1218445 783-57-044 108.09$ 1.08$ 109.18$ WILLIAMS, SARAH E 7821 SANTA THERESA DR FILICE,JOSEPH TR 30 KEYSTONE AVE MORGAN HILL CA 95037 1219302 808-13-031 139.95$ 1.40$ 141.36$ SALAZAR, DANIEL 810-C EL CERRITO WAY C TEMPERINO,VINCENT E 4520 ROOP RD GILROY CA 95020 1226703 790-22-018 279.90$ 2.80$ 282.70$ GONZALEZ, HECTOR 2171 CRUDEN BAY WAY DARWIN FAMILY TRUST 2171 CRUDEN BAY WAY GILROY CA 95020 1227321 810-48-037 387.24$ 3.87$ 391.12$ MARTINEZ, ANTHONY 6830 GLENVIEW DRIVE MARTINEZ,RADAMES & ROSA PO BOX 23491 SAN JOSE CA 95153 1227875 799-40-049 487.58$ 4.88$ 492.46$ MACIEL, LETTY MARIE 9057 CHURCH STREET MACIEL,EFRAIN 9057 CHURCH ST GILROY CA 95020 1229392 790-47-060 116.82$ 1.17$ 118.00$ GALLEGOS, BELINDA 241 W 8TH ST MU,PETER ETAL 303 TRADEWINDS DR 10 SAN JOSE CA 95123 1230390 799-09-013 57.24$ 0.57$ 57.82$ GITMED,JAMES L & MARY E 9111 CONNELL COURT GITMED,JAMES L & MARY E 9111 CONNELL CT GILROY CA 95020 1230564 790-47-012 387.24$ 3.87$ 391.12$ ORTIZ, CARLOS 7224 HANNA STREET #A A HINDS,JOE H & MARIANNE E TR 2060 WILDER CT GILROY CA 95020 1233105 799-15-039 116.47$ 1.16$ 117.64$ SUNIGA, JAMIE MARK 611 ARNOLD DRIVE SUNIGA,GLORIA S ETAL 611 ARNOLD DR GILROY CA 95020 1241298 790-29-013 369.04$ 3.69$ 372.74$ BEALE, MARY 7240 PRINCEVALLE ST CASTRO,JESSE 7240 PRINCEVALLE ST GILROY CA 95020 1246883 799-16-019 96.72$ 0.97$ 97.70$ COSSIO, VANESSA 6111 STARLING DRIVE TRAN,THONG 6111 STARLING DR GILROY CA 95020 1247873 808-39-023 555.64$ 5.56$ 561.20$ GRIGSBY, JEANETTE 148 W 8TH ST #1/2 1/2 GONZALES,FREDA C 501 PLUM ST 26 CAPITOLA CA 95010 1256684 799-10-015 226.36$ 2.26$ 228.62$ PAPIN, STEVEN L.9641 OHLONE WY JORSTAD,LAURENCE F & T L TRUST 8700 SATTERLEE LN GILROY CA 95020 1257252 783-63-006 374.52$ 3.75$ 378.28$ RHODES, THOMAS L.1500 WELBURN AVENUE RHODES,THOMAS L 1500 WELBURN AVE GILROY CA 95020 1262575 783-26-028 475.82$ 4.76$ 480.58$ HARTMAN, STACEY 9717 LAREDO WY SIMS,LASHAWN 9717 LAREDO WAY GILROY CA 95020 1262732 283-20-041 280.21$ 2.80$ 283.02$ JIMENEZ, JOHN R 40 ERVIN CT DEUTSCHE BK NATL TRUST C 2006-5720 PREMIER PARK DR WEST PALM BEACH FL 33407 1266550 799-46-054 301.67$ 3.02$ 304.70$ MIRAMONTES, REYNALDO JR 7212 CHURCH ST GAN,LU 6172 TRACEL DR SAN JOSE CA 95129 1272285 799-09-041 93.58$ 0.94$ 94.52$ BABB, BRIDGETT 8061 CARMEL STREET #A A SINYARD,LINDA 2145 LOUIS HOLSTROM DR MORGAN HILL CA 95037 1273754 790-31-050 251.95$ 2.52$ 254.48$ MOJICA, RAYMOND 815 SORRENTO DR MOJICA,RAYMOND L 815 SORRENTO DR GILROY CA 95020 1277698 790-60-001 139.95$ 1.40$ 141.36$ VEGA, MIRIAM 8831 ZINNIA STREET PHAM,PAUL HOANG 7730 CURRY DR GILROY CA 95020 1277870 790-59-019 65.31$ 0.65$ 65.96$ FREITAS, JEANNE 455 LINCOLN COURT OSEGUERA,JESUS 455 LINCOLN CT GILROY CA 95020 1279587 835-27-040 118.53$ 1.19$ 119.72$ 8.A.b Packet Pg. 59 Attachment: Exhibit A - Garbage Liens Redline [Revision 1] (2289 : Garbage Liens) Customer Name Service Address Apt #Owner Name Owner Addr 2 Owner City State Owner Zip Acct #APN#Lien $County Fee 1%Total1 GONZALEZ-SAAVEDRA, EDUARDO &562 HADLEY COURT RAMAN,HEMALATHA 4090 CADWALLADER AVE SAN JOSE CA 95121 1282904 841-53-046 256.58$ 2.57$ 259.16$ LOPEZ, MANUEL OR 7737 EIGLEBERRY ST #BCK BCK HOLCOMB,JAMES E ETAL 6495 SUSSEX PL GILROY CA 95020 1290279 799-03-078 229.31$ 2.29$ 231.60$ SUTHERLAND, KRISTINA 8417 WAYLAND LANE REYNOSO,JOSE JR ETAL 8417 WAYLAND LN GILROY CA 95020 1290444 790-25-013 174.94$ 1.75$ 176.70$ HIGDON, YUNISLEIDIS 6338 TANNAT LANE HIGDON,ROBERT J & YUNISLEIDIS 6338 TANNAT LN GILROY CA 95020 1292499 808-52-035 97.53$ 0.98$ 98.52$ PONCELET, EVAN 291 LEWIS STREET PONCELET,EVAN 291 LEWIS ST GILROY CA 95020 1295179 841-04-022 156.04$ 1.56$ 157.60$ 28,099.35$ 281.07$ 28,381.16$ 1) Total is rounded up to the nearest even cent to meet even split of assessment amounts required by Santa Clara County Assessor's Office 11,289.38$ 112.90$ 11,402.60$ 8.A.b Packet Pg. 60 Attachment: Exhibit A - Garbage Liens Redline [Revision 1] (2289 : Garbage Liens) 8.A.c Packet Pg. 61 Attachment: Garbage Lien Protests (2289 : Garbage Liens) City of Gilroy STAFF REPORT Agenda Item Title: Public Hearing to Consider the Report of Abatement of Weeds and Refuse Within the City of Gilroy and Confirming the Imposition of Assessment Liens Against the Land Meeting Date: August 5, 2019 From: Gabriel Gonzalez, City Administrator Department: Fire Department Submitted By: Jeff Clet Prepared By: Greg Larson 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 confirming the report of the Chief of the Fire Department setting forth the description of property, naming the owners thereof and the costs of abating the nuisance caused by the growing of weeds and accumulation of refuse on the property, and providing that such costs shall constitute assessments against the land. EXECUTIVE SUMMARY This hearing is the third part of the annual weed abatement process pursuant to Chapter 12 of the Gilroy City Code. City Council must take action on the costs associated with the removal of weeds on certain properties. Such costs constitute a lien 8.B Packet Pg. 62 on the property until paid, and according to the City Code, will be collected as part of the next tax roll. Previously, at the April 1, 2019 meeting the City Council set May 15 th as the deadline to abate weeds for locations identified on the property abatement list also approv ed at the April 1st public hearing. Properties that were inspected and found in compliance were assessed the regular $80 inspection fee. Those locations that were not abated before the May 15, 2019 deadline were assessed the regular $80 inspection fee plus an additional $495 failed inspection fee for a total amount of $575. Properties requiring abatement actions by the County Weed Abatement Program are assessed an administrative fee of $806, in addition to the $495 failed inspection fee, plus the actual cost of abatement. ANALYSIS Resolution 2019-02 was adopted by Council on January 28, 2019 to declare weeds a nuisance and to begin the annual weed abatement process. Under a contract with the County’s Office of Vegetation Management, the County Weed Abatement Program provides the weed abatement listing, letters of notification, lot inspections, documentation, and arranges abatement services if needed. After Resolution 2019-02 was adopted, a list of lots requiring abatement was created by the County Weed Abatement Program. This includes lots that have been on the previous list that have had failed inspections for the past three (3) years and additional lots added to the list based on non-abatement during the prior season. All owners of the lots listed were sent a weed abatement notice, fee information, and an instruction letter package. On April 1, 2019 a public hearing was held to allow any owner of a listed lot to remove their lot from the program. Subsequently Resolution 2019 -06 was adopted on April 1st approving the list of properties subject to weed abatement and setting the abatement deadline to May 15, 2019. The County conducted its inspections after the May 15th deadline. Property owners were able to communicate directly with the County if they had problems getting their lot abated. Any lot found with weeds after the deadline was sent a notice and assessed a failed inspection fee. The property owner was given an additional two weeks to perform abatement before becoming subject to abatement by the County. Pursuant to Gilroy City Code Section 12.54, attached is a report of the lots inspected and those assessed a failed inspection fee and those that have been abated thus far. All sites are assessed the $80 inspection fee. The sites with failed inspections are assessed an additional failed inspection fee of $495, and the lots that required abatement are assed an additional $806 administrative fee as well as the cost of the contractor’s abatement cost. There are 126 lots that were assessed only the $80 fee, 43 8.B Packet Pg. 63 lots were assessed both the inspection and failed inspection fee for a total of $575, and 3 lots were assessed all the fees described above, as well as an administrative fee of $806 and the actual cost of abatement. The property owners listed for fee assessment were sent a copy of the proposed assessment against their property on July 19, 2019. They have been given an opportunity to call, email or meet with the Fire Marshal and County Weed Abatement Program Manager on or before August 1, 2019, to discuss, object or obtain additional information about their assessment. Any property owner that did not raise objection or did not provide a substantial reason why they should not be assessed still has an opportunity to raise objections at the lien hearing. Any property owner that met with, called or emailed their objection and it was determined there was a mistake or that there was cause for dismissing the assessment fee, will be presented to the City Council for their consideration. The proposed resolution to process the assessment report, including modifications, if any, is recommended for approval. ALTERNATIVES There are no alternatives. This process is dictated by Chapter 12 of the Gilroy City Code. Property owners may have many reasons that their lot was not abated; however, unless the County made a mistake in identifying a lot’s ownership, there are few acceptable reasons to waive the County’s fees. All owners were notified of deadlines and costs, as required by the City Code. The City approved the County’s contract for services and fees at its January 28, 2019 meeting. FISCAL IMPACT/FUNDING SOURCE If the County does not collect adequate funds to meet the program budget they can prorate the shortfall to the cities participating in the p rogram based on the percent of the properties from each City compared to the total number of properties in the program. It will not be known until later in the year if there is a shortfall since abatement activity will be continuing through October. CONCLUSION Adopt a resolution allowing the assessment of fees, minus any qualifying objections, as reported by the Santa Clara Weed Abatement Program. NEXT STEPS This is the final step in this year’s planned abatement process. However, if there are more assessments to be made for this year, a secondary assessment hearing may be held. Otherwise any new assessments would be included in next year’s process. Attachments: 8.B Packet Pg. 64 1. Resolution Weed Abatement Liens 2019 2. Weed Liens 2019 assessment list 8.B Packet Pg. 65 RESOLUTION NO. 2019-XX RESOLUTION NO. 2019-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY CONFIRMING THE REPORT OF THE CHIEF OF THE FIRE DEPARTMENT SETTING FORTH THE DESCRIPTION OF PROPERTY, NAMING THE OWNERS THEREOF, AND THE COST OF ABATING THE NUISANCE CAUSED BY THE GROWING OF WEEDS AND ACCUMULATION OF REFUSE ON THE PROPERTY, AND PROVIDING THAT SUCH COST SHALL CONSTITUTE ASSESSMENTS AGAINST THE LAND WHEREAS , pursuant to Article III of Chapter 12 of the Gilroy City Code, the City Council of the City of Gilroy did on January 28, 2019, the City Council adopted Resolution No. 2019-02 designating certain weeds growing or existing in the City of Gilroy, and refuse accumulating in the City, to be a public nuisance and ordering the Chief of the Fire Department to give notice of the passage of said resolution by posting and publication i n the same manner and for the same time as set forth in Section 12.48 of said code , and the Chief of the Fire Department did cause said notice to be so given; and WHEREAS, pursuant to Resolution No. 2019-02, the property owners as stated on the latest tax assessor's role of the lots or parcels determined to have weeds growing or existing, and/or refuse accumulating were duly noticed that: (1) said weeds and refuse have been determined to constitute a public nuisance, (2) a public hearing would be held at which the City Council would hear and consider any and all objections to the proposed destruction or removal of said weeds or refuse , and (3) weeds and refuse not removed by the property owners will be removed by City authorities, in which case the cost of such destruction and/or removal will be assessed upon the lots and lands from which, or from the front or rear of which, such weeds and accumulation of refuse have been destroyed or removed, and such costs will constitute a lien upon such lots or lands until paid, and will be collected upon the next tax roll upon which general municipal taxes are collected; and WHEREAS , the City Council fixed April 1, 2019, at the hour of 6:00 o'clock p.m., or as soon as thereafter , in the Council Chambers in the City Hall at 7351 Rosanna Street, in 8.B.a Packet Pg. 66 Attachment: Resolution Weed Abatement Liens 2019 (1938 : Weed Abatement Tax Lien Hearing) RESOLUTION NO. 2019-XX the City of Gilroy , as the time and place for the hearing provided for in Section 12.50 of said Code, and the notice given included a statement of the said time and place of hearing; and WHEREAS, the hearing was held on that date in accordance with the City Code and no objections were made to the proposed removal and destruction of the weeds and refuse, and the City Council thereafter adopted Resolution No. 2019-06 requiring the Chief of the Fire Department to abate said nuisance by having the weeds destroyed and the refuse removed as provided in Section 12.51 of the Gilroy City Code; and WHEREAS, the Chief of the Fire Department has filed his report with the City Council, setting forth the actions taken in abating the nuisance, stating an account of the cost of the abatement and an assessment list and identification of each separate lot or parcel of land by description, together with the expense proposed to be assessed against each separate lot or parcel and the name of the owners or reputed owners ("Owners") thereof attached hereto as Exhibit “A” and incorporated herein by this reference; and WHEREAS, it appears that the Chief of the Fire Department has taken all actions required of him in abating said nuisance and removing said weeds and refuse and that the cost thereof as shown in said report is correct and should be confirmed; and WHEREAS, the City Clerk fixed August 5, 2019 at the hour of 6:00 o'clock p.m., or as soon thereafter as the item can be heard, in the Council Chambers in the City Hall at 7351 Rosanna Street, in the City of Gilroy, as the time and place for the hearing provided for in Section 12.53 of Gilroy City; and WHEREAS, the Owners were duly noticed of the hearing, at which the City Council would be presented with the report and assessment list for consideration and confirmation, the abatement costs proposed to be assessed upon the Owners and the right of all persons interested, having any objections to the report and assessment list, or to any matter or thing contained therein, to appear and be heard; and 8.B.a Packet Pg. 67 Attachment: Resolution Weed Abatement Liens 2019 (1938 : Weed Abatement Tax Lien Hearing) RESOLUTION NO. 2019-XX WHEREAS, this hearing was held in accordance with the Gilroy City Code. NOW THEREFORE, BE IT RESOLVED, that a certified copy of this resolution and of the report of the Chief of the Fire Department be turned over to the County Director of Finance, who constitutes the Assessor and Tax Collector for the City of Gilroy, and the amounts shown on said report as the cost of the removal of the weeds and refuse from each of the respective properties and certified as unpaid shall be and constitute a lien on the property for the amount of such assessment respectively, and the Assessor and Tax Collector add the amount thereof to the next regular bill for taxes levied against respective lots and parcels of land for municipal purposes. PASSED AND ADOPTED on this 5th day of August, 2019 by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: APPROVED: ATTEST: Roland Velasco, Mayor Shawna Freels, City Clerk 8.B.a Packet Pg. 68 Attachment: Resolution Weed Abatement Liens 2019 (1938 : Weed Abatement Tax Lien Hearing) APN Owner Name and Address 1705 HECKER PASS 783-01-033 GOMEZ, RAMIRO AND MARISELA R 1705 HECKER PASS HY GILROY CA 95020-8836 $80.00 1735 HECKER PASS 783-02-026 LUTHERAN CHURCH OF THE GOOD SHEPHARD 1735 HECKER PASS HY GILROY CA 95020-8837 $80.00 2005 HECKER PASS 783-03-002 SUNSET HILLS DEVELOPMENT LLC 575 SOUTHSIDE DR STE C GILROY CA 95020 $80.00 0 HECKER PASS 783-03-003 SUNSET HILLS DEVELOPMENT LLC 575 SOUTHSIDE DR STE C GILROY CA 95020 $80.00 NO SITUS 783-03-070 SUNSET HILLS DEVELOPMENT LLC 575 SOUTHSIDE DR STE C GILROY CA 95020 $80.00 8340 WINTER GREEN 783-03-073 MARQUES, ALBERT 2020 ROCKROSE CT GILROY CA 95020-7931 $575.00 8350 WINTER GREEN 783-03-074 EDWARDS, LORETTA 830 SYDNEY CT GILROY CA 95020-0000 $80.00 9835 MONTEREY 783-19-010 MARTIN LIMITED PART 10756 GREEN VALLEY DR GILROY CA 95020 $80.00 NO SITUS 783-21-065 HEE, NICOLE K 0 PO BOX 217 GILROY CA 95021 $80.00 9075 GUAYMAS 783-37-015 BASS, KIMBERLY A AND CLARENCE A 4300 SPRINGBROOK LN GARDENDALE AL 35071-4115 $80.00 0 HOLLYHOCK 783-45-044 ENTERPRISE REI 8 LLC 10440 DE ANZA BL CUPERTINO CA 95014 $1,048.68 2165 PERIWINKLE 783-46-030 VILLA, JOSE 2165 PERIWINKLE DR GILROY CA 95020-7929 $80.00 2335 WILDROSE 783-46-037 KHUONG, SOVA 2335 WILDROSE CT GILROY CA 95020-0000 $80.00 NO SITUS 783-46-079 WATSON, MARCUS A AND CAMERON B 1881 CAMPBELL AV SAN JOSE CA 95125-5611 $80.00 0 SUNFLOWER 783-47-003 ENTERPRISE REI 8 LLC 24168 BIG BASIN WY SARATOGA CA 95070 $1,666.70 8772 FOXGLOVE 783-52-019 SAULAN, KIMCHAU THI TRUSTEE 4125 HECKER PASS RD GILROY CA 95020 $575.00 8755 WILD IRIS 783-52-031 ZARGARIAN, HELGA 8755 WILD IRIS DR GILROY CA 95020-0000 $575.00 1950 LAVENDER 783-52-035 VERMA, ASHISH TRUSTEE & ET AL 970 WOOD DUCK AV SANTA CLARA CA 95051 $80.00 9246 DOVE 783-57-004 AYALA, DANIEL J AND ELIZABETH L 9246 DOVE CT GILROY CA 95020-0000 $80.00 2311 HOYA 783-64-021 REYES, OSCAR J AND SHIRLEY ANN G 85 HAYES AV SAN JOSE CA 95123-2141 $80.00 2331 HOYA 783-64-022 HARALAMBIDIS, CATHRYNE ET AL 2991 PORTOLA VALLEY DRE GILBERT AZ 85297 $80.00 2354 BANYAN 783-65-022 KARBALEINEMATMOEINI, AMIRHOSSEIN AND SHARIF, SEYEDAHSHABDIZ2121 CRUDEN BAY WY GILROY CA 95020-0000 $575.00 9121 GUNNERA 783-65-024 VU, FRANK H TRUSTEE 1450 FRY RD HOUSTON TX 77084 $80.00 9100 GUNNERA 783-65-026 OCHOA, JOSE LUIS TRUSTEE 9100 GUNNERA LN GILROY CA 95020-0000 $80.00 2170 HOLLYHOCK 783-70-012 VANNI, MICHAEL A AND JULIENNE L TRUSTEE 2170 HOLLYHOCK CT GILROY CA 95020-0000 $80.00 2140 HOLLYHOCK 783-70-015 LEMIEUX, NORMAN T AND STEPHANIE A 2140 HOLLYHOCK LN GILROY CA 95020-0000 $80.00 1871 CAROB 783-72-010 PAPPAS, DEAN AND HEATHER 1871 CAROB CT GILROY CA 95020-7796 $80.00 1870 CAROB 783-72-012 OMER, SYEDA M AND QURESHI, MOHAMMED O 853 GERONIMO ST GILROY CA 95020-0000 $80.00 1860 CAROB 783-72-013 NANAYAKKARA, CHAMINDA AND PERERA, DILSHANI 1860 CAROB CT GILROY CA 95020-0000 $80.00 1830 CAROB 783-72-016 ARAKELIAN, ELIZA 760 CAMPBELL AVE APT 10 CAMPBELL CA 95008-2333 $575.00 1820 CAROB 783-72-017 ZHANG, SHELING AND ZHAN, YING 189 BANGOR AV SAN JOSE CA 95123-3602 $80.00 1810 CAROB 783-72-018 OP DEVELOPMENT INC 145 RIGGS AV MERCED CA 95340 $575.00 9175 TEA TREE 783-72-019 MILTON, GREGORY E 115 LOS ALTOS DR HOLLISTER CA 95023 $80.00 9145 TEA TREE 783-72-020 REISINGER, DONALD J AND LAURIE J 931 MATTS CT LOS ALTOS CA 94024-4709 $80.00 9110 TEA TREE 783-72-022 DONOVAN, DARRYL AND MENA 9110 TEA TREE WY GILROY CA 95020-0000 $80.00 9045 TEA TREE 783-72-023 CHAKAMIAN, SHARAREH H AND SANJAR 1940 PEAR DR MORGAN HILL CA 95037-0000 $575.00 9050 TEA TREE 783-72-024 PAWLICKI, AGNIESZKA 9050 TEA TREE WY GILROY CA 95020-0000 $575.00 9035 TEA TREE 783-72-025 MONTENERO, JOHN AND NATALIYA 9035 TEA TREE WY LOT 25 GILROY CA 95020-0000 $80.00 9030 TEA TREE 783-72-026 DO, NGOC BICH THI ET AL 979 STORY RD #7024 SAN JOSE CA 95122 $575.00 9025 MIMOSA 783-72-027 KOLLAREDDY, USHARANI ET AL 7948 MCCLELLAN RD APT 1 CUPERTINO CA 95014 $575.00 9002 MIMOSA 783-72-029 SOSA, VICTOR J AND DEBORAH L 9002 MIMOSA CT GILROY CA 95020-0000 $80.00 8962 TEA TREE 783-72-030 THIEN, TRACY 38 PARK FLETCHER PL SAN JOSE CA 95136-2403 $575.00 2019 Assessment Report for the City of Gilroy Property Address Assessment 8.B.b Packet Pg. 69 Attachment: Weed Liens 2019 assessment list (1938 : Weed Abatement Tax Lien Hearing) 8981 TEA TREE 783-72-031 NRI ASSOCIATES LLC 2250 CEDARSIDE CT SAN JOSE CA 95116-0000 $575.00 8971 TEA TREE 783-72-033 LIU, HONGXUAN 2165 HOLLYHOCK CT GILROY CA 95020-0000 $80.00 8951 TEA TREE 783-72-034 BALAGANI, VENKATA AND SUNITHA 1940 KILLARNEY CT GILROY CA 95020-3054 $80.00 8950 MIMOSA 783-72-035 PHAM, LAN ET AL 15858 RICA VISTA WY SAN JOSE CA 95127-0000 $575.00 0 MIMOSA 783-72-036 SR BUILDING BLOCKS LLC 3915 JERABEK CT SAN JOSE CA 95136-2067 $80.00 8983 MIMOSA 783-72-037 TRAN, THANH QUANG AND CHAU, NGOCHUONG THIEN 190 FENNEL CT MORGAN HILL CA 95037-0000 $80.00 9005 MIMOSA 783-72-038 SMITH, DARRYL AND SMITH-LEE, DEBORAH 222 MARGARITA AV PALO ALTO CA 94306-2822 $80.00 2204 BANYAN 783-72-039 CHAKAMIAN, SANJAR AND SHARAREH H 1940 PEAR DR MORGAN HILL CA 95037-0000 $575.00 2203 BANYAN 783-72-040 ROBLES, RONALD E AND MARIA R 1225 VIENNA DR #251 SUNNYVALE CA 94089 $575.00 2223 BANYAN 783-72-041 NGUYEN, TRUONGTHINH THIEN 2223 BANYAN CT GILROY CA 95020-0000 $80.00 2224 BANYAN 783-72-042 NAKANO, NANCY N ET AL 1610 DELL AV SUITE D CAMPBELL CA 95008 $575.00 2243 BANYAN 783-72-043 WANG, LEO AND DIAN H 1784 LENNOX WY SALINAS CA 93906 $80.00 2244 BANYAN 783-72-044 KATTAN, SHALOM 1622 CAMPBELL AVW 107 CAMPBELL CA 95008 $80.00 9210 MAHOGANY 783-72-045 NGUYEN, PHU AND DOAN, LILY 3339 VANGORN WY SAN JOSE CA 95121-2555 $80.00 9230 MAHOGANY 783-72-046 QUILICI, TODD AND YVONNE 9230 MAHOGANY CT GILROY CA 95020-0000 $80.00 9250 MAHOGANY 783-72-047 PADMANABHAN, SUNDAR AND SANGEETA 47836 MASTERS CT FREMONT CA 94539 $80.00 9211 MAHOGANY 783-72-049 NGUYEN, THUAN TUNG 3087 OAKBRIDGE DR SAN JOSE CA 95121 $80.00 2273 BANYAN 783-72-051 LE, LIEM QUANG 3100 MELCHESTER DR SAN JOSE CA 95132-1744 $80.00 2283 BANYAN 783-72-052 LUEDTKE, GREGORY AND YOUNGGI 8937 HIDDEN CANYON RD SALINAS CA 93907 $80.00 2291 BANYAN 783-72-053 HARRIS, VICKY CHON 19 MANDALAY PL SOUTH SAN FRANCISCOCA 94080 $80.00 2282 GUNNERA 783-72-055 DA SILVA, PAULA J AND JOHN B 1344 JEFFERSON ST SANTA CLARA CA 95050-4749 $80.00 2281 GUNNERA 783-72-056 WATTS, GARY R AND YUNG-NING EMILY TRUSTEE 2281 GUNNERA CT GILROY CA 95020-0000 $80.00 2262 COLUMBINE 783-72-057 HOLDER, JOHN C AND KRISTI E 2300 CLUB DR GILROY CA 95020-0000 $80.00 2241 COLUMBINE 783-72-060 KENNEDY, JOHN D ET AL 0 PO BOX 330 SAN JUAN BAUTISTACA 95045 $80.00 2202 COLUMBINE 783-72-061 KRUPA, STANISLAW TRUSTEE & ET AL 901 CALLE SERRA SAN DIMAS CA 91773 $575.00 2162 COLUMBINE 783-72-063 WENDT, ROBERT G ET AL 1243 BLUE PARROT CT GILROY CA 95020-0000 $80.00 1591 LONGMEADOW 783-75-011 BREWER, THOMAS E AND PATRICIA A TRUSTEE 1591 LONGMEADOW CT GILROY CA 95020-0000 $80.00 95 FARRELL 790-07-007 KUANG, WEIWEI 1952 EISENHOWER DR SANTA CLARA CA 95054-1621 $575.00 171 RONAN 790-15-009 NGUYEN, THUAN AND LE, HUONG 3295 KLOETZEL LN SAN JOSE CA 95148-0000 $80.00 8877 MONTEREY 790-15-036 MARGARETICH, BOZO AND VANJA 946 STANLEY AV LOS ALTOS CA 94024-5067 $80.00 9130 KERN 790-17-002 9130 KERN AVE LLC 1450 EL CAMINO RD MENLO PARK CA 94025 $575.00 9160 KERN 790-17-003 ST FRANCIS INVESTMENT III 750 MENLO AV STE 250 MENLO PARK CA 94025 $575.00 8505 CHURCH 790-28-004 DE BELL, KENNETH E ET AL 8505 CHURCH ST STE 1 GILROY CA 95020-4262 $80.00 431 WELBURN 790-30-065 TORRES, MARGARET 431 WELBURN AV GILROY CA 95020-4325 $80.00 431 EL CERRITO 790-34-018 HERNANDEZ, JOSE E AND MELBA A 431 EL CERRITO WY GILROY CA 95020 $80.00 0 CHURCH 790-35-008 ROMAN CATHOLIC BISHOP OF SAN JOSE 11 FIRST ST GILROY CA 95020 $575.00 265 GURRIES 790-35-040 DEUTSCHE BANK NATIONAL TRUST COMPANY TTEE 1800 TAPO CANYON RD SIMI VALLEY CA 93063 $80.00 255 GURRIES 790-35-041 DEUTSCHE BANK NATIONAL TRUST COMPANY TTEE 1800 TAPO CANYON RD SIMI VALLEY CA 93063 $80.00 295 GURRIES 790-35-042 DEUTSCHE BANK NATIONAL TRUST COMPANY TTEE 1800 TAPO CANYON RD SIMI VALLEY CA 93063 $80.00 305 GURRIES 790-35-043 DEUTSCHE BANK NATIONAL TRUST COMPANY TTEE 1800 TAPO CANYON RD SIMI VALLEY CA 93063 $80.00 315 GURRIES 790-35-044 DEUTSCHE BANK NATIONAL TRUST COMPANY TTEE 1800 TAPO CANYON RD SIMI VALLEY CA 93063 $80.00 8365 CHURCH 790-36-038 MONTANO, AL TRUSTEE & ET AL 15191 KARL AV MONTE SERENOCA 95030-2229 $80.00 1355 1ST 790-39-030 YOUMANS, KRAIG AND FORTINO, TERI TRUSTEE & ET AL 8635 EL MATADOR DR GILROY CA 95020-9418 $575.00 305 COHANSEY 790-65-092 CENTRAL VALLEY COALITION 3351 M STREET #100 MERCED CA 95348 $80.00 8.B.b Packet Pg. 70 Attachment: Weed Liens 2019 assessment list (1938 : Weed Abatement Tax Lien Hearing) 7711 MONTEREY 799-03-055 7711 MONTEREY RD LLC 0 305 SAN JOSE CA 95138 $575.00 7750 EIGLEBERRY 799-03-069 PARAMOUNT DEVELOPMENT PROPERTIES LLC 2331 DANA CT CARLSBAD CA 92008 $80.00 7601 MONTEREY 799-04-008 BIIOUX LLC 5387 SILVER TRAIL CT SAN JOSE CA 95138-0000 $80.00 EIGLEBERRY 799-09-028 APOR PETE E & ROSARIO J TRUSTEE 14639 BADGER PASS RD MORGAN HILL CA 95037-5904 $3,422.22 7201 EIGLEBERRY 799-09-038 MATOS, CARLOS ALFREDO B ET AL 8265 WATSONVILLE RD GILROY CA 95020-9427 $80.00 0 EIGLEBERRY 799-10-042 BAINS, JAGJIT SINGH 3435 HARBOR CT SAN JOSE CA 95127-4311 $80.00 7560 MILLER 799-24-024 THOMA, MELINDA W AND PAUL F 8581 AMANDA WY GILROY CA 95020 $80.00 0 799-24-025 THOMA, MELINDA W AND PAUL F 8581 AMANDA WY GILROY CA 95020 $80.00 6700 CHURCH 799-33-001 MONSEF, CYRUS 6700 CHURCH ST GILROY CA 95020-6508 $80.00 80 10TH 799-34-036 NAJAFI, HAMID AND SHAHRZAD 965 LAUREL GLEN DR PALO ALTO CA 94304 $80.00 0 ROYAL 799-44-094 ELITE DEVELOPMENTS INC 144 WESTLAKE AV WATSONVILLE CA 95076 $575.00 0 ROYAL 799-44-095 ELITE DEVELOPMENTS INC 144 WESTLAKE AV WATSONVILLE CA 95076 $575.00 0 ROYAL 799-44-096 ELITE DEVELOPMENTS INC 144 WESTLAKE AV WATSONVILLE CA 95076 $575.00 0 ROYAL 799-44-097 ELITE DEVELOPMENTS INC 144 WESTLAKE AV WATSONVILLE CA 95076 $575.00 0 ROYAL 799-44-098 ELITE DEVELOPMENTS INC 144 WESTLAKE AV WATSONVILLE CA 95076 $575.00 0 THOMAS 799-44-109 ELITE DEVELOPMENTS INC 144 WESTLAKE AV WATSONVILLE CA 95076 $575.00 NO SITUS 799-44-110 ELITE DEVELOPMENTS INC 144 WESTLAKE AV WATSONVILLE CA 95076 $80.00 7890 SANTA TERESA 808-01-022 EAGLE GARDEN LLC 21701 STEVENS CRK BLV #2610 CUPERTINO CA 95014 $80.00 1490 1ST 808-01-023 EAGLE GARDEN LLC 21701 STEVENS CRK BLV #2610 CUPERTINO CA 95014 $80.00 10 WEST LUCHESSA 808-21-009 MCDERMOTT, MICHAEL ET AL 6300 MONTEREY RD GILROY CA 95021 $575.00 7698 BENASSI 808-26-052 MORRISSEY, CHARLES P 7698 BENASSI DR GILROY CA 95020-4778 $80.00 7800 PONDEROSA 808-37-008 TATOLA-VEIKOSO, TELEISIA SISIOLONI AND VEIKOSO, SIONE POI 7800 PONDEROSA DR GILROY CA 95020-4777 $80.00 6151 THOMAS 808-39-066 CORP PRESI BISH CHURCH CHRIST LATTR DAY SN 50 E NORTH TEMPLE FL 22 SALT LAKE CITYUT 84150-3620 $80.00 NO SITUS 810-20-021 HP AG LAND LLC 23 CORPORATE PL 150 NEWPORT BEACHCA 92625 $80.00 2740 HECKER PASS 810-20-033 HECKER PASS COMMERCIAL LLC 1999 BASCOM AVS 700 CAMPBELL CA 95008 $575.00 0 MESA 810-30-032 WESTBROOK, BARBARA TRUSTEE 1065 CASTRO VALLEY RD