HomeMy WebLinkAbout01/08/2018 City Council - Regular Meeting Agenda Packet
January 5, 2018 1:56 PM City Council Regular Meeting Agenda Page1 MAYOR
Roland Velasco
COUNCIL MEMBERS
Dion Bracco
Daniel Harney
Peter Leroe-Muñoz
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, JANUARY 8, 2018
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 lan ds on the first day
of the month not a holiday, Friday, Saturday or Sunday.
KNOW YOUR RIGHTS UNDER THE GILROY OPEN GOVERNMENT ORDINANCE
MEETING CONVENED IN REMEMBRANCE OF HONORABLE
COUNCIL MEMBER PAUL KLOECKER
City Council Regular Meeting Agenda
01/8/2018 Page2 Government's duty is to serve the public, reaching its decisions in full view of the public.
Commissions, task forces, councils and other agencies of the City exist to conduct the
people's business. This ordinance assures that deliberations are conducted before the
people and that City operations are open to the people's review.
FOR MORE INFORMATION ON YOUR RIGHTS UNDER THE OPEN
GOVERNMENT ORDINANCE, TO RECEIVE A FREE COPY OF THE ORDINANCE
OR TO REPORT A VIOLATION OF THE ORDINANCE, CONTACT THE OPEN
GOVERNMENT COMMISSION STAFF AT (408) 846-0204 or
shawna.freels@cityofgilroy.org.
I. OPENING
A. Call to Order
1. Moment of Silence in Memory of Honorable Council Member Paul
Kloecker
2. Pledge of Allegiance
3. Invocation
4. City Clerk's Report on Posting the Agenda
5. Roll Call
B. Orders of the Day
C. Employee Introductions
II. CEREMONIAL ITEMS
A. Proclamations, Awards, and Presentations
1. Proclamation Recognizing Joe Kline for His Service to the City of Gilroy
2. Proclamation Recognizing David Stubchaer for His Service to the City of
Gilroy
3. Proclamation Recognizing Chris Rogers for His Service to the City of
Gilroy
4. Proclamation Recognizing CH2M for Donating to the Recreation Youth
Scholarship Program
INTERVIEWS
Interviews for One Open Seat on the Youth Commission
IV. PRESENTATIONS TO THE COUNCIL
A. 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. Presentation of 2017 City Accomplishments
B. Personnel Commission Annual Presentation
City Council Regular Meeting Agenda
01/8/2018 Page3 V. REPORTS OF COUNCIL MEMBERS
Mayor Pro Tempore Bracco –Santa Clara Co. Library JPA, SCRWA Board, Street
Naming Committee, South County Youth Task Force Policy Team, URM Task Force
Council Member Tucker – Caltrain Citizen's Advisory Committee, Gilroy Welcome
Center, General Plan Advisory Committee, Santa Clara Valley Habitat Agency
Governing and Implementation Boards
Council Member Harney – Gilroy Gardens Board, Santa Clara Co. Expressway Plan
Advisory Board, Santa Clara Valley Habitat Agency Governing and Implementation
Boards, Santa Clara Valley Clean Energy Authority, South County Joint Planning
Advisory Committee VTA Board (Alternate, VTA Policy Advisory Committee
Council Member Tovar – Gilroy Downtown Business Association, Gilroy Sister Cities
Association, SCRWA Board, Street Naming Committee, VTA Committee for Transit
Accessibility
Council Member Leroe-Muñoz - ABAG, Economic Development Corporation Board,
Cities Association of Santa Clara Co. Board, HSR Station Area Planning Advisory
Committee & HSR Sub-Committee, Santa Clara Valley Water Dist. Water Comm.,
Valley Regional Interoperability Authority (SVRIA)
Mayor Velasco – Economic Development Corporation Board, General Plan Advisory
Committee, VTA South County City Group, URM Task Force
VI. FUTURE COUNCIL INITIATED AGENDA ITEMS
VII. CONSENT CALENDAR (ROLL CALL VOTE)
All matters listed under the Consent Calendar are considered by the City Council to be routine
and will be enacted by one motion. There will be no separate discussion of these items unless a
request is made by a member of the City Council or a member of the public. Any person desiring
to speak on any item on the consent calendar should ask to have that item removed from the
consent calendar prior to the time the Council votes to approve. If removed, the item will be
discussed in the order in which it appears.
A. Minutes of the December 4, 2017 Regular Meeting
B. Adoption of an Ordinance of the City Council of the City of Gilroy Adding
Section 24.44(b)(5) to Article III of Chapter 24 of the Gilroy City Code
Pertaining to the Reauthorization of the Public, Educational, and
Government Access Channel Support (Introduced 12/4/17 with a 6 -0-1 vote
Council Member Kloecker absent)
C. Resolution of the City Council of the City of Gilroy Supporting Tourism in
the Hecker Pass Corridor
VIII. BIDS AND PROPOSALS
A. Amendment to Agreement with Arrow Sign Company for Wayfinding Signs
City Council Regular Meeting Agenda
01/8/2018 Page4 1. Staff Report: Girum Awoke, Public Works Director
2. Public Comment
3. Possible Action:
Approve a one year contract extension with Arrow Sign Company in the amount
of $114,218.00.
B. Approval of Five Year City-Wide Parks and Landscape Maintenance
Contract
1. Staff Report: Girum Awoke, Public Works Director
2. Public Comment
3. Possible Action:
Award a contract for City-Wide Parks & Landscape Maintenance Services,
Project No. 17-RFP-PW -397, and authorize the City Administrator to execute a
five-year contract in the annual amount of $935,007 with Jensen Landscape.
C. Approval of Five Year Community Facilities District (CFD) Parks and
Landscape Maintenance Contract
1. Staff Report: Girum Awoke, Public Works Director
2. Public Comment
3. Possible Action:
Award a contract for Community Facilities District Parks & Landscape
Maintenance Services, Project No. 17-RFP-PW-398, and authorize the City
Administrator to execute a five-year contract in the annual amount of $262,477
with Alpine Landscapes of Gilroy.
IX. PUBLIC HEARINGS - NONE
X. UNFINISHED BUSINESS
A. Adoption of an Ordinance of the City Council of the City of Gilroy to Add to
the Gilroy City Code Chapter 30, Article 54 Pertaining to the Ministerial
Approval of Accessory Dwelling Units and Amending the Gilroy City Code,
Chapter 30, Sections 30.2.20, 30.4.10, 30.4.20, 30.5.40, 30.11.10, 30.31.21,
30.39.10, and 30.39.30 (introduced 11/20/17 with a 4-3 vote; Council
Members Tovar, Leroe-Munoz and Tucker voting no)
1. Staff Report: Kristi Abrams, Community Development Director
2. Public Comment
3. Possible Action:
Motion to adopt an Ordinance of the City Council of the City of Gilroy to Add to
the Gilroy City Code Chapter 30, Article 54 Pertaining to the Ministerial Approval
of Accessory Dwelling Units and Amending the Gilroy City Code, Chapter 30,
Sections 30.2.20, 30.4.10, 30.4.20, 30.5.40, 30.11.10, 30.31.21, 30.39.10, and
30.39.30.
B. Appointment of Members to Boards, Commissions and Committees with
Member Terms Expired or Vacant as of 12/31/2017
City Council Regular Meeting Agenda
01/8/2018 Page5 1. Staff Report: Shawna Freels, City Clerk
2. Public Comment
3. Possible Action:
Appointment of Members to the Bicycle Pedestrian Commission, Building Board
of Appeals, Parks and Recreation Commission, Personnel Commission,
Physically Challenged Board of Appeals and Planning Commission.
