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10/07/2019 City Council - Regular Meeting Packet
October 21, 2019 1:25 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, OCTOBER 7, 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 10/7/2019 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. Pledge of Allegiance 2. Invocation 3. City Clerk's Report on Posting the Agenda 4. Roll Call B. Orders of the Day C. Employee Introductions II. CEREMONIAL ITEMS A. Proclamations, Awards, and Presentations 1. Presentation of Safe Routes to School Awards by Santa Clara County Public Health 2. Proclamation Naming the Month of October as Planning Month 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. Planning Commission Annual Presentation to Council B. Opportunity Zone Presentation by the Downtown Business Association City Council Regular Meeting Agenda 10/7/2019 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 t o 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 10/7/2019 Page4 A. Minutes of the September 16, 2019 Regular Meeting B. Opening of the Annual Recruitment Period for Boards, Commissions and Committees With Member Terms Expiring December 31, 2019 C. Adoption of a Resolution of the City Council of the City of Gilroy to Appropriate Non-General Funds in Fiscal Year 2018-2019 in Various Non- General Funds (Special Revenue, Capital, Debt Service, and Enterprise) and Appropriating Proposed Expenditure Amendments D. Adoption of a Resolution of the City Council of the City of Gilroy Approving Fiscal Year 2018-2019 Budget Appropriation Carryovers to Amend the Fiscal Year 2019-2020 Amended Budget for Non-General Funds Including Special Revenue, Capital, Internal Service, and Enterprise Funds E. Claim of John Kalas (The City Administrator recommends a “yes” vote under the Consent Calendar shall constitute the denial of the claim) F. Claim of Alfredo Torres (The City Administrator recommends a “yes” vote under the Consent Calendar shall constitute the denial of the claim) G. Claim of Fabiola Delgado Lara (The City Administrator recommends a “yes” vote under the Consent Calendar shall constitute the denial of the claim) H. Adoption of a Resolution of the City Council of the City of Gilroy Adopting the Sewer System Management Plan for the Gilroy Sewer System in Accordance with State Water Resources Control Board Order No. 2006- 0003-DWQ I. Authorization to the City Administrator to Issue One-time Personal Leave Hours in Fiscal Year 2019-2020 for Certain City Employee Groups Due to the Garlic Incident J. Council Consent to the Appointment of Scott Golden as Information Technology Director Pursuant to Charter Section 703 K. Consideration and Direction to Gilroy's Voting Delegate to Support the 2019 League of California Cities Resolutions VII. BIDS AND PROPOSALS - NONE VIII. PUBLIC HEARINGS - NONE IX. UNFINISHED BUSINESS A. Adoption of an Ordinance of the City Council of the City of Gilroy Amending Sections of Chapter 30 of the Gilroy City Code Related to General Plan and Zoning Relationship, Definitions, Land Use Tables and Standards, Parking, Storage, RV Park Development, Non-Conforming Uses, Minor Modifications and Accessory Dwelling Unit Standards (introduced 9/9/2019 with a 6-0-1 vote; Council Member Tovar voting no) City Council Regular Meeting Agenda 10/7/2019 Page5 1. Staff Report: Greg Larson, Interim Community Development Director 2. Public Comment 3. Possible Action: Adopt an Ordinance of the City Council of the City of Gilroy amending sections of Chapter 30 of the Gilroy Code related to general plan and zoning relationship, definitions, land use tables and standards, parking, storage, RV park development, non-conforming uses, minor modifications and accessory dwelling unit standards. B. Approval of an Amendment to Property Improvement Agreement No. 2015 - 06 for Harvest Park Phase II - Tract 10276; APN 790-06-044 1. Staff Report: Gary Heap, City Engineer/Transportation Engineer 2. Public Comment 3. Possible Action: Approve an Amendment to Property Improvement Agreement No. 2015-06 for Harvest Park Phase II - Tract 10276; APN 790-06-044. C. Appointment of Five Members to the Youth Commission With Terms Ending September 30, 2021 1. Staff Report: Shawna Freels, City Clerk 2. Public Comment 3. Possible Action: Appoint five Youth Commission members to terms ending September 30, 2021. X. INTRODUCTION OF NEW BUSINESS A. Consider Modifications to the Temporary Use Permit Provisions Under City Code Chapter 30 Article 47 of the Zoning Ordinance Entitled "Temporary Uses" 1. Staff Report: Greg Larson, Interim Community Development Director 2. Public Comment 3. Possible Action: Receive report and provide direction to staff Adjourn to the Meeting of the Gilroy Public Facilities Financing Authority XI. GILROY PUBLIC FACILITIES FINANCING AUTHORITY BOARD OF DIRECTORS Roll Call of the Board of Directors A. A Resolution of the Board of Directors of the Gilroy Public Facilities Financing Authority Establishing Regular Meetings City Council Regular Meeting Agenda 10/7/2019 Page6 1. Staff Report: Jimmy Forbis, Finance Director 2. Public Comment 3. Possible Action: Adopt a Resolution of the Board of Directors of the Gilroy Public Facilities Financing Authority establishing that meetings of the Gilroy Public Financing Authority are to be held concurrently with the regular meetings of the Gilroy City Council. Adjourn to the Meeting of the Gilroy City Council XII. CITY ADMINISTRATOR'S REPORTS A. Update on Community Engagement Activities and Progress on Second Community-Wide Poll for a Potential Future Revenue Measure 1. Staff Report: Gabriel Gonzalez, City Administrator 2. Public Comment 3. Possible Action: Receive report. XIII. CITY ATTORNEY'S REPORTS XIV. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION; Paragraph (1) of Subdivision (d) of 54956.9 and Gilroy City Code Section 17A.11(3)(a); Case Name: Alma Ramirez, an individual; H.A. and L.A., both minors, as successors in interest to Hector Alvarez, deceased, by and through their guardian ad litem Alma Ramirez; vs. City of Gilroy, Adam Moon and Does 1 through 10, inclusive; Santa Clara Co. Superior Court, Case No. 17-CV- 00625-HRL, Filed February 7, 2017 B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section 54956.8 and Gilroy City Code Section 17A.8 (a) (2); Property: 7665 Crews Road, Gilroy (Van Dyke Ranch); APN 841-46-004; Negotiators: Gabriel Gonzalez, City Administrator; Other Party to Negotiations: Peter N. Van Dyke, Elizabeth A. Van Dyke, Kurt E. Van Dyke; and Eric Van Dyke; Under Negotiations: Price and Terms of Payment C. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) of Government Code Section 54956.9, and Gilroy City Code Section 17A.11 (3) (b) One (1) Case as Defendant D. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section 54956.8 and Gilroy City Code Section 17A.8 (a) (2); Property:7780 Monterey Street, Gilroy (Downtown Business Association Office), APN 841-04-020 ; Negotiators: Gabriel Gonzalez, City Administrator; Other Party to Negotiations: Jose Montes; Under Negotiations: Price and Terms of Payment E. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code Section 54957 and Gilroy City Code Section 17A.11(2); Employee Name/Title: Gabriel Gonzalez, City Administrator 1. Public Comment on Closed Session Items City Council Regular Meeting Agenda 10/7/2019 Page7 2. City Attorney’s Advice Re: Entering into Closed Session 3. 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 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 NOVEMBER, 2019 4* Regular Meeting - 6:00 p.m., City Council Chambers 18* Regular Meeting - 6:00 p.m., City Council Chambers DECEMBER, 2019 2* Regular Meeting - 6:00 p.m., City Council Chambers 9* Special Meeting/Board & Commission Interviews - 6:00 p.m., City Council Chambers * meeting is webstreamed and televised 1 City Council Meeting Minutes 09/16/2019 City of Gilroy City Council Meeting Minutes September 16, 2019 SPECIAL MEETING - INTERVIEWS 5:30 P.M. x Interviews to Fill 5 Seats on the Youth Commission With Terms Ending 9/30/2021 The Council interviewed candidates to the Youth Commission. REGULAR MEETING I. OPENING A. Call to Order The meeting was called to order at 6:10 PM by Mayor Pro Tempore Blankley 1. Pledge of Allegiance Council Member Leroe-Muñoz led the Pledge of Allegiance. 2. Invocation – None. 3. City Clerk's Report on Posting the Agenda Deputy City Clerk Guzzetta reported the agenda was posted September 11, 2019 at 5:03 p.m. Attendee Name Title Status Arrived Mayor Roland Velasco Mayor Absent Marie Blankley Council Member Present 5:17 PM Dion Bracco Council Member Present 5:16 PM Peter Leroe-Muñoz Council Member Present 5:37 PM Carol Marques Council Member Present 5:43 PM Fred Tovar Council Member Absent Cat Tucker Council Member Present 5:25 PM B. Orders of the Day There were no agenda changes. C. Employee Introductions Recreation Director De Leon introduced newly hired Recreation Leader I Leanna Rivera, Recreation Leader III Taylor Kaughman, and Recreation Leader Leo Maciel. II. CEREMONIAL ITEMS A. Proclamations, Awards, and Presentations 1. Proclamation Naming October 4, 2019 as Manufacturing Day Mayor Pro Tempore Blankley presented the proclamation to Economic Development Corporation President/CEO Tammy Brownlow. 6.A Packet Pg. 8 Communication: Minutes of the September 16, 2019 Regular Meeting (CONSENT CALENDAR (ROLL CALL VOTE)) 2 City Council Meeting Minutes 09/16/2019 III. PRESENTATIONS TO THE COUNCIL There were no public comments. A. Library Commission Annual Presentation to Council Librarian Lani Yoshimura and Library Commission Chair Reddy made the presentation. B. Presentation of Vision Plan by Gilroy Chamber of Commerce Gilroy Chamber of Commerce President/CEO Mark Turner presented the vision plan. IV. REPORTS OF COUNCIL MEMBERS Council Member Leroe-Muñoz reported that he attended the Mobility Partnership meeting the prior week with Mayor Velasco and they are close to identifying and arrangement for the Highway 25 and 101 interchange to improve traffic flow. Mayor Pro Tempore Blankley reported that she attended the San Francisco Giants game as the Mayor’s representative on September 15, 2019 for the Strike Out Violence event. V. FUTURE COUNCIL INITIATED AGENDA ITEMS There were none. VI. CONSENT CALENDAR (ROLL CALL VOTE) RESULT: APPROVE [UNANIMOUS] MOVER: Peter Leroe-Muñoz, Council Member SECONDER: Carol Marques, Council Member AYES: Blankley, Bracco, Leroe-Muñoz, Marques, Tucker ABSENT: Mayor Roland Velasco, Fred Tovar A. Approval of Notice of Acceptance of Completion for the Large Meter Replacement Project No. 18-PW-251 B. Approval of the 2020 City Council Regular Meeting Schedule C. Approval of a Funding Agreement with Santa Clara Valley Transportation Authority Through March 31, 2047 for 2016 Measure B Bicycle Pedestrian Education and Encouragement Funding D. Approval of the Declaration of 26 Vehicles and Equipment as Surplus and Authorize the Disposition of the Surplus Through Auction E. A Resolution 2019-61 of the City Council of the City of Gilroy Proclaiming the Termination of the Period of a Local Emergency for the Gilroy Garlic Festival Incident VII. BIDS AND PROPOSALS A. Approval of a Contract with Dewberry Architects Inc. in the Amount of $215,423 with a Project Contingency of $43,085 (20%) for the Design of the One Stop Development Review Center, Project No. 19-RFP-PW-429 Public Works Director Awoke presented the report. There were no public comments. 6.A Packet Pg. 9 Communication: Minutes of the September 16, 2019 Regular Meeting (CONSENT CALENDAR (ROLL CALL VOTE)) 3 City Council Meeting Minutes 09/16/2019 Possible Action: Approve a Contract with Dewberry Architects Inc. in the Amount of $215,423 with a Project Contingency of $43,085 (20%) for the Design of the One Stop Development Review Center; Project No. 19-RFP-PW-429, and authorize the City Administrator to execute the contract and associated documents. RESULT: APPROVE [UNANIMOUS] MOVER: Peter Leroe-Muñoz, Council Member SECONDER: Cat Tucker, Council Member AYES: Blankley, Bracco, Leroe-Muñoz, Marques, Tucker ABSENT: Mayor Roland Velasco, Fred Tovar B. Amendment to the Fiscal Year 2019-2020 Budget in the Amount of $177,800 and Approval of a Contract with Luhdorff & Scalmanini Consulting Engineers in the Amount of $562,145 with a Project Contingency of $56,214 (10%) for Design and Construction Engineering Services of Potable Water Well Number 9 (McCarthy Well); Project No. 19-RFP-PW-420 Public Works Director Awoke presented the report. There were no public comments. Possible Action: a) Adopt a resolution 2019-62 of the City Council of the City of Gilroy amending the Fiscal Year 2019-2020 budget for the Water Development Fund 436 increasing appropriations in the amount of $177,800. RESULT: APPROVE [UNANIMOUS] MOVER: Dion Bracco, Council Member SECONDER: Peter Leroe-Muñoz, Council Member AYES: Blankley, Bracco, Leroe-Muñoz, Marques, Tucker ABSENT: Mayor Roland Velasco, Fred Tovar Possible Action: b) Approve a contract with Luhdorff & Scalmanini Consulting Engineers in the amount of $562,145 with a project contingency of $56,214 (10%) for the design and construction engineering services for the Potable Water Well Number 9 (McCarthy Well); Project No. 19-RFP-PW-420, and authorize the City Administrator to execute the contract and associated documents. RESULT: APPROVE [UNANIMOUS] MOVER: Cat Tucker, Council Member SECONDER: Dion Bracco, Council Member AYES: Blankley, Bracco, Leroe-Muñoz, Marques, Tucker ABSENT: Mayor Roland Velasco, Fred Tovar 6.A Packet Pg. 10 Communication: Minutes of the September 16, 2019 Regular Meeting (CONSENT CALENDAR (ROLL CALL VOTE)) 4 City Council Meeting Minutes 09/16/2019 VIII. PUBLIC HEARINGS A. Public Hearing Under the Tax and Equity Fiscal Responsibility Act ("TEFRA") and the Internal Revenue Code of 1986 for the Issuance of California Municipal Finance Authority Bonds for the Benefit of Gilroy Lewis Street, L.P. to Provide Financing for the Cannery Apartments Project Interim Community Development Director Larson presented the report. Mayor Pro Tempore Blankley opened the public hearing. There was no public testimony. Mayor Pro Tempore Blankley closed the public hearing. Possible Action: Adopt the resolution 2019-63 of the City Council of the City of Gilroy approving the issuance of the Bonds by the California Municipal Finance Authority (“CMFA”) for the benefit of Meta Housing Corporation (the "Developer") a California nonprofit corporation and an organization described in Section 501(c)(3) of the Internal Revenue Code of 1986, or a subsidiary or affiliate thereof (the "Borrower"), to provide for the financing of the Project, such adoption is solely for the purposes of satisfying the requirements of TEFRA, the Code and California Government Code Section 6500. RESULT: APPROVE [UNANIMOUS] MOVER: Cat Tucker, Council Member SECONDER: Peter Leroe-Muñoz, Council Member AYES: Blankley, Bracco, Leroe-Muñoz, Marques, Tucker ABSENT: Mayor Roland Velasco, Fred Tovar IX. UNFINISHED BUSINESS A. Update on Providing City Water Service to a Property Located at 935 Southside Drive Known as the Former Site of the Rodriguez Labor Camp Deputy Director of Community Development O'Strander presented the report and provided a letter from LAFCO to the City. City Attorney Faber provided additional information. Public comment was opened. Barton Hechtman, Counsel for Christopher Ranch, spoke regarding the letter sent from LAFCO to the City. Public comment was then closed. Possible Action: Receive report and provide direction to staff. Council directed staff to continue preparing an agreement. X. INTRODUCTION OF NEW BUSINESS 6.A Packet Pg. 11 Communication: Minutes of the September 16, 2019 Regular Meeting (CONSENT CALENDAR (ROLL CALL VOTE)) 5 City Council Meeting Minutes 09/16/2019 A. Presentation of Research from Other Municipalities on the Deployment of Motorized Scooters Public Works Director Awoke introduced the item. City Engineer Heap presented the report. Public comment was opened. Zachary Hilton voiced support for the implementation of an electronic s cooter plan. Bill O'Connor expressed concerns for injuries to pedestrians and noted that scooters put pedestrians in danger. Jack Howe spoke on enforcement issues and pointed out that bikes and cars already don't comply with rules of the road. Public comment was then closed Possible Action: Receive report and provide direction to staff. Council directed staff to prepare an RFP for a trial period to be released after the first of the year. B. Policy Discussion and Direction Concerning the City's Unfunded Pension Liabilities and Establishment of a IRS Section 115 Trust Finance Director Forbis presented the report. Public comment was opened. Bill O'Connor questioned if the dollar amounts represented in the presentation are in future or current dollars. Public comment was then closed. Possible Action: Receive report and provide direction to staff. Council directed staff to return with the creation of a Section 115 Trust, and separate policy discussion on how to fund the trust and investment policy. C. Approval of Gilroy Management Association Memorandum of Understanding and Adoption of a Resolution Approving Associated Salary Schedules for the Period of July 1, 2019 Through June 30, 2021 Human Resources Director McPhillips presented the report. There were no public comments 6.A Packet Pg. 12 Communication: Minutes of the September 16, 2019 Regular Meeting (CONSENT CALENDAR (ROLL CALL VOTE)) 6 City Council Meeting Minutes 09/16/2019 Possible Action: a) Approve a Memorandum of Understanding between the City and Gilroy Management Association for the period July 1, 2019 - June 30, 2021. RESULT: APPROVE [UNANIMOUS] MOVER: Cat Tucker, Council Member SECONDER: Peter Leroe-Muñoz, Council Member AYES: Blankley, Bracco, Leroe-Muñoz, Marques, Tucker ABSENT: Mayor Roland Velasco, Fred Tovar Possible Action: b) Adopt a Resolution 2019-64 of the City Council of the City of Gilroy approving the July 1, 2019 and July 1, 2020 salary schedules associated with the Gilroy Management Association Memorandum of Understanding. RESULT: APPROVE [UNANIMOUS] MOVER: Cat Tucker, Council Member SECONDER: Peter Leroe-Muñoz, Council Member AYES: Blankley, Bracco, Leroe-Muñoz, Marques, Tucker ABSENT: Mayor Roland Velasco, Fred Tovar D. Consideration of a Potential Firearms Buyback Event City Administrator Gonzalez introduced the item. Public comment was opened. Connie Rogers voiced support for the program and what it means to the community. Public comment was then closed. Possible Action: Receive report and provide direction to staff. Council directed staff to identify resources to conduct a Firearms Buyback Event. XI. CITY ADMINISTRATOR'S REPORTS City Administrator Gonzalez reported on the Sports Park Master Plan Update and the proposed facility in possible partnership with the Sharks. He noted that several technical studies are in progress including the preliminary site plan for proposed building placement in August, traffic intersection studies and a floodway evaluation report in September, and a traffic count is upcoming. The City is still waiting for a response from the city of Irvine to learn more how their partnership works as well as facility costs. He announced there is a flyer in Council Member correspondence folders that will be sent out for community engagement on the possible sales tax measure for public safety services. XII. CITY ATTORNEY'S REPORTS City Attorney Faber clarified that the Charter defines the order of voting by Council. 6.A Packet Pg. 13 Communication: Minutes of the September 16, 2019 Regular Meeting (CONSENT CALENDAR (ROLL CALL VOTE)) 7 City Council Meeting Minutes 09/16/2019 XIII. CLOSED SESSION There was none. ADJOURNMENT Mayor Pro Tempore Blankley adjourned the meeting at 8:56 p.m. /s/ Suzanne Guzzetta Deputy City Clerk 6.A Packet Pg. 14 Communication: Minutes of the September 16, 2019 Regular Meeting (CONSENT CALENDAR (ROLL CALL VOTE)) City of Gilroy STAFF REPORT Agenda Item Title: Opening of the Annual Recruitment Period for Boards, Commissions and Committees With Member Terms Expiring December 31, 2019 Meeting Date: October 7, 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 Open a nine week recruitment period to fill full-term seats on City Boards, Commissions and Committees that will be vacant as of December 31, 2019. BACKGROUND There are 17 Boards, Commissions and Committees with full term seats that will be vacant as of December 31, 2019. Annually, the City Council opens a city-wide recruitment to solicit applications to fill upcoming vacancies. Included is a recruitment flyer with a full listing of these pending vacancies, including the functions and meeting schedules of each of these policy bodies. 6.B Packet Pg. 15 CONCLUSION Staff recommends opening a nine-week recruitment period from October 8, 2019 through December 3, 2019, to compile applications for these pending vacancies. Interviews with all applicants will be scheduled at the December 9, 2019 special meeting, and appointments will take place at the January 6, 2020 regular meeting. PUBLIC OUTREACH A thorough public outreach campaign to fill these pending vacancies is planned with flyers being distributed in house and through social media, electronic newsletters and the City website as well as to all partner organizations of the City. Attachments: 1. 2020 Annual Recruitment Flyer 6.B Packet Pg. 16 AArrttss && CCuullttuurree CCoommmmiissssiioonn –– 11 sseeaatt BBiiccyyccllee PPeeddeessttrriiaann CCoommmmiissssiioonn –– 11 sseeaatt BBuuiillddiinngg BBooaarrdd ooff AAppppeeaallss –– 11 sseeaatt CCoommmmuunniittyy && NNeeiigghhbboorrhhoooodd RReevviittaalliizzaattiioonn CCoommmmiitttteeee –– 11 sseeaatt HHiissttoorriicc HHeerriittaaggee CCoommmmiitttteeee –– 22 sseeaattss HHoouussiinngg AAddvviissoorryy CCoommmmiitttteeee –– 33 sseeaattss LLiibbrraarryy CCoommmmiissssiioonn –– 11 sseeaatt PPaarrkkss && RReeccrreeaattiioonn CCoommmmiissssiioonn –– 33 sseeaattss PPhhyyssiiccaallllyy CChhaalllleennggeedd BBooaarrdd ooff AAppppeeaallss –– 11 sseeaatt PPllaannnniinngg CCoommmmiissssiioonn –– 22 sseeaattss PPuubblliicc AArrtt CCoommmmiitttteeee –– 11 sseeaatt BBooaarrdd aanndd CCoommmmiissssiioonn OOppeenn SSeeaattss AAPPPPLLYY NNOOWW ffoorr 22002200 OOppeenniinnggss!! Applications are available online www.cityofgilroy.org and at City Hall City Council will interview applicants the evening of Monday, December 9, 2019 during the City Council Meeting in Council Chambers at City Hall, 7351 Rosanna Street. Applications may be submitted to: shawna.freels@cityofgilroy.org or suzanne.guzzetta@cityofgilroy.org, or by mail to: City Clerk’s Office, 7351 Rosanna Street, Gilroy, CA 95020, and must be received by Tuesday, December 3, 2019 at 5:00 p.m. Call (408) 846-0204 or (408) 846-0469 with questions. 6.B.a Packet Pg. 17 Attachment: 2020 Annual Recruitment Flyer (2019-141 : Annual Recruitment) Arts & Culture Commission – 1 seat (term ending 12/31/2023) This seven (7) member body advises Recreation Staff and the City Council on matters pertaining to cultural and artistic activities to encourage, promote and stimulate the growth of broad-based arts in the community, and meets the 2nd Tuesday of each month at 5:30 p.m. Bicycle Pedestrian Commission – 1 seat (term ending 12/31/2023) This five (5) member Commission advises the City Council and staff on matters related to bicycle and pedestrian activities and issues of concern. Meetings are held the 4th Tuesday of the month at 6:00 p.m. Building Board of Appeals – 1 seat (term ending 12/31/2023) This Board addresses matters pertaining to building and construction and hears all building appeals. The Board is comprised of five (5) people qualified by experience and training, with one public member, and meets as needed. Community & Neighborhood Revitalization Committee – 1 seat (unexpired term ending 12/31/2020) This 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. Meetings are held the 3rd Wednesday of each month at 6:45 p.m. in the Senior Center Meeting Room. Historic Heritage Committee – 2 seats (terms ending 12/31/2021) This five (5) member body acts as an advisory board to the City Council and Planning Commission on issues relating to the identification, protection, retention and preservation of historic sites and neighborhoods of the City, and meets the 3rd Wednesday of each month at 5:30 p.m. Housing Advisory Committee – 3 seats (2 term ending 12/31/2021, 1 term ending 9/30/2021); One (1) Local Property Owner seat; One (1) resident seat; and One (1) Local Affordable Housing Representative and/or Advocate seat This nine (9) member body of community stakeholders is tasked with reviewing housing policies and programs, and making recommendations to staff and the City Council on housing-related matters. Meetings are held quarterly on the 2nd Wednesday of the month at 6:00 p.m. Library Commission – 1 seat (term ending 12/31/2023) Comprised of five (5) members, this Commission serves as an advisory and liaison body to the City Council, staff and the City Librarian on matters concerning the Library, and meets the 2nd Wednesday of the month at 7:00 p.m. Parks & Recreation Commission – 3 seats (terms ending 12/31/23) This seven (7) member body advises the City Council, the Planning Commission and staff on matters pertaining to public parks, urban forestry and recreation in the advancement of park and recreation planning and programming. Meetings are held the 3rd Tuesday of each month at 6:00 p.m. Physically Challenged Board of Appeals – 1 seat (term ending 12/31/2023) Comprised of five (5) members, this body conducts hearings regarding enforcement of public accommodations for the physically challenged, and discusses items of interest to the physically challenged. Meetings are held at 10:00 a.m. on the 2nd Tuesday of the months of January/April/July/October. Planning Commission – 2 seats (terms ending 12/31/2023) This seven (7) member body acts as an advisory body to the Council in the review of planning applications for land use entitlements including subdivisions, planned unit developments, zone changes, conditional use permits and variances, and participates in comprehensive planning studies. Meetings are held the 1st Thursday of each month at 6:30 p.m. Public Art Committee – 1 seat (unexpired term ending 12/31/2021) Comprised of seven (7) members, this committee works in an advisory capacity to the Arts and Culture Commission in the development of public art to create an enhanced visual art environment within the community. The Committee meets the 4th Wednesday of the month at 5:30 p.m. 6.B.a Packet Pg. 18 Attachment: 2020 Annual Recruitment Flyer (2019-141 : Annual Recruitment) City of Gilroy STAFF REPORT Agenda Item Title: Adoption of a Resolution of the City Council of the City of Gilroy to Appropriate Non-General Funds in Fiscal Year 2018-2019 in Various Non-General Funds (Special Revenue, Capital, Debt Service, and Enterprise) and Appropriating Proposed Expenditure Amendments Meeting Date: October 7, 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 amending the budget for the City of Gilroy for Fiscal Year 2018-2019 in various non-general funds and appropriating proposed expenditure amendments. BACKGROUND Per the City Charter (Section 1104), the City Council has the sole authority to amend the City’s adopted budget. During the Fiscal Year 2019 (FY19) yearend reconciliation process, non-general financial expenditures were incurred in FY19 with Council 6.C Packet Pg. 19 approval; however, these council-approved expenditures were not accompanied with a formal Council adopted resolution amending the budget. With the consent of the City’s audit firm, staff is bringing before Council amendments to the FY19 budget to amend the appropriations during the fiscal year closing to include these expenditures. There is no actual budget impact as this action is ministerial and ensures that there is a Council-approved budget resolution accompanying each Council-approved budget action. ANALYSIS Each of the below amendments include a discussion about the nature of the amendment being requested. Figure 1: Chart of Budget Amendments Fund Fund Name Amount Discussion 224 Transportation/Mobility Grants $21,714 Ronan Channel Trail Project experienced more costs within the fiscal year. These expenditures are reimbursed as part of the grant funding for this project. 227 Gang Prevention/ Intervention $34,742 Additional gang prevention activities were conducted as part of the continuation of the South County Task Force efforts. These expenditures are reimbursable under the various grant funding sources secured by the Police Department. 235 Office of Traffic Safety Grants $19,771 Higher reimbursements to the General Fund from OTS grant reimbursements for qualifying activities than projected in the initial budget. 238 Edward Byrne E-Cite/ Salaries Grant $5,547 The Police Department had additional JAG Grant expenses; this has been offset with additional grant funding recognized in Fund 238 of an equivalent amount. 248 State Block Grant $48,747 Additional funding transferred to Police salaries in the General Fund. Increased revenue was received and the increase was transferred to the General Fund to cover the costs of the Police Officer 6.C Packet Pg. 20 Fund Fund Name Amount Discussion position paid for by this funding source. 250 BEGIN Fund $95,298 This fund covered loans for 271 Lewis and 7670 Gennaro Way. 254 Community Development Block Grant $31,006 Cost increases resulting from contract staff support in HCD Administration. 259 Housing Trust Fund $104,381 Accounting for estimated bad debts to write off from low-income housing loans 267 BEGIN Reuse Fund $11,490 This charge was incurred to address a 5% administration fee offset against the fund. 268 REACT Task Force $7,693 This cost was incurred as a result of the impacts of the salary and benefit changes in the adopted Police Officers Association labor agreement. 400 Capital Projects $1,556 One 80/20 sidewalk repair program went over budget after invoices came in higher than anticipated. 435 Sewer Development Impact Fees $1,498,183 SCRWA Capital fund expenditures increased above FY 19 projected amounts. No fiscal impact, as projects costs are spread over several fiscal years. These costs would have been realized in FY 20. 486 Downtown Improvements $25,006 Various costs expended towards the Gilroy Downtown Business Association, including partial contribution to an administrative position, banner placement and removal, and Paseo landscaping maintenance. 505 Gilroy Community Library Debt Service $8,845,275 These expenses related to the refinancing of the Library general obligation bonds. The City refunded the debt and reissued new bonds at a lower interest rate. 720 Water Fund $6,644,241 The First Street Water Line Project 6.C Packet Pg. 21 Fund Fund Name Amount Discussion construction was approved by Council in May of 2018, but was not encumbered until after the new fiscal year had started, resulting in the funds being unappropriated. This amendment is to appropriate the funds that were intended to be carried forward with the approved project. The project is expected to be completed by October, 2019. 808 Senior Advisory Board $844 Trust Fund for Senior Advisory Board used for Senior Center Luau and Mixer programs to prevent isolation, encourage socialization and outreach to younger seniors. 810 Henry Miller Poor Fund $308 Contribution to St. Joseph’s Family Center. Amount of annual contribution is based on the amount of interest accrued, which was higher than projected. 814 Museum Endowment Trust $572 Transferred interest to a deposit account 815 Highway 152 Agency Fund $5,557,606 Highway 152 bond refinancing. Bonds were refunded (paid off) and then reissued at a lower interest rate. 817 Highway 152 Agency Fund Series 2006 $7,721,863 Highway 152 bond refinancing. Bonds were refunded (paid off) and then reissued at a lower interest rate. 819 Highway 152 Refinance Series 2019 $10,383,170 Highway 152 bond refinancing. Bonds were refunded (paid off) and then reissued at a lower interest rate. Total Amendment Request $41,059,013 There are no proposed amendments to the General Fund; the proposed amendments are to special revenue, enterprise, debt, and agency trust funds. A significant amount of the expenditures, 79.2% or $32.5 million, are associated with bond refinancing, which ultimately saved taxpayers money through lower debt interest rates. The remaining $8.6 million, or 20.8% are mostly capital costs, including the First Street Water Line project 6.C Packet Pg. 22 and a large contribution to South County Regional Wastewater Authority (SCRWA) for the costs relating to the North Pump Station and Septage Receiving Station projects. ALTERNATIVES Council may: 1. Approve the amendments as proposed. Recommended. By adopting the attached resolution appropriating the funds, the City’s budget remains consistent with City Charter and audit requirements. Additionally, many of these amendments are reflective of previous Council approvals that were not formally adopted via resolution. 2. Council may amend or reject any or all amendments proposed. Not Recommended. Should the amendments not be approved, there would be a discrepancy between the amount appropriated in the budget and the amount of actual expenditures at the fund level. FISCAL IMPACT/FUNDING SOURCE Appropriations requested for amendment totals $41.1 million. None of these amendments are for the General Fund. These various funding sources are used for the purposes identified in the amendment descriptions. CONCLUSION In consult with the City’s auditors, this practice of amending the budget as the books are closed for year end is acceptable and consistent with the reasoning behind the adjustments: to clean up the budget appropriations to reflect approved changes made through the year that were not officially incorporated as amendments by resolution, or amendments that became necessary as the fiscal year end is closing. Attachments: 1. Resolution FY 18-19 Budget Amendment 6.C Packet Pg. 23 RESOLUTION NO. 2019-XX RESOLUTION NO. 2019-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING THE BUDGET FOR THE CITY OF GILROY FOR FISCAL YEAR 2018-2019 IN VARIOUS FUNDS AND APROPRIATING PROPOSED EXPENDITURE AMENDMENTS WHEREAS, the City Administrator prepared and submitted to the City Council a budget for the City of Gilroy for Fiscal Years 2017-2018 and 2018-2019, and the City Council carefully examined, considered and adopted the same on June 5, 2017; and WHEREAS, City Staff has prepared and submitted to the City Council proposed amendments to said budget for Fiscal Year 2018-2019 for the City of Gilroy in the staff report dated October 7, 2019 for the amendments to the fiscal year 2019 amended budget, appropriating funding for various funds included in the report in the aggregate amount of $41.1 million; and WHEREAS, the City Council has carefully examined and considered the same and is satisfied with said budget amendments. NOW, THEREFORE, BE IT RESOLVED THAT appropriations for Fiscal Year 2018- 2019 are hereby increased as follows: Fund Amount Fund Amount 224 $ 21,714 435 1,498,183 227 34,742 486 $ 25,006 235 19,771 505 8,845,275 238 5,547 720 6,644,241 248 48,747 808 844 250 95,298 810 308 254 31,006 814 572 259 104,381 815 5,557,606 267 11,490 817 7,721,863 268 7,693 819 10,383,170 400 1,556 6.C.a Packet Pg. 24 Attachment: Resolution FY 18-19 Budget Amendment (2019-142 : FY19 Appropriation Amendments) RESOLUTION NO. 2019-XX PASSED AND ADOPTED this 7th day of October, 2019 by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: APPROVED: ___________________________ ATTEST: Roland Velasco, Mayor _________________________ Shawna Freels, City Clerk 6.C.a Packet Pg. 25 Attachment: Resolution FY 18-19 Budget Amendment (2019-142 : FY19 Appropriation Amendments) City of Gilroy STAFF REPORT Agenda Item Title: Adoption of a Resolution of the City Council of the City of Gilroy Approving Fiscal Year 2018-2019 Budget Appropriation Carryovers to Amend the Fiscal Year 2019-2020 Amended Budget for Non- General Funds Including Special Revenue, Capital, Internal Service, and Enterprise Funds Meeting Date: October 7, 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 amending the budget for the City of Gilroy for Fiscal Year 2019-2020 in multiple non-general funds (special revenue, capital, internal service, and enterprise) and appropriating proposed carryover expenditure amendments. BACKGROUND Per the City’s Charter (Section 1104) any appropriations that are not lawfully encumbered or expended by the end of the fiscal year are deemed lapsed by the City 6.D Packet Pg. 26 Charter. Any Department that desires to use unspent appropriation from the prior fiscal year for the same purposes can request of Council an appropriation carryover. Any carryovers would appear on the amended budget for the current fiscal year, in this case Fiscal Year 2020 (FY20). ANALYSIS Below are the requests by Fund and Department for requested appropriations to be carried forward from the FY19 budget into the FY20 budget. California Violence Intervention and Prevention (“CalVIP”) Special Revenue Fund [Fund 228] The Police Department is requesting to carry forward $151,609 in unspent CalVIP funding. There has been a delay in hiring a part-time grant coordinator to administer this funding mechanism and oversee the rest of the gang prevention/intervention efforts of the City. These funds are reimbursable through the CalVIP grant the City was award ed. If left unspent, the grant award will be reduced. Office of Traffic Safety (“OTS”) Grant Special Revenue Fund [Fund 235] OTS grants operate on the Federal fiscal year, October 1st – September 30th. Each year, there are expenditures planned in the City’s fiscal year that are not completed by the fiscal year end. Each year the remaining balance of OTS grant funds are requested to be carried over to the following City fiscal year, that are funded by the current Federal fiscal year. The Police Department is requesting to carry over $29,208 in funding from FY19 into FY20. Public Facilities Development Impact Fee Fund [Fund 440] Staff is requesting to carryover the remaining $1,495,040 for the One-Stop Customer Service Center. Staff has initiated the project, and spent a small portion of the $1.5 million appropriated in FY19 on a hazardous materials assessment of the portion of the City Hall Annex (old police building) that is to be remodeled to be the one -stop center. Staff has recently undertaken the selection process for the professional architectural firm to design the remodel, and is initiating the solicitation process for hazardous materials abatement. The remaining balance of the funding for this project will be needed to continue construction work during this fiscal year. Equipment Outlay Internal Service Fund [Fund 605] The Police Department is requesting to carryover the remaining $22,500 from their appropriation in FY19 to purchase additional radios. Information Technology Internal Service Fund (“IT”) [Fund 690] IT is requesting to carry over $922,713 from FY19 into FY20. These funds would be expended from existing IT Fund balance that was previously appropriated for projects that include: 6.D Packet Pg. 27 Enterprise Resource Planning Software (Financial Software) Land Management System Fire RMS Police patrol mobile computers Recreation management software and equipment Desktops, VOIP phones, network infrastructure, network security, and other items Water Enterprise Fund [Fund 720] The Water Section in the Public Works Department is requesting to carry forward $10,409 budgeted for water meters into FY20. The funding would be used to complete large water meters purchases. ALTERNATIVES Council may: 1. Approve the carry overs by adopting the attached resolution. Recommended. By approving the carryovers, the work on the General Plan, ERP and LMS systems, as well as the other smaller task items may continue. 2. Modify or reject any or all of the carry over requests. Not recommended. Should Council determine not to carry forward some or all of the requested funds, the projects they were originally to fund would face funding challenges that may result in the projects or programs being cancelled. FISCAL IMPACT/FUNDING SOURCE The total appropriation carryover request would be $2,631,479. None of these carryover requests are for the General Fund. These requests are spread across various funds as described above (and summarized below), and included in the attached resolution. Figure 1: Total Appropriation Carryover Requests Fund Number Fund Name Amount 228 California Violence Intervention and Prevention Special Revenue Fund $151,609 235 Office of Traffic Safety Grant Special Revenue Fund 29,208 440 Public Facilities Development Impact Fee Fund 1,495,040 605 Equipment Outlay Internal Service Fund 22,500 690 Information Technology Internal Service Fund 922,713 720 Water Enterprise Fund 10,409 Carryover Total $2,631,479 6.D Packet Pg. 28 CONCLUSION The carryover process occurs each year at this time. Staff is requesting approximately $2.6 million to continue the One-Stop Customer Service Center, IT equipment procurement and deployment, use of grant funds, police radios and water infrastructure purchases. Without these carryovers, the funds would either have to pay for the expenditures by replacing the intended use of existing appropriations, or if insufficient appropriations exist the projects may be cancelled. Attachments: 1. Resolution FY 19-20 Carryover Budget Amendments 6.D Packet Pg. 29 RESOLUTION NO. 2019-XX RESOLUTION NO. 2019-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING THE BUDGET FOR THE CITY OF GILROY FOR FISCAL YEAR 2019-2020 IN MULTIPLE FUNDS AND APROPRIATING PROPOSED CARRYOVER EXPENDITURE AMENDMENTS WHEREAS, the City Administrator prepared and submitted to the City Council a budget for the City of Gilroy for Fiscal Years 2019-2020 and 2020-2021, and the City Council carefully examined, considered and adopted the same on June 3, 2019; and WHEREAS, City Staff has prepared and submitted to the City Council a proposed amendment to said budget for Fiscal Year 2019-2020 for the City of Gilroy in the staff report dated October 7, 2019 for the requested budget carryovers from Fiscal Year 2018-2019, appropriating funding for said carryovers; and WHEREAS, the City Council has carefully examined and considered the same and is satisfied with said budget amendments. NOW, THEREFORE, BE IT RESOLVED THAT appropriations for Fiscal Year 2019-20 are hereby increased in the various funds by the associated amounts described in Attachment “A” included herein. PASSED AND ADOPTED this 7th day of October, 2019 by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: APPROVED: ___________________________ ATTEST: Roland Velasco, Mayor _________________________ Shawna Freels, City Clerk 6.D.a Packet Pg. 30 Attachment: Resolution FY 19-20 Carryover Budget Amendments (2019-143 : FY20 Carryovers) RESOLUTION NO. 2019-XX ATTACHMENT A Fiscal Year 2019-2020 Carryover Budget Amendments Fund Number Fund Name Amount 228 California Violence Intervention and Prevention Special Revenue Fund $151,609 235 Office of Traffic Safety Grant Special Revenue Fund 29,208 440 Public Facilities Development Impact Fee Fund 1,495,040 605 Equipment Outlay Internal Service Fund 22,500 690 Information Technology Internal Service Fund 922,713 720 Water Enterprise Fund 10,409 Carryover Total $2,631,479 6.D.a Packet Pg. 31 Attachment: Resolution FY 19-20 Carryover Budget Amendments (2019-143 : FY20 Carryovers) City of Gilroy STAFF REPORT Agenda Item Title: Claim of John Kalas (The City Administrator recommends a “yes” vote under the Consent Calendar shall constitute the denial of the claim) Meeting Date: October 7, 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 October 7, 2019 meeting: Claim of John Kalas Attachments: 6.E Packet Pg. 32 1. Claim of John Kalas 6.E Packet Pg. 33 6.E.a Packet Pg. 34 Attachment: Claim of John Kalas (2019-144 : Claim of John Kalas) 6.E.a Packet Pg. 35 Attachment: Claim of John Kalas (2019-144 : Claim of John Kalas) City of Gilroy STAFF REPORT Agenda Item Title: Claim of Alfredo Torres (The City Administrator recommends a “yes” vote under the Consent Calendar shall constitute the denial of the claim) Meeting Date: October 7, 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 October 7, 2019 meeting: Claim of Alfredo Torres Attachments: 6.F Packet Pg. 36 1. Claim of Alfredo Torres 6.F Packet Pg. 37 6.F.a Packet Pg. 38 Attachment: Claim of Alfredo Torres (2019-145 : Claim of Alfredo Torres) 6.F.a Packet Pg. 39 Attachment: Claim of Alfredo Torres (2019-145 : Claim of Alfredo Torres) City of Gilroy STAFF REPORT Agenda Item Title: Claim of Fabiola Delgado Lara (The City Administrator recommends a “yes” vote under the Consent Calendar shall constitute the denial of the claim) Meeting Date: October 7, 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 October 7, 2019 meeting: Claim of Fabiola Delgado Lara Attachments: 6.G Packet Pg. 40 1. Claim of Fabiola Delgado Lara 6.G Packet Pg. 41 6.G.a Packet Pg. 42 Attachment: Claim of Fabiola Delgado Lara (2019-146 : Claim of Fabiola Delgado Lara) 6.G.a Packet Pg. 43 Attachment: Claim of Fabiola Delgado Lara (2019-146 : Claim of Fabiola Delgado Lara) City of Gilroy STAFF REPORT Agenda Item Title: Adoption of a Resolution of the City Council of the City of Gilroy Adopting the Sewer System Management Plan for the Gilroy Sewer System in Accordance with State Water Resources Control Board Order No. 2006-0003-DWQ Meeting Date: October 7, 2019 From: Gabriel Gonzalez, City Administrator Department: Public Works Department Submitted By: Girum Awoke Prepared By: Damian Skinner Damian Skinner 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 adopting the Sewer System Management Plan for the Gilroy Sewer System in accordance with State Water Resources Control Board Order No. 2006-0003-DWQ. EXECUTIVE SUMMARY The General Waste Discharge Requirement (GWDR) adopted on May 2, 2006 by the State Water Resources Control Board (SWRCB), requires that all owners and operators of sanitary sewer collection systems over one mile in length develop and implement a Sewer System Management Plan (SSMP) pursuant to State Water Resources Control 6.H Packet Pg. 44 Board Order No. 2006-0003-DWQ. As an owner and operator of a collection system, the City must put in place a comprehensive plan for inspection, condition assessment, cleaning, rehabilitation, capacity assessment, and capital upgrades to mitigate Sanitary Sewer Overflows (SSOs). BACKGROUND: Sanitary Sewer Overflows (SSOs) are overflows from sanitary sewer systems that may be of domestic, industrial and/or commercial wastewater. SSOs contain high levels of suspended solids, toxic pollutants, pathogenic organisms (such as bacteria and viruses that cause diseases), oils and grease and other pollutants. SSOs may cause a public nuisance, particularly when raw untreated wastewater is discharge d to areas with high public exposure. Throughout the state, agencies report sewer overflows that result in the discha rge of untreated wastewater. The majority of these overflows occur due to many factors, including peak flows that exceed system capacity, blockages caused by excess grease, root blockage, sewer system age, construction material failures and mechanical problems. For this reason, the state has adopted a zero tolerance for sewer overflows, and is therefore, requiring cities to prepare an Sewer System Management Plan (SSMP) as a proactive approach to ensure proper system wide operation, maintenance, and management. In November 2018, staff hired Causey Consulting to prepare an SSMP for the City. ANALYSIS The draft Sewer System Management Plan (SSMP) document has been posted on the Department of Public Works website located below: http://www.cityofgilroy.org/347/Streets-Trees-Sewers The City’s sewer system consists of 163.13 miles of gravity sewers, 4,026 manholes, 0.16 miles of force mains, and 1 pump station. The State requires that all owners and operators of sanitary sewer collection systems over one mile in length to develop and implement an SSMP with the following goals: 1. Properly manage, operate, and maintain all portions of the wastewater collection system. 2. Respond to sanitary sewer overflows quickly and mitigate the impacts of the overflow to public health and safety, and the environment. 3. Cost effectively minimize infiltration/ inflow (I/I) and provide adequate capacity to convey the peak wastewater flows. 4. Provide regular training for City staff and contractors in collection system maintenance, operations and emergency response. 5. To meet all applicable regulatory notification and reporting requirements. 6.H Packet Pg. 45 6. Identify, prioritize and continuously renew and replace sewer collection system assets to maintain reliability. The City’s current sewer maintenance program includes visual inspection of sewer lines and mechanical and hydro sewer line cleaning. Repairs are performed on an as needed basis. Element IV of the SSMP requires sewer line condition assessment using Closed Caption Television (CCTV). On July 1, 2019, the City Council authorized the purchase of a CCTV inspection vehicle. The inspection vehicle will be used to develop and implement a Quality Assurance and Quality Control (QA/QC) Program for sewer line cleaning as required by the SSMP. A QA/QC program would evaluate our cleaning methods and procedures and would help ensure that our operators are cleaning pipe using the correct tools and nozzles for maximum efficiency. The data ga thered form the inspection process will also be used to identify sewer lines that require repair. The cost of the vehicle was $213,354, funded by the Sewer Enterprise Fund. ALTERNATIVES Sewer System Management Plan (SSMP) adoption is a regulatory requirement; therefore, there are no legal alternatives identified. FISCAL IMPACT/FUNDING SOURCE Adoption of the SSMP does not have a financial impact. However, the full implementation of the SSMP may result in capital project expenditures as deficiencies in the sewer infrastructure are revealed through a comprehensive video inspection program mentioned in the Analysis section of this staff report. Attachments: 1. Resolution Sewer System Mgmt. Plan 2. GILROY SSMP Council Draft 10-21-19 6.H Packet Pg. 46 RESOLUTION NO. 2019-XX RESOLUTION NO. 2019-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ADOPTING THE SEWER SYSTEM MANAGEMNT PLAN FOR THE CITY OF GILROY WHEREAS, on May 2, 2006, the State Water Resource Control Board adopted order No. 2006-003 DWQ (Statewide General Waste Discharge Requirements for Sanitary Sewers) requiring all federal, and state agencies, municipalities, counties, districts and other public entities that own or operate sanitary sewer systems greater than one mile in length that collect and/or convey untreated or partially treated wastewater to a publicly owned treatment facility in the State of California, to comply with the terms of this order to eliminate Sanitary Sewer Overflows; and WHEREAS, such order requires each municipality to prepare and implement a Sewer System Management Plan that will include provisions to provide proper and efficient management, operation, and maintenance of sanitary sewer systems, while taking into consideration risk management and health benefits. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Gilroy hereby adopts the Sewer System Management Plan attached hereto in accordance with State Water Resources Control Board Order No. 2006-0003-DWQ Statewide General Discharge Requirements for Sanitary Sewer Systems. PASSED AND ADOPTED this 7th day of October, 2019, by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: APPROVED: ___________________________ ATTEST: Roland Velasco, Mayor _________________________ Shawna Freels, City Clerk 6.H.a Packet Pg. 47 Attachment: Resolution Sewer System Mgmt. Plan [Revision 4] (2019-147 : Adoption of Sewer System Management Plan) Sewer System Management Plan October, 2019 Originally Certified: April 7, 2011 Resolution No: Readopted: , 2019 Resolution No: City WDID #3SSO10340 6.H.b Packet Pg. 48 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Legally Responsible Official Certification I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. _________________________________________ __________________ Girum Awoke Date Public Works Director 6.H.b Packet Pg. 49 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Table of Contents City of Gilroy: Sewer System Management Plan, August 2019 page i Table of Contents 1.0 Introduction ............................................................................................................................ 1 1.1. Sewer System Management Plan ...................................................................................... 1 1.2. Sanitary Sewer System Facilities ...................................................................................... 1 1.3. Definitions, Acronyms, and Abbreviations ...................................................................... 5 1.4. References ....................................................................................................................... 10 Element I: Goals ........................................................................................................................ 11 I-1. SSMP Goals .................................................................................................................... 11 Element II: Organization ......................................................................................................... 12 II-1. Organizational Structure ................................................................................................ 12 II-2. Authorized Representatives ........................................................................................... 13 II-3. Responsibility for SSMP Implementation and Maintenance ......................................... 16 II-4. SSO Reporting Chain of Communication ..................................................................... 17 Element III: Legal Authority .................................................................................................... 19 III-1. Municipal Code ............................................................................................................ 19 III-2. Agreements with Satellite Agencies ............................................................................. 20 Element IV: Operations and Maintenance Program ............................................................. 22 IV 1. Collection System Mapping ......................................................................................... 22 IV 2. Preventive Operation and Maintenance ........................................................................ 23 IV–2.1. Gravity Sewer Maintenance .................................................................. 24 IV 2.1.1. Joint Trunk Sewer Maintenance ........................................................... 27 IV-2.1.2. Pipe Condition Assessment................................................................... 27 IV-2.1.3. Manhole Inspection Program ................................................................ 28 IV-2.2. Pump Station ......................................................................................... 29 IV-2.3. Force Mains .......................................................................................... 29 IV-2.4. Collection System Siphons ................................................................... 30 IV-2.5. Root Foaming........................................................................................ 30 IV-2.6. Private Sewer Laterals .......................................................................... 30 IV-2.7. Rehabilitation and Replacement Program ............................................ 31 IV-2.8. Training ................................................................................................. 31 IV-2.9. Equipment and Replacement Parts ....................................................... 31 IV-2.10. Outreach to Sewer Service Contractors Working for Us ...................... 32 IV-3. References .................................................................................................................... 32 Supplement IV-1: Pump Station Condition Assessment Checklist ....................................... 33 Supplement IV-2: Gilroy Sewer Capital Improvement Program .......................................... 36 Supplement IV-3: Major System Equipment Inventory ........................................................ 36 Supplement IV-4: Critical Sewer System Replacement Parts Inventory .............................. 37 Element V: Design and Performance Provisions ................................................................... 39 V-1. Design Criteria for Installation, Rehabilitation and Repair ........................................... 39 V-1.1. New Pipe and Appurtenances ............................................................... 39 6.H.b Packet Pg. 50 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Table of Contents City of Gilroy: Sewer System Management Plan, August 2019 page ii V-1.2. Pump Station ......................................................................................... 39 V-1.3. Private Sewer Systems and Private Laterals ......................................... 40 V-2. Inspection and Testing Criteria ...................................................................................... 40 V-2.1. New and Rehabilitated Pump stations .................................................. 40 V-2. References ..................................................................................................................... 40 Element VI: Overflow Emergency Response Plan ................................................................ 41 VI-1. Purpose ......................................................................................................................... 41 VI-2. Policy ............................................................................................................................ 42 VI-3. Goals............................................................................................................................. 42 VI-4. Full Overflow Emergency Response Plan ................................................................... 42 VI-5. Authority ...................................................................................................................... 43 VI-6. References .................................................................................................................... 43 Element VII: Fats, Oils, and Grease (FOG) Control Program ............................................ 44 VII-1. Nature and Extent of FOG Problem............................................................................ 44 VII-2. Response to GWDR Requirements ............................................................................. 45 Element VIII: System Evaluation and Capacity Assurance Plan ........................................ 48 VIII-1. System Evaluation - Collection System Master Plan ................................................ 48 VIII-2. Design Criteria ........................................................................................................... 49 VIII-3. Capacity Enhancement Measures - Capital Improvement Program .......................... 49 VIII-4. Schedule..................................................................................................................... 49 VIII-5. References ................................................................................................................. 49 Element IX: Monitoring, Measurement, and Program Modifications ................................ 50 IX-1. Performance Measures ................................................................................................. 50 IX-2. Baseline Performance ................................................................................................... 51 IX-3. Mains, Pump Stations, and Force Mains ...................................................................... 51 IX-4. Performance Monitoring and Program Changes .......................................................... 55 IX-5. References .................................................................................................................... 55 Element X: SSMP Program Audits ......................................................................................... 56 X-1. Audits............................................................................................................................. 56 X-2. SSMP Updates ............................................................................................................... 57 Supplement X-1: SSMP Audit Checklist .............................................................................. 58 Element XI: Communication Program .................................................................................... 65 XI-1. Communication during SSMP Development and Implementation .............................. 65 XI-2. Communication with Regional and Joint Wastewater Collection Systems ................. 65 Appendices .................................................................................................................................. 66 Appendix A: Sewer System Management Plan Adoption Documents................................. 67 Appendix B: Sewer System Management Audit Reports ..................................................... 68 Appendix C: Sewer System Management Plan Change Log ............................................... 69 Appendix D: Overflow Emergency Response Plan (OERP) ................................................ 70 Appendix E: Gilroy Water Quality Monitoring Plan.......................................................... 149 6.H.b Packet Pg. 51 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Table of Tables City of Gilroy: Sewer System Management Plan, August 2019 page iii Table of Tables Intro Table 1: Gravity Sewer System Size Distribution ............................................................... 2 Intro Table 2: Gravity Sewer System Materials of Construction ................................................. 3 Intro Table 3: Gravity Sewer System Inventory of Sewer Lines by Pipe Age ............................. 3 Intro Table 4: Gravity Sewer System Inventory of Siphons in System ........................................ 4 Table II – 1: Responsible Officials in the Public Works Chain of Communication................... 16 Table III – 1: Summary of Legal Authorities .............................................................................. 19 Table III – 2: City of Gilroy and City of Morgan Hill Sewer Trunk Operations and Maintenance Responsibilities ...................................................................................................... 20 Table IV – 1: Routine High Priority Cleaning Lines ................................................................... 24 Table IV – 2: Historical High Priority Cleaning Line Cleaning Results ..................................... 25 Table IV – 3: Historical System Wide Cleaning Results ............................................................. 25 Table IV – 4: Gilroy Codes of Safe Practice Listing ................................................................... 26 Table IV – 5: Pump Station Locations and Asset Information .................................................... 29 Table IV – 6: Force Main Locations and Descriptions ............................................................... 30 Table VII – 1: Historical FOG-Related SSOs............................................................................. 45 Table IX – 1: Gravity Sewer, Pump Station, and Force Main SSOs by Fiscal Year .................. 51 Table IX – 2: CY SSOs by Cause ............................................................................................... 52 Table IX – 3: FY Spilled Volume Totals (Volume Spilled, Portion Contained, and Volume to Surface Waters) .......................................................................................................... 53 6.H.b Packet Pg. 52 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Table of Figures City of Gilroy: Sewer System Management Plan, August 2019 page iv Table of Figures Intro Figure 1: Gilroy Sewer System Map .................................................................................... 2 Figure II – 1: Gilroy Public Works Department Organization Chart .......................................... 13 Figure II – 2: Overview of Sewer Overflow Response ................................................................ 18 Figure IV – 1: Gilroy Engineering and Operations Department Organization Chart .................. 23 Figure IV – 2: Sewer Maintenance Zones Reference Guide ....................................................... 24 Figure IV – 3: Standard Measures of Observed Results for Collection System Line Cleaning ....................................................................................................................................... 