GILROY CA 95020-9595 $575.00 7518 FERNIE 810-67-041 RADOSEVICH, ERIC J TRUSTEE 7518 FERNIE CT GILROY CA 95020-0000 $575.00 8605 MURRAY 835-01-003 MONTANO, AL 15191 KARL AV MONTE SERENOCA 95030-2229 $80.00 210 LAS ANIMAS 835-02-013 GLANDER, CARMELLA R TRUSTEE 707 MONROE STN SAN JOSE CA 95128-1343 $80.00 0 LAS ANIMAS 835-02-016 ATLANTIC CONCRETE INC 0 P O BOX 1772 GILROY CA 95021-1772 $80.00 370 TOMKINS 835-02-023 MARTIN, INEZ M TRUSTEE 14010 COLUMBET AV SAN MARTIN CA 95046-9710 $80.00 9070 ELECTA 835-02-065 MACKIN, DAVID ET AL 0 PO BOX 320424 LOS GATOS CA 95032 $80.00 402 MADISON 835-03-059 ZEPEDA, ALFREDO AND ESMERALDA ET AL 1420 DUROUX RD LA MARQUE TX 77568-4603 $80.00 9080 SAN YSIDRO 835-04-078 GILROY SELF STORAGEPARTNERS LLC 0 P.O.BOX 699 DANVILLE CA 94526 $80.00 600 LAS ANIMAS 835-04-082 GREEN, GEORGE E AND LYNDA M 13575 MAMMINI CT SAN MARTIN CA 95046 $80.00 9096 SAN YSIDRO 835-04-085 GREEN, GEORGE E AND LYNDA M 13575 MAMMINI CT SAN MARTIN CA 95046 $80.00 9090 SAN YSIDRO 835-04-086 GREEN, GEORGE E AND LYNDA M 13575 MAMMINI CT SAN MARTIN CA 95046 $80.00 0 LAS ANIMAS 835-05-005 DO, HUONG MINH AND TRAN HUE 296 DELIA ST SAN JOSE CA 95127-2205 $80.00 135 LAS ANIMAS 835-05-007 GLANDER, CARMELLA R TRUSTEE 707 MONROE STN SAN JOSE CA 95128-1343 $575.00 8841 MURAOKA 835-31-015 RAUSCHNOT, MICHAEL TRUSTEE & ET AL 0 P.O. BOX 668 MORGAN HILL CA 95037 $80.00 8831 MURAOKA 835-31-016 C AND R DEVELOPMENTLLC 0 P.O. BOX 668 MORGAN HILL CA 95038 $80.00 NO SITUS 841-02-046 UNION PACIFIC CORPORATION 10031 FOOTHILLS BLVD ROSEVILLE CA 95747 $575.00 8155 SWANSTON 841-02-054 CHARRON, STEVEN A TRUSTEE 1225 EMORY ST SAN JOSE CA 95126-1706 $80.00 NO SITUS 841-02-055 DRL PROPERTIES LLC 2545 MUIRFIELD WY GILROY CA 95020-0000 $80.00 8.B.b Packet Pg. 71 Attachment: Weed Liens 2019 assessment list (1938 : Weed Abatement Tax Lien Hearing) 7840 MONTEREY 841-02-058 UNION BAY INV CO 10476 LINDBROOK DR LOS ANGELES CA 90024 $80.00 7650 FOREST 841-03-056 ARTIGA, JOSUE O 1420 BRIARBERRY LN GILROY CA 95020-0000 $80.00 7640 FOREST 841-03-057 TANG, ZHIHUI AND LIU, XIA 4785 PARK WEST DR SAN JOSE CA 95130 $80.00 7620 FOREST 841-03-059 DARIAS-BARBA, TERESA AND BARBA, WILLIAM T 7620 FOREST ST GILROY CA 95020-5202 $80.00 395 LEWIS 841-03-062 NGUYEN, HUNG Q AND LE, HONG T 11485 NEW AV GILROY CA 95020-9027 $80.00 341 LEWIS 841-03-063 AADI CORPORATION 1315 JULIAN STE SAN JOSE CA 95116-1011 $80.00 311 LEWIS 841-03-070 CHARLES, JOE R AND CARMEN A 311 LEWIS ST GILROY CA 95020-5220 $575.00 7610 FOREST 841-03-071 OLIVERI, SALVATORE A 7610 FOREST ST GILROY CA 95020-5202 $80.00 111 LEWIS 841-04-029 GILROY LEWIS STREETL P 151 KALMUS DR STE J5 COSTA MESA CA 92626 $80.00 222 MARTIN 841-06-040 Deng Liu & Shasha Chen 400 Palm Ave Millbrae CA 94030 $80.00 0 841-06-062 UNION PACIFIC CORPORATION 10031 FOOTHILLS BLVD ROSEVILLE CA 95747 $80.00 7492 CHESTNUT 841-07-027 SANCHEZ, ELOY G AND ANGELICA M 7492 CHESTNUT ST GILROY CA 95020-5806 $80.00 7472 1/2/2018CHESTNUT 841-07-043 FERNANDEZ, FABIAN ET AL 7472 CHESTNUT ST GILROY CA 95020-5806 $80.00 0 SOUTH VALLEY 841-10-039 PACIFIC GAS AND ELECTRIC CO ATT: Nguyen Chau 111 ALMADEN BLVD SAN JOSE CA 95115-0005 $575.00 700 RENZ 841-10-047 NIJJAR, KARAMJIT SINGH AND RAJINDER KAUR 7755 GILROY AVN FRESNO CA 93722 $80.00 7101 ALEXANDER 841-13-021 UNION PACIFIC CORPORATION 10031 FOOTHILLS BLVD ROSEVILLE CA 95747 $80.00 NO SITUS 841-13-022 UNION PACIFIC CORPORATION 10031 FOOTHILLS BLVD ROSEVILLE CA 95747 $80.00 0 SOUTH VALLEY 841-14-059 UNION PACIFIC CORPORATION 10031 FOOTHILLS BLVD ROSEVILLE CA 95747 $80.00 NO SITUS 841-14-060 UNION PACIFIC CORPORATION 10031 FOOTHILLS BLVD ROSEVILLE CA 95747 $80.00 NO SITUS 841-14-072 UNION PACIFIC CORPORATION 10031 FOOTHILLS BLVD ROSEVILLE CA 95747 $575.00 5870 MONTEREY 841-14-080 GARLIC FARM TRUCK CENTER LLC 5000 2ND STE G BENECIA CA 94510 $80.00 6605 CHESTNUT 841-16-117 CHRISTOPHER, DONALD C TRUSTEE 305 BLOOMFIELD AV GILROY CA 95020 $80.00 6900 CAMERON 841-17-100 MCCARTHY GILROY LLC 210 ALMENDRA AV LOS GATOS CA 95030-7211 $575.00 6503 CAMERON 841-17-107 MCCARTHY GILROY LLC 210 ALMENDRA AV LOS GATOS CA 95030-7211 $80.00 6501 CAMINO ARROYO 841-17-111 UNITED NATURAL FOODS WEST INC 100 OLIVER ST FLR 18TH BOSTON MA 2110 $80.00 NO SITUS 841-17-119 UNITED NATURAL FOODS WEST INC 100 OLIVER ST FLR 18TH BOSTON MA 2110 $80.00 NO SITUS 841-17-121 UNITED NATURAL FOODS WEST INC 100 OLIVER ST FLR 18TH BOSTON MA 2110 $575.00 NO SITUS 841-18-086 SOUTH COUNTY VENS LLC 635 CAMPBELL TECH PY # 100 CAMPBELL CA 95008 $80.00 NO SITUS 841-18-087 SOUTH COUNTY VENS LLC 635 CAMPBELL TECH PY 100 CAMPBELL CA 95008 $80.00 NO SITUS 841-53-066 NGUYEN, THU TAM 2673 MCLAUGHLIN AV SAN JOSE CA 95121-2752 $80.00 850 HOLLOWAY 841-70-026 LOUGHRAN, ALEXANDER 237 LAUMER AV SAN JOSE CA 95127-2433 $80.00 6970 CAMINO ARROYO 841-70-049 OLIVE CAMINO ARROYOLLC 4675 MAC ARTHUR CT STE 1550NEWPORT BEACHCA 92660 $575.00 5885 ROSSI 841-72-001 FORTUNA DEL TIEMPO LLC 19910 SUNSET DR LOS GATOS CA 95030-2933 $80.00 5865 ROSSI 841-72-002 MELO, MANUEL M TRUSTEE & ET AL 1425 LAKEVIEW CT SAN MARTIN CA 95046-0000 $80.00 0 LUCHESSA 841-73-005 LONESTAR CALIFORNIAINC 1501 BELVEDERE RD WEST PALM BEACHFL 33406 $575.00 5980 TRAVEL PARK 841-75-011 HOANG, VINCE AN TRI 5240 MONTEVERDE LN LINCOLN CA 95648 $575.00 5920 TRAVEL PARK 841-75-013 ALI, ASHRAF H AND YASMIN 5000 2ND STE SUITE G BENICIA CA 94510 $80.00 5970 TRAVEL PARK 841-75-014 ALI, ASHRAF H AND YASMIN 5000 2ND STE SUITE G BENICIA CA 94510 $80.00 5847 OBATA 841-76-008 SALINAS, CARL 0 PO BOX 1569 GILROY CA 95021 $80.00 0 MAYOCK 841-76-022 HEINZEN, ALAN B TRUSTEE & ET AL 2482 HOWELL LN GILROY CA 95020-9177 $80.00 300 OBATA 841-79-006 SEALAKE CORPORATION 20310 ARGONAUT DR SARATOGA CA 95070-4304 $80.00 380 OBATA 841-79-017 SALINAS, CARL L TRUSTEE 380 OBATA CT GILROY CA 95020-0000 $80.00 8.B.b Packet Pg. 72 Attachment: Weed Liens 2019 assessment list (1938 : Weed Abatement Tax Lien Hearing) City of Gilroy STAFF REPORT Agenda Item Title: Tentative Map Application to Subdivide Approximately 125.32 Acres Located North of Santa Teresa Boulevard Between Merlot Drive and Miller Avenue, APN’s 808-18-003, 808-18-024, 808-18- 025 and 808-18-026 to Create a Total of 171 Residential Lots of the Glen Loma Ranch Specific Plan Area With Two Public Open Space Trail Parcels, 22 Private Open Space Parcels and Three lots for Future Development; Applicant Tim Filice Representing the Glen Loma Group (TM 18-02) Meeting Date: August 5, 2019 From: Gabriel Gonzalez, City Administrator Department: Community Development Department Submitted By: Greg Larson Prepared By: Greg Larson Melissa Durkin 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 approving tentative map TM 18-02 a subdivision of 125.32+/- acre site into 102 village lots in the nebbiolo neighborhood, 46 compact lots in the Malvasia neighborhood and 23 compact lots in the Glen Neighborhood for a total of 171 residential lots, with two public open space trail parcels, 22 private open space parcels and three lots for future development on a property located north of Santa Teresa Boulevard between Merlot Drive and Miller Avenue, APN’s 808-18-003, 808-18-024, 808-18-025 and 808-18-026, filed by Glen 8.C Packet Pg. 73 Loma Group. EXECUTIVE SUMMARY The proposed project (TM 18-02) comprises a tentative map request to subdivide approximately 125 acres within the Glen Loma Ranch Specific Plan area. In total, 171 residential lots of varying densities are proposed as well as several community benefits to support open space preservation and build -out of trails. In June 2019, the Planning Commission considered this project and unanimously recommended City Council approval of the proposal. Approval of the tentative map is a significant milestone in the development process, and is a point at which much uncertainty regarding the project is removed. A tentative map facilitates the division of land, and provides clear transfer of ownership of any lots that are created. The tentative map is the parcel configuration proposed prior to a final or parcel map, the official recorded document. BACKGROUND The Glen Loma Group developed the Glen Loma Ranch Specific Plan between 2000 and 2005 through a series of community meetings, a Specific Plan liaison committee, and several Planning Commission, City Council, and Parks and Recreation Commission workshops. The Planning Commission and City Council considered the Specific Plan at public hearings held in 2005, and the City Council adopted it on November 7, 2005 [Ref: Resolution 2005-81]. The Specific Plan area comprises approximately 309 acres and preserves nearly 100 acres of natural open space and public benefit areas. Land uses include a Town Center commercial district and 17 distinct residential neighborhoods with up to 1,693 residential units. At build-out, the Specific Plan envisions various residential densities and housing types, including single-family homes, apartments, low-income units, and senior units. To date, 11 residential neighborhoods (totaling 908 units) have received tentative map approval. Three neighborhoods (Vista Bella, Petite Syrah and Mataro), with a total of 274 units, have completed build out. As allowed by the Development Agreement, residential allocations associated with the Specific Plan were extended from 2006 through 2012. Construction of homes within the Specific Plan area proceeded in earnest after the first final maps were approved in 2015. Future architectural and site review applications in the Nebbiolo, Malvasia, and The Glen neighborhoods will be considered separately from this proposed tentative map. In accordance with the Glen Loma Ranch Specific Plan Development Agreement , such approvals are approved administratively by the Planning Manager, if consistent with the expectations of the Specific Plan. 8.C Packet Pg. 74 Tentative Maps in General The approval of a tentative map, is a significant milestone in the development process, and is a point at which much uncertainty regarding the project has been removed. The value of a 10-acre, raw parcel of land could easily increase tenfold with a well-crafted, approved tentative map. This value increase is mostly because an approved tentative map is much less risky to buy than a raw piece of land. That’s assuming the project is also designed well. Much of the work a developer does is on obtaining tentative map approval. The California Department of Real Estate estimates the time to take land from raw and unentitled to an approved tentative map to be a minimum of two years and a maximum of over ten years. There are costs, in addition to the time, research, and manpower, to filling a tentative map application. Developers must hire professional consultants, such as a Licensed Land Surveyor or registered Civil Engineer. But these are just a couple of the many consultants a developer needs to hire to create a salable project. The time and money invested are not what makes a tentative map so important; it is the removal of risk. The tentative map is the last ‘discretionary’ approval required. Discretionary means that the city is granted police power, under the Map Act, to deny the map if they believe it will, “place the residents of the subdivision or the immediate community, or both, in a condition dangerous to their health and safety.” This means that, even with the proper zoning, general plan designation, and a tentative map professionally prepared with all fees paid, a development may be denied at the discretion of the local entity. Planning Commission Recommendation At their June 20, 2019 meeting, the Planning Commission recommended approval of TM 18-02 by a vote of 5-0-2 (Commissioners Kim and Rodriquez were absent). The Planning Commission did not express any concerns over this project, as it implements the approved Glen Loma Ranch Specific Plan. The Planni ng Commission staff report is included as an attachment to this report for reference. Tentative Map 18-02 Project Description The subject site is within the Glen Loma Ranch Specific Plan and located north of Santa Teresa Boulevard, between Merlot Drive and Miller Avenue. Nebbiolo Neighborhood The Nebbiolo neighborhood consists of 102 Village single -family lots on 15.15 acres, resulting in a density of 6.7 dwelling units/acre (du/ac). As required by the Specific Plan, lots in this neighborhood range in size from 5,000 to 12,600 square feet and will be served by private streets with 102 on-street parking spaces. 8.C Packet Pg. 75 The neighborhood will benefit from a 0.43 acre private open space area as a focal point. Malvasia Neighborhood The Malvasia neighborhood consists of 46 Compact single-family lots on 5.65 acres, resulting in a density of 8.1 du/ac. Lots in this neighborhood range in size from 4,000 to 9,070 square feet and will be served by private streets with 46 street parking spaces. A 4.4 acre remainder lot is proposed for future development (lot C3). This lot is anticipated to accommodate an attached housing product which has not yet been determined at this time. Two private open space areas totaling 3.2 acres will serve as the neighborhood focal point. The Glen Neighborhood The Glen neighborhood is located at the top of a wooded bluff and is almost entirely surrounded by preserved natural open space areas. Access to this site will be provided by a private divided cul-de-sac and this neighborhood will be gated. The Glen neighborhood consists of 23 Compact single-family lots on 2.95 acres, resulting in a density of 7.8 du/ac. The lots range in size from 4,860 to 7,000 square feet. A total of 23 on-street parking spaces are proposed. Homes in this neighborhood will back on to the preserved natural open space areas surrounding this site. A detention basin lies at the top of this neighborhood (lot B 21). In addition, a 0.2 -acre private open space area will be developed in the future as a neighborhood focal point. Additionally, the subdivision would also create two public open space parcels for the construction of the Santa Teresa trail; 22 private open space parcels that will be maintained by the homeowners’ association; three parcels for future development within the Specific Plan area; and associated public and private streets. ANALYSIS Circulation Private streets within the proposed Nebbiolo, Malvasia, and The Glen subdivisions comply with City of Gilroy private street standards in terms of lane width, sidewalk width, and parking stall width; all private streets will be maintained by the homeowners’ association. The names of the new private streets have been approved in accordance with the Development Agreement (see attached Street Names). Access to the Nebbiolo, Malvasia, and The Glen subdivision will be provided by West Luchessa Avenue and Merlot Drive. Open Space Development, Interface and Maintenance 8.C Packet Pg. 76 Trail Development: In addition to the neighborhood focal point areas discussed above, the new communities will contribute to build-out of nearby trails. The Malvasia neighborhood will develop the portion of the Class I (paved) Santa Teresa trail that abuts this property. This Nebbiolo neighborhood will develop the Autumn Camp trail, which will connect West Luchessa Avenue to Miller Avenue. Trail/Open Space Interfaces: City general plan policies discourage homes backing onto open space areas for public safety purposes. In addition, some recreational use of open space areas adjacent to residential rear yards can be a nuisance to residents. However, in consideration of the fact that approximately 25 percent of the Glen Loma Ranch Specific Plan area will be maintained as permanent preserved open space with corresponding limitations on the project’s ability to construct housing surrounding the open space, the city agreed to permit the Glen Loma Ranch Specific Plan to design homes backing onto open space areas. These homes are required to construct open fencing to allow property owners to monitor the open space areas. No homes within this subdivision directly abut the Santa Teresa trail or Autumn Camp trail. Buffers/Fuel Transition Zones: The Glen Loma Ranch Specific Plan (policy POSS-5) requires buffers around preserved open space areas. These buffers, which act as fuel transition zones (FTZ), are areas of mowed, native vegetation and are specified in the Specific Plan. The buffers/FTZs shown on the proposed tentative map comply with Specific Plan requirements. Open Space Maintenance: All open space within the three proposed neighborhoods, the Santa Teresa trail, and the Autumn Camp trail will be maintained by the homeowners’ association. Stormwater Treatment Basins: The tentative map shows three detention basins: one on parcel B3, one on parcel B9, and one on parcel B21. The basins are designed to provide stormwater detention and stormwater treatment for the proposed development as well as the future Rocky Knoll, Canyon Creek, and Malvasia multi-family neighborhoods. The treatment basins will be constructed as part of project improvements. Off-Site Improvements: The following off-site improvements would be developed as part of this tentative map approval: West Luchessa Avenue from Santa Teresa Boulevard to parcel B 18; Merlot Drive from its intersection with West Luchessa Avenue to its intersection with Riini Place (Private Street A); Santa Teresa Trail and associated landscaping (along the Malvasia neighborhood frontage); and Autumn Camp trail and associated landscaping. Gilroy Unified School District (GUSD) Project plans were routed to the GUSD for review and comments. Glen Loma Ranch is 8.C Packet Pg. 77 served by Las Animas Elementary School, Ascension Solorsano Middle School, and Gilroy High School. GUSD staff expects approximately 59 students from this project, and has determined that the existing schools have adequate capacity. If warranted in the future, GUSD might construct an additional elementary school within the Specific Plan area. Students will access Las Animas Elementary School via West Luchessa Avenue, upon completion of the future street connections. Pedestrians and bicyclists may use the Autumn Camp trail from the subdivision to Miller Avenue, and then to West Luchessa. Students will travel to Ascension Solorsano Middle School via West Luchessa Avenue/Merlot Drive to Syrah Drive. Students will travel to Gilroy High School via West Luchessa to West Tenth Street, upon completion of the future street connections. In the interim, students will have access to all schools via vehicular or pedestrian routes. Findings As discussed above, the following findings were analyzed and considered by the Planning Commission: i) The proposed Tentative Map is generally consistent with the intent of the goals and policies of the Glen Loma Ranch Specific Plan. ii) The proposed Tentative Map is consistent with the intent of the goals and policies of the City's General Plan. iii) The proposed development is consistent with the Zoning Ordinance and the City's Subdivision and Land Development Code, and the St ate Subdivision Map Act. iv) Public utilities and infrastructure improvements needed in order to serve the proposed project are in close proximity. v) There will be no significant environmental impacts as a result of this project due to the required mitigation measures to be applied. In accordance with California Government Code section 66474, at least one of the following findings must be made to support denial of a tentative map request: (A) That the proposed map is not consistent with applicable general and specific plans as specified in Section 65451. (B) That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans. (C) That the site is not physically suitable for the type of development. (D) That the site is not physically suitable for the proposed density of development. (E) That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 8.C Packet Pg. 78 (F) That the design of the subdivision or type of improvements are likely to cause serious public health problems. (G) That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the governing body may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision. Staff and the Planning Commission were able to make the findings to recommend approval of the proposed tentative map. As such, staff and the Planning Commission support a recommendation of approval with the recommended conditions included in the recommended resolution (see attachment). ALTERNATIVES 1. As the proposed tentative map conforms to City goals and policies, including the Glen Loma Ranch Specific Plan, the City Council could adopt a resolution approving tentative map application TM 18-02. STAFF RECOMMENDS THIS OPTION. 2. The City Council could deny this tentative map request if the Council makes at least one of the findings contained in Governm ent Code section 66474, listed in the “Findings” section of this staff report. A denial would leave this property without subdivision approval. STAFF DOES NOT RECOMMEND THIS OPTION. FISCAL IMPACT/FUNDING SOURCE The applicant paid all costs associated with processing this tentative map request. The future costs of processing final maps, improvement plans, and architectural and site review applications will be paid by the applicant. NEXT STEPS If approved, the developer will submit final map and improvement plans to the city for processing to complete this subdivision request. 8.C Packet Pg. 79 In accordance with Section 21.41(I) of the Gilroy City Code, initial approval of a tentative map is valid for twenty-four (24) months. Such approval may only be extended at the Council’s discretion. PUBLIC OUTREACH Property owner information (i.e. list, labels, and map) within 500 feet of the subject site were generated by Chicago Title Company using current ownership data. On July 26, 2019, notices of this City Council meeting were mailed to the property owners along with other interested parties. In addition, the property has been posted with on -site signage notifying passers-by of pending development, and the City Council public hearing packets are available through the City's webpage. Attachments: 1. Resolution TM 18-02 2. Vicinity Map 3. Planning Commission Staff Report 4. Street Names 5. Reduced Project Plans 8.C Packet Pg. 80 RESOLUTION 2019-XX 4820-0682-1532v1 JH\04706089 RESOLUTION NO. 2019-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING TENTATIVE MAP TM 18-02, A SUBDIVISION OF A 125.32+/- ACRE SITE INTO 102 VILLAGE LOTS IN THE NEBBIOLO NEIGHBORHOOD; 46 COMPACT LOTS IN THE MALVASIA NEIGHBORHOOD; AND 23 COMPACT LOTS IN THE GLEN NEIGHBORHOOD, FOR A TOTAL OF 171 RESIDENTIAL LOTS; TWO PUBLIC OPEN SPACE PARCELS FOR THE CONSTRUCTION OF THE SANTA TERESA TRAIL; 22 PRIVATE OPEN SPACE PARCELS THAT WILL BE MAINTAINED BY THE HOMEOWNERS’ ASSOCIATION; THREE LOTS FOR FUTURE DEVELOPMENT; AND ASSOCIATED PUBLIC AND PRIVATE STREETS ON PROPERTY LOCATED NORTH OF SANTA TERESA BOULEVARD, BETWEEN MERLOT DRIVE AND MILLER AVENUE (APN # 808-18-003, 808-18-024, 808-18-025, AND 808- 18-026), FILED BY GLEN LOMA GROUP, 7888 WREN AVENUE, SUITE D-143, GILROY, CA 95020. WHEREAS, the Glen Loma Group submitted an application requesting a tentative map (TM 18-02) to subdivide an approximate 125.32+/- acre site into 102 Village Lots in the Nebbiolo neighborhood; 46 Compact Lots in the Malvasia neighborhood; and 23 Compact Lots in the The Glen neighborhood, for a total of 171 residential lots; and two public open space parcels for the construction of the Santa Teresa trail; 22 private open space parcels that will be maintained by the homeowners’ association; three lots for future development; and associated public and private streets on property; and WHEREAS, the subject property is located within the Glen Loma Ranch Specific Plan area, north of Santa Teresa Boulevard, between Merlot Drive and Miller Avenue, commonly known as the Nebbiolo, Malvasia and The Glen neighborhoods; and WHEREAS, the Planning Commission of the City of Gilroy has considered TM 18-02 in accordance with the Gilroy Zoning Ordinance, and other applicable standards and regulations; and WHEREAS, TM 18-02 was referred to various public utility companies and City departments, including the Technical Advisory Committee for recommendations; and WHEREAS, on November 7, 2005, the City of Gilroy adopted the Glen Loma Ranch Specific Plan; and WHEREAS, on November 21, 2005, the City of Gilroy adopted the Glen Loma Ranch Development Agreement; and WHEREAS, an environmental impact report (EIR) was prepared and certified for this site on November 7, 2005 as part of the review of application GPA 00-01; and 8.C.a Packet Pg. 81 Attachment: Resolution TM 18-02 (2316 : Nebbiolo, Malvasia and The Glen Tentative Map (TM 18-02)) RESOLUTION 2019-XX 4820-0682-1532v1 JH\04706089 WHEREAS, the California Environmental Quality Act (CEQA) Guidelines section 15182, Residential Projects Pursuant to a Specific Plan, exempts residential projects pursuant to a specific plan from further environmental review under CEQA, as long as the project meets the requirements of that section, and City Staff has determined that the proposed residential subdivision meets the requirements of section 15182 such that no further environmental analysis is required by CEQA; and WHEREAS, a mitigation monitoring and reporting plan has been prepared, consistent with the certified EIR; and WHEREAS, the Planning Commission held a duly noticed public hearing on June 20, 2019, at which time the Planning Commission considered the public testimony, the staff report dated June 20, 2019 (“Planning Commission Staff Report”), and all other documentation related to TM 18-02, and recommended that the City Council approve TM 18-02 with 136 conditions; and WHEREAS, the City Council held a duly noticed public hearing on August 5, 2019, at which time the City Council considered the public testimony, the staff report dated August 5, 2019 (“City Council Staff Report”), and all other documentation related to TM 18-02; and WHEREAS, the City Council finds that TM 18-02 conforms to the City's General Plan and elements thereof, including the “Glen Loma Ranch Specific Plan” and the “Neighborhood District Policy”; and NOW, THEREFORE, BE IT RESOLVED THAT: SECTION I The City Council hereby finds as follows: 1. TM 18-02 is generally consistent with the intent of the goals and policies of the “Glen Loma Ranch Specific Plan.” 2. TM 18-02 is generally consistent with the intent of the goals and policies of the City’s “Neighborhood District Policy.” 3. TM 18-02 is generally consistent with the intent of the goals and policies of the City’s General Plan. 4. TM 18-02 is consistent with the Zoning Ordinance and the City’s Subdivision and Land Development Code, and the State Subdivision Map Act. 5. TM 18-02 is physically suitable for the type of development. 6. The design of TM 18-02 is not likely to cause substantially environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 7. The design of TM 18-02 is not likely to cause serious public health problems. 