XI. INTRODUCTION OF NEW BUSINESS
A. Declaration of a Vacancy on the City Council and Consideration of Filling
Said Vacancy Until a Successor is Elected at the Next General Municipal
Election of November 6, 2018
1. Staff Report: Shawna Freels, City Clerk
2. Public Comment
3. Possible Action:
Adoption of a Resolution of the City Council of the City of Gilroy Declaring a
Vacancy in the Office of City Council; and
a) Direct staff to post a notice of intention to fill a vacancy on the Gilroy City Council
and advertise for applications to fill the vacancy for appointment on February 5,
2018; or,
b) Motion to appoint a member to fill the vacancy until a successor is elected at the
next general municipal election of November 6, 2018
B. Consideration of a Recommendation from the Open Government
Commission to Amend Gilroy City Code Section 17A.24.3.b Related to the
Disclosure of Bid Records
1. Staff Report: Shawna Freels, City Clerk
2. Public Comment
3. Possible Action:
a) Motion to read the ordinance by title only and waive further reading; and,
b) Motion to introduce an ordinance of the City Council of the City of Gilroy
amending Gilroy City Code Section 17A.24.3.b related to the disclosure of B id
Records.
XII. CITY ADMINISTRATOR'S REPORTS
XIII. CITY ATTORNEY'S REPORTS
ADJOURNMENT
MEETING DATES
JANUARY, 2018
8* Regular Meeting - 6:00 p.m., City Council Chambers
9* Special Meeting/Study Session - 6:00 p.m., City Council Chambers
22* Regular Meeting - 6:00 p.m., City Council Chambers
FEBRUARY, 2018
5* Regular Meeting - 6:00 p.m., City Council Chambers
9* Strategic Planning Session - 1:30 p.m., City Council Chambers
City Council Regular Meeting Agenda
01/8/2018 Page6 10* Strategic Planning Session - 9:00 a.m., City Council Chambers
26* Regular Meeting - 6:00 p.m., City Council Chambers
MARCH, 2018
5* Regular Meeting - 6:00 p.m., City Council Chambers
19* Regular Meeting - 6:00 p.m., City Council Chambers
* meeting is webstreamed and televised
Proclamation of the City of Gilroy
WHEREAS, CH2M provides the City of Gilroy with management services of
our wastewater treatment plant “South County Regional Wastewater Authority” which
services both Gilroy and Morgan Hill; and
WHEREAS, one of the company’s goals is to encourage their employees to be
involved in the community they serve; and
WHEREAS, the Gilroy Recreation Youth Scholarship Fund is subsidized by
generous grants and donations from individuals, local service clubs, corporations and
businesses; and
WHEREAS, CH2M employees held their first fundraising golf tournament in
October, 2017 to help ensure funding was available for recreational activities for children
of local Gilroy families; and
WHEREAS, CH2M employees’ donated $1,604 from their October fundraiser
to the Youth Recreation Scholarship Fund, which assists financially disadvantaged youth
by allowing them to participate in recreational opportunities, leading to an active and
healthy lifestyle; and
NOW, THEREFORE, I, Roland Velasco, Mayor of the City of Gilroy, on
behalf of the entire City Council, do hereby wish to recognize
CH2M
for their involvement in financially supporting the Gilroy community through our Youth
Scholarship Fund.
_____________________
Mayor Roland Velasco
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Youth Commission applicants
Name Grade Age Incumbent
(Y/N)
Areana Correa 11 16 N
Andrew Dinh 11 16 N
Brodie C. Donohue 8 13 N
Gavin Jampani 11 16 N
Ciara Mullen 11 16 N
Ethan Pace 9 14 N
Frida Arias Rivera 12 17 N
Vikash Sabharwal 9 14 N
Cesar Ty Torrico 10 15 N
Jane Tovar 10 15 N
Kathryn Ann Weber 11 16 N
Gabriel H Weisbrich 8 13 N
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City Council Meeting Minutes
12/4/17
City of Gilroy
City Council Meeting Minutes
December 4, 2017
I. OPENING
A. Call to Order
Mayor Velasco called the meeting to order at 6:01 p.m.
1. Pledge of Allegiance was led by Council Member Harney.
The Invocation was given by Pastor Greg Quirke of South Valley Community
Church.
City Clerk Shawna Freels announced that the agenda had been posted on
November 29, 2017 at 5:00 p.m.
Roll Call
Present: Mayor Pro Tempore Dion Bracco; Council Member Daniel Harney;
Council Member Peter Leroe-Muñoz; Council Member Fred Tovar; Council
Member Cat Tucker; Mayor Roland Velasco
Absent/Excused: Council Member Paul Kloecker
B. Orders of the Day
Mayor Velasco announced that Council Member Leroe-Muñoz was participating
in the meeting remotely by phone.
C. Employee Introductions
There were none.
II. CEREMONIAL ITEMS
A. Proclamations, Awards, and Presentations
III. PRESENTATIONS TO THE COUNCIL
B. PUBLIC COMMENT BY MEMBERS OF THE PUBLIC ON ITEMS NOT ON
THE AGENDA BUT WITHIN THE SUBJECT MATTER JURISDICTION OF THE
CITY COUNCIL
Jane Howard of the Gilroy Welcome Center shared a recent article on Gilroy in
the National Park Journal and detailed advertising that would take place in Times
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Square in New York the week before Christmas.
A. Presentation by the Bicycle Pedestrian Commission on Downtown Bike
Racks and Proposed Changes to the Commission Roles and
Responsibilities
The presentation was given by Bicycle Pedestrian Commission Chair Hilton.
Public comment was opened.
Gary Walton was called to speak describing the support of the Downtown
Business Association for bike racks in the downtown.
Public comment was closed.
B. PUBLIC COMMENT BY MEMBERS OF THE PUBLIC ON ITEMS NOT ON
THE AGENDA BUT WITHIN THE SUBJECT MATTER JURISDICTION OF
THE CITY COUNCIL
IV. REPORTS OF COUNCIL MEMBERS
Mayor Pro Tempore Bracco congratulated the two high schools for winning the
football titles in each of their divisions explaining that he would
Council Member Tucker asked that the City Council consider presenting
proclamations to the two high school football teams.
Council Member Harney spoke on the Gilroy Gardens Board meeting and holiday
lights kickoff event at the Gardens and spoke on the success of their harvest
festival. He then spoke on the VTA fair increase.
Mayor Velasco spoke on the two Gilroy football team wins and plans for a parade
for their accomplishments. He then thanked the Downtown Business Association
for their successful event.
V. FUTURE COUNCIL INITIATED AGENDA ITEMS
VI. CONSENT CALENDAR
A. Minutes of the November 20, 2017 Regular Meeting
B. Opening of a Recruitment Period for One Vacancy on the Youth
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Commission
C. Adoption of Ordinance 2017-07 of the City Council of the City of Gilroy
Amending Chapter 30, Section 30.2.20, Entitled "Definitions," Chapter
30, Section 30.45.30, Entitled "Legislative Findings and Statement of
Purpose-Prohibition of Marijuana Cultivation, Processing, Delivery and
Dispensary Uses", and Chapter 30, Section 30.45.40, Entitled "Prohibited
Activities" and Adding Chapter 30, Section 30.45.45, Entitled "Indoor
Cultivation for Personal Use" of the Gilroy City Code (introduced 11/20/17
with a 7-0 vote)
D. SB 165 Special Tax Accountability Report for Community Facilities
District 2000-1 (Series 2002 and 2006 Bonds)
E. Claim of Mason Aaron (The City Administrator recommends a "yes" vote
under the Consent Calendar shall constitute the denial of the claim)
F. Claim of Maria Montes (The City Administrator recommends a "yes" vote
under the Consent Calendar shall constitute the denial of the claim)
G. Claim of Carol Blomquist (The City Administrator recommends a "yes"
vote under the Consent Calendar shall constitute the denial of the claim)
H. Amendment to the City Purchasing Policy Authorizing the Use of
National Joint Purchasing Alliance (NJPA) as a Purchasing Option
I. Approval to Extend Construction Management Consultant Pre-Approved
List for an Additional Year Through August 3, 2018
V. FUTURE COUNCIL INITIATED AGENDA ITEMS
Mayor Velasco asked the Council to consider having the Planning Commission
select one of their members to sit on the Downtown Business Association, after
the Council appointments in January.
The Council agreed to consider the recommendation.
Motion on Consent Calendar
Motion: Items, A, B, C, D, E, F, G, H and I
Moved by Mayor Pro Tempore Dion Bracco, seconded by Council Member
Cat Tucker.
Vote: Motion carried 6-0-1.