26 Figure IV – 4: CCTV Return Frequency Flow Chart .................................................................. 28 Figure IX – 1: Trend in all SSOs per Fiscal Year ....................................................................... 52 Figure IX – 2: Trend in SSOs by Cause ..................................................................................... 53 Figure IX – 3: Total Spill Volume / Calendar Year, Gallons ...................................................... 54 Figure IX – 4: Comparison of SSO Rate per 100 Miles of Sewers ............................................. 54 6.H.b Packet Pg. 53 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Introduction City of Gilroy: Sewer System Management Plan, August 2019 page 1 1.0 Introduction 1.1. Sewer System Management Plan This Sewer System Management Plan (SSMP) has been prepared by the Public Works Department of the City of Gilroy with the assistance of Causey Consulting, Walnut Creek, CA. It is a compendium of the policies, procedures, and activities that are included in the planning, management, operation, and maintenance of the City’s sanitary sewer system. The State Water Resources Control Board (SWRCB) has issued statewide waste discharge requirements for sanitary sewer systems, which include requirements for developm ent of an SSMP. The State Water Board requirements are outlined in Order No. 2006 -0003-DWQ, Statewide General Waste Discharge Requirements for Sanitary Sewer Systems, dated May 2, 2006 (GWDR), and Order No. WQ -2008-0002-EXEC, dated February 20, 2008, which was amended by Order No. 2013 -0058-EXEC, effective September 9, 2013, which changed the Monitoring and Reporting Program (MRP). This SSMP is intended to update the City’s 2011 SSMP, in compliance with the GWDR and MRP revised requirements. In addition, the City’s collection system is also named and regulated through the South County Regional Wa stewater Authority (SCWRA) National Pollution Discharge Elimination System (NPDES) Permit No. CA0049664, Order Number R3-2017-0028. The structure (section numbering and nomenclature) of this SSMP follows the above referenced GWDR Section D13. This SSMP is organized by the SWRCB outline of elements; and contains language taken from the GWDR at that beginning of each element. The GWDR uses the term “Enrollee” to mean ea ch individual municipal wastewater collection system that has completed and submitted the required application for coverage under the WDR (in this case, the Enrollee is the City of Gilroy. The City’s Waste Discharger Identification number (WDID) in the California Integrated Water Quality System (CIWQS) is 3SSO10340, 1.2. Sanitary Sewer System Facilities The City operates a sanitary sewer system that serves a population of approximately 55,936 in a 16.56 square mile service area . The sewer system serves 13,342 residential connections 835 commercial/industrial and 24 institutional customers ( Total 14,2011). The sewer system consists of 163.13 miles of gravity sewers (approximately 4,410 line segments), 4,026 manholes, 0.16 miles of force mains, and 1 pump station. The sewer lines range in size from three (3) inches to forty-eight (48) inches in diameter and the piping system includes Twelve (12) siphons with a total length of 0.33 miles of siphons in the gravity system . The property owner is fully responsible for installation, maintenance and repair of the private sewer lateral(s). Intro Figure 1 contains an overvi ew map of the City’s sanitary sewer service area. 1 City of Gilroy Year Ended June 30, 2018, Comprehensive Annual Financial Report 6.H.b Packet Pg. 54 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Introduction City of Gilroy: Sewer System Management Plan, August 2019 page 2 Intro Figure 2 contains an overview map of the City’s Regional Board Reporting Areas. Intro Table 1 and provide t he composition of the gravity sewer piping by size and ma terial of construction. Intro Table 3 provides the installation age distribution of the City’s collection system . Intro Table 4 provides the system information of all siphons in the collection system. Intro Figure 1: Gilroy Sewer System Map Ref: LAFCO Final Service Review December 2015 Intro Table 1: Gravity Sewer System Size Distribution Diameter, inches Number of Line Segments Pipe Length, linear feet Portion of Sewer System, % 3 8 963 0.10 4 18 1,805 0.20 6 662 132,755 15.46 8 2,455 441,557 51.42 9 177 31,913 3.72 10 404 81,452 9.49 12 249 55,765 6.49 14 3 327 0.04 6.H.b Packet Pg. 55 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Introduction City of Gilroy: Sewer System Management Plan, August 2019 page 3 Diameter, inches Number of Line Segments Pipe Length, linear feet Portion of Sewer System, % 15 62 16,330 1.90 16 2 136 0.02 18 179 41,582 4.84 24 60 16,343 1.90 27 44 12,429 1.45 30 9 2,559 0.30 33 61 22,476 2.62 48 5 375 0.04 Total 4,398 858,767 100.00 Total, miles 163.13 Source: City Staff Infrastructure Spreadsheet April 2019 Intro Table 2: Gravity Sewer System Materials of Construction Material Number of Line Segments Pipe Length, LF Percent of Sewer System VCP 2,823 571,501 66.55 PVC 709 95,667 11.14 RCP 4 675 0.08 ACP 5 1,065 0.12 DIP 58 10,656 1.24 Total 4,398 858,767 100.00 Total, Miles 163.13 Source: City Staff Infrastructure Spreadsheet April 2019 Intro Table 3: Gravity Sewer System Inventory of Sewer Lines by Pipe Age Age in Years Construction Period Linear Feet of Gravity Sewers Miles of Gravity Sewer Percent of System 0-15 2000 - current 186,305 35.29 21.69 16 – 35 1980 – 1999 221,519 41.95 25.79 36 – 55 1960 – 1979 125,280 23.73 23.73 56 – 75 1940 – 1959 17,103 3.24 3.24 76 – 95 1920 – 1939 0 0 0 95 – 115 1900 – 1919 0 0 0 >115 Before 1900 0 0 0 Unknown 308,561 58.44 58.44 6.H.b Packet Pg. 56 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Introduction City of Gilroy: Sewer System Management Plan, August 2019 page 4 Age in Years Construction Period Linear Feet of Gravity Sewers Miles of Gravity Sewer Percent of System Total, miles 162.65 Source: City Staff Infrastructure Spreadsheet April 2019 Intro Table 4: Gravity Sewer System Inventory of Siphons in System # Siphon Title / Name Cross Street / Location Length, each pipe Length, Total Size Inches Single / Double Type of Market 1 Santa Teresa Blvd (Bridge) Longmeadow Dr 75 150 10 Double VCP 2 Wren Ave Uvas Park Dr 432 432 18 Single VCP 3 Luchessa Ave (Bridge) Next to Levee trail / driveway NE side 340 680 12 Double N/A 4 Princevalle Channel Princevalle St MH S bank to Johnson 40 80 8 Double VCP 5 Princevalle Channel Monterey Rd S. bank, MH 315; frin 50 100 6 Double VCP 6 Princevalle Channel Auto Mall Prkwy, next to 6475 old Granite Rock 30 60 10 Double N/A 7 Church St (Bridge) Woodworth Way 140 280 18 Double VCP 8 Welburn Ave (Bridge) 8383 Church (Village Car Wash) 85 170 10 Double VCP 9 IOOF Ave (Bridge) East of bridge 95 190 10 Double VCP 10 Murray Ave (Bridge) East end of bridge by Lincoln Court 120 240 15 Double VCP 11 Forest St (Bridge) Fortunata Place 75 150 10 Double VCP 12 Rogers Lane (Miller Slough) Below 6th St (overpass) on N. Side 45 90 27 Double VCP 13 Gilroy Gardens East bank of Uvas Creek gravel road 400 1200 6, 8 and 10 Triple VCP Total Monthly Footage 3822 Total Monthly Miles 0.72 Total Annual Footage 45,864 Total Annual Miles 8.69 Source: June 24, 2019 Email from Bumanglag 6.H.b Packet Pg. 57 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Introduction City of Gilroy: Sewer System Management Plan, August 2019 page 5 1.3. Definitions, Acronyms, and Abbreviations Asbestos Cement Pipe (ACP) Best Management Practices (BMP): Refers to the procedures employed in commercial kitchens to minimize the quantity of grease that is discharged to the sanitary sewer system . Examples include scraping food scraps into a garbage can and dry wiping dishes and utensils prior to washing. Calendar Year (CY) California Integrated Water Quality System (CIWQS): Refers to the State Water Resources Control Board online electronic reporting system that is used to report SSOs, certify completion of the SSMP, and provide information on the sanitary sewer system. Capital Improvement Plan (CIP): Refers to the document that identifies future capital improvements to the City’s sanitary sewer system. Cast Iron Pipe (CIP) Central Coast Regional Water Quality Control Board (CCRWQCB) – see RWQCB below City: Refers to the City of Gilroy. Closed Circuit Television (CCTV): Refers to the process and equipment that is used to internally inspect the condition of gravity sewers. Code of Safe Practice (COSP) Computerized Maintenance Management System (CMMS): Refers to the computer ized maintenance management system that is used by the City to plan, dispatch, and record the work on its sanitary sewer system. CityWorks is the propriety software the City uses for workflow management. Division of Water Quality (DWQ): Refers to the State of California Division of Water Quality of the State Water Resources Control Board. Fats, Oils, and Grease (FOG): Refers to fats, oils, and grease typically associated with food preparation and cooking activities that can cause blockage s in the sanitary sewer system. First Responder: Refers to the field crew or the On-Call personnel that are the City’s initial response to an SSO event or other sewer system emergency. Fiscal Year (FY): Means a 12-month periods beginning July 1 st and ending June 30th. Food Service Establishment (FSE): Refers to commercial or industrial facilities where food is handled/prepared/served that discharge to the sanitary sewer system. 6.H.b Packet Pg. 58 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Introduction City of Gilroy: Sewer System Management Plan, August 2019 page 6 General Waste Discharge Requirements (GWDR): Refers to the State Water Resources Control Board Order No. 2006 -0003, Statewide General Waste Discharge Requirements for Sanitary Sewer Systems, dated 5/2/2006. Geographical Information System (GIS): Refers to the City’s system that it uses to capture, store, analyze, and manage geospatial data associated with the City’s sanitary sewer system assets. Global Positioning System (GPS): Refers to a field device it that is recommended to determine the longitude and latitude of sanitary sewer overflows for use in meeting CIWQS reporting requirements. Grease Removal Device (GRD): Refers to grease traps and grease interceptors that are installed to remove FOG from the wastewater flow at food service establishments. Infiltration/Inflow (I/I): Refers to water that enters the sanitary sewer s ystem from storm water and groundwater. Infiltration enters through defects in the sanitary sewer system after flowing through soil. Inflow enters the sanitary sewer without flowing through soil . Typical points of inflow are holes in manhole lids and dir ect connections to the sanitary sewer (e.g. storm drains, area drains, and roof leaders). Joint Powers Agreement (JPA) Lateral – See Private Sewer Lateral Legally Responsible Official (LRO): Person(s) designated by the City of Gilroy to be responsible for formal reporting and certifying of all reports submitted to the CIWQS. Manhole (MH): Refers to an engineered structure that is intended to provide access to a sanitary sewer for maintenance and inspection. Manhole Assessment and Certification Program (MACP): Program for the coding of defects in manholes and sewer system appurtenances. Mainline Sewer: Refers to City publicly owned wastewater collection system piping that is not a private lateral connection to a user. Monitoring, Measurement, and Plan Modifications (MMPM), SSMP Element IX Monitoring and Reporting Program (MRP): State Water Resources Control Board WQ 2013-0058-EXEC effective September 9, 2013. Gilroy Municipal Code (GMC) National Association of Sewer Service Companies (NASSCO) National Pollution Discharge Elimination System Permit (NPDES) 6.H.b Packet Pg. 59 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Introduction City of Gilroy: Sewer System Management Plan, August 2019 page 7 Notification of an SSO: Refers to the time at which the City becomes aware of an SSO event through observation or notification by the public or other source. Nuisance: California Water Code section 13050, subdivision (m), defines nuisance as anything that meets all the following requirements: a. Is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comf ortable enjoyment of life or property. b. Affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal. c. Occurs during, or as a result of, the treatment or disposal of wastes. Office of Emergency Services (OES): Refers to the California State Office of Emergency Services. Operations and Maintenance (O&M) Overflow Emergency Response Plan (OERP) Pipeline Assessment and Certification Program (PACP): Refers to the NASSCO certification program that is used for the evaluation and condition assessment of sewer lines and appurtenances from closed circuit televising of the lines and appurtenances. Polyvinylchloride Pipe (PVC) Preventive Maintenance (PM): Refers to maintenance activities intended to prevent failures of the sanitary sewer system facilities (e.g. cleaning, CCTV, repair , etc.). Private Sewer Lateral (PSL): The sewer pipeline from the plumbing of a building to a collection line, including portions that extend across public rights -of-way and the saddle, wye or other physical connection to the collection line. Private sewer laterals are privately owned and maintained. Private Lateral Sewage Discharges (PLSD): Sewage discharges that are caused by blockages or other problems within a privately-owned sewer service lateral. Property Damage Overflow : Refers to a sewer overflow or backup that damages a private propert y owner’s premises. Public Works (PW) Pump Station (PS): A facility that transmits and pumps sewage into the City gravity sanitary sewer collection system. Regional Water Quality Control Board (CCRWQCB): Refers to the Central Coast Regional Water Quality Control Board . 6.H.b Packet Pg. 60 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Introduction City of Gilroy: Sewer System Management Plan, August 2019 page 8 Reinforced Concrete Pipe (RCP) Sanitary Sewer Backup (Backup): A wastewater backup into a building and/or on private property caused by blockages or flow conditions within the publicly owned port ion of a sanitary sewer system. Sanitary Sewer Overflows (SSO): Any overflow, spill, release, discharge or diversion of untreated or partially treated wastewater from a sanit ary sewer system. SSOs include: (i) Overflows or releases of untreated or partially treated wastewater t hat reach waters of the United States; (ii) Overflows or releases of untreated or partially treated wastewater that do not reach waters of the United States; and (iii) Wastewater backups into buildings and on private property that are caused by blockages or flow conditions within the publicly owned portion of a sanitary sewer system. SSOs that include multiple appearance points resulting from a single cause will be considered one SSO for documentation and reporting purposes in CIWQS. NOTE: Wastewater backups into buildings caused by a blockage or other malfunction of a private sewer lateral are not SSOs. SSO Categories: Category 1: Discharge of untreated or partially treated wastewater of any volume resulting from a sanitary sewer system failure or flow condition that either: Reaches surface water and/or drainage channel tributary to a surface water; or Reached a Municipal Separate Storm Sewer System (MS4) and was not fully captured and returned to the sanitary sewer system or otherwise cap tured and disposed of properly. Category 2: Discharge of untreated or partially treated wastewater greater than or equal to 1,000 gallons resulting from a sanitary sewer system failure or flow condition that either: Does not reach surface water, a drainage channel, or an MS4, or The entire SSO discharged to the storm drain system was fully recovered and disposed of properly. Category 3: All other discharges of untreated or partially treated wastewater resulting from a sanitary sewer s ystem failure or flow condition. Sanitary Sewer System or Sewer System : Refers to the sanitary sewer facilities that are owned and operated by the City of Gilroy. 6.H.b Packet Pg. 61 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Introduction City of Gilroy: Sewer System Management Plan, August 2019 page 9 Sensitive Areas : Refers to areas where an SSO could result in a fish kill or pose an imminent or substantial danger to human health. Sewer Service Lateral : Refers to the piping that conveys sewage from the building to the sanitary sewer system Sewer System Management Plan (SSMP) Sewer System Master Plan (SMP) Sewer Zone (SZ) South Coun ty Regional Wastewater Authority (SCRWA): Refers to the joint powers agreement between the Cities of Morgan Hill Gilroy and Gilroy for the construction, operation, maintenance and renewal of wastewater treatment facilities for all wastewater collection from the Morgan Hill and Gilroy collection systems. Standard Operating Procedures (SOP): Refers to written procedures that pertain to specific activities employed in the operation and maintenance of the Sanitary Sewer System. Standard Specifications : Refers to the latest edition of the City of Gilroy Design Standards and Standard Details for Construction . State Water Resources Control Board (SWRCB): Refers to the California Environmental Protection Agency, State Water Resources Control Board . Note: The State Board is a separate entity from the Central Coast or the San Francisco Regional Water Quality Control Board (s), although the agencies are closely connected. Supervisory Control and Data Acquisition (SCADA): Refers to the system that is employed by the City to monitor the performance of its pump stations and to notify the operating staff when there is an alarm condition that requires attention. System Evaluation and Capacity Assurance Plan (SECAP) SSMP Element VIII Underground Services Alert (USA) Untreated or Partially Treated Wastewater : Any volume of waste discharged from the sanitary sewer system upstream of a wastewater treatment plant headworks. Vitrified Clay Pipe (VCP) Waste Discharge Identification Number (WDID): A unique Gilroy identification number for the certification and reporting of collection system related actions and overflows in the CIWQS System. The Gilroy WDID is 3SSO10340 Water Body: Any stream, creek, river, pond, impoundment, lagoon, wetland, or bay. Water of the S tate: Refers to “any surface water or groundwater, including saline waters, within the boundaries of the state.” (California Water Code § 13050(e)). Water Quality Monitoring Plan (WQMP) 6.H.b Packet Pg. 62 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Introduction City of Gilroy: Sewer System Management Plan, August 2019 page 10 Work Order (WO): Refers to a document (paper or electronic) that is used to assign work and to record the results of the work. 1.4. References State Water Resources Control Board Order No. 2006 -0003, Statewide General Waste Discharge Requirements for Sanitary Sewer Systems, California State Water Resources Control Board, May 2, 2006. State of California Water Resources Control Board Order No. WQ -2008-0002- EXEC, Adopting Amended Monitoring and Reporting Requirements for Statewide General Waste Discharge Requirements for Sanitary Sewer Systems dated February 20, 2008 State Water Resources Control Board Order No. Order No. 2013 -0058-EXEC, Amending Monitoring and Reporting Program for Statewide General Waste Discharge Requirements for Sanitary Sewer Systems, September 9, 2013. South County Regional Wastewater Authority (SCWRA) Natio nal Pollution Discharge Elimination System (NPDES) Permit No. CA0049664, Order Number R3-2017-0028 6.H.b Packet Pg. 63 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Element I: Goals City of Gilroy: Sewer System Management Plan, August 2019 page 11 Element I: Goals I-1. SSMP Goals The goals of the City of Gilroy SSMP are: 1. Properly manage, operate, and maintai n all portions of the wastewater collection system. 2. Respond to sanitary sewer overflows quickly and mitigate the impacts of the overflow to public health and safety, and the environment. 3. Cost effectively minimize infiltration/ inflow (I/I) and provide adequate capacity to convey the peak wastewater flows. 4. Provide regular training for City staff and contractors in collection system maintenance, operations and emergency response. 5. To meet all applicable regulatory notification and reporting requirements. 6. Identify, prioritize and continuously renew and replace sewer collection system assets to maintain reliability. 7. Adhere to the components of the SSMP. Goal: The goal of the SSMP is to provide a plan and schedule to proper ly manage, operate, and maintain all parts of the sanitary sewer system. This will help reduce and prevent SSOs, as well as mitigate any SSOs that do occur. 6.H.b Packet Pg. 64 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Element II: Organization City of Gilroy: Sewer System Management Plan, August 2019 page 12 Element II: Organization II-1. Organizational Structure The sanitary sewer collection system is operated and maintained by the Operations Division of the Public Works Department with the direct assistance of the Engineering Division for long range planning and capital program management. In addition, is also supported by City Risk Management, Building Division and En vironmental Services Division. Finally, the SCRWA provides the City with the FOG control program for food services establishments. The organization chart for the management, operation, and maintenance of the City’s wastewater collection system is shown on the next page. Organization: The SSMP must identify: (a) The name of the responsible or authorized representative as described in Section J of this Order. (b) The names and telephone numbers for management, administrative, and maintenance positions respo nsible for implementing specific measures in the SSMP program. The SSMP must identify lines of authority through an organization chart or similar document with a narrative explanation; and (c) The chain of communication for reporting SSOs, from receipt of a complaint or other information, including the person responsible for reporting SSOs to the State and Regional Water Board and other agencies if applicable (such as County Health Officer, County Environmental Health Agency, Regional Water Board, and/or S tate Office of Emergency Services (OES)). 6.H.b Packet Pg. 65 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Element II: Organization City of Gilroy: Sewer System Management Plan, August 2019 page 13 Figure II – 1: Gilroy Public Works Department Organization Chart II-2. Authorized Representatives The City’s Legally Responsible Official (s) (LRO) for wastewater collection system matters are identified below along with their roles a nd responsibilities for the collection system operations. They are the City’s legally responsible officials who are authorized to certify electronic spill reports and other required reports and submittals to the SWRCB, the RWQCB, the Office of Emergency Services (OES) and/or the CIWQS System. Public Works Director – (LRO) Under direct supervision of the City Administrator, organizes and administers the operations of the Public Works Department; directs the activities of the Engineering Division (capital i mprovement, development, environmental, traffic/transportation) and Operations Division (parks & landscape; water; streets/waste water/trees; facilities; and fleet). Deputy Director of Public Works – Operations Division (LRO) – Under direct supervision of the Public Works Director, administer, plan, direct the varied operations within the Operations Division of the Public Works Department to include Facilities, Fleet, Parks & Landscape, Streets/Wastewater/Trees, and Water. Provide high level and complex staff assistance to the Public Works Director. Is responsible for establishing and maintaining safe work practices for all areas of Operations and ensure compliance with all safety, environmental, and OSH A related laws and regulations. Provide leadership, training, and mentoring to Section heads and ensure that each Section of Operations is meeting established goals, objectives, work plans, and deadlines. 6.H.b Packet Pg. 66 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Element II: Organization City of Gilroy: Sewer System Management Plan, August 2019 page 14 Operations Supervisor – Streets, Sewer and Forestry Section– (DS) - Under the general supervision of the Deputy Public Works Director - Operations, plan and coordinate the activities of the section including repair and maintenance of streets, sidewalks, traffic signs and markings, street sweeping, graffiti abatement, and storm drains, including inventory, maintenance, and replacement and flood control and waste water collection systems, and street trees; supervise personnel engaged in maintenance and installation of the waste water collection system, as well as street and street tree maintenance. Also, operate and maintain equipment related to street, wastewater and tree maintenance programs. City Engineer /Traffic Engineer – Under general administrative direction of the Public Works Director, plan and supervise the activities of the Engineering Division. Oversee traffic engineering activities including conducting traffic engineering and transportation planning studies and preparing traffic construction plans. Oversee development review, improvement pla n and final map process including preparation of property/subdivision improvement agreements. Coordinate assigned activities and programs with other divisions, departments, and outside agencies. Provide complex technical and administrative support to the P ublic Works Director. This position directs management and supervisory responsibilities for the Engineering Division and assigned personnel. May act in the absence of or at the discretion of the Public Works Director as directed/authorized. Senior Maintenance Worker (DS) – Under direct supervision of the Operations Services Supervisor, perform and supervise maintenance work related to streets, wastewater, and trees section as assigned. Act for the supervisor in his/her absence or at his/her direction. Maintenance Worker II – Under direct supervision of the Operations Services Supervisor and/or the Senior Maintenance Worker, perform work in one of the three following sections as assigned: Parks and Landscape, Water, Streets/Sewers/Trees. Employees in this job classification may rotate/transfer between the sections noted above as determined by the City and will be required to fully meet the job requirements, including the obtaining of certifications, when assigned to a specific section for an extended perio d of time. Maintenance Worker I – Under direct supervision of the Senior Maintenance Worker, perform work in one of the three following sections as assigned: Parks and Landscape, Water, Streets/Sewers/Trees. Employees in this job classification may rotat e/transfer between the sections noted above as determined by the City and will be required to fully meet the job requirements, including the obtaining of certifications, when assigned to a specific section for an extended period of time. Maintenance Worker Assistant – Under direct supervision of a Senior Maintenance Worker and under the guidance of a Maintenance Worker I/II, perform work in one of the three following sections as assigned: Parks and Landscape, Water, Streets/Sewers/Trees. Employees in this job classification may rotate/transfer between the sections noted above as determined by the City. Employees in this job classification are in a learning mode and initially will receive a lot of direct supervision. As the employee learns the job, less direct supervision may be required. 6.H.b Packet Pg. 67 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Element II: Organization City of Gilroy: Sewer System Management Plan, August 2019 page 15 Management Analyst – This is a journey-level, exempt position in which the incumbent works independently, or as part of a team, on professional level work involving significant analytical ability. Under general supervision of the Director of Public Works, perform a variety of budget, project and program management, administrative, and research work. May develop and evaluate management projects and policy issues. May be assigned to supervise full-time and part -time employees as well as volunteers. May rotate amongst different Management Analyst positions in different departments as needed by the organization. Senior Civil Engineer – Under the general supervision of the City Engineer or Public Works Director, heads a section of the Engineering Division and/or directs and manages varied operations within the Engineering Division; supervises assigned employees; directs and performs complex, professional -level field and office engineering activities involving the design, development and construction of a variety of public works and transportation projects, private development review, and General Plan and Master Plan updates. Depending upon assigned responsibilities, employees in this job classification may be authorized t o utilize one of the following working job titles: Development Engineer, Capital Projects Engineer, or Transportation Engineer. Engineer I/II – Under direct supervision of the Senior Civil Engineer, perform professional or sub-professional engineering work in the field and office involving the design, investigation, development and construction of a wide variety of public works facilities. Office Assistant – Under direct supervision of the assigned department secretary and/or Department Head, perform clerical work according to specific routines. Office Assistant – Under supervision performs a variety of routine to difficult clerical support to the Operations Division which may include receptionist duties, typing, word processing, recordkeeping and filing. Reports to the Deputy Director of Operations. Pretreatment Program Manager SCRWA – Responsible through the authority in the Joint Powers Agreement with the City of Gilroy for the education, operations, management and enforcement of the City fats, oils an d grease (FOG) programs to protect the collection system from the discharge of FOG that could result in sanitary sewer overflows (SSO) and will help reduce operations and maintenance costs. Reports to City of Gilroy Administrator/SCRWA General Manager. Contracted Service Providers – The City relies on outside contractors and sister agencies to provide some sanitary sewer system operations and maintenance. These services include CCTV and condition assessment and operations, maintenance and condition asse ssment of the Gavilan Pump Station and force main owned by the City of Gilroy. In addition , the SCRWA provides pretreatment permitting and FOG control activities for the City of Gilroy and Morgan Hill. The City also contracts annually for root control maintenance services. 6.H.b Packet Pg. 68 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Element II: Organization City of Gilroy: Sewer System Management Plan, August 2019 page 16 II-3. Responsibility for SSMP Implementation and Maintenance The Deputy Public Works Director - Operations shall have the overall responsibility for, implementing, periodically auditing, and maintaining the City’s SSMP . He/she may delegate these responsibilities to his/her staff. Other City Staff responsible for developing, implementing, and maintaining specific elements of the City’s SSMP, along with their job titles and contact information, are shown in Table II – 1 below. Table II – 1: Responsible Officials in the Public Works Chain of Communication Element Element Name Responsible City Official Phone Email Introduction Deputy Director of Public Works - Operations 408-846-0275 damian.skinner@cityofgilroy.org 1 Goals Deputy Director of Public Works - Operations 408-846-0275 damian.skinner@cityofgilroy.org 2 Organization Deputy Director of Public Works - Operations Works 408-846-0275 damian.skinner@cityofgilroy.org 3 Legal Authority Director of Public Works 408-846-0260 Girum,awoke@cityofgilroy.org 4 O & M Program; Appendices IV-1 to IV-5 Operations Supervisor Streets, Sewer & Forestry 408-846-0281 bill.avila@cityofgilroy.org 5 Design and Performance Provisions City Engineer 408-846-0277 Gary.heap@cityofgilroy.org 6 OERP Operations Supervisor Streets, Sewer & Forestry 408-846-0281 bill.avila@cityofgilroy.org 7 Fats, Oils and Grease (FOG) Control Program Deputy Fire Marshall 408-846-0436 Jonathon.crick@cityofgilroy.org 8 System Evaluation and Capacity Assurance Plan Deputy Director of Public Works - Operations 408-846-0275 damian.skinner@cityofgilroy.org 6.H.b Packet Pg. 69 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Element II: Organization City of Gilroy: Sewer System Management Plan, August 2019 page 17 Element Element Name Responsible City Official Phone Email 9 Monitoring, Measurement and Program Modifications Deputy Director of Public Works - Operations 408-846-0275 damian.skinner@cityofgilroy.org 10 Program Audits Deputy Director of Public Works - Operations 408-846-0275 damian.skinner@cityofgilroy.org 11 Communications Program Community Engagement Coordinator 408-846-0443 Rachelle.bedell@cityofgilroy.org App A SSMP Council Adoption Documents Deputy Director of Public Works - Operations 408-846-0275 damian.skinner@cityofgilroy.org App B SSMP Audit Reports Deputy Director of Public Works - Operations 408-846-0275 damian.skinner@cityofgilroy.org App C SSMP Audit Checklist Deputy Director of Public Works - Operations 408-846-0275 damian.skinner@cityofgilroy.org App D SSMP Change Log Deputy Director of Public Works - Operations 408-846-0275 damian.skinner@cityofgilroy.org App E Overflow Emergency Response Plan Operations Supervisor Streets, Sewer & Forestry 408-846-0281 bill.avila@cityofgilroy.org App F Water Quality Monitoring Plan Deputy Director of Public Works - Operations 408-846-0275 damian.skinner@cityofgilroy.org II-4. SSO Reporting Chain of Communication The SSO Reporting Chain of Communications follows the Organization Chart shown above in Figure II – 1: Gilroy Public Works Department Organization Chart . The SSO Reporting process and responsibilities are described in summary in the Overflow Emergency Response Plan in Element VI and in the f ull OERP in Appendix E. The Overview of Sewer Overflow Response is shown below. 6.H.b Packet Pg. 70 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Element II: Organization City of Gilroy: Sewer System Management Plan, August 2019 page 18 Figure II – 2: Overview of Sewer Overflow Response Receive notification of Overflow/ Backup Is the spill inside a building or outside? Business Hours (408) 846-0460 Recreation Services receives the call, gathers caller’s name, address, phone number, and nature of the complaint. 1. Dispatch Field Crew 2. Instruct Field Crew to complete the Work Task Sheet and the Sanitary Sewer Overflow Response Packet WHAT TO TELL THE CUSTOMER (See Field Guide for tips) • Clearly communicate who will respond, estimated time they will arrive and what area(s) will need to be accessed. • Clearly communicate that a blockage in the sewer main line will be promptly cleared, but that the City is not allowed to work on a blockage in the property owner's/resident's service lateral line. Use general terms that the caller can understand, and give the caller your name for future reference. • Show concern and empathy for the property owner/resident, but do not admit or deny liability. • Instruct the caller to turn off any appliances that use water and to shut off any faucets inside the home. • Instruct the caller to keep all family members and pets away from the affected area. • Instruct the caller to place towels, rags, blankets, etc. between areas that have been affected and areas that have not been affected. • Instruct the caller to not remove any contaminated items – let the professionals do this. • Instruct the caller to turn off their HVAC system. • Instruct the caller to move any uncontaminated property away from impacted areas. NO OUTSIDE YES INSIDE Non-Business Hours Callers are directed to call Non- Emergency Communications Dispatch at (408) 846-0350 1. Provide Customer with the contact info for the responsible Agency 2. Then notify the responsible Agency 1. Dispatch Field Crew 2. Instruct Field Crew to complete the Work Task Sheet and the Sanitary Sewer Backup Response Packet Forwards call to Standby Employee 1. Contact customer reporting the problem. 2. Gather caller ’s name, address of the problem and call back number. Forwards request to: Forwards to Streets, Wastewater and Trees Section Is the overflow/backup in the service area? 6.H.b Packet Pg. 71 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Element III: Legal Authority City of Gilroy: Sewer System Management Plan, August 2019 page 19 Element III: Legal Authority III-1. Municipal Code The Gilroy Municipal Code (GMC) describes the City’s current legal authority required for compliance with the GWDR . That authority is specifically contained within Chapter 9 Sewers and Sewage Disposal of the Municipal Code and minimally in other Municipal Code Titles that are summarized in Table III – 1 below. In addition, all FOG related authorities are included in the SCRWA Pretreatment and Sewer Use Ordinance #93 -1. Table III – 1: Summary of Legal Authorities Requirement Legal Authority Reference Prevent illicit discharges into the wastewater collection system GMC Article VII Sections19.100; .102 SCRWA Sec 1 Limit the discharge of fats, oils, and grease and other debris that may cause blockages GMC 19.8 to .10 GMC 19.102(j) and (k) SCRWA Sec 2 Require that sewers and connections be properly designed and constructed GMC 19.61 and .62 GMC Require proper installation, testing, and inspection of new and rehabilitated sewers GMC 19.60 to .62 GMC City Design and Construction Standards Clearly define City responsibility and policies GMC 19.96 Control infiltration and inflow (I/I) from private service laterals GMC 19.100 Legal Authority: Each Enrollee must demonstrate, through sanitary sewer system use ordinances, service agreements, or other legally binding procedures, that it possesses the necessary legal authority to: a. Prevent illicit discharges into its sanitary sewer system (examples may include I/I, stormwater, chemical dumping, unauthorized debris and cut roots, etc.); b. Require that sewers and connections be properly designed and constructed; c. Ensure access for maint enance, inspection, or repairs for portions of the lateral owned or maintained by the Public Agency; d. Limit the discharge of fats, oils, and grease and other debris that may cause blockages, and e. Enforce any violation of its sewer ordinances. 6.H.b Packet Pg. 72 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Element III: Legal Authority City of Gilroy: Sewer System Management Plan, August 2019 page 20 Requirement Legal Authority Reference Requirements to install grease removal devices (such as traps or interceptors), design standards for the grease removal devices, maintenance requirements, BMP requirements, record keeping and reporting requirements GMC 6.1(e) GMC 6.15 and .16 GMC 19.6.6(5) GMC 19.103 Authority to inspect grease producing facilities SCRWA Sec 2 SCRWA Sec 4 Enforce any violation of its sewer ordinances GMC 19.19 SCRWA Sec 1 and 3 III-2. Agreements with Satellite Agencies The City entered into a Joint Powers Agreement (JPA) with the City of Morgan Hill in 1979 that formed the South County Regional Wastewater Authority (SCRWA) for the purposes of transport and treatment of sewage from the Morgan Hill and the Gilroy service areas . The treatment plant is operated by the City of Gilroy that provides both pretreatment and FOG program services to Gilroy pursuant to the SCRWA NPDES Permit CA0049664 Section C6b. The JPA includes the construction, operation and maintenance of a seven (7) mile joint trunk sewer system that transports sew age from both Cities to the treatment facility. The City shares the operations and maintenance responsibilities for the trunk sewer according to assigned capacity ratio which is defi ned in the JPA and summarized in Table III-2 on the next page. Table III – 2: City of Gilroy and City of Morgan Hill Sewer Trunk Operations and Maintenance Responsibilities Reach Capacity Total, mgd Morgan Hill Gilroy Capacity O&M Responsibility, Percentage Capacity O&M Responsibility, Percentage R 1-2 4 4 100 0 0 R 2-3 5.5 4 73 1.5 27 R 3-4 5.5 4 73 1.5 27 R 4-5 5.7 4 70 1.7 30 R 5-6 6.6 4 61 2.6 39 R 6-7 8.7 4 46 4.7 54 R 7-8 7.0 4 57 3.0 43 R 8-9 8.5 4 47 4.5 53 R 9-10 10.3 4 39 6.3 61 R 10-11 11.5 4 35 7.5 65 6.H.b Packet Pg. 73 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Element III: Legal Authority City of Gilroy: Sewer System Management Plan, August 2019 page 21 Reach Capacity Total, mgd Morgan Hill Gilroy Capacity O&M Responsibility, Percentage Capacity O&M Responsibility, Percentage R 11-12 10.8 3.1 29 7.7 71 R 12-13 2.74 1.37 50 1.37 50 6.H.b Packet Pg. 74 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Element IV: Operations and Maintenance Program City of Gilroy: Sewer System Management Plan, August 2019 page 22 Element IV: Operations and Maintenance Program IV 1. Collection System Mapping The City has a Geographic Information System (GIS) that includes the information for its wastewater collection system assets including all gravity lines and manholes, pump stations, pressure pipe, siphons and other appurtenances. The GIS maps include basic asset information of size, materialand flow direc tion; specific asset identification numbers for each asset and operational elevations and GPS coordinates. The City has in the past, maintained an EXCEL database of all sewer system assets that is being migrated to a new CityWorks flow Operation and Maintenance Program . The SSMP must include those elements listed below that are appropriate and applicable to the Enrollee’s system: a. Maintain an up -to-date map of the sanitary sewer system, showing all gravity line segments and manholes, pumping facilities, pressure pipes and valves, and applicable stormwater conveyance facilities; b. Describe routine preventive operation and maintenance activities by staff and contractors, including a system for scheduling regular maintenance and cleaning of the sanitary sewer system with more frequent cleaning and maintenance targeted at known problem areas. The Preventative Maintenance (PM) program shou ld have a system to document scheduled and conducted activities, such as work orders; c. Develop a rehabilitation and replacement plan to identify and prioritize system deficiencies and implement short -term and long- term rehabilitation actions to address each deficiency. The program should include regular visual and TV inspections of manholes and sewer pipes, and a system for ranking the condition of sewer pipes and scheduling rehabilitation. Rehabilitation and replacement should focus on sewer pipes that ar e at risk of collapse or prone to more frequent blockages due to pipe defects. Finally, the rehabilitation and replacement plan should include a capital improvement plan that addresses proper management and protection of the infrastructure assets. The plan shall include a time schedule for implementing the short- and long-term plans plus a schedule for developing the funds needed for the capital improvement plan; d. Provide training on a regular basis for staff in sanitary sewer system operations and maintenance, and require contractors to be appropriately trained; and e. Provide equipment and replacement part inventories, including identification of critical replacement parts. 6.H.b Packet Pg. 75 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Element IV: Operations and Maintenance Program City of Gilroy: Sewer System Management Plan, August 2019 page 23 management system. The current GIS mapping system include s the majority of the storm water pipe systems. An Engineering Technician on an as needed basis maintains the current sewer maps. These maps are available to the field crews during the course of their work in the field vehicles. The base sewer system maps are in need of further repair and conformation which will be completed as part of the migration to the new asset management and work order system CityWorks for both the sanitary sewer and the storm systems. IV 2. Preventive Operation and Maintenance The elements of the City’s sewer system O&M program include: Proactive, preventive, and corrective maintenance of gravity sewers; Ongoing CCTV inspection program to determine the c ondition of the gravity sewers ; Periodic inspection and preventive maintenance for the pump station and force main by SCRWA; Rehabilitation and replacement of sewers that are in poor condition; and Proper training for City employees and contractors to assure proper operations and maintenance of the collection system facilities. The City’s Engineering and Operations Divisions of the Public Works Department identified below in Figure IV-1 Organization Chart are responsible for the normal maintenance and operations of the City’s sanitary sewer collection system and the proper planning and capital improvement programming of these systems. Figure IV – 1: Gilroy Engineering and Operations Department Organization Chart 6.H.b Packet Pg. 76 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Element IV: Operations and Maintenance Program City of Gilroy: Sewer System Management Plan, August 2019 page 24 IV–2.1. Gravity Sewer Maintenance The City has two programs to flush its Sanitary Sewer System main lines– High Priority Cleaning and system wide cleaning. High Priority Cleaning is conducted either monthly or every three (3) to four (4) months on lines requiring regular maintenance. Smaller diameter lines of 10” and under represent 130.77 miles of the City’s inventory. The City proactively flushes small diameter lines through the System Wide Cleaning Program. The city is divided into eighteen (18) sewer maintenance zones which are are shown in Figure IV-2 below. The historical line cleaning results are shown in Table IV – 3: Historical System Wide Cleaning Results High Priority Cleaning Results. The majority of large diameter lines, (12) inch in diameter or larger, are currently not maintained except as needed. The City will be evaluating cleaning frequency in the future once the condition assessment of the high priority and large diameter lines are completed. The evaluation of maintenance for these large lines will include an evaluation of how and when maintenance should be done either by City staff or service contractors. City collection system staff maintains not only the sewer system but also many other public works infrastructure assets in the City Public Works operations. Figure IV – 2: Sewer Maintenance Zones Reference Guide Table IV – 1: Routine High Priority Cleaning Lines Frequency Pipe Segments Linear Feet Annual Cleaning, Linear Feet Annual Cleaning, miles 6.H.b Packet Pg. 77 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Element IV: Operations and Maintenance Program City of Gilroy: Sewer System Management Plan, August 2019 page 25 Frequency Pipe Segments Linear Feet Annual Cleaning, Linear Feet Annual Cleaning, miles Monthly 48* 24,825 297,900 56.42 4-Month Cycle 224 131,968 395,894 74.98 Totals 272 156,793 693,794 121.17 *Includes monthly siphon cleaning Table IV – 2: Historical High Priority Cleaning Line Cleaning Results Calendar Year Line Cleaning Results, linear feet Line Cleaning Results, miles Percent of System Pipes < 12 inch (130.77 miles) 2015 769,296 145.7 114.2 2016 631,488 119.6 91.5 2017 552,288 104.6 80.0 2018 648,384 122.8 93.9 Average per Year 650,496 123.2 94.2 Table IV – 3: Historical System Wide Cleaning Results Calendar Year Line Cleaning Results, linear feet Line Cleaning Results, miles Percent of System Pipes < 12 inch (130.77 miles) 2015 6336 1.2 0.92 2016 282,480 53.5 40.9 2017 102,960 19.5 14.9 2018 240,768 45.6 34.9 Average per Year 158,136 29.95 22.9 Return Frequency 4.37 years The City currently employs two cleaning crews, one for high priority cleaning and one assigned system wide cleaning in the eighteen sewer maintenance zones . In addition, one crew is assigned the responsibility for general complaint response and for the marking of utilities for underground services alert (USA) and other Public Works related activities . In 2019/20 the City will be adding one additional crew to form a condition assessment crew utilizing a newly purchased CCTV vehicle. 6.H.b Packet Pg. 78 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Element IV: Operations and Maintenance Program City of Gilroy: Sewer System Management Plan, August 2019 page 26 The line cleaning crew s in the future will be required to evaluate cleaning results based upon the Standard Sewer Cleaning Results derived from the City’s Standard Measured of Observed Results for small diameter sewer lines shown in Figure IV-2 on the following page. The use of th ese new Standard Methods along with the new CCTV crew will allow the City to develop new need -based cleaning schedules changing many of the high frequency lines to a more need-based program. Staff will place line segments on a higher or lower frequency schedule based upon past cleaning results, history of blockages, SSO events, history of cleaning results, video inspections and professional j udgment. The current high frequency maintenance schedule only adds lines and very seldom remove line segments. Currently there are 272 pipe segments on the high frequency program totaling 156,793 linear feet. Summary statistics for the high frequency line s are shown in Table IV-2: High Priority Cleaning Lines on the following page. The City has developed seventeen separate Codes of Safe Practices (COSP) for operating procedures for employee activities in the sewer program and with equipment and vehicles used in the collection system. The list of Codes of Safe Practice are listed in Table IV -3 below: Table IV – 4: Gilroy Codes of Safe Practice Listing Backhoe Power Rodder Confined Spaces – Awareness Level Saw, Chop – Electric Drive Safety – Motor Vehicles Three Points of Contact Dump Truck Tools – Hand Excavation, Trenching, Shoring Tools – Pneumatic Fall Protection Working from Heights Tools – Power Hydraulic Jack Vactor Truck Ladder Safety - Portable Work Zone Safety/Traffic Control Personnel Protective Equipment The City staff will be working to develop additional sewer system standard operating procedures for the addition and removal of lines from the high frequency program in the next two years. This will assure proper cleaning efficiencies and will assist with a better understanding of the requirements for high frequency maintenance activities and may lead to repair or pipe rehabilitations or more aggressive discharger enforcement from the discharge rs of fats, oils and grease. Figure IV – 3: Standard Measures of Observed Results for Collection System Line Cleaning Category None Low Medium High 6.H.b Packet Pg. 79 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Element IV: Operations and Maintenance Program City of Gilroy: Sewer System Management Plan, August 2019 page 27 Category None Low Medium High Debris / Grit Code: CL No observable debris or grit Code: DL Minor amount of debris 15 minutes or less to clean 1 Pass Code: DM Less than 5 gallons of debris 15-30 minutes to clean 2-3 passes required Requires cleaning twice or less per year Only fine grit Code: DH More than 5 gallons of debris More than 30 minutes to clean More than 4 passes required Requires cleaning four times per year Operator concern for future stoppage Grease Code: CL No observable grease Code: GL Minor amounts of grease 15 minutes or less to clean 1 pass Code: GM Small chunks / no “logs” 15-30 minutes to clean 2-3 passes required Requires cleaning twice or less per year Code: GH Big chunks / “Logs” More than 30 minutes to clean More than 4 passes required Operator concern for future stoppage Roots Code: CL No observable roots Code: RL Minor amounts of roots 15 minutes or less to clean 1 pass Code: RM Thin / Stringy roots present No large “clumps” 15-30 minutes to clean 2-3 passes required Code: RH Thick roots present Large “clumps” More than 30 minutes to clean More than 4 passes required Operator concern for future stoppage Other Code: CL No observable materials Code: OL Specify material Minor amounts of material Code: OM Specify material Less than 5 gallons of material Code: OH Specify material More than 5 gallons of material Operator concern for future stoppage Footnote: (a) Times shown are for typical manhole to manhole distance of 250 feet. Longer runs will require longer cleaning times. Judgement will need to be applied by the field crews for varying lengths and pipe diameters. IV 2.1.1. Joint Trunk Sewer Maintenance The City shares the operations and maintenance responsibilities of the joint truck sewer to the SCRWA Treatment Plat with Morgan Hill according to the assigned capacity ratios defined in the JPA and stated earlier in Table III-2. The Gilroy portion of the trunk is operated and maintained by Jacobs Engineering Group . The City is currently designing and will be constructing a parallel sewer trunk main that will be designed and operational in the next three years. This expansion is required to accommodate growth in the Gilroy service area. IV-2.1.2. Pipe Condition Assessment While the City does not current have a comprehensive program for the condition assessment of the entire system, the City will be hiring two (2) additional staff members and a new CCTV vehicle in 2019 and will begin a full condition assessment of all pipes ten inches or smaller and the associated manholes. In addition, all pipes within 200 feet of waterway will also be inspected and condition assessed. The assessments will follow the NASSCO standard rating systems for pipes (PACP) and manholes (MACP). The City will be developing a full system 6.H.b Packet Pg. 80 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Element IV: Operations and Maintenance Program City of Gilroy: Sewer System Management Plan, August 2019 page 28 condition assessment program with CCTV return frequencies based upon the CCTV Retu rn Frequency Flow Chart in Figure IV -6. The frequencies will be based upon the PACP condition of the pipe segment learned from the CCTV inspection targeting a ten (10) year frequency for most sewer lines . Additionally, the City will evaluate the use of the CCTV program to evaluate crew cleaning effectiveness through a QA/QC Program for up to 1% of the lines cleaning per year. This program could be used for training and to assure consistency in cleaning techniques across all sewer system cleaning activi ties.: Figure IV – 4: CCTV Return Frequency Flow Chart IV-2.1.3. Manhole Inspection Program The City currently monitors and inspects monthly a select list of manholes that are known to historically create potential operations and maintenance issues. If the manhole is not found to be flowing freely during an inspection, then additional maintenance in and around the pipe segments connected to the manhole is conducted to assure that these manholes do not create sanitary sewer overflows or operational proble ms. The City will be defining and implementing a fo rmal manhole inspection program based upon the NASSCO manhole rating system (MACP) as part of the regular cleaning operations. All problem conditions noticed during cleaning will be reported and appropriate repairs initiated. 6.H.b Packet Pg. 81 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Element IV: Operations and Maintenance Program City of Gilroy: Sewer System Management Plan, August 2019 page 29 This is a high priority for the City and will be fully implemented by the time of the next SSMP audit. IV-2.2. Pump Station The City operates and maintains 1 pump station. The City has contracted with Jacobs Engineering Group for the complete operations and maintenance of the pump station. SCRWA, through its service contractor, conducts regular maintenance and operational inspections of the pump station. The Gavilan Pump Station asset information is de scribed in Table IV – 5: Pump Station Locations and Table IV-5, Force Main Locations and Descriptions below. The pump station is checked twice a week and the engine generators are checked weekly. Monthly each of the engine generators are exercised and the wet wells are washed down and cleaned . Records of all maintenance activities are maintained by SCRWA. SCRWA will begi n conducting comprehensive pump station condition assessments annually utilizing the checklist in Supplement IV-1 Pump Station Condition Assessment Checklist . The pump station include SCADA monitoring systems that automatically alarms at the SCRWA treatment plant if unusual conditions or alarms are registered 24/7 . SCRWA has developed an emergency response plan for the station. The response plan is placed in the pump station and available at SCRWA. IV-2.3. Force Mains SCRWA, through its service contractors, maintains the pump station force mains from the pump station to the City collection system . The force main from the pump station is identified and described in the Table IV - 5: Force Main Locations and Description s Table IV – 5: Pump Station Locations and , below. Force main alignments will be inspected on an annual basis along with the Pump Station Inspection and documented on the Checklist. Discharge locations will be surveyed for possible damage and corrosion from the release of hydrogen sulfide when the force mains discharge to the gravity collection system . Table IV – 5: Pump Station Locations and Asset Information Pump Station Name Location Construct Date No. Pumps Pump GPM Pump Manu- facturer Pump HP Standby Generation- KW Gavilan College Mesa Rd @ Santa Teresa 1966 Rehab 1996 2 420 Flygt Model 3140 13.355 55 6.H.b Packet Pg. 82 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Element IV: Operations and Maintenance Program City of Gilroy: Sewer System Management Plan, August 2019 page 30 Table IV – 6: Force Main Locations and Descriptions Name of Pump Station Associated with Force Main Force Main Asset Information Year Constructed Length (linear feet) Size (inches) Material Type* Gavilan College 9 2 Unknown 847 4 Unknown Total, Linear Feet 856 Total, Miles 0.16 IV-2.4. Collection System Siphons As described in Intro Table 4, the City collection system contains thirteen (13) siphons throughout the collection system . The siphon asset information is provided in Intro Table 4 and total length is 3,822 linear feet ranging in size from six inches to fifteen inches. All siphons pipelines are cleaned monthly and represents 45,864 linear feet per year of the annual cleaning performance results. IV-2.5. Root Foaming The City has recently utilized chemical root control service contractors to address root issues as summarized in Table IV-6, Historical Chemical Root Control Performance These service contractors supplements the C ity cleaning efforts. Calendar Year Pipe Segments Linear Feet Miles Average Segment, linear feet 2018 54 15,764 2.99 292 2019 63 15,723 2.98 250 IV-2.6. Private Sewer Laterals The City since 2000 has established a Sewer Lateral Maintenance Policy that defines the responsibilities of both the property owner and the City of Gilroy. The City has no responsibility for the installation, maintenance, operation, or repair of the private sewer laterals (PSL) connected to the City mains . The private lateral extends from the building on the property to the City’s main line. The City is responsible for repairs to sewer laterals within the public right-of-way. The City may voluntarily report private sewer lateral SSOs (PLSD) into the State CIWQS database as they become aware of the overflows. 