8.C.a Packet Pg. 82 Attachment: Resolution TM 18-02 (2316 : Nebbiolo, Malvasia and The Glen Tentative Map (TM 18-02)) RESOLUTION 2019-XX 4820-0682-1532v1 JH\04706089 8. The design of TM 18-02 will not conflict with easements, acquired by the public at large, for access through or the use of, property within the TM 18- 02. 9. Public utilities and infrastructure improvements needed in order to serve TM 18-02 are in close proximity. SECTION II The City Council of the City of Gilroy hereby approves TM 18-02, subject to the 136 conditions of approval set forth in Exhibit “A” attached hereto. PASSED AND ADOPTED this 5th day of August 2019, by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: APPROVED: Roland Velasco, Mayor ATTEST: Shawna Freels, City Clerk 8.C.a Packet Pg. 83 Attachment: Resolution TM 18-02 (2316 : Nebbiolo, Malvasia and The Glen Tentative Map (TM 18-02)) RESOLUTION 2019-XX 4820-0682-1532v1 JH\04706089 EXHIBIT A CONDITIONS OF APPROVAL TM 18-02 Note: The following abbreviations identify the City department or division responsible for determining compliance with these conditions. The first group listed has responsibility for compliance at plan check, the second confirms compliance with the condition at final inspection, prior to final occupancy or issuance of a certificate of occupancy, or as specified in the condition. If only one group is identified, they have responsibilities from initial review through compliance verification. An internal condition reference number is located at the end of each condition (e.g. G-1 or MND-S2). RESPONSIBLE DEPARTMENTS/DIVISIONS BL Building Division/Inspectors PK Parks/Landscape Design CA City Attorney PL Planning Division CC Chemical Control Agency PW Public Works/Engineering FP Fire Prevention TR Traffic Division PD Police Department WW Wastewater/Source Control GENERAL PROJECT CONDITIONS 1. Approval of tentative map application TM 18-02 (hereinafter “this permit”) is granted for approved plans stamped as “Approved on August 5, 2019” (“the plans”) on file with the Planning Division subdividing an approximate 125.32+/- acre site into 102 Village Lots in the Nebbiolo neighborhood; 46 Compact Lots in the Malvasia neighborhood; and 23 Compact Lots in the The Glen neighborhood, for a total of 171 residential lots; and two public open space parcels for the construction of the Santa Teresa trail; 22 private open space parcels that will be maintained by the homeowners’ association; three lots for future development; and associated public and private streets on property. Build-out of the project shall conform to the plans, except as otherwise specified in these conditions. Any future adjustment or modification to the plans shall be considered by the Community Development Director or designee, may require separate discretionary approval, and shall conform to all City, State, and Federal requirements, including subsequent City Code requirements or policies adopted by City Council. (PL, G-1) 2. Developer means permit applicant, property owner, operator, permittee, lessee, and/or tenants using the space(s) for the intended use(s). Developer shall comply with project conditions for the life of the project. (CA, G-2) 3. Developer agrees, as a condition of permit approval, at Developer’s own expense, to defend, indemnify, and hold harmless the City of Gilroy (“the City”) and its officers, contractors, consultants, attorneys, employees and agents from any and all claim(s), action(s) or proceeding(s) brought against the City or its officers, contractors, consultants, attorneys, employees, or agents to challenge, attack, set aside, void or annul the approval of this resolution or any condition attached thereto or any proceedings, acts or determinations taken, including actions taken under the California Environmental Quality Act of 1970, as amended, done or made prior to the approval of such resolution that were part of the approval process. (CA, G-3) 8.C.a Packet Pg. 84 Attachment: Resolution TM 18-02 (2316 : Nebbiolo, Malvasia and The Glen Tentative Map (TM 18-02)) RESOLUTION 2019-XX 4820-0682-1532v1 JH\04706089 4. Failure to appeal this decision in a timely manner, or commencement of any activity related to the project, is understood to clarify Developer’s acceptance of all conditions and obligations imposed by this permit and waiving any challenge to the validity of the conditions and obligations stated therein. (CA, G-4) 5. The expiration date of this approval is August 5, 2021. 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-5) 6. If Developer, owner or tenant fails to comply with any of the conditions of this permit, the Developer, owner or tenant shall be subject to permit revocation or enforcement actions pursuant to the City Code. All costs associated with any such actions shall be the responsibility of Developer, owner or tenant. (CA, G-7) 7. 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 to the Community Development Director or designee. (PL, G-9) 8. 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 that could be required during drought emergencies pursuant to the Gilroy City Code Chapter 27.98. (PL/PW, 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. (PL/CA, G-11) 10. An approved tentative map or vesting tentative map shall expire twenty-four (24) months from the approval date if the final map is not approved prior to expiration. (PL, G-12) PLANNING DIVISION STANDARD CONDITIONS 11. Developer shall obtain necessary permits prior to initiating any new construction or modifications authorized under this approval, including but not limited to temporary construction trailers, temporary staging areas, model home sales offices, advertising signs of any kind, exterior and interior modifications. Developer shall pay all requisite fees in effect at the time of plan submittal and/or issuance, as applicable. (PL/BL, PL-1) 8.C.a Packet Pg. 85 Attachment: Resolution TM 18-02 (2316 : Nebbiolo, Malvasia and The Glen Tentative Map (TM 18-02)) RESOLUTION 2019-XX 4820-0682-1532v1 JH\04706089 12. 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) 13. Concurrent with or prior to an application for a grading permit, Developer shall apply for a Santa Clara Valley Habitat Plan permit from the City of Gilroy. The grading permit will be issued only after payment of assessed fees and approval of the Habitat Plan permit. (PL, PL-9) 14. Prior to issuance of a grading permit, Developer shall present to the Community Development Director or designee, a receipt issued by Santa Clara County for full payment of the Santa Clara Valley Habitat Plan fees for associated with the proposed development. Such receipt shall be dated within six (6) months of the grading permit issuance date, or the fee amount may be reassessed and difference collected at the time of grading permit issuance. (PL, PL-10) 15. To minimize potential construction-related impacts to noise, Developer shall include the following language on any grading, site work, and construction plans issued for the subject site (PL/BL, PL-11) “During earth-moving, grading, and construction activities, Developer shall implement the following measures at the construction site: a. Limit construction activity to weekdays between 7:00 a.m. and 7:00 p.m., and on Saturdays between 9:00 a.m. and 7:00 p.m. Construction noise is prohibited on Sundays and City-observed holidays; b. Locate stationary noise-generating equipment as far as possible from sensitive receptors when sensitive receptors adjoin or are near a construction project area; c. Construct sound walls or other noise reduction measures prior to developing the project site; d. Equip all internal combustion engine driven equipment with intake and exhaust mufflers that are in good condition and appropriate for the equipment; e. Prohibit all unnecessary idling of internal combustion engines; f. Utilize “quiet” models of air compressors and other stationary noise sources where technology exists; and g. Designate a “disturbance coordinator’ who would be responsible for responding to any complaints about construction noise. The disturbance coordinator will determine the cause of the noise complaint (e.g. bad muffler, etc.) and will require that reasonable measures be implemented to correct the problem.” 16. In the event of an accidental discovery of archaeological resources during grading or construction activities, Developer shall include the following language on any grading, site work, and construction plans issued for the project site (BL/PL, PL-13): “If archaeological or cultural resources are discovered during earth-moving, grading, or construction activities, all work shall be halted within at least 50 meters (165 feet) of the 8.C.a Packet Pg. 86 Attachment: Resolution TM 18-02 (2316 : Nebbiolo, Malvasia and The Glen Tentative Map (TM 18-02)) RESOLUTION 2019-XX 4820-0682-1532v1 JH\04706089 find and the area shall be staked off immediately. The monitoring professional archaeologist, if one is onsite, shall be notified and evaluate the find. If a monitoring professional archaeologist is not onsite, the City shall be notified immediately and a qualified professional archaeologist shall be retained (at Developer’s expense) to evaluate the find and report to the City. If the find is determined to be significant, appropriate mitigation measures shall be formulated by the professional archaeologist and implemented by the responsible party.” 17. In the event of an accidental discovery or recognition of any human remains, Developer shall include the following language in all grading, site work, and construction plans (BL/PL, PL-14): “If human remains are found during earth-moving, grading, or construction activities, there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the coroner of Santa Clara County is contacted to determine that no investigation of the cause of death is required. If the coroner determines the remains to be Native American the coroner shall contact the Native American Heritage Commission within 24 hours. The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descendent (MLD) from the deceased Native American. The MLD may then make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and associated grave goods as provided in Public Resources Code Section 5097.98. The landowner or his authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further disturbance if: a) the Native American Heritage Commission is unable to identify a MLD or the MLD failed to make a recommendation within 24 hours after being notified by the commission; b) the descendent identified fails to make a recommendation; or c) the landowner or his authorized representative rejects the recommendation of the descendent, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner.” PLANNING DIVISION ENVIRONMENTAL CONDITIONS The following MITIGATION MEASURES, which are contained within the EIR and EIR addendum, prepared pursuant to the California Environmental Quality Act, and as modified based upon changes in applicable regulations, are included as conditions of approval. 18. Project proponents shall specify in project plans the implementation of the following dust control measures during grading and construction activities for any proposed development. The measures shall be implemented as necessary to adequately control dust, subject to the review and approval by the City of Gilroy Engineering Division (corresponds to EIR Mitigation Measure 3): The following measures shall be implemented at all construction sites: 8.C.a Packet Pg. 87 Attachment: Resolution TM 18-02 (2316 : Nebbiolo, Malvasia and The Glen Tentative Map (TM 18-02)) RESOLUTION 2019-XX 4820-0682-1532v1 JH\04706089 • Water all active construction areas at least twice daily; • Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard; • Pave, apply water three times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas and staging areas at construction sites; • Sweep daily (with water sweepers) all paved access roads, parking areas and staging areas at construction sites; and • Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets. The following measures shall be implemented at all construction sites greater than four acres in area: • Hydroseed or apply (non-toxic) soil stabilizers to inactive construction areas (previously graded areas inactive for ten days or more); • Enclose, cover, water twice daily or apply (non-toxic) soil binders to exposed stockpiles (dirt, sand, etc.); • Limit traffic speeds on unpaved roads to 15 mph; • Install sandbags or other erosion control measures to prevent silt runoff to public roadways; and • Replant vegetation in disturbed areas as quickly as possible. The following measures are strongly encouraged at construction sites that are large in area, located near sensitive receptors or which for any other reason may warrant additional emission reductions: • Install wheel washers for all existing trucks, or wash off the tires or tracks of all trucks and equipment leaving the site; • Install wind breaks, or plant trees/vegetative wind breaks at windward side(s) of construction areas; • Suspend excavation and grading activity when winds (instantaneous gusts) exceed 25 miles per hour; and • Limit the area subject to excavation, grading and other construction activity at any one time. 19. Subject to the review of the City of Gilroy Planning Division, no more than 30 days p rior to commencement of grading or construction activities for development proposed in or adjacent to potential nesting habitat (i.e., riparian woodland and oak woodland), a tree survey shall be conducted by a qualified biologist to determine if active nes t(s) of protected birds are present in the trees. Areas within 200 feet of the construction zone that are not within the control of the applicant shall be visually assessed from the project site. This survey shall be required only if any construction would occur during the nesting and/or breeding season of protected bird species potentially nesting in the tree (generally March 1 through August 1). If active nest(s) are found, clearing and construction within 200 feet of the tree, or as recommended by the qualified biologist, shall be halted until the nest(s) are vacated and juveniles have fledged and there is no evidence of a second attempt at nesting, as determined by the qualified biologist. If 8.C.a Packet Pg. 88 Attachment: Resolution TM 18-02 (2316 : Nebbiolo, Malvasia and The Glen Tentative Map (TM 18-02)) RESOLUTION 2019-XX 4820-0682-1532v1 JH\04706089 construction activities are not scheduled between March 1 and August 1, no further shrike or tree surveys shall be required (corresponds to EIR Mitigation Measure 5). 20. Subject to the review of the City of Gilroy Planning Division, no more than 30 days prior to commencement of grading or construction activities for development proposed in or adjacent to potential roost habitat (i.e., riparian woodland and oak woodland), pre- construction surveys for bat roosts shall be performed by a qualified biologist. If bat roost sites are found, the biologist shall implement a program to remove/displace the bats prior to the removal of known roost sites. In addition, an alternate roost site shall be constructed in the vicinity of the known roost site. Specifications of the alternate roost shall be determined by a bat specialist (corresponds to EIR Mitigation Measure 6). 21. Prior to approval of each tentative map or use permit, project plans for future development on the project site shall be designed to avoid unnecessary filling or other disturbance of natural drainage courses and associated oak/riparian woodland vegetation to the greatest extent feasible, subject to review and approval of the City of Gilroy Planning Division. In the event that disturbance of site drainages and associated oak/riparian woodland vegetation cannot be avoided (i.e., Reservoir Canyon Creek Bridge construction, culverts, storm drain outfalls, etc.), authorization from the California Department of Fish and Game through Section 1600 et. seq. of the Fish and Game Code and/or the U.S. Army Corps of Engineers through Section 404 of the Clean Water Act and the Regional Water Quality Control Board through Section 401 of the Clean Water Act shall be obtained, if required, prior to issuance of building or grading permits for any activity that might encroach on the site’s drainages. Conditions imposed on these permits and/or authorizations may include but not be limited to the following (corresponds to EIR Mitigation Measure 8): • Construction work shall be initiated and completed during the summer and fall months when the drainages are dry, or at least have a very low flow. Typically, no construction work shall be allowed between October 15th and April 15th. • A Habitat Restoration Plan shall be prepared to identify the exact amount and location of affected and replacement habitat, to specify on-site revegetation with locally-obtained native species within the buffer areas to mitigate habitat loss, and to provide specifications for installation and maintenance of the replacement habitat. Any loss of riparian or wetland vegetation resulting from construction activities shall be mitigated on-site at a minimum 3:1 replacement ratio. 22. Any loss of oak and/or riparian woodland habitat resulting from development shall require the project proponent to retain a qualified biologist to prepare a Habitat Restoration Plan to identify the exact amount and location of affected and replacement habitat, specify an appropriate plant palette, and provide specifications for installation and maintenance of the replacement habitat. Replacement vegetation shall consist of locally-obtained native plant species. Any loss of riparian woodland vegetation shall be mitigated on-site at a minimum of 3:1 replacement ratio, unless otherwise determined by the Department of Fish and Game and the City of Gilroy. Any loss of oak woodland vegetation shall require preservation of on-site oak woodland at a ratio of 3:1 and replanting on-site at a ratio of 1:1, unless otherwise determined by the Department of 8.C.a Packet Pg. 89 Attachment: Resolution TM 18-02 (2316 : Nebbiolo, Malvasia and The Glen Tentative Map (TM 18-02)) RESOLUTION 2019-XX 4820-0682-1532v1 JH\04706089 Fish and Game and the City of Gilroy. The Habitat Restoration Plan shall be prepared prior to issuance of building or grading permits for any activity requiring removal of oak and/or riparian woodland habitat, subject to review and approval of the City of Gilroy Planning Division and California Department of Fish and Game (corresponds to EIR Mitigation Measure 9). 23. Prior to issuance of grading and/or building permits, subject to the review of the Gilroy Planning Division, the project applicant shall install siltation fencing, hay bales, or other suitable erosion control measures along portions of natural and manmade drainage channels in which construction will occur and within 20 feet of construction and/or staging areas in order to prevent sediment from filling the creek (corresponds to EIR Mitigation Measure 13). 24. Prior to issuance of building permits, the project proponent of any future development on the project site shall submit a Landscape Plan, for review and approval by the City of Gilroy Planning Division. Landscaping plans for areas adjacent to riparian habitat shall include appropriate guidelines to prevent contamination of drainages and their associated riparian habitat by pesticides, herbicides, fungicides, and fertilizers. Landscaping shall include appropriate native plants species and should not include plantings of non-native, invasive plant species (corresponds to EIR Mitigation Measure 14). 25. Prior to approval of a tentative map for each phase of the proposed project requiring removal or alteration to potential wetlands and/or waters of the U.S., a wetland delineation shall be prepared according to U.S. Army Corps of Engineers guidelines. The actual acreage of impacts to waters of the U.S. and wetlands shall be determined based on project plans for each development project and the wetland delineation for each development phase. The project proponent shall obtain all necessary permits and/or approvals from the U.S. Army Corps of Engineers and shall retain a restoration specialist to prepare a detailed wetland mitigation plan, if necessary, subject to review and approval by the U.S. Army Corps of Engineers and the City of Gilroy Planning Division. The plan shall include, but not be limited to, creation of wetlands on site to mitigate for unavoidable impacts to waters of the U.S. and wetlands resulting from development activities (corresponds to EIR Mitigation Measure 15). 26. A schematic lighting plan shall be submitted with each development proposal for review and approval by the Planning Division. Exterior lighting for any development proposed adjacent to open space areas shall be of low stature (i.e., 20 feet) and shall be of a full cutoff design or include opaque shields to reduce illumination of the surrounding landscape. Lighting shall be directed away from open space areas (corresponds to EIR Mitigation Measure 16). 27. Prior to approval of a tentative map for each phase of the proposed project containing or adjacent to preserved natural open space areas, a signage plan shall be prepared to outline the language, number and location of signs to dissuade people from straying off trail s and to prohibit unleashed dogs in the open space areas, subject to approval by the City of Gilroy Planning Division (corresponds to EIR Mitigation Measure 17). 8.C.a Packet Pg. 90 Attachment: Resolution TM 18-02 (2316 : Nebbiolo, Malvasia and The Glen Tentative Map (TM 18-02)) RESOLUTION 2019-XX 4820-0682-1532v1 JH\04706089 28. Prior to commencement of construction activities, the protected zone of any trees or groups of trees to be retained shall be fenced to prevent injury to the trees during construction. Soil compaction, parking of vehicles or heavy equipment, stockpiling of construction materials, and/or dumping of materials shall not be allowed within the protected zone. The fencing shall remain in place until all construction activities are complete (corresponds to EIR Mitigation Measure 19). 29. Project proponents shall submit a soils investigation prepared by a qualified soils engineer for future development on the project site. The recommendation of the soils investigation shall be incorporated into final building plans, subject to the review and approval by the Gilroy Engineering Division prior to approval of any building permits (corresponds to EIR Mitigation Measure 20). 30. The project applicant shall design all structures in accordance with the Uniform Building Code for seismic design. In addition, all recommendations in the geotechnical reports prepared for the project shall be implemented. Structural design is subject to the review and approval by the Gilroy BLES Division prior to the issuance of building permits (corresponds to EIR Mitigation Measure 21). 31. Each tentative map shall include a detention pond or ponds to collect storm water in the case of 2-, 10-, 25-, and 100-year peak storm events. Detention ponds shall be designed according to the recommendations presented in the Hydrologic Analysis (Schaaf & Wheeler 2005) and should include, but not be limited to the following (corresponds to EIR Mitigation Measure 23): a. The pond(s) should be located to collect the storm water runoff from the project site and discharge to the existing drainage corridors and/or the existing outfalls tributary to Uvas Creek. b. Any discharge from the pond(s) should release a maximum of storm water runoff for pre-project conditions (see tables 18 and 19 in the Draft EIR). c. The pond(s) should be sized a total of approximately 8.9 acre-feet to provide for appropriate storm water quantities and filter pollutants for the purpose of water quality. d. The pond(s) shall not replace any proposed preserved open space at the project site, that was assumed to provide flood control and water quality benefits modeled in the Hydrological Analysis (Schaaf & Wheeler 2003). 32. The project applicant for any proposed development on the project site, shall, for each phase of the development, submit a Notice of Intent (NOI) and detailed engineering designs to the Central Coast RWQCB. The associated permit shall require development and implementation of a SWPPP that uses storm water “Best Management Practices” to control runoff, erosion and sedimentation from the site. The SWPPP must include Best Management Practices that address source reduction and, if necessary, shall include practices that require treatment. The SWPPP shall be submitted to the City of Gilroy Engineering Division for review and approval prior to approval of a building permit for each phase of the project (corresponds to EIR Mitigation Measure 24). 8.C.a Packet Pg. 91 Attachment: Resolution TM 18-02 (2316 : Nebbiolo, Malvasia and The Glen Tentative Map (TM 18-02)) RESOLUTION 2019-XX 4820-0682-1532v1 JH\04706089 33. The project applicant shall submit plans for review by, and obtain an approved permit from the Santa Clara Valley Water District for any work that requires a permit from the water district (corresponds to EIR Mitigation Measure 25). 34. Future applicants in the Glen Loma Ranch specific plan area shall prepare a post- construction storm water management plan, subject to the review and approval of the Gilroy Engineering Division prior to the approval of final improvement plans, that shall include structural and non-structural best management practices (BMPs) for the reduction of pollutants in storm water to the maximum extent practicable (corresponds to EIR Mitigation Measure 26). 35. Prior to issuance of a grading permit for all areas within the Specific Plan area, the following measures shall be incorporated into the project plans to mitigate construction noise, subject to the review and approval of the City of Gilroy Engineering Division (corresponds to EIR Mitigation Measure 28): a. Construction shall be limited to weekdays between 7 AM and 7 PM and Saturdays and holidays between 9 AM and 7 PM, with no construction on Sundays; b. All internal combustion engine-driven equipment shall be equipped with mufflers that are in good condition and appropriate for the equipment; and c. Stationary noise-generating equipment shall be located as far as possible from sensitive receptors when sensitive receptors adjoin or are near a construction project area. 36. Prior to the first building occupancy in the third phase of the Glen Loma Ranch Specific Plan development, signalize the Santa Teresa Boulevard/Fitzgerald Avenue intersection and add eastbound and westbound left turn lanes (corresponds to EIR Mitigation Measure 34). The project proponent shall be responsible for paying for the design and implementation of this mitigation measure, prior to the issuance of the first building permit in Phase II. Partial mitigation (installation of a signal) for this intersection has been completed. The remaining improvements shall be deferred until the first occupancy permit in Phase 3. ENGINEERING DIVISION CONDITIONS 37. GENERAL – Proposed Development shall comply with all terms and conditions specified in the Development Agreement between City of Gilroy and Glen Loma Ranch, Doc 19158828. 