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Yes: Mayor Pro Tempore Dion Bracco; Council Member Daniel
Harney; Council Member Peter Leroe-Muñoz; Council Member Fred
Tovar; Council Member Cat Tucker; Mayor Roland Velasco
Absent: Council Member Paul Kloecker
VII. BIDS AND PROPOSALS
A. Extension of City-Wide Landscaping Contract with BrightView
Landscapes, LLC
The staff report was presented by Public Works Director Awoke.
There were no public comments.
Motion on Item VII.A.
Motion: Approve a three month extension with BrightView Landscapes, LLC
for city-wide landscape services and Authorize the City Administrator to
execute the contract amendment.
Moved by Council Member Cat Tucker, seconded by Council Member Fred
Tovar.
Vote: Motion carried 6-0-1.
Yes: Mayor Pro Tempore Dion Bracco; Council Member Daniel
Harney; Council Member Peter Leroe-Muñoz; Council Member Fred
Tovar; Council Member Cat Tucker; Mayor Roland Velasco
Absent: Council Member Paul Kloecker
B. Ronan Channel Trail Project No. 15-PW-228 (West Branch Llagas Creek
Trail) Construction Bid Award
The staff report was presented by Operations Manager Stubchaer.
There were no public comments.
Motion on Item VIII.B.
Motion: Approve the reallocation of $888,849 of existing local matching
funds to the Ronan Channel Trail Project No. 15-PW-228 from various grant
funded trail projects that were not awarded grants Authorize the City
Administrator to execute a contract with Graniterock in the amount of
$1,814,859.42 for the construction of the Ronan Channel Trail Project No.
15-PW-228 with a project contingency budget of 10% ($181,486), and
authorize the City Administrator to execute the contract and any related
change orders up to and including the contingency amount.
Moved by Council Member Cat Tucker, seconded by Council Member Fred
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Tovar.
Vote: Motion carried 6-0-1.
Yes: Mayor Pro Tempore Dion Bracco; Council Member Daniel
Harney; Council Member Peter Leroe-Muñoz; Council Member Fred
Tovar; Council Member Cat Tucker; Mayor Roland Velasco
Absent: Council Member Paul Kloecker
C. Award of Contract for Construction Management Services for Ronan
Channel Trail, Project No. 15-PW-228
The staff report was presented by Operations Manager Stubchaer.
There were no public comments.
Motion on Item VII.C.
Motion: Authorize the City Administrator to execute a contract with TRC
Solutions, Inc. (aka Caltrop) in the amount of $311.334.36 for construction
management services of the Ronan Channel Trail Project No. 15-PW-228
with a project contingency budget of 10% ($31,133), and authorize the City
Administrator to execute the contract and any related contract change
orders up to and including the contingency amount.
Moved by Mayor Pro Tempore Dion Bracco, seconded by Council Member
Fred Tovar.
Vote: Motion carried 6-0-1.
Yes: Mayor Pro Tempore Dion Bracco; Council Member Daniel
Harney; Council Member Peter Leroe-Muñoz; Council Member Fred
Tovar; Council Member Cat Tucker; Mayor Roland Velasco
Absent: Council Member Paul Kloecker
VIII. PUBLIC HEARINGS
A. Approval of the Issuance of the California Municipal Finance Authority
Multifamily Housing Revenue Bonds in an Aggregate Principal Amount
not to Exceed $25,000,000 for the Purpose of Financing or Refinancing
the Acquisition, Construction, Improvement and Equipping of Monterey
Gateway Apartments
The staff report was presented by Community Development Director Abrams.
The public hearing was opened.
Motion on Item VIII.A.
Motion: Adoption of Resolution 2017-40 of the City Council of the City of
Gilroy Approving the Issuance of the California Municipal Finance Authority
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Multifamily Housing Revenue Bonds in an Aggregate Principal Amount not
to Exceed $25,000,000 for the Purpose of Financing or Refinancing the
Acquisition, Construction, Improvement and Equipping of Monterey
Gateway Apartments and Certain Other Matters Relating Thereto.
Moved by Mayor Pro Tempore Dion Bracco, seconded by Council Member
Fred Tovar.
Vote: Motion carried 5-1-1.
Yes: Mayor Pro Tempore Dion Bracco; Council Member Peter Leroe-
Muñoz; Council Member Fred Tovar; Council Member Cat Tucker; Mayor
Roland Velasco
No: Council Member Daniel Harney
Absent: Council Member Paul Kloecker
B. Introduction of an Ordinance of the City Council of the City of Gilroy
Adopting Amendments to Article 30.35 of the Gilroy City Code Entitled
"Wireless Telecommunications, Antennas and Windmills" and Article
30.45 of the Gilroy City Code Entitled "General Regulations" Relating to
the Installation of Wireless Telecommunication Facilities
The staff report was presented by Senior Planner Ketchum.
The public hearing was opened; there being no comments it was then closed.
Motion on Item VIII.B.
Motion: to read the ordinance by title only and waive further reading; and,
Moved by Mayor Pro Tempore Dion Bracco, seconded by Council Member
Daniel Harney.
Vote: Motion carried 5-1-1.
Yes: Mayor Pro Tempore Dion Bracco; Council Member Peter Leroe-
Muñoz; Council Member Fred Tovar; Council Member Cat Tucker; Mayor
Roland Velasco
No: Council Member Daniel Harney
Absent: Council Member Paul Kloecker
City Clerk Freels read the ordinance title.
Second Motion on Item VIII.B.
Motion: to introduce an ordinance of the City Council of the City of Gilroy
adopting amendments to Article 30.35 of the Gilroy City Code Entitled
"wireless telecommunications, antennas and windmills" and Article 30.45 of
the Gilroy City Code entitled "General Regulations" relating to the
installation of wireless telecommunication facilities.
Moved by Mayor Pro Tempore Dion Bracco, seconded by Council Member
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Fred Tovar.
Vote: Motion carried 5-1-1.
Yes: Mayor Pro Tempore Dion Bracco; Council Member Peter Leroe-
Muñoz; Council Member Fred Tovar; Council Member Cat Tucker; Mayor
Roland Velasco
No: Council Member Daniel Harney
Absent: Council Member Paul Kloecker
IX. UNFINISHED BUSINESS
A. Adoption of an Ordinance of the City Council of the City of Gilroy to Add
to the Gilroy City Code Chapter 30, Article 54 Pertaining to the
Ministerial Approval of Accessory Dwelling Units and Amending the
Gilroy City Code, Chapter 30, Sections 30.2.20, 30.4.10, 30.4.20, 30.5.40,
30.11.10, 30.31.21, 30.39.10, and 30.39.30 (introduced 11/20/17 with a 4-3
vote; Council Members Tovar, Leroe-Muñoz and Tucker voting no)
The item was continued to the January 8, 2018 meeting.
X. INTRODUCTION OF NEW BUSINESS
A. Adoption of an Emergency Ordinance of the City Council of the City of
Gilroy Repealing and Amending Section 24.44 (b)(1) of Article III of
Chapter 24 of the Gilroy City Code Pertaining to the Public, Educational,
and Government Access Channel Capacity, Support, Interconnection,
and Signal Carriage and Declaring the Emergency Thereof
The item was presented by City Administrator Gonzalez.
There were no public comments.
Motion on Item X.A.
Motion: to read the ordinance by title only and waive further reading
Moved by Council Member Daniel Harney, seconded by Council Member
Cat Tucker.
Vote: Motion carried 6-0-1.
Yes: Mayor Pro Tempore Dion Bracco; Council Member Daniel
Harney; Council Member Peter Leroe-Muñoz; Council Member Fred
Tovar; Council Member Cat Tucker; Mayor Roland Velasco
Absent: Council Member Paul Kloecker
City Clerk Freels read the ordinance title.
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Second Motion on Item X.A.
Motion: adoption of Emergency Ordinance 2017-09 of the City Council of
the City of Gilroy adding Section 24.44(b)(5) to Article III of Chapter 24 of the
Gilroy City Code pertaining to the reauthorization of the public, educational,
and government access channel support and declaring the emergency
thereof.
Moved by Mayor Pro Tempore Dion Bracco, seconded by Council Member
Daniel Harney.
Vote: Motion carried 6-0-1.