6.H.b Packet Pg. 83 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Element IV: Operations and Maintenance Program City of Gilroy: Sewer System Management Plan, August 2019 page 31 IV-2.7. Rehabilitation and Replacement Program The City’s Capital Improvement Plan for the next five (5) years was developed from the CCTV inspection program that evaluated the condition of gravity sewers that are 10 inches in diameter and above and that include PACP condition assessment of each line segment . The information gathered during the condition assessment is used to select gravity sewers for repair/rehabilitation/replacement . The City has completed a Sewer System Master Plan in 2004 that includes a list of all known and capacity identified improvements to collection system lines, pump stations and force mains . The City has incorporated all necessary new improvements into the capital improvement program for the next several years as well as developing the associated additional funding requirements for these necessary improvements. The projects currently identified are included in the City’s Capital Improvement Program listed in Supplement IV-2. The funds that support the Capital Improvement Program come from the City’s sewer service charges that are based upon regular sewer service charge rate analysis. IV-2.8. Training The City uses a combination of in -house classes, safety tailgate sessions and field exercises; on the job training; conferences, seminars, OSHA classes and other training opportunities in northern California. The City requires its Maintenance Worker II to be certified in Collection System Maintenance by the California Water Environment Association. The certification process requires employees to demonstrate that they have participated in 12 hours of training every two (2) years in order to renew their certificates . Currently 50% of the sewer system employees hold certifications from Grade I to Grade III. The City has developed a list training requirements for all sewer system employees. The City will conduct department training sessions for its collection system employees on both the SSMP and OERP including the City WQMP annually including volume estimation and SSO start time determinations. This training includes field exercises in the estimation of SSO volume and SSO containment . In addition, the City conducts annual conf ined space entry and certification for all employees who might be required to enter confined spaces anywhere in the City . All confined space entries follow the COSP IV-2.9. Equipment and Replacement Parts The list of the major equipment that the City uses in the operation and maintenance of its sewer system is included in Supplement IV-3: Major Sewer System Equipment Inventory . The City has developed a Critical Replacement Parts List . It has also developed a list of Replacement Parts Inventory that is included in Supplement IV-4: Critical Sewer System 6.H.b Packet Pg. 84 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Element IV: Operations and Maintenance Program City of Gilroy: Sewer System Management Plan, August 2019 page 32 Replacement Parts Inventory . The City keeps replacement pumps on the shelf for all the pump stations at the City Maintenance Yard. IV-2.10. Outreach to Sewer Service Contractors Working for Us The City requires all service contractors to be aware of emergency response requirements for sanitary sewer overflows and provides necessary reporting information for all sewer related problems and emergency response requirements. The City’s standard service and construction contract language requires all contractors working in the wastewater collection system to provide training for their employees on the City’s Sanitary Sewer Overflow Emergency Re sponse Plan or demonstrate they have been trained on an equival ent emergency response plan of their own . IV-3. References City of Gilroy Codes of Safe Practice 6.H.b Packet Pg. 85 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Element IV: Operations and Maintenance Program City of Gilroy: Sewer System Management Plan, August 2019 page 33 Supplement IV-1: Pump Station Condition Assessment Checklist Inspection Information Inspection date Inspection participants Facility name Facility address Comments Background Information (Prior 12 Months) SSOs Equipment failures Alarm history (attach copy) Major maintenance activities (attach list if applicable) Pending work orders (attach copies) Operating problems (attach copy of operating log) Comments Security Features Fence and gate External lighting Visibility from street Doors and locks Intrusion alarm(s) Signs with emergency contact information Other security features Comments Safety Features and Equipment Signage (confined space, automatic equipment, hearing protection, etc.) Fall protection Emergency communication Equipment hand guards 6.H.b Packet Pg. 86 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Element IV: Operations and Maintenance Program City of Gilroy: Sewer System Management Plan, August 2019 page 34 Safety Features and Equipment Handrails and kickboards Platforms and grating Tag out and lock out equipment Hearing protection Eye wash Chemical storage Comments External Appearance Fence Landscaping Building Control panels Other external features Comments Building/Structure Pump Station building Control room Dry well Wet well Other structures Comments Instrumentation and Controls (including SCADA Facilities) Control panel Run time meters Flow meter Wet well level Alarms SCADA HMI/PLC Other instrumentation and controls Comments Electrical and Switch Gear Power drop Transformers 6.H.b Packet Pg. 87 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Element IV: Operations and Maintenance Program City of Gilroy: Sewer System Management Plan, August 2019 page 35 Electrical and Switch Gear Transfer switches Emergency generator and generator connection Starters Variable frequency drives Electrical cabinets Conduit and wireways Other electrical Comments Motors Lubrication Insulation Operating current Vibration and alignment Other Comments Pumps Lubrication Vibration and alignment Seals Indicated flow and discharge pressure Shutoff head Corrosion and leakage evidence Drive shaft Other Comments Valves and Piping Valve operation Valve condition Pipe condition Pipe support Other Comments 6.H.b Packet Pg. 88 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Element IV: Operations and Maintenance Program City of Gilroy: Sewer System Management Plan, August 2019 page 36 Other Lighting Ventilation Support systems (air, water, etc.) Signage Employee facilities Sump pump Overhead crane Portable pump connections Portable pumps Comments Supplement IV-2: Gilroy Sewer Capital Improvement Program Project Title FY2019 FY2020 FY2021 FY2022 FY2023 Sewer Repair and Rehabilitation 250,000 250,000 250,000 250,000 250,000 Total 250,000 250,000 250,000 250,000 250,000 Supplement IV-3: Major System Equipment Inventory Equipment Number Equipment Description Date In Service 3502 Vactor Combo Sewer Line Cleaner 2005 3747 Vactor Combo Sewer Line Cleaner 2017 4206 Case Backhoe 2002 3746 10-Wheel Dump Truck 2017 3207 Dump Truck 2003 3208 Dump Truck 2003 2007 Utility Truck 2001 2410 Utility Truck 2004 2806 Utility Truck 2008 2807 Utility Truck 2008 2725 Ford Crew Cab Pick-up Truck 2017 6.H.b Packet Pg. 89 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Element IV: Operations and Maintenance Program City of Gilroy: Sewer System Management Plan, August 2019 page 37 Equipment Number Equipment Description Date In Service 2813 Ford Pick-up Truck 2008 N/A 3-Inch Godwin Trash Pump 2017 New CCTV Van 2019 Supplement IV-4: Critical Sewer System Replacement Parts Inventory Qty Description Mfg Part# 1 Standby Generator Detroit Diesel 50DS 2 Submersible Sewage pump Flygt 3140.09 1 Facility Alarm Dialer Raco Verbatium 1 6" Mag flow meter Elsag Bailey Process Automation 10DX4311 1 Emergency Breaker Square D FAL34100 2 Motor Breaker Square D FAL34040 1 Control Breaker Square D FAL12015 1 Main Circuit Breker Square D FAL12030 2 Motor Starter (size 2) Square D 8536-SDO1V02S 1 Control Power Transformer Square D 9070-T3000D1 1 Control Transformer Square D 9070-TF75D23S12 2 Fuse Gould OTM-5/250 2 Fuse Gould ATQR-10/600V 3 Fuse Gould ATM-1/600V 7 Fuse Holder Littlefuse L60030M1PQ 2 (NO,NC) Contact Square D 9001KA3 16 Contact Relay (120Vac) Potter B. KRPA14AN-120 18 11 Pin Socket IDEC SR3P-05 1 Auto Alternator (13SP) Flygt 14-40 31 86 3 Time Delay Flygt 14-40 31 91 1 Time Delay Square D JCK13V20 6.H.b Packet Pg. 90 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Element IV: Operations and Maintenance Program City of Gilroy: Sewer System Management Plan, August 2019 page 38 Qty Description Mfg Part# 1 Phase Monitor Flygt 14-40 31 88 1 Telephone Jack Allen Tel 5 Basin Float Switch (40') Grainger 5828859 6.H.b Packet Pg. 91 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Element V: Design and Performance Provisions City of Gilroy: Sewer System Management Plan, August 2019 page 39 Element V: Design and Performance Provisions V-1. Design Criteria for Installation, Rehabilitation and Repair The City’s Wastewater Collection System Design Criteria are administered by the Engineering Division of the Public Works Department. The Design Standards and Standard Details for Construction are included in Section 3, Sanitary Sewer Design Standards. In addition, Section 3 of the Standard Details provides construction details for collection system infrastructure. V-1.1. New Pipe and Appurtenances The City has established standards for both new construction and renewal and replacement work associated with the collection system infrastructure. These standards include de sign standards for pipes, manholes, laterals, materials and placement of pipes and manholes into the City system. These standards are supported by the sewer section of the standards details. These standards are regularly reviewed and modified as new and in novative construction techniques and materials are approved for use in the City. The last major revisions to the standards and details provides all the details required on improvement plans submitted for approval by the City Public Works Department. Requests for modification or relief from the City standards can only be considered and ultimately approv ed by the Director of Engineering and Utility Services . V-1.2. Pump Station The City requires that all new or rehabilitated pump stations be designed b y a registered engineer and approved by the Director of Public Works before construction and acceptance by the City Council for maintenance. Design and Performance Provisions: a. Design and construction standards and specifications for the installation of new sanitary sewer systems, pump stations and other appurtenances; and for the rehabilitation and repair of existing sanitary sewer systems; and b. Procedures and standards for insp ecting and testing the installation of new sewers, pumps, and other appurtenances and for rehabilitation and repair projects. 6.H.b Packet Pg. 92 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Element V: Design and Performance Provisions City of Gilroy: Sewer System Management Plan, August 2019 page 40 V-1.3. Private Sewer Systems and Private Laterals All private sewer systems and private sewer laterals are required to be designed, installed, inspected and accepted per the City Building Division and Section 3.8 of the Design Standards and Standard Details S-I and S-2. V-2. Inspection and Testing Criteria The City’s Wastewater Collection System Inspection and Testin g Criteria for pipelines are defined in Section S -I and S-II of the Standard Details. All testing must be approved by the City prior to consideration for acceptance for operation and maintenance by the City Council. V-2.1. New and Rehabilitated Pump stations Construction standards and acceptance provisions for new and rehabilitated pump stations are established through the design process and are part of the approval of the plans and specifications for the new or rehabilitated pump station. The City will evaluate the need for City specific pump station standards and details to be added to current City standards no later than the 2019 SSMP audit. V-2. References City of Gilroy Design Standards & Standard Details for Construction 6.H.b Packet Pg. 93 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Element VI: Overflow Emergency Response Plan City of Gilroy: Sewer System Management Plan, August 2019 page 41 Element VI: Overflow Emergency Response Plan VI-1. Purpose The purpose of the City of Gilroy Overflow Emergency Response Plan (OERP) is to support an orderly and effective response to Sanitary Sewer Overflows (SSOs). The OERP provides guidelines for City personnel to follow in responding to, cleanin g up, and reporting and record keeping of SSOs that may occur within the City’s service area . This OERP satisfies the SWRCB Statewide General Waste Discharge Requirements (GWDR), which require wastewater collection agencies to have an Overflow Emergency Re sponse Plan. However, this OERP was completed in 2014 and requires further review and evaluation as to compliance with current City practices and procedures. The review and update will be completed and adopted by the City Council prior to the next SSMP au dit. Overflow Emergency Response Plan - Each Enrollee shall develop and implement an overflow emergency response plan that identi fies measures to protect public health and the environment. At a minimum, this plan must include the following: a. Proper notification procedures so that the primary responders and regulatory agencies are informed of all SSOs in a timely manner; b. b) A program to ensure an appropriate response to all overflows; c. Procedures to ensure prompt notification to appropriate regulatory agencies and other potentially affected entities (e.g. health agencies, Regional Water Boards, water suppliers, etc.) of all SSOs tha t potentially affect public health or reach the waters of the State in accordance with the MRP. All SSOs shall be reported in accordance with this MRP, the California Water Code, other State Law, and other applicable Regional Water Board WDRs or NPDES perm it requirements. The SSMP should identify the officials who will receive immediate notification; d. Procedures to ensure that appropriate staff and contractor personnel are aware of and follow the Emergency Response Plan and are appropriately trained; e. Procedures to address emergency operations, such as traffic and crowd control and other necessary response activities; and f. A program to ensure that all reasonable steps are taken to contain and prevent the discharge of untreated and partially treated wastewate r to waters of the United States and to minimize or correct any adverse impact on the environment resulting from the SSOs, including such accelerated or additional monitoring as may be necessary to determine the nature and impact of the discharge. 6.H.b Packet Pg. 94 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Element VI: Overflow Emergency Response Plan City of Gilroy: Sewer System Management Plan, August 2019 page 42 VI-2. Policy The City’s employees are required to report all wastewater overflows found and to take the appropriate action to secure the wastewater overflow area, properly report to the appropriate regulatory agencies, relieve the cause of the overflo w, and ensure that the affected area is cleaned as soon as possible to minimize health hazards to the public and protect the environment. The City’s goal is to respond to sewer system overflows as soon as possible following notification. The City will follow reporting procedures regarding sewer spills as set forth by the San Francisco Regional Water Quality Control Board (SFRWQCB), the Central Coast Regional Water Quality Control Board (CCRWQCB), and the California State Water Resources Control Board (SWRCB). VI-3. Goals The City’s goals with respect to responding to SSOs are: Work safely; Respond quickly to minimize the volume of the SSO; Eliminate the cause of the SSO; Prevent sewage system overflows or leaks from entering the storm drain system or receiving waters to the maximum extent practicable; Contain the spilled wastewater to the extent feasible; Minimize public contact with the spilled wastewater; Mitigate the impact of the SSO; Meet the regulatory reporting requirements; Evaluate the causes of failure related to certain SSOs; and Revise response procedures resulting from the debrief and failure analysis of certain SSOs. VI-4. Full Overflow Emergency Response Plan The full copy of the City of Gilroy Overflow Emergency Response Plan effective October 2014 can be found in Appendix D along with copies of all instructions and forms in the Appendices referred to below. All SSO sampling and testing shall be conducted per a City specific Water Quality Monitoring Plan (WQMP) attached in Appendix E upon completion prior to the next SSMP Audit. 6.H.b Packet Pg. 95 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Element VI: Overflow Emergency Response Plan City of Gilroy: Sewer System Management Plan, August 2019 page 43 VI-5. Authority Health & Safety Code Sections 5410 -5416 CA Water Code Section 13271 Fish & Wildlife Code Sections 5650 -5656 State Water Resources Control Board Order No. 2006 -0003-DWQ State Water Resources Contro l Board Order 2013-009-DWQ effective September 9, 2013 VI-6. References Sanitary Sewer Overflow and Backup Response Field Guide, 2014, DKF Solutions Group, LLC Appendix A: Regulatory Notifications Packet Appendix B: Sanitary Sewer Overflow/Backup Respons e Packet Appendix C: Contractor Orientation Appendix D: Field Sampling Kit Appendix E: Sewer Service Request Form 6.H.b Packet Pg. 96 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Element VII: Fats, Oils, and Grease (FOG) Control Program City of Gilroy: Sewer System Management Plan, August 2019 page 44 Element VII: Fats, Oils, and Grease (FOG) Control Program VII-1. Nature and Extent of FOG Problem The development of a FOG control program was a two-step process. The first step was to determine the nature and extent of the FOG p roblems within the City’s collection system . The second step was to select the elements of a FOG Control Program that would address the identified problems and problem areas. The City of Gilroy has evaluated its collection system and determined that a FOG Control Program is needed. The City must comply with the SCRWA Pretreatment and Sewer Use Ordinance #93 -1 Section 2.13. SCRWA has prepared, FOG Control Program: Each Enrollee shall evaluate its service area to determine whether a FOG control program is needed. If an Enrollee determines that a FOG program is not needed, the Enrollee must provide justification for why it is not needed. If FOG is found to be a problem, the Enrollee must prepare and implement a FOG source control program to reduce the amount of these substances discharged to the sanitary sewer system. This plan shall include the following as appropriate: a. An implementation plan and schedule for a public education outreach program that promotes proper disposal of FOG; b. A plan and schedule for the disposal of FOG generated within the sanitary sewer system service area. This may include a list of acceptable disposal facilities and/or additional facilities needed to adequately dispose of FOG generated withi n a sanitary sewer system service area; c. The legal authority to prohibit discharges to the system and identify measures to prevent SSOs and blockages caused by FOG; d. Requirements to install grease removal devices (such as traps or interceptors), design standards for the removal devices, maintenance requirements, BMP requirements, record keeping and reporting requirements; e. Authority to inspect grease producing facilities, enforcement authorities, and whether the Enrollee has sufficient staff to inspect and enf orce the FOG ordinance; f. An identification of sanitary sewer system sections subject to FOG blockages and establishment of a cleaning maintenance schedule for each section; and g. Development and implementation of source control measures for all sources of FOG discharged to the sanitary sewer system for each section identified in (f) above. 6.H.b Packet Pg. 97 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Element VII: Fats, Oils, and Grease (FOG) Control Program City of Gilroy: Sewer System Management Plan, August 2019 page 45 implemented and enforced a FOG Control Program to reduce the amount of these substances discharged to the sanitary s ewer since 1993. Operations and maintenance staff have noted the tendency for grease buildup in specific sewer lines in the downtown area where restaurants are located. Once a specific line is identified, the information is provided to the Fire Marshal for investigation and/or enforcement. The City’s primary FOG control contribution consists of regular and high frequency cleaning and maintenance as discussed in Element IV. SCRWA and the City have identified and permitted 126 food service establishments (FSEs) in the City of Gilroy and 131 in the City of Morgan Hill . The City and SCRWA have proactively worked to reduce the impacts of FOG on the collection system. Table VII-1below lists the total number of FOG -related mainline SSOs by calendar year. Table VII – 1: Historical FOG-Related SSOs Calendar Year Number 2011 1 2012 0 2013 0 2014 0 2015 1 2016 0 2017 0 2018 1 Total 3 VII-2. Response to GWDR Requirements Requirement (a): An implementation plan and schedule for a public education outreach program should promote proper disposal of FOG. Response: The City relies on the SCRWA to provide public information and outreach for the FOG Control Program . The City enhances the effort by providing bill stuffers regarding FOG and FOG controls. Requirement (b): A plan and schedule for the disposal of FOG generated within the sanitary sewer system service area. This may include a list of acceptable disposal facilities and/or 6.H.b Packet Pg. 98 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Element VII: Fats, Oils, and Grease (FOG) Control Program City of Gilroy: Sewer System Management Plan, August 2019 page 46 additional facilities needed to adequately dispose of FOG generated within a sanitary sewer system service area. Response: The SCRWA has developed a list of businesses able to accept or haul FOG that is available from the Operations Division Requirement (c): The legal authority to prohibit discharges to the s ystem and identify measures to prevent SSOs and blockages caused by FOG. Response: The Gilroy Municipal Code provides the legal basis and authority (see Element 3) for the City’s FOG Control Program . In addition, the SCRWA in Section 2.13 of the Sewer Use Ordinance. Requirement (d): Requirements to install grease removal devices (such as traps or interceptors), design standards for the grease removal devices, maintenance requirements, BMP requirements, record keeping and reporting requirements. Response: SCRWA Ordinance #93-1, Section 2.13 addresses requirements for grease removal devices. In addition, the City has adopted the 2016 California Plumbing Code which also provides authority for grease removal devices. Requirement (e): Authority to inspect grease producing facilities, enforcement authorities, and determination of whether the collection system Gilroy has sufficient staff to inspect and enforce the FOG ordinance. Response: The inspection and enforcement for FOG related problems are included in Sectio n 5, Enforcement of the SCRWA Sewer Use Ordinance. Requirement (f) and (g): Requirement (f) is an identification of sewer system sections subject to FOG blockages and the establishment of a cleaning maintenance schedule for each section, and Requirement (g) is the development and implementation of source control measures, for all sources of FOG discharged to the sewer system . 6.H.b Packet Pg. 99 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Element VII: Fats, Oils, and Grease (FOG) Control Program City of Gilroy: Sewer System Management Plan, August 2019 page 47 Response: The City has identified and maintains many collection system lines and siphons on a high frequency line maintenance list . These lines have experienced grease accumulation in the past and are cleaned on varying frequencies based upon severity . The single largest area for high frequency maintenance is the downtown area with the highest concentration of restaurants. The high frequency program currently lists approximately 10.25 miles of collection system lines (6.5% of the collection system) that are cleaned on one of the following frequencies as stated in Table IV-2 High Frequency Lines: Monthly Every four (4) months Cleaning frequencies depend on the history of stoppages or overflows on a line or from results of regular cleaning results and CCTV following blockages or overflows . The City will establish a process and procedure for the addition and removal of lines from the high frequency list no later than the next SSMP Audit. 6.H.b Packet Pg. 100 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Element VIII: System Evaluation and Capacity Assurance Plan City of Gilroy: Sewer System Management Plan, August 2019 page 48 Element VIII: System Evaluation and Capacity Assurance Plan VIII-1. System Evaluation - Collection System Master Plan The City completed its last Sewer System Master Plan (SMP) in May 2004 by Carollo Engineers. The SMP evaluated City growth, prepared a sewer system hydraulic model, evaluated necessary improvements and established a multi -year capital improvement program for the City. Since that time the City has completed many of the project and established a multi-year repair and rehabilitation plan for the sanitary sewer system. System Evaluation and Capacity Assurance Plan : The Enrollee shall prepare and implement a capital improvement plan (CIP) that will provide hydraulic capacity of key sanitary sewer system elements for dry weather peak flow conditions, as well as the appropriate design storm or wet weather event. At a minimum, the plan must include: a. Evaluation: Actions needed to evaluate those portions of the sanitary sewer system that are experiencing or contributing to an SSO discharge caused by hydraulic deficiency. The evaluation must provide estimates of peak flows (including flows from SSOs that escape from the system) associated with conditions similar t o those causing overflow events, estimates of the capacity of key system components, hydraulic deficiencies (including components of the system with limiting capacity) and the major sources that contribute to the peak flows associated with overflow events; b. Design Criteria: Where design criteria do not exist or are deficient, undertake the evaluation identified in (a) above to establish appropriate design criteria; and c. Capacity Enhancement Measures: The steps needed to establish a short - and long-term CIP to address identified hydraulic deficiencies, including prioritization, alternatives analysis, and schedules. The CIP may include increases in pipe size, I/I reduction programs, increases and redundancy in pumping capacity, and storage facilities. The CIP shall include an implementation schedule and shall identify sources of funding. d. Schedule: The Enrollee shall develop a schedule of completion dates for all portions of the capital improvement program developed in (a)-(c) above. This schedule shall be revi ewed and updated consistent with the SSMP review and update requirements as described in Section D. 14. 6.H.b Packet Pg. 101 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Element VIII: System Evaluation and Capacity Assurance Plan City of Gilroy: Sewer System Management Plan, August 2019 page 49 VIII-2. Design Criteria The capacity-related design criteria, including base wastewater flow and pe aking factors, included a hypothetical five (5) year, 24-hour design storm across the service area resulting in an increase in system I/I. Dry weather flows were estimated by applying land use coefficients against the general plan areas and then adding the results of the design flow defined here. These criteria resulted in an anticipate d wet weather maximum day and peak hour flows from the City system in 2020 of 6.6 MGD and 20.0 MGD respectively. Flows measured at the SCRWA in 2016 were 3.7 MGD and 7.3 MGD. Dry weather maximum day and peak hour flows at the treatment plant for the same period were 2.8 MGD and 5.4 MGD respectively. In addition, the Plan developed and adopted design criteria for gravity sewer lines and pump stations in the City. VIII-3. Capacity Enhancement Measures - Capital Improvement Program The City prepares an annual five-year list of capital improvement projects that includes projects to address wastewater collection system capacity issues. Engineering Staff prioritize and select the projects to be included on the annual list. All capacity related projects identified in the Plan are contained in Five-year Renewal and Replacement Budget of $1,250,000 in Supplement IV-3. The City’s Capital Improvement Program Budget is included as Supplement IV-3. VIII-4. Schedule The current schedule for the City’s capacity enhancement projects does not include any capacity related improvement projects in Supplement IV-3. However, this list will be revised, as necessary, based upon future condition assessments and maintenance resul ts. VIII-5. References City of Gilroy Sewer System Master Plan , May 2004, Carollo Engineers 6.H.b Packet Pg. 102 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Element IX: Monitoring, Measurement, and Program Modifications City of Gilroy: Sewer System Management Plan, August 2019 page 50 Element IX: Monitoring, Measurement, and Program Modifications IX-1. Performance Measures The indicators that the City will use to measure the performance of its wastewater collection system and the effectiveness of its SSMP are: Total number of dry weather SSOs Total number of wet weather SSOs Total number of SSOs Total number of repeat SSOs Number of SSOs per 100 miles Number of SSOs caused by (roots, grease, debris, pipe failure, capacity, pump station failure and other) Amount of root control performed (LF) or miles Amount of CCTV performed (LF) or miles Number of SSOs less than 100 gallons Number of SSOs 100 to 999 gallons Number of SSOs 1,000 to 9,999 gallons Number of SSOs greater than 10,000 Total volume of SSOs Monitoring, Measurement, and Program Modifications: The Enrollee shall: a. Maintain relevant information that can be used to establish and prioritize appropriate SSMP activities; b. Monitor the implementation and, where appropriate, measure the effectiveness of each element of the SSMP; c. Assess the success of the preventative maint enance program; d. Update program elements, as appropriate, based on monitoring or performance evaluations; and e. Identify and illustrate SSO trends, including: frequency, location, and volume. 6.H.b Packet Pg. 103 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Element IX: Monitoring, Measurement, and Program Modifications City of Gilroy: Sewer System Management Plan, August 2019 page 51 Total volume recovered Volume of spilled sewage discharged to surface water Average response time (minutes) during regular business hours Average response time (minutes) during after hours, weekend and holidays Amount of System Wide Cleaning performed (LF) or miles Amount of High Priority Cleaning performed (LF) or miles Number of spot sewer repairs completed IX-2. Baseline Performance The City has performance measures in place and it will evaluate its performance annually following the end of the fiscal year. The historical, or baseline, performance is shown separately for gravity mains/pump stations/force mains and lower laterals. IX-3. Mains, Pump Stations, and Force Mains The baseline performance and SSO trends for gravity mains, pump stations, and force mains is shown on the following tables and figures by calendar year. Table IX – 1: Gravity Sewer, Pump Station, and Force Main SSOs by Fiscal Year FY Gravity Sewer SSOs Pump Station SSOs Force Main SSOs 2007 6 0 0 2008 9 0 0 2009 8 0 0 2010 1 0 0 2011 3 0 0 2012 1 0 0 2013 2 0 0 2014 0 0 0 2015 1 0 0 2016 0 0 0 2017 0 0 0 2018 2 0 0 Total 33 0 0 6.H.b Packet Pg. 104 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Element IX: Monitoring, Measurement, and Program Modifications City of Gilroy: Sewer System Management Plan, August 2019 page 52 Figure IX – 1: Trend in all SSOs per Fiscal Year Table IX – 2: CY SSOs by Cause CY Roots Debris Grease Other Total 2007 0 1 5 0 6 2008 0 2 5 2 9 2009 1 5 2 0 8 2010 1 0 0 0 1 2011 1 1 1 0 3 2012 0 1 0 0 1 2013 1 1 0 0 2 2014 0 0 0 0 0 2015 0 0 1 0 1 2016 0 0 0 0 0 2017 0 0 0 0 0 2018 0 1 1 0 2 0 1 2 3 4 5 6 7 8 9 10 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018Overflows per Calendar Year 6.H.b Packet Pg. 105 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Element IX: Monitoring, Measurement, and Program Modifications City of Gilroy: Sewer System Management Plan, August 2019 page 53 Figure IX – 2: Trend in SSOs by Cause Table IX – 3: FY Spilled Volume Totals (Volume Spilled, Portion Contained, and Volume to Surface Waters) Calendar Year Total Volume Spilled, gallons Volume Recovered, gallons Total Volume to Surface Waters, gallons Percentage Recovered Percentage Reaching Waters 2007 910 608 0 66 0 2008 975 730 0 74 0 2009 1825 1285 0 70 0 2010 38 38 0 100 0 2011 380 75 0 19 0 2012 20 20 0 100 0 2013 120 75 5 62 4 2014 0 0 0 0 0 2015 1000 600 400 60 40 2016 0 0 0 0 0 2017 0 0 0 0 0 2018 19,515 15 0 0 0 0 1 2 3 4 5 6 7 8 9 10 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 Debris Grease Roots Other 6.H.b Packet Pg. 106 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Element IX: Monitoring, Measurement, and Program Modifications City of Gilroy: Sewer System Management Plan, August 2019 page 54 Figure IX – 3: Total Spill Volume / Calendar Year, Gallons Figure IX – 4: Comparison of SSO Rate per 100 Miles of Sewers 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 Spill Volume, gallons 910 975 1825 38 380 20 120 0 1000 0 0 19515 0 2000 4000 6000 8000 10000 12000 14000 16000 18000 20000 Gallons Total Spill Volume/Calendar Year, gallons 0.00 1.00 2.00 3.00 4.00 5.00 6.00 7.00 8.00 2013 2014 2015 2016 2017 2018 Comparative SSO Rates/100 Miles City Region 3 State 6.H.b Packet Pg. 107 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Element IX: Monitoring, Measurement, and Program Modifications City of Gilroy: Sewer System Management Plan, August 2019 page 55 IX-4. Performance Monitoring and Program Changes The City will evaluate the performance of its wastewater collection system at least annually using the performance measures identified in this Element. The City will update the data and analysis at the time of the evaluation and will place the annual performance report in Appendix B of the SSMP. The City may use other performance measures in its evaluation . The City will prioritize its actions and initiate changes to this SSMP, its operations and mai ntenance practices, and any related programs based on the results of the evaluation. This will be done as part of the biannual self-audit (see Element X). IX-5. References The data used in this section were taken from: CIWQS SSO data as of May 17, 2019 6.H.b Packet Pg. 108 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Element X: SSMP Program Audits City of Gilroy: Sewer System Management Plan, August 2019 page 56 Element X: SSMP Program Audits X-1. Audits The City will audit its implementation and compliance with the provisions of this SSMP every two years from the original adoption date as required by the WDR. SSMP Audit Reports will be filed in Appendix B. The audit will be conducted by a team consisting of City Staff selected from the Public Works Department. The audit team may also include members from other areas of the City, outside agencies, or consultants. During the SSMP audit, the City will conduct a record keeping audit of its SSO files to assure that that the files are complete, contain all required records as stated in the MRP and that the files contain no extraneous or conflicting information. The Sewer System Management Plan Audit Checklist (Supplement X-1) is used to guide the audit process and includes the GWDR requirements for each SSMP element . The results of the audit, including the identification of any deficiencies and the steps taken or planned to correct them will be included in a separate certified Audit Report. Upon completion of the audit report and certification by the LRO, the City will place a copy of the final Audit Report and Checklist in Appendix B, Sewer System Annual Audit Reports of this SSMP . Modifications and changes to the SSMP identified during the audit or between audits will be tracked in Appendix D, SSMP Change Log. The audit can contain information about successes in implementing the most recent version of the SSMP and identify revisions that may be needed for a m ore effective program. Information collected can be used in preparing the audit. Tables and figures or charts can be used to summarize information about performance indicators. An explanation of the SSMP development, and accomplishments in improving the se wer system, should be included in the audit report, including: How Gilroy implemented the sewer system SSMP elements in the past year; The effectiveness of implementing each SSMP element; SSMP Program Audits - As part of the SSMP, the Enrollee shall conduct periodic internal audits, appropriate to the size of the system and the number of SSOs. At a minimum, these audits must occur every two years and a report must be prepared and kept on file. This audit shall focus on evaluating the effectiveness of the SSMP and the Enrollee’s compliance with the SSMP requirements identified in this subsection (D.13), including identification of any deficiencies in the SSMP and steps to correct them. 6.H.b Packet Pg. 109 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Element X: SSMP Program Audits City of Gilroy: Sewer System Management Plan, August 2019 page 57 A description of the additions and improvements made to the sanitary sewer collection system in the past reporting year; and A description of the additions and improvements planned for the upcoming reporting year with an estimated schedule for implementation. X-2. SSMP Updates The City will recertify its SSMP at least ever y five years from original City Council adoption date of April 7, 2011and approval or when substantial changes are made in the SSMP . The City will determine the need to update its SSMP more frequently based on the results of the audits and the performance of its wastewater collection system using information from the Monitoring and Measuring Program Element IX. In the event the City decides that an update is warranted, the process to complete the update will be identified . The City will complete the update and take the revisions to the City Council within one year of identifying the need for the update. 6.H.b Packet Pg. 110 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Element X: SSMP Program Audits City of Gilroy: Sewer System Management Plan, August 2019 page 58 Supplement X-1: SSMP Audit Checklist City of Gilroy SSMP Audit Checklist Report Form The purpose of the SSMP Audit is to evaluate the effectiveness of the City of Gilroy SSMP and to identify any needed for improvement. The information identified here will be used to inform the findings and necessary information to be evaluated during the biannual Internal Audit of the City SSMP. Directions: Please rank each item below utilizing the following sufficiency ranking system and add any comments to explain the ranking to the Comment Section of each SSMP Element: Complies (C) – complies with all WDR objectives Substantially Complies (SC) – complies mostly with all WDR objectives Partially Complies (PC) – complies with basic WDR objectives Marginal Compliance (MC) – complies minimally with basic objectives of the WDR Does Not Comply – does not comply with WDR objectives Element 0 – Introduction/Executive Summary A. B. C. D. Element I – Goals Rating A. Are the goals stated in the SSMP still appropriate and accurate? Discussion: Element II – Organization Rating A. Is the List of City Staff Responsible for SSMP Elements current? B. Is the Sanitary Sewer Overflow Responder List current? C. Is the City Organization Chart current? 6.H.b Packet Pg. 111 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Element X: SSMP Program Audits City of Gilroy: Sewer System Management Plan, August 2019 page 59 D. Are the Staff position descriptions an accurate portrayal of staff responsibilities? E. Is the Chain of Communication for Reporting and Responding to SSOs section/flow chart accurate and up to date? Discussion: Element III – Legal Authority Rating Does the SSMP contain current references to the Gilroy Municipal Code documenting the City’s legal authority to: A. Prevent illicit discharges? B. Require proper design and construction of sewers and connections? C. Ensure access for maintenance, inspection, or repairs for portions of the lateral owned or maintained by the City? D. Limit discharges of fats, oils and grease? E. Enforce any violation of its sewer ordinances? F. Were any changes or modifications made in the past year to City Sewer Ordinances, Regulations or standards? Discussion: Element IV – Operations & Maintenance Collection System Maps Rating A. Does the SSMP reference the current process and procedures for maintaining the City’s wastewater collection system maps? B. Are the City’s wastewater collection system maps complete, current and sufficiently detailed? C. Are storm drainage facilities identified on the collection system maps? If not, are SSO responders able to determine locations of storm drainage inlets and pipes for possible discharge to waters of the state? Prioritized Preventive Maintenance Rating 6.H.b Packet Pg. 112 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Element X: SSMP Program Audits City of Gilroy: Sewer System Management Plan, August 2019 page 60 D. Does the SSMO describe current preventive maintenance activities and the system for prioritizing the cleaning of sewers? E. Based upon information in the Annual SSO Report, are the City’s preventive maintenance activities sufficient and effective in minimizing SSOs and blockages? Scheduled Inspections and Condition Assessments Rating F. Is there an ongoing condition assessment program sufficient to develop a capital improvement plan addressing the proper management and protection of infrastructure assets? Are the current components of this program documented in the SSMP? Contingency Equipment and Replacement Inventory Rating G. Does the SSMP list the major equipment currently used in the operation and maintenance of the collection system and documents the procedures of inventory management? H. Are contingency and replacement parts sufficient to respond to emergencies and properly conduct regular maintenance? Training Rating I. Does the SSMP document current training expectations and programs? Outreach to Plumbers and Building Contractors Rating J. Does the SSMP document currently outreach efforts to plumbers and building contractors? Discussion: Element V – Design and Performance Standards Rating A. Does the SSMP reference current design and construction standards for the installation for new sanitary sewer systems, pump stations and other appurtenances and for the rehabilitation and repair of existing sanitary sewer systems? B. Does the SSMP document current procedures and standards for inspecting and testing the installation of new sewers, pumps, and other appurtenances and the rehabilitation and repair of existing sewer lines? 6.H.b Packet Pg. 113 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Element X: SSMP Program Audits City of Gilroy: Sewer System Management Plan, August 2019 page 61 Discussion: Element VI – Overflow and Emergency Response Plan Rating A. Does the City’s Sanitary Sewer Overflow Emergency Response Plan establish procedures for the emergency response, notification, and reporting of SSOs? B. Is City staff and contractor personnel appropriately trained on the procedures of the Sanitary Sewer Overflow Emergency Response Plan? C. Considering SSO performance data, is the Sanitary Sewer Overflow Emergency Response Plan effective in handling SSOs in order to safeguard public health and the environment? D. Are all SSO and claims reporting forms current or do they require revisions or additions? E. Does all SSO event recordkeeping meet the SSS GWDR requirements? Are all SSO event files complete and certified in the CIWQS system? F. Is all information in the CIWQS system current and correct? Have periodic reviews of the data been made during the year to assure compliance with SSS GWDR? Have all Technical Report and Water Quality Sampling requirements been met and uploaded to the CIWQS data management system? Discussion: Element VII – Fats, Oils and Grease (FOG) Control Program Rating A. Does the FOG Control Program include efforts to educate the public on proper handling and disposal of FOG? B. Does the FOG Control Program identify sections of the collection system subject to FOG blockages, establish a cleaning schedule and address source control measures to minimize these blockages? C. Are requirements for grease removal devices, best management practices (BMP), record keeping, and reporting established in the City’s FOG Control Program? 6.H.b Packet Pg. 114 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Element X: SSMP Program Audits City of Gilroy: Sewer System Management Plan, August 2019 page 62 D. Does the City have sufficient legal authority to implement and enforce the FOG Control Program? E. Is the current FOG program effective in minimizing blockages of sewer lines resulting from discharges of FOG to the system F. Was required training on SSMP and OERP completed and documented? Were field exercises with field staff on SSO volume estimation conducted and documented? G. Did all public improvement plans and specifications that could impact collection system operations include requirements for OERP training or were contractor OERP programs at least as stringent as the City OERP? Were regular items included in project meeting agendas to discuss emergency response procedures and communications? Discussion: Element VIII – System Evaluation and Capacity Assurance Plan Rating A. Does the City of Gilroy Sewer System Master Plan evaluate hydraulic deficiencies in the system, establish sufficient design criteria and recommend both short and long-term capacity enhancement and improvement projects? B. Does the City’s Capital Improvement Plan (CIP) establish a schedule of approximate completion dates for both short and long- term capacity improvements and is the schedule reviewed and updated to reflect current budgetary capabilities and activity completed? Discussion: Element IX – Monitoring, Measurement and Program Modifications Rating A. Does the SSMP accurately portray the methods of tracking and reporting selected performance indicators? B. Is the City able to sufficiently evaluate the effectiveness of the SSMP elements based on relevant information? C. Do the performance metrics properly support the Goals in Element 1? 6.H.b Packet Pg. 115 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Element X: SSMP Program Audits City of Gilroy: Sewer System Management Plan, August 2019 page 63 Discussion: Element X – SSMP Audits Rating A. Will the SSMP Audit be completed, reviewed and filed in Appendix B? B. Was the final Audit Report presented to the governing body at a publicly noticed meeting? Discussion: Element XI – Community Program Rating A. Does the City effectively communicate with the public and other agencies about the implementation of the SSMP and continue to address any feedback? B. Did the City Council receive and review the Annual Sewer System Report? Was the annual report uploaded to the City Sewer Section website and added to Appendix C? C. Did City staff conduct and document meetings with satellite collection systems? D. Are all agreements with satellite systems current or are changes necessary to these agreements? Discussion: Change Log Rating A. Is the SSMP Change Log current and up to date? 6.H.b Packet Pg. 116 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Element X: SSMP Program Audits City of Gilroy: Sewer System Management Plan, August 2019 page 64 Discussion: Audit Team: Date: Prepared By: Date: Reviewed By: Date: Certified By: Date: Approved for Filing On Date: 6.H.b Packet Pg. 117 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Element XI: Communication Program City of Gilroy: Sewer System Management Plan, August 2019 page 65 Element XI: Communication Program XI-1. Communication during SSMP Development and Implementation The City’s Public Information Officer is responsible to coordinate all communications activities and for all materials on the City webpage including the posting of the Council adopted SSMP and all cited references . He/she is also responsible to assure that communications at the SCRWA complements the City communications programs. Information provided upon request to interested parties include s: a copy of completed sections of the SSMP, brochures and materials regard ing collection system operations and maintenance and contact information and/or opportunities for input into the development and implementation of the collection system operations. XI-2. Communication with Regional and Joint Wastewater Collection Systems The City regularly communicates with the City of Morgan Hill and the SCRWA on matters affecting the operations and maintenance of the trunk sewer, FOG issues an d wastewater treatment issues. These issues are also raised during regular SCRWA Board meetings conducted monthly. All meetings between the parties will be documented with a meeting agenda and meeting notes or minutes following each event. Communication Program – The Enrollee shall communicate on a regular basis with the public on the development, implementation, and performance of its SSMP. The communication system shall provide the public the opportunity to provide input to the Enrollee as the program is developed and implemented. The Enrollee shall also create a plan of communication with systems that are tributary and/or satellite to the Enrollee’s sanitary sewer system. 6.H.b Packet Pg. 118 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Appendices City of Gilroy: Sewer System Management Plan, August 2019 page 66 Appendices 6.H.b Packet Pg. 119 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Appendix A: Sewer System Management Plan Adoption Documents City of Gilroy: Sewer System Management Plan, August 2019 page 67 Appendix A: Sewer System Management Plan Adoption Documents 6.H.b Packet Pg. 120 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Appendix B: Sewer System Management Audit Reports City of Gilroy: Sewer System Management Plan, August 2019 page 68 Appendix B: Sewer System Management Audit Reports 6.H.b Packet Pg. 121 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Appendix C: Sewer System Management Plan Change Log City of Gilroy: Sewer System Management Plan, August 2019 page 69 Appendix C: Sewer System Management Plan Change Log City of Gilroy SSMP Changes Log Date SSMP Element # Description of Change/Revision Made Person Authorizing Change 6.H.b Packet Pg. 122 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Appendix D: Overflow Emergency Response Plan (OERP) City of Gilroy: Sewer System Management Plan, August 2019 page 70 Appendix D: Overflow Emergency Response Plan (OERP) 6.H.b Packet Pg. 123 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Appendix D: Overflow Emergency Response Plan (OERP) City of Gilroy: Sewer System Management Plan, August 2019 page 71 6.H.b Packet Pg. 124 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Appendix D: Overflow Emergency Response Plan (OERP) City of Gilroy: Sewer System Management Plan, August 2019 page 72 6.H.b Packet Pg. 125 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Appendix D: Overflow Emergency Response Plan (OERP) City of Gilroy: Sewer System Management Plan, August 2019 page 73 6.H.b Packet Pg. 126 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Appendix D: Overflow Emergency Response Plan (OERP) City of Gilroy: Sewer System Management Plan, August 2019 page 74 6.H.b Packet Pg. 127 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Appendix D: Overflow Emergency Response Plan (OERP) City of Gilroy: Sewer System Management Plan, August 2019 page 75 6.H.b Packet Pg. 128 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Appendix D: Overflow Emergency Response Plan (OERP) City of Gilroy: Sewer System Management Plan, August 2019 page 76 6.H.b Packet Pg. 129 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Appendix D: Overflow Emergency Response Plan (OERP) City of Gilroy: Sewer System Management Plan, August 2019 page 77 6.H.b Packet Pg. 130 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Appendix D: Overflow Emergency Response Plan (OERP) City of Gilroy: Sewer System Management Plan, August 2019 page 78 6.H.b Packet Pg. 131 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Appendix D: Overflow Emergency Response Plan (OERP) City of Gilroy: Sewer System Management Plan, August 2019 page 79 6.H.b Packet Pg. 132 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Appendix D: Overflow Emergency Response Plan (OERP) City of Gilroy: Sewer System Management Plan, August 2019 page 80 6.H.b Packet Pg. 133 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Appendix D: Overflow Emergency Response Plan (OERP) City of Gilroy: Sewer System Management Plan, August 2019 page 81 6.H.b Packet Pg. 134 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Appendix D: Overflow Emergency Response Plan (OERP) City of Gilroy: Sewer System Management Plan, August 2019 page 82 6.H.b Packet Pg. 135 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Appendix D: Overflow Emergency Response Plan (OERP) City of Gilroy: Sewer System Management Plan, August 2019 page 83 6.H.b Packet Pg. 136 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Appendix D: Overflow Emergency Response Plan (OERP) City of Gilroy: Sewer System Management Plan, August 2019 page 84 6.H.b Packet Pg. 137 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Appendix D: Overflow Emergency Response Plan (OERP) City of Gilroy: Sewer System Management Plan, August 2019 page 85 6.H.b Packet Pg. 138 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Appendix D: Overflow Emergency Response Plan (OERP) City of Gilroy: Sewer System Management Plan, August 2019 page 86 6.H.b Packet Pg. 139 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Appendix D: Overflow Emergency Response Plan (OERP) City of Gilroy: Sewer System Management Plan, August 2019 page 87 6.H.b Packet Pg. 140 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Appendix D: Overflow Emergency Response Plan (OERP) City of Gilroy: Sewer System Management Plan, August 2019 page 88 6.H.b Packet Pg. 141 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Appendix D: Overflow Emergency Response Plan (OERP) City of Gilroy: Sewer System Management Plan, August 2019 page 89 6.H.b Packet Pg. 142 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Appendix D: Overflow Emergency Response Plan (OERP) City of Gilroy: Sewer System Management Plan, August 2019 page 90 6.H.b Packet Pg. 143 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Appendix D: Overflow Emergency Response Plan (OERP) City of Gilroy: Sewer System Management Plan, August 2019 page 91 6.H.b Packet Pg. 144 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Appendix D: Overflow Emergency Response Plan (OERP) City of Gilroy: Sewer System Management Plan, August 2019 page 92 6.H.b Packet Pg. 145 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Appendix D: Overflow Emergency Response Plan (OERP) City of Gilroy: Sewer System Management Plan, August 2019 page 93 6.H.b Packet Pg. 146 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Appendix D: Overflow Emergency Response Plan (OERP) City of Gilroy: Sewer System Management Plan, August 2019 page 94 6.H.b Packet Pg. 147 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Appendix D: Overflow Emergency Response Plan (OERP) City of Gilroy: Sewer System Management Plan, August 2019 page 95 6.H.b Packet Pg. 148 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Appendix D: Overflow Emergency Response Plan (OERP) City of Gilroy: Sewer System Management Plan, August 2019 page 96 6.H.b Packet Pg. 149 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Appendix D: Overflow Emergency Response Plan (OERP) City of Gilroy: Sewer System Management Plan, August 2019 page 97 6.H.b Packet Pg. 150 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Appendix D: Overflow Emergency Response Plan (OERP) City of Gilroy: Sewer System Management Plan, August 2019 page 98 6.H.b Packet Pg. 151 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Appendix D: Overflow Emergency Response Plan (OERP) City of Gilroy: Sewer System Management Plan, August 2019 page 99 6.H.b Packet Pg. 152 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Appendix D: Overflow Emergency Response Plan (OERP) City of Gilroy: Sewer System Management Plan, August 2019 page 100 6.H.b Packet Pg. 153 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Appendix D: Overflow Emergency Response Plan (OERP) City of Gilroy: Sewer System Management Plan, August 2019 page 101 6.H.b Packet Pg. 154 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Appendix D: Overflow Emergency Response Plan (OERP) City of Gilroy: Sewer System Management Plan, August 2019 page 102 6.H.b Packet Pg. 155 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Appendix D: Overflow Emergency Response Plan (OERP) City of Gilroy: Sewer System Management Plan, August 2019 page 103 6.H.b Packet Pg. 156 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Appendix D: Overflow Emergency Response Plan (OERP) City of Gilroy: Sewer System Management Plan, August 2019 page 104 6.H.b Packet Pg. 157 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Appendix D: Overflow Emergency Response Plan (OERP) City of Gilroy: Sewer System Management Plan, August 2019 page 105 6.H.b Packet Pg. 158 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Appendix D: Overflow Emergency Response Plan (OERP) City of Gilroy: Sewer System Management Plan, August 2019 page 106 6.H.b Packet Pg. 159 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Appendix D: Overflow Emergency Response Plan (OERP) City of Gilroy: Sewer System Management Plan, August 2019 page 107 6.H.b Packet Pg. 160 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Appendix D: Overflow Emergency Response Plan (OERP) City of Gilroy: Sewer System Management Plan, August 2019 page 108 6.H.b Packet Pg. 161 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Appendix D: Overflow Emergency Response Plan (OERP) City of Gilroy: Sewer System Management Plan, August 2019 page 109 6.H.b Packet Pg. 162 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Appendix D: Overflow Emergency Response Plan (OERP) City of Gilroy: Sewer System Management Plan, August 2019 page 110 6.H.b Packet Pg. 163 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Appendix D: Overflow Emergency Response Plan (OERP) City of Gilroy: Sewer System Management Plan, August 2019 page 111 6.H.b Packet Pg. 164 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Appendix D: Overflow Emergency Response Plan (OERP) City of Gilroy: Sewer System Management Plan, August 2019 page 112 6.H.b Packet Pg. 165 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Appendix D: Overflow Emergency Response Plan (OERP) City of Gilroy: Sewer System Management Plan, August 2019 page 113 6.H.b Packet Pg. 166 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Appendix D: Overflow Emergency Response Plan (OERP) City of Gilroy: Sewer System Management Plan, August 2019 page 114 6.H.b Packet Pg. 167 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Appendix D: Overflow Emergency Response Plan (OERP) City of Gilroy: Sewer System Management Plan, August 2019 page 115 6.H.b Packet Pg. 168 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Appendix D: Overflow Emergency Response Plan (OERP) City of Gilroy: Sewer System Management Plan, August 2019 page 116 6.H.b Packet Pg. 169 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Appendix D: Overflow Emergency Response Plan (OERP) City of Gilroy: Sewer System Management Plan, August 2019 page 117 6.H.b Packet Pg. 170 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Appendix D: Overflow Emergency Response Plan (OERP) City of Gilroy: Sewer System Management Plan, August 2019 page 118 6.H.b Packet Pg. 171 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Appendix D: Overflow Emergency Response Plan (OERP) City of Gilroy: Sewer System Management Plan, August 2019 page 119 6.H.b Packet Pg. 172 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Appendix D: Overflow Emergency Response Plan (OERP) City of Gilroy: Sewer System Management Plan, August 2019 page 120 6.H.b Packet Pg. 173 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Appendix D: Overflow Emergency Response Plan (OERP) City of Gilroy: Sewer System Management Plan, August 2019 page 121 6.H.b Packet Pg. 174 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Appendix D: Overflow Emergency Response Plan (OERP) City of Gilroy: Sewer System Management Plan, August 2019 page 122 6.H.b Packet Pg. 175 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Appendix D: Overflow Emergency Response Plan (OERP) City of Gilroy: Sewer System Management Plan, August 2019 page 123 6.H.b Packet Pg. 176 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Appendix D: Overflow Emergency Response Plan (OERP) City of Gilroy: Sewer System Management Plan, August 2019 page 124 6.H.b Packet Pg. 177 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Appendix D: Overflow Emergency Response Plan (OERP) City of Gilroy: Sewer System Management Plan, August 2019 page 125 6.H.b Packet Pg. 178 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Appendix D: Overflow Emergency Response Plan (OERP) City of Gilroy: Sewer System Management Plan, August 2019 page 126 6.H.b Packet Pg. 179 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Appendix D: Overflow Emergency Response Plan (OERP) City of Gilroy: Sewer System Management Plan, August 2019 page 127 6.H.b Packet Pg. 180 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Appendix D: Overflow Emergency Response Plan (OERP) City of Gilroy: Sewer System Management Plan, August 2019 page 128 6.H.b Packet Pg. 181 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Appendix D: Overflow Emergency Response Plan (OERP) City of Gilroy: Sewer System Management Plan, August 2019 page 129 6.H.b Packet Pg. 182 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Appendix D: Overflow Emergency Response Plan (OERP) City of Gilroy: Sewer System Management Plan, August 2019 page 130 6.H.b Packet Pg. 183 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Appendix D: Overflow Emergency Response Plan (OERP) City of Gilroy: Sewer System Management Plan, August 2019 page 131 6.H.b Packet Pg. 184 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Appendix D: Overflow Emergency Response Plan (OERP) City of Gilroy: Sewer System Management Plan, August 2019 page 132 6.H.b Packet Pg. 185 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Appendix D: Overflow Emergency Response Plan (OERP) City of Gilroy: Sewer System Management Plan, August 2019 page 133 6.H.b Packet Pg. 186 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Appendix D: Overflow Emergency Response Plan (OERP) City of Gilroy: Sewer System Management Plan, August 2019 page 134 6.H.b Packet Pg. 187 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Appendix D: Overflow Emergency Response Plan (OERP) City of Gilroy: Sewer System Management Plan, August 2019 page 135 6.H.b Packet Pg. 188 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Appendix D: Overflow Emergency Response Plan (OERP) City of Gilroy: Sewer System Management Plan, August 2019 page 136 6.H.b Packet Pg. 189 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Appendix D: Overflow Emergency Response Plan (OERP) City of Gilroy: Sewer System Management Plan, August 2019 page 137 6.H.b Packet Pg. 190 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Appendix D: Overflow Emergency Response Plan (OERP) City of Gilroy: Sewer System Management Plan, August 2019 page 138 6.H.b Packet Pg. 191 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Appendix D: Overflow Emergency Response Plan (OERP) City of Gilroy: Sewer System Management Plan, August 2019 page 139 6.H.b Packet Pg. 192 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Appendix D: Overflow Emergency Response Plan (OERP) City of Gilroy: Sewer System Management Plan, August 2019 page 140 6.H.b Packet Pg. 193 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Appendix D: Overflow Emergency Response Plan (OERP) City of Gilroy: Sewer System Management Plan, August 2019 page 141 6.H.b Packet Pg. 194 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Appendix D: Overflow Emergency Response Plan (OERP) City of Gilroy: Sewer System Management Plan, August 2019 page 142 6.H.b Packet Pg. 195 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Appendix D: Overflow Emergency Response Plan (OERP) City of Gilroy: Sewer System Management Plan, August 2019 page 143 6.H.b Packet Pg. 196 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Appendix D: Overflow Emergency Response Plan (OERP) City of Gilroy: Sewer System Management Plan, August 2019 page 144 6.H.b Packet Pg. 197 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Appendix D: Overflow Emergency Response Plan (OERP) City of Gilroy: Sewer System Management Plan, August 2019 page 145 6.H.b Packet Pg. 198 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Appendix D: Overflow Emergency Response Plan (OERP) City of Gilroy: Sewer System Management Plan, August 2019 page 146 6.H.b Packet Pg. 199 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Appendix D: Overflow Emergency Response Plan (OERP) City of Gilroy: Sewer System Management Plan, August 2019 page 147 6.H.b Packet Pg. 200 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Appendix D: Overflow Emergency Response Plan (OERP) City of Gilroy: Sewer System Management Plan, August 2019 page 148 6.H.b Packet Pg. 201 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) Appendix E: Gilroy Water Quality Monitoring Plan City of Gilroy: Sewer System Management Plan, August 2019 page 149 Appendix E: Gilroy Water Quality Monitoring Plan To be added upon completion and approval by the LRO 6.H.b Packet Pg. 202 Attachment: GILROY SSMP Council Draft 10-21-19 (2019-147 : Adoption of Sewer System Management Plan) City of Gilroy STAFF REPORT Agenda Item Title: Authorization to the City Administrator to Issue One -time Personal Leave Hours in Fiscal Year 2019-2020 for Certain City Employee Groups Due to the Garlic Incident Meeting Date: October 7, 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 Authorize the City Administrator to execute side letter agreements and/or administrative memorandums with the following represented labor groups and unrepresented employee groups: a) AFSCME, Local101 (General & Supervisory Units) for eight (8) hours of additional personal leave; b) Gilroy Firefighters, IAFF, Local 2805 for twelve (12) hours of additional personal leave; c) Gilroy Police Officers Association for ten (10) hours of additional personal leave; d) Gilroy Management Association for eight (8) hours of additional personal leave; e) Unrepresented, confidential exempt and non-exempt employees for eight (8) hours of additional personal leave; f) Unrepresented hourly employees for scheduled work hours on July 29, 2019. 6.I Packet Pg. 203 BACKGROUND In response to the recent Garlic Festival Incident the City Administrator authorized the activation of the City’s Emergency Operations Center (EOC) on Sunday, July 28 th. In addition due to the nature of the incident, city offices were closed on Monday, July 29th for non-essential employees; only essential employees needed for the immediate emergency response were asked to report to duty that day. During the course of the incident, City employees were asked to take on a variety of additional duties and responsibilities to support the incident. Many Gilroy employees willingly worked extraordinary hours and shifts to assist with the City’s response to the incident. Some employees sacrificed planned vacations and other events to work when needed. Many other City employees were volunteering at the Festival, assisted victims, and helped with the evacuation of the park. However, as noted above, as the response to the incident moved forward, just about every employee assisted by covering shifts in the EOC, supporting the crime scene response, staffing the shelter, logistical support, staffing the call center, assisting community organizations with their community support efforts, and more. This additional work was in addition to normal duties and work required of city employees. Given the above, and consistent with Council’s authority, it is recommended that the following personal leave hours be granted to City employees for FY 20 only (Note: the personal leave hours vary due to the varied work schedules of city employees): a. Gilroy Firefighters, IAFF, Local 2805: Twelve (12) hours of additional personal leave to be used by June 30, 2020. b. Gilroy Police Officers Association: Ten (10) hours of additional personal leave to be used by June 30, 2020. c. AFSCME, Local101 (General & Supervisory Units): Eight (8) hours of additional personal leave to be used on July 29, 2019 if the employee did not work or to be used by June 30, 2020 if the employee did work on July 29, 2019. d. Gilroy Management Association: Eight (8) hours of additional personal leave to be used on July 29, 2019 if the employee did not work or to be used by June 30, 2020 if the employee did work on July 29, 2019. e. Unrepresented, confidential exempt and non-exempt employees: Eight (8) hours of additional personal leave to be used on July 29, 2019 if the employee did not work or to be used by June 30, 2020 if the employee did work on July 29, 2019. f. Unrepresented Part-Time/Temporary/Seasonal hourly employees: If the part- time/temporary/seasonal hourly employee was scheduled to work on July 29, 2019 and did not work, then the personal leave hours are intended to cover this time missed from work. FISCAL IMPACT 6.I Packet Pg. 204 There is no additional funding needed to provide personal leave time off as the time off is typically scheduled when another employee will not have to back -fill the employee on overtime. Furthermore, the closure of city offices on July 29th resulted in an opportunity and sunk cost since productivity of city tasks went without being performed. However, any time off does have a value and the estimated value to provide this additional one- time personal leave time to employees is estimated to be $1 30,000. NEXT STEPS Following City Council approval of the personal leave benefit, the City Administrator will execute side letter agreements with the Gilroy labor groups for this one -time (FY 20) added leave time as described above. In addition, for the unrepresented employees, the City Administrator will authorize the personal leave hours via an Administrative Memorandum. 