38. GENERAL - All improvements shall be designed and constructed in accordance with the City of Gilroy Municipal Code and Standard Specifications and Details, and is subject to all laws of the City of Gilroy by reference. Street improvements and the design of all off -site storm drainage facilities, sewer and water lines, and all street sections shall be in accordance with City Standards and shall follow the most current City Master Plan for streets, as approved by the City of Gilroy’s Public Works Director/City Engineer. 8.C.a Packet Pg. 92 Attachment: Resolution TM 18-02 (2316 : Nebbiolo, Malvasia and The Glen Tentative Map (TM 18-02)) RESOLUTION 2019-XX 4820-0682-1532v1 JH\04706089 39. GENERAL - Until such time as the Improvements are accepted by City, Developer shall be responsible for and bear the risk of loss to any of the Improvements constructed or installed. 40. GENERAL - The applicant shall obtain all applicable permits from federal, state, and local agencies as required to construct the proposed improvements. A copy of these permits will be provided prior to building permits. 41. GENERAL – A complete plan set for submittal shall include civil plans, landscape plans, joint trench plans, lighting plans, and photometric plans. 42. GENERAL - Improvement plans (as second sheet in plan set) shall contain Approved Conditions of Approval. 43. GENERAL - Improvement plans shall include General Notes found in the City of Gilroy General Guidelines. 44. GENERAL – Improvement plan set cover sheet shall include an Ownership & Responsibility table indicating proposed infrastructure ownership and future maintenance responsibilities. 45. GENERAL – Improvement plans are required for both on-site and off- site improvements; and improvement plan set cover shall include an index sheet referencing on -site and off-site improvements. 46. GENERAL - Existing overhead utilities shall be undergrounded and related utility poles removed along the property frontage. 47. GENERAL - All existing public utilities shall be protected in place and if necessary relocated as approved by the City Engineer. No permanent structure is permitted within City easements without the approval of the City of Gilroy. 48. GENERAL - Prior to any work within public right of way or City easement, the developer shall obtain an encroachment permit from the City. 49. GENERAL – Prior to building permit issuance, developer shall dedicate necessary easements for the project development, including but not limited to 16-foot Public Service easement along all the project frontages within existing and future public streets. The private streets shall be designated as a Public Utility Easement (PUE), Water Line Easement (WLE), and Emergency Vehicle Access Easement (EVAE). 50. GENERAL - The developer shall submit an AutoCAD drawing file of all consultants composite basemap linework showing all public improvements and utility layouts. 51. GENERAL - The approved construction schedule shall be shared with Gilroy Unified School District (GUSD) to avoid traffic impacts to surrounding school functions. An approved construction information handout(s) shall also be provided to GUSD to share with school parents. 52. GENERAL – Applicant shall obtain will serve and review letter from Recology confirming serviceability and site accessability of solid waste pickup. Contact Steven Lucchetti, Operations Manager 408-842-3358. 8.C.a Packet Pg. 93 Attachment: Resolution TM 18-02 (2316 : Nebbiolo, Malvasia and The Glen Tentative Map (TM 18-02)) RESOLUTION 2019-XX 4820-0682-1532v1 JH\04706089 53. GENERAL - At first improvement plan submittal, project shall show existing topo and features at least 50’ beyond the project boundary. Clearly show existing topo, label contour elevations, drainage patterns, flow lines, slopes, label boundary record information (i.e. bearings/distances), existing easements and all other property encumbrances. 54. GENERAL - Prior to final map approval, developer shall submit for City approval water, sewer and storm drain studies for the development. These studies shall confirm the development's consistency with the City's present Master Plans. These studies shall provide supporting hydraulic calculation for pipe sizing per City standard design guideline. 55. During construction if deemed necessary by the City Engineer, developer will pothole to confirm the location of existing utility lines along the project frontage where proposed improvements may conflict with existing utilities. 56. GENERAL - Prior to building permit issuance, the applicant’s Geotechnical Engineer shall review the final grading, pavement design and drainage plans to ensure that said designs are in accordance with their recommendations and the peer review comments. The applicant’s Geotechnical engineer’s approval shall then be conveyed to the City either by letter or by signing the plans. 57. FEE - The project is subject to the City’s Street Tree, Storm, Sewer, Water, Traffic, and Public Facilities Development Impact Fees. Latest City impact fee schedule is available on the City website. Payment of Impact Fees is required at the time of each building permit issuance. Fees shall be based on the current comprehensive fee schedule in effect at the time of fee pay ment, consistent with and in accordance with City policy. 58. FEE – The Impact Fee calculation is based on project density calculation at the time of Final Map approval. Submitted Tentative Map shows Nebbiolo and The Glen Neighborhoods is Low Density, and Malvasia Neighborhood is considered a High Density development. 59. FEE - At first improvement plan submittal, Developer shall submit a $25,000 (Twenty Five Thousand) initial deposit for plan check and processing. This deposit will be credited/accounted for toward final plan check and inspection fee. 60. FEE - Prior to plan approval, developer shall submit a detailed project cost estimate by the project engineer, subject to City Engineer approval. Cost estimate shall be broken out into on-site and off-site improvements. 61. FEE - Prior to final improvement plan approval, Developer shall pay 100% of the plan check and processing fees and other related fees that the property is subject to, enter into a property improvement agreement, and provide payment and performance bonds. 62. GRADING & DRAINAGE - Prior to final map approval, the developer shall submit a grading plan and a drainage study prepared by a registered Civil Engineer. The drainage study shall analyze the existing and ultimate conditions and facilities, and the study shall include all off-site tributary areas. The study and the design shall be in compliance with the City’s Stormwater Management Guidance Manual (latest edition). Existing offsite drainage patterns, i.e., tributary areas, drainage amount and velocity shall not be adversely altered by the development. The developer shall satisfy the conclusions and recommendations of the approved drainage study and storm water management plan. 8.C.a Packet Pg. 94 Attachment: Resolution TM 18-02 (2316 : Nebbiolo, Malvasia and The Glen Tentative Map (TM 18-02)) RESOLUTION 2019-XX 4820-0682-1532v1 JH\04706089 63. GRADING & DRAINAGE - All grading activity shall address National Pollutant Discharge Elimination System (NPDES) requirements. As part of the Improvement Plan set the developer shall submit an Erosion Control Plan to the Public Works Director for review and approval. This plan shall incorporate erosion control devices and other techniques in accordance with Municipal Code § 27C to minimize erosion. The developer shall have a QSP on site as necessary to ensure implementation and maintenance of all erosion control measures. 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 the commencement or work. 64. GRADING & DRAINAGE - 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. 65. GRADING & DRAINAGE - Prior to building permit issuance, the applicant’s soils engineer shall review the final grading, pavement design 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 ap proval shall then be conveyed to the City either by letter or by signing the plans. 66. TRANSPORTATION - Any work in the public right-of-way shall require a traffic control plan prepared by a licensed professional engineer with experience in preparing such pl ans. Traffic Control Plan shall be prepared in accordance with the requirements of the latest edition of the California Manual on Uniform Traffic Control Devices. The Traffic Control Plan shall be approved prior to the commencement of any work within the public right of way. 67. TRANSPORTATION - The Project shall comply with all the traffic related mitigation measures identified in the project’s Mitigation Monitoring Plan, and contained within the adopted CEQA document. 68. TRANSPORTATION - Developer shall submit final photometric plans prior to first building permit issuance. 69. TRANSPORTATION - 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. 70. TRANSPORTATION - Final streetlight locations shall be to the satisfaction of the City Transportation Engineer and shall follow City standards. 8.C.a Packet Pg. 95 Attachment: Resolution TM 18-02 (2316 : Nebbiolo, Malvasia and The Glen Tentative Map (TM 18-02)) RESOLUTION 2019-XX 4820-0682-1532v1 JH\04706089 71. TRANSPORTATION - Developer shall design driveway grades to keep a standard design vehicle from dragging or “bottoming out” on the street or driveway and to keep water collected in the street from flowing onto the lots. The details of such design shall be provided at improvement plan phase and shall be to the satisfaction of the City Transportation Engineer. 72. 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 swept analysis so ftware, all turning and street circulation movements. 73. TRANSPORTATION - At first plan submittal developer shall model all Emergency Vehicle circulation movements, as a separate plan sheet. The circulation plan shall be prepared to the City Engineer’s satisfaction, and modeled with AutoTurn swept analysis software, all turning and street circulation movements. 74. FINAL MAP - The Final Tract Map shall be presented to the City Council for review and action. The City Council meeting will be scheduled approximately fifty (50) days after the Final Map is deemed technically correct, and Subdivision Improvement Plans with supporting documents, reports and agreements are approved by the City. Executed Final Map shall be returned to the City Public Works Department if Final Map has not been filed in the County Recorder’s Office within ninety (90) days from the date of City Council’s approval. 75. FINAL MAP - The tentative map and all final maps shall designate all common lots as lettered lots. The Final map should be clear on the limits of Public vs. Private (HOA) designations. 76. 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. 77. PUBLIC IMPROVEMENTS – Prior to building permit issuance, developer shall execute a public improvement agreement and post Payment and Performance bonds each for 100% of cost for improvement with the City that shall secure the construction of the public improvements. Insurance shall be provided per the terms of the agreement. 78. PUBLIC IMPROVEMENTS - Prior to building permit issuance for a phase of development within this tentative map, the developer shall obtain improvement plan approval and bond for the portion of public improvements shown on this tentative map that are necessary to serve the phase being developed. 79. 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. Developer shall request a walk-through with the Engineering Construction Inspector before the start of construction to verify existing conditions. 80. PUBLIC IMPROVEMENTS – The developer shall slurry all new public streets prior to project acceptance. A slurry may not be necessary with approval of the City Engineer, if after a final inspection the condition of the street is free of any surface defects. 8.C.a Packet Pg. 96 Attachment: Resolution TM 18-02 (2316 : Nebbiolo, Malvasia and The Glen Tentative Map (TM 18-02)) RESOLUTION 2019-XX 4820-0682-1532v1 JH\04706089 81. PUBLIC IMPROVEMENTS – Prior to Final map approval, developer shall coordinate with Santa Clara Water District for construction of the 36” recycle water line and related facilities within the proposed W. Luchessa extension; and complete project cost estimate to be used in the reimbursement agreement with the City. The recycle water line will only be installed if a reimbursement agreement is in place prior to the start of construction. 82. PUBLIC IMPROVEMENTS – Prior to building permit issuance, the developer shall obtain design approval and bond for all necessary public improvements, including but not limited to the following: a. Construction of W. Luchessa Avenue extension, and related surface improvements from Merlot Drive/W. Luchessa Avenue RBT to W.Luchessa/Vintner Street RBT. b. Construction of new RBT at W. Luchessa and Vintner Street. c. Construction of Zone 2 water main and related facilities in the proposed W. Luchessa Avenue extension and proposed private streets within the subdivision. d. Construction of 36” recycle water line and related facilities within the proposed W. Luchessa extension; if a reimbursement agreement is in place prior to the start of construction. e. Construction of 18” storm drain line and related facilities on the proposed W. Luchessa Avenue extension. f. Installation of street lighting and pedestrian lighting along the proposed public street. g. Landscaping and trees along all public street frontages, including the proposed roundabouts and median islands. 83. WATER – Water lines and related facilities within the proposed subdivision is publicly owned and maintained. 84. WATER – Developer shall provide separate irrigation meter to serve this development landscaping. 85. SEWER – Proposed sewer force main and pump system is private facility owned and maintained by HOA. HOA shall hire a qualified firm to perform quarterly inspection of the sewer main force and pumping system. The test result/inspection report shall be provided to the City Engineer. Project improvement plan will clearly show maintenance responsibility. 86. SEWER - The sewer pumping system electrical panel and equipment must be designed to prevent tampering. 87. SEWER – Proposed sewer pumps shall be evaluated in a failed scenario and have mitigation measures in place to City Engineer satisfaction. The bubble-up design of the failed pump shall be in the middle of the roadway and visible to the community. Any emergency wo rk performed by the City in case of failed system will be back charged to the HOA, and HOA is responsible for payment of all cost occurred by the City. Project improvement plan will clearly show maintenance responsibility. 88. LANDSAPING – The proposed landscaping along the project public street frontages and Roundabouts are maintained by project HOA. Landscape plan will clearly show and identify limits of HOA responsibilities. 8.C.a Packet Pg. 97 Attachment: Resolution TM 18-02 (2316 : Nebbiolo, Malvasia and The Glen Tentative Map (TM 18-02)) RESOLUTION 2019-XX 4820-0682-1532v1 JH\04706089 89. WATER QUALITY – Proposed development shall comply with state mandated regional permits for both pre-construction and post-construction stormwater quality requirements per chapter 27D of the Gilroy Municipal Code, and is subject to, but not limited to, the following: a. At grading permit phase, submit a final design Stormwater Management Plan and final signed Performance Requirement Certifications specified in the City of Gilroy Stormwater Management Guidance Manual (latest edition). b. At improvement plan phase, confirm that the bioretention basin locations shown on the Stormwater Control Plan match with the locations shown on the Landscape Plans. c. Prior to building permit issuance, the Developer of the site shall enter into a formal written Stormwater BMP Operation and Maintenance Agreement with the City. i. The City shall record this agreement against the property or properties involved and it shall be binding on all subsequent owners of land served by the stormwater management treatment BMPs. The City-standard Stormwater BMP Operation and Maintenance Agreement will be provided by Public Works Engineering. ii. This Agreement shall require that the BMPs not be modified and BMP maintenance activities not alter the designed function of the facility from its original design unless approved by the City prior to the commencement of the proposed modification or maintenance activity. iii. This Agreement shall also provide that in the event that maintenance or repair is neglected, or the stormwater management facility becomes a danger to public health or safety, the city shall have the authority to perform maintenance and/or repair work and to recover the costs from the owner. iv. All on-site stormwater management facilities shall be operated and maintained in good condition and promptly repaired/replaced by the property owner(s) or other legal entity approved by the City. v. Any repairs or restoration/replacement and maintenance shall be in accordance with City-approved plans. vi. The property owner(s) shall develop a maintenance schedule for the life of any 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: a. Site address; b. Date and time of inspection; c. Name of the person conducting the inspection; d. List of stormwater facilities inspected; e. Condition of each stormwater facility inspected; f. Description of any needed maintenance or repairs; and g. 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. 8.C.a Packet Pg. 98 Attachment: Resolution TM 18-02 (2316 : Nebbiolo, Malvasia and The Glen Tentative Map (TM 18-02)) RESOLUTION 2019-XX 4820-0682-1532v1 JH\04706089 f. Before commencing any grading or construction activities, the developer shall obtain a National Pollutant Discharge Elimination System (NPDES) permit and provide evidence of filing of a Notice of Intent (NOI) with the State Water Resources Control Board. 90. WATER QUALITY - The developer is responsible for ensuring that all contractors are aware of all storm water quality measures and implement such measures. Failure to comply with the approved construction BMPs will result in the issuance of correction notices, citations or a project stop order. 91. WATER QUALITY – The developer at its sole cost shall submit the Storm Water Control Plan to a third party reviewer, acceptable to the City Engineer to ensure compliance with state mandated regional permits for post-construction stormwater quality requirements per chapter 27D of the Gilroy Municipal Code. Copy of the peer review response shall be part of the Storm Water Control Plan submittal package. 92. WATER QAULITY – Prior to final acceptance the project Design Engineer shall provide a letter to the City verifying that SWC treatment facilities are built per approved Storm Water Control Plan. 93. UTILITIES - Storm and sewer lines in private areas shall be privately owned and maintained by the HOA, unless approved by the Public Works Director. 94. UTILITIES - All services to the development shall be an "underground service" designed and installed in accordance with the Pacific Gas and Electric Company, AT&T (phone) Company and local cable company regulations. Transformers and switch gear cabinets shall be placed underground unless otherwise approved by the Planning Director and the City Engineer. Underground utility plans must be submitted prior to installation. 95. UTILITIES - 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: a. The Developer shall provide joint trench composite plans for the underground electrical, gas, telephone, cable television, and communication conduits and cables including the size, location and details of all trenches, locations of building utility service stubs and meters and placements or arrangements of junction structures as a part of the Improvement Plan submittals for the project. Show preferred and alternative locations for all utility vaults and boxes if project has not obtained PG&E approval. A licensed Civil or Electrical Engineer shall sign the composite drawings and/or utility improvement plans. (All dry utilities shall be placed underground). b. The Developer shall negotiate right-of-way with Pacific Gas and Electric and other utilities subject to the review and approval by the Engineering Division and the utility companies. c. Will Serve Letter from each utility company for the subdivision shall be supplied to the City. 96. UTILITIES - A note shall be placed on the joint trench composite plans which states that the plan agrees with City Codes and Standards and that no underground utility conflict exists. The Joint consultant shall provide the City a separate “project utility composite plan” showing all Civil, Landscape, electrical, and joint trench information to confirm that there are no conflicts with joint trench plan utilities. 8.C.a Packet Pg. 99 Attachment: Resolution TM 18-02 (2316 : Nebbiolo, Malvasia and The Glen Tentative Map (TM 18-02)) RESOLUTION 2019-XX 4820-0682-1532v1 JH\04706089 97. Prior to any construction of the dry utilities in the field, the following will need to be supplied to the City: a. A professional engineer- original electrical plan. b. 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. 98. UTILITIES - Sanitary sewer laterals and/or water meters located in driveways shall have traffic rated boxes and lids. 99. UTILTIES - The Developer/Contractor shall make accessible any or all City utilities, within the limits of work, as directed by the Public Works Director. 100. UTILTIES - 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. 101. UTILTIES - The Developer/Applicant shall obtain a SCVWD permit for any new recycled water mains connected to the existing Gilroy Water Reclamation Facility system. 102. UTILTIES – All recycled water system improvements, including appurtenances, shall be located within a PSE. 103. LANDSCAPING - Landscape Plans shall provide a “composite plan” showing Civil, Landscape, Electrical, and Joint Trench information to confirm that there are no conflicts. 104. WATER CONSERVATION - The project shall fully comply with the measures required by the City’s Water Supply Shortage Regulations Ordinance (Gilroy City Code, Chapter 27, Article VI), and subsequent amendments to meet the requirements imposed by the State of California’s Water Board. This ordinance established permanent voluntary water saving measures and temporary conservation standards. 105. WATER - All construction water from fire hydrants shall be metered and billed at the current hydrant meter rate. 106. WATER - The Developer shall perform Fire Hydrant test to confirm water system will adequately serve the development, and will modify any part of the systems that does not perform to the standards established by the City. Developer shall coordinate with Fire Department for the Fire Hydrant test. 107. WATER CONSERVATION - 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. 108. WATER - Where recycled water is not available, as determined by the Public W orks 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. 109. WATER - The Developer shall perform field verification testing of the proposed water system and will modify any part of the system that does not perform to the standards established by the City. 8.C.a Packet Pg. 100 Attachment: Resolution TM 18-02 (2316 : Nebbiolo, Malvasia and The Glen Tentative Map (TM 18-02)) RESOLUTION 2019-XX 4820-0682-1532v1 JH\04706089 110. CONSTRUCTION BMP - 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. 111. CONSTRUCTION BMP - 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 th e 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. 112. GENERAL CONSTRUCTION - If the project has excess fill or cut that will be off-hauled to a site or on-hauled from a site within the city limits of Gilroy, an additional permit is required. This statement must be added as a general note to the Grading and Drainage Plan. 113. GENERAL CONSTRUCTION - The minimum soils sampling and testing frequency shall conform to Chapter 8 of the Caltrans Construction Manual. The subdivider shall require the soils engineer to daily submit all testing and sampling and reports to the City Engineer. 114. GENERAL CONSTRUCTION – Prior to commencement of construction, the Developer/Applicant shall submit a proposed construction phasing and schedule for approval by the City Engineer. Schedule format shall be Microsoft Project, and shall identify the scheduled critical path for the installation of improvements. The schedule shall be updated weekly. 115. GENERAL CONSTRUCTION - At least one week prior to commencement of work, the Developer shall post at the site and mail to the Engineering Division and to owners of property within (300') three hundred feet of the exterior boundary of the project site a notice that construction work will commence on or around the stated date. The notice shall include a list of contact persons with name, title, phone number and area of responsibility. The person responsible for maintaining the list shall be included. The list shall be current at all times and shall consist of persons with authority to initiate corrective action in their area of responsibility. The names of individuals responsible for dust, noise and litter control shall be expressly identified in the notice. 116. GENERAL CONSTRUCTION - Prior to final inspections, all pertinent conditions of approval and all improvements shall be completed to the satisfaction of the Planning Director and City Engineer. 117. GENERAL CONSTRUCTION - All work shown on the improvement plans shall be inspected. Uninspected work shall be removed as deemed appropriate by the Public Works Director. 8.C.a Packet Pg. 101 Attachment: Resolution TM 18-02 (2316 : Nebbiolo, Malvasia and The Glen Tentative Map (TM 18-02)) RESOLUTION 2019-XX 4820-0682-1532v1 JH\04706089 118. GENERAL CONSTRUCTION - Construction activity shall be restricted to the period between 7:00 a.m. to 7:00 p.m. Mondays through Fridays, Saturday 9:00 a.m. to 7:00 p.m. for general construction activity. No work shall be done on Sundays and City Holidays. The Public Works Director may apply additional construction period restrictions, as necessary, to accommodate standard commute traffic along arterial roadways and along school commute routes. 119. GENERAL CONSTRUCTION - 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. 