Yes: Mayor Pro Tempore Dion Bracco; Council Member Daniel
Harney; Council Member Peter Leroe-Muñoz; Council Member Fred
Tovar; Council Member Cat Tucker; Mayor Roland Velasco
Absent: Council Member Paul Kloecker
B. Introduction of an Ordinance of the City Council of the City of Gilroy
Adding Section 24.44(b)(5) to Article III of Chapter 24 of the Gilroy City
Code Pertaining to the Reauthorization of the Public, Educational, and
Government Access Channel Support
Public comment was opened; there being no comments it was then closed.
Motion on Item X.B.
Motion: to read the ordinance by title only, and waive further reading; and,
Moved by Council Member Cat Tucker, seconded by Mayor Pro Tempore
Dion Bracco.
Vote: Motion carried 5-0.
Yes: Mayor Pro Tempore Dion Bracco; Council Member Daniel
Harney; Council Member Fred Tovar; Council Member Cat Tucker; Mayor
Roland Velasco
Absent: Council Member Paul Kloecker; Council Member Peter Leroe-
Muñoz
City Clerk Freels read the ordinance title.
Second Motion on Item X.B.
Motion: introduction of an Ordinance of the City Council of the City of
Gilroy Adding Section 24.44(b)(5) to Article III of Chapter 24 of the Gilroy
City Code Pertaining to the Reauthorization of the Public, Educational, and
Government Access Channel Support.
Moved by Mayor Pro Tempore Dion Bracco, seconded by Council Member
Daniel Harney.
Vote: Motion carried 6-0-1.
Yes: Mayor Pro Tempore Dion Bracco; Council Member Daniel
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Harney; Council Member Peter Leroe-Muñoz; Council Member Fred
Tovar; Council Member Cat Tucker; Mayor Roland Velasco
Absent: Council Member Paul Kloecker
XI. CITY ADMINISTRATOR’S REPORTS
XII. CITY ATTORNEY’S REPORTS
XIII. 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: Patricia Harrell v. City of Gilroy, et al.; Santa Clara Co.
Superior Court, Case No. 17VC314125, Filed August 7, 2017
City Attorney Faber explained that the Council was entering into closed session
on the item as discussion in open session would prejudice the position of the city
in the case.
Motion to adjourn to Closed Session
Motion: to Adjourn to Closed Session
Moved by Council Member Fred Tovar, seconded by Council Member Cat
Tucker.
Vote: Motion carried 6-0-1.
Yes: Mayor Pro Tempore Dion Bracco; Council Member Daniel
Harney; Council Member Peter Leroe-Muñoz; Council Member Fred
Tovar; Council Member Cat Tucker; Mayor Roland Velasco
Absent: Council Member Paul Kloecker
The Council adjourned to closed session at 7:33 p.m.
/s/ SHAWNA FREELS, MMC
City Clerk
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City of Gilroy
STAFF REPORT
Agenda Item Title: Adoption of an Ordinance of the City Council of the City of Gilroy
Adding Section 24.44(b)(5) to Article III of Chapter 24 of the Gilroy
City Code Pertaining to the Reauthorization of the Public,
Educational, and Government Access Channel Support (Introduced
12/4/17 with a 6-0-1 vote Council Member Kloecker absent)
Meeting Date: January 8, 2018
From: Gabriel Gonzalez, City Administrator
Department: Administration
Submitted By: Gabriel Gonzalez
Prepared By: Gabriel Gonzalez
Strategic Plan Goals
Financially Sustainable
and High Performing ☐ Livable Community ☐ Grow the Economy
Upgrade Infrastructure ☐ Vibrant Downtown
RECOMMENDATION
Adoption of an Ordinance of the City Council of the City of Gilroy adding Section
24.44(b)(5) to Article III of Chapter 24 of the Gilroy City Code pertaining to the
reauthorization of the public, educational, and government access channel support .
EXECUTIVE SUMMARY
The Gilroy City Code (“Code”) includes in Section 24.44 a provision that allows state-
wide television franchise holders who serve the residents of Gilroy to collect fees from
users to fund the purchase, maintenance, repair and replacement of broadcasting
equipment for public, educational, and governmental (“PEG”) programming. Under state
law, in order for the City’s current franchisee Charter Communications, Inc. (“Charter”)
to continue collecting this fee during their next 10 -year franchise period, the above
mentioned section of the Code must be reauthorized as it relates to PEG fee collection.
These fees are provided to the Community Media Access Partnership of Southern
Santa Clara and San Benito County (“CMAP”). CMAP is the City’s designated provider
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of Channel 17, the City’s PEG channel. Without reauthorization, the PEG fees will no
longer be collected by Charter, impacting CMAP’s ability to fund maintenance efforts of
the broadcasting equipment for next calendar year, or however long it takes until the
PEG support provision of Section 24.44 is reauthorized. Council introduced this
proposed ordinance at the December 4, 2017 regular Council Meeting.
BACKGROUND
Cities in California have historically entered into local franchise agreements with cable
and satellite television providers. However, in 2006 the Digital Infrastructure and Video
Competition Act of 2006 (“DIVCA”) was adopted by the state as part of the Public
Utilities Code, which authorized such companies to have state-wide franchises. DIVCA
requires that these companies provide channels f or PEG programming. It further allows
for local entities to require the collection of PEG fees by the franchisee by adoption of
an ordinance.
In December of 2009, Emergency Ordinance No. 2009 -06 was adopted, and in early
2010, the City adopted Ordinance No. 2010-01, which created Section 24.44 of the
Code which relates to PEG channels and support. The City is able to collect more than
the 1% PEG fee rate authorized under DIVCA because the City already had a local
franchise agreement with Charter. As such, the City is able to secure a PEG fee
collection of 3% of Charter’s gross revenue in Gilroy.
The City formed a partnership with the Cities of Hollister and San Juan Bautista to form
CMAP. CMAP is the City’s delegated organization that administers Channel 17 for the
City, and transmits the City’s content through the PEG channel. CMAP utilizes the PEG
fees to purchase, maintain, repair, and replace broadcasting equipment that keeps the
City’s PEG channel operating.
The PEG channel regularly shows slides developed by the City’s Public Information
Office with information about City services and events. Channel 17 also shows the
recordings of City Council meetings, Planning Commission meetings, and County Board
of Supervisors meetings. Last, but definitely not lea st, Channel 17 also serves as one of
the emergency information channels the City uses, providing important information to
Gilroy residents in the event of a natural disaster or other emergency condition.
ANALYSIS
The City received notice in mid-November from Charter, through CMAP, that Charter
successfully renewed their state-wide franchise and requested to know the status of the
PEG fee ordinance reauthorization. The existing franchise expiration and the renewal of
the new 10-year franchise certificate are both effective January 2, 2018. By adopting
this ordinance the PEG fees will continue to be collected and remitted to CMAP to
maintain the City’s PEG Channel infrastructure.
Section 5870(n) of the California Public Utilities Code, included below, governs the
administration of the PEG fee.
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“(n) A local entity may, by ordinance, establish a fee to support PEG channel
facilities consistent with federal law that would become effective subsequent to the
expiration of any fee imposed pursuant to subdivision (l). If no such fee exists, the
local entity may establish the fee at any time. The fee shall not exceed 1 percent of
the holder’s gross revenues, as defined in Section 5860. Notwithstanding this
limitation, if, on December 31, 2006, a local entity is imposing a separate fee to
support PEG channel facilities that is in excess of 1 percent, that entity may, by
ordinance, establish a fee no greater than that separate fee, and in no event greater
than 3 percent, to support PEG activities. The ordinance shall expire, and may be
reauthorized, upon the expiration of the state franchise . [underline added]”
The underlined section highlights that without reauthorization the City’s ordinance
regarding the collection of PEG fees is expired, even if the ordinance did not have an
expiration timeframe in its language approved by the Council. Staff is recommending
that Council adopt the recommended ordinance to reauthorize the PEG fee collection.
By reauthorizing the ordinance Council will protect the receipt and delivery of PEG fees
from Charter to CMAP to maintain the City’s PEG channel infrastructure.
The PEG fees are a critical source of revenue for CMAP to afford maintenance and
repair of broadcasting equipment that shares regular and emergency information with
residents. The loss of revenue if the ordinance is not approved could limit CMAP’s
ability to maintain the equipment.