6.I Packet Pg. 205 City of Gilroy STAFF REPORT Agenda Item Title: Council Consent to the Appointment of Scott Golden as Information Technology Director Pursuant to Charter Section 703 Meeting Date: October 7, 2019 From: Gabriel Gonzalez, City Administrator Department: Administration Submitted By: Gabriel Gonzalez Prepared By: Gabriel Gonzalez LeeAnn McPhillips Strategic Plan Goals ☐ Fiscal Stability ☐ Downtown Revitalization ☐ Economic Development ☐ Neighborhood Services ☐ Enhanced Public Safety Workforce Stability ☐ Public Engagement RECOMMENDATION Consent to the appointment of Scott Golden as Information Technology Director. BACKGROUND As part of the Fiscal Year 2020 & 2021 budget process, the City Council approved the creation of the Information Technology Department and an accompanying Director position to replace the current Information Technology Manager classification. In light of the many complex information technology initiatives in both the strategic plan and budget, the information technology function was identified as a top priority needing a leader reporting directly to the City Administrator. City Administrator Gonzalez recommends that Scott Golden, current Gilroy Information Technology Manager, be reclassified and appointed to the Information Technology Director position. 6.J Packet Pg. 206 DISCUSSION Scott Golden has served as Gilroy’s Information Technology (I.T.) Manager for over six years. Prior to working in Gilroy, Mr. Golden worked for the City of Salinas for over 12 years managing the organization’s I.T. function. Over his tenure with Gilroy, Mr. Golden has been assisting the city with its transition to E-Government Services. Recently, the City Council has provided funding to implement new technology initiatives and Mr. Golden has taken the lead to bring these initiatives to completion. Some of the project responsibilities include: Department support of the purchase and contract negotiation for a new Enterprise Resource Program (ERP) Department support of the purchase and contract negotiation for a new Land Management System (LMS) Development and implementation of the City’s I.T. Strategic Plan Formation and implementation of a City-wide Technology Governance Committee Software implementation within operating departments designed to improve customer service and/or achieve staff efficiencies Hiring and development of the information technology team Management and oversight of I.T. technical consultants for various projects including the network infrastructure equipment refresh and upcoming system security assessment Additional major initiatives that have been completed through Mr. Golden’s leadership include: Selection and implementation of newer generation Hewlett Packard servers and storage for City production applications, including increased availability and redundancy through internal cloud design Full upgrade of SunGard FinancePlus and CommunityPlus systems, Police Computer Aided Dispatch system, and Laserfiche Document Management system Implementation of the new City website Selection and implementation of modern generation wireless network in City Hall and the Police Department Upgrade of VOIP telecommunication system System security improvements including new perimeter and email security solutions 6.J Packet Pg. 207 Procurement and Implementation of modern presentation systems in conference rooms throughout City Hall and the Police Department Mr. Golden holds a Bachelor’s degree in Computer Science from the University of Michigan. He has extensive experience planning, evaluating, implementing, and maintaining networks, servers, personal computer systems, and associated software applications used by municipalities. In addition, he has strong project management and team leadership for technology initiatives such as system implementations, server migrations, wide scale desktop upgrades, new VOIP phone system implementations, and more. At its meeting of September 23, 2019, the City of Gilroy Personnel Commission approved the job description and pay range for the Information Technology Director classification. Therefore, at this time, the final step is for the City Council to consent the City Administrator’s recommendation to fill the Information Technology Director position. FISCAL IMPACT The funding for the increased compensation associated with the Information Technology Director position was included, and approved, in the Fiscal Year 2019-2020 and Fiscal Year 2020 -2021 budget. No new funding is needed at this time. RECOMMENDATION Consistent with Charter Section 703, City Administrator Gonzalez recommends the City Council consent the appointment of Scott Golden as Information Technology Director. 6.J Packet Pg. 208 City of Gilroy STAFF REPORT Agenda Item Title: Consideration and Direction to Gilroy's Voting Delegate to Support the 2019 League of California Cities Resolutions Meeting Date: October 7, 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 Direction to voting delegate Council Member Tovar to support the two resolutions being considered at the 2019 League of California Cities annual conference. BACKGROUND The League of California Cities (“League”) Annual Conference is scheduled October 16- 18 at the Long Beach Convention Center. As a member agency of the League of California Cities, Gilroy has the opportunity to participate in the consideration of resolutions that establish League policy at the annual business meeting being held on Friday, October 18th. The Council selected Council Member Fred Tovar as the City’s Voting Delegate (“Delegate”) at your August 19, 2019 regular meeting. 6.K Packet Pg. 209 This year, voting delegates will take action on two resolutions. Both resolutions are included with this staff report. The voting delegate-comprised General Assembly will convene to take action on the resolutions at the conference’s Annual Business Meeting, on Friday, Oct. 18 at 12:30 p.m. Policy development is a key part of the League’s legislative effectiveness and the League’s Annual Conference Resolutions process is one way that city officials can directly participate in the development of League policy. Any elected or appointed city official, individual city, division, department, policy committee, or the board of directors may submit a resolution for consideration at the conference. The resolutions for this year are: Resolution 1 – Amendment to Rule 20A by the California Public Utilities Commission Resolution 2 – International Transboundary Pollution Flows ANALYSIS Resolution 1 – Amendment to Rule 20A by the California Public Utilities Commission This resolution would call on the California Public Utilities Commission to amend Rule 20A to (a) add projects that are in “Very High fire Hazard Severity Zones” to the list of eligibility criteria and (b) increase funding allocations. According to the resolution: “if adopted, utilities will be incentivized to prioritize undergrounding projects that could potentially save millions of dollars and many lives.” It was submitted by the City of Rancho Palos Verdes and supported by a number of other similar cities with Wildland–Urban Interface zones. Resolution 1 Part a - Rule 20A Descriptions Tariff Rule 20 is the funding vehicle that allows communities to convert overhead power lines to underground ones. 20A is the category of projects that are 100 percent ratepayer funded and remove lines that are closely packed, in a high traffic right of way, or in a scenic area. The resolution would add “Very High fire Hazard Severity Zones” to the rule’s description. Resolution 1 Part b - Rule 20A Funding According to the CPUC “California has approximately 25,526 miles of transmission lines, approximately 239,557 miles of distribution lines, in which approximately 152,000 miles of distribution lines are overhead. Utilities convert less than 100 miles/year to underground. Therefore, it will take over a thousand years to convert our entire distribution system to underground. PG&E, SCE, and SDG&E serve approximately 11.4 million electric accounts. Therefore, $126 million dollars’ worth of projects completed in 2012 implies each electric account would pay ~$11/year or $1/month.” 6.K Packet Pg. 210 Further analysis and details are described in the attached 2019 Annual Conference Resolutions Packet. Resolution 2 – International Transboundary Pollution Flows This resolution would call upon the federal and state governments to address international pollution from Mexico’s Tijuana River that flows into the Pacific Ocean and then subsequently into parts of Southern California. Further analysis and details are described in the attached 2019 Annual Conference Resolutions Packet. It was submitted by the San Diego County Division of the League and supported by a number of other similar cities near the southern border. FISCAL IMPACT/FUNDING SOURCE None. NEXT STEPS The City’s Voting Delegate will represent the City of Gilroy at the General Assembly convened at the League’s Annual Conference and will vote according to the direction provided by the City Council. Attachments: 1. LOCC 2019 Annual Conference Resolutions Packet_ 6.K Packet Pg. 211 Annual Conference Resolutions Packet 2019 Annual Conference Resolutions Long Beach, California October 16 – 18, 2019 6.K.a Packet Pg. 212 Attachment: LOCC 2019 Annual Conference Resolutions Packet_ (2019-150 : 2019 League Resolutions) INFORMATION AND PROCEDURES RESOLUTIONS CONTAINED IN THIS PACKET: The League bylaws provide that resolutions shall be referred by the president to an appropriate policy committee for review and recommendation. Resolutions with committee recommendations shall then be considered by the General Resolutions Committee at the Annual Conference. This year, two resolutions have been introduced for consideration at the Annual Conference and referred to League policy committees. POLICY COMMITTEES: Two policy committees will meet at the Annual Conference to consider and take action on the resolutions referred to them. The committees are: Environmental Quality and Transportation, Communication & Public Works. The committees will meet from 9:00 – 11:00 a.m. on Wednesday, October 16, at the Hyatt Regency Long Beach. The sponsors of the resolutions have been notified of the time and location of the meeting. GENERAL RESOLUTIONS COMMITTEE: This committee will meet at 1:00 p.m. on Thursday, October 17, at the Hyatt Regency Long Beach, to consider the reports of the policy committees regarding the resolutions. This committee includes one representative from each of the League’s regional divisions, functional departments and standing policy committees, as well as other individuals appointed by the League president. Please check in at the registration desk for room location. ANNUAL LUNCHEON/BUSINESS MEETING/GENERAL ASSEMBLY: This meeting will be held at 12:30 p.m. on Friday, October 18, at the Long Beach Convention Center. PETITIONED RESOLUTIONS: For those issues that develop after the normal 60-day deadline, a resolution may be introduced at the Annual Conference with a petition signed by designated voting delegates of 10 percent of all member cities (48 valid signatures required) and presented to the Voting Delegates Desk at least 24 hours prior to the time set for convening the Annual Business Meeting of the General Assembly. This year, that deadline is 12:30 p.m., Thursday, October 17. Resolutions can be viewed on the League's Web site: www.cacities.org/resolutions. Any questions concerning the resolutions procedures may be directed to Carly Shelby cshelby@cacities.org 916-658-8279 or Nick Romo nromo@cacities.org 916-658-8232 at the League office. 1 6.K.a Packet Pg. 213 Attachment: LOCC 2019 Annual Conference Resolutions Packet_ (2019-150 : 2019 League Resolutions) GUIDELINES FOR ANNUAL CONFERENCE RESOLUTIONS Policy development is a vital and ongoing process within the League. The principal means for deciding policy on the important issues facing cities is through the League’s seven standing policy committees and the board of directors. The process allows for timely consideration of issues in a changing environment and assures city officials the opportunity to both initiate and influence policy decisions. Annual conference resolutions constitute an additional way to develop League policy. Resolutions should adhere to the following criteria. Guidelines for Annual Conference Resolutions 1. Only issues that have a direct bearing on municipal affairs should be considered or adopted at the Annual Conference. 2. The issue is not of a purely local or regional concern. 3.The recommended policy should not simply restate existing League policy. 4. The resolution should be directed at achieving one of the following objectives: (a)Focus public or media attention on an issue of major importance to cities. (b) Establish a new direction for League policy by establishing general principles around which more detailed policies may be developed by policy committees and the board of directors. (c)Consider important issues not adequately addressed by the policy committees and board of directors. (d) Amend the League bylaws (requires 2/3 vote at General Assembly). 2 6.K.a Packet Pg. 214 Attachment: LOCC 2019 Annual Conference Resolutions Packet_ (2019-150 : 2019 League Resolutions) LOCATION OF MEETINGS Policy Committee Meetings Wednesday, October 16, 9:00 – 11:00 a.m. Hyatt Regency Long Beach 200 South Pine Avenue, Long Beach The following committees will be meeting: 1.Environmental Quality 10:00 - 11:00 a.m. 2.Transportation, Communication & Public Works 9:00 - 10:00 a.m. General Resolutions Committee Thursday, October 17, 1:00 p.m. Hyatt Regency Long Beach 200 South Pine Avenue, Long Beach Annual Business Meeting and General Assembly Luncheon Friday, October 18, 12:30 p.m. Long Beach Convention Center 300 East Ocean Boulevard, Long Beach 3 6.K.a Packet Pg. 215 Attachment: LOCC 2019 Annual Conference Resolutions Packet_ (2019-150 : 2019 League Resolutions) KEY TO ACTIONS TAKEN ON RESOLUTIONS Resolutions have been grouped by policy committees to which they have been assigned. Number Key Word Index Reviewing Body Action 1 2 3 1 - Policy Committee Recommendation to General Resolutions Committee 2 – General Resolutions Committee 3 - General Assembly ENVIRONMENTAL QUALITY POLICY COMMITTEE 1 2 3 1 Amendment to Rule 20A 2 International Transboundary Pollution Flows TRANSPORTATION, COMMUNICATION & PUBLIC WORKS POLICY COMMITTEE 1 2 3 1 Amendment to Rule 20A Information pertaining to the Annual Conference Resolutions will also be posted on each committee’s page on the League website: www.cacities.org. The entire Resolutions Packet is posted at: www.cacities.org/resolutions. 4 6.K.a Packet Pg. 216 Attachment: LOCC 2019 Annual Conference Resolutions Packet_ (2019-150 : 2019 League Resolutions) KEY TO ACTIONS TAKEN ON RESOLUTIONS (Continued) Resolutions have been grouped by policy committees to which they have been assigned. KEY TO REVIEWING BODIES KEY TO ACTIONS TAKEN 1. Policy Committee A Approve 2. General Resolutions Committee D Disapprove 3. General Assembly N No Action R Refer to appropriate policy committee for study ACTION FOOTNOTES a Amend+ * Subject matter covered in another resolution Aa Approve as amended+ ** Existing League policy Aaa Approve with additional amendment(s)+ *** Local authority presently exists Ra Refer as amended to appropriate policy committee for study+ Raa Additional amendments and refer+ Da Amend (for clarity or brevity) and Disapprove+ Na Amend (for clarity or brevity) and take No Action+ W Withdrawn by Sponsor Procedural Note: The League of California Cities resolution process at the Annual Conference is guided by League Bylaws. A helpful explanation of this process can be found on the League’s website by clicking on this link: Guidelines for the Annual Conference Resolutions Process. 5 6.K.a Packet Pg. 217 Attachment: LOCC 2019 Annual Conference Resolutions Packet_ (2019-150 : 2019 League Resolutions) League of California Cities Resolution Process REGULAR RESOLUTIONS Policy Committee Action General Resolutions Committee Action Calendar Approve Approve Consent Calendar 1 Approve Disapprove or Refer Regular Calendar 2 Disapprove or Refer Approve Regular Calendar Disapprove or Refer Disapprove or Refer Does not proceed to General Assembly PETITION RESOLUTIONS Policy Committee Action General Resolutions Committee Action Calendar Not Heard in Policy Committee Approve Consent Calendar Not Heard in Policy Committee Disapprove or Refer Regular Calendar Not Heard in Policy Committee Disqualified per Bylaws Art. VI Does not proceed to General Assembly Resolutions •Submitted 60 days prior to conference Bylaws Article VI, Sec. 4(a) •Signatures of at least 5 supporting cities or city officials submitted with the proposed resolution Bylaws Article VI, Sec. 2 •Assigned to policy committee(s) by League president Bylaws Article VI, Sec. 4(b)(i) •Heard in policy committee(s) and report recommendation, if any, to GRC Bylaws Article VI, Sec. 4(b)(ii) •Heard in GRC Approved by policy committee(s) and GRC, goes on to General Assembly on consent calendar 2006 General Assembly Resolution Sec. 2(C) If amended/approved by all policy committee(s) to which it has been referred and disapproved by GRC, then goes on to General Assembly on the regular calendar. If not all policy committees to which it has been referred recommend amendment or approval, and the GRC disapproves or refers the resolution, the resolution does not move to the General Assembly 2006 General Assembly Resolution Sec. 2(A),(C); 1998 General Assembly Resolution, 1st Resolved Clause If disapproved by all policy committees to which it has been referred and disapproved by the GRC, resolution does not move to the General Assembly 2006 General Assembly Resolution Sec. 2(C) •Heard in General Assembly 1 The consent calendar should only be used for resolutions where there is unanimity between the policy committees and the GRC that a resolution should be approved by the General Assembly, and therefore, it can be concluded that there will be less desire to debate the resolution on the floor. 2 The regular calendar is for resolutions for which there is a difference in recommendations between the policy committees and the GRC. 6 6.K.a Packet Pg. 218 Attachment: LOCC 2019 Annual Conference Resolutions Packet_ (2019-150 : 2019 League Resolutions) Petitioned Resolutions •Submitted by voting delegate Bylaws Article VI, Sec. 5 (a) •Must be signed by voting delegates representing 10% of the member cities Bylaws Article VI, Sec. 5 (c) •Signatures confirmed by League staff •Submitted to the League president for confirmation 24 hours before the beginning of the General Assembly. Bylaws Article VI, Sec. 5 (d) •Petition to be reviewed by Parliamentarian for required signatures of voting delegates and for form and substance Bylaws Article VI, Sec. 5(e) •Parliamentarian’s report is presented to chair of GRC •Will be heard at GRC for action (GRC cannot amend but may recommend by a majority vote to the GA technical or clarifying amendments) 2006 General Assembly Resolution sec. 6(A), (B) •GRC may disqualify if: Non-germane to city issues Identical or substantially similar in substance to a resolution already under consideration Bylaws Article VI, Sec. 5(e), (f) •Heard in General Assembly General Assembly will consider the resolution following the other resolutions 3 Bylaws Article VI, Sec. 5(g) Substantive amendments that change the intent of the petitioned resolution may only be adopted by the GA 2006 General Assembly Resolution sec. 6(C) Voting Procedure in the General Assembly Consent Calendar: Resolution approved by Policy Committee(s) and GRC. Petitioned resolution approved by GRC) GRC Chair will be asked to give the report from the GRC and will ask for adoption of the GRC’s recommendations Ask delegates if there is a desire to call out a resolution for discussion A voting delegate may make a motion to remove a resolution from the consent calendar for discussion If a motion is made to pull a resolution, the General Assembly votes on whether to pull the resolution from the consent calendar. If a majority of the General Assembly votes to pull the resolution, set “called out” reso(s) aside. If the motion fails, the resolution remains on the consent calendar. If reso(s) not called out, or after ‘called out” reso is set aside, then ask for vote on remaining resos left on consent Move on to debate on reso(s) called out After debate, a vote is taken Voting delegates vote on resolutions by raising their voting cards.4 3 Petitioned Resolutions on the Consent Calendar will be placed after all General Resolutions on the Consent Calendar. Petitioned Resolutions on the Regular Calendar will be placed after all General Resolutions on the Regular Calendar. 4 Amendments to League bylaws require 2/3 vote 7 6.K.a Packet Pg. 219 Attachment: LOCC 2019 Annual Conference Resolutions Packet_ (2019-150 : 2019 League Resolutions) Regular Calendar: Regular resolutions approved by Policy Committee(s)5, and GRC recommends disapproval or referral; Regular resolutions disapproved or referred by Policy Committee(s)6 and GRC approves; Petitioned resolutions disapproved or referred by the GRC. Open the floor to determine if a voting delegate wishes to debate a resolution on the regular calendar. If no voting delegate requests a debate on the resolution, a vote to ratify the recommendation of the GRC on the resolution is taken. Upon a motion by a voting delegate to debate a resolution, a debate shall be held if approved by a majority vote of the General Assembly. If a majority of the General Assembly to debate the resolution is not achieved, then a vote shall be taken on whether to ratify the GRC’s recommendation. If a majority of the General Assembly approves of the motion to debate the resolution, debate will occur. After debate on the resolution, a vote is taken based upon the substitute motion that was made, if any, or on the question of ratifying the GRC’s recommendation. Voting delegates vote by raising their voting cards. 5 Applies in the instance where the GRC recommendation of disapproval or refer is counter to the recommendations of the policy committees. 6 Applies in the instance where the GRC recommendation to approve is counter to the recommendations of the policy committees. 8 6.K.a Packet Pg. 220 Attachment: LOCC 2019 Annual Conference Resolutions Packet_ (2019-150 : 2019 League Resolutions) 1.RESOLUTION OF THE LEAGUE OF CALIFORNIA CITIES CALLING ON THE CALIFORNIA PUBLIC UTILITIES COMMISSION TO AMEND RULE 20A TO ADD PROJECTS IN VERY HIGH FIRE HAZARD SEVERITY ZONES TO THE LIST OF ELIGIBILITY CRITERIA AND TO INCREASE FUNDING ALLOCATIONS FOR RULE 20A PROJECTS Source: City of Rancho Palos Verdes Concurrence of five or more cities/city officials Cities: City of Hidden Hills, City of La Cañada Flintridge, City of Laguna Beach, City of Lakeport, City of Malibu, City of Moorpark, City of Nevada City, City of Palos Verdes Estates, City of Rolling Hills Estates, City of Rolling Hills, City of Ventura Referred to: Environmental Quality Policy Committee; Transportation, Communications, and Public Works Policy Committee WHEREAS, the California Public Utilities Commission regulates the undergrounding conversion of overhead utilities under Electric Tariff Rule 20 and; WHEREAS, conversion projects deemed to have a public benefit are eligible to be funded by ratepayers under Rule 20A; and WHEREAS, the criteria under Rule 20A largely restricts eligible projects to those along streets with high volumes of public traffic; and WHEREAS, the cost of undergrounding projects that do not meet Rule 20A criteria is left mostly or entirely to property owners under other parts of Rule 20; and WHEREAS, California is experiencing fire seasons of worsening severity; and WHEREAS, undergrounding overhead utilities that can spark brush fires is an important tool in preventing them and offers a public benefit; and WHEREAS, brush fires are not restricted to starting near streets with high volumes of public traffic; and WHEREAS, expanding Rule 20A criteria to include Very High Fire Hazard Severity Zones would facilitate undergrounding projects that would help prevent fires; and WHEREAS, expanding Rule 20A criteria as described above and increasing funding allocations for Rule 20A projects would lead to more undergrounding in Very High Fire Hazard Severity Zones; and now therefore let it be, RESOLVED that the League of California Cities calls on the California Public Utilities Commission to amend Rule 20A to include projects in Very High Fire Hazard Severity Zones to the list of criteria for eligibility and to increase funding allocations for Rule 20A projects. 9 6.K.a Packet Pg. 221 Attachment: LOCC 2019 Annual Conference Resolutions Packet_ (2019-150 : 2019 League Resolutions) Background Information on Resolution No. 1 Source: City of Rancho Palos Verdes Background: Rancho Palos Verdes is the most populated California city to have 90 percent or more of residents living in a Cal Fire-designated Very High Fire Hazard Severity Zone. Over the years, the Palos Verdes Peninsula has seen numerous brush fires that were determined to be caused by electrical utility equipment. Across the state, some of the most destructive and deadly wildfires were sparked by power equipment. But when it comes to undergrounding overhead utilities, fire safety is not taken into account when considering using ratepayer funds to pay for these projects under California’s Electric Tariff Rule 20 program. The program was largely intended to address visual blight when it was implemented in 1967. Under Rule 20A, utilities must allocate ratepayer funds to undergrounding conversion projects chosen by local governments that have a public benefit and meet one or more of the following criteria: •Eliminate an unusually heavy concentration of overhead lines; •Involve a street or road with a high volume of public traffic; •Benefit a civic or public recreation area or area of unusual scenic interest; and, •Be listed as an arterial street or major collector as defined in the Governor’s Office of Planning and Research (OPR) Guidelines. As we know, brush fires are not restricted to erupting in these limited areas. California’s fire season has worsened in severity in recent years, claiming dozens of lives and destroying tens of thousands of structures in 2018 alone. Excluding fire safety from Rule 20A eligibility criteria puts the task of undergrounding power lines in Very High Fire Hazard Severity Zones squarely on property owners who are proactive, willing and able to foot the bill. The proposed resolution calls on the California Public Utilities Commission to amend Rule 20A to include projects in Very High Fire Hazard Severity Zones to the list of criteria for eligibility. To facilitate more undergrounding projects in these high-risk zones, the proposed resolution also calls on the CPUC to increase funding allocations for Rule 20A projects. If adopted, utilities will be incentivized to prioritize undergrounding projects that could potentially save millions of dollars and many lives. 10 6.K.a Packet Pg. 222 Attachment: LOCC 2019 Annual Conference Resolutions Packet_ (2019-150 : 2019 League Resolutions) League of California Cities Staff Analysis on Resolution No. 1 Staff: Rony Berdugo, Legislative Representative, Derek Dolfie, Legislative Representative, Caroline Cirrincione, Legislative Policy Analyst Committees: Environmental Quality; Transportation, Communications, and Public Works Summary: This Resolution, in response to intensifying fire seasons and hazards associated with exposed energized utility lines, proposes that the League of California Cities (League) call upon the California Public Utilities Commission (CPUC) to amend the Rule 20A program by expanding the criteria for undergrounding overhead utilities to include projects in Very High Fire Hazard Severity Zones (VHFHSZ). This Resolution also proposes that the League call upon the CPUC to increase utilities’ funding allocations for Rule 20A projects. Background California Wildfires and Utilities Over the last several years, the increasing severity and frequency of California’s wildfires have prompted state and local governments to seek urgent prevention and mitigation actions. Record breaking wildfires in Northern and Southern California in both 2017 and 2018 have caused destruction and loss of life. This severe fire trend has local officials seeking solutions to combat what is now a year-round fire season exacerbated by years of drought, intense weather patterns, untamed vegetation and global warming. These conditions create a dangerous catalyst for wildfires caused by utilities as extreme wind and weather events make downed power lines more of a risk. In response to recent catastrophic wildfires, Governor Newsom established a Strike Force tasked with developing a “comprehensive roadmap” to address issues related to wildfires, climate change, and utilities. The Strike Force report acknowledges that measures to harden the electrical grid are critical to wildfire risk management. A key utility hardening strategy: undergrounding lines in extreme high-fire areas. Governor Newsom’s Wildfire Strike Force program report concludes, “It’s not a question of “if” wildfire will strike, but “when.” Very High Fire Hazard Severity Zones This Resolution seeks to expand the undergrounding of overhead utility lines in VHFHSZ. California Government Code Section 51178 requires the Director of the California Department of Forestry and Fire Protection (CalFIRE) to identify areas in the state as VHFHSZ based on the potential fire hazard in those areas. VHFHSZ are determined based on fuel loading, slope, fire weather, and other relevant factors. These zones are in both local responsibility areas and state responsibility areas. Maps of the statewide and county by county VHFHSZ can be found here.1 1 https://osfm.fire.ca.gov/divisions/wildfire-prevention-planning-engineering/wildland-hazards-building-codes/fire-hazard- severity-zones-maps/ 11 6.K.a Packet Pg. 223 Attachment: LOCC 2019 Annual Conference Resolutions Packet_ (2019-150 : 2019 League Resolutions) More than 25 million acres of California wildlands are classified under very high or extreme fire threat. Approximately 25 percent of the state’s population, 11 million people, live in those high- risk areas. Additionally, over 350,000 Californians live in cities that are nearly encompassed within Cal Fire’s maps of VHFHSZ. Similar to the proponents of this Resolution, City of Rancho Palos Verdes, over 75 communities have 90 percent or more of residents living in a VHFHSZ. CPUC Rule 20 Program The CPUC’s Rule 20 program lays out the guidelines and procedures for converting overhead electric and telecommunication facilities to underground electric facilities. Rule 20 funding and criteria is provided at four levels. Levels A, B, and C, reflect progressively diminishing ratepayer funding for undergrounding projects. Recently added Rule 20D is a relatively new program that is specific to San Diego Gas and Electric (SDG&E), which was created in response to the destructive 2007 wildfires. Each of these levels will be discussed below: Rule 20A The first California overhead conversion program, Rule 20A, was created in 1967 under then Governor Ronald Reagan. The program was created to provide a consistent and structured means of undergrounding utility lines throughout the state with costs covered broadly by utility ratepayers. Each year, Investor Owned Utilities (IOUs) propose their Rule 20A allocation amounts to the CPUC during annual general rate case proceedings. In this process, IOUs propose revised utility customer rates based on expected service costs, new energy procurement and projects for the following year, including Rule 20 allocations. The CPUC then reviews, amends, and approves IOU rates. Currently, the cumulative budgeted amount for Rule 20A for Pacific Gas and Electric (PG&E), Southern California Edison (SCE), and San Diego Gas and Electric (SDG&E) totals around $95.7 million. The funding set aside by IOUs for Rule 20A is allocated to local governments through a credit system, with each credit holding a value to be used solely for the costs of an undergrounding project. The credit system was created so that local governments and IOUs can complete undergrounding projects without municipal financing. Through Rule 20A, municipalities that have developed and received city council approval for an undergrounding plan receive annual credits from the IOU in their service area. At the last count by the CPUC, over 500 local governments (cities and counties) participate in the credit system. While these credits have no inherent monetary value, they can be traded in or banked for the conversion of overhead lines. Municipalities can choose to accumulate their credits until their credit balance is sufficient to cover these conversion projects, or choose to borrow future undergrounding allocations for a period of up to five years. Once the cumulative balance of credits is sufficient to cover the cost of a conversion project, the municipality and the utility can move forward with the undergrounding. All of the planning, design, and construction is performed by the participating utility. Upon the completion of an undergrounding project, the utility is compensated through the local government’s Rule 20A credits. 12 6.K.a Packet Pg. 224 Attachment: LOCC 2019 Annual Conference Resolutions Packet_ (2019-150 : 2019 League Resolutions) At the outset of the program, the amount of allocated credits were determined by a formula which factored in the number of utility meters within a municipality in comparison to the utilities’ service territory. However, in recent years the formula has changed. Credit allocations for IOUs, except for PG&E, are now determined based on the allocation a city or county received in 1990 and is then adjusted for the following factors: •50% of the change from the 1990 total budgeted amount is allocated for the ratio of the number of overhead meters in any city or unincorporated area to the total system overhead meters; and •50% of the change from the 1990 total budgeted amount is allocated for the ratio of the number of meters (which includes older homes that have overhead services, and newer homes with completely underground services) in any city or the unincorporated area to the total system meters. As noted, PG&E has a different funding formula for their Rule 20A credit allocations as they are not tied to the 1990 base allocation. Prior to 2011, PG&E was allocating approximately five to six percent of its revenue to the Rule 20A program. The CPUC decided in 2011 that PG&E’s Rule 20A allocations should be reduced by almost half in an effort to decrease the growing accumulation of credits amongst local governments. Since 2011, PG&E’s annual allocations for Rule 20A have been around $41.3 million annually, which is between two and three percent of their total revenue. Criteria for Rule 20A Projects For an undergrounding project to qualify for the Rule 20A program, there are several criteria that need to be met. The project must have a public benefit and: 1. Eliminate an unusually heavy concentration of overhead lines 2. Involve a street or road with a high volume of public traffic 3. Benefit a civic or public recreation area or area of unusual scenic interest, 4.Be listed as an arterial street or major collector as defined in the Governor’s Office of Planning and Research (OPR) Guidelines Notably, fire safety is excluded from the list of criteria that favors aesthetic and other public safety projects. Rule 20A Credit System Imbalance Threatens Program Effectiveness Allocations are made by utilities each year for Rule 20A credits. These current budget allocations total $95.7 million a year. Currently, the cumulative balance of credits throughout the state totals over $1 billion dollars. The Rule 20A cumulative balances aggregated by region can be found here.2 2 Program Review, California Overhead Conversion Program, Rule 20A for Years 2011-2015, “The Billion Dollar Risk,” California Public Utilities Commission. https://www.cpuc.ca.gov/uploadedFiles/CPUC_Public_Website/Content/About_Us/Organization/Divisions/Policy_and_Planning/PPD_Work_Pr oducts_(2014_forward)(1)/PPD_Rule_20-A.pdf 13 6.K.a Packet Pg. 225 Attachment: LOCC 2019 Annual Conference Resolutions Packet_ (2019-150 : 2019 League Resolutions) Note: The existing credit allocation formulas do not consider a municipality’s need or plans for overhead conversion projects, resulting in large credit balances in some jurisdictions. Cities and counties are, however, able to trade or sell unallocated Rule 20A credits if they will not be used to fund local undergrounding projects. There have been several cases where one agency has sold their unused credits, often for less than the full dollar value of the credits themselves to another agency. Rule 20B Rule 20B projects are those that do not fit the Rule 20A criteria, but do, however, involve both sides of the street for at least 600 feet. These projects are typically done in conjunction with larger developments and are mostly paid for by the developer or applicant. Additionally, the applicant is responsible for the installation. Rule 20C Rule 20C projects are usually small projects that involve property owners. The majority of the cost is usually borne by the applicants. Rule 20C applies when the project does not qualify for either Rule 20A or Rule 20B. Rule 20D--Wildfire Mitigation Undergrounding Program Rule 20D was approved by the CPUC in January of 2014 and only applies to SDG&E. The Rule 20D program was established largely in response to the destructive wildfires that occurred in San Diego in 2007 as a wildfire mitigation undergrounding program. According to SDG&E, the objective of the Rule 20D undergrounding is exclusively for fire hardening as opposed to aesthetics. The program is limited in scope and is restricted to communities in SDG&E’s Fire Threat Zone (now referred to as the High Fire Threat District or HFTD). As of this time, the program has yet to yield any projects and no projects are currently planned. For an undergrounding project to qualify for the Rule 20D program, a minimum of three of the following criteria must be met. The project must be near, within, or impactful to: •Critical electric infrastructure •Remaining useful life of electric infrastructure •Exposure to vegetation or tree contact •Density and proximity of fuel •Critical surrounding non-electric assets (including structures and sensitive environmental areas) •Service to public agencies •Accessibility for firefighters Similar to Rule 20A, SDG&E must allocate funding each year through their general rate case proceedings to Rule 20D to be approved by the CPUC. This funding is separate from the allocations SDG&E makes for Rule 20A. However, the process of distributing this funding to localities is different. The amount of funding allocated to each city and county for Rule 20D is based on the ratio of the number of miles of overhead lines in SDG&E Fire Threat Zones in a city or county to the total miles of SDG&E overhead lines in the entire SDG&E fire zone. The 14 6.K.a Packet Pg. 226 Attachment: LOCC 2019 Annual Conference Resolutions Packet_ (2019-150 : 2019 League Resolutions) Rule 20D program is administered by the utility consistent with the existing reporting, engineering, accounting, and management practices for Rule 20A. The Committee may want to consider whether Rule 20D should instead be expanded, adapted, or further utilized to support funding for overhead conversions within VHFHSZ throughout the state. Fiscal Impact: The costs to the State associated with this Resolution will be related to the staff and programmatic costs to the CPUC to take the necessary measures to consider and adopt changes to Rule 20A to include projects in VHFHSZ to the list of criteria for eligibility. This Resolution calls for an unspecified increase in funding for Rule 20A projects, inferring that portions of increased funds will go towards newly eligible high fire hazard zones. While the Resolution does not request a specific amount be allocated, it can be assumed that these increased costs will be supported by utility ratepayers. According to the CPUC, the annual allocations towards Rule 20A are $95.7 million. The CPUC currently reports a cumulative credit surplus valued at roughly $1 billion that in various regions, given the approval of expanded eligibility called for by this Resolution, could be used to supplement and reduce the level of new dollars needed to make a significant impact in VHFHSZ. The CPUC follows that overhead conversion projects range from $93,000 per mile for rural construction to $5 million per mile for urban construction. The Resolution states that “California is experiencing fire seasons of worsening severity” which is supported by not only the tremendous loss of property and life from recent wildfires, but also in the rising costs associated with clean up, recovery, and other economic losses with high estimates in the hundreds of billions of dollars. The Committee may wish to consider the costs associated with undergrounding utility lines in relation to the costs associated with past wildfires and wildfires to come. Comments: CPUC Currently Exploring Revisions to Rule 20 In May 2017, the CPUC issued an Order Instituting Rulemaking to Consider Revisions to Electric Rule 20 and Related Matters. The CPUC will primarily focus on revisions to Rule 20A but may make conforming changes to other parts of Rule 20. The League is a party in these proceedings will provide comments. Beyond Rule 20A: Additional Options for Funding Undergrounding Projects There are various ways in which cities can generate funding for undergrounding projects that fall outside of the scope of Rule 20A. At the local level, cities can choose to forgo the Rule 20A process and opt to use their own General Fund money for undergrounding. Other options are also discussed below: 15 6.K.a Packet Pg. 227 Attachment: LOCC 2019 Annual Conference Resolutions Packet_ (2019-150 : 2019 League Resolutions) Rule 20D Expansion The City of Berkley in a 2018 study titled “Conceptual Study for Undergrounding Utility Wires in Berkley,” found that the city could possibly qualify for Rule 20D funding if they actively pursued this opportunity in partnership with PG&E and the CPUC. One of the study’s recommendations is to advocate for release of 20D funds (now earmarked exclusively for SDG&E) to be used for more aggressive fire hardening techniques for above- ground utility poles and equipment, for undergrounding power lines, and for more aggressive utility pole and vegetation management practices in the Very High Hazard Fire Zone within Berkeley’s city limits. As an alternative to changing the criteria for Rule 20A, the Committee may wish to consider whether there is the opportunity to advocate for the expansion of Rule 20D funding more broadly, expanding its reach to all IOU territories. Franchise Surcharge Fees Aside from Rule 20 allocations, cities can generate funding for undergrounding through franchise fee surcharges. For example, SDG&E currently operates under a 50-year City franchise that was granted in 1970. Under the franchises approved by the San Diego City Council in December 1970, SDG&E agreed to pay a franchise fee to the City equivalent to 3% of its gross receipts from the sales of both natural gas and electricity for 30 years. These fees were renegotiated in 2000 and in 2001 an agreement was between the City of San Diego, SDG&E, and the CPUC to extend the existing franchise fee to include revenues collected from surcharges. SDG&E requested an increase of 3.88% to its existing electric franchise fee surcharge. The bulk, 3.53% of this increase is to be used for underground conversion of overhead electric wires. Based on SDG&E's revenue projections, the increase would result in an additional surcharge revenue amount of approximately $36.5 million per year. SDG&E estimates that this would create a monthly increase of approximately $3.00 to a typical residential customer's electric bill. These surcharge revenues would pay for additional undergrounding projects including those that do not meet the Rule 20A criteria. The City of Santa Barbara has also adopted a similar franchise surcharge fee. Having this funding source allows the City of San Diego to underground significantly more miles of above ground utility lines than other municipalities. However, the surcharge is currently being challenged in court, as it is argued that the City had SDG&E impose a tax without a ballot measure. 16 6.K.a Packet Pg. 228 Attachment: LOCC 2019 Annual Conference Resolutions Packet_ (2019-150 : 2019 League Resolutions) Utility Bankruptcy and Undergrounding Funding In considering this Resolution, it is important to understand that Rule 20A allocations have been more substantial in the past. As mentioned earlier, prior to 2011, PG&E was allocating approximately 5% to 6% of its revenue to the Rule 20A program. Therefore, it is not unreasonable to encourage an increase in Rule 20A allocations as history shows that utilities had the capacity to do so in the past. However, in a time where IOUs such as PG&E are facing bankruptcy as the result of utility caused wildfires, there is the possibility that expanding rule 20A funding will generate more costs for the ratepayers. Questions to Consider: 1) Is Rule 20A or Rule 20D the more appropriate program to advocate for such an expansion? 2)Are there any wildfire risks outside of VHFHSZ that could be mitigated by undergrounding projects? Existing League Policy: Public Safety: The League supports additional funding for local agencies to recoup the costs associated with fire safety in the community and timely mutual aid reimbursement for disaster response services in other jurisdictions. (pg. 43) The League supports the fire service mission of saving lives and protecting property through fire prevention, disaster preparedness, hazardous-materials mitigation, specialized rescue, etc., as well as cities’ authority and discretion to provide all emergency services to their communities. (pg. 43) Transportation, Communication, and Public Works: Existing telecommunications providers and new entrants shall adhere to local city policies on public utility undergrounding. (pg. 54) The League supports protecting the additional funding for local transportation and other critical unmet infrastructure needs. (pg. 51) The League supports innovative strategies including public private partnerships at the state and local levels to enhance public works funding. (pg. 52) Environmental Quality The League opposes any legislation that interferes with local utility rate setting authority and opposes any legislation that restricts the ability of a city to transfer revenue from a utility (or other enterprise activity) to the city’s general fund. (pg. 9) 17 6.K.a Packet Pg. 229 Attachment: LOCC 2019 Annual Conference Resolutions Packet_ (2019-150 : 2019 League Resolutions) Cities should continue to have the authority to issue franchises and any program should be at least revenue neutral relative to revenue currently received from franchises. (pg. 9) The League is concerned about the impacts of escalating energy prices on low income residents and small businesses. The League supports energy pricing structures and other mechanisms to soften the impacts on this segment of our community. (pg. 10) 2019 Strategic Goals Improve Disaster Preparedness, Recovery and Climate Resiliency. •Provide resources to cities and expand partnerships to better prepare for and recover from wildfires, seismic events, erosion, mudslides and other disasters. •Improve community preparedness and resiliency to respond to climate-related, natural and man-made disasters. Support: The following letters of concurrence were received: The City of Hidden Hills The City of La Cañada Flintridge The City of Laguna Beach The City of Lakeport The City of Malibu The City of Moorpark The City of Nevada City The City of Palos Verdes Estates The City of Rolling Hills Estates The City of Rolling Hills The City of Ventura 18 6.K.a Packet Pg. 230 Attachment: LOCC 2019 Annual Conference Resolutions Packet_ (2019-150 : 2019 League Resolutions) LETTERS OF CONCURRENCE Resolution No. 1 Amendment to Rule 20A 19 6.K.a Packet Pg. 231 Attachment: LOCC 2019 Annual Conference Resolutions Packet_ (2019-150 : 2019 League Resolutions) 206.K.aPacket Pg. 232Attachment: LOCC 2019 Annual Conference Resolutions Packet_ (2019-150 : 2019 League Resolutions) 216.K.aPacket Pg. 233Attachment: LOCC 2019 Annual Conference Resolutions Packet_ (2019-150 : 2019 League Resolutions) 22 6.K.a Packet Pg. 234 Attachment: LOCC 2019 Annual Conference Resolutions Packet_ (2019-150 : 2019 League Resolutions) 23 6.K.a Packet Pg. 235 Attachment: LOCC 2019 Annual Conference Resolutions Packet_ (2019-150 : 2019 League Resolutions) 24 6.K.a Packet Pg. 236 Attachment: LOCC 2019 Annual Conference Resolutions Packet_ (2019-150 : 2019 League Resolutions) City of Malibu Jefferson Wagner, Mayor 23825 Stuart Ranch Road · Malibu, California · 90265-4861 Phone (310) 456-2489 · Fax (310) 456-3356 · www.malibucity.org M:\City Council\Mayor Chron Files\2019\Rancho PV League Reso to Amend Rule 20A-Support_190815.docx Recycled Paper August 15, 2019 Jan Arbuckle, President League of California Cities 1400 K St., Ste. 400 Sacramento, CA 95814 RE: City of Rancho Palos Verdes Proposed Resolution to Amend California Public Utilities Commission Rule 20A – SUPPORT Dear Ms. Arbuckle: At its Regular meeting on August 12, 2019, the Malibu City Council unanimously voted to support the City of Rancho Palos Verdes’ effort to bring a resolution for consideration by the General Assembly at the League’s 2019 Annual Conference in Long Beach. Undergrounding power lines is an important tool in preventing destructive wildfires that have devastated communities across our state, but California’s Rule 20A program, which allows local governments to pay for these costly projects with ratepayer funds, does not factor in fire safety for eligibility. Unless projects meet the program’s limited eligibility criteria, they are left to be funded by property owners who are proactive, as well as willing and able to foot the bill. The City of Malibu agrees with Rancho Palos Verdes that Rule 20A offers an important opportunity for fire prevention and that the California Public Utilities Commission (CPUC) should expand this program so more communities can utilize it. The resolution calls on the CPUC to amend Rule 20A to include projects in Very High Fire Hazard Severity Zones to the list of criteria for eligibility. To facilitate more undergrounding projects in these high-risk zones, the resolution also calls on the CPUC to increase funding allocations for Rule 20A projects. As a recent series of news stories on wildfire preparedness in California pointed out, there are more than 75 communities across the state with populations over 1,000, including Rancho Palos Verdes and Malibu, where at least 90 percent of residents live in a Cal Fire-designated Very High Fire Hazard Severity Zone. It is well-known that electric utility equipment is a common fire source, and has sparked some of the most destructive blazes in our state’s history. Moving power lines underground is, therefore, a critical tool in preventing them. Currently, Rule 20A primarily addresses visual blight, but with fire seasons worsening, it is key that fire safety also be considered when local governments pursue Rule 20A projects, and that annual funding allocations for the program be expanded. It is worth noting that the State does have a program, Rule 20D, that factors in fire safety for funding undergrounding projects. However, this is limited to San Diego Gas & Electric Company projects in certain areas only. This needs to be expanded to include projects in all projects within designated Very High Fire Hazard Severity Zones. 25 6.K.a Packet Pg. 237 Attachment: LOCC 2019 Annual Conference Resolutions Packet_ (2019-150 : 2019 League Resolutions) Rancho PV League Resolution Amend Rule 20A August 15, 2019 Page 2 of 2 M:\City Council\Mayor Chron Files\2019\Rancho PV League Reso to Amend Rule 20A-Support_190815.docx Recycled Paper The proposed resolution is also in line with one of the League’s 2019 Strategic Goals of improving disaster preparedness, recovery and climate resiliency. For these reasons, the City of Malibu strongly concurs that the resolution should go before the General Assembly. Sincerely, Jefferson Wagner Mayor Cc: Honorable Members of the Malibu City Council Reva Feldman, City Manager Megan Barnes, City of Rancho Palos Verdes, mbarnes@rpvca.gov 26 6.K.a Packet Pg. 238 Attachment: LOCC 2019 Annual Conference Resolutions Packet_ (2019-150 : 2019 League Resolutions) CITY OF MOORPARK JANICE S. PARVIN Mayor CHRIS ENEGREN Councilmember ROSEANN MIKOS, Ph.D. Councilmember DAVID POLLOCK Councilmember KEN SIMONS Councilmember 799 Moorpark Avenue, Moorpark, California 93021 Main City Phone Number (805) 517-6200 | Fax (805) 532-2205 | moorpark@moorparkca.gov July 24, 2019 SUBMITTED ELECTRONICALLY Jan Arbuckle, President League of California Cities 1400 K St., Ste. 400 Sacramento, CA 95814 RE: SUPPORT FOR RANCHO PALOS VERDES RESOLUTION RE: POWER LINE UNDERGROUNDING Dear President Arbuckle: The City of Moorpark supports the City of Rancho Palos Verdes effort to bring a resolution for consideration by the General Assembly at the League’s 2019 Annual Conference in Long Beach. Undergrounding power lines is an important tool in preventing destructive wildfires that have devastated communities across our state. But California’s Rule 20A program, which allows local governments to pay for these costly projects with ratepayer funds, does not factor in fire safety for eligibility. Unless projects meet the program’s limited eligibility criteria, they are left to be funded by property owners who are proactive, willing and able to foot the bill. We believe Rule 20A offers an important opportunity for fire prevention and that the California Public Utilities Commission should expand this program so more communities can utilize it. The resolution calls on the CPUC to amend Rule 20A to include projects in Very High Fire Hazard Severity Zones to the list of criteria for eligibility. To facilitate more undergrounding projects in these high-risk zones, the resolution also calls on the CPUC to increase funding allocations for Rule 20A projects. All cities in Ventura County, including Moorpark, have wildfire prevention fresh in our memories following the highly destructive 2017-2018 Thomas Fire, which was caused by above-ground power lines. The 2018 Woolsey Fire similarly affected Ventura County, and lawsuits have been filed alleging it was also caused by above-ground power lines. Each of these fires caused billions of dollars in damages and highlight the importance of undergrounding power lines. 27 6.K.a Packet Pg. 239 Attachment: LOCC 2019 Annual Conference Resolutions Packet_ (2019-150 : 2019 League Resolutions) League of California Cities Page 2 The resolution is also in line with one of the League’s 2019 Strategic Goals of improving disaster preparedness, recovery and climate resiliency. For these reasons, we concur that the resolution should go before the General Assembly. Sincerely, Janice Parvin Mayor cc: City Council City Manager 28 6.K.a Packet Pg. 240 Attachment: LOCC 2019 Annual Conference Resolutions Packet_ (2019-150 : 2019 League Resolutions) 296.K.aPacket Pg. 241Attachment: LOCC 2019 Annual Conference Resolutions Packet_ (2019-150 : 2019 League Resolutions) 30 6.K.a Packet Pg. 242 Attachment: LOCC 2019 Annual Conference Resolutions Packet_ (2019-150 : 2019 League Resolutions) 31 6.K.a Packet Pg. 243 Attachment: LOCC 2019 Annual Conference Resolutions Packet_ (2019-150 : 2019 League Resolutions) 32 6.K.a Packet Pg. 244 Attachment: LOCC 2019 Annual Conference Resolutions Packet_ (2019-150 : 2019 League Resolutions) 33 6.K.a Packet Pg. 245 Attachment: LOCC 2019 Annual Conference Resolutions Packet_ (2019-150 : 2019 League Resolutions) 2.A RESOLUTION CALLING UPON THE FEDERAL AND STATE GOVERNMENTS TO ADDRESS THE DEVASTATING IMPACTS OF INTERNATIONAL TRANSBOUNDARY POLLUTION FLOWS INTO THE SOUTHERNMOST REGIONS OF CALIFORNIA AND THE PACIFIC OCEAN Source: San Diego County Division Concurrence of five or more cities/city officials Cities: Calexico; Coronado; Imperial Beach; San Diego Individual City Officials: City of Brawley: Mayor Pro Tem Norma Kastner-Jauregui; Council Members Sam Couchman, Luke Hamby, and George Nava. City of Escondido: Deputy Mayor Consuelo Martinez. City of La Mesa: Council Member Bill Baber. City of Santee: Mayor John Minto, City of Vista: Mayor Judy Ritter and Council Member Amanda Young Rigby Referred to: Environmental Quality Policy Committee WHEREAS, international transboundary rivers that carry water across the border from Mexico into Southern California are a major source of sewage, trash, chemicals, heavy metals and toxins; and WHEREAS, transboundary flows threaten the health of residents in the United States and Mexico, harm important estuarine land and water of international significance, force closure of beaches, damage farmland, adversely impact the South San Diego County and Imperial County economy; compromise border security, and directly affect U.S. military readiness; and WHEREAS, a significant amount of untreated sewage, sediment, hazardous chemicals and trash have been entering southern California through both the Tijuana River Watershed (75 percent of which is within Mexico) and New River flowing into southern California’s coastal waterways and residential and agricultural communities in Imperial County eventually draining into the Salton Sea since the 1930s; and WHEREAS, in February 2017, an estimated 143 million gallons of raw sewage flowed into the Tijuana River and ran downstream into the Pacific Ocean and similar cross border flows have caused beach closures at Border Field State Park that include 211 days in 2015; 162 days in 2016; 168 days in 2017; 101 days in 2018; and 187 days to date for 2019 as well as closure of a number of other beaches along the Pacific coastline each of those years; and WHEREAS, approximately 132 million gallons of raw sewage has discharged into the New River flowing into California through communities in Imperial County, with 122 million gallons of it discharged in a 6-day period in early 2017; and WHEREAS, the presence of pollution on state and federal public lands is creating unsafe conditions for visitors; these lands are taxpayer supported and intended to be managed for recreation, resource conservation and the enjoyment by the public, and WHEREAS, the current insufficient and degrading infrastructure in the border zone poses a significant risk to the public health and safety of residents and the environment on both 34 6.K.a Packet Pg. 246 Attachment: LOCC 2019 Annual Conference Resolutions Packet_ (2019-150 : 2019 League Resolutions) sides of the border, and places the economic stress on cities that are struggling to mitigate the negative impacts of pollution; and WHEREAS, the 1944 treaty between the United States and Mexico regarding Utilization of Waters of the Colorado and Tijuana Rivers and of the Rio Grande allocates flows on trans- border rivers between Mexico and the United States, and provides that the nations, through their respective sections of the International Boundary Water Commission shall give control of sanitation in cross border flows the highest priority; and WHEREAS, in 1993, the United States and Mexico entered into the Agreement Between the Government of the United States of America and the Government of the United Mexican States Concerning the Establishment of a North American Development Bank which created the North American Development Bank (NADB) to certify and fund environmental infrastructure projects in border-area communities; and WHEREAS, public concerns in response to widespread threats to public health and safety, damage to fish and wildlife resources and degradation to California’s environment resulting from transboundary river flow pollution in the southernmost regions of the state requires urgent action by the Federal and State governments, and WHEREAS, Congress authorized funding under the U.S. Environmental Protection Agency’s (EPA) Safe Drinking Water Act and established the State and Tribal Assistance Grants (STAG) program for the U.S.-Mexico Border Water Infrastructure Program (BWIP) in 1996 to provide grants for high-priority water, wastewater, and storm-water infrastructure projects within 100 kilometers of the southern border; and WHEREAS, the EPA administers the STAG and BWIP programs, and coordinates with the North American Development Bank (NADB) to allocate BWIP grant funds to projects in the border zone; and WHEREAS, since its inception, the BWIP program has provided funding for projects in California, Arizona, New Mexico and Texas that would not have been constructed without the grant program; and WHEREAS, the BWIP program was initially funded at $100 million per year, but, over the last 20 years, has been continuously reduced to its current level of $10 million; and WHEREAS, in its FY 2020 Budget Request, the Administration proposed to eliminate the BWIP program; and WHEREAS, officials from EPA Region 9, covering California, have identified a multitude of BWIP-eligible projects along the southern border totaling over $300 million; and WHEREAS, without federal partnership through the BWIP program and state support to address pollution, cities that are impacted by transboundary sewage and toxic waste flows are 35 6.K.a Packet Pg. 247 Attachment: LOCC 2019 Annual Conference Resolutions Packet_ (2019-150 : 2019 League Resolutions) left with limited resources to address a critical pollution and public health issue and limited legal remedies to address the problem; and WHEREAS, the National Association of Counties, (NACo) at their Annual Conference on July 15, 2019 and the U.S. Conference of Mayors at their Annual Conference on in July 1, 2019 both enacted resolutions calling on the federal and state governments to work together to fund and address this environmental crisis; and WHEREAS, local governments and the public support the State’s primary objectives in complying with environmental laws including the Clean Water Act, Porter-Cologne Water Quality Control Act, and Endangered Species Act and are supported by substantial public investments at all levels of government to maintain a healthy and sustainable environment for future residents of California, and WHEREAS, League of California Cities policy has long supported efforts to ensure water quality and oppose contamination of water resources; and NOW, THEREFORE, BE IT RESOLVED at the League General Assembly, assembled at the League Annual Conference on October 18, 2019 in Long Beach, that the League calls upon the Federal and State governments to restore and ensure proper funding to the U.S- Mexico Border Water Infrastructure Program (BWIP) and recommit to working bi- nationally to develop and implement long-term solutions to address serious water quality and contamination issues, such as discharges of untreated sewage and polluted sediment and trash- laden transboundary flows originating from Mexico, that result in significant health, environmental, and safety concerns in communities along California’s southern border impacting the state. 