120. CONSTRUCTION PARKING - No vehicle having a manufacturer's rated gross vehicle weight exceeding ten thousand (10,000) pounds shall be allowed to park on the portion of a street which abuts property in a residential zone without prior approval from the Public Works Director (§ 15.40.070). 121. MONUMENTS – All monuments shall be set per the recorded final map. A certificate letter by the Surveyor or Engineer will be provided to the City Engineer. 122. ACCEPTANCE - Certification of grades and compaction is required prior to Building Permit final. This statement must be added as a general note to the Grading and Drainage Plan. 123. ACCEPTANCE - Until such time as all improvements required are fully completed and accepted by City, Developer will be responsible for the care maintenance of and any damage to such improvements. City shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the work or Improvements required for this project prior to the completion and acceptance of the work or Improvements. All such risks shall be the responsibility of and are hereby assumed by the Developer. 124. ACCEPTANCE - The developer shall submit an AutoCAD drawing file for all consultants composite basemap linework showing all public improvements and utility layouts. Separate AutoCAD file shall be submitted for civil, final map, landscape, joint trench, electrical and photometric. 125. ACCEPTANCE – Developer shall provide all final construction cost and back-up documents for City review and approval, and in a format acceptable to City Engineer. FIRE DEPARTMENT CONDITIONS The following conditions shall be shown or 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 shall be scheduled. No building permits will be issued without a Fire—Off-Site Improvement Inspection and Fire Flow Test administered by the Fire Marshal. 126. A Fire - Site improvement Inspection Card shall be obtained at Grading Permit. The Fire Site improvement Inspection card will be used for Fire Inspection of Fire Access 8.C.a Packet Pg. 102 Attachment: Resolution TM 18-02 (2316 : Nebbiolo, Malvasia and The Glen Tentative Map (TM 18-02)) RESOLUTION 2019-XX 4820-0682-1532v1 JH\04706089 Compliance, Fire Water Supply Compliance and Fire Marshal Acceptance of the Improvement Plans. 127. Fire Hydrants shall be able to flow 1500 gpm with a 20 psi residual pressure. Street Hydrants shall be spaced every 300 feet, and within 150 feet of any building. Off-site improvement plan shall provide Fire Hydrants per the City Standard. Hydrants shall be installed prior to commencement of construction with combustible materials. . 128. Homes in the WUI shall be provided with 2-inch water laterals and 2-inch meters unless a water service plan is filed prior to improvement plan submittal that shows that a NFPA 13D fire sprinkler system can be provided, to the size and configuration, of the maximum sized home and most remote home in the development using the standard 1.5 inch lateral and 1 inch meter used in non- WUI areas. The water service plan will be reviewed and confirmed by the City’s water engineering firm and at the expense of the developer. The applicant shall maintain access to fire hydrants during all phases of the project. 129. Homes in the WUI shall be provided with a 100-foot fuels reduction zone from the nearest portion of the home, including patio covers. The fuels reduction zone can include areas on the home’s parcel, streets, and open space areas maintained by the HOA. Fuels reduction zones cannot be on property not controlled by the HOA unless there is an access easement on adjacent lands and recorded on the deed of the adjacent land. Fuels reduction shall be maintained from May to November of each year. Fuels reduction zones include that grasses shall not exceed 8 inches in height, all scrub brush and dead trees removed and trees limbed up 6 ft off the ground unless the branches are major branches. Exception: The fuels reduction zone can be decreased in width upon approval by the Fire Marshal of a plan provided by a Wildland Vegetation Management Specialist and prepared at the cost of the Developer. The fuel reduction zone shall not be less than 30 ft. The improvement plans shall include the fuels reduction zone and management plan. 130. Fire Access Roadways shall be in conformance with Chapter 5 of the Gilroy Fire Code. A Fire Access Roadways shall provide fire apparatus access within 150 feet of the most remote part of a building. The Fire Marshal shall be called to inspect Fire Access Roadways prior to combustible construction. Where permanent roadways are not completed, a temporary roadway, approved by the Fire Chief may be allowed during construction. Tentative Maps shall provide the turning movements of the largest Gilroy Fire Department Apparatus when roadways are less than 36 ft in width. Obtain the apparatus dimensions from the Fire Marshal’s office. 8.C.a Packet Pg. 103 Attachment: Resolution TM 18-02 (2316 : Nebbiolo, Malvasia and The Glen Tentative Map (TM 18-02)) RESOLUTION 2019-XX 4820-0682-1532v1 JH\04706089 131. Secondary access shall be provided when 30 or more homes are served on street or in a development. Secondary Access that only serves as an EVA shall meet the City standards as a street except curb and gutter are not required. Secondary Access Roadways that are only an EVA shall be secured by an approved method that prevents tampering. The HOA shall exercise the gate or bollards at least annually and submit a report to the Fire Department that it is functional. EVA Secondary Access Roadways shall be managed by the HOA. The City Engineering Division shall review and approve the details construction and driveways for EVA. WUI EVA’s shall not be turf block or DG. 132. Gated Developments shall be provided with electronic opener equipped with a click to open, electronic opening system, compatible with the Fire/Police radios as well as KNOX key over ride for both Fire and Police access. Gates shall open the full width of the roadway. be exempted from automatic opening after 133. Roadways shall not exceed 15 % grade, shall provide a minimum 20 feet of unobstructed travel and provide vertical clearance of not less than 13.5 feet. Turning radius shall not be less than a 40-foot outside radius. Fire Apparatus shall not be required to cross to the opposite side of a street as part of a turn and sharp turns may require a “bulb out”. Dead end streets in excess of 150 feet shall be provided with a cul-de-sac of 78-foot diameter. Exception: An alternative turn around configuration can be submitted using auto-turn to showing that the largest City of Gilroy Apparatus can make the turn in 3 or fewer movements. Cul de sacs or turn-arounds shall be red curbed and provided with No Parking Fire Lane signage. The inside and outside radius of roadway turns and curves shall be red curbed to allow for Fire Apparatus movement through the turn. This includes red curbing at intersections when streets are less than 36 ft in width, or unless auto-turn can show the apparatus making the turn with parking present at/in the turn. Road widths shall be signed and striped for no parking as follows:. a. Less than 28 feet, no parking on either side b. Less than 36 feet, no parking on one side. 134. Where parking is restricted, curbs shall be painted red and provided with No Parking - Fire Lane signs installed per MUTCD standard. Include curbing and signage details in the Off-Site improvement plans. Private roadway striping and/or signage shall be enforced and maintained by the HOA. 135. Street naming and addressing shall be completed prior to final map approval. Street names shall be based on the current street naming policy. Addresses shall be assigned by the City Engineering Section. Prior to Building Permit submittal a street address and APN map shall be provided to the Building Permit Technician for entry into the 8.C.a Packet Pg. 104 Attachment: Resolution TM 18-02 (2316 : Nebbiolo, Malvasia and The Glen Tentative Map (TM 18-02)) RESOLUTION 2019-XX 4820-0682-1532v1 JH\04706089 Permitting System. Street signage shall be installed prior to any on-site improvements (foundations or buildings) has begun. 136. 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 May to November of each year. The HOA shall be responsible for maintenance. Open spaces in the WUI are subject to the prohibited plants list approved by the Fire Marshal. Existing prohibited plants shall be eliminated prior to development. Landscape plans shall be reviewed by the Fire Marshal. 8.C.a Packet Pg. 105 Attachment: Resolution TM 18-02 (2316 : Nebbiolo, Malvasia and The Glen Tentative Map (TM 18-02)) The SiteTM 18-02 Vicinity Map8.C.b Packet Pg. 106 Attachment: Vicinity Map (2316 : Nebbiolo, Malvasia and The Glen Tentative Map (TM 18-02)) Community Development Department 7351 Rosanna Street, Gilroy, California 95020-61197 Telephone: (408) 846-0451 Fax (408) 846-0429 http://www.cityofgilroy.org DATE: June 20, 2019 TO: Planning Commission FROM: Melissa Durkin, Planner II SUBJECT: Tentative Map application to subdivide approximately 125.32 acres for build-out of the Nebbiolo, Malvasia, and The Glen neighborhoods of the Glen Loma Ranch Specific Plan. Applicant Tim Filice representing the Glen Loma Group. (TM 18-02) 1) Request: Tentative Map TM 18-02 (#18060015) application requests subdivision of approximately 125.32 acres for build-out of the Nebbiolo, Malvasia, and The Glen neighborhoods of the Glen Loma Ranch Specific Plan. The subject site is located north of Santa Teresa Boulevard, between Merlot Drive and Miller Avenue. The site comprises APN # 808-18-003, 808-18-024, 808-18-025, and 808-18-026. The approved Glen Loma Ranch Specific Plan anticipates residential land uses at various densities in these neighborhoods. The requested map proposes to create 102 Village Lots in the Nebbiolo neighborhood; 46 Compact Lots in the Malvasia neighborhood; and 23 Compact Lots in the The Glen neighborhood, for a total of 171 residential lots. This subdivision would also create two public open space parcels for the construction of the Santa Teresa trail; 22 private open space parcels that will be maintained by the homeowners’ association; three lots for future development; and associated public and private streets on property. This request is for mapping purposes only, and details of the individual development of these lots are not a part of this proposal. Future build-out of these lots will be in accordance with the specific plan. The project site is located within the Glen Loma Ranch Specific Plan area and is commonly known as Nebbiolo, Malvasia, and The Glen at Glen Loma Ranch. Application filed by Tim Filice representing the Glen Loma Group, 7888 Wren Avenue, Suite D143, Gilroy, CA 95020. 2) Recommendation: Staff has analyzed the proposed project and recommends that the Planning Commission adopt a resolution recommending that the City Council approve Tentative Map TM 18-02, subject to certain findings and conditions. 3) Subject Property and Surrounding Land Uses: The subject site is presently undeveloped. The following table identifies the existing land uses and General Plan Kristi A. Abrams DIRECTOR 8.C.c Packet Pg. 107 Attachment: Planning Commission Staff Report (2316 : Nebbiolo, Malvasia and The Glen Tentative Map (TM 18-02)) 2 and zoning designations of the project site and surrounding properties. LOCATION EXISTING LAND USE GENERAL PLAN ZONING Project Site Undeveloped Nebbiolo, Malvasia, and The Glen Neighborhoods Neighborhood District (ND)/Glen Loma Ranch Specific Plan Neighborhood District/Planned Development (ND/PD) North Christmas Hill Park Ranch Site Park and Recreation Facility OS/PF South Santa Teresa Boulevard and Eagle Ridge Development Hillside Residential Single-Family Residential- Residential Hillside (R1- RH)/PD East Town Center Neighborhood (undeveloped) Neighborhood District (ND)/Glen Loma Ranch Specific Plan ND/PD West Home Ranch, Wild Chestnut, and Montonico Neighborhoods (undeveloped) Neighborhood District (ND)/Glen Loma Ranch Specific Plan ND/PD 4) Environmental Assessment: On November 7, 2005, the City Council certified the Glen Loma Ranch Specific Plan Environmental Impact Report (EIR) with 52 mitigation measures and adopted the Glen Loma Ranch Specific Plan. The California Environmental Quality Act (CEQA) Guidelines section 15182, Residential Projects Pursuant to a Specific Plan, exempts residential projects pursuant to a specific plan from further environmental review under CEQA, as long as the project meets the requirements of that section. Staff has determined that the proposed subdivision meets the requirements of section 15182, and therefore, no additional CEQA analysis is required. 5) Background Information: The proposed tentative map would provide tentative approval of the specific lots within the Nebbiolo, Malvasia, and The Glen neighborhoods of the Glen Loma Ranch Specific plan area. In addition, this tentative map would create parcels that would allow for future subdivision of the Rocky Knoll, Canyon Creek, and Town Center neighborhoods, also within the Glen Loma Ranch Specific Plan area. An additional parcel (parcel C3) would be reserved for the creation of the multi-family portion of the Malvasia neighborhood, which will be developed in the future. This staff report will focus on the Nebbiolo, Malvasia, and The Glen neighborhoods, as approval of the subject tentative map would allow the developer to obtain final map appr oval of those neighborhoods. 8.C.c Packet Pg. 108 Attachment: Planning Commission Staff Report (2316 : Nebbiolo, Malvasia and The Glen Tentative Map (TM 18-02)) 3 In accordance with the Glen Loma Ranch Development Agreement, architectural and site review permits for projects within Glen Loma Ranch, including the Nebbiolo, Malvasia, and The Glen neighborhoods, would be approved by the planning manager at staff level, provided the plans are consistent with specific plan requirements. See attachment 1 for additional background information on the Glen Loma Ranch Specific Plan. 6) General Plan Consistency: The City's General Plan designates the subject site as Neighborhood District/Glen Loma Ranch Specific Plan, which supports the proposed project request. As such, the proposal conforms to the goals and policies of the General Plan. Key goals and policies, which pertain to the proposed proje ct are discussed below: POLICY # TITLE AND SUMMARY ANALYSIS 1.01 Pattern of Development. Ensure orderly, contiguous development pattern; prioritize infill development; phase new development; encourages compactness and efficiency; preserve surrounding open space and agricultural resources; and avoid incompatible land uses. The Nebbiolo, Malvasia, and The Glen subdivision follows the development pattern envisioned by the Glen Loma Ranch Specific Plan. This subdivision is located east of the Montonico, Wild Chestnut, and Home Ranch neighborhoods, which are all under development. This subdivision is west of the Canyon Creek and Rocky Knoll neighborhoods, which have not yet received subdivision approval. Development of Nebbiolo, Malvasia, and The Glen subdivision will utilize infrastructure currently in place or under construction to support the Specific Plan as a whole. The proposed map is consistent with this policy. 1.10 Gateways. Create entry points to the City identified by well-designed, landscaped entrances. The Malvasia neighborhood is located adjacent to Santa Teresa Boulevard and will be visible from that roadway. The developer has designed the Malvasia neighborhood such that a frontage road and open space areas abut this roadway. The closest residential lot is located a minimum 170 feet from the Santa Teresa Boulevard future face-of-curb. A 25-foot landscape buffer and a segment of the Santa Teresa trail will lie between Santa 8.C.c Packet Pg. 109 Attachment: Planning Commission Staff Report (2316 : Nebbiolo, Malvasia and The Glen Tentative Map (TM 18-02)) 4 POLICY # TITLE AND SUMMARY ANALYSIS Teresa Boulevard and the frontage road. These project features combine to create an attractive project along Santa Teresa Boulevard, which is one of Gilroy’s primary entry points. The proposed map is consistent with this policy. 2.02 Rate and Timing of Growth. Ensure that the rate of growth is controlled such that resource and system capacity constraints are not exceeded and urban services are funded, implemented and completed prior to occupation of new buildings. The developer will pay impact fees and construct needed infrastructure as part of the Nebbiolo, Malvasia, and The Glen subdivision tentative map to ensure that urban services are timely provided. The proposed map is consistent with this policy. 14.02 Bicycle and Pedestrian Policy. Promote compact, mixed-use development patterns that encourage pedestrian and bicycle travel and transit use. The Specific Plan overall provides compact, mixed-use development and a series of trails to encourage bicycle and pedestrian use. Transit opportunities will be provided throughout the Specific plan area. Tentative Map application TM 18-02 will advance the specific plan’s bicycle and pedestrian goals by developing the portion of the Santa Teresa Boulevard trail that abuts its boundary, as well as the entire Autumn Camp trail, which will connect West Luchessa Avenue to Miller Avenue. These trail improvements will provide pedestrian and bicycle access among the lots in the three neighborhoods involved in this tentative map, as well as throughout the Specific plan area. The proposed map is consistent with this policy. Neighborhood District Policy Consistency: This property is located within the Glen Loma Ranch Specific Plan Neighborhood District area, which, as a whole, was 8.C.c Packet Pg. 110 Attachment: Planning Commission Staff Report (2316 : Nebbiolo, Malvasia and The Glen Tentative Map (TM 18-02)) 5 planned in compliance with General Plan Neighborhood District policies. The resolution approving the Glen Loma Ranch Specific Plan found that the design of the Plan was consistent with General Plan Neighborhood District policies (City Council Resolution 2005-82). The following Specific Plan components support that determination. A) Density Requirements: The “Neighborhood District Policy” [The Policy] sets minimum, but not maximum, density standards, and provides incentives for projects to achieve a higher “Target” density of approximately 8 units per acre [The Policy section 8.1]. The Glen Loma Ranch Specific Plan addressed The Policy’s density requirements by setting requirements for minimum and maximum densities in each neighborhood; establishing a range of product types that could be developed within each neighborhood; and by requiring a mix of lot sizes and housing types within larger neighborhoods [Glen Loma Ranch Specific Plan section 4]. W hile individual neighborhoods within the Specific Plan area may not meet minimum or target densities, the Specific Plan as a whole has been designed to meet these densities. B) Affordable Housing Requirements: The Policy requires that each Neighborhood District development construct a minimum of fifteen percent (15%) of its units at affordable prices. The adopted Development Agreement and Specific Plan set forth the specific considerations related to affordable housing and senior housing within the Glen Loma Ranch Specific Plan area. In accordance with the Development Agreement, 15.1 percent of the units constructed will be sold or rented at affordable levels, resulting in a maximum of 256 affordable units within this Specific Plan area. This number is comprised of seventy-five (75) unrestricted “Senior” units, that are intended to be affordable by design (i.e. smaller units constructed at a higher density); seventy-five (75) “affordable Senior” units that will be affordable in accordance with adopted City policies; and 106 multi-family units that will be affordable in accordance with adopted City policies. These units may be either sold or rented. That number of affordable units is required if the developer achieves the maximum Specific Plan build out of 1,693 units; if fewer units are constructed, the number of affordable units required will be reduced accordingly, while maintaining the 15.1 percent affordability ratio. The Development Agreement anticipates that “approximately 86 affordable units will be constructed in Phase 1, 85 affordable units will be constructed in Phase 2, and 85 affordable units will be constructed in Phase 3” [DA 34]. Since the Development Agreement states that Phase 1 consists of 633 units, the developer will be required to construct 86 affordable units prior to building permit issuance of the 634th unit in the Glen Loma Ranch Specific Plan area. So far, the developer has received final map approval that would allow the development of 566 units (Vista Bella, Petite Sirah, Mataro, Wild Chestnut, Home Ranch, Montonico, Luchessa and The Grove). Approximately 275 units have been finaled so far within the Specific Plan area, with another approximately 135 units under construction. Therefore, the developer is still within Phase 1 of development. 8.C.c Packet Pg. 111 Attachment: Planning Commission Staff Report (2316 : Nebbiolo, Malvasia and The Glen Tentative Map (TM 18-02)) 6 Staff has approved the Town Center Below Market Rate (BMR) site, which will construct 158 income-restricted affordable units. These units will satisfy the 106 multi-family affordable unit requirement and 52 of the affordable senior units. The Town Center Multi-family (townhouse) site proposes 46 senior affordable by design units (the end units in each row of townho uses). With a total of 204 affordable units proposed in the Town Center, the developer will exceed Glen Loma Ranch’s Phase 1 and Phase 2 affordable housing requirements. Future neighborhoods within the specific plan area will develop the remaining required affordable units. C) Neighborhood Open Space: The Policy requires open space to meet the needs of residents in the neighborhood district area. Specifically, this policy requires “minimum standards for recreational areas and [. . .] a focal point recreational area in each neighborhood.” This issue is discussed in section 9. D. of this staff report. Staff believes the Glen Loma Ranch Specific Plan will provide exceptional recreational and open space amenities for residents as well as the community at large. D) Housing Diversity: The Policy states, “Neighborhood District master and specific plans shall mix housing of different densities together, integrating them throughout the Neighborhood District.” The Glen Loma Ranch Specific Plan met this requirement by including the following housing types: compact lots, traditional lots, single-family attached lots, and multi-family attached. These housing types will be dispersed throughout the Specific plan area. By complying with the requirements of the Glen Lom a Ranch Specific Plan, the Nebbiolo, Malvasia, and The Glen neighborhoods comply with The Policy. Santa Clara Valley Habitat Plan Consistency: Development of the Glen Loma Ranch Specific Plan area is regulated by the Habitat Plan. As such, the developer will be required to conduct focused, pre-construction surveys for the federally and state-listed Endangered Species and state Species of Special Concern and obtain a Habitat Plan permit. 7) Conformance with Glen Loma Ranch Specific Plan Development Standards and Guidelines: The proposed development is located in the Glen Loma Ranch Specific Plan area. In accordance with the Gilroy City Code, the proposed subdivision may be approved with a tentative map. Staff will review and approve the future architectural and site review applications separate from this proposed subdivision, in accordance with the Development Agreement. The following applicable development standards have been considered for the proposed project. Applicable Glen Loma Ranch Specific Plan Standards STANDARD REQUIRED PROPOSED CONFORMS? LUS-1 Each Neighborhood within the Specific The Nebbiolo, Malvasia and The Glen subdivision Yes 8.C.c Packet Pg. 112 Attachment: Planning Commission Staff Report (2316 : Nebbiolo, Malvasia and The Glen Tentative Map (TM 18-02)) 7 STANDARD REQUIRED PROPOSED CONFORMS? Plan shall observe the setbacks to natural features established within the Specific Plan and project Mitigation Measures is largely surrounded by preserved natural open space. Lot setbacks to the open space area and the creation of a fuel transition zone were established during development of the Specific Plan. These areas are indicated on Specific Plan Figure 25. The lots within this subdivision have been designed in accordance with this plan. LUS-2 The Neighborhoods within the Specific Plan shall provide visual as well as physical access to the natural features being preserved and enhanced subject to environmental consideration where appropriate The Nebbiolo, Malvasia and The Glen subdivision preserves the view of the preserved open space areas via buffers and subdivision design. The Autumn Camp trail and Santa Teresa trail, will provide access to the open space areas. Yes LUS-11 Streets, and/or trails shall link schools, parks, commercial areas, and residential Neighborhoods to ensure pedestrian access. The Specific Plan has been designed with a system of streets and trails that connect the schools, parks, commercial areas and neighborhoods within the Specific Plan area. The proposed tentative map implements this aspect of the specific plan by constructing streets that will connect to the master planned street system, as well as constructing the segment of Santa Teresa trail abutting the site and the Autumn Camp trail. Yes TCMF/O Provide pedestrian The project has been Yes 8.C.c Packet Pg. 113 Attachment: Planning Commission Staff Report (2316 : Nebbiolo, Malvasia and The Glen Tentative Map (TM 18-02)) 8 STANDARD REQUIRED PROPOSED CONFORMS? SS-2 paths to connect parking, open space and recreational facilities. designed with sidewalks that connect parking, open space and recreational facilities. In addition, the project will construct a segment of the Santa Teresa trail and the entire Autumn Camp trail. TRS-2 The route and destination points of the various trail segments will be conceptually set through the adoption of the Glen Loma Ranch Specific Plan. Future Neighborhoods that develop adjacent to the trail segments shall respect the trail alignments as adopted. A segment of the Santa Teresa trail and the entire Autumn Camp trail abut this subdivision. These trails/trail segments will be constructed as part of this project. Yes TRS-4 Trail segments will be constructed by individual projects adjacent to the trails. The completed trail segments and an area equivalent to the width of future multi-use trails will be built to city standards and dedicated to the City of Gilroy. A segment of the Santa Teresa trail and the entire Autumn Camp trail abut this subdivision. These trails/trail segments will be constructed as part of this project. Yes FPS-1 The size of each Focal Point shall be at least 4,500 square feet in size. Each neighborhood provides a focal point area exceeding 4,500 square feet. Yes NLS-1 Neighborhoods that lie adjacent to Santa Teresa Boulevard shall provide a fifty- foot (50’) buffer for The Malvasia neighborhood is located adjacent to Santa Teresa Boulevard and will be visible from that roadway. Yes 8.C.c Packet Pg. 114 Attachment: Planning Commission Staff Report (2316 : Nebbiolo, Malvasia and The Glen Tentative Map (TM 18-02)) 9 STANDARD REQUIRED PROPOSED CONFORMS? acoustical and aesthetic considerations. The developer has designed the Malvasia neighborhood such that a frontage road and open space areas abut this roadway. The closest residential lot is located a minimum 170 feet from the Santa Teresa Boulevard future face-of- curb. NLS-6 Neighborhoods that lie adjacent to Santa Teresa Boulevard are encouraged to feature higher density residential product types so the buildings provide noise shielding in lieu of soundwalls. Malvasia parcel C3, which will be developed at a future date, will be developed with multi- family housing. The design of this development will eliminate the need for soundwalls. Yes Applicable Glen Loma Ranch Specific Plan Guidelines STANDARD REQUIRED PROPOSED CONFORMS? VAG-1 Through streets are preferred, but loop streets are permitted to form interconnecting grid patterns. This subdivision proposes a combination of through and looped streets that connect to surrounding through streets within the Specific Plan area. Yes NLG-2 In cases where sound walls are used, the following measures should be used:  Breaks and openings shall be incorporated in the design of the sound walls.  