The proposed ordinance is structured to prevent the need for repeated ordinances each
10 years to reauthorize the PEG fee collection. The ordinance contains language
whereby the PEG support section is automatically renewed with each expiration of a
franchisee’s franchise certificate. This will proceed in perpetuity until the Council takes
affirmative action to not reauthorize the ordinance.
ALTERNATIVES
As an alternative, Council may choose not to adopt the ordinance. Not recommended.
Should Council choose not to adopt this ordinance, the City will not be able to receive
PEG fees which pay for the broadcasting equipment that CMAP uses to provide the
City’s PEG channel, Channel 17. Additionally, should the City ever decide to undertake
its own broadcasting in the future, there would not be PEG fees to pay for equipment
purchases to self-broadcast, should that ever be desired by Council.
If Council does not approve the ordinance, CMAP, through the City, would no longer
receive the 3% of gross revenue earned by Charter in Gilroy. Once equipment failures
happen CMAP may not be able to purchase repair services or replacement equipment.
Based on CMAP’s report of the latest PEG fee payment from Charter for Gilroy
subscribers, this amount is estimated to be approximately $219,000 annually.
FISCAL IMPACT/FUNDING SOURCE
Approval of the ordinance would not have any fiscal impact to the City’s General Fund.
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However, if the ordinance is not adopted, Charter would cease to collect PEG fees until
an ordinance reauthorizing the collection of the fee is adopted and effective .
CONCLUSION
By adopting this ordinance Council reauthorizes that the PEG fees are collected as
already identified in the Code. This supports the maintenance and replacement of
broadcast equipment used for the City’s government channel, which is also a medium of
relaying emergency communication to residents.
NEXT STEPS
If adopted, staff will relay a signed copy of the ordinance to Charter who requires a copy
in order to continue collection of the PEG fee.
Attachments:
1. DIVCA PEG Fee Perpetual Reauthorization Ordinance
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ORDINANCE NO. 2018-XX
4839-5514-0181v1
JH\04706083
ORDINANCE NO. 2018-XX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GILROY ADDING SECTION 24.44 (b)(5) TO ARTICLE
III OF CHAPTER 24 OF THE GILROY CITY CODE
PERTAINING TO THE REAUTHORIZATION OF THE
PUBLIC, EDUCATIONAL, AND GOVERNMENT ACCESS
CHANNEL SUPPORT
WHEREAS, Section 5870(n) of the Public Utilities Code, which was enacted as part of
the Digital Infrastructure and Video Competition Act of 2006 (“DIVCA”), authorized the City of
Gilroy to adopt an ordinance establishing a fee on state-franchised video and cable service
providers to support public, educational, and governmental access channel facilities (“PEG”);
and,
WHEREAS, The City of Gilroy had previously established a PEG support fee from
Charter Communications (“Charter”) to be used for supporting the PEG channel facilities; and,
WHEREAS, on December 7, 2009, Emergency Ordinance No. 2009-06 and on January
11, 2010 Ordinance No. 2010-01 were adopted implementing the provisions of DIVCA by
adding sections 24.38 through 24.45 to the Gilroy City Code, continuing the practice of charging
our franchisee a fee to support the PEG channel facilities; and,
WHEREAS, Section 5870(n) of the Public Utilities Code states that such an ordinance
shall expire, and may be reauthorized, upon the expiration of the state franchise; and,
WHEREAS, the City of Gilroy desires to ensure that there is no gap in the payment of
PEG fees due to the future expiration of any existing or future video and cable franchise
certificate franchise(s) held by any state franchise holder operating within the City of Gilroy;
and,
WHEREAS, this Ordinance is exempt from environmental review pursuant to
Section 15061(b)(3) of the State Guidelines implementing the California Environmental Quality
Act of 1970, as amended.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION I
Section 24.44(b) of Chapter 24, of the Gilroy City Code entitled "Public, Educational,
and Government Access Channel Capacity, Support, Interconnection, and Signal Carriage" is
hereby amended by adding a new Section 24.44(b)(5), which shall read as follows:
7.B.a
Packet Pg. 43 Attachment: DIVCA PEG Fee Perpetual Reauthorization Ordinance (1507 : PEG Fee 2017 Ordinance Adoption 1-8-18)
ORDINANCE NO. 2018-XX
4839-5514-0181v1
JH\04706083
“Sec. 24.44 Public, Educational, and Government Access Channel
Capacity, Support, Interconnection, and Signal Carriage
(b) PEG Support.
(5) Reauthorization of State Franchise Holder PEG Fees
i. The fee on state franchise holders to support public, educational,
and governmental channel facilities in Gilroy City Code Sections
24.44(b)(1) through 24.44(b)(4) above is reauthorized and shall
remain unchanged and in full effect as to all state franchise holders.
ii. The PEG fee in Gilroy City Code Sections 24.44(b)(1) through
24.44(b)(4) shall automatically be reauthorized upon the expiration
of any existing or future franchise certificate(s) held by any state
franchise holder operating within the City of Gilroy.
iii. This chapter shall automatically be reauthorized upon the expiration
of any existing or future franchise certificate franchise(s) held by
any state franchise holder operating within the City of Gilroy. This
chapter shall so renew upon the future expiration of any franchise
certificate(s) until such time that the City Council takes formal
affirmative action to cease the renewals.
SECTION II
If any section, subsection, sentence, clause or phrase of this ordinance is for any reason
held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining
portions of this ordinance. The City Council of the City of Gilroy hereby declares that it would
have passed and adopted this ordinance, and each section, subsection, sentence, clause or phrase
hereof, irrespective of the fact that anyone or more sections, subsections, sentences, clauses or
phrases may be declared invalid or unconstitutional.
SECTION III
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 it is adopted.
PASSED AND ADOPTED this ___ day of January, 2018, by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
7.B.a
Packet Pg. 44 Attachment: DIVCA PEG Fee Perpetual Reauthorization Ordinance (1507 : PEG Fee 2017 Ordinance Adoption 1-8-18)
ORDINANCE NO. 2018-XX
4839-5514-0181v1
JH\04706083
APPROVED
Roland Velasco, Mayor
ATTEST:
Shawna Freels, City Clerk
7.B.a
Packet Pg. 45 Attachment: DIVCA PEG Fee Perpetual Reauthorization Ordinance (1507 : PEG Fee 2017 Ordinance Adoption 1-8-18)
RESOLUTION NO. 2018-XX
RESOLUTION 2018-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY SUPPORTING TOURISM IN THE HECKER PASS
CORRIDOR
WHEREAS, the economic vision for Gilroy is to have a prosperous and diversified business
community, providing both jobs and financial resources to support a high quality of life for its
residents and;
WHEREAS, Gilroy views tourism as part of that economic vision and strives to attract visitors
by providing them with amenities and services to make their stay uniquely enjoyable to the area
and;
WHEREAS, Gilroy is expanding from a regional day visitor approach to a destination location
with a geographic reach requiring overnight visitors and;
WHEREAS, Highway 152 West also referenced as the Hecker Pass Corridor is recognized as an
opportunity for such growth currently offering visitor attractions including Gilroy Gardens, local
wineries, golf and ag-tourism destinations.
NOW THEREFORE BE IT RESOLVED that the City of Gilroy:
1) Supports increasing visitor serving uses such as destination dining, resorts, spas,
attractions, hotels, outdoor recreation such as hiking, biking and camping compatible
with the current offerings that include Gilroy Gardens, local wineries, golf and ag-
tourism located in the Hecker Pass Corridor starting at Santa Teresa Boulevard and
continuing along Highway 152 connecting to Mt. Madonna County Park;
2) Encourages marketing of the Hecker Pass Corridor as a visitor destination requiring
tourism strategies to position and name the location i.e.: “Solis Valley”;
3) Implements streamlining city approval and permitting processes for business interests
looking to locate or expand within the City Limits of the Hecker Pass Corridor.