36 6.K.a Packet Pg. 248 Attachment: LOCC 2019 Annual Conference Resolutions Packet_ (2019-150 : 2019 League Resolutions) Background Information on Resolution No. 2 Source: San Diego County Division Background: Along California’s southern border with Mexico, the New River in Imperial County and the Tijuana River in San Diego County are a major sources of raw sewage, trash, chemicals, heavy metals, and toxins that pollute local communities. Sewage contaminated flows in the Tijuana River have resulted in significant impacts to beach recreation that includes the closure of Border Field State Beach for more than 800 days over the last 5-years. Similarly, contaminated flows in the New River presents comparable hazards, impacts farm land, and contributes to the ongoing crisis in the Salton Sea. These transboundary flows threaten the health of residents in California and Mexico, harms the ecosystem, force closures at beaches, damage farm land, makes people sick, and adversely affects the economy of border communities. The root cause of this cross border pollution is from insufficient or failing water and wastewater infrastructure in the border zone and inadequate federal action to address the problem through existing border programs. The severity of cross border pollution has continued to increase, due in part to the rapid growth of urban centers since the passage of the North American Free Trade Agreement (NAFTA). While economic growth has contributed to greater employment, the environmental infrastructure of the region has not kept pace, which is why Congress authorized the Border Water Infrastructure Program (BWIP) in 1996. The U.S. Environmental Protection Agency (EPA) administers the BWIP and coordinates with the North American Development Bank (NADB) to provide financing and technical support for projects on both sides of the U.S./Mexico border. Unfortunately, the current BWIP funding at $10 million per year is only a fraction of the initial program budget that shares funding with the entire 2,000 mile Mexican border with California, Arizona, New Mexico and Texas. EPA officials from Region 9 have identified an immediate need for BWIP projects totaling over $300 million just for California. Without federal partnerships through the BWIP and state support to address cross border pollution, cities that are impacted by transboundary sewage and toxic waste flows are left with limited resources to address a critical pollution and public health issue. The International Boundary and Water Commission (IBWC) is another important federal stakeholder that, under the Treaty of 1944 with Mexico, must address border sanitation problems. While IBWC currently captures and treats some of the pollution generated in Mexico, it also redirects cross border flows without treatment directly into California. Improving environmental and public health conditions for communities along the border is essential for maintaining strong border economy with Mexico. The IBWC, EPA, and NADB are the important federal partners with existing bi-national programs that are able to immediately implement solutions on cross border pollution. California is in a unique position to take the lead and work with local and federal partners to implement real solutions that will addresses the long standing and escalating water quality crisis along the border. For those reasons, the cities of Imperial Beach and Coronado requested the San Diego County Division to propose a resolution at the 2019 League Annual Conference calling upon the federal 37 6.K.a Packet Pg. 249 Attachment: LOCC 2019 Annual Conference Resolutions Packet_ (2019-150 : 2019 League Resolutions) and state governments to address the devastating impacts of international transboundary pollution flows into the waterways of the southernmost regions of California, San Diego and Imperial Counties and the Pacific Ocean. On August 12, 2019 at the regularly scheduled meeting of the San Diego County Division, the membership unanimously endorsed submittal of the resolution, with close to 75% membership present and voting. The Imperial County Division does not have a schedule meeting until after the deadline to submit proposed resolutions. However, the City of Calexico, which is most directly impacted by initial pollution flow of the New River from Mexicali, sent a letter in concurrence of this resolution as well as numerous city official from cities within Imperial County and the Imperial County Board of Supervisors. The League Imperial County Division will place a vote to support this resolution on the agenda of their September 26, 2019 meeting. 38 6.K.a Packet Pg. 250 Attachment: LOCC 2019 Annual Conference Resolutions Packet_ (2019-150 : 2019 League Resolutions) League of California Cities Staff Analysis on Resolution No. 2 Staff: Derek Dolfie, Legislative Representative Carly Shelby, Legislative and Policy Development Assistant Committees: Environmental Quality Summary: This Resolution states that the League of California Cities should call upon the State and Federal governments to restore and ensure proper funding for the U.S. – Mexico Border Water Infrastructure Program (BWIP) and work bi-nationally to address water quality issues resulting from transboundary flows from Mexico’s Tijuana River into the United States containing untreated sewage, polluted sediment, and trash. Background: The League of California Cities’ San Diego County Division is sponsoring this resolution to address their concerns over the contaminated flows from the Tijuana River into California that have resulted in the degradation of water quality and water recreational areas in Southern California. The Tijuana River flows north through highly urbanized areas in Mexico before it enters the Tijuana River Estuary and eventually the Pacific Ocean via waterways in San Diego County in California. Urban growth in Tijuana has contributed to a rise in rates of upstream flows from water treatment facilities in Mexico. These treatment facilities have raised the amount of untreated sewage and waste in the Tijuana River due to faulty infrastructure and improper maintenance. The federal government refers to the river as an “impaired water body” because of the presence of pollutants in excess, which pose significant health risks to residents and visitors in communities on both sides of the border. Federal Efforts to Address Pollution Crisis To remedy the Tijuana River’s low water quality, the United States and Mexico entered into a Treaty in 1944 entitled: Utilization of Waters of the Colorado River and Tijuana Rivers and of the Rio Grande – the International Boundary and Water Commission (IBWC). The IBWC was designed to consist of a United States section and a Mexico section. Both sections were tasked with negotiating and implementing resolutions to address water pollution in the area, which includes overseeing the development of water treatment and diversion infrastructure. After the formation of the IBWC, the U.S. and Mexico entered into a treaty in 1993 entitled: Agreement Concerning the Establishment of a Border Environment Cooperation Commission and a North American Development Bank. This agreement established the North American Development Bank (NADB), which certifies and funds infrastructure projects located within 100 kilometers (62 miles) of the border line. The NADB supports federal programs like the Border Water Infrastructure Program (BWIP), which was initially funded at $100 million, annually. The degradation of existing water treatment infrastructure along the border coincides with the federal government’s defunding of the BWIP, which has steadily decreased from $100 million in 1996 to $10 million today. The Federal FY 2020 Budget proposes eliminating BWIP funding 39 6.K.a Packet Pg. 251 Attachment: LOCC 2019 Annual Conference Resolutions Packet_ (2019-150 : 2019 League Resolutions) altogether. EPA’s regions 6 and 9 (includes U.S. states that border Mexico) have identified a number of eligible projects that address public health and environmental conditions along the border totaling $340 million. The NADB has funded the development of water infrastructure in both the U.S. and Mexico. Water diversion and treatment infrastructure along the U.S – Mexico border includes, but is not limited to, the following facilities: •The South Bay International Wastewater Treatment Plant (SBIWTP). This facility was constructed by the U.S. in 1990 and is located on the California side of the border and is operated under the jurisdiction of the IBWC. The SBIWTP serves as a diversion and treatment sewage plant to address the flow of untreated sewage from Mexico into the United States. •Pump Station CILA. CILA was constructed by Mexico in 1991 and is located along the border in Mexico. This facility serves as the SBIWTP’s Mexican counterpart. Both the SBIWTP and CILA facilities have had a multitude of overflows containing untreated sewage and toxic waste that spills into the Tijuana River. The cause of overflows can be attributed to flows exceeding the maximum capacity that the infrastructure can accommodate (this is exacerbated during wet and rainy seasons) and failure to properly operate and maintain the facilities. Much of the existing infrastructure has not had updates or repairs for decades, causing overflows to become more frequent and severe. The most notable overflow occurred in February 2017, wherein 143 million gallons of polluting waste discharged into the Tijuana River; affecting the Tijuana Estuary, the Pacific Ocean, and Southern California’s waterways. State Actions In response to the February 2017 overflow, the San Diego Water Board’s Executive Officer sent a letter to the U.S. and Mexican IBWC Commissioners which included recommendations on how to improve existing infrastructure and communications methods between both nations. In September of 2018, California Attorney General Xavier Becerra submitted a lawsuit against IBWC for Violating the Clean Water Act by allowing flows containing sewage and toxic waste to flow into California’s waterways, posing a public health and ecological crisis. The cities of Imperial Beach, San Diego, Chula Vista, the Port of San Diego, and the San Diego Regional Water Quality Board have also filed suit against the IBWC. The suit is awaiting its first settlement conference on October 19, 2019. If parties are unable to reach a settlement, the case will go to trial. Fiscal Impact: California’s economy is currently the sixth largest in the world, with tourism spending topping $140.6 billion in 2018. In the past five years, San Diego’s Border Field State Park has been closed for over 800 days because of pollution from the Tijuana River. A decline in the State’s beach quality and reputation could carry macroeconomic effects that could ripple outside of the San Diego County region and affect coastal communities throughout California. 40 6.K.a Packet Pg. 252 Attachment: LOCC 2019 Annual Conference Resolutions Packet_ (2019-150 : 2019 League Resolutions) Existing League Policy The League of California Cities has extensive language on water in its Summary of Existing Policy and Guiding Principles. Fundamentally, the League recognizes that beneficial water quality is essential to the health and welfare of California and all of its citizens. Additionally, the League advocates for local, state and federal governments to work cooperatively to ensure that water quality is maintained. The following policy relates to the issue of water quality: •Surface and groundwater should be protected from contamination. •Requirements for wastewater discharge into surface water and groundwater to safeguard public health and protect beneficial uses should be supported. •When addressing contamination in a water body, water boards should place priority emphasis on clean-up strategies targeting sources of pollution, rather than in stream or end-of-pipe treatment. •Water development projects must be economically, environmentally and scientifically sound. •The viability of rivers and streams for instream uses such as fishery habitat, recreation and aesthetics must be protected. •Protection, maintenance, and restoration of fish and wildlife habitat and resources. Click here to view the Summary of Existing Policy and Guiding Principles 2018. Comments: 1. Water quality issues are prevalent across California and have been a constant priority of the State’s legislature and residents. In 2014, California’s voters approved Proposition 1, which authorized $7.5 billion in general obligation bonds to fund water quality improvement projects. In 2019, the Legislature reached an agreement to allocate $130 million from the State’s Greenhouse Gas Reduction Fund (GGRF) to address failing water infrastructure and bad water qualities for over one million of California’s residents in rural communities. Water quality is not an issue unique to the County of San Diego and communities along the border. 2.Tijuana River cross-border pollution has caught national attention. Members of Congress have proposed recent funding solutions to address the pollution crisis, including: •In February of 2019, California Congressional Representatives Vargas, Peters, and Davis helped secure $15 million for the EPA to use as part of its BWIP. •H.R. 3895 (Vargas, Peters, 2019), The North American Development Bank Pollution Solution Act. This bill seeks to support pollution mitigation efforts along the border by increasing the NADB’s capital by $1.5 billion. •H.R. 4039 (Levin, 2019), The Border Water Infrastructure Improvement Act. This bill proposes increasing funding to the BWIP from the existing $10 million to $150 million as a continuous appropriation until 2025. Additionally, the National Association of Counties (NACo) and the U.S. Conference of Mayors enacted resolutions in support of increased funding for U.S. – Mexico border water infrastructure to address the environmental crisis in 2019. 41 6.K.a Packet Pg. 253 Attachment: LOCC 2019 Annual Conference Resolutions Packet_ (2019-150 : 2019 League Resolutions) 3.The border pollution problem has sparked action from local, state, and federal actors. Should this resolution be adopted, League membership should be aware that future action will be adapted by what is explicitly stated in the resolution’s language. In current form, the resolution’s resolve clause cites the BWIP as the only program that should receive reinstated and proper funding. League staff recommends the language be modified to state: “NOW, THEREFORE, BE IT RESOLVED at the League General Assembly, assembled at the League Annual Conference on October 18, 2019 in Long Beach, that the League calls upon the Federal and State governments to restore and ensure proper funding for environmental infrastructure on the U.S. – Mexico Border, including to the U.S- Mexico Border Water Infrastructure Program (BWIP), and recommit to working bi-nationally to develop and implement long- term solutions to address serious water quality and contamination issues, such as discharges of untreated sewage and polluted sediment and trash-laden transboundary flows originating from Mexico, that result in significant health, environmental, and safety concerns in communities along California’s southern border impacting the state.” Modifying the language would ensure enough flexibility for the League to support funding mechanisms outside of the prescribed federally-operated BWIP. 4.It remains unclear if there is an appetite in Washington to fund border-related infrastructure projects that address environmental quality. Given the high probability of another overflow containing waste and sewage from the existing infrastructure operated by the IBWC, League membership should consider the outcome if no resolution is reached to address the issue. Support: The following letters of concurrence were received: Cities: The City of Calexico The City of Coronado The City of Imperial Beach The City of San Diego In their individual capacity: Amanda Young Rigby, City of Vista Council Member Bill Baber, City of La Mesa Council Member Consuelo Martinez, City of Escondido Deputy Mayor George A. Nava, City of Brawley Council Member John Minto, City of Santee Mayor Judy Ritter, City of Vista Mayor Luke Hamby, City of Brawley Council Member Norma Kastner-Jauregui, City of Brawley Mayor Pro-Tempore Sam Couchman, City of Brawley Council Member 42 6.K.a Packet Pg. 254 Attachment: LOCC 2019 Annual Conference Resolutions Packet_ (2019-150 : 2019 League Resolutions) LETTERS OF CONCURRENCE Resolution No. 2 International Transboundary Pollution Flows 43 6.K.a Packet Pg. 255 Attachment: LOCC 2019 Annual Conference Resolutions Packet_ (2019-150 : 2019 League Resolutions) CITY OF CALEXICO Viva Calexico! 608 Heber Ave. Calexico, CA 92231-2840 Tel: 760.768.2110 Fax: 760.768.2103 www.calexico.ca.gov August 15, 2019 Jan Arbuckle, President League of California Cities 1400 K Street, Suite 400 Sacramento, CA 95814 RE:Environmental and Water Quality Impacts Of International Transboundary River Pollution Flow Resolution President Arbuckle: The city of Calexico strongly supports the San Diego County Division’s effort to submit a resolution for consideration by the General Assembly at the League’s 2019 Annual Conference in Long Beach. The Division’s resolution calls upon the Federal and State governments to restore and ensure proper funding of the Border Water Infrastructure Program (BWIP) to address the devastating impacts of international transboundary pollution flows into the waterways of the southernmost regions of California (San Diego and Imperial Counties) and the Pacific Ocean. Local government and the public support the State’s water and environmental quality objectives and League policy has long supported efforts to ensure water quality and oppose contamination of water resources. This resolution addresses the critical need for the federal and state governments to recommit to work bi-nationally to develop and implement long-term solutions to address serious water quality and contamination issues, such as discharges of untreated sewage and polluted sediment and trash-laden transboundary flows originating from Mexico, that result in significant heath, environmental and safety concerns in communities along California’s southern border impacting the state. As members of the League, our city values the policy development process provided to the General Assembly. We appreciate your time on this issue. 44 6.K.a Packet Pg. 256 Attachment: LOCC 2019 Annual Conference Resolutions Packet_ (2019-150 : 2019 League Resolutions) Viva Calexico! If you have any questions or require additional information, please do not hesitate to contact me at 760/768-2110. Sincerely, CITY OF CALEXICO David Dale City Manager Cc: Honorable Mayor Bill Hodge 45 6.K.a Packet Pg. 257 Attachment: LOCC 2019 Annual Conference Resolutions Packet_ (2019-150 : 2019 League Resolutions) 46 6.K.a Packet Pg. 258 Attachment: LOCC 2019 Annual Conference Resolutions Packet_ (2019-150 : 2019 League Resolutions) August 15, 2019 Jan Arbuckle, President League of California Cities 1400 K St. Suite 400 Sacramento, CA 95814 RE: Environmental and Water Quality Impacts Of International Transboundary River Pollution Flow Resolution President Arbuckle: The city of Imperial Beach appreciates and supports the San Diego County Division’s effort to submit a resolution for consideration by the full membership of the League of California Cities. The Division’s resolution calls on Federal and State government to address the impacts of transboundary pollution flows into the Southwestern regions of California. The pollution in these areas is an environmental disaster that threatens the health and general welfare of residents near the Mexican border in Imperial and San Diego Counties. I encourage all voting delegates and elected officials in attendance at the 2019 Annual League of California Cities Conference in Long Beach to support this important resolution as it addresses the critical need for the federal and state government to recommit to work bi-nationally to address the serious contamination issues and to develop and implement long-term solutions. I am available for any questions or additional information related to this letter of support. Sincerely, And y Hall City Manger Cc: Honorable Mayor Serge Dedina Honorable Mayor Pro Tem Robert Patton Honorable Councilmember Paloma Aguirre Honorable Councilmember Ed Spriggs Honorable Councilmember Mark West 47 6.K.a Packet Pg. 259 Attachment: LOCC 2019 Annual Conference Resolutions Packet_ (2019-150 : 2019 League Resolutions) August 16, 2019 Jan Arbuckle, President League of California Cities 1400 K Street, Suite 400 Sacramento, CA 95814 RE: Environmental and Water Quality Impacts Of International Transboundary River Pollution Flow Resolution President Arbuckle: The city of Imperial Beach strongly supports the San Diego County Division’s effort to submit a resolution for consideration by the General Assembly at the League’s 2019 Annual Conference in Long Beach. The Division’s resolution calls upon the Federal and State governments to restore and ensure proper funding of the Border Water Infrastructure Program (BWIP) to address the devastating impacts of international transboundary pollution flows into the waterways of the southernmost regions of California (San Diego and Imperial Counties) and the Pacific Ocean. Local government and the public support the State’s water and environmental quality objectives and League policy has long supported efforts to ensure water quality and oppose contamination of water resources. This resolution addresses the critical need for the federal and state governments to recommit to work bi- nationally to develop and implement long-term solutions to address serious water quality and contamination issues, such as discharges of untreated sewage and polluted sediment and trash-laden transboundary flows originating from Mexico, that result in significant heath, environmental and safety concerns in communities along California’s southern border impacting the state. As members of the League, our city values the policy development process provided to the General Assembly. We appreciate your time on this issue. If you have any questions or require additional information, please do not hesitate to contact me at 619-423-8303. Sincerely, Serge Dedina Mayor 48 6.K.a Packet Pg. 260 Attachment: LOCC 2019 Annual Conference Resolutions Packet_ (2019-150 : 2019 League Resolutions) 49 6.K.a Packet Pg. 261 Attachment: LOCC 2019 Annual Conference Resolutions Packet_ (2019-150 : 2019 League Resolutions) 50 6.K.a Packet Pg. 262 Attachment: LOCC 2019 Annual Conference Resolutions Packet_ (2019-150 : 2019 League Resolutions) 51 6.K.a Packet Pg. 263 Attachment: LOCC 2019 Annual Conference Resolutions Packet_ (2019-150 : 2019 League Resolutions) 526.K.aPacket Pg. 264Attachment: LOCC 2019 Annual Conference Resolutions Packet_ (2019-150 : 2019 League Resolutions) 536.K.aPacket Pg. 265Attachment: LOCC 2019 Annual Conference Resolutions Packet_ (2019-150 : 2019 League Resolutions) 54 6.K.a Packet Pg. 266 Attachment: LOCC 2019 Annual Conference Resolutions Packet_ (2019-150 : 2019 League Resolutions) 55 6.K.a Packet Pg. 267 Attachment: LOCC 2019 Annual Conference Resolutions Packet_ (2019-150 : 2019 League Resolutions) 566.K.aPacket Pg. 268Attachment: LOCC 2019 Annual Conference Resolutions Packet_ (2019-150 : 2019 League Resolutions) 576.K.aPacket Pg. 269Attachment: LOCC 2019 Annual Conference Resolutions Packet_ (2019-150 : 2019 League Resolutions) 586.K.aPacket Pg. 270Attachment: LOCC 2019 Annual Conference Resolutions Packet_ (2019-150 : 2019 League Resolutions) City of Gilroy STAFF REPORT Agenda Item Title: Adoption of an Ordinance of the City Council of the City of Gilroy Amending Sections of Chapter 30 of the Gilroy City Code Related to General Plan and Zoning Relationship, Definitions, Land Use Tables and Standards, Parking, Storage, RV Park Development, Non-Conforming Uses, Minor Modifications and Accessory Dwelling Unit Standards (introduced 9/9/2019 with a 6-0-1 vote; Council Member Tovar voting no) Meeting Date: October 7, 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 Adopt an Ordinance of the City Council of the City of Gilroy amending sections of Chapter 30 of the Gilroy Code related to general plan and zoning relationship, definitions, land use tables and standards, parking, storage, RV park development, non - conforming uses, minor modifications and accessory dwelling unit standards. BACKGROUND 9.A Packet Pg. 271 The included ordinance of the City Council of the City of Gilroy approving zoning amendments Z18-07 consisting of minor amendments to sections of Chapter 30 of the Gilroy Code entitled “Zoning” was introduced by the City Council at the September 9, 2019 meeting by a vote of 6-1. Council is now asked to adopt the ordinance consistent with its September 9, 2019 action. The ordinance will be in effect thirty (30) days from the date of Council action. Attachments: 1. Ordinance GCC Chapter 30 Amendment 9.A Packet Pg. 272 -1- ORDINANCE NO. 2019-XX ORDINANCE NO. 2019-XX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING SECTIONS OF CHAPTER 30 OF THE GILROY CITY RELATED TO GENERAL PLAN AND ZONING RELATIONSHIP, DEFINITIONS, LAND USE TABLES AND STANDARDS, PARKING, STORAGE, RV PARK DEVELOPMENT, NONCONFORMING USES, MINOR MODIFICATIONS, AND ACCESSORY DWELLING UNIT STANDARDS WHEREAS, Zoning Text Amendments of the Gilroy City Code Chapter 30 (Zoning Ordinance) are proposed to make minor revisions for internal consistency, clarification, and comply with state law; and WHEREAS, the Planning Commission has received and considered the Zoning Code amendments, in accordance with the City of Gilroy Zoning Ordinance (Article LII), and the staff report pertaining to the proposed Zoning Text Amendment file number Z 18-07; and WHEREAS, the Planning Commission held a duly noticed public hearing on June 20, 2019, at which time the Planning Commission took and considered the written and oral public testimony related to Zoning Text Amendment file number Z 18-07 and thereafter recommended that the City Council approve said application, with exceptions to the amendments of recreational vehicle use and accessory dwelling unit replacement parking provisions; and WHEREAS, the City Council received and considered a staff report pertaining to Zoning Text Amendment file number Z 18-07; and WHEREAS, the City Council held a duly noticed public hearing on August 5, 2019, at which time the City Council took and considered written and oral public testimony, the staff report, and all other documentation related to application Z 18-07; and WHEREAS, the City has determined that the review and approval of the provisions contained in the Zoning Text Amendment file number Z 18-07 is exempt from environmental review under the California Environmental Quality Act ("CEQA") pursuant to the provisions of 9.A.a Packet Pg. 273 Attachment: Ordinance GCC Chapter 30 Amendment [Revision 1] (2414 : Minor Zoning Ordinance Amendments (Z 18-07)) -2- ORDINANCE NO. 2019-XX 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;” and WHEREAS, in accordance with City of Gilroy Zoning Code Section’s 30.52.40 and 30.52.60, the Planning Commission has recommended and the City Council finds that the proposed Zoning Ordinance Text Amendment implements the general plan in conformance with state law; and WHEREAS, the location and custodian of the documents or other materials that constitute the record of proceedings upon which Z 18-07 approval is based is the office of the City Clerk. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES HEREBY ORDAIN AS FOLLOWS: SECTION I Section 30.1.40(b) is hereby amended to read as follows: (b) The zoning ordinance shall be consistent with the general plan of the City of Gilroy. Where inconsistencies do exist, the general plan shall control the use and development of such land until such time as the city council revises the zoning ordinance to achieve consistency. SECTION II Section 30.2.20 is hereby amended to add new definitions as follows: “ Clinic. See “Medical or Dental Office.” “Hospital” means a facility providing medical, psychiatric or surgical services for sick or injured persons primarily on an in-patient basis, including facilities for out-patient and emergency treatment, diagnostic services, training, research and administration, and services to patients, employees or visitors. “Medical or Dental Office/Clinic” means a facility, other than a hospital, that provides professional medical services, consultation, diagnosis and treatment of clients on an outpatient basis. This may include a group practice in which several physicians work cooperatively, and/or 9.A.a Packet Pg. 274 Attachment: Ordinance GCC Chapter 30 Amendment [Revision 1] (2414 : Minor Zoning Ordinance Amendments (Z 18-07)) -3- ORDINANCE NO. 2019-XX educational aspects such as medical instruction and/or training as well as house a laboratory, radiology/imaging, pharmacy, rehabilitation and other similar services as accessory uses. “Veterinary hospital” means a facility providing medical care for domestic pets such as dogs, cats, reptiles, birds and similar animals which may include boarding the animals two (2) or more days. This definition excludes domestic farm animals such as cattle, hogs, sheep, and horses. SECTION III Section 30.2.20 is hereby amended to replace existing definitions to read as follows: “Dwelling group” means a group of two (2) or more detached residential buildings occupying a parcel of land in one (1) ownership. “Liquor/Alcohol sales/bars (on-site consumption)” means an area primarily devoted to the serving of alcoholic beverages and in which the service of food is only incidental to the consumption of such beverages. “Office” means uses that predominantly sell professional and/or business services. The contact with the general public is not as frequent as with retail businesses or personal services, and a significant portion of the business may take place at other locations. Examples include banks, law offices, accountants, advertising, and computer support. “Parking lot” means an area of land, a yard, or other space on a lot legally used for and designed for access and parking by standard, and operable, motor vehicles. This definition excludes land used for display, rental or storage of operable or inoperable vehicles. “Window sign” means a sign which is displayed on or located behind and within one (1) foot of a window (not including a glass entry door), and is visible from a street, walkway, parking lot, or pedestrian plaza, any of which is accessible to the public. SECTION IV Section 30.11.10(c) Residential Use Table is hereby repealed and replaced, with revisions, as set forth in Attachment “A” which is attached hereto and incorporated by this reference. SECTION V Section 30.11.20(c) Residential Site and Building Requirement Table is hereby repealed and replaced, with revisions, as set forth in Attachment “B which is attached hereto and incorporated by this reference. SECTION VI Section 30.14.10 is hereby amended to read as follows: 9.A.a Packet Pg. 275 Attachment: Ordinance GCC Chapter 30 Amendment [Revision 1] (2414 : Minor Zoning Ordinance Amendments (Z 18-07)) -4- ORDINANCE NO. 2019-XX 30.14.10 Statement of intent. This district is suitable for the improvement and maintenance of existing commercial structures or the conversion or construction to new mixed use development. Residential mixed use projects are encouraged. The intent of the downtown historic district (DHD) is to foster the city’s historic downtown as a unique and prosperous commercial resource. Buildings in the downtown historic district (DHD) are mixed use with premium local and regional boutique retail uses and entertainment establishments, fostering a multicultural environment. Residential or office use above the ground floor is encouraged. Architecture should reflect historic forms and materials and adaptive reuse of historic architecture is encouraged. Wide sidewalks with strong pedestrian connections to adjacent districts are encouraged. Establishment of paseos and plazas and unique outdoor spaces of any size with fountains and public art is a priority. Parking is not allowed at street front retail locations. Note: The downtown historic district (DHD) zone does not have the same intent and purpose as the historic overlay district designation. Article XXVII Neighborhood Combining District overlay zone establishes historic site and neighborhood regulations. ” SECTION VII Section 30.19.10(c)(1) Commercial Use Table is hereby repealed and replaced in its entirety with revisions as set forth in Attachment “C” which is attached hereto and incorporated by this reference. SECTION VIII Section 30.19.10(c)(2) Downtown Commercial Use Table is hereby repealed and replaced in its entirety with revisions as set forth in Attachment “D” which is attached hereto and incorporated by this reference. SECTION IX Section 30.19.20(c)(1) Commercial Site and Building Requirement Table is hereby repealed in its entirety and replaced with revisions as set forth in Attachment “E” which is attached hereto and incorporated by this reference. SECTION X Section 30.19.20(c)(2) Commercial Site and Building Requirement Table (Downtown Specific Plan Districts) is hereby repealed in its entirety and replaced with revisions as set forth in Attachment “F” which is attached hereto and incorporated by this reference. SECTION XI Section 30.20.40 is hereby amended to read as follows: 9.A.a Packet Pg. 276 Attachment: Ordinance GCC Chapter 30 Amendment [Revision 1] (2414 : Minor Zoning Ordinance Amendments (Z 18-07)) -5- ORDINANCE NO. 2019-XX 30.20.40 Murray-Las Animas Avenue overlay combining district. The Murray-Las Animas Avenue overlay combining district includes all parcels within the geographical area bounded by Leavesley Avenue to the south, 101 Freeway to the east, Cohansey Avenue to the north and Monterey Road to the west. The planning commission shall hold a public meeting noticing all property owners and residents within this area on any planning project requiring an architectural and site review application proposed for approval within this geographical area. The public noticing costs shall be borne by the project applicant. Notwithstanding section 30.50.41 the planning commission shall review and issue or deny approval of said application according to the standards set forth in section 30.50.40 and in the Murray-Las Animas Avenue overlay combining district design policy. The applicant if not satisfied with the terms and conditions of approval or a denial from the planning commission may appeal such decision in writing to the city council within twenty (20) days of the planning commission’s decision. SECTION XII Section 30.23.10(c) Industrial use table is hereby repealed in its entirety and replaced with revisions as set forth in Attachment “G” which is attached hereto and incorporated by this reference. SECTION XIII Section 30.23.20(c) Industrial use table is hereby repealed in its entirety and replaced with revisions as set forth in Attachment “H” which is attached hereto and incorporated by this reference. SECTION XIV Section 30.24.50(c) Special regulations, Tree Removal is hereby revised to read as follows: (c) Tree Removal. Removal of live trees in areas outside public parks may be permitted upon approval of the planning director. All removal shall be in accordance with the city’s landscaping standards, contained within Article XXXVIII. SECTION XV Section 30.31.20 is hereby amended to read as follows: 30.31.20 Parking space requirements. At the time any activity is established or building or structure is erected, or is enlarged, or increased in capacity, or whenever there is a substitution of activities of a change in the nature of an existing activity, off-street parking for vehicles in such numbers as are hereinafter prescribed shall be provided. Off-street parking areas shall be provided, maintained and made accessible for each land use or activity in accordance with the following schedule, as shown: 9.A.a Packet Pg. 277 Attachment: Ordinance GCC Chapter 30 Amendment [Revision 1] (2414 : Minor Zoning Ordinance Amendments (Z 18-07)) -6- ORDINANCE NO. 2019-XX Type of Use Off-Street Parking Stalls Required SECTION XVI Section 30.31.23 is hereby amended to read as follows: 30.31.23 Institutional use off-street parking requirements. Assisted living facility Eight-tenths (8/10) stalls per residential unit, plus one (1) stall per shift employee. Churches and mortuaries One (1) stall for every four (4) seats or one (1) stall for each fifty (50) square feet of net floor area for assembly, whichever is greater. Colleges, art, craft, music and dancing schools and business, professional and trade schools One (1) stall for each employee, plus one (1) space for each four (4) students of planned capacity or one (1) stall for each four (4) auditorium seats, whichever is greater. Convalescent homes, nursing homes and sanitariums One (1) stall per staff or visiting doctor, plus one (1) stall per two (2) employees, plus one (1) stall for every four (4) beds. Day care centers One (1) stall for each employee, plus two (2) stalls, plus one (1) loading space for every five (5) children. Family Day care home Two (2) stalls per dwelling unit, one (1) of which shall be a covered carport or garage. Hospitals One (1) stall for each three (3) beds, plus one (1) stall per staff doctor, plus one (1) stall for each three (3) staff. Orphanages One (1) stall for every three (3) employees, plus one (1) stall for every ten (10) beds. Public, parochial and private elementary schools One (1) stall for each employee, plus one (1) stall for every four (4) auditorium seats, plus bus loading area. Public, parochial and private high schools One (1) stall for each employee, plus one (1) space for each ten (10) students of planned capacity or one (1) stall for each four (4) auditorium seats, whichever is greater, plus bus loading area. 9.A.a Packet Pg. 278 Attachment: Ordinance GCC Chapter 30 Amendment [Revision 1] (2414 : Minor Zoning Ordinance Amendments (Z 18-07)) -7- ORDINANCE NO. 2019-XX SECTION XVII Section 30.31.25(a) is hereby amended to read as follows: 30.31.25(a) Retail and commercial uses. Barber and beauty shops One (1) stall per one hundred (100) square feet of gross floor area. Bed and breakfast establishment Two (2) stalls, plus one (1) stall per guest room. Bus stations, train depots and other transportation depots One (1) stall for each employee, plus user parking as determined by the planning director. General retail sales, repair and services, and shopping centers One (1) stall per two hundred fifty (250) square feet of gross floor area. Hotels and motels One (1) stall for each guest room, plus six (6) stalls. Regional retail commercial centers One (1) stall per two hundred (200) square feet of gross floor area. Restaurants, bars, taverns, lunch rooms, night clubs and cocktail lounges One (1) stall for every three (3) seats or one hundred (100) square feet of gross floor area devoted to dining, whichever is greater, plus one (1) stall for each shift employee. Restaurants and other retail establishments with take-out service, walk-up or drive-up windows and roadside stands One (1) stall for every three (3) seats or one hundred (100) square feet of gross floor area, whichever is greater, plus one (1) stall for each shift employee, plus eight (8) stalls or eight (8) auto waiting spaces for each exterior service window. Retail sales of large appliances, automobiles, furniture or other similar bulky merchandise One (1) stall per six hundred (600) square feet of gross floor area. Service stations and vehicle repair garages One (1) stall per four hundred (400) square feet of gross floor area, plus one (1) stall per employee, but not less than three (3) stalls total (service bays shall not be counted as part of the required parking). Uncovered general retail sales, repair and services One (1) stall per two hundred fifty (250) square feet of gross floor area. Uncovered retail sales area for landscaping nurseries, vehicles and construction materials One (1) stall for each four thousand (4,000) square feet of gross display area, plus one (1) stall per employee, but not less than four (4) stalls. ” 9.A.a Packet Pg. 279 Attachment: Ordinance GCC Chapter 30 Amendment [Revision 1] (2414 : Minor Zoning Ordinance Amendments (Z 18-07)) -8- ORDINANCE NO. 2019-XX SECTION XVIII Section 30.31.30 (g) is hereby amended to read as follows: (g) Every use shall provide the required parking on the same parcel except: (1) The owners of adjoining properties may provide parking space in common if said parking area is secured by easement or other sufficient legal document, to the satisfaction of the community development director or designee, and provided the total number of parking spaces provided is equal to the sum of the individual needs. (2) Any use located within the parking assessment district formed under the provisions of the Gilroy Municipal Code need not provide the required parking as specified in this chapter. The parking assessment district includes those properties zoned TD, DED, and DHD that lie within the geographical area bounded by Fourth Street and Lewis Street to the north, E Sixth Street and West Sixth Street to the south, TD zoned parcels along the west side of Eigleberry, and DHD zoned parcels along the east side of Monterey Street backing to the rear alleyway, as further depicted in the Parking Assessment District Boundary Map below. Parking Assessment District Boundary Map* 9.A.a Packet Pg. 280 Attachment: Ordinance GCC Chapter 30 Amendment [Revision 1] (2414 : Minor Zoning Ordinance Amendments (Z 18-07)) -9- ORDINANCE NO. 2019-XX * Parking Assessment District’s #1 & #2 as formed by City Council Resolutions No. 856 & No. 79-99 SECTION XIX Section 30.31.50 shall be amended as follows: 30.31.50 Special parking requirements. (a) Employee Parking. Parking stalls designated for employee use may be provided as part of the required off-street parking, but only up to a maximum of the actual anticipated number of employees. Employee parking designated stalls shall be designed and located such that they are distinct and separate from other parking on the site. However, on any site where compact car parking has been provided to meet the required parking demand, stalls designated for employee parking shall not be allowed. Employees shall not be prohibited from using off-street parking. (b) Accessible Parking Requirements. Accessible parking shall comply with the requirements of the State Building Code. (c) Truck Loading and Unloading Space. All retail and wholesale stores, warehouses, supply houses, buildings devoted to manufacturing trade, hotels, hospitals or other buildings where large amounts of goods are received or shipped shall provide loading and unloading space adequate to handle the volume and frequency of truck traffic to the building or shopping center. The number and minimum dimensions of loading spaces shall be determined by the planning director. (d) Parking for adaptive re-use of a designated historical resource. For development in which a designated historical resource is converted or adapted, reductions in required parking shall be provided consistent with the provisions of Section 18962 (a) of the state Health and Safety Code. Designated historical resource means a structure or property officially designated on a local register of historical places, the California Register of Historical Resources, or the National Register of Historic Places. SECTION XX Section 30.31.60(a) (1) shall be amended to read as follows: (1) Each accessible parking stall shall be delineated by blue painted curb and lines, and shall be clearly labeled in blue paint with the standard accessible parking symbol or clearly labeled for “accessible parking only. SECTION XXI Section 30.33.20 Storage, all nonresidential zones, is hereby repealed in its entirety. SECTION XXII Section 30.33.30(a) is hereby revised to read as follows: “ (a) In residential zones, recreational vehicles, boats and trailers may be stored only on property on which the vehicle’s owner resides. Storage is permitted outside a structure on a paved, or 9.A.a Packet Pg. 281 Attachment: Ordinance GCC Chapter 30 Amendment [Revision 1] (2414 : Minor Zoning Ordinance Amendments (Z 18-07)) -10- ORDINANCE NO. 2019-XX alternative all-weather material driveway as approved by the community development director or designee, provided all of the following conditions exist: ” SECTION XXIII Section 30.41.31(b) (1) Specific provisions –Noise, Maximum Outdoor Noise levels is hereby revised to read as follows: (1) Residential Noise Impacting Residential Properties. Fixed-source outdoor mechanical equipment installed after July 1, 2007 (e.g., pool, spa, air conditioning or similar equipment) is limited to a maximum of 60 dBA Ldn measured at the property line or 70 dBA (L10) measured at the property line. SECTION XXIV Section 30.42.20 regarding Recreational Vehicle (RV) Park Development standards is hereby revised to read as follows: 30.42.20 Permitted zones for recreational vehicle parks. Recreational vehicle parks as regulated herein and that have been conditionally permitted within the highway commercial, limited industrial, and general industrial zoning districts may continue to operate in conformance with conditional use permit approval granted for the facility. No new facilities or any expansion of use shall be allowed. SECTION XXV Section 30.42.30 regarding Recreational Vehicle (RV) Park guidelines is hereby revised to read as follows: 30.42.30 Guidelines. Ongoing operations shall remain in conformance with the following guidelines, except as otherwise modified by the conditional use permit granted for the facilit y. (a) Minimum Spacing. A recreational vehicle (RV) park shall provide spaces to accommodate various types of RVs. The minimum buffer area to be provided around each RV space shall be ten (10) feet from side to side, eight (8) feet from side to rear, and six (6) feet from rear to rear or front to rear. A minimum of five (5) feet shall be provided between RV patios and any adjacent RV space. A minimum of six (6) feet shall be provided between the appurtenant structures attached to an RV and any adjacent RV space. No restroom shall be closer than twenty-five (25) feet to, nor further than four hundred (400) feet from, an RV space. Other permanent buildings shall be set back at least ten (10) feet from any RV space. (b) Landscaping/Visual Screening. All RV developments shall provide a minimum twenty-one (21) foot wide planter area, measured from the face of curb, along each street frontage (public sidewalks may be permitted in this planter area) to minimize views of the development from the public right-of-way. All areas not specifically used for driveways, walkways, patios, or similar 9.A.a Packet Pg. 282 Attachment: Ordinance GCC Chapter 30 Amendment [Revision 1] (2414 : Minor Zoning Ordinance Amendments (Z 18-07)) -11- ORDINANCE NO. 2019-XX purposes shall be landscaped in accordance with Article XXXVIII (Landscaping). The buffer area between RV spaces shall be landscaped. Landscaping materials shall meet with city standards and shall be planted to provide maximum visual relief and summer shade. The landscaped areas shall be protected from wheeled traffic by berms, curbing, fencing, posts, or other means where feasible. (c) Recreation Facilities. Recreational facilities include indoor rooms with table games as well as pools, clubhouses, common barbecue/picnic areas, and ball fields and playgrounds with swings, slides, sandboxes, and similar recreational equipment. A variety of recreational facilities shall be provided at a minimum of one hundred (100) square feet per RV space. Perimeter landscaping and landscaping between RV spaces shall not be counted as a recreational amenity. (d) Sound Attenuation Devices. Sound attenuation devices shall be of sufficient height and density to reduce exterior noise levels on the RV park to commercial standards. Sound attenuation devices shall also be required if noise from the RV park may intrude onto an adjacent property. All such sound attenuation devices shall be landscaped and constructed with aesthetically attractive materials. Landscaping berms at least two (2) feet in height shall be provided where sound attenuation devices are visible from the public right-of-way. (e) Parking. A minimum of one (1) guest parking space shall be provided for every ten (10) RV spaces. One (1) parking space shall be provided for each shift employee and shall be conspicuously labeled as such. One (1) covered parking space shall be provided for a caretaker’s residence, where applicable. Every RV must maintain the ability to be pulled or moved at all times. (f) Lighting. Lighting shall be subject to section 30.50.44. In addition, post or index lighting shall be provided to indicate the location of each RV parking space, so that the number is clearly visible at night. Low-level exterior lighting and adequate interior lighting shall also be provided for restroom and shower facilities. Such lighting shall be subject to review by the planning division. SECTION XXVI Section 30.46.40 Density bonus regulations section is hereby repealed in its entirety and replaced to read as follows: 30.46.40 Density bonus for affordable housing developments. Density bonus provisions shall be governed by the state density bonus law Government Code Section 65915 et seq. SECTION XXVII Section 30.48.20 is hereby amended to revise the section title only, to read as follows: 30.48.20 Expansion, enlargement and discontinuance. 9.A.a Packet Pg. 283 Attachment: Ordinance GCC Chapter 30 Amendment [Revision 1] (2414 : Minor Zoning Ordinance Amendments (Z 18-07)) -12- ORDINANCE NO. 2019-XX SECTION XXVIII Section 30.50.41(b)(1) is hereby amended to read as follows: (1) Changes to previously approved development permits but only for minor modification of architectural elements, exterior lighting or landscape details (including but not limited to minor storefront alterations, relocation of doors, equipment screening, minor landscape furniture and structures, benches, small trellises, and planters) which do not affect the use, intensity, general character, architectural style, circulation or other site function of the project. SECTION XXIX Section 30.50.44(a) is hereby amended to read as follows: (a) Landscaping. Landscaping plans including specifications for an irrigation system shall be approved by the planning director in accordance with Article XXXVIII, prior to issuance of a building permit. The landscaping shall be continuously maintained in an orderly, live, healthy, and relatively weed-free condition, in accordance with the approved specific landscape plan. SECTION XXX Section 30.50.44(c) is hereby amended to read as follows: (c) Exterior Lighting. No unobstructed beam of exterior lighting shall be directed outward from the site toward any residential use or public right-of-way. Lighting shall be constructed or located so that only the intended area is illuminated and off-site glare is fully controlled. SECTION XXXI Section 30.54.30 is hereby repealed and replaced in its entirety to read as follows: 30.54.30 Development standards for accessory dwelling units. An application for a building permit to construct an accessory dwelling unit will be ministerially approved within one hundred twenty (120) days after the city receives the application if the proposed accessory dwelling unit meets all of the following conditions to the satisfaction of the community development director: (a) The accessory dwelling unit must not be intended for sale separate from the primary single- family residence, but may be rented for periods not less than thirty (30) days. Prior to the issuance of the building permit for the accessory dwelling unit, the owner-occupant must record a deed restriction stating that the accessory dwelling unit must not be rented for periods less than thirty (30) days and stating that either the primary residence or the accessory dwelling unit must be owner-occupied. (b) No more than one (1) accessory dwelling unit may be established in addition to no more than the one (1) primary single-family dwelling legally constructed on residentially zoned property. 9.A.a Packet Pg. 284 Attachment: Ordinance GCC Chapter 30 Amendment [Revision 1] (2414 : Minor Zoning Ordinance Amendments (Z 18-07)) -13- ORDINANCE NO. 2019-XX The accessory dwelling unit must be located on a parcel that is designated as an RR, R1 or RH zoning district, or on a parcel that is zoned R2, R3 or R4 zoning district if the parcel is developed with only one (1) single-family dwelling and the accessory dwelling unit takes the place of any future second dwelling unit on the property, or an ND or PUD zoning district in which such use is allowed in accordance to the master plan or specific plan adopted for the neighborhood district area in which the parcel is located. (c) The accessory dwelling unit must be located on a parcel that is occupied by an existing single-family residence, and that single-family residence must have at least two (2) parking spaces that comply with the requirements of Article XXXI, Off-Street Parking Requirements. At least one (1) of these spaces must be covered. However, if the required parking space(s) for a single-family residence are proposed to be removed in order to accommodate an accessory dwelling unit, including through the conversion or demolition of a garage or carport structure, then any required replacement parking can be provided as covered or uncovered, in tandem, or with use of mechanical parking lifts. In any case a minimum of two (2) stalls per primary residential dwelling unit shall be provided, outside of the required front or street side yard setback. Each space must be at least ten (10 feet by twenty (20) feet. (d) In addition to the required off-street parking spaces for the existing single-family residence, one (1) off-street parking stall is required for the accessory dwelling unit. The additional parking stall must comply with parking stall dimensions per section 30.31.40. The additional parking stall may be covered or uncovered, and may be provided as tandem parking on a driveway that otherwise complies with the setback and paving requirements set forth in Article XXXI. Parking in setback areas or tandem parking may be denied if found to be infeasible due to specific site or life safety conditions. Notwithstanding the above, a parking stall will not be required for an accessory dwelling unit that meets any of the following criteria: (1) The accessory dwelling unit is located within one-half (1/2) mile of a public transit station, such as a bus stop or train station. (2) The accessory dwelling unit is located within an architecturally and historically significant historic district. (3) The accessory dwelling unit is contained within the existing space of the single-family residence or an accessory structure. (4) The accessory dwelling unit is located in an area where on-street parking permits are required but not offered to the occupant of the accessory dwelling unit. (5) When there is a car share vehicle located within one (1) block of the accessory dwelling unit. (e) The accessory dwelling unit can either be attached to the existing single-family unit or located within the living area of the existing single-family unit, or detached from the existing single-family unit and located on the same lot as the existing single-family unit. Detached accessory dwelling units must be limited to a single story unless the unit is built above an 9.A.a Packet Pg. 285 Attachment: Ordinance GCC Chapter 30 Amendment [Revision 1] (2414 : Minor Zoning Ordinance Amendments (Z 18-07)) -14- ORDINANCE NO. 2019-XX existing detached garage. Outside stairways serving a second story accessory dwelling unit shall not be constructed on any building elevation facing a public street. (f) The accessory dwelling must be limited to a one (1) bedroom unit with an overall floor area, garage areas excluded, not to exceed six hundred (600) square feet. However, the floor area of an attached accessory dwelling unit shall not exceed fifty percent (50%) of the total living area of the single-family residential structure (not including garage). (g) The accessory dwelling unit must contain water, sewer and gas and/or electric utility connections that are in working condition upon its occupancy. The accessory dwelling unit may be serviced by the primary residence or may have separate utility meters. The accessory dwelling unit will not be considered a new residential use for the purpose of calculating connection fees or capacity charges for these utilities. (h) The maximum height for a single-story accessory dwelling unit must be fifteen (15) feet. The maximum height for the total structure of an accessory dwelling unit located above a garage must be twenty-four (24) feet. (i) An accessory dwelling unit must conform to the setback requirements generally applicable to residential construction in the zoning district in which the property is located, subject to the following: (1) A setback of six (6) feet from the interior side and rear lot lines is required for a newly constructed detached accessory dwelling unit, and for an existing accessory structure that is expanded into an accessory dwelling unit, except that such an accessory dwelling unit that is located closer than five (5) feet to the existing single-family residence remains subject to the setback requirements applicable to the primary structure as specified by the zoning district in which the lot is located. (2) A setback of five (5) feet from the side and rear lot lines is required for an accessory dwelling unit that is constructed above a garage. (3) No additional setback is required for an existing garage that is converted into an accessory dwelling unit. (4) An accessory dwelling unit must not encroach upon the required front yard area or the required street side yard area. (j) Architectural review of the accessory dwelling unit will be limited to the following: (1) The architectural features, window styles, roof slopes, exterior materials, colors, appearance, and design of the accessory dwelling unit must be compatible with the existing single-family residence. (2) Entrances to the accessory dwelling unit must be screened from street view. 9.A.a Packet Pg. 286 Attachment: Ordinance GCC Chapter 30 Amendment [Revision 1] (2414 : Minor Zoning Ordinance Amendments (Z 18-07)) -15- ORDINANCE NO. 2019-XX (3) Any window, door or deck of an accessory dwelling unit must utilize design techniques to lessen views onto adjacent properties to preserve the privacy of residents. (4) An accessory dwelling unit located within a historic site or neighborhood combining district will be subject to the design review procedures set forth in section 30.27.40 and must be consistent with the Secretary of Interior’s Standards for the Treatment of Historic Properties. (k) The accessory dwelling unit is subject to the design standards and other zoning requirements of the zoning district in which the existing single-family dwelling is located and must be built in accordance with the building code set forth in Chapter 6, except for those design, zoning, and building standards inconsistent with state requirements under California Government Code Section 65852.2. SECTION XXXII Section 30.54.40 is hereby repealed and replaced in its entirety to read as follows: 30.54.40 Accessory dwelling units proposed within existing single-family residences and accessory structures (internal conversions). Notwithstanding any other provisions of this chapter to the contrary, an application for a building permit to create an accessory dwelling unit will be ministerially approved within one hundred twenty (120) days after the city receives the application if the proposed accessory dwelling unit meets all of the following conditions: (a) The unit is contained within the existing space of a single-family residence or legal permitted residential accessory structure (e.g., pool-house, studio workshop, or garage); (b) The unit has independent exterior access from the existing residence; (c) The side and rear setbacks of the unit are sufficient for fire safety; (d) The unit complies with applicable building and safety codes; and (e) No other accessory dwelling units or residential units have been approved on the lot. (f) The accessory dwelling must be limited to a one (1) bedroom unit with an overall floor area, garage areas excluded, not to exceed six hundred (600) square feet. (g) An accessory dwelling unit meeting the criteria of this section will not be subject to any additional parking for the unit or other development standards (except any replacement parking that may be required for the primary unit as a result of a garage conversion). SECTION XXXIII If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the 9.A.a Packet Pg. 287 Attachment: Ordinance GCC Chapter 30 Amendment [Revision 1] (2414 : Minor Zoning Ordinance Amendments (Z 18-07)) -16- ORDINANCE NO. 2019-XX remaining portions of this Ordinance. The City Council of the City of Gilroy hereby declares that it would have passed and adopted this ordinance, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases may be declared invalid or unconstitutional. SECTION XXXIV Pursuant to section 608 of the Charter of the City of Gilroy, this Ordinance shall be in full force and effect thirty (30) days from and after the date of its adoption. PASSED AND ADOPTED this __ day of ___, 2019 by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: APPROVED: Roland Velasco, Mayor ATTEST: Shawna Freels, City Clerk 9.A.a Packet Pg. 288 Attachment: Ordinance GCC Chapter 30 Amendment [Revision 1] (2414 : Minor Zoning Ordinance Amendments (Z 18-07)) -17- ORDINANCE NO. 2019-XX ATTACHMENT “A” (c) Residential Use Table. A1 RR R1 R2 R3 R4 RH ND Accessory Building X X X X X X X * Temporary Building X X X X X X X * Agricultural Uses Agriculture X X C5 C5 C5 C5 C5 * Animal Husbandry C C * Animal Services * Animal Boarding X X * Veterinary Hospital X X * Commercial Uses Bed/Breakfast Establishment (1—2 Rooms) C C C C C C * Boarding or Rooming House X C C C C C * Day Care Center C C C C C C * Family Day Care Home X X X X X X * Home Occupation2 D D D D D D * Landscape Nursery C * Sale of Farm Products (Grown on Site) X C * Subdivision Sales Office T T T T T * Public and Semi-Public Uses Community Garden X X X X X X * Emergency Shelter7 C C C C C C C * Golf Course or Country Club C C C C C C * Hospital C C * Neighborhood Bazaar T T T T T * Open Space (Recreational) X X X X X X * Private Neighborhood Park, Recreation Facility C4 C4 C4 C4 C4 C4 * Publicly Owned Building or Facility X X X X X X * 9.A.a Packet Pg. 289 Attachment: Ordinance GCC Chapter 30 Amendment [Revision 1] (2414 : Minor Zoning Ordinance Amendments (Z 18-07)) -18- ORDINANCE NO. 2019-XX A1 RR R1 R2 R3 R4 RH ND Religious Institution X X X X X X * Schools (Private ≤ 12 Students or Public) X X X X X X * Schools (Private > 12 Students) C C C C C C * Supportive and Transitional Housing6 X X X X X X X * Residential Uses Accessory Dwelling Unit1 X X X X X X * Condominiums X X X * Duplex X3 X X X * Mobile Home Park C C X X * Multiple-Family Building X X * Residential Care Homes (More Than 6 Residents) C C C C C C * Residential Care Homes (Up to and Including 6 Residents) X X X X X X * Single-Family Dwelling or Modular Home X8 X X X X X X * Townhouse X X X * X = Unconditionally permitted. C = Permitted only with conditional use permit granted by planning commission. D = Permitted subject to the approval of the planning manager. T = Temporary use—see Article XLVII. * = Refer to the master plan or specific plan adopted for the neighborhood district area in which the property is located. 1 An accessory dwelling unit is only permitted on a lot that has been developed with only one (1) legal single-family residential dwelling unit, and must comply with the regulations prescribed in Article LIV of this chapter. 2 Permitted only if the regulations of Article XL are met. 3 A duplex dwelling is permitted when all of the following conditions are met: (a) The duplex dwelling shall be located on a corner lot only; and (b) The corner lot shall have a minimum area of eight thousand (8,000) square feet and be so designated for a duplex unit on a tentative and final map; and 9.A.a Packet Pg. 290 Attachment: Ordinance GCC Chapter 30 Amendment [Revision 1] (2414 : Minor Zoning Ordinance Amendments (Z 18-07)) -19- ORDINANCE NO. 2019-XX (c) The duplex shall not increase the overall density within any given land subdivision beyond the maximum of seven and one-fourth (7 1/4) dwelling units per net acre. 4 Conditional use permit required unless otherwise allowed through an approved planned unit development. 5 Planning commission approval of a conditional use permit is required for all new agricultural uses. 6 Supportive and/or transitional housing that serves more than six (6) individuals, provides on- site services and is licensed by the state as a group home shall only be allowed upon the granting of a conditional use permit. 