Locate sound The applicant has designed the subdivision to minimize soundwalls. Only short sections of streets will require soundwalls, such that no breaks are needed. Instead, the soundwalls will be screened with landscaping. Yes 8.C.c Packet Pg. 115 Attachment: Planning Commission Staff Report (2316 : Nebbiolo, Malvasia and The Glen Tentative Map (TM 18-02)) 10 STANDARD REQUIRED PROPOSED CONFORMS? walls behind berms and/ or landscaping to screen them from Santa Teresa Boulevard. 8) Staff Analysis for Tentative Map (TM 18-02): The subject property would create three neighborhoods within the Glen Loma Ranch Specific Plan area: the Nebbiolo neighborhood (102 lots); the Malvasia neighborhood (46 lots), and The Glen neighborhood (23 lots). The proposed tentative map would also create parcels for the Rocky Knoll, Canyon Creek, and Town Center neighborhoods. Those neighborhoods would receive subdivision approval with specific lot layouts through separate tentative map processes. While the subject tentative map creates parcels allowing for future subdivision of the Rocky Knoll, Canyon Creek, and Town Center neighborhoods, it provides for ultimate mapping of the Nebbiolo, Malvasia, and The Glen neighborhoods, allowing these neighborhoods to proceed to the final map process. This tentative map staff report focuses on these three neighborhoods, as all of the other neighborhoods require separate tentative map approval (see attachment 2 for a project vicinity map and attachment 3 for tentative map plans). In accordance with Section 21.41(i) of the Gilroy City Code, initial approval of a tentative map is valid for twenty-four (24) months. Such approval may only be extended at the Council’s discretion. a) Site Layout and Lot Sizes: TM 18-02 proposes to subdivide the following neighborhoods within the Glen Loma Ranch Specific Plan area: Nebbiolo, Malvasia and The Glen. These neighborhoods are located in the central portion of the specific plan area, north and south of West Luchessa Avenue. This subdivision is bordered to the north by Christmas Hill Park Ranch Site; to the south by Santa Teresa Boulevard and the Eagle Ridge development; to the east by the Town Center neighborhood; and to the west by the Home Ranch, Wild Chestnut, and Montonico neighborhoods (see attachment 3 for reduced plans). The following chart summarizes the proposed parcels and land uses: Land Use Acreage Lot(s) Public Open Space Lots and trail easements (Santa Teresa trail and Autumn Camp trail) 0.49 A1 and A2 8.C.c Packet Pg. 116 Attachment: Planning Commission Staff Report (2316 : Nebbiolo, Malvasia and The Glen Tentative Map (TM 18-02)) 11 Private Open Space Lots 31.78 B1-B22 Future Development Lots 55.78 C1-C3 Residential Lots 23.68 1-171 Public Streets 1.24 n/a Private Streets 12.35 n/a Total 125.32 Nebbiolo Neighborhood: The Nebbiolo neighborhood is located on the center of the Specific Plan area, at the top of a wooded bluff. Nebbiolo is bordered on the north, east, and west by private open space; the Montonico and Malvasia neighborhoods border Nebbiolo to the south. The Nebbiolo neighborhood consists of 102 Village single-family lots, at a density of 6.7+/- DU/net acre. [Village Lots are described in the Specific Plan in Section 7, page 23 and 28.] Lots in this neighborhood range in size from 5,000+/- to 12,600+/- square feet and will be served by private streets with 102 on -street parking spaces. [Note: all on-street parking discussed in this tentative map analysis is in addition to parking in garages and driveways.] See attachment 4 for project stre et names. Homes in this neighborhood will back onto West Luchessa Avenue and Merlot Drive, necessitating a 6-foot high soundwall on these two streets. [Note: an acoustical analysis prepared for this Specific Plan has determined that soundwalls with a height of six feet are adequate to meet General Plan noise standards. Therefore, all soundwalls discussed in this tentative map analysis will be six feet high.] All of the lots within this neighborhood will front on private streets; one lot will be accessed by a private driveway off a private street (lot 45). Thirty-eight of the lots in this neighborhood will back onto private preserved open space areas. These includes lots 31 through 59 (twenty-nine lots); lots 60- 61 and 63 (3 lots); and lots 80 through 85 (6 lots). See related discussion concerning homes backing onto open space in the “Open Space” section of this report (Section D). Lots backing onto preserved open space areas will provide open view fencing to the open space area, in accordance with t he adopted Specific Plan. The neighborhood includes a 0.43+/- -acre private open space area to be developed as a neighborhood focal point (parcel B5). As with all neighborhoods included in this tentative map, the neighborhood focal point design will be considered as part of the architectural and site review application. Malvasia: The Malvasia neighborhood is located between West Luchessa Avenue and Santa Teresa Boulevard, south of the Nebbiolo neighborhood. It is bordered on the east by private open space (a drainage corridor) and the future Rocky Knoll and Canyon Creek neighborhoods. This neighborhood consists of 8.C.c Packet Pg. 117 Attachment: Planning Commission Staff Report (2316 : Nebbiolo, Malvasia and The Glen Tentative Map (TM 18-02)) 12 46 Compact single-family lots at a density of 8+/- DU/net acre. [Compact Lots are described in the Specific Plan in Section 7, pages 23-27.] Lots in this neighborhood range in size from 4,000+/- to 9,070+/- square feet and will be served by private streets with 46 street parking spaces. Twelve lots in this neighborhood will back onto West Luchessa Avenue, necessitating a soundwall on this street. All single-family lots in this neighborhood front on private streets. The Malvasia neighborhood proposes a 4.4+/- acre remainder lot for future development (lot C1). This lot is proposed to accommodate an attached housing product; the specific housing product has not yet been determined. The lot will require approvals considered through separate processes. In accordance with the Specific plan, the architectural and site review for this parcel will be approved at a staff level. The Malvasia neighborhood includes two private open space areas totaling 3.2+/- acres that will serve as the neighborhood focal point. The Glen Neighborhood: Like the Nebbiolo neighborhood, The Glen neighborhood is located at the top of a wooded bluff and is almost entirely surrounded by preserved natural open space areas. Access to this site will be provided by a private divided cul-de-sac that receives access from West Luchessa Avenue. Two lots within this development will receive access from a private driveway (lots 150 and 151). Those lots back onto West Luchessa Avenue and will require a soundwall on the rear and sides of the lots. This neighborhood will be gated. The Glen neighborhood would consist of 23 Compact single-family lots at a density of 7.8+/- DU/net acre, ranging in size from 4,860+/- to 7,000+/- square feet. All lots within this neighborhood will be served by a single, divided private street. This neighborhood will have 23 on-street parking spaces. Homes in this neighborhood will back on to the preserved natural open space areas surrounding this site. A detention basin lies at the top of this neighborhood (lot B 21). The neighborhood includes a 0.2+/- -acre private open space areas to be developed as a neighborhood focal point. b) Density: The densities of the neighborhoods proposed in this phase of the Glen Loma Ranch Specific Plan are shown in the chart below. Neighborhood Total Units Net Area (acres) Net Density (DU/Acre) Nebbiolo 102 15.15 6.7+/- Malvasia 46 5.65 8+/- 8.C.c Packet Pg. 118 Attachment: Planning Commission Staff Report (2316 : Nebbiolo, Malvasia and The Glen Tentative Map (TM 18-02)) 13 The Glen 23 2.95 7.8+/- Totals: 171 23.75 7.2 (average) c) Circulation: The Glen Loma Ranch Specific Plan includes a circulation system composed of arterial, collector and local roads connecting to Santa Teresa Boulevard, Miller Avenue, Tenth Street, and Luchessa A venue. The Specific Plan also includes a well-developed system of bicycle and pedestrian trails that provide connectivity throughout the Specific Plan area and to adjacent residential neighborhoods, Christmas Hill Park, and the Uvas Creek Park Preserve. Opportunities for transit are also included within the plan. Private streets within the Nebbiolo, Malvasia and The Glen subdivision comply with City of Gilroy private street standards in terms of lane width, sidewalk width, and parking stall width; all private streets will be maintained by the homeowners’ association. The names of the new private streets have been approved in accordance with the Development Agreement. Access to the Nebbiolo, Malvasia and The Glen subdivision will be provided by West Luchessa Avenue and Merlot Drive. d) Open Space: In addition to the specific plan-wide open space discussed in Attachment 1, “Glen Loma Ranch Specific Plan Background information” and the focal point areas discussed above, the Malvasia neighborhood will devel op the portion of the Class I (paved) Santa Teresa trail that abuts this property. This entire Autumn Camp trail will also be constructed, connecting West Luchessa Avenue to Miller Avenue. Trail/Open Space Interfaces: City general plan policies discourage homes backing onto open space areas because homes block the view of the open space and prevent it from being monitored. In addition, recreational use of open space areas can be a nuisance to residents who want to peacefully enjoy their rear yards. However, in consideration of the fact that approximately 25 percent of the Glen Loma Ranch Specific Plan area will be maintained as permanent preserved open space with corresponding limitations on the project’s ability to construct housing surrounding the open space, the city agreed to permit the Glen Loma Ranch Specific Plan to design homes backing onto open space areas. These homes are required to construct open fencing to allow property owners to monitor the open space areas. No homes within this subdivision directly abut the Santa Teresa trail or Autumn Camp trail. Open Space Buffers/Fuel Transition Zones: Specific plan policy POSS-5 requires open space buffers around preserved open space areas. These 8.C.c Packet Pg. 119 Attachment: Planning Commission Staff Report (2316 : Nebbiolo, Malvasia and The Glen Tentative Map (TM 18-02)) 14 buffers, which act as fuel transition zones (FTZ), are areas of mowed, native vegetation and are specified in Specific plan figure 26. The buffers/FTZs shown on the proposed tentative map comply with Specific Plan requirements. Open Space Maintenance: All open space within the three neighborhoods, the Santa Teresa trail, and the Autumn Camp trail will be maintained by the homeowners’ association. e) Soundwalls: Some lots in the Nebbiolo, Malvasia and The Glen neighborhoods will back onto Luchessa Avenue and Merlot Drive; these lots will require soundwalls. Specifically, 6-foot high masonry walls will be constructed on lots one through 12 in the Nebbiolo neighborhood, on lots 137 through 148 in the Malvasia neighborhood, and on lots 149 and 150 in The Glen neighborhood. Because the applicant proposes to place a street adjacent to Santa Teresa Boulevard, no soundwall will be necessary along the portion of the Malvasia neighborhood abutting Santa Teresa Boulevard. The future multi-family project that will be developed on lot C1 within the Malvasia neighborhood will be designed to eliminate the need for soundwalls. f) Stormwater Treatment Basins: The tentative map shows three detention basins: one on parcel B3, one on parcel B9, and one on parcel B21. The basins are designed to provide stormwater detention and stormwater treatment for the proposed development as well as the future Rocky Knoll, Canyon Creek, and Malvasia multi-family neighborhoods. The treatment basins will be constructed as part of project improvements. g) Off-Site Improvements: The following off-site improvements would be developed as part of this tentative map approval: West Luchessa Avenue from Santa Teresa Boulevard to parcel B 18; Merlot Drive from its intersection with West Luchessa Avenue to its intersection with Riini Place (Private Street A); Santa Teresa Trail and associated landscaping (along the Malvasia neighborhood frontage); and Autumn Camp trail and associated landscaping. h) Property Dedications and Easements: The developer will dedicate trail land to the city for the Santa Teresa trail improvements; the public right-of-way along West Luchessa Avenue and Merlot Drive adjacent to the Nebbiolo, Malvasia, and The Glen neighborhoods; a public trail easement for Autumn Camp trail; and land required for public services easements. i) FINDINGS: As discussed and analyzed above, the following findings can be made in support of the tentative map request: i) The proposed Tentative Map is generally consistent with the intent of the goals and policies of the Glen Loma Ranch Specific Plan. ii) The proposed Tentative Map is consistent with the intent of the goals and policies of the City's General Plan. iii) The proposed development is consistent with the Zoning Ordinance and the City's Subdivision and Land Development Code, and the State 8.C.c Packet Pg. 120 Attachment: Planning Commission Staff Report (2316 : Nebbiolo, Malvasia and The Glen Tentative Map (TM 18-02)) 15 Subdivision Map Act. iv) Public utilities and infrastructure improvements needed in order to serve the proposed project are in close proximity. v) There will be no significant environmental impacts as a result of this project due to the required mitigation measures to be applied. As such, staff supports a recommendation of approval by the Planning Commission with the recommended conditions included in Attachment 5 of this staff report. 9) Gilroy Unified School District (GUSD): Project plans were routed to the GUSD for review and comments. Gilroy Unified School District staff has provided the following information about this site: a) The Glen Loma Ranch development is served by the following schools: Las Animas Elementary, Ascension Solorsano Middle School, and Gilroy High School. The District might construct an additional elementary school within the Glen Loma Ranch Specific Plan area in the future, if warranted. b) District staff expects approximately 59 students to be generated from this project and has determined that the schools serving the Glen Loma Ranch development have adequate capacity to serve the students generated by the new homes. c) Students will eventually access Las Animas Elementary School, approximately 0.7 miles from the subdivision, via West Luchessa Avenue. In the interim period before West Luchessa Avenue is completed, students will travel by vehicle on West Luchessa to Santa Teresa Boulevard, to West 10th Street, and back to West Luchessa (1.3+/- miles). Pedestrians and bicyclists may also use the Autumn Camp trail from the subdivision to Miller Avenue, and then to West Luchessa. Students will travel to Ascension Solorsano Middle School, approximately 0.5 miles from the subdivision, via West Luchessa Avenue/Merlot Drive to Syrah Drive. Students will travel to Gilroy High School, approximately 2.5 miles from the subdivision, initially via West Luchessa to Santa Teresa Boulevard, to West 10th Street, back to West Luchessa Drive, and then to Princevalle Drive. Ultimately students will travel approximately one mile via West Luchessa to West Tenth Street, across the Tenth Street bridge. 10) Technical Advisory Committee (TAC): Project plans were routed to Engineering, Building, Police, and Fire representatives for internal review and comment. The TAC considered the project on June 28, 2018 and on April 4, 2019. Recommendations of the TAC members have been incorporated into the project plans and/or are included as recommended conditions in attached resolution(s). Pursuant to Section 21.41(a), the Tentative Map was distributed for consideration by various departments and utility agencies. Standard comments received are incorporated in the recommended conditions of approval (see Attachment 5). 11) Bicycle Pedestrian Committee (BPC): On August 28, 2018, the applicant gave a 8.C.c Packet Pg. 121 Attachment: Planning Commission Staff Report (2316 : Nebbiolo, Malvasia and The Glen Tentative Map (TM 18-02)) 16 presentation on the Glen Loma Ranch Specific Plan area to the BPC. The presentation had a special focus on pedestrian and bicycle aspects of this proposal, as well as interconnectivity among neighborhoods within the specific plan area. The BPC asked questions related to proposed bicycle and pedestrian amenities and the overall circulation plan. 12) Noticing: Property owner information (i.e. list, labels, and map) within 500 feet of the subject site were generated by First American Title Company u sing current ownership data. On June 7, 2019, notices of this Planning Commission meeting were mailed to the property owners along within other interested parties. In addition, the property has been posted with on -site signage notifying passersby of pending development, and the Planning Commission public hearing packets are available through the City's webpage. 13) Appeal Procedure: The Planning Commission's action is not final, but rather a recommendation. As such, the matter will be considered by the City Council at a later date. Attachments: 1. Glen Loma Ranch Background Information 2. Vicinity Map 3. TM-Nebbiolo, Malvasia, The Glen 4. Street Names 5. TM 1802_Reso_2019-##_PC_Final 8.C.c Packet Pg. 122 Attachment: Planning Commission Staff Report (2316 : Nebbiolo, Malvasia and The Glen Tentative Map (TM 18-02)) VINADOR PLWINZER PLVINTNER STMERLOT DRVI N T N E R C TRIINA PLSAWANA WYHURKA WYYAWI PL SIRAK DRHAKKAN DRPORPOR CTPORPOR CTTIIWIS WYRECE LN8.C.dPacket Pg. 123Attachment: Street Names (2316 : Nebbiolo, Malvasia and The Glen Tentative Map (TM 18-02)) 8.C.ePacket Pg. 124Attachment: Reduced Project Plans (2316 : Nebbiolo, Malvasia and The Glen Tentative Map (TM 18-02)) 8.C.ePacket Pg. 125Attachment: Reduced Project Plans (2316 : Nebbiolo, Malvasia and The Glen Tentative Map (TM 18-02)) 8.C.ePacket Pg. 126Attachment: Reduced Project Plans (2316 : Nebbiolo, Malvasia and The Glen Tentative Map (TM 18-02)) 8.C.ePacket Pg. 127Attachment: Reduced Project Plans (2316 : Nebbiolo, Malvasia and The Glen Tentative Map (TM 18-02)) 8.C.ePacket Pg. 128Attachment: Reduced Project Plans (2316 : Nebbiolo, Malvasia and The Glen Tentative Map (TM 18-02)) 8.C.ePacket Pg. 129Attachment: Reduced Project Plans (2316 : Nebbiolo, Malvasia and The Glen Tentative Map (TM 18-02)) 8.C.ePacket Pg. 130Attachment: Reduced Project Plans (2316 : Nebbiolo, Malvasia and The Glen Tentative Map (TM 18-02)) 8.C.ePacket Pg. 131Attachment: Reduced Project Plans (2316 : Nebbiolo, Malvasia and The Glen Tentative Map (TM 18-02)) 8.C.ePacket Pg. 132Attachment: Reduced Project Plans (2316 : Nebbiolo, Malvasia and The Glen Tentative Map (TM 18-02)) 8.C.ePacket Pg. 133Attachment: Reduced Project Plans (2316 : Nebbiolo, Malvasia and The Glen Tentative Map (TM 18-02)) 8.C.ePacket Pg. 134Attachment: Reduced Project Plans (2316 : Nebbiolo, Malvasia and The Glen Tentative Map (TM 18-02)) 8.C.ePacket Pg. 135Attachment: Reduced Project Plans (2316 : Nebbiolo, Malvasia and The Glen Tentative Map (TM 18-02)) 8.C.ePacket Pg. 136Attachment: Reduced Project Plans (2316 : Nebbiolo, Malvasia and The Glen Tentative Map (TM 18-02)) 8.C.ePacket Pg. 137Attachment: Reduced Project Plans (2316 : Nebbiolo, Malvasia and The Glen Tentative Map (TM 18-02)) 8.C.ePacket Pg. 138Attachment: Reduced Project Plans (2316 : Nebbiolo, Malvasia and The Glen Tentative Map (TM 18-02)) 8.C.ePacket Pg. 139Attachment: Reduced Project Plans (2316 : Nebbiolo, Malvasia and The Glen Tentative Map (TM 18-02)) 8.C.ePacket Pg. 140Attachment: Reduced Project Plans (2316 : Nebbiolo, Malvasia and The Glen Tentative Map (TM 18-02)) 8.C.ePacket Pg. 141Attachment: Reduced Project Plans (2316 : Nebbiolo, Malvasia and The Glen Tentative Map (TM 18-02)) 8.C.ePacket Pg. 142Attachment: Reduced Project Plans (2316 : Nebbiolo, Malvasia and The Glen Tentative Map (TM 18-02)) 8.C.ePacket Pg. 143Attachment: Reduced Project Plans (2316 : Nebbiolo, Malvasia and The Glen Tentative Map (TM 18-02)) 8.C.ePacket Pg. 144Attachment: Reduced Project Plans (2316 : Nebbiolo, Malvasia and The Glen Tentative Map (TM 18-02)) 8.C.ePacket Pg. 145Attachment: Reduced Project Plans (2316 : Nebbiolo, Malvasia and The Glen Tentative Map (TM 18-02)) 8.C.ePacket Pg. 146Attachment: Reduced Project Plans (2316 : Nebbiolo, Malvasia and The Glen Tentative Map (TM 18-02)) 8.C.ePacket Pg. 147Attachment: Reduced Project Plans (2316 : Nebbiolo, Malvasia and The Glen Tentative Map (TM 18-02)) 8.C.ePacket Pg. 148Attachment: Reduced Project Plans (2316 : Nebbiolo, Malvasia and The Glen Tentative Map (TM 18-02)) 8.C.ePacket Pg. 149Attachment: Reduced Project Plans (2316 : Nebbiolo, Malvasia and The Glen Tentative Map (TM 18-02)) 8.C.ePacket Pg. 150Attachment: Reduced Project Plans (2316 : Nebbiolo, Malvasia and The Glen Tentative Map (TM 18-02)) 8.C.ePacket Pg. 151Attachment: Reduced Project Plans (2316 : Nebbiolo, Malvasia and The Glen Tentative Map (TM 18-02)) 8.C.ePacket Pg. 152Attachment: Reduced Project Plans (2316 : Nebbiolo, Malvasia and The Glen Tentative Map (TM 18-02)) 8.C.ePacket Pg. 153Attachment: Reduced Project Plans (2316 : Nebbiolo, Malvasia and The Glen Tentative Map (TM 18-02)) 8.C.ePacket Pg. 154Attachment: Reduced Project Plans (2316 : Nebbiolo, Malvasia and The Glen Tentative Map (TM 18-02)) City of Gilroy STAFF REPORT Agenda Item Title: Consideration of an Amendment of Gilroy City Code Chapter 30 to Make Minor Revisions and Amend, Repeal or Replace Provisions Including the Definitions, Land Use Table, Parking and Storage, Nonconforming Uses, Minor Modifications, and Accessory Dwelling Unit Regulations, to Ensure Internal Consistency, Improve Interpretations and Conform with State Laws (Z 18-07) Meeting Date: August 5, 2019 From: Gabriel Gonzalez, City Administrator Department: Community Development Department Submitted By: Greg Larson Prepared By: Greg Larson Kraig Tambornini Strategic Plan Goals ☐ Fiscal Stability ☐ Downtown Revitalization ☐ Economic Development ☐ Neighborhood Services ☐ Enhanced Public Safety ☐ Workforce Stability ☐ Public Engagement RECOMMENDATION Motion to continue the public hearing to the August 19, 2019 regular meeting. EXECUTIVE SUMMARY It is recommended that the Council continue the public hearing for this item to the August 19th regular meeting. The Council may open the public hearing, take public comment, and leave the public hearing open until this continued date. The Community Development Department has drafted minor amendments to the zoning 8.D Packet Pg. 155 regulations in order to meet provisions of state law and improve understanding of the Zoning Ordinance. The proposed zoning revisions, Z18-07, would further public health, safety, welfare, orderly development and economic stability in the City of Gilroy by bringing the Zoning Ordinance into greater conformity with the General Plan and state laws. Specifically, these improves would be achieved through minor changes to the definitions, land uses, parking, vehicle storage, nonconforming uses, minor modifications and accessory dwelling unit standards. On June 20, 2019, the Planning Commission considered the proposed revisions at a duly noticed public hearing (Planning Commission Staff Report attached). Two considerations from staff’s original recommendation were voted upon separately. Specifically: 1) the allowance of Recreational Vehicle Park, Travel Trailer Park or Camping Facility in the Commercial and Industrial zoning land uses (recommended by the Planning Commission to remain in the Zoning Ordinance), and 2) the requirement for replacement parking for Accessory Dwelling Units (ADUs) outside of the front setback (recommended by the Planning Commission to be removed from the Zoning Ordinance). The Planning Commission’s concerns are discussed in this report; however, staff’s original recommendations are presented to City Council as described herein. The proposed changes are consistent with the City’s General Plan and Zoning Ordinance, and are exempt from review under the California Environmental Quality Act (CEQA). BACKGROUND Minor amendments to the Zoning Ordinance are made periodically in order to respond to revised state laws, emerging trends or to implement new policy direction. Such amendments were previously made in 2015, 2016 and 2018. Past changes included standards for granting minor design modifications, update of downtown use tables including permitting office uses on the ground floor in specific areas, parking revisions, permitting of banner signs, update of wireless regulations, amendment of accessory dwelling unit regulations, permitting of recreational marijuana use consistent with state law, updating of the landscape ordinance, and adoption of a tree removal permit process. The Zoning Ordinance typically receives a comprehensive update after the City adopts a new General Plan document. Consequently, a comprehensive update of the Zoning Ordinance will be completed following adoption of General Plan 2040. In the meantime, amendments are necessary now to clarify and update existing zoning regulations. On June 20, 2019 the Planning Commission considered the staff recommended revisions (Z18-07) and passed the following motions supporting the amendments:  Motion to adopt Resolution No. 2019-07 recommending Z18-07 to the City Council, with the exception of the amendments for recreational vehicle parks and accessory dwelling unit parking requirements. The motion passed 5-0 (2 absent). 