Submitted By:
Gilroy Welcome Center Board of Directors
Gilroy Economic Development Corporation Board of Directors
Gilroy Gardens Board of Directors
Gilroy Chamber of Commerce Board of Directors
PASSED AND ADOPTED by the City Council of the City of Gilroy on this 8th day of
January, 2018, by the following roll call vote:
AYES: COUNCILMEMBERS:
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Packet Pg. 46 Communication: Resolution of the City Council of the City of Gilroy Supporting Tourism in the Hecker Pass Corridor (CONSENT CALENDAR
RESOLUTION NO. 2018-XX
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS: NONE
APPROVED:
_____________________________________
Roland Velasco, Mayor
ATTEST:
____________________________________
Shawna Freels, City Clerk
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City of Gilroy
STAFF REPORT
Agenda Item Title: Amendment to Agreement with Arrow Sign Company for
Wayfinding Signs
Meeting Date: January 8, 2018
From: Gabriel Gonzalez, City Administrator
Department: Public Works Department
Submitted By: Girum Awoke
Prepared By: Girum Awoke
Michael Fisher
Strategic Plan Goals
☐ Financially Sustainable
and High Performing
☐ Livable Community Grow the Economy
☐ Upgrade Infrastructure ☐ Vibrant Downtown
RECOMMENDATION
Approve a one year contract extension with Arrow Sign Company in the amount of
$114,218.00.
EXECUTIVE SUMMARY
In 2011, the City of Gilroy undertook a project to install wayfinding and guiding signs
throughout the city. The first phase of this project was implemented in 2012. Based on
the success of the original Wayfinding Signs project, a solicitation was put out in 2015 to
hire a contractor to manufacture and install 75 signs of varying size and type, which
constituted the second phase of this project; Arrow Sign Company (Arrow) was hired for
this contract.
Since the signing of the original contract, several changes have taken place which
necessitated a comprehensive amendment to the original contract. In light of the final
construction documents and design calculations, staff has evaluated and recommends
a lump sum change order for the Wayfinding Project. This change order is to include
items that were not included in the original Request for Proposal (RFP) such as
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professional liability insurance, bond, design documentation, quantity modification, and
permitting. This change order also establishes a means to track and pay for any other
unforeseen extra work during the construction phase. Lastly, staff is recommending
extension of the contract term for an additional year to June 30th, 2018.
BACKGROUND
In 2011, the City of Gilroy Council approved a project to install Wayfinding and guiding
signs throughout the city in order to promote tourism and investment in the city. The
original project included more than 17 welcoming and guiding signs. The work consisted
of manufacturing and installation of Wayfinding signs and their foundation.
The first phase of the project was very well received and due to its success, a Request
for Proposal (RFP) was issued and a new contract executed for the Phase II project in
July 8th, 2015, for a total not-to-exceed amount of $334,988. The original contract can
be found in Exhibit A. Due to the nature of the work, the contract provides for the
contractor and the City to work jointly and iteratively to determine the exact quantity and
location for these signs. The current executed service agreement has allowed Arrow
Sign Company to manufacture, and install 75 Wayfinding signs. In addition, these
Wayfinding signs were designed to further emphasize the uniqu eness and identity of the
City.
ANALYSIS
Changes related to quantity modifications:
After spending approximately 9 months surveying and preparing the construction
documents, the City and the Contractor have determined that the actual number of
signs needed for the project is 69. These include Welcoming Signs, Post mounted
directional signs and pole mounted directional signs (signs that are mounted on existing
street light pole). To date, all signs have been fabricated, inspected by the City and are
ready for installation. This quantity amendment is shown in Exhibit B, item 1.
Changes related to professional liability insurance:
The Contractor was also tasked with additional responsibility in providing design
documentations. These include engineering calculations, plans, and specifications. For
this reason, the City requested the contractor to provide professional liability insurance
(errors and omissions insurance). The contractor hired an independent Engineer to
perform the required calculations under their own professional liability insurance
coverage. Even though Arrow had purchased separate professional liability insurance
for this purpose, after careful review of the insurance requirements for this unique
project, the Department of Public works has dete rmined that the general liability
insurance will cover the construction phase of the project. Arrow was directed to cancel
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this insurance coverage as of December 31, 2017. This professional liability insurance
requirement has resulted in an additional cost as described in Exhibit B, item 2.
Changes related to required bond costs:
With the lack of quantity and requirement in the scope of work, the contractor excluded
the cost for performance bond from their original proposal dated March 31 st, 2015. The
original contract document was also mute on the topic of bond requirement. For this
reason, the City has requested the contractor to acquire performance bond in order to
be in compliance with local and state regulations. This request resulted in additional
cost that is now included in this lump sum change order per Exhibit B , item 3.
Changes related to certified design documentation:
All design documentations require a seal and signature of a licensed professional
engineer. Since the contractor does not have an in-house licensed professional
engineer, they sought to get an outside consultant to provide this support and accept
the liability. This resulted in an additional cost that is now included in this lump sum
change order Exhibit B, item 4.
Changes related to permitting and design modifications:
While most of the signs are located along City streets, a few of the signs are located
along County Roads as well as State Route 152. Permits are required to install 15 signs
to be located in the County right-of-way, and 20 signs to be located in the Caltrans right-
of-ways. With the additional quantity and location changes, and sign type modifications,
the permitting process for the County as well as Caltrans was delayed. The construction
phase was also delayed due to the fact that the County and Caltrans permits were not
available. This delay resulted in additional cost for demobilization, resurveying, and
storage fees shown in Exhibit B item 5, 6 and 7.
All the signs located along streets with a posted speed of 35 MPH or more are required
to have a breakaway feature as shown in Exhibit B item 1 and 12. This requirement is
per the State standards. As a result, 36 signs are required to include these breakaway
features. Since this feature was not included in the original contract, the costs to install
and to furnish this feature are additional costs that are now included in this lump sum
change order Exhibit B, item 1and 12.
Since the original contract did not cover extra work and force account billing, Exhibit B
item 9, 10, 11, and 13 in this change order seek to establish a way for the City and the
Contractor to track and bill extra works. Additionally, these items also address any
incidental work with regards to temporary traffic control, hand digging, temporary signs
etc.
After further site review, meetings and environmental review, the total of 69 signs will be
installed as part of this project. 49 signs will be installed within the City and County right-
of-way, and 20 signs will be installed within Caltrans right-of-way. Reports and
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documents requisite for encroachment and other permits were prepared and submitted
a few months ago for County and State reviews. To date, the county Encroachment
permit has been received. The state Encroachment permit is contingent on the review
and approval of Caltrans’ Office of Landscape Architecture which has identified
additional review process in addition to the encroachment permit review process. This
additional layer will impact the permit approval date for the 20 signs within the State
right-of-way. In order to avoid any additional delays, staff has separated the project into
two phases; one phase for the 49 signs within the City and County right-of-way, and
second for 20 signs within Caltrans right-of-way. Doing so allows the contractor to install
the 49 signs as an initial phase and reduce the cost of storage and resurveying fees. On
the other hand, splitting the project into two sub phases will introduce additional
mobilization fees shown in Exhibit B, item 8; staff has determined that this fee is
reasonable in comparison to the storage, maintenance, and resurveying fees that may
result from not splitting the project into two phases. The current estimate for Caltrans
permit approval is late February 2018 depending on the review of Office of Landscape
Architecture.
Exhibit B item 12 extends the contract date from June 30 th, 2017 to June 30th, 2018.
This will allow the contractor sufficient time to install all 69 signs within and around the
City.
Staff is requesting a purchase order increase to allow for coverage on this lump sum
change order and an additional 10% contingency of $33,498. This contingency is for
unforeseen conditions during construction such as underground utilities, archaeological
resources, permitting delays, and weather delays.
ALTERNATIVE
The City may cancel the service agreement with Arrow Sign Company and store all 69
signs on the City property. This option will be not only be cost prohibitive, but it will also
cause the signs to be exposed to undue damage and deterioration while in storage. It
will also hamper project progress as it will take a few months to complete a new
procurement processes. This will likely push the construction start date to sometime in
the summer of 2018. Given the current construction climate, it is anticipated that the
cost will be much higher than this not to exceed amount. Staff does not recommend this
alternative.