7 Emergency shelters shall be subject to the performance standards listed in section 30.41.32. Additionally, emergency shelters in the agriculture and residential zoning districts shall only serve families. For the purpose of this section, a family is defined as having one (1) or more individuals under eighteen (18) years of age who reside with a parent or with another person with care and legal custody of that individual (including foster parents) or with a designee of that parent or other person with legal custody. Family also includes a pregnant woman or a person who is in the process of adopting or otherwise securing legal custody of any individual under eighteen (18) years of age. 8 One residential dwelling unit may be permitted on an A1 zoned parcel that has a minimum size of 20 acres, or more. Subdivision of land for further development is not permitted without rezoning to another zoning district that implements the general plan land use map. 9.A.a Packet Pg. 291 Attachment: Ordinance GCC Chapter 30 Amendment [Revision 1] (2414 : Minor Zoning Ordinance Amendments (Z 18-07)) -20- ORDINANCE NO. 2019-XX ATTACHMENT “B” (c) Residential Site and Building Requirement Table. Residential District Requirements A1 RR R1 R2 R3 R4 ND LOT REQUIREMENTS Lot Size in Square Feet (Minimum)1 (Lots Using Street Standards in Effect Prior to February 2006) 20 ac 2.5 ac 6,000 8,0004 8,000 12,000 * Lot Size in Square Feet (Lots Using Street Standards Adopted in February 2006) 20 ac 2.5 ac 6,660 8,880 8,880 13,320 * YARD REQUIREMENTS (Minimum Setbacks in Feet. Property Lines Adjacent to Streets Measured from the Face of Curb) Front 262 262 262 262 262 262 * Front (Lots on Bulb of Cul-de-sac) 222 222 222 222 222 222 * Side (Adjacent to a Street) 21 21 21 21 21 21 * Side (All Other Side Yards) 12 12 63 63 12 12 * Rear 156 156 156 156 156 156 * Rear (Yards Backing onto Street) 26 26 26 26 26 26 * HEIGHT REQUIREMENTS (Maximum) Building Height in Feet 35 30 35 35 457 757 * Number of Stories 2 2 2 2 3 6 * Residential District Requirements A1 RR R1 R2 R3 R4 ND ADDITIONAL REGULATIONS Off-Street Parking, Article XXXI YES YES YES YES YES YES YES Fences, Article XXXIV YES YES YES YES YES YES YES Signs, Article XXXVII YES YES YES YES YES YES YES Landscaping, Article XXXVIII NO NO NO YES YES YES YES ESTABLISHED DEVELOPMENT POLICIES Hillside Development Guidelines5 YES YES NO NO NO NO NO Residential Condominium Policy NO NO NO YES YES YES YES 9.A.a Packet Pg. 292 Attachment: Ordinance GCC Chapter 30 Amendment [Revision 1] (2414 : Minor Zoning Ordinance Amendments (Z 18-07)) -21- ORDINANCE NO. 2019-XX 1 The minimum lot size shall not preclude the use of condominiums, clustered homes, mobile homes, or other innovative housing development, which conforms to the density limitations of the zoning district. 2 Garage vehicular entrances shall be set back from the property line such that they have a minimum eighteen (18) foot long driveway measured from the back of the sidewalk. 3 For dwellings located within new subdivisions (after the effective date of the ordinance codified in this chapter), containing five (5) or more lots, the total width of the two (2) side yards for any one (1) lot in an R1 or R2 district must equal twelve (12) feet. For structures in existence on the effective date of the ordinance codified in this chapter, a six (6) foot side yard setback shall be maintained, unless a smaller side yard has been allowed by a variance, planned unit development, or preexisting, nonconforming use. 4 Seven thousand (7,000) sq. ft. for preexisting lots created prior to September 15, 1983; and six thousand (6,000) sq. ft. for one (1) single-family dwelling. 5 Also applies to RH district. 6 Rear yard setbacks may be reduced to ten (10) feet to accommodate a five (5) foot encroachment for rear yard patio covers. 7 For R3 and R4 lots proposed to be developed with one (1) single-family residence as the primary use, the height of the residential dwelling unit shall not exceed two (2) stories and thirty- five feet (35’). * Residential site and building requirements shall be established by the master plan or specific plan for the neighborhood district area in which the property is located. 9.A.a Packet Pg. 293 Attachment: Ordinance GCC Chapter 30 Amendment [Revision 1] (2414 : Minor Zoning Ordinance Amendments (Z 18-07)) -22- ORDINANCE NO. 2019-XX ATTACHMENT “C” (c)(1) Commercial Use Table. PO C1 C33 HC CM Commercial Uses Adult Businesses1 C Animal Boarding C15 C15 Animal Grooming or Training X X X Veterinary Hospital/Veterinary Office C C X X Antique Shop X X X X Appliance Repair X X X Arcade X X Art Studio or Gallery X X X Auction House X X Automotive Body Repair and Painting C Automotive Parts Sales X X X Automotive Repair X X Automotive Sales (Indoor or Outdoor) X X Automotive Sales, Temporary6 C C C Automotive Gasoline/Fueling Station C X X X Car Wash X X Tire Shop X X X Bank C X X X Bakery/Coffee House X X C X Bars: On-Site Liquor/Alcohol Consumption (Except as Ancillary to a Restaurant Use) C4,9 X9 X9 X9 Bed and Breakfast Establishment X X X X Boat and Motorcycle Sales X X Bowling Alley X X Building Materials Sales and Storage X X Card Room C C Clothing Sales/Service Establishment X X X Contractor’s Yard X Dance Venue, Small X X X X Dance Venue, Medium12 X X Dance Venue, Large12 X X Desktop Publishing/Copy Shop X X X X Feed Store C C X Festival T T T Grocery Store or Deli/Supermarket X X X Gymnasium/Health Studio X X X Home Occupation10 X X X X Hotel, Motel X X X Laboratory (Research and Testing) C X X Landscape Nursery X X 9.A.a Packet Pg. 294 Attachment: Ordinance GCC Chapter 30 Amendment [Revision 1] (2414 : Minor Zoning Ordinance Amendments (Z 18-07)) -23- ORDINANCE NO. 2019-XX Liquor/Alcohol Sales with Tasting (Wine and Beer Only)9 X9 X9 X9 Liquor/Alcohol Sales (Off-Site Consumption)9 C9 X9 X9 X9 Medical or Dental Office/Clinic X X X X Mortuary or Crematory X X Newspaper Printing Facility X Office X X X X Outdoor Amusement/Recreation14 C C C Parking Lot X X X Pawn Shop X X Personal Services11 X X X Pool and Billiards Establishment and Indoor Recreation X X Printing/Sign Painting Establishment X X Restaurant17 X X X X Retail Sales Establishments X X C X Theater X X X Therapy Clinic (Licensed Provider) X X X X Tire Shop X X X Tow Yard C Light Industrial Uses Light Industrial Uses Permitted in M17 X Plumbing or Sheet Metal Shop X Pottery and Ceramics Manufacturing X Truck Stop C C Public and Semi-Public Uses Ambulance Service X X X X Religious Institution X X X C Community Center C X X Day Care Center C X X C Emergency Shelter16 C C C C X Hospital, Rest Home, Sanitarium X X Lodge, Club, or Fraternal Hall C C X X Public Facility X X X C X School (Private ≤ 12 Students) X X X X School (Private > 12 Students) C C C C Residential Uses Boarding or Rooming House C Caretaker’s Quarters2 C C C C C Residential Unit C5 X5 X5 Temporary Uses Christmas Tree Lot T T T T Outdoor Booth/Sales13 T T T T T X = Unconditionally permitted. T = Temporary use—See Article XLVII. 9.A.a Packet Pg. 295 Attachment: Ordinance GCC Chapter 30 Amendment [Revision 1] (2414 : Minor Zoning Ordinance Amendments (Z 18-07)) -24- ORDINANCE NO. 2019-XX C = Permitted only with conditional use permit granted by planning commission. 1 Conditionally permitted in the C3 district except for C3 property that is part of a block which abuts First Street, and in accordance with the requirements set forth in Article XXVIII. 2 If a caretaker’s residence is in a trailer or a mobile home, a conditional use permit is required and is valid for only one (1) year, with a maximum one (1) year extension. One (1) unit for caretaker’s quarters is an unconditionally permitted use when in conjunction with hotels, motels, bed and breakfast establishments, ambulance services, churches or mini-storage facilities. 3 Commercial uses proposed east of the South Valley Freeway, on property zoned C3 (shopping center commercial), shall meet the following findings prior to establishment: (a) The intent of the proposed business is to merchandise products and/or provide services to a clientele base which represents a regional draw; and (b) A regional draw shall mean a clientele base with at least seventy-five percent (75%) of the customers residing outside the city limits. 4 The requirement for a conditional use permit does not apply to businesses whose primary use is the preparation and service of food. 5 Residential units may be allowed in conjunction with an existing business. Stand-alone single-family residential use of a lot is not permitted. Residential units in the C3 zones may be allowed when located on the second or third floor of a building. More than one (1) residential unit may be allowed upon approval of a conditional use permit pursuant to section 30.50.30. All residential unit projects within commercial zones shall comply with the following guidelines: (a) The number of residential units shall not compromise the quality or character of any existing or proposed businesses located on the same property; (b) The number of residential dwellings shall be limited by the availability and provision of off-street parking stalls; (c) All bedrooms proposed for residential use shall meet minimum square footage requirements in compliance with the Uniform Building Code; and (d) Open space shall be provided, when feasible. 6 A conditional use permit may be granted to an auto-related sales business for up to four (4) temporary auto sale events on the same property within one (1) calendar year. 7 Uses allowed in the M1 zoning district subject to a conditional use permit are also subject to conditional use permit in the CM zoning district. 8 These uses are unconditionally permitted on the second story and above. Any time these uses are proposed for the first floor (sidewalk level), a conditional use permit is required. 9 Requests for new State Alcoholic Beverage Control (ABC) alcoholic beverage licenses are subject to review and approval of the city’s chief of police. 10 Permitted only if the regulations of Article XL are met. 9.A.a Packet Pg. 296 Attachment: Ordinance GCC Chapter 30 Amendment [Revision 1] (2414 : Minor Zoning Ordinance Amendments (Z 18-07)) -25- ORDINANCE NO. 2019-XX 11 Commercial uses providing needed services of a personal nature. Personal services generally include barber and beauty shops, nail salons, tanning and spa salons, seamstresses, tailors, shoe repair shops, dry cleaning (except bulk processing plants), self service laundries, massage parlors, and tattoo and piercing parlors. 12 Provided that all provisions set forth in Chapter 8 are satisfied. See also Article II “Definitions” for additional use specifications. 13 Outdoor booths and sales are permitted for thirty (30) days per calendar year, in compliance with the city’s temporary use policy. 14 Outdoor amusement and recreation facilities require a conditional use permit. Indoor amusement and recreation facilities are permitted without a conditional use permit. 15 A conditional use permit is required for animal boarding within one hundred fifty (150) feet of residential properties and/or for businesses that board animals outside. Businesses that board animals more than one hundred fifty (150) feet from residentially zoned properties do not require a conditional use permit as long as the animals are contained inside a building. 16 Emergency shelters shall be subject to the performance standards listed in section 30.41.32. 17 A drive-through window may be allowed for retail establishments/restaurant uses outside of the downtown. 9.A.a Packet Pg. 297 Attachment: Ordinance GCC Chapter 30 Amendment [Revision 1] (2414 : Minor Zoning Ordinance Amendments (Z 18-07)) -26- ORDINANCE NO. 2019-XX ATTACHMENT “D” (2) Downtown Commercial Use Table. DHD DED CCA TD CD GD Commercial Uses Animal Boarding X11 X11 X11 C19 Animal Grooming or Training X X X X Animal Hospital/Veterinary Office X Antique Shop X X X X Appliance Repair X X X Arcade and Internet Access as Primary Use X X X X Art, Dance, Gymnastic and Music Studios or Galleries X X X X X X Auction House X4 X X Automotive Body Repair and Painting C Automotive Car Stereos and Alarm Systems Sales and Installation X17 X17 X17 Automotive Car Wash X Automotive Gasoline/Fueling Station X10 X Automotive Parts Sales X10 X Automotive Repair and Service X10 X13 Automotive Sales X9 X X Automotive Sales, Temporary3 C C C C Automotive Tire Shop X10 X Bank X X X X X Bakery/Coffee House X X X X X X Bakery, Commercial C12 C12 X X Bed and Breakfast Establishment X X X Boat and Motorcycle Sales X X Bowling Alley X X X Building Materials Sales and Storage X Card Room C C Clothing Sales/Service Establishment X X X X X Cottage Industry with Light Manufacturing and X X 9.A.a Packet Pg. 298 Attachment: Ordinance GCC Chapter 30 Amendment [Revision 1] (2414 : Minor Zoning Ordinance Amendments (Z 18-07)) -27- ORDINANCE NO. 2019-XX DHD DED CCA TD CD GD Assembly Dance Venue, Small X X X X X X Dance Venue, Medium15 X X X X X X Dance Venue, Large X16 X16 X16 C15 Desktop Publishing/Copy Shop X4 X X X X X Festival T T T T T T Grocery Store or Deli (Not Supermarket) X X X X X X Gymnasium/Health Studio X X X X X X Home Occupation6 X X X X X X Hotel, Motel X X X Laboratory (Research and Testing) X4 C C X Landscape Nursery X Liquor/Alcohol Sales/Bars (On-Site Consumption of Beer, Wine, or Liquor, not including Micro- Brewery and Wine Tasting Provisions below)5 C1 C1 C1 C1 C1 Liquor/Alcohol Sales (Off-Site Consumption)5 C C C C Medical or Dental Office/Clinic X4 X X X Micro-Breweries and Wine Tasting21 D D D Museums X X X X X X Mortuary or Crematory C X X Newspaper Printing Facility X Office X4,22 X X X X X Outdoor Amusement/Recreation18 C Parking Lot (Automobile Parking) X X X X X X Pawn Shop X X Personal Services7 X8 X8 X X X X Pool/Billiards Establishment and Indoor Recreation X X C Printing/Sign Painting Establishment X X X X Restaurant X X X X X X Restaurant with Drive Through X X Retail Sales 10,000 sq. ft. or Less X X X X X Retail Sales 10,001 sq. ft. to 50,000 sq. ft. X X 9.A.a Packet Pg. 299 Attachment: Ordinance GCC Chapter 30 Amendment [Revision 1] (2414 : Minor Zoning Ordinance Amendments (Z 18-07)) -28- ORDINANCE NO. 2019-XX DHD DED CCA TD CD GD Retail Sales 50,001 sq. ft. or More X Supermarket X X Theater X X X X X X Therapy Clinic (Licensed Provider) X4 X X X X Tow Yard (No Dismantling or Parts Sales) C Public and Semi-Public Uses Ambulance Service X10 X X Community Center X4 X X X X X Adult or Child Day Care Center C X X X X Emergency Shelter20 C C C C C C Hospital, Rest Home, Sanitarium C X Lodge, Club, or Fraternal Hall X4 C X C X Public Facility X X X X X X Religious Institution X4 X X X X School (Private ≤ 12 Students) X4 X X X X X School (Private > 12 Students) C C C C C C Residential Uses Boarding or Rooming House C C C Caretaker’s Quarters X X X X X C Residential Units2 X4 X4 X14 X X X Temporary Uses Bazaar T T T T T Christmas Tree Lot T T T T Outdoor Booth/Sales T T T T T T X = Unconditionally permitted. T = Temporary use—See Article XLVII. C = Permitted only with conditional use permit granted by planning commission. D = Permitted only with an administratively approved downtown use permit granted by the community development director, or his/her designee. 1 The requirement for a conditional use permit does not apply to businesses whose primary use is the preparation and service of food, and liquor/alcohol is served as a clearly ancillary use. 9.A.a Packet Pg. 300 Attachment: Ordinance GCC Chapter 30 Amendment [Revision 1] (2414 : Minor Zoning Ordinance Amendments (Z 18-07)) -29- ORDINANCE NO. 2019-XX 2 All residential unit projects within commercial zones shall comply with the following guidelines: (a) The number of residential units shall not compromise the quality or character of any existing or proposed businesses located on the same property; (b) The number of residential dwellings shall be limited by the availability and provision of off-street parking stalls or as allowed by ordinance; (c) All bedrooms proposed for residential use shall meet minimum square footage requirements in compliance with the Uniform Building Code; and (d) Open space shall be provided, when feasible. (e) Notwithstanding subsections (a) and (b) of this footnote, the minimum residential density in the DHD, DED and CD districts shall be twenty (20) units per acre. (f) Development of new stand-alone single-family residential use on a lot within the downtown commercial districts is not allowed. However, an existing legally permitted historic single-family residence shall be deemed a conforming land use. 3 A conditional use permit may be granted to an auto related sales business for up to four (4) temporary auto sales events on the same property within one (1) calendar year. 4 These uses are unconditionally permitted on the second story and above. Any time these uses are proposed for the ground level or first floor (sidewalk level), a conditional use permit is required. Residential units in these zones shall not front on the street. 5 Requests for new State Alcoholic Beverage Control (ABC) alcoholic beverage licenses are subject to review and approval of the city’s chief of police. 6 Permitted only if the regulations of Article XL, Home Occupation, are met. 7 Commercial uses providing needed services of a personal nature. Personal services generally include barber and beauty shops, nail salons, tanning and spa salons, seamstresses, tailors, shoe repair shops, dry cleaning (except bulk processing plants), self service laundries, massage parlors, and tattoo and piercing parlors, except where expressly prohibited (see footnote 8). 8 Uses offering the primary personal services of massage, tattoo, and/or piercing are prohibited. 9 Indoor only for the display and sales of automobiles with no repair or servicing. 10 Not permitted on any parcel fronting on Eigleberry Street or on those parcels that may front a side street on the one-half (1/2) block west of Gourmet Alley. 11 Day boarding only allowed; no overnight boarding. 12 Must have a prominent ancillary retail outlet or use. 13 Must be approved by a conditional use permit if within one hundred fifty (150) feet of a residential use. 9.A.a Packet Pg. 301 Attachment: Ordinance GCC Chapter 30 Amendment [Revision 1] (2414 : Minor Zoning Ordinance Amendments (Z 18-07)) -30- ORDINANCE NO. 2019-XX 14 Residential units may be allowed on the ground floor if located between Eigleberry and Church Streets behind a business. 15 Only allowed ancillary to a primary use (see Article II Definitions). Provided that all other provisions set forth in Chapter 8 are satisfied. 16 Up to three (3) large dance venues are allowed in the DHD downtown historic district, DED downtown expansion district, CCA civic/cultural arts district, combined, and only located on Monterey Street between 1st St. and 10th St. and only with a downtown special use permit granted by the community development director or designee; and provided, that all provisions set forth in Chapter 8 are satisfied. City council approval is required for the fourth or more large dance venue in the DHD downtown historic district, DED downtown expansion district, CCA civic/cultural arts district, combined, and only located on Monterey Street between 1st St. and 10th St. and only with a downtown special use permit granted by the community development director or designee; and provided, that all provisions set forth in Chapter 8 are satisfied. 17 Sales shall be limited to car stereos and alarm systems, and installation and servicing must take place indoors. In the gateway district, outdoor installation and servicing may occur. However, a conditional use permit is required if located within one hundred fifty (150) feet of a residentially zoned property. 18 Outdoor amusement and recreation facilities require a conditional use permit. Indoor amusement and recreation facilities are enumerated under “pool/billiards establishment and indoor recreation.” 19 A conditional use permit is required for animal boarding within one hundred fifty (150) feet of residential properties and/or for businesses that board animals outside. Businesses that board animals more than one hundred fifty (150) feet from residentially zoned properties do not require a conditional use permit as long as the animals are contained inside a building. 20 Emergency shelters shall be subject to the performance standards listed in section 30.41.32. 21 Administrative approval of a downtown use permit is required when criteria set forth in section 30.50.35 are met. Any micro-brewery or wine tasting uses not meeting the criteria noted in section 30.50.35 would fall into the liquor sales/bars (on-site consumption of beer, wine, or liquor, except uses meeting micro-brewery and wine tasting provision) category in the use table. 22 Within the downtown historic district (DHD) zone district, along Monterey Road north of 4th Street and south of 6th Street, ground level active office uses shall be allowed without a conditional use permit until September 1, 2020. Active office uses are those that operate in a manner that promotes and enhances pedestrian activity in the downtown area, in alignment with the downtown specific plan vision. After that date, conditional use permit approval shall be required for such uses throughout the DHD zone district. 9.A.a Packet Pg. 302 Attachment: Ordinance GCC Chapter 30 Amendment [Revision 1] (2414 : Minor Zoning Ordinance Amendments (Z 18-07)) -31- ORDINANCE NO. 2019-XX ATTACHMENT “E” (c)(1) Commercial Site and Building Requirement Table. Commercial District Requirements PO C1 C3 HC CM LOT REQUIREMENTS Lot Size in Square Feet (min.) (Lots Created Prior to September 2005) 8,000 none none none none Lot Size in Square Feet (min.) (Lots Created After September 2005) 8,880 none none none none LOT COVERAGE * * * * * Commercial District Requirements PO C1 C3 HC CM YARD REQUIREMENTS (Minimum Setbacks in Feet) Front (Measured from the Face of Curb) 31 31 41 31 26 Side (Adjacent to Street) (Measured from the Face of Curb) 21 21 31 31 26 Side (All Other Side Yards) 6 ** 0 ** ** Rear ** ** 0 ** ** HEIGHT REQUIREMENTS (Maximum) Building Height in Feet1 35 35 55 55 35 Number of Stories 2 2 4 4 2 ADDITIONAL REGULATIONS Off-Street Parking, Article XXXI Yes Yes Yes Yes Yes Fences, Article XXXIV Yes Yes Yes Yes Yes Signs, Article XXXVII Yes Yes Yes Yes Yes Landscaping, Article XXXVIII Yes Yes Yes Yes Yes Performance Standards, Article XLI Yes Yes Yes Yes Yes ESTABLISHED DEVELOPMENT POLICIES Commercial Condominium Policy Yes Yes Yes Yes Yes Industrial Design Guidelines n/a n/a n/a n/a Yes Leavesley Road Policy n/a n/a Yes Yes Yes Street Furniture Policy Yes Yes Yes Yes Yes Tenth Street Policy n/a n/a Yes n/a Yes * Within existing setbacks. 9.A.a Packet Pg. 303 Attachment: Ordinance GCC Chapter 30 Amendment [Revision 1] (2414 : Minor Zoning Ordinance Amendments (Z 18-07)) -32- ORDINANCE NO. 2019-XX ** Setback from a rear or side property line shall match the setback required along the same property line for the most restrictive adjacent property. (There is no setback requirement if the adjacent property is in the same zoning district.) 1 The planning division manager may approve architectural features such as tower elements, elevator service shafts, and roof access stairwells which extend up to ten percent (10%) above the height limit. 9.A.a Packet Pg. 304 Attachment: Ordinance GCC Chapter 30 Amendment [Revision 1] (2414 : Minor Zoning Ordinance Amendments (Z 18-07)) -33- ORDINANCE NO. 2019-XX ATTACHMENT “F” (2) Commercial Site and Building Requirement Table (Downtown Specific Plan Districts). Commercial District Requirements DHD DED CCA TD CD GD LOT REQUIREMENTS Lot Size in Square Feet (Minimum) none none none none none none LOT COVERAGE (Use FAR or Density, Not Both) Floor Area Ratio (FAR) 2.5 2.5 1.55 2.05 0.755 Monterey St. to Church St. (FAR) 1.5 Church St. to Dowdy St. (FAR) 1.0 DENSITY (Use FAR or Density, Not Both) 5 20 du/ac (min) 20 du/ac (min) n/a8 20 du/ac (max) 20-40 du/ac (min/max) 30 du/ac (max) YARD REQUIREMENTS (Setbacks in Feet Measured from Property Line) Minimum/Maximum Min/Max Min/Max Min/Max Min/Max Min/M ax Front 0/15 0/15 0/none 0/15 15/none Side (Adjacent to Street) 0/101 0/101 0/none1 10/none1 15/none Side (All Other Side Yards) 0/none2 0/none2 0/none2 0/10 15/none Rear 03/none 03/none 0/none 0/none 10/none Special Circumstances Minimum/Maximum Min/Max Eigleberry Street to Church Street Front 0/10 Side (Adjacent to Street) 10/none Side (All Other Side Yards) 0/10 Rear 10/none Church Street to Dowdy Street Front 20/none Side (Adjacent to Street) 10/none Side (All Other Side Yards) 10/none Rear 10/none East of Eigleberry Street Min/Max 9.A.a Packet Pg. 305 Attachment: Ordinance GCC Chapter 30 Amendment [Revision 1] (2414 : Minor Zoning Ordinance Amendments (Z 18-07)) -34- ORDINANCE NO. 2019-XX Front 0/15 Side (Adjacent to Street) 10/none1 Side (All Other Side Yards) 0/none2 Rear 0/5 West of Eigleberry Street Front 154/none Side (Adjacent to Street) 10/none Side (All Other Side Yards) 5/none Rear 10/none Commercial District Requirements DHD DED CCA TD CD GD HEIGHT REQUIREMENTS (Maximum) Building Height in Feet6 50 50 50 40 50 40 Fronting Railroad Street 35 Number of Stories7 4 4 4 3 4 3 BUILDING FORM Street Front Building Height (Minimum Feet) 25 min 25 min 25 min None 25 min None Third and Fourth Floor Setback Required Yes Yes Yes No No No Facades Greater than 40 Feet in Length Shall Replicate Traditional 20 to 40 Feet Store Fronts Yes Yes No No No No RAILROAD CORRIDOR STANDARD (See Railroad Corridor Standards, Article XIV) Yes Yes No No Yes Yes ADDITIONAL REGULATIONS Off-Street Parking, Article XXXI Yes Yes Yes Yes Yes Yes Fences, Article XXXIV Yes Yes Yes Yes Yes Yes Signs, Article XXXVII Yes Yes Yes Yes Yes Yes Landscaping, Article XXXVIII Yes Yes Yes Yes Yes Yes Performance Standards, Article XLI Yes Yes Yes Yes Yes Yes ESTABLISHED DEVELOPMENT POLICIES Commercial Condominium Policy Yes Yes Yes Yes Yes Yes Street Furniture Policy Yes Yes Yes Yes Yes n/a Tenth Street Policy n/a Yes n/a Yes n/a n/a 1 To be reviewed for vehicular sight distance. 9.A.a Packet Pg. 306 Attachment: Ordinance GCC Chapter 30 Amendment [Revision 1] (2414 : Minor Zoning Ordinance Amendments (Z 18-07)) -35- ORDINANCE NO. 2019-XX 2 To be reviewed by staff to ensure compliance with urban design principles. 3 Rear yard setback for parcels east of Monterey Street, between Lewis and Seventh is fifty-one (51) feet to accommodate drive access and parking. 4 Ten (10) foot setback to property line allowed with a porch. 5 Use floor area ratio to determine project size for commercial and mixed-use development, and use residential density to determine project size for stand-alone residential development. Residential use is only allowed as part of a mixed use development within the DHD, DED and CCA districts. Stand-alone (multi-family) residential development is only allowed within the cannery district (CD), gateway district (GD) and transitional district (TD). See Article XIV for additional specifications. 6 The planning division manager may approve architectural features such as tower elements, elevator service shafts, and roof access stairwells which extend up to ten percent (10%) above the height limit. 7 New buildings should be no more than two (2) stories higher or lower than neighboring buildings. If higher or lower buildings are desired, the massing should be stepped so as to create a smooth transition. 8 No min/max density. See Downtown Specific Plan for additional specifications. Residential apartments, townhomes, live/work units above/behind ground floor only allowed between Eigleberry Street and Church Street. 9.A.a Packet Pg. 307 Attachment: Ordinance GCC Chapter 30 Amendment [Revision 1] (2414 : Minor Zoning Ordinance Amendments (Z 18-07)) -36- ORDINANCE NO. 2019-XX ATTACHMENT “G” (c) Industrial Use Table. CI M1 M2 Commercial Uses Ancillary Retail4 C C C Animal Hospital/Boarding (aka, Kennel, indoor or outdoor) C X Amusement or Recreation Facility C C Automotive Repair or Body Shop X X Building Materials Sales and Storage Establishments X X Cafeteria (for Employees Only) X X X Dry Cleaning and Laundry Facilities (Bulk) X X Office (Corporate) X X X5 Printing Shops X X X Professional Offices X X Restaurant7 X C C Trailer, Commercial Truck, and Industrial Equipment Lease or Sales X X Veterinarian Office X Industrial Uses Assembly Plant—Electronics X X X Assembly Plant—Light (Scientific/Medical) X X X Assembly Plant—Heavy (Vehicles/Vessels/Equipment) X Cabinet Shop X X Chemical Supply Establishment X Concrete Batch Plant C Contractor’s Yard X X Crematorium X X Data Processing Establishment X X X Distribution Facility C C Feed Yard C X Food Processing Plant C X Hazardous Waste Transport, Recycling, Processing, or Storage Facility2,3 C Laboratory X X 9.A.a Packet Pg. 308 Attachment: Ordinance GCC Chapter 30 Amendment [Revision 1] (2414 : Minor Zoning Ordinance Amendments (Z 18-07)) -37- ORDINANCE NO. 2019-XX CI M1 M2 Lumber Yard X X Machine Shop X X Manufacturing Plant—Electronic Components, Plastics, Ceramics C C X Manufacturing Plant—Heavy (Vehicles, Equipment, etc.) X Manufacturing Plant—Light (Scientific/Medical) X X X Mini-Storage and Locker Storage C C Music Studio X X X Rental Facilities X X Research and Development Facility X X X Sheet Metal Fabrication X Tow Yard C X Truck Service/Repair Station or Terminal C C Truck Storage or Parking Yard C X Truck Stop C C Warehouse Facility X X Waste Material Handling Facility/Recycling Facility C Welding Facility X X Wholesale Establishments X X Wrecking Yard or Dismantling Facility C Public and Semi-Public Uses Religious Institution C C Day Care Center X C Emergency Shelter6 C C C Hospital X C C Medical or Dental Office/Clinic X C Public Utility Service X X Schools (Colleges, Vocational, Trade Schools) X X C Temporary Uses Caretaker’s Residence1 C C Christmas Tree Lot T T Festival T T T Outdoor Booth/Sales T T T 9.A.a Packet Pg. 309 Attachment: Ordinance GCC Chapter 30 Amendment [Revision 1] (2414 : Minor Zoning Ordinance Amendments (Z 18-07)) -38- ORDINANCE NO. 2019-XX X = Unconditionally permitted. C = Permitted only with conditional use permit granted by planning commission. T = Temporary use—See Article XLVII. 1 If a caretaker’s residence is in a trailer, recreational vehicle, or a mobile home, it will be permitted for only one (1) year, with a maximum one (1) year extension. 2 Not permitted within one thousand (1,000) feet of the exterior limits of any school property or City of Gilroy water well. 3 All hazardous waste transport, recycling, processing and storage facilities must comply with the County of Santa Clara’s hazardous waste management plan. 4 Ancillary retail sales uses include the sales, rental, display, storage, repair and servicing of commodities as part of an existing industrial business. Ancillary retail uses that do not exceed ten percent (10%) of the gross enclosed floor area for buildings that are ten thousand (10,000) square feet or less, or ancillary retail uses that do not exceed five percent (5%) of the gross enclosed floor area for buildings that are larger than ten thousand (10,000) square feet may be approved by the planning division manager, subject to the definition of “ancillary uses.” Ancillary retail sales uses which are not approvable by the planning division manager will require approval of a conditional use permit. Conditional use permit findings on “ancillary retail” sales uses are subject to the following criteria: (a) The floor area used for retail display and sales occupies no more than twenty-five percent (25%) of the gross floor area of the building. (b) The area used for retail display and sales is separated from the remainder of the building area by a partition. (c) All retail display and sales uses are conducted within a completely enclosed building. (d) The retail use complies with all parking requirements of Article XXXI. Such uses do not increase the amount of parking or traffic beyond that generally associated with the primary industrial use. (e) The retail use (including any signage, displays and advertising) is in keeping with the industrial character of the district. 5 Corporate offices are allowed in the M2 district when in conjunction with an otherwise allowed industrial use for the district. 6 Emergency shelters shall be subject to the performance standards listed in section 30.41.32. 7 A drive-through window may be allowed for retail establishments/restaurant uses outside of the downtown. 9.A.a Packet Pg. 310 Attachment: Ordinance GCC Chapter 30 Amendment [Revision 1] (2414 : Minor Zoning Ordinance Amendments (Z 18-07)) -39- ORDINANCE NO. 2019-XX ATTACHMENT “H” (c) Industrial Site and Building Requirement Table. Industrial District Requirements CI M11 M2 LOT REQUIREMENTS Building Coverage (Maximum) 50% 60% 60% YARD REQUIREMENTS (Minimum Setbacks in Feet) Front (Measured from the Face of Curb) 41 41 26 Side 20 None None Side (Adjacent to Street – Measured from the Face of Curb) 31 31 31 Rear 20 None None HEIGHT REQUIREMENTS (Maximum) Building Height in Feet 35 35 75 Number of Stories 2 2 6 ADDITIONAL REGULATIONS Off-Street Parking, Article XXXI Yes Yes Yes Fences and Obstructions, Article XXXIV Yes Yes Yes Signing, Article XXXVII Yes Yes Yes Landscaping, Article XXXVIII Yes Yes Yes Performance Standards, Article XLI Yes Yes Yes ESTABLISHED DEVELOPMENT POLICIES Industrial Condominium Policy Yes Yes Yes Industrial Design Guidelines Yes Yes Yes Leavesley Road Policy Yes Yes n/a Tenth Street Policy Yes Yes Yes 1 All parcels within the geographical area bounded by Leavesley Avenue to the south, SR 101 to the east, Cohansey Avenue to the north and Monterey Road to the west are part of the Murray- Las Animas Avenue overlay combining district. Properties in this district are subject to the requirements of section 30.20.40 and to the “Murray-Las Animas Avenue overlay combining district design policy.” 9.A.a Packet Pg. 311 Attachment: Ordinance GCC Chapter 30 Amendment [Revision 1] (2414 : Minor Zoning Ordinance Amendments (Z 18-07)) City of Gilroy STAFF REPORT Agenda Item Title: Approval of an Amendment to Property Improvement Agreement No. 2015-06 for Harvest Park Phase II - Tract 10276; APN 790-06- 044 Meeting Date: October 7, 2019 From: Gabriel Gonzalez, City Administrator Department: Public Works Department Submitted By: Girum Awoke Prepared By: Gary Heap Gary Heap Strategic Plan Goals ☐ Fiscal Stability ☐ Downtown Revitalization ☐ Economic Development ☐ Neighborhood Services ☐ Enhanced Public Safety ☐ Workforce Stability ☐ Public Engagement RECOMMENDATION Approve an Amendment to Property Improvement Agreement No. 2015-06 for Harvest Park Phase II - Tract 10276; APN 790-06-044. BACKGROUND On August 19, 2019, staff presented a report regarding a Property Improvement Agreement (PIA) amendment for the Harvest Park Phase II project, per the request of the project developer Meritage Homes; the outstanding request from Meritage is to modify the reimbursement amounts identified in the Harvest Park Phase II PIA to better represent the actual construction costs of the following TIF projects: 1. Segment 2c – Cohansey Avenue from Church Street to Monterey Road 9.B Packet Pg. 312 2. Bridge 21 – Cohansey Avenue at Llagas Creek 3. Intersection 32 – Cohansey Avenue / Monterey Road After detailed review of the project cost estimates, the TIF program and cash flow projections, staff prepared and presented to Council a draft amendment to the PIA. On August 19, 2019 staff received an email from Mr. James Suner, who was the original project developer, with back-up documentation for Harvest Park Phase II pre- development costs. In this email, as well as at the Council meeting presentation, Mr. Suner requested that these expenses, in the amount of $332,383.22, be included in the revised total reimbursement estimate of $7,192,772.85. Mr. Suner also stated these costs were listed in the original PIA as a separate line item intentionally, and should be paid accordingly. This request for reimbursement was also included in the original December 13, 2018 submittal from Meritage Homes. While the City’s agreement, through the PIA is with Meritage Homes and not Mr. Suner, the City Council continued the item to a future meeting to allow staff to evaluate the claim and take appropriate action to amend the PIA. On September 13, 2019, Mr. Suner notified the City that his engineer, Hanna -Brunetti, had incorrectly stated their previously reported pre-development engineering charges. They had originally reported an amount of $243,193.56. The corrected amo unt is $51,227.14. See attached staff memo. This now reduces Mr. Suner’s request for pre- development cost reimbursement from $332,383.22 to $140,416.80. ANALYSIS The recently adopted Traffic Impact Fee Reimbursement Policy allows for reimbursement of soft costs for various items including designs costs. The soft costs reimbursement is calculated as 10% of the itemized construction cost items from the Traffic Master Plan Project Cost Estimate Work Sheet. The policy allows the City Engineer the discretion to increase this 10% soft cost reimbursement value to 15%. The maximum reimbursement values indicated in the revised PIA allow for the following soft cost reimbursements at the following 10% and 15% values: Figure 1: Chart of the Difference between 10% and 15% Reimbursement Rates Project Maximum Total Reimbursement 10% Soft Cost Reimbursement 15% Soft Cost Reimbursement 10% to 15% Cohansey Segment $502,738.61 $38,246.85 $57,370.28 $19,123.43 Cohansey/Monterey Intersection $2,456,373.12 $189,602.81 $284,404.22 $94,801.41 Cohansey Bridge $4,233,661.12 * * * Totals 7,192,772.85** $227,849.66 $341,774.50 $113,924.84 9.B Packet Pg. 313 * There is no soft cost (design) reimbursement for the Cohansey Bridge since the City managed the project’s design and paid for the design directly. ** Does not include the $474,947 reimbursement for the water main installation. As can be seen, by increasing the soft cost reimbursement amount from 10% to 15%, there is an increased reimbursement value of $113,924.84. There is also the option of including the original $150,000 (PIA Section 32.a.iv) that was included in the original PIA for reimbursement of miscellaneous design, permit and review fees. Staff has discussed the option of keeping this provision in the revised PIA with the City Attorney’s office. Below is the language from the original Meritage Harvest Park Phase II PIA: “32. If there are any reimbursements payable to the Developer, they must be specifically identified in this Agreement. Any such reimbursements shall be payable to the original Developer named in this Agreement above, and shall not inure to the benefit of any subsequent owners of all or any portion of the Property. All reimbursements payable to Developer shall be subject to the City’s reimbursement policies and ordinances in effect from time to time, including without limitation any expiration dates identified in such policies and ordinances. Such reimbursement shall be solely contingent upon the availability of the City’s Traffic Impact Fee Funds and in no case shall the reimbursement be paid beyond ten (10) years after the execution of the Agreement. In addition to any other conditions, requirements and limitations set forth in the City’s reimbursement policies and ordinances from time to time, (i) in no event shall any reimbursements be payable to Developer if City determines in its sole and absolute discretion from time to time that there are not sufficient reserves then on hand in the specific reimbursement fund from which Developer’s reimbursement is payable, over and above any amounts anticipated to be required to be expended from such reimbursement fund, which reserves, at a minimum, are equal to at least half of the remaining average yearly anticipated expenditures of such reimbursement fund as determined by City from time to time; (ii) City may, in its sole and absolute discretion, make partial reimbursement payments to Developer in yearly increments, as determined by City; and (iii) City may defer payments in any given year if projects deemed by City to be o f high importance are determined by City, in its sole and absolute discretion, to be warranted or necessary, and the funds in such reimbursement fund are designated by the City for use on such projects of high importance. a. The Developer shall be reimbursed for the following traffic improvements. The reimbursement amounts are subject to change as the costs for the improvements originally identified in the Traffic Impact Fee (TIF) report of 2009 are under review. Any applicable adjustments to the TIF reimbursement costs will be applied according to city policy. (i) Cohansey at Llagas Creek Bridge is estimated to cost $3,665,199.00. The current reimbursement amount for this bridge is $1,606,448.00 per the current TIF budget. Trail improvements, retaining walls and associated improvements (with an estimated cost of $180,000) may be included for reimbursement as allowable under the TIF and according to city policy. (ii) Cohansey/Church to Monterey segment has an estimated reimbursement cost of $341,424.00 per the current TIF budget. Additional costs for the Cohansey median construction (with an estimated cost of $260,000) may 9.B Packet Pg. 314 be included for reimbursement as allowable under the TIF and according to city policy. (iii) Cohansey/Monterey intersection has an estimated reimbursement cost of $773,188.00 per the current TIF budget. The pole relocation to accommodate intersection improvements (with an estimated cost of $120,000) may be included for reimbursement as allowable under the TIF and according to city policy. (iv) Miscellaneous design, permit and review fees (with an estimated cost of $150,000) may be included for reimbursement as allowable under the TIF and according to city policy.” Staff has reviewed the documents provided by Mr. Suner and has been working with the City Attorney’s Office to determine the legal and contractual considerations in response to this request. We have received direction from the City Attorney that honoring/approving the miscellaneous design, permit, and review fees (with an estimated cost of $150,000) in addition to the individual project cost estimates would be consistent with the intent of the original PIA. The City Attorney’s office also indicated that provision 32a.iv of the original PIA includes MAY language, not SHALL language, thus, it is not required to be carried into the PIA revision. Staff believes increasing the reimbursement of soft costs from 10% to 15%, (an increase of $341,775) as allowed by the Traffic Impact Fee Reimbursement Policy, both covers the $140,416.80 updated amount requested by Mr. Suner, and also accounts for the $150,000 miscellaneous expenditures envisioned within the original PIA. CONCLUSION Staff recommends that the City Council approve the PIA as amended in order to be consistent with the intent of the original PIA. This action will (a) update the maximum reimbursement amounts and (b) increase the soft cost reimbursements for the Cohansey Segment Project and the Cohansey/Monterey Intersection Project from 10% to 15% as allowed within the newly adopted Traffic Impact Fee Reimbursement Policy Document Staff met with Meritage Homes and Mr. Suner on September 23rd to discuss the three options to be presented to Council. After reviewing the alternatives, and the justification for staff’s recommendation of Alternative No. 3, both Meritage and Mr. Suner agreed with staff’s recommendation. ALTERNATIVES The City Council has three options: 1. Council may approve the Harvest Park Phase II PIA as presented and direct staff to reimburse the soft costs at the 10% value as allowed per the approved Traffic Impact Fee Reimbursement Policy Document. This would provide a total maximum soft cost reimbursement value of 9.B Packet Pg. 315 $227,849.66 for both the Cohansey Segment and the Cohansey/Monterey Intersection Projects. STAFF DOES NOT RECOMMEND THIS OPTION because it may not fully reimburse the developer for cost s incurred during the project design phase. 2. Council may approve the Harvest Park Phase II PIA as presented and direct staff to reimburse the soft costs at the 10% value as allowed per the approved Traffic Impact Fee Reimbursement Policy Document. This would provide a total maximum soft cost reimbursement value of $227,849.66 for both the Cohansey Segment and the Cohansey/Monterey Intersection Projects. In addition, include the original PIA Section 32.a.iv $150,000 provision in the PIA. STAFF DOES NOT RECOMMEND THIS OPTION because it is not consistent with the recently approved Traffic Impact Fee Reimbursement Policy Document. 3. Council may approve the Harvest Park Phase II PIA as presented and direct staff to reimburse the soft costs at the City Engineer authorized 15% value as allowed per the approved Traffic Impact Fee Reimbursement Policy Document. This would provide a total maximum soft cost reimbursement value of $341,774.49 for both the Cohansey Segment and the Cohansey/Monterey Intersection Projects. STAFF RECOMMENDS THIS OPTION because it nearly covers the updated reimbursement amount of $140,416.80 requested by Mr. Suner for design costs associated with the Harvest Park Phase II projects, and is consistent with the recently approved Traffic Impact Fee Reimbursement Policy Document. FISCAL IMPACT/FUNDING SOURCE Staff believes that there have been sufficient revenue and expenditure analyses performed so as to modify the Harvest Park Phase II PIA to reflect these revised project reimbursement values and reimbursement schedule. Final reimbursement values will be established once the developer has submitted appro priate and sufficient documentation for reimbursement, in accordance with the procedures outlined in the TIF Reimbursement Policy, but shall not exceed the maximum reimbursable amounts identified above. Staff has identified the following reimbursement schedule for this PIA: Figure 2: Chart of PIA Reimbursement Schedule Project FY20 FY21 FY22 Cohansey at Llagas Creek Bridge $1,411,220 $1,411,220 $1,411,220 Cohansey/Monterey $818,791 $818,791 $818,791 9.B Packet Pg. 316 Intersection Cohansey – Church to Monterey Segment $502,739 Staff has determined that the Traffic Impact Fee Fund has sufficient projected balance and appropriations for this year’s reimbursements for the Harvest Park Phase II development as identified in the amended PIA, and can also support the reimbursement of other projects for this fiscal year. Reimbursement of projects out of the TIF in FY 21 may need a budget amendment which will be determined during the mid -cycle budget review. The third year reimbursement will be addressed in the budget during the next budget cycle. ATTACHMENTS A. Adopted Traffic Impact Fee Reimbursement Policy B. Amendment to PIA 2015-06 for Harvest Park Phase II C. Suner - Hanna Brunetti Staff Memo D. Mr. James Suner Reimbursement Request – August 19, 2019 E. Meritage Homes Reimbursement Request – December 13, 2018 Attachments: 1. Adopted TIF Reimbursement Request Policy 2. Amendment to PIA No. 2015-06 3. Suner - Hanna Brunetti Staff Memo 4. Mr. James Suner Reimbursement Request – August 19, 2019 5. Meritage Homes Reimbursement Request – December 13, 2018 9.B Packet Pg. 317 9.B.a Packet Pg. 318 Attachment: Adopted TIF Reimbursement Request Policy (2419 : Update to PIA 2015-06 for Harvest Park II) Engineering Division Policy Policy On: Traffic Impact Fee Reimbursement Requests Last Revised: August 19, 2019 Page 2 of 7 \\org‐srvr\depts$\Public Works\Traffic related\Traffic Circulation Master Plan Files\TIF Update\Engineering Division Policy\TIF Reimbursement Request Policy Final 08‐2019.docx Documents that support Developer’s answers in the reimbursement worksheet sections entitled “Developer Unit,” “Developer Quantity,” “Developer Unit Cost,” and “Developer Total.” If such documents do not clearly support Developer’s answers in these worksheet sections, Developer must additionally provide an explanation of how back‐up documentation supports the answers set forth in the reimbursement worksheet; and The amount of the TIF reimbursement request does not exceed the budgeted amount. Nothing herein shall be deemed to limit the ability of City to pay TIF reimbursements to Developer in installments. In addition, nothing shall be deemed to limit the right of City and Developer to enter into separate agreements related to such reimbursement, including agreements related to the timing, disbursement, and amount thereof. Please note the following: Bridges and intersections along City‐designated expressways are considered improvements of a regional nature that serve the entire Gilroy community. Therefore, these specific improvements may be fully reimbursable through the PIA process. Soundwalls required to be built by a developer as mitigation for a new development to address the noise impact from an adjacent roadway as identified within a project’s CEQA evaluation shall be constructed at the developer’s expense and are not eligible for reimbursement. Soundwalls required to be built by a developer that are to be built adjacent to existing residential neighborhoods, or that are identified to be constructed within the City’s General Plan or Circulation Element, and not specifically tied to a new development, may be eligible for reimbursement. Developments such as, but not limited to, projects under Federal, State, and/or County jurisdiction and/or special districts that do not pay City TIF are not eligible for reimbursement. Plan check and inspection fees are not eligible for reimbursement with City impact fees. Plan check and inspection costs for City staff are covered by the City’s General Fund. The General Fund collects the plan check and inspection fee and cannot reimburse this fee, as this would be considered a gift of public funds unless supported by a separate agreement or incentive. Line item #13 of the Impact Fee Reimbursement Worksheet allows for up to 10% reimbursement of the construction value of line items 1‐10 to cover the developer’s cost of preliminary and final design. The City Engineer may, at his/her discretion increase this design cost reimbursement an additional 5% to cover additional soft costs if supported by documentation submitted for reimbursement by the developer. 9.B.a Packet Pg. 319 Attachment: Adopted TIF Reimbursement Request Policy (2419 : Update to PIA 2015-06 for Harvest Park II) Engineering Division Policy Policy On: Traffic Impact Fee Reimbursement Requests Last Revised: August 19, 2019 Page 3 of 7 \\org‐srvr\depts$\Public Works\Traffic related\Traffic Circulation Master Plan Files\TIF Update\Engineering Division Policy\TIF Reimbursement Request Policy Final 08‐2019.docx If the overall project scope changes by a significant amount, causing the project value to increase by more than 50% from the value in the Council adopted Public Improvement Agreement, the developer may petition the Director of Public Works and the City Administrator to request the City Engineer reevaluate the value of the TIF reimbursement, and the need to modify the project’s Public Improvement Agreement. Reimbursement requests must be made within 10 years of the date of recordation of the PIA. Developer shall submit requests for reimbursement according to the requirements and guidelines outlined below. SUBMITTAL REQUIREMENTS A. Impact Fee Reimbursement Worksheet B. Site Plan C. Back‐up Documentation SUBMITTAL GUIDELINES General 1. Package each reimbursement location separately according to what is allowed in current budget. 2. Do not combine worksheets and/or back‐up documentation for varying locations. A. Impact Fee Reimbursement Worksheet (See sample in Exhibit 1) 1. Input project name, location, limits. 2. Input DEVELOPER costs for line items requesting reimbursement, including allowed Site Specific Costs. Fill in “Unit,” “Qty,” “Unit Cost” “Developer Total” will automatically calculate Site Specific Costs must be approved by the City Engineer Reimbursement is allowed only for construction of permanent items at ultimate locations 3. Input CITY “Qty” for same line items. “City Total” will automatically calculate 4. Submit hard copy and Excel file of each reimbursement worksheet to City. SUBMITTING REIMBURSEMENT REQUESTS 9.B.a Packet Pg. 320 Attachment: Adopted TIF Reimbursement Request Policy (2419 : Update to PIA 2015-06 for Harvest Park II) Engineering Division Policy Policy On: Traffic Impact Fee Reimbursement Requests Last Revised: August 19, 2019 Page 4 of 7 \\org‐srvr\depts$\Public Works\Traffic related\Traffic Circulation Master Plan Files\TIF Update\Engineering Division Policy\TIF Reimbursement Request Policy Final 08‐2019.docx B. Site Plan (See sample in Exhibit 2) 1. Clearly identify reimbursement areas and limits. 2. Use color shading, hatching, symbols, etc. and provide key/legend, as appropriate. 3. Include information such as length, width, area, etc. 4. Examples of reimbursement areas include but are not limited to the following: Median (landscape or hardscape) Pavement Signalized intersection Bridges (new or widened) C. Back‐up Documentation 1. All items requesting reimbursement require supporting documents. 2. Submit documentation for each worksheet and line item. 3. Examples of supporting documents include the following: Project construction invoices Payment receipts Cancelled checks from payments 4. Supporting documents must justify DEVELOPER “Unit,” “Qty,” “Unit Cost,” and “Total”. Show calculations necessary to relate back‐up documents to worksheet These calculations must be clear to City staff 9.B.a Packet Pg. 321 Attachment: Adopted TIF Reimbursement Request Policy (2419 : Update to PIA 2015-06 for Harvest Park II) Engineering Division Policy Policy On: Traffic Impact Fee Reimbursement Requests Last Revised: August 19, 2019 Page 5 of 7 \\org‐srvr\depts$\Public Works\Traffic related\Traffic Circulation Master Plan Files\TIF Update\Engineering Division Policy\TIF Reimbursement Request Policy Final 08‐2019.docx The following table provides an overview of the reimbursement process and timeline. It should be noted that these are general estimates for the Developer’s convenience and are not binding on the City. Complex projects may require more time for processing reimbursements. Process Timeline Completion of the infrastructure improvements constructed as defined within the PIA Project specific Completion of inspection of all punch list items and sign‐off of the improvements by the City Project specific Acceptance of the improvements by City Council Staff requires approximately seven weeks to prepare the staff report and go through the review process (two weeks to prepare staff report and five weeks for internal report reviews). This activity will commence following sign‐off of all punch list items. Submittal of the TIF reimbursement package: TIF worksheet with actual projects costs (see Exhibit 1) Site plan showing reimbursement items (see Exhibit 2) Project construction invoices Itemized payment receipts Cancelled checks from payments Please note that eligible reimbursements are for items listed in the TIF estimate form. Invoices, receipts and cancelled checks must be from the actual construction work. TIF reimbursement submittals will be accepted two weeks after sign‐off of punch list items. This will allow staff two weeks to prepare the staff report. Public Works review and approval of the reimbursement submittal Typically four to six weeks after TIF reimbursement submittal ‐ Complex or incomplete submittals may take longer Finance review and approval of reimbursement submittal Typically four to six weeks after Public Works submittal to Finance ‐ Complex submittals may take longer Finance processing of the reimbursement payment to developer Typically two weeks after Finance approval of TIF reimbursement submittal TRAFFIC IMPACT FEE REIMBURSEMENT PROCESS AND TIMELINE 9.B.a Packet Pg. 322 Attachment: Adopted TIF Reimbursement Request Policy (2419 : Update to PIA 2015-06 for Harvest Park II) Engineering Division Policy Policy On: Traffic Impact Fee Reimbursement Requests Last Revised: August 19, 2019 Page 6 of 7 \\org‐srvr\depts$\Public Works\Traffic related\Traffic Circulation Master Plan Files\TIF Update\Engineering Division Policy\TIF Reimbursement Request Policy Final 08‐2019.docx 9.B.a Packet Pg. 323 Attachment: Adopted TIF Reimbursement Request Policy (2419 : Update to PIA 2015-06 for Harvest Park II) \\org‐srvr\depts$\Public Works\Traffic related\Traffic Circulation Master Plan Files\TIF Update\Engineering Division Policy\TIF Reimbursement Request Policy Final 08‐2019.docx Engineering Division Policy Policy On: TIF Reimbursement Requests Last Revised: August 19, 2019 Page 7 of 7 9.B.aPacket Pg. 324Attachment: Adopted TIF Reimbursement Request Policy (2419 : Update to PIA 2015-06 for Harvest Park -1- 31214031v2 4838-5913-6157v2 CCHU\04706091 RECORDING REQUEST BY: City of Gilroy WHEN RECORDED, MAIL TO: Shawna Freels City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 (SPACE ABOVE THIS LINE FOR RECORDER’S USE) Amendment Property Improvement Agreement No. 2015-06 Harvest Park Phase II – Tract No. 10276 APN: 790-06-044 Meritage Homes of California, Inc., a California corporation 9.B.b Packet Pg. 325 Attachment: Amendment to PIA No. 2015-06 (2419 : Update to PIA 2015-06 for Harvest Park II) -2- 31214031v2 4838-5913-6157v2 CCHU\04706091 AMENDMENT PROPERTY IMPROVEMENT AGREEMENT RESIDENTIAL AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION SYSTEMS: IMPROVEMENT OF STREETS: INSTALLATION OF SEWERS, STORM DRAINS AND OTHER PUBLIC WORKS FACILITIES Property Improvement Agreement No. 2015-06 This Amendment to Property Improvement Agreement (“Amendment”) is made and entered into this __ day of ___________ 2017, by and between the City of Gilroy, a municipal corporation, herein called the “City,” and Meritage Homes of California, Inc., a California corporation, herein called the “Developer.” WHEREAS, a final map of subdivision, record of survey or building permit (Site Clearance) application was approved and accepted by the City, covering certain real estate and property improvements known as and called: Harvest Park Phase II, Tract No. 10276, APN: 790- 06-044, a legal description of which is attached hereto and incorporated herein as Exhibit “A” (the “Property”), and as described in the project improvement plans entitled “Improvement Plans for Harvest Park II Tract No. 10276;” "Offsite Improvement Plans for Harvest Park II Tract No. 10276;" "Project Plans for Cohansey Avenue Bridge Over Llagas Creek in the City of Gilroy, California;" and WHEREAS, the City and the Developer entered into a Property Improvement Agreement on December 19, 2016 (“Property Improvement Agreement” or “PIA 2015-06”) regarding the performance of certain infrastructure obligations that were required by the conditions of approval of the “Tentative Map for Harvest Park II” (“TM 13-06”); and WHEREAS, the City issued building permits to Developer because Developer satisfied all of its obligations set forth in PIA 2015-06 that were required in order for the City to issue the building permits; and WHEREAS, Developer has satisfied all of its obligations set forth in PIA 2015-06 that are required in order for the Developer to complete its development at the Property; and WHEREAS, Section 6, Condition 32.a. of PIA 2015-06 provides estimated reimbursement amounts, payable to Developer, for completed traffic improvements along Cohansey Avenue and Monterey Road, subject to change pending final review of the costs for the improvements originally identified in the Traffic Impact Fee (“TIF”) report of 2009; and WHEREAS, on August 19, 2019, the City Council reviewed and adopted a new TIF Policy; and WHEREAS, the parties desire to amend Section 6, Condition 32.a. to reflect the maximum reimbursement amounts and reimbursement schedule specified for each improvement project, in accordance with the City Council’s newly adopted TIF Policy; and 9.B.b Packet Pg. 326 Attachment: Amendment to PIA No. 2015-06 (2419 : Update to PIA 2015-06 for Harvest Park II) -3- 31214031v2 4838-5913-6157v2 CCHU\04706091 WHEREAS, on August 19, 2019, the City Council held a public meeting on the proposed Amendment to PIA 2015-06; and NOW THEREFORE, in consideration of the foregoing promises and in order to carry on the intent and purpose of said Codes, Ordinances, Resolutions and Regulations, it is agreed by and between the parties as follows: Section 1. Recitals. The foregoing recitals are true and correct and hereby incorporated herein. Section 2. Defined Terms. All capitalized terms not defined herein shall have the meanings ascribed to them in the Property Improvement Agreement. Section 3. Condition 32.a. Section 6, Condition 32.a. shall be removed in its entirety and replaced with the following: 32.a. REIMBURSEMENT AMOUNT: Developer shall be reimbursed for the following traffic improvements. The reimbursement maximum amounts shall be as specified below for each project. Reimbursements shall be in accordance with the City Council adopted policy on Traffic Impact Fee (TIF) Reimbursements. The reimbursement amounts for the projects are as follows: Cohansey Bridge - $4,233,661.12 Cohansey Segment - $502,738.61 Cohansey/Monterey Intersection - $2,456,373.12 Water Main Installation (portions installed within limits of each project) - $474,947.00* Total Calculated Reimbursement - $7,667,719.85 *Reimbursed out of Water Impact Fee Fund These amounts represent the maximum allowed reimbursement for each project. Per the reimbursement policy, the developer will need to submit back-up documentation to support the developer costs including project construction invoices, itemized payment receipts, and cancelled checks from payments, to justify the actual reimbursement amount. REIMBURSEMENT SCHEDULE: The reimbursement schedule for each of the Harvest Park Phase II improvement projects is as follows: Cohansey Bridge - Reimbursed over three years* in equal amounts from the TIF with the first installment paid once the reimbursement request documentation has been submitted by Developer, and approved by City 9.B.b Packet Pg. 327 Attachment: Amendment to PIA No. 2015-06 (2419 : Update to PIA 2015-06 for Harvest Park II) -4- 31214031v2 4838-5913-6157v2 CCHU\04706091 Cohansey Segment - Reimbursed in one payment from the TIF once the reimbursement request documentation has been submitted by Developer, and approved by City Cohansey/Monterey Intersection - Reimbursed over three years* in equal amounts from the TIF with the first installment paid once the reimbursement request documentation has been submitted by Developer, and approved by City Water Main Installation - Reimbursed in one payment from the Water Impact Fee Fund once the reimbursement request documentation has been submitted by Developer, and approved by City *If after the second of the three payments on the Cohansey Bridge and the Cohansey/Monterey Intersection, City staff determines that there are inadequate funds in the in the TIF program to make the final payment in year three, and maintain solvency of the TIF program, the final year of the reimbursement shall be split equally into two final payments to be paid to Developer consecutively in years three and four following approval of the reimbursement documentation. Section 4. Effect of this Amendment. Except as expressly modified by this Amendment, the Property Improvement Agreement and TM 13-06 shall continue in full force and effect according to its terms, and Developer and City hereby ratify and affirm all their respective rights and obligations under the Property Improvement Agreement. Section 5. Binding Agreement. This Amendment shall be binding upon and inure to the benefit of the heirs, administrators, executors, successors in interest, and assigns of each of the parties hereto. Any reference in this Amendment to a specifically named party shall be deemed to apply to any successor, administrator, executor, or assign of such party who has acquired an interest in compliance with the terms of this Amendment or under law. Section 6. Recordation: The City shall record a copy of this Amendment within ten (10) days following execution by all parties. Section 7. Counterparts. This Amendment may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, when taken together, shall constitute the same document. Section 8. Invalidity. Any provision of this Amendment that is determined by a court of competent jurisdiction to be invalid or unenforceable shall be deemed severed from this Amendment, and the remaining provisions shall remain in full force and effect as if the invalid or unenforceable provision had not been a part hereof. Section 9. Headings. The headings used in this Amendment are for convenience only and shall be disregarded in interpreting the substantive provisions of this Amendment. 