8.D Packet Pg. 156  Motion to recommend the recreational vehicle park amendments be excluded from the amendments. The motion passed 5 -0 (2 absent).  Motion to recommend that replacement parking would not be required for converting a garage into an ADU. The motion passed 4-1 (2 absent). ANALYSIS Planning Commission Action on Amendments Staff’s originally recommended amendments, as considered by the Planning Commission (PC) on June 20, 2019, are presented in the recommended draft Ordinance Z18-07 (attached to this report). As noted above, these revisions are proposed primarily for clarification and clean-up items. An attachment to this report shows all proposed revisions with strikeout (x) and underline (x) text; reflecting deleted and added language, respectively. The draft PC Resolution and draft PC meeting minutes are also attached. The amendments reflected in Ordinance Z18-07 do not incorporate Planning Commission’s recommendations to reject the recreational vehicle park amendments and parking provisions for conversion of a garage to an accessory dwelling unit. These are discussed as follows, for Council consideration:  PC Recommendation to Reject Recreational Vehicle Park Amendments Staff recommended eliminating provisions allowing “Recreational Vehicle Park, Travel Trailer Park or Camping Facility” from the Commercial and Industrial zoning land use tables (Sections 30.19.10(c)(1) and 30.23.10(c), respectively), and revising related sections 30.42.20 and 30.42.30 regulating such facilities. The two existing RV camping facilities in the City would remain regulated under their current Conditional Use Permits and the remaining RV park standards. Staff recommends this change in response to the State Housing and Community Development rules that pre-empt local regulation of limits on length of stay, and allow for long-term occupancy within any RV park (CA Civil Code, Ca Code of Regulations, and CA Health and Safety Code). The majority of the RV camping sites within the existing parks in the City are now used for long-term stays of more than 60 days, and not for short term camping, as originally anticipated per the approved CUPs. Furthermore, the industrial zones were never anticipated to be locations for long term housing, due to the nature of the businesses within those zones, and the lack of proximity to services. Long-term residential use within the industrial districts conflict with the City’s General Plan policies. The Planning Commission recommended leaving this land use type as an opportunity for new RV camping facilities to be established (in M1, M2, CM and HC zones). The 8.D Packet Pg. 157 primary reasons stated during discussion included was that such facilities could provide an affordable, possibly long-term, option for residents to remain within the community. The Zoning Ordinance allows for modular home parks to be established within residentially designated areas. Thus, it is the opinion of staff that the zoning code retains sufficient opportunities for affordable housing of this type that is intended for long-term use. As such, these units would also be counted as part of the City housing obligation under the Regional Housing Needs Allocation (RHNA). The current RV parks were not intended to serve as long-term residential use, and do not count toward the City’s housing obligation under the RHNA.  PC Recommendation to Reject ADU Replacement Parking Amendment Staff recommends amending section 30.54.30(c) to clarify that if a garage is converted to an accessory dwelling unit (ADU), then the parking required for the primary unit shall not be allowed within the front yard setback. The state mandates that the City must allow garage conversions and, if replacement parking is required, the City must allow this to be replaced uncovered and tandem. State regulations do not place restrictions on location of required parking spaces. However, local jurisdictions can impose such restrictions. The City currently does not allow required parking for the main house to be within the required front yard setback, which is 26 feet measured from the face of curb. Typically, the driveway leading to the garage is located within this front yard setback area. Staff’s recommendation is intended to ensure consistent on-site parking requirements for all single-family uses. The Planning Commission supported removing any location restriction for replacement parking to be provided as a result of a garage conversion. In many cases, where the minimum driveway length is 18 feet, the required parking for the single-family residence would be located on the existing driveway, and within the front yard setback. This allowance is vastly different from requirements imposed on single -family residences that do not have an ADU onsite. The following potentially positive and negative effects of this recommendation have been noted: Positive: The Commission recommended change could simplify the process for an ADU approval, and reduce costs. This approach could also serve to retain the existing character of the house. For instance, an applicant would not need to modify the existing site plan and driveway to accommodate new parking outside of the setback. Negative: If replacement parking (2 spaces) for the single-family use is not required, this could increase on-street parking congestion on residential streets. This would be especially problematic in Planned Unit Developments where on- street parking is already limited. This change could affect existing residential neighborhoods, many of which have private roads and limited existing street parking. Therefore, staff would not recommend the 8.D Packet Pg. 158 Commission’s recommended alternative without further outreach and public discussion to include potential stakeholders. General Plan Consistency The City's General Plan sets forth various goals and policies for community design, growth management, economic development, agricultural use, historic preservation, and scenic highways. The land use plan map designates areas for development of specific land use types, which are implemented through the Zoning Ordinance. The minor amendments to the Zoning Ordinance would not result in any change to existing or proposed land uses, and are being suggested to promote compliance with state law, improve interpretations, and increase consistency between the General Plan and Zoning Ordinance. Zoning Consistency and Findings As required by Zoning Ordinance Section 30.52 , the Planning Commission held a public hearing to consider the proposed amendments and made findings recommending to the City Council that the amendments carry out the general purpose of the Zoning Ordinance and applicable General Plan goals and policies. The proposed zoning revisions Z18-07 would further the public health, safety, welfare, orderly development and economic stability within the City of Gilroy by bringing the Zoning Ordinance into greater conformity with the General Plan and state laws. Specifically, this would be achieved through minor changes made to the definitions, land uses, parking, vehicle storage, nonconforming uses, minor modifications and accessory dwelling unit standards. Environmental Determination Approval of the provisions contained in the Zoning Text Amendment file number Z 18 - 07 are exempt from environmental review under CEQA pursuant to the provisions of Section 15061(b) (3) of the CEQA Guidelines, which states that a project is exempt from CEQA when “[t]he activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant impact to the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. ALTERNATIVES 1. Council may proceed with adoption of draft Ordinance Z18-07. STAFF RECOMMENDS THIS OPTION as it implements only minor changes to the City zoning code to address changes in state laws and implement local policy. 2. Council may proceed with adoption of draft Ordinance Z18 -07 with the additional recommendations of the Planning Commission to exclude the recreational vehicle park and replacement parking provides, as discussed. STAFF DOES 8.D Packet Pg. 159 NOT RECOMMEND THIS OPTION because it would not implement city housing policy regarding housing in the industrial zones and would not include additional public outreach and input on parking changes for ADUs. 3. Council may direct staff to prepare additional revisions or amendments. STAFF DOES NOT RECOMMEND THIS OPTION because it does not meet the intent of this effort to make minor cleanup edits only, for the purpose of clarifying existing regulations and consistency with state law, in anticipation of a comprehensive Zoning Ordinance Update subsequent to the update of the General Plan . 4. Council may reject the proposed amendments Z18-07. STAFF DOES NOT RECOMMEND THIS OPTION because it does not meet the intent of this effort to make minor cleanup edits for better comprehension and to implement state laws. FISCAL IMPACT/FUNDING SOURCE The effort to prepare the amendments is covered by the General Fund as part of the Community Development Department operational budget. PUBLIC OUTREACH On April 29, 2019 staff hosted a Developer Roundtable meeting and presented the draft changes. On May 2, 2019 staff forwarded the draft revisions to staff of the Gilroy Economic Development Corporation, the Gilroy Chamber of Commerce and the Downtown Gilroy Business Association. In response to some of the feedback received , additional edits were included, such as clarifying that retail drive-through uses may be allowed in commercial zones. In addition, the Planning Commission public hearing packets are available through the City’s webpage. As required by law separate notices of the Planning Commission meeting and City Council meeting were advertised in The Gilroy Dispatch (no less than 10 days prior to the meetings). Given that the amendments apply city-wide a separate mailed notice to property owners was not required. 8.D Packet Pg. 160 City of Gilroy STAFF REPORT Agenda Item Title: Consideration of Adding an Addendum for the Downtown Commercial Corridor to the City of Gilroy's Comprehensive Fee Schedule Charged by all Departments of the City Meeting Date: August 5, 2019 From: Gabriel Gonzalez, City Administrator Department: Administration Submitted By: Gabriel Gonzalez Prepared By: Gabriel Gonzalez Trevin Barber Strategic Plan Goals ☐ Fiscal Stability  Downtown Revitalization  Economic Development ☐ Neighborhood Services ☐ Enhanced Public Safety ☐ Workforce Stability ☐ Public Engagement RECOMMENDATION Motion to continue the public hearing to the August 19, 2019 regular meeting. EXECUTIVE SUMMARY It is recommended that the Council continued this item to the August 19, 2019 City Council Meeting. The Council may open the public hearing, take public comment, and leave the public hearing open until this continued date. The agenda item will provide the City Council the opportunity to implement the Downtown Commercial Corridor Development Incentive Program by adopting an addendum to the City’s Comprehensive Fee Schedule, resetting certain processing fees to the amounts reflected in the Economic Incentive Policy. The Downtown Commercial 8.E Packet Pg. 161 Corridor Development Incentive Program was reported on in length during the July 1 st 2019 City Council Meeting. This item tonight is a follow-up with much less detail. More information will also be provided during the August 19, 2019 City Council Meeting. BACKGROUND The City Council has provided direction for staff to pursue a variety of economic development related activities, update the economic incentive policy, and, in a broader view, expressed an interest in expanding the City's overall economic development role.  On February 19, 2019 Council provided direction to develop some pilot programs to spur investment in the City of Gilroy and key commercial corridors, as identified in the Place-Based Economic Development Strategy.  On June 17, 2019 Council reviewed the details of the amendments and gave preliminary approval. Council requested staff to bring the policy amendments back for final approval.  On July 1, 2019 Council took action approving an update to the existing Economic Incentive Policy. The update amended the Economic Incentive Policy as follows: a.) Reduced the barriers to apply for the impact fee deferral program b.) Expanded the types of businesses that may apply for incentives, such as auto dealers c.) Incorporated the Government Finance Officers Association’s accountability framework d.) Added the Downtown Commercial Corridor Development Incentive Program ALTERNATIVES The basic alternatives exist: 1. Proceed with the status quo. Make no alterations to the Fee Schedule. STAFF DOES NOT RECOMMEND THIS ALTERNATIVE because it will prevent the City from implementing the new Economic Incentive Policy and hinder the City Council’s efforts in pursuing the Revitalization of Downtown. 2. Adopt the resolution. STAFF RECOMMENDS THIS ALTERNATIVE to help Council implement the Economic Incentive Policy and the Strategic Goals of Revitalizing Downtown and Focusing on Revenue Driven Economic Development FISCAL IMPACT/FUNDING SOURCE The adoption of the fee amendment will result in a reduction to Community Development revenue and will be backfilled from other General Fund revenues. The other revenues are budgeted to fund other departments’ programs and/or projects in the FY20 and FY21 adopted budgets. 8.E Packet Pg. 162 NEXT STEPS After adoption, the fee schedule will be updated and the downtown will have revised processing fees. Since the adoption of the fee schedule is a part of implementing the Economic Incentive Policy, the Communications and Engagement Manger will help communicate the updated fees along with the incentive policy to Gilroy’s Downton business community. Besides outreach and marketing, the Administration and Community Development Departments will also train staff to accurately explain the revised fees and the incentive program so that on first contact with a customer everyone is given the same message and is aware of the available incentives. This will become a part of the One-Stop Development Services Center framework for enhanced customer service. As soon as it is feasible, the Deputy City Administrator for Economic Development will be responsible for policy implementation and monitoring, including quarterly updates. PUBLIC OUTREACH The City Administration staff met with representatives from the key stakeholder organizations: Gilroy Downtown Business Association, Chamber of Commer ce, and Economic Development Corporation. The item for tonight’s meeting was listed in the agenda and advertised. 8.E Packet Pg. 163 City of Gilroy STAFF REPORT Agenda Item Title: Appointment to Open Seats on the Library Bond Oversight Committee and Community and Neighborhood Revitalization Committee Meeting Date: August 5, 2019 From: Gabriel Gonzalez, City Administrator Department: City Clerk Submitted By: Shawna Freels Prepared By: Shawna Freels Suzanne Guzzetta Strategic Plan Goals ☐ Fiscal Stability ☐ Downtown Revitalization ☐ Economic Development ☐ Neighborhood Services ☐ Enhanced Public Safety ☐ Workforce Stability ☐ Public Engagement RECOMMENDATION a) Appoint a community member at-large to the Library Bond Oversight Committee. b) Appoint a member to the Community and Neighborhood Revitalization Committee to a term ending December 31, 2020. BACKGROUND The seven (7) member Library Bond Oversight Committee monitors the plans and expenditures related to construction of the new library facility to ensure that funds are spent in accordance with Measure F. The Committee is comprised of 4 members from the community at-large, 1 member from the Library Commission and 2 members from the Measure F Committee. A recruitment effort was opened May 6, 2019 to fill a vacant community member at- 9.A Packet Pg. 164 large seat on the Library Bond Oversight Committee. Two applications have been submitted and an interview session was held earlier during the meeting. The Community & Neighborhood Revitalization Committee consists of seven (7) members who act in an advisory capacity to the Housing and Community Development Division on matters pertaining to CDBG and HTF funding including studying the needs of the Neighborhood Revitalization Strategy, and making annual recommendations for program funding awards. A recruitment effort has been ongoing to fill one vacancy on the Community and Neighborhood Revitalization Committee. One application has been submitted. The Council is now asked to consider the appointment of a member to the following open seat. Applicants are:  Library Bond Oversight Committee – 1 seat Applicants: Todd Perkins Carissa Purnell  Community and Neighborhood Revitalization Committee – 1 seat Applicants: Jennifer Del Bono Attachments: 1. LBOC - Perkins, Todd 2. LBOC - Purnell, Carissa 3. CNRC - Del Bono, Jennifer 9.A Packet Pg. 165 Boa Nam Pho Are Phys List 31 y Rais Park Gen City GUS 2 GU Fou Pare GUS Built Coa Gilro List 31 y Rais Park Gen City GUS 2 GU Fou Pare GUS Built Coa Gilro Wha Libra My g Why I am oppo rd/Committ me: Tod ne number you a regis sical Addre t your qual years active sed 4 childr k Commiss neral Plan U of Gilroy G SD Account USD schoo nding mem ent Club Pr SD Rod Ke t and maint ached Gilroy oy library ca t any servic years active sed 4 childr k Commiss neral Plan U of Gilroy G SD Superin USD schoo nding mem ent Club Pr SD Rod Ke t and maint ached Gilroy oy Garlic Fe at are your ary Bond O goal is to as y are you t m committed ortunity to c for tee/Commis dd Perkins r(s): pointment nced Growt mputer lab y including ty Task Fo nced Growt mputer lab booth coord g on this Bo e and benef serve on t ntaining exc Gilroy App ee and Co Library B address*: Yes t: h any prior rce h dinator oard/Comm fit to the Gil this Board/ cellence in plication ommissio Bond Overs his Library mittee? looking for 6/5/2019 10 bond. r an 31:56 AM9.A.a Packet Pg. 166 Attachment: LBOC - Perkins, Todd (2353 : Appointments to CNRC and Library Bond Committee) All Commission, Board and Committee applications are a public record Mail or email your application to: Shawna Freels, City Clerk City of Gilroy 7351 Rosanna Street, Gilroy, CA 95020 shawna.freels@ci.gilroy.ca.us The City of Gilroy accepts applications at any time and will keep them on file for one year. 9.A.a Packet Pg. 167 Attachment: LBOC - Perkins, Todd (2353 : Appointments to CNRC and Library Bond Committee) Boa Nam Pho Are Phys List 10+ Mas Spe Curr Calif Ame List I hav to G the E Salin repr the D Wha I hav syst be o need Why Libra com over pres advo rd/Committ me: Ca ne number you a regis sical Addre t your qual Years Libr sters Degre cial Library rently Work fornia Libra erican Libra t any servic ve worked Gilroy this pa Ethnic Stud nas in a va resent our A Director of at are your ve experien tems. I am g of service in d. y are you t aries are on mmunity spa r a decade senting this ocacy in ou All C M The City for tee/Commis rissa Purne r(s): pointment c, academic ation Scienc oe Ann Clifto Literacy (A Presenter a Member y including nity for ove ed in Acade rkeley, and m circulation or our Asse centers for g on this Bo ollection dev d to a comm facilities, a serve on t mocratic ins eserving th ust that. I a ut the role o and Comm ication to: pplications a Gilroy App ee and Co Library B address*: Yes t: c) ce (2009) on Student lisal Union and Membe any prior er a decade emic Collect public libra n, to refere embly mem r the Alisal U oard/Comm velopment, munity with and program this Board/ stitutions tha eir relevanc m active in of libraries to mittee appl Sha City 735 sha at any time plication ommissio Bond Overs ystem and een Library ta Cruz, an I currently elegate, an ades in libra nd would lo ith commun mittee? resent a saf mpact and h tions and w cial justice c record k lroy, CA 95 ca.us n file for one 7/9/2019 9 moved y and d y d am ary ove to nity fe have will be 5020 e year. 45:09 AM9.A.b Packet Pg. 168 Attachment: LBOC - Purnell, Carissa (2353 : Appointments to CNRC and Library Bond Committee) City of Gilroy Application for Board, Committee and Commission Appointment Board/Committee/Commission of Interest: Community & Neighborhood Revitalization Committee Name: Jennifer Del Bono Phone number(s): email address*: Are you a registered voter within the City limits? Yes Physical Address*: List your qualifications for this appointment: I've served in a leadership role within the Gilroy Unified School District and have supported a number of programs which directly worked to improve our community. I'm a caring community member and a parent of an 11 year old daughter. I'm a vested member of the community who has served on committees, attended city council meetings and have worked towards improving our community. List any service to the community including any prior appointments: Gilroy Gang Task Force Gilroy Youth Task Force South County Suicide Prevention Task Force South County United For Health member Non-profit founder, The Gilroy Way Gilroy Sunrise Rotary What are your goals while serving on this Board/Commission/Committee?: My goals would be to ensure that Gilroy is able to leverage existing partnerships to improve our community and all neighborhoods so all Gilroyans can thrive. Using an asset-based approach, I want to ensure that Gilroy develops it's potential as a center of health and beauty, Why are you the most qualified to serve on this Board/Commission/Committee? I'm currently the Director of Safe and Healthy Schools for the Santa Clara County Office of Education. I have access to a wealthy of resources and partnerships to support the goals of the commission. All Commission, Board and Committee applications are a public record Mail or email your application to: Shawna Freels, City Clerk City of Gilroy 7351 Rosanna Street, Gilroy, CA 95020 shawna.freels@ci.gilroy.ca.us The City of Gilroy accepts applications at any time and will keep them on file for one year. 7/23/2019 8:22:27 PM9.A.c Packet Pg. 169 Attachment: CNRC - Del Bono, Jennifer (2353 : Appointments to CNRC and Library Bond Committee) City of Gilroy STAFF REPORT Agenda Item Title: Adoption of a Resolution of the City Council of the City of Gilroy Supporting the Miller Red Barn Association’s Application for a County of Santa Clara Historical Grant for Capital Improvements at the Miller Red Barn Located at Christmas Hill Park, APN 808-18- 022 Meeting Date: August 5, 2019 From: Gabriel Gonzalez, City Administrator Department: Administration Submitted By: Gabriel Gonzalez Prepared By: Gabriel Gonzalez Trevin Barber 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 approving the use of City- owned property for the proposed capital improvement project in support of the Miller Red Barn Association’s application for a County of Santa Clara historic grant . EXECUTIVE SUMMARY The Miller Red Barn Association (the Association) and the City of Gilroy (the City) have an executed and outstanding, financially non-binding, Memorandum of Understanding approving the Association’s use of the Miller Red Barn Site (Project Site). 10.A Packet Pg. 170 In June of 2019 the Association approached the City and expressed a desire to apply for the County of Santa Clara’s Historic Grant Program and asked for the City’s support. They intend to use the potential grant to develop the Project Site. The Historic Grant Program procedures, as revised on June 4, 2019, require the City to adopt a Resolution establishing as a matter of record that the City supports their long- term use of the Project Site. BACKGROUND In the late 1800’s until his death in 1916, Gilroy was home to Henry Miller, the largest landowner and cattle baron of his age. In 1891, Henry Miller built a barn on the property now known as the Ranch Side of Christmas Hill Park. Its purpose was for local hay storage for his cattle and horses then in later years for processing stone fruit grown on Miller’s property. In 2014 the City recognized that in its dilapidated condition the structure may pose a health and safety risk to visitors to the Christmas Hill Park. The City considered demolishing the red barn. The Association stepped in to save the structure. At that time a memorandum of understanding was established with the Association to provide them the opportunity to restore the Miller Red Barn at Christmas Hill Park’s Ranch Site, in lieu of the City demolishing it. In 2016, through the hard work of the Association’s volunteers, the barn received designation as a State Historical Landmark. Once the State Historical Landmark designation the Miller Red Barn Association was received, the MRBA volunteers were able to apply and receive a National Historical Landmark designation. In 2018 the association was working toward obtaining a grant to install a foundation around the barn. One of the grant requirements was that the Miller Red Barn should have a designation of “Locally Historic Significance” (in addition to the State and National designation the structure has already received).  At its February 21, 2018 meeting the Historic Heritage Committee recommended approval of the designation to the Planning Commission.  On April 29, 2018 the Planning Commission recommended approval of the Miller Red Barn as a building of local historic significance to the City Council.  At the June 4, 2018 City Council Meeting, the City Council adopted an ordinance approving a zone change to establish the designation of Locally Historic Significance to the Miller Red Barn, located in Christmas Hill Park, Ranch Site, 7049 Miller Avenue (APN 808-18-022). The Council also adopted a resolution approving the Miller Red Barn Association’s application for a County of Santa Clara Historical Heritage Grant. On June 4, 2019 the City met with The Miller Red Barn Association to hear their proposal for updating the existing Memorandum of Understanding between the City and 10.A Packet Pg. 171 the Association. The Association expressed a desire to apply for the County of Santa Clara’s Historic Grant Program and asked for the City’s support. They intend to use the potential grant to develop the Project Site. The Historic Grant Program is separate and different from the Historical Heritage Grant Program. While the association applied for the Historical Heritage Grant Program in 2018, they are now applying for the Historic Grant Program. The Historic Grant Program requires a new resolution by the City supporting the project. The resolution attached for tonight’s consideration is similar, if not identical, to the one passed in 2018, the only difference is the name of the grant. ALTERNATIVES Council is presented with two options: 1. Council can approve the proposed resolution approving the Miller Red Barn Association’s application for a County of Santa Clara Historic Grant. THIS ACTION IS RECOMMENDED because a restored and renovated historic site may provide a new opportunity for recreation, historical heritage, and tourism for the community. 