FISCAL IMPACT
The total project cost will be as follows:
Cost Percent Change
Original Contract Price $334,988.00
Previous Change Orders $0.00 0.00%
$334,988.00
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This Change Order $114,218.20
Total Change Orders to Date $114,218.20 34.10%
Revised Contract Price $449,206.20
There are sufficient funds in the General Fund to pay for this contract amendment.
Attachments:
1. Exhibit A Original Wayfinding Contract
2. Exhibit B Proposed CO 2
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Appendix A
Original Executed Wayfinding Contract
8.A.a
Packet Pg. 53 Attachment: Exhibit A Original Wayfinding Contract (1474 : Wayfinding Signs Contract Amendment)
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Packet Pg. 55 Attachment: Exhibit A Original Wayfinding Contract (1474 : Wayfinding Signs Contract Amendment)
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Packet Pg. 56 Attachment: Exhibit A Original Wayfinding Contract (1474 : Wayfinding Signs Contract Amendment)
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Packet Pg. 57 Attachment: Exhibit A Original Wayfinding Contract (1474 : Wayfinding Signs Contract Amendment)
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Packet Pg. 58 Attachment: Exhibit A Original Wayfinding Contract (1474 : Wayfinding Signs Contract Amendment)
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Packet Pg. 59 Attachment: Exhibit A Original Wayfinding Contract (1474 : Wayfinding Signs Contract Amendment)
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Packet Pg. 60 Attachment: Exhibit A Original Wayfinding Contract (1474 : Wayfinding Signs Contract Amendment)
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Packet Pg. 61 Attachment: Exhibit A Original Wayfinding Contract (1474 : Wayfinding Signs Contract Amendment)
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Packet Pg. 62 Attachment: Exhibit A Original Wayfinding Contract (1474 : Wayfinding Signs Contract Amendment)
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Packet Pg. 70 Attachment: Exhibit A Original Wayfinding Contract (1474 : Wayfinding Signs Contract Amendment)
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Packet Pg. 71 Attachment: Exhibit A Original Wayfinding Contract (1474 : Wayfinding Signs Contract Amendment)
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Packet Pg. 72 Attachment: Exhibit A Original Wayfinding Contract (1474 : Wayfinding Signs Contract Amendment)
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Packet Pg. 73 Attachment: Exhibit A Original Wayfinding Contract (1474 : Wayfinding Signs Contract Amendment)
8.A.a
Packet Pg. 74 Attachment: Exhibit A Original Wayfinding Contract (1474 : Wayfinding Signs Contract Amendment)
8.A.a
Packet Pg. 75 Attachment: Exhibit A Original Wayfinding Contract (1474 : Wayfinding Signs Contract Amendment)
8.A.a
Packet Pg. 76 Attachment: Exhibit A Original Wayfinding Contract (1474 : Wayfinding Signs Contract Amendment)
8.A.a
Packet Pg. 77 Attachment: Exhibit A Original Wayfinding Contract (1474 : Wayfinding Signs Contract Amendment)
8.A.a
Packet Pg. 78 Attachment: Exhibit A Original Wayfinding Contract (1474 : Wayfinding Signs Contract Amendment)
8.A.a
Packet Pg. 79 Attachment: Exhibit A Original Wayfinding Contract (1474 : Wayfinding Signs Contract Amendment)
8.A.a
Packet Pg. 80 Attachment: Exhibit A Original Wayfinding Contract (1474 : Wayfinding Signs Contract Amendment)
8.A.a
Packet Pg. 81 Attachment: Exhibit A Original Wayfinding Contract (1474 : Wayfinding Signs Contract Amendment)
8.A.a
Packet Pg. 82 Attachment: Exhibit A Original Wayfinding Contract (1474 : Wayfinding Signs Contract Amendment)
8.A.a
Packet Pg. 83 Attachment: Exhibit A Original Wayfinding Contract (1474 : Wayfinding Signs Contract Amendment)
8.A.a
Packet Pg. 84 Attachment: Exhibit A Original Wayfinding Contract (1474 : Wayfinding Signs Contract Amendment)
8.A.a
Packet Pg. 85 Attachment: Exhibit A Original Wayfinding Contract (1474 : Wayfinding Signs Contract Amendment)
Appendix B
Proposed Change Order 02
8.A.b
Packet Pg. 86 Attachment: Exhibit B Proposed CO 2 (1474 : Wayfinding Signs Contract Amendment)
City of Gilroy
Engineering Division
7351 Rosanna St., Gilroy, CA 95020
Phone (408) 846-0450; Fax (408) 846-0429
CHANGE ORDER NO.002
To contract for : City of Gilroy Wayfinding Project Phase II 15-RFP-PW-381
Contractor: Arrow Sign Company Contract Date: 12/19/2017
This order shall become effective when it has been signed by the City Administrator, City Engineer,
Project Engineer, and Contractor. All copies forwarded to Contractor for signature shall be returned to The
City of Gilroy properly filled out. Upon acceptance by the City, the Contractor's copy will be returned to him
as his authority to proceed with the work.
Description of Work
This change order provides for the following:
Item I:
1. A reduction of sign Type A4 from 4 ea. to 3 ea.
2. An addition of Sign Type A5 from 0 ea. To 1 ea.
a. Sign location 81 shall be changed from Type A4 to Type A5 per the attached Exhibit A
3. A reduction of sign Type B1 from 22 ea. To 21 ea.
a. Sign location 30 and 42 Type B1 shall be changed to Type B5.
b. Sign location 41 Type B5 shall be changed to Type B1
4. An addition of Sign Type B2 from 7 ea. To 8 ea.
a. Sign location 18 Type B2 shall be removed from the contract
b. Sign location 77 Type B5 shall be changed to Type B2
c. Sign location 49 Type B5 Shall be change to type B2
5. A reduction of sign Type B3 from 22 ea. To 17 ea.
a. Sign locations 86, 98, 96, 97, 100, and 101 Type B3 shall be removed from the contract
b. Sign location 78 Type B3 shall be changed to Type B5
c. Sing Location 114 and 115 shall be added to Type B3
6. A reduction of sign Type B5 from 20 ea. To 19 ea.
a. Sign location 30 and 42 Type B1 shall be changed to Type B5.
b. Sign location 77 and 49 Type B5 shall be changed to Type B2
c. Sign location 78 Type B3 shall be changed to Type B5
d. Sign location 41 Type B5 shall be changed to Type B1
e. Sign Location 20 and 22 Type B5 Shall be removed
f. Sign Location 117 shall be added to Type B5
7. An addition of 11 break-away systems for the following sign locations per the attached Exhibit B
a. Sign Locations 1, 2, 3, 4, 15, 16, 19, 29, 30, 31, and 34.
This shall bring the total number of signs to be furnished and installed to 69 each. The cost of this quantity changes shall be included in
the lump sum change order cost below.
Item II:
The contractor shall cancel the professional liability insurance (errors and omissions insurance) as stated in the original c ontract, Article 5
Section D. It has been determined that the professional liability insurance will not be necessary for the work s that the Contractor will be
engaging in. This cancellation shall be in effect no later than 12/8/2017 per Exhibit C. The cost of this professional liability insurance
shall be included in the lump sum change order cost below.
Item III:
The total cost for the performance bond not included in the original contract dated 6/30/2014 shall be included in the lump sum change
order cost below per Article 4 Section D. This cost shall include all direct expenses as well as administration and overhead cost.
Item IV:
All civil engineering plans and specifications that are permitted or that are to be released for construction shall bear the signature and seal
of the licensed civil engineer and shall include his or her name and license number. All final civil engineering calculations and reports
shall bear the signature and seal or stamp of the licensee, and the date of signing and sealing or stamping. All cost associa ted with this
requirements shall be included in the lump sum change order cost below.
Item V:
8.A.b
Packet Pg. 87 Attachment: Exhibit B Proposed CO 2 (1474 : Wayfinding Signs Contract Amendment)
All additional cost in relation to the demobilization and relocation of signs from the manufacturing facility to the storage facili ty shall be
included in the lump sum change order cost below.
Item VI:
All additional cost associated with re-marking, resurveying, and Underground Service Alert (USA) coordination for all 69 signs shall be
included in the lump sum change order cost below.