9.B.b Packet Pg. 328 Attachment: Amendment to PIA No. 2015-06 (2419 : Update to PIA 2015-06 for Harvest Park II) -5- 31214031v2 4838-5913-6157v2 CCHU\04706091 IN WITNESS WHEREOF, this Amendment has been entered into by and between Developer and City as of the date and year first above written. MERITAGE HOMES OF CALIFORNIA, INC., CITY OF GILROY a California corporation By: _____________________ By: ___________________ Name: __________________ Title: ____________________ Date: ___________________ Date: _________________ APPROVED AS TO FORM: By: ___________________ Andy Faber, City Attorney ATTEST: By: ____________________ Shawna Freels, City Clerk 9.B.b Packet Pg. 329 Attachment: Amendment to PIA No. 2015-06 (2419 : Update to PIA 2015-06 for Harvest Park II) -6- 31214031v2 4838-5913-6157v2 CCHU\04706091 Exhibit A Legal Description 9.B.b Packet Pg. 330 Attachment: Amendment to PIA No. 2015-06 (2419 : Update to PIA 2015-06 for Harvest Park II) SEGMENT 2C9.B.bPacket Pg. 331Attachment: Amendment to PIA No. 2015-06 (2419 : Update to PIA 2015-06 for Harvest Park II) INTERSECTION 329.B.bPacket Pg. 332Attachment: Amendment to PIA No. 2015-06 (2419 : Update to PIA 2015-06 for Harvest Park II) General Plan Buildout: Cohansey Ave. - Church St. to Monterey Rd. 2012 SEGMENT 2c PROJECT DESCRIPTION/NOTES: Improvements center of street (beyond 20' from curb): Church Street to Monterey (2019 update) Approved PIA based on 2012 unit costs. ITEM UNIT UNIT COST QUANTITY COST LABOR & MATERIALS 1a Surfacing: base SF 2.25 18,000 SF 40,500.00 1b Surfacing: pavement SF 2.70 18,000 SF 48,600.00 1c Sidewalk: new SF 8.50 0 SF 0.00 1d Sidewalk: replace SF 11.50 0 SF 0.00 1e Curb and Gutter: new LF 22.50 1,850 LF 41,625.00 1f Curb and Gutter: replace LF 31.00 0 LF 0.00 1g Curb Ramps EA 1,050.00 0 EA 0.00 1h Resurfacing SF 2.70 0 SF 0.00 1i Landscaped Median SF 19.00 4,790 SF 91,010.00 1j Hardscaped Median SF 11.50 3,250 SF 37,375.00 1k Guard Rail LF 27.00 0 LF 0.00 1l Bike Path: base SF 2.25 0 SF 0.00 1m Bike Path: pavement SF 2.55 0 SF 0.00 1n Striping & Pavement Markers LF 3.40 1,200 LF 4,080.00 1o Electroliers EA 3,650.00 0 EA 0.00 1p Traffic Signal (base price): 3 legs - 6 lanes EA 135,000.00 0 EA 0.00 Additional cost per lane EA 19,100.00 0 EA 0.00 1q Traffic Signal (base price): 4 legs - 8 lanes EA 164,000.00 0 EA 0.00 Additional cost per lane EA 19,100.00 0 EA 0.00 1 Item 1 Total -- -- -- 263,190.00 2 Earthwork CF 0.75 95,000 CF 71,250.00 3 Signing (3% Item 1) LS 3.0% 7,895.70 4 Utilities (10% Item 1)LS 0.0% 0.00 5 Drainage (12% Items 1 - 2) LS 12.0% 40,132.80 6a Bridge: new SF 155.00 0 SF 0.00 6b Bridge: widen SF 195.00 0 SF 0.00 7a Retaining Wall: < = 4 feet SF 48.00 0 SF 0.00 7b Retaining Wall: > 4 feet SF 62.20 0 SF 0.00 8 Removal of Existing Pavement SF 40.00 0 SF 0.00 9 Removal of Existing Bridges SF 23.75 0 SF 0.00 9a Utility Undergrounding (trenching) LF 107.00 0 LF 0.00 9b PGE, Charter and Verizon cost for Utility Undergrounding (Pulling wire, undergrounding poles)LF 132.00 0 LF 0.00 9c Traffic Signal Interconnect LF 21.00 0 LF 0.00 10a Parkway Landscaping (incl. all appurtenances) SF 8.00 0 SF 0.00 10b SITE SPECIFIC COSTS*0.00 10c SITE SPECIFIC COSTS*0.00 10d SITE SPECIFIC COSTS*0.00 10e SITE SPECIFIC COSTS*0.00 10f SITE SPECIFIC COSTS*0.00 1 - 10 Subtotal 382,468.50 CONSTRUCTION MARK-UPS 11 Mobilization (7.5% Items 1 - 10) LS 7.5% 28,685.14 12 Construction Staging & Traffic Control (13% Item 1) LS 13.0% 34,214.70 11 - 12 Subtotal 62,899.84 ENGINEERING COSTS 13 Preliminary & Final Design (10% Items 1 - 10) LS 10.0% 38,246.85 14 CM, Inspection, & Testing (12.5% Items 1 - 10) LS 12.5% 47,808.56 15 Project Administration (2.5% Items 1 - 10) ** LS 2.5% 9,561.71 16a Caltrans Processing (5% Items 1-10) LS Caltrans Rdwy only 0.00 16b Union Pacific Railroad Processing (2% Items 1-10) LS Railroad Encroachment only 0.00 16c Bridge Additional Design Cost (2.5% Items 1-10) LS Bridges Only 0.00 16d Administrative and Legal Fees for Land Right-Of-Way purchase (15% Items 17-18)LS 0.00 13 - 16 Subtotal 95,617.13 LAND RIGHT-OF-WAY 17a Residential SF 23.56 0 SF 0.00 17b Commercial SF 18.85 0 SF 0.00 17c Industrial SF 6.60 0 SF 0.00 17d Agricultural SF 2.49 0 SF 0.00 18 Buildings: $0 - $150 SF TBD 0 SF 0.00 17 - 18 Subtotal 0.00 TOTAL PROJECT COST 1 - 10 LABOR & MATERIALS 382,468.50 11 - 12 CONSTRUCTION MARK-UPS 62,899.84 13 - 16 ENGINEERING COSTS 95,617.13 17 - 18 LAND RIGHT-OF-WAY 0.00 1 - 18 SUBTOTAL 540,985.46 CONTINGENCY - 25% (Labor & Materials & Land Right-Of-Way Only )95,617.13 TOTAL PROJECT COST See Project Description 636,603$ OUTSIDE FUNDING -$ NOTES: *Enter items specific to this project. Additional lines may be added as needed. DATE Vendor Amount **Project Administration includes environmental clearance, outside agency overview, permitting & right-of-way agent. TBD Square footage price to be determined on a project-by-project basis as necessary. 636,603$ 502,739$ Reimbursement or Design/Construction BALANCE REMAINING MAX. REIMBURSABLE \\org-srvr\depts$\Public Works\Traffic related\Traffic Circulation Master Plan Files\TIF Update\Excel\12-7-2016 PWCIB400 FUNDS-JO2cCohansey_Church to Mont 6/24/2019 9:53 AM 9.B.b Packet Pg. 333 Attachment: Amendment to PIA No. 2015-06 (2419 : Update to PIA 2015-06 for Harvest Park II) General Plan Buildout: Cohansey Avenue & Monterey Road 2012 INTERSECTION 32 PROJECT DESCRIPTION/NOTES:Currently: All Way Stop Intersection Improvements - 2019 update per plan Proposed: Signalize Approved PIA based on 2012 unit costs. ITEM UNIT UNIT COST QUANTITY COST LABOR & MATERIALS 1a Surfacing: base SF 2.25 62,590 SF 140,827.50 1b Surfacing: pavement SF 2.70 62,590 SF 168,993.00 1c Sidewalk: new SF 8.50 3,910 SF 33,235.00 1d Sidewalk: replace SF 11.50 0 SF 0.00 1e Curb and Gutter: new LF 22.50 3,220 LF 72,450.00 1f Curb and Gutter: replace LF 31.00 0 LF 0.00 1g Curb Ramps EA 1,050.00 5 EA 5,250.00 1h Resurfacing SF 2.70 14,070 SF 37,989.00 1i Landscaped Median SF 19.00 0 SF 0.00 1j Hardscaped Median SF 11.50 1,500 SF 17,250.00 1k Guard Rail LF 27.00 0 LF 0.00 1l Bike Path: base SF 2.25 0 SF 0.00 1m Bike Path: pavement SF 2.55 0 SF 0.00 1n Striping & Pavement Markers LF 3.40 16,080 LF 54,672.00 1o Electroliers EA 3,650.00 0 EA 0.00 1p Traffic Signal (base price): 3 legs - 6 lanes EA 135,000.00 0 EA 0.00 Additional cost per lane EA 19,100.00 0 EA 0.00 1q Traffic Signal (base price): 4 legs - 8 lanes EA 164,000.00 1 EA 164,000.00 Additional cost per lane EA 19,100.00 9 EA 171,900.00 1 Item 1 Total -- -- -- 866,566.50 2 Earthwork CF 0.75 35,500 CF 26,625.00 3 Signing (3% Item 1) LS 3.0% 25,997.00 4 Utilities (10% Item 1) LS 10.0% 86,656.65 5 Drainage (12% Items 1 - 2) LS 12.0% 107,182.98 6a Bridge: new SF 155.00 0 SF 0.00 6b Bridge: widen SF 195.00 0 SF 0.00 7a Retaining Wall: < = 4 feet SF 48.00 0 SF 0.00 7b Retaining Wall: > 4 feet SF 62.20 0 SF 0.00 8 Removal of Existing Pavement SF 40.00 0 SF 0.00 9 Removal of Existing Bridges SF 23.75 0 SF 0.00 9a Utility Undergrounding (trenching) LF 107.00 0 LF 0.00 9b PGE, Charter and Verizon cost for Utility Undergrounding (Pulling wire, undergrounding poles)LF 132.00 0 LF 0.00 9c Traffic Signal Interconnect LF 21.00 0 LF 0.00 10a VTA Bus Stop EA 35,000.00 2 EA 70,000.00 10b Misc. Work related to phasing, RR, etc. LS 150,000.00 1 LS 150,000.00 10c CM & Inspection incl. RR, in excess of Item 14 LS 563,000.00 1 LS 563,000.00 10d SITE SPECIFIC COSTS*0.00 10e SITE SPECIFIC COSTS*0.00 10f SITE SPECIFIC COSTS*0.00 1 - 10 Subtotal 1,896,028.13 CONSTRUCTION MARK-UPS 11 Mobilization (7.5% Items 1 - 10) LS 142,202.11 12 Construction Staging & Traffic Control (13% Item 1) LS 112,653.65 11 - 12 Subtotal 254,855.75 ENGINEERING COSTS 13 Preliminary & Final Design (10% Items 1 - 10) LS 189,602.81 14 CM, Inspection, & Testing (12.5% Items 1 - 10) LS 237,003.52 15 Project Administration (2.5% Items 1 - 10) ** LS 47,400.70 16a Caltrans Processing (5% Items 1-10) LS Caltrans Rdwy only 0.00 16b Union Pacific Railroad Processing (2% Items 1-10) LS 2.0%37,920.56 16c Bridge Additional Design Cost (2.5% Items 1-10) LS Bridges Only 0.00 16d Administrative and Legal Fees for Land Right-Of-Way purchase (15% Items 17-18)LS 0.00 13 - 16 Subtotal 511,927.59 LAND RIGHT-OF-WAY 17a Residential SF 23.56 0 SF 0.00 17b Commercial SF 18.85 0 SF 0.00 17c Industrial SF 6.60 0 SF 0.00 17d Agricultural SF 2.49 0 SF 0.00 18 Buildings: $0 - $150 SF TBD 0 SF 0.00 17 - 18 Subtotal 0.00 TOTAL PROJECT COST 1 - 10 LABOR & MATERIALS 1,896,028.13 11 - 12 CONSTRUCTION MARK-UPS 254,855.75 13 - 16 ENGINEERING COSTS 511,927.59 17 - 18 LAND RIGHT-OF-WAY 0.00 1 - 18 SUBTOTAL 2,662,811.47 CONTINGENCY - 25% (Labor & Materials & Land Right-Of-Way Only )474,007.03 TOTAL PROJECT COST 3,136,819$ OUTSIDE FUNDING -$ NOTES: *Enter items specific to this project. Additional lines may be added as needed. DATE Vendor Amount **Project Administration includes environmental clearance, outside agency overview, permitting & right-of-way agent.05/17/19 UPRR Reimbursement 16,836$ TBD Square footage price to be determined on a project-by-project basis as necessary. 3,119,983$ 2,456,373$ Reimbursement or Design/Construction BALANCE REMAINING MAX. REIMBURSABLE \\org-srvr\depts$\Public Works\Traffic related\Traffic Circulation Master Plan Files\TIF Update\Excel\12-7-2016 PWCIB400 FUNDS-JO32Cohan-Monterey 6/24/2019 9:54 AM 9.B.b Packet Pg. 334 Attachment: Amendment to PIA No. 2015-06 (2419 : Update to PIA 2015-06 for Harvest Park II) General Plan Buildout: Cohansey Avenue & Llagas Creek 2012 BRIDGE 21-CONSTRUCTION PROJECT DESCRIPTION/NOTES:existing dimensions ? 88' wide canal Approved PIA based on 2012 unit costs.new dimensions - 2019 175'X60' 5,280.00 new bridge ITEM UNIT UNIT COST QUANTITY COST LABOR & MATERIALS 1a Surfacing: base SF 2.25 0 SF 0.00 1b Surfacing: pavement SF 2.70 0 SF 0.00 1c Sidewalk: new SF 8.50 0 SF 0.00 1d Sidewalk: replace SF 11.50 0 SF 0.00 1e Curb and Gutter: new LF 22.50 0 LF 0.00 1f Curb and Gutter: replace LF 31.00 0 LF 0.00 1g Curb Ramps EA 1,050.00 0EA 0.00 1h Resurfacing SF 2.70 0 SF 0.00 1i Landscaped Median SF 19.00 0 SF 0.00 1j Hardscaped Median SF 11.50 0 SF 0.00 1k Guard Rail LF 27.00 0 LF 0.00 1l Bike Path: base SF 2.25 0 SF 0.00 1m Bike Path: pavement SF 2.55 0 SF 0.00 1n Striping & Pavement Markers LF 3.40 0 LF 0.00 1o Electroliers EA 3,650.00 0EA 0.00 1p Traffic Signal (base price): 3 legs - 6 lanes EA 135,000.00 0EA 0.00 Additional cost per lane EA 19,100.00 0EA 0.00 1q Traffic Signal (base price): 4 legs - 8 lanes EA 164,000.00 0EA 0.00 Additional cost per lane EA 19,100.00 0EA 0.00 1 Item 1 Total -- -- -- 0.00 2 Earthwork CF 0.75 0 CF 0.00 3 Signing (3% Item 1)LS 0.00 4 Utilities (10% Item 1)LS 0.00 5 Drainage (12% Items 1 - 2)LS 0.00 6a Bridge: new SF 155.00 11,250 SF 1,743,672.50 6b Bridge: widen SF 195.00 0 SF 0.00 7a Retaining Wall: < = 4 feet SF 48.00 0 SF 0.00 7b Retaining Wall: > 4 feet SF 62.20 0 SF 0.00 8 Removal of Existing Pavement SF 40.00 0 SF 0.00 9 Removal of Existing Bridges SF 23.75 0 SF 0.00 9a Utility Undergrounding (trenching)LF 107.00 0 LF 0.00 9b PGE, Charter and Verizon cost for Utility Undergrounding (Pulling wire, undergrounding poles) LF 132.00 0 LF 0.00 9c Traffic Signal Interconnect LF 21.00 0 LF 0.00 10a New Bridge CIDH revisions LS 345,000.00 1 LS 345,000.00 10b Chain Link Fence LS 3,500.00 1 LS 3,500.00 10c Retaining Walls, trail, etc. LS 1,114,202.50 1 LS 1,114,202.50 10d CM, Inspection, & Testing, in addition to line 14 LS 71,870.00 71,870.00 10e HCP Fee LS 29,302.75 29,302.75 10f SITE SPECIFIC COSTS*0.00 1 - 10 Subtotal 3,307,547.75 CONSTRUCTION MARK-UPS 11 Mobilization (7.5% Items 1 - 10)LS 248,066.08 12 Construction Staging & Traffic Control (13% Item 1)LS 13% 429,981.21 11 - 12 Subtotal 678,047.29 ENGINEERING COSTS 13 Preliminary & Final Design (10% Items 1 - 10)LS 330,754.78 14 CM, Inspection, & Testing (12.5% Items 1 - 10)LS 413,443.47 15 Project Administration (2.5% Items 1 - 10) **LS 82,688.69 16a Caltrans Processing (5% Items 1-10)LS Caltrans Rdwy only 0.00 16b Union Pacific Railroad Processing (2% Items 1-10)LS Railroad Encroachment only 0.00 16c Bridge Additional Design Cost (2.5% Items 1-10)LS Bridges Only 82,688.69 16d Administrative and Legal Fees for Land Right-Of-Way purchase (15% Items 17-18) LS 0.00 13 - 16 Subtotal 909,575.63 LAND RIGHT-OF-WAY 17a Residential SF 23.56 0 SF 0.00 17b Commercial SF 18.85 0 SF 0.00 17c Industrial SF 6.60 0 SF 0.00 17d Agricultural SF 2.49 0 SF 0.00 18 Buildings: $0 - $150 SF TBD 0 SF 0.00 17 - 18 Subtotal 0.00 TOTAL PROJECT COST 1 - 10 MATERIALS 3,307,547.75 11 - 12 CONSTRUCTION MARK-UPS 678,047.29 13 - 16 ENGINEERING COSTS 909,575.63 17 - 18 LAND RIGHT-OF-WAY 0.00 1 - 18 SUBTOTAL 4,895,170.67 CONTINGENCY - 25% (Labor & Materials & Land Right-Of-Way Only )826,886.94 TOTAL PROJECT COST 5,722,058$ OUTSIDE FUNDING -$ NOTES: *Enter items specific to this project. Additional lines may be added as needed. DATE Vendor Amount **Project Administration includes environmental clearance, outside agency overview, permitting & right-of-way agent. TBD Square footage price to be determined on a project-by-project basis as necessary. 5,722,058$ 4,233,661$ Reimbursement or Design/Construction BALANCE REMAINING MAX. REIMBURSABLE \\org-srvr\depts$\Public Works\Traffic related\Traffic Circulation Master Plan Files\TIF Update\Excel\12-7-2016 PWCIB400 FUNDS-JO21-Cohansey&Llagas Creek-Const 6/24/2019 9:54 AM 9.B.b Packet Pg. 335 Attachment: Amendment to PIA No. 2015-06 (2419 : Update to PIA 2015-06 for Harvest Park II) Internal Memo To: File From: Gary Heap, City Engineer Date: September 13, 2019 Re: Revised Reimbursement Request from Mr. James Suner for Harvest Park II PIA Public Works received an email from Mr. James Suner on Friday, September 13, 2019. The email included an attachment from his project engineer, Hanna-Brunetti which indicated that they had incorrectly reported their pre-development engineering costs in their letter to Mr. Suner on April 30, 2018 in which they reported that the expenses in curred related to the off- site and TIF reimbursable work, as described in the PIA for Harvest Park II, was for a total value of $243,193.56. The new letter from Hanna-Brunetti, which was included in the email from Mr. Suner, indicated that the corrected value of the engineer’s reimbursable work under the PIA was actually $51,227.14. Therefore, Mr. Suner’s claim, per his letter and packet of information submitted to the City Council at the meeting of August 19, 2019 has been corrected to: Hanna-Brunetti $51,227.14 Mott MacDonald $79,520.75 Environmental Foresight $9,668.91 Total $140,416.80 Attachment – Hanna-Brunetti letter dated September 11, 2019 9.B.c Packet Pg. 336 Attachment: Suner - Hanna Brunetti Staff Memo (2419 : Update to PIA 2015-06 for Harvest Park II) 9.B.c Packet Pg. 337 Attachment: Suner - Hanna Brunetti Staff Memo (2419 : Update to PIA 2015-06 for Harvest Park II) 9.B.c Packet Pg. 338 Attachment: Suner - Hanna Brunetti Staff Memo (2419 : Update to PIA 2015-06 for Harvest Park II) 9.B.d Packet Pg. 339 Attachment: Mr. James Suner Reimbursement Request – August 19, 2019 (2419 : Update to PIA 2015-06 for Harvest Park II) 9.B.d Packet Pg. 340 Attachment: Mr. James Suner Reimbursement Request – August 19, 2019 (2419 : Update to PIA 2015-06 for Harvest Park II) 9.B.d Packet Pg. 341 Attachment: Mr. James Suner Reimbursement Request – August 19, 2019 (2419 : Update to PIA 2015-06 for Harvest Park II) 9.B.d Packet Pg. 342 Attachment: Mr. James Suner Reimbursement Request – August 19, 2019 (2419 : Update to PIA 2015-06 for Harvest Park II) 9.B.d Packet Pg. 343 Attachment: Mr. James Suner Reimbursement Request – August 19, 2019 (2419 : Update to PIA 2015-06 for Harvest Park II) 9.B.d Packet Pg. 344 Attachment: Mr. James Suner Reimbursement Request – August 19, 2019 (2419 : Update to PIA 2015-06 for Harvest Park II) 9.B.d Packet Pg. 345 Attachment: Mr. James Suner Reimbursement Request – August 19, 2019 (2419 : Update to PIA 2015-06 for Harvest Park II) 9.B.d Packet Pg. 346 Attachment: Mr. James Suner Reimbursement Request – August 19, 2019 (2419 : Update to PIA 2015-06 for Harvest Park II) 9.B.d Packet Pg. 347 Attachment: Mr. James Suner Reimbursement Request – August 19, 2019 (2419 : Update to PIA 2015-06 for Harvest Park II) 9.B.d Packet Pg. 348 Attachment: Mr. James Suner Reimbursement Request – August 19, 2019 (2419 : Update to PIA 2015-06 for Harvest Park II) 9.B.d Packet Pg. 349 Attachment: Mr. James Suner Reimbursement Request – August 19, 2019 (2419 : Update to PIA 2015-06 for Harvest Park II) 9.B.d Packet Pg. 350 Attachment: Mr. James Suner Reimbursement Request – August 19, 2019 (2419 : Update to PIA 2015-06 for Harvest Park II) 9.B.d Packet Pg. 351 Attachment: Mr. James Suner Reimbursement Request – August 19, 2019 (2419 : Update to PIA 2015-06 for Harvest Park II) 9.B.d Packet Pg. 352 Attachment: Mr. James Suner Reimbursement Request – August 19, 2019 (2419 : Update to PIA 2015-06 for Harvest Park II) 9.B.d Packet Pg. 353 Attachment: Mr. James Suner Reimbursement Request – August 19, 2019 (2419 : Update to PIA 2015-06 for Harvest Park II) 9.B.d Packet Pg. 354 Attachment: Mr. James Suner Reimbursement Request – August 19, 2019 (2419 : Update to PIA 2015-06 for Harvest Park II) 9.B.d Packet Pg. 355 Attachment: Mr. James Suner Reimbursement Request – August 19, 2019 (2419 : Update to PIA 2015-06 for Harvest Park II) 9.B.d Packet Pg. 356 Attachment: Mr. James Suner Reimbursement Request – August 19, 2019 (2419 : Update to PIA 2015-06 for Harvest Park II) 9.B.d Packet Pg. 357 Attachment: Mr. James Suner Reimbursement Request – August 19, 2019 (2419 : Update to PIA 2015-06 for Harvest Park II) 9.B.d Packet Pg. 358 Attachment: Mr. James Suner Reimbursement Request – August 19, 2019 (2419 : Update to PIA 2015-06 for Harvest Park II) 9.B.d Packet Pg. 359 Attachment: Mr. James Suner Reimbursement Request – August 19, 2019 (2419 : Update to PIA 2015-06 for Harvest Park II) 9.B.d Packet Pg. 360 Attachment: Mr. James Suner Reimbursement Request – August 19, 2019 (2419 : Update to PIA 2015-06 for Harvest Park II) 9.B.d Packet Pg. 361 Attachment: Mr. James Suner Reimbursement Request – August 19, 2019 (2419 : Update to PIA 2015-06 for Harvest Park II) 9.B.d Packet Pg. 362 Attachment: Mr. James Suner Reimbursement Request – August 19, 2019 (2419 : Update to PIA 2015-06 for Harvest Park II) 9.B.d Packet Pg. 363 Attachment: Mr. James Suner Reimbursement Request – August 19, 2019 (2419 : Update to PIA 2015-06 for Harvest Park II) 9.B.d Packet Pg. 364 Attachment: Mr. James Suner Reimbursement Request – August 19, 2019 (2419 : Update to PIA 2015-06 for Harvest Park II) 9.B.d Packet Pg. 365 Attachment: Mr. James Suner Reimbursement Request – August 19, 2019 (2419 : Update to PIA 2015-06 for Harvest Park II) 9.B.d Packet Pg. 366 Attachment: Mr. James Suner Reimbursement Request – August 19, 2019 (2419 : Update to PIA 2015-06 for Harvest Park II) 9.B.d Packet Pg. 367 Attachment: Mr. James Suner Reimbursement Request – August 19, 2019 (2419 : Update to PIA 2015-06 for Harvest Park II) 9.B.d Packet Pg. 368 Attachment: Mr. James Suner Reimbursement Request – August 19, 2019 (2419 : Update to PIA 2015-06 for Harvest Park II) 9.B.d Packet Pg. 369 Attachment: Mr. James Suner Reimbursement Request – August 19, 2019 (2419 : Update to PIA 2015-06 for Harvest Park II) 9.B.d Packet Pg. 370 Attachment: Mr. James Suner Reimbursement Request – August 19, 2019 (2419 : Update to PIA 2015-06 for Harvest Park II) 9.B.d Packet Pg. 371 Attachment: Mr. James Suner Reimbursement Request – August 19, 2019 (2419 : Update to PIA 2015-06 for Harvest Park II) 9.B.d Packet Pg. 372 Attachment: Mr. James Suner Reimbursement Request – August 19, 2019 (2419 : Update to PIA 2015-06 for Harvest Park II) 9.B.d Packet Pg. 373 Attachment: Mr. James Suner Reimbursement Request – August 19, 2019 (2419 : Update to PIA 2015-06 for Harvest Park II) 9.B.d Packet Pg. 374 Attachment: Mr. James Suner Reimbursement Request – August 19, 2019 (2419 : Update to PIA 2015-06 for Harvest Park II) 9.B.d Packet Pg. 375 Attachment: Mr. James Suner Reimbursement Request – August 19, 2019 (2419 : Update to PIA 2015-06 for Harvest Park II) 9.B.d Packet Pg. 376 Attachment: Mr. James Suner Reimbursement Request – August 19, 2019 (2419 : Update to PIA 2015-06 for Harvest Park II) 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Request – December 13, 2018 (2419 : Update to PIA 2015-06 for Harvest Park II) City of Gilroy STAFF REPORT Agenda Item Title: Appointment of Five Members to the Youth Commission With Terms Ending September 30, 2021 Meeting Date: October 7, 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 Appoint five Youth Commission members to terms ending September 30, 2021. BACKGROUND The City conducted an 18-week recruitment period from May through the beginning of the school year to fill five seats on the Youth Commission. We partnered with the Gilroy Unified School District (GUSD) Public Information Office to distribute the recruitment material to all Junior High and High School s through their administrative staff as well as through GUSD Twitter, Facebook and e-newsletters. The recruitment was published in the City’s summer activity guide, 9.C Packet Pg. 477 and was promoted through all of our social media outlets, the City website, and through the Gilroy Chamber of Commerce, CARAS and Leadership Gilroy. Recreation staff made extra efforts to conduct outreach at the Gilroy youth center, late night gym, San Ysidro Park, at special community events and with the parent organization San Ysidro Nueva Vida from east Gilroy. 23 applications were received during the recruitment period and the City Council interviewed 19 of the applicants at your September 16, 2019 meeting; applicants Luis Garcia, Kaitlyn Hynek, Alayna Matthews, and Awa Ndao were not present. Applicants are: Kenneth Apte * Alexandra Beyret Eshaan Billing Brennan Burge Jackson Burge Julia Fox Luis Garcia Kaitlyn Hynek Sajiv Jampani Joshua Jang Meyhar Kamrah Senna Kolagatla* Clarissa Lara Joshua Martinez Alayna Matthews Adriana Mireles Awa Ndao Reet Padda Ryanne Palacios Serena Ramirez Augusta Schulte Isabella Sells Kimberly Wu * incumbent CONCLUSION Now that interviews have taken place it is recommended that Council make appointments to fill these five open seats on the Youth Commission with terms ending September 30, 2021. 9.C Packet Pg. 478 Attachments: 1. 2019 Youth Commission Applicant Map 2. 2019 Youth Commission Applications 9.C Packet Pg. 479 2019 Youth Commission Applicants 2019 YC Applicants Kenneth Apte Alexandra Beyret Eshaan Billing Brennan and Jackson Burge Julia Fox Luis D. Garcia Kaitlyn Hynek Sajiv Jampani Joshua Jang Meyhar Kamrah Senna Kolagotla Clarissa Lara Joshua Martinez Alayna Matthews Adriana Mireles Awa Ndao Reet Padda Serena Ramirez Isabella Sells Kimberly Wu Ryanne Palacios Augusta Schulte 9.C.a Packet Pg. 480 Attachment: 2019 Youth Commission Applicant Map (2423 : Youth Commission Appointments) Name Age Grade Incumbent School Kenneth Apte 16 12 Yes Dr. TJ Owens Gilroy Early College Academy Alexandra Beyret 14 9 Dr. TJ Owens Gilroy Early College Academy Eshaan Billing 14 9 Dr. TJ Owens Gilroy Early College Academy Brennan Burge 12 7 Brownell Middle School Jackson Burge 13 8 Brownell Middle School Julia Fox 15 10 Dr. TJ Owens Gilroy Early College Academy Luis Garcia 17 11 Dr. TJ Owens Gilroy Early College Academy Kaitlyn Hynek 17 12 Valley Christian High School Sajiv Jampani 12 7 Brownell Middle School Joshua Jang 13 8 Brownell Middle School Meyhar Kamrah 15 9 Dr. TJ Owens Gilroy Early College Academy Senna Kolagatla 16 12 Yes Christopher High School Clarissa Lara 16 10 Dr. TJ Owens Gilroy Early College Academy Joshua Martinez 12 7 Brownell Middle School Alayna Matthews 17 12 Monte Vista Christian School Adriana Mireles 12 7 Brownell Middle School Awa Ndao 16 11 Christopher High School Reet Padda 15 10 Dr. TJ Owens Gilroy Early College Academy Ryanne Palacios 13 9 Gilroy High School Serena Ramirez 15 10 Dr. TJ Owens Gilroy Early College Academy Augusta Schulte 16 11 Christopher High School Isabella Sells 14 9 California Connections Academy Kimberly Wu 15 10 Dr. TJ Owens Gilroy Early College Academy 9.C.b Packet Pg. 481 Attachment: 2019 Youth Commission Applications (2423 : Youth Commission Appointments) 9.C.b Packet Pg. 482 Attachment: 2019 Youth Commission Applications (2423 : Youth Commission Appointments) City of Gilroy Application for the Gilroy Youth Commission Name*:______Kenneth Apte_______________________________ Birthdate*:___09/29/2002_____________ Address:______ Grade*:___12_____Phone number(s):_( email address:___ Please list your background, including community service within the City of Gilroy, and any prior experience with groups or organizations that would qualify you for this Commission: A prior term on the Youth Commission 180+ hours volunteering in Gilroy (especially tutoring) Other leadership experience that qualifies me for the role: VP of Technology at Gavilan College (Part of the ASB) Member of the Enrollment Management Committee at Gavilan 10th grade class president Current class treasurer Member of the Gilroy Library Teen Advisory Board Vice President of the Gilroy League of Writers Why would you like to be appointed to the Gilroy Youth Commission? As expected from a commission member, I would like to take this opportunity to produce tangible benefit to the youth of Gilroy in the form of interesting, educational, and enrichening activities for them. I would also like to suggest changes within the commission itself pushing for more annual projects especially) so that our work as a commission can reach and impact more of Gilroy, as I have noticed a lot of limitations for the commission in my prior term. 9.C.b Packet Pg. 483 Attachment: 2019 Youth Commission Applications (2423 : Youth Commission Appointments) What do you feel is the biggest problem facing the youth of Gilroy?If you are appointed, what are the steps you will take to address this problem? I believe that the biggest problem facing the youth of Gilroy today is a lack of awareness of the events and opportunities that Gilroy holds for them. This may range from the weekly tutoring services of the Gilroy Library to youth Hackathons organized by Gavilan College. There are a wealth of opportunities for the Gilroy youth to find fun and personal growth in, and I would like to communicate this effectively to them. As I pursued 2 years ago, I would like to create a website than can be a hub for this information so that the Gilroy youth can be informed. Reapplying Commissioners: What can you do to improve your previous performance on the Commission? The greatest thing I can do to improve my previous performance as part of the Youth Commission is to use the insights I gained from my prior term. I saw the dip in event attendance and then its resurgence the next year after more effective communication policies were implemented. I saw how our meetings became smoother when commissioners did “homework” to prepare what they were going to say. I saw the time and financial constraints of the commission and how best to work around that. I would like to hold an officer position in the commission and really facilitate the meetings, discussions, and events using this experience, and if possible, push for the release of the website we created in the last 2 years. All Commission, Board and Committee applications are a public recordMail or email your application to:Shawna Freels, City ClerkCity of Gilroy7351 Rosanna Street, Gilroy, CA 95020shawna.freels@ci.gilroy.ca.usThe City of Gilroy accepts applications at any time and will keep them on file for one year. 9.C.b Packet Pg. 484 Attachment: 2019 Youth Commission Applications (2423 : Youth Commission Appointments) City of Gilroy Application for the Gilroy Youth Commission Name*: Alexandra Beyret Birth Date*: 03/03/2005 Address: Phone Number(s): Email Address: Grade*: 9________ School: GECA high school Please list your background, including community service within the City of Gilroy, and any prior experience with groups or organizations that would qualify you for this Commission: I have been volunteering for CJSF in my middle school. I do not have too much experience working within the city of Gilroy, but now is the time for me to start. I have began working with the Santa Clara Gilroy Library every weekend for two hours. I am truly ready for helping the city of Gilroy because it is time for me to do something. Why would you like to be appointed to the Gilroy Youth Commission? I would like to be appointed for the main reason that I want to help my city out. Gilroy has gone through so much these past months, and everyone is doing something to help. I believe it is my turn to help. If I become appointed, I will be part of the change that will benefit Gilroy. I will have a voice and a say in what happens to Gilroy. I will help change this city for the better! What do you feel is the biggest problem facing the youth of Gilroy? If you are appointed, what are the steps you will take to address this problem? I think the youth of Gilroy are not in tune with everyone. A sociological problem called rolelessness arises in our city. Teens do not have many opportunities to get out and do something and be independent. They are dependent on others only because of the small amounts of activities available for them. If I would be appointed, I would create more activities for teens and children to be involved in. So they don’t think that they can’t do anything, that they won’t become dependent on their parents. Rolelessness is a problem that is affecting many teens these days, it affects our country. However, step by step, we can crush this in our own city first, helping all teens have a role in our community. Reapplying Commissioners: What can you do to improve your previous performance on the Commission? All Commission, Board and Committee applications are a public record The City of Gilroy accepts applications at any time and will keep them on file for one year. 9.C.b Packet Pg. 485 Attachment: 2019 Youth Commission Applications (2423 : Youth Commission Appointments) City of Gilroy Application for the Gilroy Youth Commission Name*: Eshaan Billing Birth Date*: July 24, 2005 Address: Phone Number(s): Email Address: Grade*: 9________ School: Dr. TJ Owens Gilroy Early College Academy Please list your background, including community service within the City of Gilroy, and any prior experience with groups or organizations that would qualify you for this Commission: I have been a resident of Gilroy for over a decade, and recently have started caring for the community and I want to give back. For example, since spring this year, I have been tutoring at CIEL to help the kids enrich their knowledge. I also have been participating in many other community service from picking fruits for homeless shelters to helping kids use bikes to make smoothies(There was a bike that causes a blender to blend for kids to ride). I also volunteered at Gilroy Gardens during the summer in a variety of ways, such as packing food packs for homeless people. When I get time I go to the Sikh temple in San Jose to help wash the dishes and help in the kitchen. Why would you like to be appointed to the Gilroy Youth Commission? I would like to be appointed to the Gilroy Youth Commission because I think it is a great opportunity for me to give back to the community and help all kinds of people in all kinds of ways. What do you feel is the biggest problem facing the youth of Gilroy? If you are appointed, what are the steps you will take to address this problem? I feel that the biggest problem facing the youth of Gilroy is not being able good education. I feel that many kids from poor families have so much potential, but are not able to access tutors or get extra help. If I am appointed, I will take steps in trying to get more nonprofit agencies like CIEL to help the kids access education help and succeed. Reapplying Commissioners: What can you do to improve your previous performance on the Commission? N/A All Commission, Board and Committee applications are a public record The City of Gilroy accepts applications at any time and will keep them on file for one year. 9.C.b Packet Pg. 486 Attachment: 2019 Youth Commission Applications (2423 : Youth Commission Appointments) City of Gilroy Application for the Gilroy Youth Commission Name*: Brennan Burge Birth Date*: 01-17-07 Address: Phone Number(s): Email Address: Grade*: 7________ School: Brownell Middle School Please list your background, including community service within the City of Gilroy, and any prior experience with groups or organizations that would qualify you for this Commission: Some activities that I have done to help the Gilroy community include the following: volunteering to help at my Elementary school Fall festival, cleaning up trash in some of the town parks, taking time to help the teacher during lunch so they can let there class do more fun activities. With helping at the fall festival it provides the schools community and kids something fun to look towards and be happy to go to. Cleaning up trash makes the parks more enjoyable for anyone to play at. When kids have fun activities at school it makes school more enjoyable witch makes students more ethusyastct to attend school. Some groups that I have been in that can qualify me for this commission include, City Junior Recreation Leader Group, at the moment I am waiting for my training to officially qualify me to me to volunteer. I have also been apart of my school's student council. Those are a few orginizations/groups i have been apart of that would help me succed in the City of Gileoy Youth Commision. Why would you like to be appointed to the Gilroy Youth Commission? I would like to be apart of the Gilroy Youth Commission because I think it could have a positive impact on changing some of the problems the youth face if there are opinions from one of the youth. Being a part of the youth in the gilroy community I see some of the problems the youth face directly. I can see and relate to these issues, this can lead to myself putting in positive ideas that can have a great impact on changing/improving these problems. What do you feel is the biggest problem facing the youth of Gilroy? If you are appointed, what are the steps you will take to address this problem? The biggest problem that the youth face in gilroy is bullying in schools, online, and in general. If I was appointed to change this issue some of the steps I would take are as followed. I would make a survey to see how many people have been bullied, what for, how they would want to see it change/ how they would change it, or if they have ever bullied anyone and why. This would show us what actions we need to take to fix this problem. Then we would take whatever action we would need to take. After it has been taken care of wecould makeanother survey to see if it has improved the situation, asking if they have seen and improvment and in what way. Those are a few steps that I would take to improve on one of the big problems the youth are facing in gilroy. There are other issues I have seen with in the youth such as the nicotine issues, and disscrimintation, this can be improved by education. Going to the youth and teaching them on the negitive effects of Julling and how everyone is the same. Reapplying Commissioners: What can you do to improve your previous performance on the Commission? All Commission, Board and Committee applications are a public record The City of Gilroy accepts applications at any time and will keep them on file for one year. 9.C.b Packet Pg. 487 Attachment: 2019 Youth Commission Applications (2423 : Youth Commission Appointments) City of Gilroy Application for the Gilroy Youth Commission Name*: Jackson Burge Birth Date*: 01-16-2006 Address: Phone Number(s): (Email Address: Grade*: 8________ School: Brownell Middle School Please list your background, including community service within the City of Gilroy, and any prior experience with groups or organizations that would qualify you for this Commission: Most of my previous experience with organizations similar to the Youth Commission have been with school groups such as the El Roble Student Council in 3rd and 4th grade, along with the Rucker Student Council when I attended that school for 5th grade G.A.T.E. My most recent experience was with the Brownell Associated Student Body in 6th and 7th grade. with five years of doing similar task but on a smaller scale, the Youth Commission seems like an appropriate promotion. Why would you like to be appointed to the Gilroy Youth Commission? I believe that having experience with a committee such as the Youth Commission would allow for a variety of career choices further down the road. The differences between a school council and a city council are major, despite the fact that said city council mostly impacts the youth. Being able to support the children and teenagers would give me something to work for and support other than school, also providing me with knowledge of how a more official council of representatives functions. What do you feel is the biggest problem facing the youth of Gilroy? If you are appointed, what are the steps you will take to address this problem? I have noticed a plethora of safety issues when it comes to the people of my age. Most or them are in regard of transportation to and from school. Countless times I have had to back up on a cross walk because some one decides that they have wasted enough time waiting and they don't need to look up from their phone to make sure no one is crossing. This is baffling because it happens most often in school zones, where parents are picking up or dropping off their kids. Students usually have safety programs for crossing roads and walking/biking to and from school, however, we should also have some form of hand out for parents that goes along with said programs. This may reach the target audience of drivers who are slightly impatient. Reapplying Commissioners: What can you do to improve your previous performance on the Commission? All Commission, Board and Committee applications are a public record The City of Gilroy accepts applications at any time and will keep them on file for one year. 9.C.b Packet Pg. 488 Attachment: 2019 Youth Commission Applications (2423 : Youth Commission Appointments) City of Gilroy Application for the Gilroy Youth Commission Name*: Julia Fox Birth Date*: 05/22/2004 Address: Phone Number(s): (Email Address: Grade*: 10________ School: Dr. TJ Owens Gilroy Early College Academy Please list your background, including community service within the City of Gilroy, and any prior experience with groups or organizations that would qualify you for this Commission: Some of my prior experience working with the City of Gilroy was volunteering each year at the Garlic Festival. At the festival, I assisted the Christopher High School water polo team with keg rolling or the Gilroy Gators with food preparation. I also volunteered for the South County Tail Waggers when their event came to my neighborhood. It was satisfying to help my community and I had fun working with my peers. Currently, I am offering my services to my fellow students and staff at Dr. TJ Owens Gilroy Early College Academy (GECA). I am tutoring freshmen and sophomores. Also, I am a teacher aide for my freshman English teacher, Mrs. Omainsky. Why would you like to be appointed to the Gilroy Youth Commission? I would love to be appointed to the Gilroy Youth Commission because I will make an impact on this wonderful community. I want to work towards bringing the community closer together, especially after this tragic event. I also want to encourage the youth to participate more in community activities. I think the Gilroy Youth Commission and the youth in Gilroy could benefit from my shared experiences, like the struggles we may all face in school. I also want to be appointed because I have an interest in how a local government functions and I am looking for more opportunities to volunteer my time and effort. What do you feel is the biggest problem facing the youth of Gilroy? If you are appointed, what are the steps you will take to address this problem? I believe the biggest problem facing the youth is the stress or anxiety they may face at home or school. Most kids are afraid or unable to go to counselors to discuss the obstacles they may be facing. If I am appointed, I want to work on reaching out to those who are struggling. I think this is necessary because it is something that is blocking us from getting closer together. Those who are struggling must have an output to feel safe in our community. Reapplying Commissioners: What can you do to improve your previous performance on the Commission? n/a All Commission, Board and Committee applications are a public record The City of Gilroy accepts applications at any time and will keep them on file for one year. 9.C.b Packet Pg. 489 Attachment: 2019 Youth Commission Applications (2423 : Youth Commission Appointments) e e City of Gilroy Applications for the Gilroy Youth Commission OZcat 6al\" I'9 Name*: ( M CLl Birth Date*:) Address: " 1 ` Number(s): ( l Address: Poi- ;)- 1 \ School: I)f, , U Ovje'ns (rAcnr_ Far Lj qye4'-e"'4'radeMPlease list your background, including community service within the City of Gilroy, and any prior experience with groups or organizations that would qualify you for this Commission: 1 E\ r0, "s l -A or6n AAA GAura..l Pels, Va 1 art)g C®\\" e. S , ce; M ; V PT) l al^) ( a 1 kn6 kca l n e-r F I1 e l PO Why would you like to be appointed to the Gilroy Youth Commission? 1t.ir t o V1 P fit r- fa, l T I CCk[ %lotCL V\J i9 1 1I1 e T I lJ 1J ` fi' " (' M rnrl'1'I V16v 19Y c Te-P l i e- etee_ - - .- YJrc' 2S.AcTT 1`, Q y G` n!\ M k e_-0 -1- '1 S// CDM f (]1 .1flre, 9,11 Y\C'( 1'!]`)n f) flil1 1lgII7PC 0.MPC 'Tor UCCf'SS® What do you feel is the biggest problem facing the you h of Gilroy? If you are appointed, w at are the steps you will take to address this problem? 7 t n-(' ( © M --; c , 1- jV C'K sS R Y1.(-ri1/( ''12. Ee% r-,_ 1 7feoLcktv le1r Sf%C(^S i'lv O. y1 1' P_ v0Y—S 1 Qssl, ness w cs , f\ 0 i6y- -n eC, 1c nG 1,_ ,r,c l l ore- aIves 10 r r 1 s cesS' Reapplying Commissioners: What can you do to improve your previous performance on 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(a)ci.pilrov.ca.us The City of Gilroy accepts applications at any time and will keep them on file for one year. 9.C.b Packet Pg. 490 Attachment: 2019 Youth Commission Applications (2423 : Youth Commission Appointments) City of Gilroy Application for the Gilroy Youth Commission Name*: Kaitlyn Hynek Birth Date*: June 19, 2002 Address: Phone Number(s): (Email Address: Grade*: 12________ School: Valley Christian High School Please list your background, including community service within the City of Gilroy, and any prior experience with groups or organizations that would qualify you for this Commission: I have volunteered in my community for as long as I can remember. For the past eight years I have also been the recipient of the Gold Presidential Service Award for the amount of community service hours I have completed. Why would you like to be appointed to the Gilroy Youth Commission? I believe that I can offer a unique view, having lived in Gilroy for my entire life, but going to school in a different city since sixth grade allows me to see things differently, and provide a different perspective from those who are currently in the Gilroy school district. What do you feel is the biggest problem facing the youth of Gilroy? If you are appointed, what are the steps you will take to address this problem? I feel that the biggest problem facing the youth of Gilroy is, just like the youth of so many communities in this day and age, the lack of security they can feel. Whether it be lack of security in schools, with their friends, or at home; youth can have a problem feeling connected to one another and feel safe while connecting with one another. If I am appointed, I will try to take steps to allow the youth of our community to have open and safe spaces where they can connect with one another and feel secure in the way that they are handling their relationships with one another. Reapplying Commissioners: What can you do to improve your previous performance on the Commission? N/A All Commission, Board and Committee applications are a public record The City of Gilroy accepts applications at any time and will keep them on file for one year. 9.C.b Packet Pg. 491 Attachment: 2019 Youth Commission Applications (2423 : Youth Commission Appointments) City of Gilroy Application for the Gilroy Youth Commission Name*: Sajiv Jampani Birth Date*: 04/01/2007 Address: Phone Number(s): Email Address: Grade*: 7________ School: Brownell Middle School Please list your background, including community service within the City of Gilroy, and any prior experience with groups or organizations that would qualify you for this Commission: I have been participating in the Associated Student Body (ASB) for more than a year. In addition, I am currently a member of the Students Leading Education (SLED) team of Gilroy that is a network of student leaders engaging the school district in solving real problems. I have participated in a Tech Challenge program to represent my school. Last two summers, I have also participated in the Makerspace program at the Gilroy Library. Why would you like to be appointed to the Gilroy Youth Commission? I would like to be appointed to the Gilroy youth commission so I can work on ways to improve social peace and improve technical education for the youth in Gilroy. I also want to help kids my age in the community by organizing events for them. What do you feel is the biggest problem facing the youth of Gilroy? If you are appointed, what are the steps you will take to address this problem? I feel that the biggest problem facing the youth of Gilroy is violence and social differences in the community. To reduce the problem, I would organize discussions about bringing peace in the community using technology. I would also introduce technical workshops for the youth to learn and work together to develop peace, reduce hatred and become successful. Reapplying Commissioners: What can you do to improve your previous performance on the Commission? All Commission, Board and Committee applications are a public record The City of Gilroy accepts applications at any time and will keep them on file for one year. 9.C.b Packet Pg. 492 Attachment: 2019 Youth Commission Applications (2423 : Youth Commission Appointments) City of Gilroy Application for the Gilroy Youth Commission Birth Date*: 01/12/2006Name*: Joshua Jang Address: Phone Number(s): Email Address: Grade*: 8________ School: Brownell Middle School Please list your background, including community service within the City of Gilroy, and any prior experience with groups or organizations that would qualify you for this Commission: In the past, I have participated in student council during fourth and fifth grade at Rucker Elementary. I also helped with ASB at Browned during sixth grade. I hope this is enough experience for me to be able to qualify for the youth commission. Why would you like to be appointed to the Gilroy Youth Commission? I would like to be appointed to the Gilroy Youth Commission, because I would like to help make Gilroy a better place. As an eighth grader at Brownell, I often feel the lack of being listened to. I know Gilroy and the Gilroy Unified School District are trying to give students and minors a voice. However, rarely is there a time that students are listened to. I want to join the Gilroy Youth Commission to hopefully receive a voice and say in the matters of our city. There are plenty of great students who have good ideas that can benefit Gilroy. I could collect ideas from peers around me and offer them at meetings. I want to help the community and make a positive impact. I will admit another reason is that I can benefit from the program. This could get me volunteer hours and would look good on my college resume, but my focus is on helping Gilroy. What do you feel is the biggest problem facing the youth of Gilroy? If you are appointed, what are the steps you will take to address this problem? The youth of Gilroy is very diverse. There are plenty of students who would like to build up Gilroy and plenty who don't care. If I were to be completely honest, at least half of the students at my current school don't care what is happening to Gilroy. That's where my problem comes from. The biggest problem of facing the youth of Gilroy is being taken seriously and being listened to. If I had to be honest I am probably in the middle of the popularity scale and the way middle school works is the more popular you are, the better people listen to you. A lot of these students don't want to be at school and really don't care about much. If I were to give a speech to the youth of Gilroy there wouldn't be many who'd care about what I was saying. That is why I have a plan to address the problem. In order to face minors of Gilroy and truly get something out of that time and spread a message, that message needs to be conveyed in a relatable way to them. If something is more relatable to a person, they will be more engaged and comprehend better. That is why authors use similes or metaphors, because deep, meaningful concepts are hard to understand. When an author uses a simile or metaphor, the reader can understand the concept, because it is now in a simpler idea. People are also more likely to be more interested in something if they are familiar with it and it impacts them. I feel I can show how events and happenings in Gilroy and the city's atmosphere impacts them. This can help the youth of Gilroy understand and be willing to help. 9.C.b Packet Pg. 493 Attachment: 2019 Youth Commission Applications (2423 : Youth Commission Appointments) Reapplying Commissioners: What can you do to improve your previous performance on the Commission? n/a All Commission, Board and Committee applications are a public record The City of Gilroy accepts applications at any time and will keep them on file for one year. 9.C.b Packet Pg. 494 Attachment: 2019 Youth Commission Applications (2423 : Youth Commission Appointments) City of Gilroy Application for the Gilroy Youth Commission Name*: MEYHAR KAMRAH Birth Date*: 01/24/2004 Address: Phone Number(s): Email Address: Grade*: 9________ School: GECA Please list your background, including community service within the City of Gilroy, and any prior experience with groups or organizations that would qualify you for this Commission: I am a proud student of GECA, always held great academic records, social awareness, willingness to give back to society and friends. I was 1/8 students selected to attend summer camp at Stanford from whole county of Santa Clara. I am contributing towards social causes in US and India with a focus on improving health conditions of women in rural areas of India. I come from family of Doctors, academicians with great values and integrity. I have been part of various community services programs initiated by schools, I have been part of. Why would you like to be appointed to the Gilroy Youth Commission? I understand the challenges faced by the youth and adolescents. I want to create awareness about the problems the youth faces, pressures (academic and social) and want to bring experts and mentors within the community to address those challenges. I firmly believe, if we want to address any problems, first we need to identify and acknowledge the problem, quantify it and put in a systematic plan with the help of experts to eradicate the problem. This is a journey and constant monitoring and improvement is the key to make such programs/initiatives successful. I would like to create new avenues for students within Gilroy to help them aware of developments in various fields, bring in various experts and successful role models to help them understand challenges and opportunities in various fields and prepare them to take informed decisions about their career goals. This could be a beginning and with the help of primary and secondary research activities, I would like to define, redefine my progressive goals for the youth of Gilroy. What do you feel is the biggest problem facing the youth of Gilroy? If you are appointed, what are the steps you will take to address this problem? It depends, the problems could be categorized into 1. Academic and Career related : a. Lack of clear directions on choosing career goals b. Inability to take informed decisions due to lack of role models and understanding it from experts working in various aspired fields c. Lack of resources and updates on current industry trends 2. Social a. Peer pressure b. academic stress c. Lack of community belonging d. Diversity 9.C.b Packet Pg. 495 Attachment: 2019 Youth Commission Applications (2423 : Youth Commission Appointments) 3. Health a. mental health b. physical health c. overall well being d. Physiological changes due to adolescence and there are lot others , I would like to put in a scientific approach in place with 80/20 law and to take a clear goal driven and methodical approach to address those. Reapplying Commissioners: What can you do to improve your previous performance on the Commission? I will have to understand the goals, success and obstacles faced by previous groups and then with the help of data , should be able to identify what worked well and what needs to be improved. I can bring in data driven approach, informed decision with the help of data and bring in components of primary and secondary research to identify top 3-5 problems/challenges faced by youth and put a plan in place to address those. All Commission, Board and Committee applications are a public record The City of Gilroy accepts applications at any time and will keep them on file for one year. 9.C.b Packet Pg. 496 Attachment: 2019 Youth Commission Applications (2423 : Youth Commission Appointments) Name: Senna Kolagotla Birthdate: September 16, 2002 Address: Grade: 12th Phone number: Email: Please list your background, including community service within the City of Gilroy, and any prior experience with groups or organizations that would qualify you for this Commission: Coming from the family that I come from volunteering is very very important. As early as seven years of age I remember helping out at our temple and Yoga community. My parents told us that all the old people at the center needed energetic feet to run around for them, so my sister and I became their feet. I remember elderlies at the center would guide us on filing books back in the library, send us to fetch or deliver things, flower decorations etc. We even put on aprons and baked cookies for Christmas, don’t know if we were help there or nuisance, but we enjoyed it thoroughly. I started formally volunteering at MMC cafe three and half years ago as a cashier. Volunteering and being a part of our community has been extremely important for me. When I got into high school I decided that I wanted to make a difference at my school. I was ecstatic when I made it into ASB and set out to make a difference. As an ASB member, I planned all the major activities in school including dances, rallies, and spirit weeks which would be attended by hundreds of students or more. The most important event to me was kindness week. There were different treats and activities for each day of the week to reiterate the difference a small smile can make in a person’s life. Along with ASB I am also a member of the Gilroy Foundation Youth Board. Part of my platform on the board is to spread awareness about the importance of physical and mental health. I am also a captain on my competitive volleyball team and have been dancing for 10 years. I also play on the Christopher High School Varsity team. Why would you like to be appointed to the Gilroy Youth Commission? I would like to be appointed to the Gilroy Youth Commission again because I want to continue to be involved in my community. Living in a close knit community has taught me many things and has also created a bond between me and the people around me. These people have become like family and I would like to give back to the place/people that have given me so much. I also want to help come up with a solution for the many problems the youth of Gilroy faces every day. Furthermore, I want to help make the lives of the less fortunate students better and create more opportunities for them to succeed. People’s social status should not determine how far they get in life. I believe it is important for everyone to have an equal chance of succeeding, so I want to help create a path for everyone to reach their goal. I moved to Gilroy 5 years ago with my parents and little sister. We left our families and friends back in Chicago where my dad,my sister and I were born. We expected to be homesick and lonely, but Gilroy welcomed us with open arms. We made friends instantly who have become family now. I have always been taught to give back as much as you get if not more, so this would be my little effort in that direction. I would like to give back to this small town because it has given a lot to me. 9.C.b Packet Pg. 497 Attachment: 2019 Youth Commission Applications (2423 : Youth Commission Appointments) While studying in Gilroy schools I have made friends from all kinds of backgrounds and have come across problems or issues that many kids struggle with. I want to help come up with solutions for the many problems our youth faces daily. I want to make a difference in the life of less fortunate students by helping them succeed. I believe we have many programs in place, but awareness to take advantage needs to be there. I would like to work towards having kids become more aware and sincere towards mental and physical health. What do you feel is the biggest problem facing the youth of Gilroy? If you are appointed, what are the steps you will take to address this problem? A major problem that the youth in Gilroy faces is a lack of focus on eating healthy and exercising daily. As an athlete and as my time volunteering at a health and wellness center I have learned the importance of eating healthy from a young age and the effect it has on you. Studies show that kids who eat healthier and get a sufficient amount of exercise tend to do better in school and have a healthy mindset. This means that kids will not be as prone to take drugs, drink alcohol, or engage in other inappropriate behavior. They also have to be shown how taking care of their body can be beneficial to their future. They have to be aware. Making these changes in our youth will create a lasting effect on our community. To fix this problem we could create a program to educate the students and their parents to show them how important eating healthy and exercising are. We could present it at all the schools and create pamphlets for the parents. Then we could talk to the district about supplying healthier options at schools. There are many ways for people to eat healthily and get proper exercise, but for all that to happen they have to be aware how important taking care of yourself is. I am lucky enough to be born in a family where my mom wakes up every morning and makes me a fresh healthy lunch. This is a luxury that not everyone has and I want to change that by spreading awareness and finding healthier options for our youth. What can you do to improve your previous performance on the Commission? To improve my performance on the commission I could provide guidance to the newer commissioners, Being on the commission for two years and taking lead of the Pampered Princess Party I have learned a lot. I would love to pass on the things I have learned to future commissioners so they can keep impacting Gilroy youth in a positive manner. 