2. The Council can choose to not adopt the proposed resolution. If this option is chosen, the Miller Red Barn Committee will not qualify for the grant to fund the cost of renovations. THIS ACTION IS NOT RECOMMENDED. FISCAL IMPACT/FUNDING SOURCE Significant time has been spent over the past couple years to assist the Miller Red Barn Association with the various historic designations. Staff involvement has occurred at the Community Development and Public Works Director, Planning Manager, City Engineer and Senior Planner levels. More recently the City Administrator’s Office has also been involved. The City Council may recognize the partnership effort, whereby the volunteers of the Miller Red Barn Association have taken the lead to create the background documentation and efforts to secure historic designation at the Federal and State levels. While the City has not received monetary compensation for processing this request, the City will receive recognition from the historic designation of the Miller Red Barn. A fully restored and renovated historical site, similar to the tone and tenor of Emma Prusch Farm Regional Park, may provide a new opportunity for recreation, historical heritage, and tourism for the community. NEXT STEPS If approved, the Miller Red Barn Association will proceed with th eir plan to apply for the County of Santa Clara’s Historic Grant Program and work with the City Administrator to execute agreements. 10.A Packet Pg. 172 In the future, City staff may present to the City Council a lease of the site to the Miller Red Barn Association to delineate roles and manage risk. When funds are secured and agreements are executed, the Miller Red Barn Association will begin reconstruction efforts. Attachments: 1. Resolution 2019-_County Historic Grant Property Owner Approval - Red Barn 10.A Packet Pg. 173 4826-8473-3595v2 CCHU\04706083 4826-8473-3595v3 \ 4826-8473-3595v4 \ RESOLUTION NO. 2019-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING THE USE OF CITY-OWNED PROPERTY FOR THE PROPOSED CAPITAL IMPROVEMENT PROJECT IN SUPPORT OF THE MILLER RED BARN ASSOCIATION’S APPLICATION FOR A COUNTY OF SANTA CLARA HISTORIC GRANT WHEREAS, the County of Santa Clara (“County”) has established the Historic Grant Program to acknowledge and celebrate untold perspectives of underrepresented communities within Santa Clara County (“Grant Program”), which the County funds; and, WHEREAS, the Miller Red Barn Association (“applicant”) proposes that the County award Grant Program funds for the rehabilitation of the Miller Red Barn (“Project”) located in the Christmas Hill Park (APN 808-18-022), at 7049 Miller Avenue in Gilroy, California 95020 (“Park”); and WHEREAS, the County requires that the property on which the grant-funded project is located be continually used for park purposes for a minimum of 20 years and be open to all Santa Clara County residents on a non-discriminatory basis; and WHEREAS, the City of Gilroy (“Owner”) has reviewed the proposed Project and hereby provides all required approvals for the Project in the Park, including but not limited to, any licenses, permits, environmental review or operational agreements required prior to authorizing construction; and WHEREAS, to provide additional assurance as to compliance with the Grant Program requirements, the County requires that the Owner execute the Grant Program funding agreement; NOW, THEREFORE, BE IT RESOLVED that the City of Gilroy hereby makes the following determinations: 1. The Project is located on land that will be continually used a for park purposes for a minimum of 20 years and, subject to Constitutional or Charter limits on 10.A.a Packet Pg. 174 Attachment: Resolution 2019-_County Historic Grant Property Owner Approval - Red Barn [Revision 2] (2323 : Miller Red Barn) RESOLUTION NO. 2019-XX 4826-8473-3595v4 \ appropriations for future years, will be open to all Santa Clara County residents on a non-discriminatory basis; and 2. The City of Gilroy has reviewed the proposed Project and hereby provides all required approvals for the Project in the Park, including but not limited to, any licenses, permits, environmental review or operational agreements required prior to authorizing construction; and 3. Miller Red Barn Association, or designee, is hereby delegated authority to sign the grant application and execute the grant agreement on the Owner’s behalf. BE IT FURTHER RESOLVED that the City of Gilroy hereby approves of Miller Red Barn Association’s application for County’s Grant Program funds for the rehabilitation of the Miller Red Barn in Christmas Hill Park. PASSED AND ADOPTED this 5th day of August, 2019 by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: APPROVED: Roland Velasco, Mayor ATTEST: Shawna Freels, City Clerk 10.A.a Packet Pg. 175 Attachment: Resolution 2019-_County Historic Grant Property Owner Approval - Red Barn [Revision 2] (2323 : Miller Red Barn) City of Gilroy STAFF REPORT Agenda Item Title: Approval of Memorandums of Understanding With AFSCME, Local 101 General Unit and AFSCME, Local 101 Supervisory Unit and Related Salary Schedules for the Period July 1, 2019 Through June 30, 2021 Meeting Date: August 5, 2019 From: Gabriel Gonzalez, 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 a) Approve the Memorandums of Understanding with AFSCME, Local 101 General Unit and AFSCME, Local 101 Supervisory Unit for the period July 1, 2019 - June 30, 2021. b) Adopt a Resolution of the City Council of the City of Gilroy approving the July 1, 2019 and July 1, 2020 salary schedules associated with the AFSCME, Local 101 General unit. c) Adopt a Resolution of the City Council of the City of Gilroy approving the July 1, 2019 and July 1, 2020 salary schedules associated with the AFSCME, Local 101 Supervisory unit. EXECUTIVE SUMMARY 10.B Packet Pg. 176  The City of Gilroy is a public employer.  As such, and consistent with the Meyers-Milias-Brown Act (MMBA), the City engages in a collective bargaining process with represented employees through bargaining units. The process typically occurs over a three to four month period before the expiration of the existing labor contract.  City employees (except executives and certain others) are organized into five different bargaining units and are represented by unions.  The product of the collective bargaining process is an MOU (“memorandum of understanding” or “Memoranda” for plural). MOUs specify the terms and conditions of employment.  AFSCME, Local 101 has two bargaining units with the City of Gilroy, a General Employee Unit and a Supervisory Employee Unit.  The agenda item tonight is to review and approve the MOUs for the two AFSCME, Local 101 bargaining groups for the next two fiscal years, FY20 and FY21. BACKGROUND Staff concluded negotiations with AFL-CIO, AFSCME, Local 101 General and Supervisory groups (approximately 120 members) for successor Memoranda of Understanding (MOUs) including salary schedules for the time period of July 1, 2019 – June 30, 2021, in conformance with Council direction. Final copies of the MOUs and the corresponding salary schedules are attached for Council’s review and approval. Staff worked with bargaining team members to prepare the changes to the MOU documents. The final draft of the MOU has been reviewed by representatives of the bargaining unit and a designated representative from the negotiating team has signed -off on the final document. The remaining members of the AFSCME negotiations team and the City negotiating team will sign the document following Council approval. The main areas of change for the AFSMCE, Local 01 General and Supervisory Unit MOUs are summarized below:  Two year contracts (July 1, 2019 – June 30, 2021)  Salary increases as follows:  3% salary increase effective July 1, 2019  3% salary increase effective July 1, 2020  Continue the current cost share program for health care  In FY21, implement city contribution of $30 per employee per month to a city deferred compensation plan  Minor increases to Public Works field employees uniform and safety boot purchases 10.B Packet Pg. 177  Re-establish uniform allowance for Deputy Fire Marshal; uniform provided for FY20; uniform allowance to begin FY21  Minor increase to Code Enforcement safety boot purchases  Implement shift differential for parks maintenance employees regularly assigned to work on Saturday and/or Sunday as part of the employee’s weekly work schedule; $75 per month for one weekend shift per week or $150 per month for two wee kend shifts per week  Other minor clean-up/clarification language to update MOU – no cost associated with these updates FISCAL IMPACT The FY20 cost for the new MOU changes is estimated to be approximately:  $418,899 (approximately $226,000 is General Fund) The FY21 cost for the new MOU changes is estimated to be approximately:  $520,401 (approximately $281,800 is General Fund) The majority of these costs were included in the FY20 and FY21 adopted budget. At this time, it is anticipated that any remaining costs can be absorbed within the current appropriation level. Attachments: 1. AFSCME General Unit MOU 2. AFSCME Supervisory Unit MOU 3. AFSCME General Unit Salary Resolution and Schedules 4. AFSCME Supervisory Unit Salary Resolution and Salary Schedules 10.B Packet Pg. 178 10.B.a Packet Pg. 179 Attachment: AFSCME General Unit MOU (2340 : AFSCME, Local 101 MOU and Salary Schedules) 10.B.a Packet Pg. 180 Attachment: AFSCME General Unit MOU (2340 : AFSCME, Local 101 MOU and Salary Schedules) 10.B.a Packet Pg. 181 Attachment: AFSCME General Unit MOU (2340 : AFSCME, Local 101 MOU and Salary Schedules) 10.B.a Packet Pg. 182 Attachment: AFSCME General Unit MOU (2340 : AFSCME, Local 101 MOU and Salary Schedules) 10.B.a Packet Pg. 183 Attachment: AFSCME General Unit MOU (2340 : AFSCME, Local 101 MOU and Salary Schedules) 10.B.a Packet Pg. 184 Attachment: AFSCME General Unit MOU (2340 : AFSCME, Local 101 MOU and Salary Schedules) 10.B.a Packet Pg. 185 Attachment: AFSCME General Unit MOU (2340 : AFSCME, Local 101 MOU and Salary Schedules) 10.B.a Packet Pg. 186 Attachment: AFSCME General Unit MOU (2340 : AFSCME, Local 101 MOU and Salary Schedules) 10.B.a Packet Pg. 187 Attachment: 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Schedules) 10.B.b Packet Pg. 250 Attachment: AFSCME Supervisory Unit MOU (2340 : AFSCME, Local 101 MOU and Salary Schedules) 10.B.b Packet Pg. 251 Attachment: AFSCME Supervisory Unit MOU (2340 : AFSCME, Local 101 MOU and Salary Schedules) 10.B.b Packet Pg. 252 Attachment: AFSCME Supervisory Unit MOU (2340 : AFSCME, Local 101 MOU and Salary Schedules) 10.B.b Packet Pg. 253 Attachment: AFSCME Supervisory Unit MOU (2340 : AFSCME, Local 101 MOU and Salary Schedules) 10.B.b Packet Pg. 254 Attachment: AFSCME Supervisory Unit MOU (2340 : AFSCME, Local 101 MOU and Salary Schedules) 10.B.c Packet Pg. 255 Attachment: AFSCME General Unit Salary Resolution and Schedules (2340 : AFSCME, Local 101 MOU and Salary Schedules) 10.B.c Packet Pg. 256 Attachment: AFSCME General Unit Salary Resolution and Schedules (2340 : AFSCME, Local 101 MOU and Salary Schedules) 10.B.c Packet Pg. 257 Attachment: AFSCME General Unit Salary Resolution and Schedules (2340 : AFSCME, Local 101 MOU and Salary Schedules) 10.B.c Packet Pg. 258 Attachment: AFSCME General Unit Salary Resolution and Schedules (2340 : AFSCME, Local 101 MOU and Salary Schedules) 10.B.c Packet Pg. 259 Attachment: AFSCME General Unit Salary Resolution and Schedules (2340 : AFSCME, Local 101 MOU and Salary Schedules) 10.B.c Packet Pg. 260 Attachment: AFSCME General Unit Salary Resolution and Schedules (2340 : AFSCME, Local 101 MOU and Salary Schedules) 10.B.c Packet Pg. 261 Attachment: AFSCME General Unit Salary Resolution and Schedules (2340 : AFSCME, Local 101 MOU and Salary Schedules) 10.B.c Packet Pg. 262 Attachment: AFSCME General Unit Salary Resolution and Schedules (2340 : AFSCME, Local 101 MOU and Salary Schedules) 10.B.c Packet Pg. 263 Attachment: AFSCME General Unit Salary Resolution and Schedules (2340 : AFSCME, Local 101 MOU and Salary Schedules) 10.B.d Packet Pg. 264 Attachment: AFSCME Supervisory Unit Salary Resolution and Salary Schedules (2340 : AFSCME, Local 101 MOU and Salary Schedules) 10.B.d Packet Pg. 265 Attachment: AFSCME Supervisory Unit Salary Resolution and Salary Schedules (2340 : AFSCME, Local 101 MOU and Salary Schedules) 10.B.d Packet Pg. 266 Attachment: AFSCME Supervisory Unit Salary Resolution and Salary Schedules (2340 : AFSCME, Local 101 MOU and Salary Schedules) City of Gilroy STAFF REPORT Agenda Item Title: Approval of a Salary and Benefit Increase for City Administrator Gabriel A. Gonzalez Effective April 1, 2019 Meeting Date: August 5, 2019 From: Gabriel Gonzalez, City Administrator Department: City Council Submitted By: Mayor Roland Velasco Prepared By: Mayor Roland Velasco LeeAnn McPhillips Strategic Plan Goals ☐ Fiscal Stability ☐ Downtown Revitalization ☐ Economic Development ☐ Neighborhood Services ☐ Enhanced Public Safety ☐ Workforce Stability ☐ Public Engagement RECOMMENDATION Approve the City Administrator’s compensation package increase effective April 1, 2019 with a 5% market equity adjustment to $238,493 annually, a 3% performance increase to $245,648 annually, and an increase vacation accrual from three to four weeks per year. EXECUTIVE SUMMARY The City Council Sub-Committee (Mayor Velasco, Council Member Tovar, and Council Member Tucker) is recommending compensation increases for the City Administrator effective retro-active to April 1, 2019 as follows: A 5% market equity increase 10.C Packet Pg. 267 A 3% performance/merit increase Increase in vacation accrual from three weeks per year to four weeks per year The justification for the market equity increase is based upon a compensation survey of twelve comparable agencies which indicates the cash compensation package for the City Administrator classification is approximately 9.5% below the market average. This adjustment will bring the compensation within the +-5% range which is the best practice the City of Gilroy strives to achieve when possible. Further, based upon the job performance of the City Administrator, including achievement of designated organizational goals and objectives, it is recommended that the City Administrator receive a 3% performance/merit based salary increase. While the two combined increases will still result in the cash compensation package being below the market average by about 1.5%, the changes will bring the compensation to a competitive range for the position of City Administrator. Finally, most City Administrators/City Managers, especially those with the years of local government city management experience similar to Gilroy’s City Administrator, receive at least four weeks of vacation per year. Therefore, the change in vacation accrual will bring this benefit to a more comparable level. Compensation Description Annual Compensation Amount Current annual City Administrator salary 227,136$ 5% market equity increase, effective 4/1/19 11,357$ 3% performance/merit increase, effective 4/1/19 7,155$ Annual salary, effective 4/1/19 245,648$ FISCAL IMPACT The salary cost associated with this increase is $18,512 annually. The total annual cost (including salary and salary-related benefits) is approximately $19,438. Due to the City Administrator falling under the Public Employee Pension Reform Act (PEPRA), the compensation increase is not PERSable due to the compensation limits set by the CA Government Code. The additional one week of vacation has a value of approximately $4,724 though does not convert to cash unless the City Administrator separates employment. The compensation increases noted above are allocated to the General Fund and funds are available in the FY 20 and FY 21 bu dgets to cover this cost. 10.C Packet Pg. 268 City of Gilroy STAFF REPORT Agenda Item Title: Presentation of the Proposed Use of Small Unmanned Aerial Systems in Public Safety (continued from June 17, 2019 and July 1, 2019) Meeting Date: August 5, 2019 From: Gabriel Gonzalez, 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 Receive report and provide direction to staff. EXECUTIVE SUMMARY The use of small unmanned aerial systems (sUAS) has become increasingly useful for public safety agencies to aid in the mitigation of crime, search and rescue, and crime scene assessment and reconstruction. Technological advances have made it a powerful tool that provides beneficial advantages in safety and efficiency. The primary advantages of the sUAS include:  The sUAS enhance officer safety with aerial support during tactical operations. 11.A Packet Pg. 269  Continuous sight on a suspect provides our officers the confidence that they could put resident’s safety first and still be able to capture the suspect  The sUAS are a force multiplier and create a high-risk environment for criminals  The sUAS have a considerable price below that of any other aerial system.  Encrypted footage from crime scenes has evidentiary value and is readily available at no extra cost, unlike a subpoena for a pilot or witness  It also provides a public safety service by protecting lives and property when existing resources are not available or less effective. This report will provide an overview of the benefits to acquiring an unmanned aerial system to assist police personnel in public safety operations and to provide a review of the Federal Aviation Administration (FAA) registration options. BACKGROUND An unmanned aircraft system defined by statute “as an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft” (Public Law 112-95, Section 331(8)). The use of such sUAS systems by public safety agencies has been increasing and reports by those agencies indicate a favorable response in the benefit to their public safety activities. The Gilroy Police Department would like to acquire a small unmanned aerial system as a standalone unit with a robust camera featuring 4K ultra HD thermal imagery and vision enhancement technology. This camera option includes the ability to pro vide 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. The sUAS offers real-time situational awareness allowing the asset to be “eyes” first on scene during critical incidents and immediately and continuously provide live video feed to ground personnel. We would use the sUAS in the capacity of public safety missions, training operations, demonstrations, and in support of other city departments. Currently the only aerial support available in the County is through the San Jose Police Department and the Santa Clara County Sheriff’s Department. Both agencies have very limited flight schedules and are unavailable most of the time. ANALYSIS The Police Department recognizes the value a sUAS will have on enhancing public safety efforts by allowing trained personnel to deploy the unit, support officers in crime suppression efforts, and provide aerial support during tactical police operations. The intent of the Department is to utilize the sUAS during the following types of operational situations: 11.A Packet Pg. 270 Critical incident events Accident investigations Supporting criminal investigations (e.g. search/arrest warrants) Disaster management Search and rescue operations Perimeter searches and security Hostage situations and barricaded subjects Crowd control assessment Routine training evaluations: SWAT, EVOC, K-9, etc. The sUAS could also provide interdepartmental support for infrastructure inspections. Some potential examples would include Fire Prevention inspections of restaurant rooftop hood and duct systems where grease accumulates and could potentially ignite a fire. A sUAS can assist personnel in facilitating visual access to the rooftops to inspect cooking systems more expeditiously while providing the inspector, who remains on the ground, with 4K HD imagery of the rooftop hood and duct systems. During weed abatement season, the sUAS would allow for the inspection of large acreage parcels to ensure compliance of firebreaks and defensible space around large structures. The benefits of using the sUAS to perform inspections while transmitting video footage to personnel increases staff efficiency by reducing the health and safety risks of employees during inspections on unstable terrain, elevated exteriors, and slippery surfaces. Aerial capabilities could be provided to the Fire Department during large-scale disasters such as flooding, earthquakes, and wild land or structure fires. This would facilitate enhanced response times while minimizing safety risks to fire personnel. sUAS would improve the overall situational awareness for incident command staff on almost any large-scale incident in the city. The use of sUAS has become increasingly useful for law enforcement agencies; many agencies have more than one unit in their equipment inventory. As of 2017at least 910 public safety agencies operate a sUAS program and 58 of those agencies are located in California. sUAS are a cost effective option over manned aircraft, can deploy quicker in emergencies, and can fly lower than traditional aircraft. One of the key benefits of sUAS is the availability of the unit for immediate public safety needs. As a local asset, the sUAS may be deployed by the City of Gilroy at any time to assist officers and/or additional emergency personnel, such as Fire Department and natural disaster crews. The Federal Aviation Administration regulations provide two legal frameworks that public safety agencies can select for registration and use of the small unmanned systems. One option is to operate under Code of Federal Regulation 14 (Part 107). The second option is to obtain a certificate of authorization (COA) under section 333. 11.A Packet Pg. 271 Obtaining a COA under section 333 was previously the only option for public safety agencies to operate sUAS and required a long and complicated process to obtain a certificate. Once an agency obtains a COA there is more flexibility in operating within restricted airspace, however agencies are required to submit monthly reports to the FAA and file Notice of Airman’s (NOTAMs) for each mission. In August 2016, the FAA launched a new set of regulations known as Part 107. These were the FAA’s first official rules governing the commercial and public safety use of small unmanned aerial systems. Part 107 requires operators to obtain a remote pilot certificate by passing a knowledge-based test at an FAA approved testing center. Once a pilot successfully receives remote pilot certification, they can fly within Part 107 guidelines. Part 107 guidelines include operating below 400’ above ground level, within visual line of sight and during daylight hours. Currently, certified operators can ap ply for exemptions from Part 107 rules for any critical public safety missions through an online portal on a case-by-case basis, pursuant to the Special Government Interest (SGI) amendment process. The City of Gilroy lies beneath Class E (restricted) airspace which is above 700’ and Class G (unrestricted) airspace below 700’. Because Part 107 only allows sUAS to operate below 400’ deployments conducted in the City limits would not require airspace waivers as they will be flown within Class G (unrestricted) airspace. Based on the type of airspace over the City of Gilroy, the types of expected missions, and through direction from FAA officials, it is the intention of the Police Department to operate under the Part 107 regulation. Currently, four Gilroy Police Officers have been certified as Part 107 remote pilots. The option of applying for a COA under section 333 remains an option in the future should a need arise. The FAA has recently proposed changes to the current sUAS rules to include allowing the unit to fly over people and allowing operators to launch the unit during nighttime hours. Allowing the sUAS to fly over people will facilitate police personnel to better assess critical and dangerous circumstances, such as active shooter situations. Police personnel will continue to monitor the outcome of the FAA’s proposed regulations. ALTERNATIVES 1. Direct staff to submit a comprehensive sUAS report that includes operational policies, guidelines and FAA information in support of starting a sUAS program. STAFF RECOMMENDS THIS ALTERNATIVE 2. Direct staff to continue reliance on allied agencies for aerial support when available. STAFF DOES NOT RECOMMEND THIS ALTERNATIVE due to the unreliability and very limited deployment schedule. FISCAL IMPACT 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- 11.A Packet Pg. 272 $20,000 each. Other future expenses may include mapping, accident and crime reconstruction software. Training of police personnel will be absorbed into the current training budget. PUBLIC OUTREACH The Police Department will conduct a public engagement campaign in partnership with the City’s Community Communications and Engagement Manager. Information will be shared via our digital media platforms and community meetings will be scheduled to interact with our residents to answer questions and explain the proposed program. The Department wants to be very transparent about when a sUAS could be used and when they would not be used. CONCLUSION Acquiring a sUAS to support police personnel in law enforcement efforts is a valuable safety tool that will provide an alternative to unnecessarily exposing officers to physical dangers while minimizing danger to the public. The sUAS is an additional asset for both police officers and other City Departments for use during emergency and developing situations. 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. NEXT STEPS With Council approval the Police Department will begin development of the sUAS program to include:  Operational policies and guidelines  Community engagement outreach  Comprehensive training program  Data retention policy  Federal Aviation Administration registration  Confirmation of Police Foundation donation  Remote pilot license certifications Once completed staff will present another report to Council requesting approval to implement the sUAS program. Attachments: 1. 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