9.C.b Packet Pg. 498 Attachment: 2019 Youth Commission Applications (2423 : Youth Commission Appointments) City of Gilroy Application for the Gilroy Youth Commission Name*: Clarissa Lara Birth Date*: January 15, 2003 Address: Phone Number(s): (Email Address: Grade*: 10________ School: Dr. TJ Owens Gilroy Early College Academy Please list your background, including community service within the City of Gilroy, and any prior experience with groups or organizations that would qualify you for this Commission: As for groups or organizations, I have worked as the Club Coordinator for the Girl Who Code Club at the Gilroy Public Library since September. The first session met every Saturday for 15 weeks and the second every Thursday for 10 weeks. I have also become the main facilitator for a Google CS First class that meets every Saturday within the same location. I have also volunteered at St. Joseph's Family Center, the Gilroy Garlic Festival, and different elementary level events such as the Fall Festival at Rucker elementary, the Talent Show at Luigi Aprea as well as Lego math tutoring sessions at PA Walsh Elementary school. Why would you like to be appointed to the Gilroy Youth Commission? I want to create a career shadowing program for teenagers in order for them to make more informed decisions when it comes to college and their future occupation. The program would work by connecting high schoolers with mentors in a field they are interested in. This way, they can see what it would truly be like to be in that career or perhaps discover one they hadn't considered. With the Youth Council behind me, I would be able to reach a wider audience while at the same time fulfilling my role as a Youth Commissioner: helping my generation's voices be heard. What do you feel is the biggest problem facing the youth of Gilroy? If you are appointed, what are the steps you will take to address this problem? The lack of easily accessible role models has made it so that teenagers in our community do not see themselves as capable of becoming more than they are—as the leaders and innovators of the future. In order to counteract this and also give them the foundation for better life decisions in college, I want to create a shadowing program. This will serve not only as an enormous boost to their college applications, but also as a way to truly see what it is they do, and do not want to pursue in terms of career, as well as an example path to get them started. To do this I will first present the idea, advertise it in order to get willing mentors, and then advertise at the high school level in order to get shadows. This way I can connect people together in order launch the program forward. Reapplying Commissioners: What can you do to improve your previous performance on the Commission? N/A All Commission, Board and Committee applications are a public record The City of Gilroy accepts applications at any time and will keep them on file for one year. 9.C.b Packet Pg. 499 Attachment: 2019 Youth Commission Applications (2423 : Youth Commission Appointments) City of Gilroy Application for the Gilroy Youth Commission Name*: Joshua Martinez Birth Date*: 02/28/07 Address: Phone Number(s): Email Address: Grade*: 7________ School: Brownell Please list your background, including community service within the City of Gilroy, and any prior experience with groups or organizations that would qualify you for this Commission: I am 12 years old and I moved to Gilroy 6 years ago from San Jose with my parents and 2 younger brothers. I attended Luigi Aprea from 1st-5th grade. During that time I took GATE enrichment classes and one of the classes had us go to a city council meeting and perform the Pledge of Allegiance in sign language. I was elected Bulldog Ambassador in 5th grade, which provided me with mediator training. I helped resolve conflicts out on the playground successfully. I also took meditation training and lead other classrooms during meditation sessions. I am now attending ASB at Brownell hoping to be more involved. Why would you like to be appointed to the Gilroy Youth Commission? I would like to be appointed to the Gilroy Youth Commission because I would have a voice. I enjoy helping others and making a difference in this world. I’m not shy with my thoughts and opinions and I feel I would be a positive addition to the commission. What do you feel is the biggest problem facing the youth of Gilroy? If you are appointed, what are the steps you will take to address this problem? I feel the biggest problem is overuse and influence of the internet. I would encourage programs and activities that help keep youth busy and engaged. I would also have experts or speakers go to schools and talk about the effects of the internet. Reapplying Commissioners: What can you do to improve your previous performance on the Commission? All Commission, Board and Committee applications are a public record The City of Gilroy accepts applications at any time and will keep them on file for one year. 9.C.b Packet Pg. 500 Attachment: 2019 Youth Commission Applications (2423 : Youth Commission Appointments) City of Gilroy Application for the Gilroy Youth Commission Name *: Alayna Matthews Birth Date* Address: 9/11/2018 16:58 4/28/2002 Phone Number(s): Email Address: Grade *: 11 School: Monte Vista Christian School Please list your background, including community service within the City of Gilroy, and any prior experience with groups or organizations that would qualify you for this Commission: I am a high school student at Monte Vista Christian School. There, I am a part of many groups. I was recently elected as ASB Secretary, and have been a part of student leadership for 5 years. I am also Vice President of the California Scholarship Federation group(scholars for service), and student ambassador at MVCS. I have been worship team leader for 5 years, and peer tutor for 2 years. Additionally, I was the recipient of 4 Christian Character Awards and even started a girls group on campus for Christians seeking fellowship. Outside of school, I am a Sunday School teacher at Morgan Hill Bible Church, and volunteer at Santa Clara Valley Medical Health and Hospital Sytems, however, I am hoping to transfer to St. Louise Hospital soon. I'm currently working with a vascular surgeon to publish a medical research paper as well. I have a heart for service and enjoy working at Kumon Learning Center(Morgan Hill) as a math and reading tutor. Why would you like to be appointed to the Gilroy Youth Commission? I would like to be appointed to the Gilroy Youth Commision because I believe that it is extremely important for the youth to be involved in politics, especially females. I also want to help create a culture in which diversity among teens in which diversity is celebrated, whether that be in sports, academics, or the arts. I strongly believe that Gilroy has the potential to become a town in which the youth is known for being well rounded, motivated, and most importantly, kind. It would be an honour to be part of a team who could do this. What do you feel is the biggest problem facing the youth of Gilroy? If you are appointed, what are the steps you will take to address this problem? The Youth in Gilroy tend to be very individualistic. We were born into a time where competition is encouraged. Healthy competition is often very helpful, but from what I've noticed, the individualistic mindset here is harmful. To change this, I would propose planning monthly city- 9.C.b Packet Pg. 501 Attachment: 2019 Youth Commission Applications (2423 : Youth Commission Appointments) wide service opportunities. It would give teens a chance to help others while bonding with friends. These activities could include collecting and wrapping gifts for underprivileged children, free tutoring, and making care packages for those in shelters. These activities would not only help teens think of others in the community but also help build healthy relationships with their classmates, as they would be working alongside one another. Reapplying Commissioners: What can you do to improve your previous performance on 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(a ci.gilroy.ca. us The City of Gilroy accepts applications at any time and will keep them on file for one year. 9.C.b Packet Pg. 502 Attachment: 2019 Youth Commission Applications (2423 : Youth Commission Appointments) City of Gilroy Application for the Gilroy Youth Commission Name*: Adriana Mireles Birth Date*: 02-02-2007 Address: Phone Number(s): Email Address: Grade*: 7________ School: Brownell Middle School Please list your background, including community service within the City of Gilroy, and any prior experience with groups or organizations that would qualify you for this Commission: Dear City Council Members, I am so excited to apply today for the great honor to become a member of the Gilroy Youth Commission. My name is Adriana Mireles. I am a 12-year-old 7th grader at Brownell Middle School and have lived in Gilroy all my life in my grandparents' home. My mother Sarah was very young when she had me. My dad's family lives in Michoacan, Mexico. I am very proud of my mom because she recently graduated from college with an Associate of Science degree as a Vet Tech. Although it was hard as a single mom to go to college while having a job as a licensed hair stylist, she never gave up and taught me that if I can dream something, I can do it. Like my mom, I love animals very much. I have three rescue dogs at home and a rescue rabbit. My grandma Silvia is an immigrant from Germany. She moved to California when my mom was my age. I call her Oma which is the German word for grandma. She takes me to work at her college sometimes. I like learning new things there like how to draw for animation. Oma also takes me to the Gilroy “Coffee with the Mayorâ€events where they have great donuts. I like our Mayor Roland Velasco. Being mayor is not easy because you have to listen to all sides and opinions and make the right decisions and there is always at least one who does not like your decision. My grandma always says, “It is important to be involved in community politics because if you sleep in democracy, you wake up with another Hitler.” My grandpa Clay is my best friend. He helps me with math homework and takes me to DreamPower Horsemanship in Gilroy where I am a volunteer and a member of the Hitch Team. Yes, I can drive a horse carriage all by myself. Flash and Captain Bingo whom we call Wishe for “Wish he would go fasterâ€are the carriage horses. All horses are therapists who work with special needs kids, youth at risk, and veterans. I help with events and as a groomer. Horses eat a lot and we always need to fundraise money to feed them. I volunteered as pooper scooper in the 4th of July Parade in Morgan Hill with the DreamPower mini horses. It is hard work but fun because the pooper scoopers get the most applause. I am a huge Alexander Hamilton fan and save up my weekly allowance to go and see the musical. The tickets are so expensive. I know all the songs by heart. Hamilton inspired me to be of service to the American people. This summer I went to Washington DC with my grandparents. I love history. We visited the monuments, Arlington, the Smithsonian, Mount Vernon, and the souvenir shop in the National Archives has the coolest Alexander Hamilton stuff. My Congressman Jimmy Panetta and his team invited us for a tour and I learned so much about American history and the three branches of government. I think it would be cool to work 9.C.b Packet Pg. 503 Attachment: 2019 Youth Commission Applications (2423 : Youth Commission Appointments) as an intern for a Congressman and maybe become a Congresswoman myself one day or maybe President? I think as a member of the Gilroy Youth Commission, I can learn a lot about how to govern a city, express my opinions, and be a voice for children and teens against bullying and injustice. I love my hometown Gilroy and want to contribute to its success. The shooting at the 2019 Garlic Festival scared everyone and I was so sad but it also made our community stand together even more. We are Gilroy strong as brothers and sisters against violence, no matter where we came from or what language we speak. Please consider me as a member of the Gilroy Youth Commission, I would love to serve. Sincerely, Adriana Mireles Why would you like to be appointed to the Gilroy Youth Commission? Reading about Alexander Hamilton and visiting Washington DC this summer inspired me to be of service to the American people. I think as member of the Gilroy Youth Commission I can learn to express my opinions and be a voice for children and teenager who are afraid to speak up against bullying in school and in cyberspace. It would be interesting to work with the City Council, the Mayor, and other members of the Youth Commission and learn how to govern a community. What do you feel is the biggest problem facing the youth of Gilroy? If you are appointed, what are the steps you will take to address this problem? Bullying is one major problem I see many children and teenagers are faced with in school and online. Many kids are too shy or afraid to speak up. I want to help and be a voice for them. The steps I would take would be setting up info tables in schools and community events where children and teenagers can talk to me about bullying and get help if they have a problem with a bully. I would also try to contact school counselors and talk to students who are known as bullies and maybe find out why they are behaving like that. I would like to discuss with other youth how to act on social media and how we can protect ourselves from cyber bullying or stalking. Reapplying Commissioners: What can you do to improve your previous performance on the Commission? n/a All Commission, Board and Committee applications are a public record The City of Gilroy accepts applications at any time and will keep them on file for one year. 9.C.b Packet Pg. 504 Attachment: 2019 Youth Commission Applications (2423 : Youth Commission Appointments) City of Gilroy Application for the Gilroy Youth Commission Name*: Awa Ndao Birth Date*: 01/11/03 Address: Phone Number(s): (Email Address: Grade*: 11________ School: Christopher High School Please list your background, including community service within the City of Gilroy, and any prior experience with groups or organizations that would qualify you for this Commission: In terms of service, I have volunteered as a Jr. Guard for the City of Gilroy, having completed over 40 hours as a volunteer. Why would you like to be appointed to the Gilroy Youth Commission? I would like to be appointed to the Gilroy Youth Commission because I believe that I can serve as a powerful, extremely vocal spokesperson for Gilroy's youth. Being aware of the issues facing our youth, I can offer a first-hand perspective of these issues and aid in providing reasonable solutions on how to better handle these problems. As a part of this Commission, I would work to make the best interests of the youth heard, and help in catering to these interests. What do you feel is the biggest problem facing the youth of Gilroy? If you are appointed, what are the steps you will take to address this problem? The biggest problem that seems to be plaguing the youth of Gilroy is a lack of support in terms of schooling (pressure, grades, teachers who aren't teaching material well). The pressure of receiving excellent grades is overwhelming for many, coupled with the fact that some administrators' teaching methods don't quite reach every student and cater to their way of learning. If appointed, some of the steps I plan to take in addressing the problem include a survey of students in the community to find out how they learn best: learning environment, method (visual, auditory, etc.) and create tutoring opportunities within school communities that cater to those. When it comes to tutoring and opportunities for academic help, most of the time these facilities aren't located on school grounds, making it more difficult for students to make the commute. Rather than having students going to tutoring facilities outside of school, we can bring the tutoring opportunities to them. Reapplying Commissioners: What can you do to improve your previous performance on the Commission? All Commission, Board and Committee applications are a public record The City of Gilroy accepts applications at any time and will keep them on file for one year. 9.C.b Packet Pg. 505 Attachment: 2019 Youth Commission Applications (2423 : Youth Commission Appointments) City of Gilroy Application for the Gilroy Youth Commission Name*: Reet Padda Birth Date*: 02/03/2004 Address: Phone Number(s): (Email Address: Grade*: 10________ School: Dr. TJ Owens Gilroy Early College Academy Please list your background, including community service within the City of Gilroy, and any prior experience with groups or organizations that would qualify you for this Commission: For the school years of 2016-2017 and 2017-2018, I was elected as president of student council at Gilroy Prep School, where I helped the students and staff unite as a community. In turn, this fostered a healthy environment where students could easily learn and grow. The summer after my eighth grade promotion, I volunteered in the classrooms where summer school was held and helped the teachers prepare for next year, as well as helping the students who were attending summer school. I also volunteered at the 2018 Gilroy Garlic Festival along with participating in the Fourth of July Parade in Morgan Hill. I was part of a group representing the Indian Association of the South Santa Clara County, which is a non-profit organization. Furthermore, I took part in the "Leaders on Loose" training and volunteered at the Gilroy Youth Soccer League games. I am currently sophomore class president, and I am working with the rest of the GECA ASB to create a supportive environment for students throughout all four classes. Why would you like to be appointed to the Gilroy Youth Commission? At school and throughout the community, I have heard many ideas about programs that can be incorporated into our curriculum at school, and can have positive effects on students. As a member of the Gilroy Youth Commission, I will have the opportunity to spread these ideas throughout the community. I want to give back to the community that has helped me grow as an individual and has shown incredible courage in adverse times. What do you feel is the biggest problem facing the youth of Gilroy? If you are appointed, what are the steps you will take to address this problem? One of the dilemmas many youth in Gilroy face is deciding whether or not to go to college, and which college they should go to. Although our schools provide some opportunities to learn more about various colleges and universities, researching about a college can only help to a certain extent. If students were able to interact with alumni from those schools, they would receive first- hand information. The concept is similar to that of a career fair, but instead of having people from different occupations discuss their line of work, alumni from universities across the country would talk about their experience in the school they attended. Not only could alumni come speak and answer questions, but current students could also describe their experiences in college so far. The "college fair" could potentially be held at Gavilan College in Gilroy. Alumni and/or teachers could also help senior students write their college essays or applications. Reapplying Commissioners: What can you do to improve your previous performance on the Commission? n/a 9.C.b Packet Pg. 506 Attachment: 2019 Youth Commission Applications (2423 : Youth Commission Appointments) All Commission, Board and Committee applications are a public record The City of Gilroy accepts applications at any time and will keep them on file for one year. 9.C.b Packet Pg. 507 Attachment: 2019 Youth Commission Applications (2423 : Youth Commission Appointments) City of Gilroy Application for the Gilroy Youth Commission Name*' q A 'Pwo ((0-5 Birth date*: I q J Phone numbers) :(L"address: r Please list your background, including community service within the City of Gilroy, and any prior experience with proups or org niz tions that wo ld qualif you for thi Commissign: I t i? it 01 u 11 +ee Vi u%1 t -D .5 %Z U- L/i 12N `f'!A-.e-- /10 me Xe 6S . Jn 1 ` d- e t? &OAMr55roA.01,- t(s Why would you like to be appointed to the Gilroy Youth Commission? Gi/ v k (d IV vyt C..O m4th' av y s bvi l r v ° e Gov l ctt,, J_ pu4-4,P iv -j-n r'0 I'DU < , J - What do you feel is the biggest problem facing the youth of Gilroy? If. you are appointed, what are the steps you will take to address this problem? -P2P. I %'btci C'S robl-wr. c' vqj °-4v- Yr)1A,/V D - G Iv 0 I s )'tv are- ren0J i pi Vda e e vt 1` to 0 V l i v V71 r 1,4 ' e- g'7 / d U % ( o o - Vt (Tt 5 (' Ou Reapplying Commissioners: What can you do to improve yd'ur previous performance on 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(cr ci.ailrov.ca.us The City of Gilroy accepts applications at any tirne and will keep thern on file for one year. 9.C.b Packet Pg. 508 Attachment: 2019 Youth Commission Applications (2423 : Youth Commission Appointments) City of Gilroy Application for the Gilroy Youth Commission Name*: Serena Ramirez Birth Date*: 03/15/2004 Address: Phone Number(s): Email Address: Grade*: 10________ School: Gilroy Early College Academy Please list your background, including community service within the City of Gilroy, and any prior experience with groups or organizations that would qualify you for this Commission: In my pursuit to obtain community service hours to fulfill the 80-hour graduation requirement, I have volunteered through the city during the past 2 summers. I spent 57 hours volunteering as a Camper Cubs counselor in 2018. This past summer I signed up to help Seniors with Technology but was told this was only an as-needed position and only ended up doing it for 2 hours. Although most of my volunteer hours have been dedicated to the older and younger demographics, I would have much rather volunteered in programs offered to people in my own age group. This being said, I've noticed there are very few options available for kids my age. I have no experience in working with groups or organizations outside of school and work. Why would you like to be appointed to the Gilroy Youth Commission? I would love to get the opportunity to apply myself to helping the community. As well as making Gilroy a safer and more exciting place to be, I would like to make the unique teen perspective more widely accessible to the public. I believe that I could contribute some more creative flair to activities hosted in Gilroy with my additions since my strong suit is in writing and drawing. Along with this, I am sure that I can allow my demographic's opinions to be heard and manifest their desires to the best of my ability. What do you feel is the biggest problem facing the youth of Gilroy? If you are appointed, what are the steps you will take to address this problem? One of the biggest problems facing the youth of Gilroy is the lack of activities for them to partake in. Although Gilroy offers many recreational classes during the summer, outside of this time period teens rarely have the opportunity to spend time with their community in a way that is engaging. If I am appointed, one step I would take to address this problem would be to convey ideas from my peers and transform them into events that pique their interests. Along with this, I would attempt to contribute potential fundraiser ideas that could fund these events. Reapplying Commissioners: What can you do to improve your previous performance on the Commission? I am not a reapplying commissioner. All Commission, Board and Committee applications are a public record The City of Gilroy accepts applications at any time and will keep them on file for one year. 9.C.b Packet Pg. 509 Attachment: 2019 Youth Commission Applications (2423 : Youth Commission Appointments) From:noreply@civicplus.com To:Suzanne Guzzetta; Shawna Freels Subject:Online Form Submittal: Youth Commission Application Date:Saturday, September 14, 2019 5:09:08 PM Youth Commission Application City of Gilroy Application for the Gilroy Youth Commission The City of Gilroy accepts applications at any time and will keep them on file for one year. PLEASE NOTE: All Board, Commission, and Committee applications are a public record. First Name Augusta Last Name Schulte Birth Date 02/11/2003 Address1 Address2 Field not completed. City Gilroy State CA Zip 95020 Phone Number Secondary Phone Number Field not completed. Email address Grade 11 School Christopher High School Please list your background, including community service within the City of Gilroy, and any prior experience with groups or organizations that would qualify you for this Commission: I am involved in the New Hope Community Church Children’s Ministry, I have volunteered at the Garlic Festival for 3 years, I am a member of the Interact Club on my school campus and I have volunteered at the Live Oak Adult Day Care. 9.C.b Packet Pg. 510 Attachment: 2019 Youth Commission Applications (2423 : Youth Commission Appointments) Why would you like to be appointed to the Gilroy Youth Commission? I would like to be appointed to the Gilroy Youth Commission because it is an amazing opportunity to work with the city leaders as a representative of the youth of Gilroy and to bring about change in areas that will positively influence the young people and others in our community. What do you feel is the biggest problem facing the youth of Gilroy? If you are appointed, what are the steps you will take to address the problem? I think the youth of Gilroy are faced most with the problem of remaining inactive in the community and in their schools. We have been taught to go to school and do our homework and we repeat that routine each day. Though we are required to complete a certain number of community service hours in order to graduate, these do not produce a heart of servitude. To address these problems I would like to create fun events and other activities in Gilroy where students can serve that will not only meet the requirements, but create a desire to become servants of the community, in the hearts of youth. (Reapplying Commissioners) What can you do to improve your previous performance on the Commission? Field not completed. Email not displaying correctly? View it in your browser. 9.C.b Packet Pg. 511 Attachment: 2019 Youth Commission Applications (2423 : Youth Commission Appointments) City of Gilroy Application for the Gilroy Youth Commission Name*: Isabella Sells Birth Date*: 12/10/2004 Address: Phone Number(s): Email Address: Grade*: 9________ School: California Connections Academy Please list your background, including community service within the City of Gilroy, and any prior experience with groups or organizations that would qualify you for this Commission: I have been serving as a 'Leaders on the Loose' program volunteer in the City of Gilroy. Through the program, I have been volunteering for various Youth Sports programs including Aquatic Program during the summer as an assistant swim instructor and a certified Junior Life Guard. I always have hearts for making my community a better place for all and also volunteered as a Senior Tech Center at the Gilroy Senior Center. I have learned a lot about how to work with others and bring smiles to others' faces. I also served as an elected president of National Junior Honor Society, Connections Academy Chapter, to lead the group of middle school volunteers serving the community through Foster care help, Animal Shelter Help, and Cal Fire Victim help. Why would you like to be appointed to the Gilroy Youth Commission? Unlike serving the community physically as an individual or as a group, the Gilroy Youth Commissioner's position seems like many positive and collective decisions to make a community a better place, especially for the youth of Gilroy. I'd like to contribute my leadership and service in planning projects that can make Gilroy an amazing place to live for all, especially for the youth like me. What do you feel is the biggest problem facing the youth of Gilroy? If you are appointed, what are the steps you will take to address this problem? The biggest problem facing the youth of Gilroy is lack of technology education opportunities. I was very impressed with the organized sports in the City of Gilroy through my volunteering. However, through my Senior Tech Tutoring, I realized that most tech camps and lessons are concentrated in up North in San Jose & Palo Alto Area. I think that the technology literacy is crucial in the next century and I believe that there should be more affordable technology education programs for the youth. The Gilroy schools are doing a great job, but the youth needs more knowledge than basic tech education. Reapplying Commissioners: What can you do to improve your previous performance on the Commission? N/A All Commission, Board and Committee applications are a public record The City of Gilroy accepts applications at any time and will keep them on file for one year. 9.C.b Packet Pg. 512 Attachment: 2019 Youth Commission Applications (2423 : Youth Commission Appointments) Received by City Clerk's Office 7/12/19 City of Gilroy Application For the Gilroy Youth Commission Name: Kimberly Wu Birthdate: 05/10/2004 Address: Grade: 10 (Dr. T.J. Owens Gilroy Early College Academy) Phone number(s): ( Email address: 1. Please list your background, including community service within the City of Gilroy, and any prior experience with groups or organizations that would qualify you for this Commission. During the summer leading up to my freshman year, I was involved in the City of Gilroy's Leaders on the Loose (LOL) program. Also during the 2018 summer, I volunteered with the Camper Cubs where I supervised young children and assisted camp leaders with various activities. I actively participate in community events around the city, including events like Kids Discover Arts and National Night Out. I was a member of the California Junior Scholarship Federation, and during my membership, I consistently volunteered at the Gilroy Demonstration Garden. This will be my first experience participating in a group of this kind. 2. Why would you like to be appointed to the Gilroy Youth Commission? The Gilroy Youth Commission has been an organization of interest since I was in middle school, so having the opportunity to be appointed is incredibly valuable to me. Most significantly, I wish to act as a voice for my peers and speak for any weaknesses within the community. I understand the importance of addressing complications facing the youth, and it is never too early or late to confront these concerns. In addition, being a member of this committee will strengthen my leadership skills. As I wish to pursue a career in business, having the necessary abilities to direct and assist others is mandatory; I know that I will gain the experience necessary in the Gilroy Youth Commission. Not only will this organization grow my leadership capacity, but it will also reinforce my dexterity in teamwork. Communicating and collaborating is an inevitable aspect of my life, and any opportunities to build this skill is beneficial. Serving the community under the guidance and care of the members and supervisors of the Gilroy Youth Commission will provide an excellent resume of teamwork. As I continue my high school journey, my goal is to serve the community in 9.C.b Packet Pg. 513 Attachment: 2019 Youth Commission Applications (2423 : Youth Commission Appointments) Received by City Clerk's Office 7/12/19 the most relevant ways, and I recognize that being appointed will bring me a large step forward to fulfilling this achievement. 3. What do you feel is the biggest problem facing the youth of Gilroy? If you are appointed, what are the steps you will take to address this problem? What do you want to do when you grow up?" is a question most adults ask young individuals. Often, the answer is "I don't know." Although it is imperative that children cherish their childhood, many realize as they grow up that adolescence is a daunting period. The biggest issue tackling the youth of Gilroy is the lack of career -related, interactive extra curriculars. As mentioned previously, I have the prospect of pursuing my future in the business field, and I find it particularly difficult to find opportunities related to business. Finding programs or classes that focus in teaching concepts like entrepreneurship or financial literacy to teenagers is scarce, and I am sure this is the case for other careers. To supplement the lack of these career -related educational courses, I am currently taking classes at Gavilan College with the ambition to complete my associate degree in general business by the time I graduate high school; however, not every child gets to have the circumstance nor resources to immerse their primary and secondary education within a college environment. This makes it increasingly challenging for the youth to explore possible career paths and discover their passion. Encouraging the youth to seek their areas of dedication is imperative for their future, and this process also helps gain their college readiness. We can take significant steps in fostering a successful adulthood for children and teenagers by implementing enrichment programs that focus in a variety of career paths. Adult volunteers who have expertise in their respective fields can act as teachers. Although these programs, more detailed than school career days, will not be particularly rigorous nor demanding, they provide a hands-on, interactive experience that puts children in the shoes of these various jobs. For example, coding is a popular path many young teenagers are interested in. Having educational coding classes where children learn about its fundamentals allows them to decide whether or not this is what they wish to pursue. Not only that, but they also breed the idea of "trying something new" and gaining a valuable skill set. These programs differ from other summer classes or school courses because they are free, local, and they operate during the school year. They can also build valuable teamwork abilities with individuals who have similar passions and goals. Being appointed to the Gilroy Youth Commission will allow me to move forward with these potential steps, and I am more than excited to build a successful future for the future leaders of Gilroy and beyond. 9.C.b Packet Pg. 514 Attachment: 2019 Youth Commission Applications (2423 : Youth Commission Appointments) City of Gilroy STAFF REPORT Agenda Item Title: Consider Modifications to the Temporary Use Permit Provisions Under City Code Chapter 30 Article 47 of the Zoning Ordinance Entitled "Temporary Uses" Meeting Date: October 7, 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 Receive report and provide direction to staff EXECUTIVE SUMMARY The Gilroy City Code contains provisions for granting temporary uses within the City for specific limited types of activities. These uses mostly consist of limited seasonal sales activities (typically allowed for 30 days or less), temporary construction trailers, or temporary subdivision sales offices. On occasion, staff has received requests to use temporary trailers and modular buildings as an interim measure to allow a business to accommodate expansion needs. 10.A Packet Pg. 515 The current regulations do not address this type of activity. In order to accommodate such needs staff has administratively approved these activities for a period of less than 6 months; which has been deemed acceptable without requiring review for compliance with environmental and storm water regulations. More recently, staff has asked the City Council to grant authority for staff to allow two businesses to operate with interim facilities under a Temporary Use Permit (TUP) for an extended time period of two years. Staff seeks direction from the City Council whether a policy or zoning requirement should be pursued that would allow extended use permit requests to be considered, as needed, in an effort to support and retain businesses within the community. POLICY DISCUSSION The City Council is asked to consider whether to allow temporary uses to be established for more than 6 months by formal policy or code amendment. BACKGROUND Zoning regulations generally regulate permanent land uses for parcels within the City. City Code Article XLVII (Temporary Uses) allows short-term uses in any zoning district when the use would not negatively affect the public welfare and cannot result in permanent changes to the premises. Temporary use permits are approved administratively, often on the same day of submittal at the Planning Division counter. There is no public notice or hearing associated with such processing. Examples of temporary uses include the following: Temporary construction buildings incidental to development on the same or adjacent property. Sales offices associated with a subdivision tract. Outdoor sales on public rights of way for four (4) consecutive days, four (4) times per year, per shopping center. Other temporary uses (not to exceed 30 days) for neighborhood festivals, charitable booth sales, seasonal sales, fireworks sales, and other similar uses. The Planning Division has also utilized this section to address short term expansion needs of businesses. However, there is no set time duration identified in the Zoning Ordinance for this type of temporary business activity. The Zoning Ordinance includes a definition for a “Temporary business establishment,” [which] means an activity involving the sale or display of merchandise in the open, in a vehicle, or in a temporary building or structure, or for a limited time in a permanent building or structure. Relying upon this definition and various code requirements as a guide, the Building, Fire, Engineering and Planning staff have generally considered “temporary” to be less than one-year. However, as noted above, temporary uses more than six months in duration could trigger additional environmental, storm water, or other regulatory requirements. 10.A Packet Pg. 516 Additionally, Planning Division Policy PP 2011-01, Temporary Uses, provides detailed information that clarifies the approval process for and operation of temporary uses described in Section 47.50 of the Zoning Ordinance. This policy reiterates the 30 day time limitation specific in the Zoning Ordinance, as well as clarifying allowable locations in relation to the primary use, hours of operation, signage, and additional regulations for food related uses. Recently, staff requested Council consideration and direction to allow two special circumstances for extended temporary use permits: One for the Alpine Landscapes offices at 8595 Murray Avenue, while they find a more suitable site for relocation. The other for Saint Louise Hospital to support facility upgrades (consisting of a temporary 2,160 square foot facility for system upgrades, trainers, and classrooms ) as part of a multi-million dollar upgrade being planned for the hospital. These extended uses for interim facilities have been granted for up to two years, subject to a bond and requirement that a formal Architectural and Site Review permit application be filed if the improvements were to remain for a longer period. In addition, earlier this year the Gilroy Garlic Festival non-profit offices relocated to a donor’s office within an industrial zone. As a condition of abating this zoning code violation, the Gilroy Garlic Festival agreed to not-expand their office operations, to retain their storage facility on-site as allowed by zoning, and to relocate the office uses to an approved zone at the end of their current two-year lease. DISCUSSION Staff seeks direction on whether a formal policy or code amendment should be prepared to allow for use of temporary facilities to accommodate business development or expansion needs under special circumstances for a period of up to two years. This could be added as a temporary use category to Article XLVII, or as a permissible exception within the Temporary Use Policy, to allow for additional flexibility and options for growth of businesses within the City. Staff has reviewed regulations of eleven Cities within the bay area, including several within Santa Clara County, to find examples of similar temporary use provisions. All surveyed agencies currently allow security trailers and sales offices, short term temporary uses for seasonal sales, special events and temporary outdoor sales, similar to the current City regulations. However, several jurisdictions have a general allowance for other similar activities that the planning director determines to be compatible with the district and surrounding uses. The maximum time allowed for temporary uses was found to be one-year. Staff suggests revising the City code to allow the Community Development Director to consider the following: Temporary facilities or uses within a building requested to support temporary expansion needs of an existing business, or any similar activity, may be 10.A Packet Pg. 517 permitted where the Community Development Director or designee determines that the use would be compatible with the underlying zoning district and surrounding uses, would not create safety risks or other hazards, would satisfy the intent of the zoning regulations, and would not be required for more than two years. Such a provision could help businesses pursue expansion with less risk and is considered to support customer service and economic development by streamlining the existing TUP process. ALTERNATIVES 1. Provide direction to staff to draft an amendment to Article XLVII allowing administrative approval of temporary business expansions and bring the item to the Planning Commission and City Council for adoption. Staff recommends this option as it is in alignment with the strategic plan goals and provides a clear regulatory process. 2. Provide direction to staff to draft an amendment to Article XLVII allowing administrative approval of temporary business expansions, but only for a maximum of period 1 year, and bring the item to the Planning Commission and City Council for adoption. Staff supports this alternative option as it is in alignment with the strategic plan goals and provides a clear regulatory process . 3. Provide direction to staff to amend the Temporary Use Policy to allow for administrative approval of temporary business expansions under the existing provisions of Article XLVII. Staff does not recommend this option as clear regulatory authority is not provided under Article XLVII to allow for such activities. 4. Provide direction to staff to make no changes to the current City Code or processing of such requests. Staff does not recommend this option as the existing process does not provide a streamlined mechanism to consider special circumstances which may be supportive of economic development opportunities and/or business retention. FISCAL IMPACT/FUNDING SOURCE No fiscal impact is associated with this request. CONCLUSION As currently written, the Planning Manager has limited authority under the Zoning code to approve temporary uses for extended periods of time. Such requests have been forwarded to the City Council for consideration. The Council is asked to consider allowing staff to administratively review and approve such requests. NEXT STEPS 10.A Packet Pg. 518 At the direction of the City Council, staff will prepare the appropriate amendment to the Zoning Ordinance. Subsequent public hearings will be held before the Planning Commission and the City Council to review the proposed ordinance amendment. Should the City Council decide that no action is needed, staff will continue reviewing TUPs under the current ordinance and policy. PUBLIC OUTREACH This item is for discussion and direction on existing City regulations and policies, therefore no outreach or notification has been conducted or required at this time. Attachments: 1. Temporary Use Permit Regulations Article 47 2. Temporary Use Policy 30.47 10.A Packet Pg. 519 Gilroy City Code ARTICLE XLVII. TEMPORARY USES Page 1/1 The Gilroy City Code is current through Ordinance 2018-15, passed November 5, 2018. ARTICLE XLVII. TEMPORARY USES 30.47.10 Temporary uses. Certain temporary uses of property may be permitted in any district. The permit or license may be made contingent upon such conditions and time limitations as are reasonably necessary to secure the public welfare. The violation of any such condition shall be grounds for the revocation of the permit or license. The enforcing officer may require guarantees to assure removal of the temporary use and of any debris or refuse resultant from the use, so as to restore the premises to the prior condition. (Ord. No. 2013-08, § 2 (Exh. A), 8-5-13) 30.47.20 Temporary construction buildings. Temporary buildings and uses incidental to the construction of a building or group of buildings on the same or adjacent premises may be permitted in any district. Such temporary buildings and uses must be removed within thirty (30) days after the completion of construction. (Ord. No. 2013-08, § 2 (Exh. A), 8-5-13) 30.47.30 Sales offices. A temporary tract or sales office may be permitted in a residential district during the period of construction or sale of homes in a new subdivision if located in a dwelling or in a temporary structure that meets setback requirements for a main building. The office shall be removed and the entire premises shall be restored to conform to the district regulations within thirty (30) days after the sales for such tract are concluded. (Ord. No. 2013-08, § 2 (Exh. A), 8-5- 13) 30.47.40 Outdoor sales on public property. Outdoor sales with merchandise displayed on any public right-of-way, public street or sidewalk, shall be restricted to four (4) per year per organized shopping area, and shall last no more than four (4) consecutive days. Regularly scheduled community-wide civic events, as determined by the planning director, shall be exempt from these provisions. (Ord. No. 2013-08, § 2 (Exh. A), 8-5-13) 30.47.50 Other temporary uses. Any of the following uses may be permitted, subject to a specific time limit not to exceed thirty (30) consecutive days per calendar year: (a) Neighborhood bazaar, exhibition, celebration or festival in any district, when sponsored by an organized group of residents or tenants in the vicinity. (b) Booth for charitable, welfare, civic or patriotic purposes. (c) Open-air sale of seasonal items, such as (but not limited to) flowers for Valentine’s Day, Mother’s Day and graduation, Christmas trees and pumpkins, except in residential districts. For purposes of this section “seasonal items” means those items not typically sold by the on-site permanent retail establishment and/or by the same retailer. (d) Sales of fireworks, as regulated by all applicable city policies and ordinances. (e) Other temporary outdoor uses that meet all other conditions of this chapter, and where the zoning administrator determines that no safety hazards will result from the proposed use. (Ord. No. 2013-08, § 2 (Exh. A), 8-5-13; Ord. No. 2015-02, § 4, 5-4-15) 10.A.a Packet Pg. 520 Attachment: Temporary Use Permit Regulations Article 47 [Revision 1] (2019-151 : Temporary Use Permit Discussion) City of Gilroy COMMUNITY DEVELOPMENT DEPARTMENT 7351 Rosanna Street, Gilroy CA 95020 (408) 846-0451 (408) 846-0429 (fax) www.cityofgilroy.org Planning Division Policy PP 2011- 01 Temporary Uses Article 47 of the Zoning Ordinance sets forth requirements that regulate temporary uses to ensure that these uses operate in a manner that is consistent with City regulations. This policy provides detailed information that clarifies the approval process for and operation of temporary uses described in section 47.50 of the Zoning Ordinance. 1. Applicability: a. This policy applies to all temporary uses described in Section 47.50 of the Zoning Ordinance. The types of temporary uses regulated by Section 47.50 (d) include any types of uses operated in the open, out of vehicles, from carts or within structures that are not permanently affixed to the ground including, but are not limited to, seasonal sale of agricultural products; outdoor sales and display of merchandise; mobile businesses; and outdoor grills, food carts and food stands. b. Temporary uses conducted by a permanent use located on the same site and where payment for the goods or services sold by the temporary uses are made within the structure housing the permanent use on the site are exempt from Sections 2, 3 and 7 of this policy. c. This policy does not apply to the following types of temporary uses: Uses described in Sections 47.20, 47.30 or 47.40 of the Ordinance Temporary automobile sales, as described in Section 19.13 (a) of the Ordinance Uses such as block parties, private parties, concerts, carnivals and similar activities. These activities are considered to be special events and subject to approval of a Special Event Permit. Mobile medical offices that have received approval of a “Mobile Medical Office” permit and that are regulated by California Health and Safety Code sections 1765.101 to 1765.175. However, establishment of such uses requires approval of a Mobile Medical Office Permit by the Planning Division. 10.A.b Packet Pg. 521 Attachment: Temporary Use Policy 30.47 [Revision 2] (2019-151 : Temporary Use Permit Discussion) Temporary Use Policy 2 2. Approval of Temporary Uses: No temporary use shall be established without first receiving approval for the use by the Planning Division pursuant to this policy and Section 47.50 of the Zoning Ordinance. Applications for temporary uses shall be filed at least 30 days prior to commencement of the proposed temporary uses. 3. Location of Temporary Uses: a. Temporary Uses shall only be allowed to operate on private property in locations authorized by Section 47 of the Zoning Ordinance and as may be further restricted by the listing of allowable locations for Temporary Uses in the Use Tables for each zoning district. b. In addition to subsection (a) above, the following locational limitations apply pursuant to Chapter 16A, Article II of the Municipal Cod e: i. Retail sales, including seasonal sales of agricultural products, are only allowed within the CM District and within the HC District. Further, in the HC District, retail sales are only allowed in instances where retail sales have been approved as part of the permanent use of the site. ii. Service uses are only allowed within the CM District iii. Sale of prepared foods is allowed in the CI District and in all commercial districts except the PO District. In addition, these uses are subject to the limitations of Section 8 of this policy. iv. Uses included under Section 47.50 (a), (b) and (c) are excluded from these additional locational limitations. 4. Siting of Temporary Uses: Temporary uses shall be located on sites so that they do not obstruct drive aisles or required parking or create other hazards. In addition, such uses may not block required pedestrian access as determined by the Chief Building Official. Additional parking for the temporary use may be required, if determined to be necessary by the Planning Manager. Other than open-air sale of Christmas trees, pumpkin patches and fireworks stands, all temporary uses shall only be allowed on paved surfaces of improved sites with existing permanent uses. 5. Number of Temporary Uses per Site: Only one temporary use may operate on a site at any one time. 6. Hours of Operation: Temporary uses described in Section 47.50 may only operate during the hours of operation of the primary use on the site. Open -air sale of Christmas trees, pumpkin patches and fireworks stands on undeveloped sites may operate between the hours of 8 a.m. and 8 p.m. 7. Time Limit: Temporary uses described in Section 47.50 shall be permitted for up to thirty (30) consecutive days per calendar year. Only four temporary uses per calendar year may be permitted on a site. A minimum of 30 days shall pass between the termination of one temporary use on a site and the commencement 10.A.b Packet Pg. 522 Attachment: Temporary Use Policy 30.47 [Revision 2] (2019-151 : Temporary Use Permit Discussion) Temporary Use Policy 3 of another temporary use on the same site. A site shall be defined as the area contained within a single assessor’s parcel number. 8. Additional Regulation of Outdoor Grills, Food Carts and Food Stands: Permanent restroom facilities must be available on the same site and be available for use by customers during all hours that the outdoor grill, food cart or food stand is open. Further, written permission from the owner of the restrooms must be provided indicating that the restrooms will be available for use by the operator and customers of the outdoor grill, food cart or food stand. Such permission shall be produced and shown on the demand of any police officer or official of the city. Provision of tables and/or chairs for the customers of grills, food carts and food stands is not allowed. 9. Debris and Refuse: Debris and refuse shall be contained in garbage bins or other acceptable garbage container throughout the operation of the temporary use. All debris and refuse shall be removed from the site as needed to maintain the premises in a neat and clean condition. Upon cessation of the temporary use, the premises shall be restored to their prior condition. 10. Signage: All signage for temporary uses shall comply with the provisions of Zoning Ordinance Section 37. 11. Additional Regulations: Temporary uses may be subject to additional regulations by other departments of the City or by other regulatory agencies. Operators of temporary uses are highly encouraged to meet with City staff to discuss these regulations prior to filing an application. Call 408-846-0451 to schedule a Development Review Group meeting to discuss a proposed use. Adopted by Planning Division: September 1, 2011 Modified by the Planning Division: July 31, 2012 10.A.b Packet Pg. 523 Attachment: Temporary Use Policy 30.47 [Revision 2] (2019-151 : Temporary Use Permit Discussion) City of Gilroy STAFF REPORT Agenda Item Title: A Resolution of the Board of Directors of the Gilroy Public Facilities Financing Authority Establishing Regular Meetings Meeting Date: October 7, 2019 From: Gabriel Gonzalez, City Administrator Department: Finance Department Submitted By: Jimmy Forbis Prepared By: Jimmy Forbis Strategic Plan Goals ☐ Fiscal Stability ☐ Downtown Revitalization ☐ Economic Development ☐ Neighborhood Services ☐ Enhanced Public Safety ☐ Workforce Stability ☐ Public Engagement RECOMMENDATION Adopt a Resolution of the Board of Directors of the Gilroy Public Facilities Financing Authority establishing that meetings of the Gilroy Public Financing Authority are to be held concurrently with the regular meetings of the Gilroy City Council. BACKGROUND The Gilroy Public Facilities Financing Authority (Authority) issued $24.5 million in lease revenue bonds in 2010 and an additional $23.1 million in bonds in 2013 for projects including the Police Facility, Sunrise Fire Station, Corporation Yard, and Sports Parks improvements. ANALYSIS 11.A Packet Pg. 524 At a future Authority meeting, staff will recommend that the Authority approve refunding the 2010 and 2013 bonds in order to realize significant interest savings ultimately benefiting the General Fund. Staff has been advised by Bond Counsel that in order to submit a bond refunding recommendation to the Authority it must be made a regularly scheduled Authority meeting. Bond Counsel further noted, that the Authority should, b y resolution, set its regular meetings to be held currently with Gilroy City Council meetings. Adopting the resolution simply sets the date and time of regular Authority meetings. Should the Authority approve the resolution, staff will return at a future Authority meeting with a recommendation to refund the 2010 and 2013 bonds. ALTERNATIVES None recommended. FISCAL IMPACT/FUNDING SOURCE None at this time. Attachments: 1. Authority Resolution - Regular Meeting Dates 11.A Packet Pg. 525 RESOLUTION NO. PFFA 2019-XX RESOLUTION NO. PFFA 2019-XX A RESOLUTION OF THE BOARD OF DIRECTORS OF THE GILROY PUBLIC FACILITIES FINANCING AUTHORITY ESTABLISHING REGULAR MEETING DATES OF THE AUTHORITY WHEREAS, the Gilroy Public Facilities Financing Authority (the “Authority”) was established for the purpose, among others, of providing for the financing and refinancing of public capital improvements for the City of Gilroy (the “City”); and WHEREAS, Government Code Section 6592.1 provides that the Authority may adopt a resolution authorizing bonds or any issuance of bonds or accepting the benefit of any bonds or the proceeds of bonds only during a regular meeting of the Authority held pursuant to Government Code Section 54954; and WHEREAS, the Authority desires to establish regular meeting dates t in accordance with the provisions of Government Code Section 54954. NOW, THEREFORE, the Board of Directors of the Authority does hereby resolve as follows: SECTION 1. Each of the foregoing recitals is true and correct. SECTION 2. Notwithstanding any provision to the contrary in the joint powers agreement establishing the Authority, any bylaws of the Authority or in any prior resolutions or actions of the Board of Directors of the Authority, from the date hereof, the regular meetings of the Authority shall be held on the same days as the regular meetings of the City Council of the City and may be held as a joint meeting with the City Council of the City. SECTION 3. If the regular meeting dates and times of the City Council of the City are changed, then the regular meeting dates and times for the Board of Directors of the Authority shall be changed to be the same date and time as the regular City Council meetings, without further action by the Authority Board of Directors. SECTION 4. In the event that the Secretary determines that there is no business of the Authority to be conducted at a regular meeting, then the Chair and officers of the Authority are authorized to take whatever actions are required by law to cancel such regularly scheduled meetings. SECTION 5. The Chair, Vice-Chair, Executive Director, Treasurer, Secretary and other officers of the Authority are authorized and directed, jointly and severally, to do any and all things which they may deem necessary or advisable in order to effectuate the purposes of this Resolution, and such actions previously taken by such officers are hereby ratified and confirmed. 11.A.A Packet Pg. 526 Attachment: Authority Resolution - Regular Meeting Dates [Revision 3] (2019-152 : Gilroy Public Facilities Financing Authority Meeting RESOLUTION NO. PFFA 2019-XX SECTION 4. This Resolution shall take effect immediately upon adoption. PASSED and ADOPTED this 7th day of October, 2019 by the following roll call vote: AYES: BOARDMEMBERS: NOES: BOARDMEMBERS: ABSENT: BOARDMEMBERS: APPROVED ___________________________ Roland Velasco, Chair ATTEST: Shawna Freels, Board Secretary 11.A.A Packet Pg. 527 Attachment: Authority Resolution - Regular Meeting Dates [Revision 3] (2019-152 : Gilroy Public Facilities Financing Authority Meeting City of Gilroy STAFF REPORT Agenda Item Title: Update on Community Engagement Activities and Progress on Second Community-Wide Poll for a Potential Future Revenue Measure Meeting Date: October 7, 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 Receive report. EXECUTIVE SUMMARY The City of Gilroy is in the midst of a persistent operational capacity deficit, where demands for services out-strip available staff capacity and resources. This was brought on by the Great Recession when the City lost a substantial portion of revenues. The City still faces a revenue problem. Over the past three years the City of Gilroy City Council has studied and monitored the operational capacity deficit and all possible solutions to the problem, including cuts to expenses and a possible sales tax. 12.A Packet Pg. 528 More recently in April of 2019 the City Council directed staff to conduct community-wide polling. The polling results showed broad support for a potential sales tax measure with potential weaknesses in support. In June of 2019, given the results of the poll, Council directed staff to begin a community engagement effort with the purpose of stimulating rigorous thinking about solutions to address existing police and fire resource needs. The City Council desired to hear more from the citizens before deciding on a possible sales tax measure, including resident’s priorities of police and fire services. City staff has been engaged in such an effort over the past few months. This report reviews previous financial discussion and highlights current community engagement activities and progress made in listening to residents. According to the community engagement project timeline, it is now time for City staff to begin initiating a second round of polling to track change in resident sentiment since the first poll. POLICY DISCUSSION Last year, Council directed staff to initiate the process to place a special police and fire sales tax on the November 2018 Ballot. Because of several logistical factors, Council chose to delay that initiative until a later date. During the FY20 and FY21 biannual budget preparation process, Council directed staff to relaunch the initiative. This item is falls into the context of much larger, and previously discussed, policy questions: Given the persistent operational capacity deficit, what measure should the City adopt to ensure the City’s long-term financial sustainability along with high-quality police and fire services? Should the City continue the process of conducting community-wide polling to measure community support for a public safety special sales tax revenue measure? Should the City initiate the process to place a special sales tax measure on the ballot to maintain essential police and fire services? This project is related to the 2020-2021 Strategic Plan objective #2 Enhance Public Safety Capabilities under sub-objective #2.1bEnsure adequate funding for appropriate levels of staffing for law enforcement and fire department personnel — Consider long- term funding options to support public safety. This project is also related to the 2020-2021 Strategic Plan objective #6 Provide Opportunities for Meaningful Public Engagement under sub-objectives #6.4 and #6.5: Conduct a Community Survey to identify residents’ priorities and Conduct a series of Community Forums to explore key community issues, respectively. BACKGROUND 12.A Packet Pg. 529 Community Engagement Effort Update In order to continue the momentum of previous council discussion and decisions to pursue a police and fire revenue measure, in the June 3, 2019 Council Meeting staff presented a timeline for conducting community engagement and proposing a measure. Since that time, the City has been conducting a community engagement effort to help stimulate rigorous thinking about solutions to address existing police and fire resource needs. Phase 1: Feasibility – Strategic Services Supporting a Public Opinion Poll This phase can be summarized as simply due diligence and assessment. Most of this work was done with little fanfare. Staff worked with consultants to analyze the poll results from a strategic communications perspective to learn more about the best approaches for local community engagement. At this time staff also looked at the electoral profile. In this phase the City began an effort of early listening by reaching out to well-known members of the community and asking for their candid thoughts and feedback. Phase 2: Public Engagement, Education, and Mailer-Survey A large portion of this effort involved distributing a two-way mailer to Gilroy households asking for community input. The mailer was intentionally designed to specifically solicit feedback from the community. The mailer begins with a letter from the Mayor and key signatories explaining the existing need for police and fire resources. It then proceeds to engage the reader in a poll for how they would prioritize services. Finally, it asks for their open comments on the matter. The mailer did not ask for their ‘Yes’ or ‘No’ opinion on a sales tax measure because that is the roll of a poll. The community-wide poll is more effective in analyzing responses on that matter. The next step in the process after the mailer will be to conduct a second tracking poll to gauge voter sentiment. Residents began receiving the mailer on the weekend of the 21st and 22nd. The City is still collecting responses. The survey closes on October 11, 2019. As of September 30, 2019 the City has received 260 online responses with through YourVoice and 170 responses by mail. The City has accepted well over 200 written comments on this subject. While City staff is waiting for the end of the survey period to conduct a thorough qualitative sentiment analysis, the following are the predominate reoccurring questions at this time: Q: Will this be going to pensions? Q: How can we make sure this won’t go to anything but Police and Fire? Q: Why can’t the City cut expenses? Q: What has the City been doing with all the money from new development? 12.A Packet Pg. 530 Q: If our City is growing, why isn’t our sales tax? While there is a mix of positive and negative responses, it is generally well known that digital message boards, like those found in social media, skew towards the negative side. We also know from the recent polling effort there is a significant level of support among likely voters in Gilroy. Therefore, in accordance with the community engagement project timeline and previous direction from Council, it is important for City staff to begin initiating a second round of polling to track change in resident sentiment since the first poll. If a consensus solution is clear, the last portion of phase two includes finalizing reports and providing a final recommendation to Council as to whether or not to proceed with placing a revenue measure on the March 2020 ballot. This is anticipated for late November. Timeline Referencing the timeline presented at the June 3rd meeting, and here-below, the City has reached the end of the first round of early listening and is ready to initiate the second tracking poll. Mar-May: Conduct public opinion Poll #1. EMC prepare/conduct. Analyze and share results. o April: City Council Ad-Hoc Committee activated to guide process. o May 20, 2019 Report to Council: Poll Results to Council June – Dec: Early Listening, Public Engagement, and Planning o June – Sep: Early Listening and Engagement Round 1 City Due Diligence: Review financial needs. Finance/Legal confirm timeline City Clerk’s Office: dates and requirements for submitting measure documents for the ballot. City Council Engagement: Engage City Council in key components. Stakeholder Engagement. Planning: Assess who needs attention. Listening on continuous improvement path. Stakeholder and opinion leader work – “Strategic Conversations” across Gilroy. City Council AdHoc advisory group on revenue seeds and solutions. Summer Mailer #1: City of Gilroy story of need, ask for community input (2-way mailer). 12.A Packet Pg. 531 September Report to City Council: Findings – Presentation to the City Council. September - OPTIONAL Conduct Public Opinion Tracking Poll #2. EMC prepare/conduct. Analyze and share results. City Council AdHoc Committee continues to guide process. o October 2019: Increasing Public Information and Preparation for March Ballot. Stakeholder & opinion leader Round 2 conversations Stakeholder Engagement: Informed messaging/story of need and City of Gilroy’s Plan with opinion leaders and stakeholders. Continued advisory group on revenue needs & consensus solution. October Mailer #2. Late Oct. Core ballot measure package defined o Early Nov. City Council Workshop o Late Nov. City Council Action o Early Dec. Final measure documents preparation o Dec. 4, 2019: Last day to adopt a resolution calling for a measure election o Dec. 8, 2019: Deadline for submitting arguments in favor of and against the measure o Dec.15, 2019: Deadline for submitting rebuttal arguments and City Attorney’s impartial analysis Dec. 4 – Mar 3, 2020 Private Advocacy Campaign period Feb. 3, 2020 - Vote by Mail ballots begin being mailed out March 3, 2020 Election Day 2019 Community-Wide Polling Effort During the Council Meeting on April 1, 2019 the City Council gave direction to staff to re-engage EMC Research to conduct community-wide polling. By polling the community, the City purposed to have a better sense of the community as a whole regarding their level of support for a police and fire revenue measure. Let the reader note that a vote to initiate the process to put a revenue measure on the ballot should be confused with approval of the measure. It is initiating the process to have direct democracy of the voters to decide against competing values: the desire to 12.A Packet Pg. 532 keep taxes low or enhance service delivery inputs to keep pace, or possibly exceed, service demand increases tied to population growth. On May 20, 2019, EMC Research provided the Council with a presentation and report of an extensive statistical analysis of the data gathered from the polling surveys. EMC Research conducted a live telephone and email-to-web survey of likely March 2020 voters in the City of Gilroy between April 22-30, 2019. Of their survey, 407 total interviews were completed with an overall margin of +/-4.7%. The survey was offered in both English and Spanish to reach the desired representative sample audience. The survey found: Respondents are happy living in Gilroy and rate their quality of life positively. However, there is concern about population growth and what the City is doing to ensure that infrastructure needs are met. Public safety services are top priorities to voters and preserving rapid 911 emergency response times and emergency medical services are especially important. Support for a potential special sales tax measure, in April, was close to, but short of the required two-thirds threshold. Additional information provided to survey respondents helped; however, the measure shows some vulnerability to potential opposition. In short, the poll showed that there is significant interest from the community in maintain public safety and police and fire department services, particularly in light of their expressed concerns around infrastructure keeping up with population growth. While it is not quite at the required two-thirds support, with the right environment and effort, a successful sales tax measure for police and fire services may be feasible in 2020. The results indicated that a measure could be a real opportunity for the City to address voter priorities and concerns. However, broader community engagement efforts were advised to help inform a potential measure. NEXT STEPS The City will continue following the community engagement effort timeline. The next step is to poll the community again. The purpose of this poll will be to provide statistically valid data regarding (a) Gilroy voters’ willingness to support a possible revenue measure to maintain essential police and fire services and (b) to measure any shifts in support levels or opinions after recent community engagement and outreach efforts. A hybrid email-to-web and live telephone survey among 400 likely March 2020 vot ers will be conducted; live telephone interviews will include both landlines and cell phones and the survey will be offered in both English and Spanish languages. For this follow-up 12.A Packet Pg. 533 survey, staff anticipates a questionnaire length of 10 minutes. Results from the poll are anticipated to be available in November with a presentation to Council on November 18, 2019. By polling the community, the City will have a better sense of the community as a whole regarding their level of support for a measure. The process to put a revenue measure on the ballot is not indicative of approval of the measure. It is initiating the process to have direct democracy of the voters to decide against competing values: the desire to keep taxes low or enhance service delivery inputs t o keep pace, or possibly exceed, service demand increases tied to population growth. 12.A Packet Pg. 534