Item VII:
All additional cost associated with the storage and maintenance of the 69 signs from 6/30/2017 to 12/31/2017 shall be included in the
lump sum change order cost below. Any additional cost incurred after 12/31/2017 shall be billed on a monthly basis at $242.00/month or
$0.50 per square foot whichever is less.
Item VIII:
The project is set to be constructed in two phases. The 49 signs within the City and County right-of-way shall be installed in first phase
while the other 20 signs within the CalTrans right-of-way shall be installed in the second phase. Phase one mobilization is included in the
original contract and shall be perform at no additional cost to the City. All additional cost associated with the mobilizatio n of phase 2 and
other subsequent phases shall be billed at $1540 per phase.
Item IX:
All cost associated with the temporary traffic control set-up shall be included in the lump sum change order cost below. This temporary
traffic control set-up shall be per the approved county encroachment permit and per the 2015 Caltrans standard plan T10 for shoulder
closure and one-lane closure in Exhibit D. Any deviation from the documents mentioned above shall be billed on a force account basis.
The Contractor shall obtain written approval from the City prior to incurring or billing of these expenses.
Item X:
The Contractor is required to participate in a preconstruction meeting with a professional archaeologist prior to the start of construction to
familiarize with artifact and procedures when working in or near prehistoric archaeological site. Site supervisors and operators are
required to attend this meeting. It is the Contractor responsibility to coordinate a one-time preconstruction meeting with the City prior to
ground disturbing activities. All cost associated with this preconstruction meeting shall be billed on a force account basis.
Item XI:
In an event that the contractor discover artifacts per the preconstruction meeting, all soil disturbing activities within the area shall be
halted and the contractor shall contact the City and the dedicated professional a rchaeologist immediately. Any delay due to this encounter
shall be tracked and paid for on a force account basis.
Item XII:
All costs associated with the modification and installation of the break-away systems per Exhibit B for the 25 signs at location 5, 6, 7, 8,
9, 10, 11, 12, 13, 14, 17, 18, 20, 21, 22, 23, 24, 25, 26, 27, 28, 32, 33, 35, and 36 shall be included in the lump sum change order cost
below. Any additional signs requiring break away systems shall be billed per the unit price below:
Type B1 - $3,096 each
Type B2 - $1,753 each
Type B3 - $1,753 each
Item XIII:
All force account works shall be billed per the attached Labor Rate Exhibit E. All other equipment and labor cost not covered in Exhibit
E shall be billed per the current CalTrans Equipment Rental Rates and Labor Surcharge. The Contractor shall obtain written approval
from the City prior to incurring or billing of these expenses. Copies of pertinent financial records, including invoices and time-cards will
be included with the submission of billings for these expenses. Any works proceeded without prior approval from the City shal l be the
responsibility of the Contractor and the Contractor shall not hold the City responsible for the cost associated with these expenses.
Item XIV:
This change order extends the term of the agreement for services between the City and the Contractor dated June 30, 2017 to June 30,
2018.
All requirements of the original Contract Documents shall apply to the above work except as specifically modified by this
Change Order. The contract time shall not extend unless expressly provided for in this Change Order.
By signing this Change Order, Contractor acknowledges and agrees that the adjustments to cost and time contained herein are
in full satisfaction and accord, and are accepted as payment in full, for any and all costs and expenses associated with this
Change Order, (the "Extra Work"), including but not limited to labor, materials, overhead and profit, delay, disruption, loss of
efficiency and any and all other direct and/or indirect costs or expenses associated with the Extra Work and hereby waives any
right to claim any further cost and time impacts at any time during and after completion of the Contract associated with the
Extra Work.
8.A.b
Packet Pg. 88 Attachment: Exhibit B Proposed CO 2 (1474 : Wayfinding Signs Contract Amendment)
Cost Percentage Initial
Arrow Sign Company hereby agree to Original Contract Price $334,988.00 make the above changes Previous Change Orders $0.00 0.00%
subject to the terms of this Change Order Total to Date $334,988.00
for the NET INCREASE of $114,218.20 This Change Order $114,218.20
Total Change Orders to Dat $114,218.20 34.10%
Revised Contract Price $449,206.20
CONTRACTOR
PRINT NAME AND TITLE
Date:
RECOMMENDED BY:
Construction Manager Date
ACCEPTED BY: City Administrator Date
City Engineer Date
Project Engineer Date
8.A.b
Packet Pg. 89 Attachment: Exhibit B Proposed CO 2 (1474 : Wayfinding Signs Contract Amendment)
8.A.b
Packet Pg. 90 Attachment: Exhibit B Proposed CO 2 (1474 : Wayfinding Signs Contract Amendment)
Exhibit A
Sign A5
8.A.b
Packet Pg. 91 Attachment: Exhibit B Proposed CO 2 (1474 : Wayfinding Signs Contract Amendment)
DETAIL A5.1
8.A.b
Packet Pg. 92 Attachment: Exhibit B Proposed CO 2 (1474 : Wayfinding Signs Contract Amendment)
Exhibit B
Break-Away Systems
8.A.b
Packet Pg. 93 Attachment: Exhibit B Proposed CO 2 (1474 : Wayfinding Signs Contract Amendment)
8.A.b
Packet Pg. 94 Attachment: Exhibit B Proposed CO 2 (1474 : Wayfinding Signs Contract Amendment)
8.A.b
Packet Pg. 95 Attachment: Exhibit B Proposed CO 2 (1474 : Wayfinding Signs Contract Amendment)
8.A.b
Packet Pg. 96 Attachment: Exhibit B Proposed CO 2 (1474 : Wayfinding Signs Contract Amendment)
8.A.b
Packet Pg. 97 Attachment: Exhibit B Proposed CO 2 (1474 : Wayfinding Signs Contract Amendment)
8.A.b
Packet Pg. 98 Attachment: Exhibit B Proposed CO 2 (1474 : Wayfinding Signs Contract Amendment)
8.A.b
Packet Pg. 99 Attachment: Exhibit B Proposed CO 2 (1474 : Wayfinding Signs Contract Amendment)
Exhibit C
Professional Liability Insurance Cancellation
8.A.b
Packet Pg. 100 Attachment: Exhibit B Proposed CO 2 (1474 : Wayfinding Signs Contract Amendment)
G:\COMDEV\ENGINEERING\TRAFFIC & TRANSPORTATION\1 TRANSPORTATION ON-GOING PROJECTS\4_WAYFINDING PHASE II - ARROW SIGN
COMPANY\LETTER\LETTER #005 PROFESSIONAL LIABILITY CANCELLATION.DOC
12/1/2017
Letter # 005
Nicole Salmon
1051 46th Ave.
Oakland, CA 94601
Phone: 510-533-7693
Email: nsalmon@arrowsigncompany.com
Re: Professional Liability Cancellation
Nicole,
Thank you for your continuous support for the Wayfinding Project. The City has
reviewed your letter dated 10/16/2017 and agreed to cancel the professional liability insurance
(errors & omissions) as stated in the original contract, Article 5 Section D. It has been determined
that the professional liability insurance will not be necessary for the works that Arrow will be
engaging in. This cancellation shall be in effect no later than 12/8/2017.
The City is looking forward to receiving the cancellation confirmation. Additionally, we
are still waiting on the decision from the city council regarding the global contract amendment.
As stated earlier on, we do have this on the council agenda for January 8th, 2018. The city will
continue to provide you update regarding this decision.
Sincerely,
______________________________________
Nirorn Than, Engineer I
City of Gilroy
7351 Rosanna Street
Gilroy, California
95020-6197
Girum Awoke
Director of Public Works
Telephone (408) 846-0451
http://www.cityofgilroy.org
Nirorn Than
Engineer I
Telephone 408-846-0293
8.A.b
Packet Pg. 101 Attachment: Exhibit B Proposed CO 2 (1474 : Wayfinding Signs Contract Amendment)
Exhibit D
Typical Temporary Traffic Control Plan
8.A.b
Packet Pg. 102 Attachment: Exhibit B Proposed CO 2 (1474 : Wayfinding Signs Contract Amendment)
California MUTCD 2014 Bdition
(FIIWA's MUTCD 2009 Edition, including Revisions 1 & 2, as amended for use in California)
Table 6H-l(CA). lndex to Typical Applications
Page 1135
Shoulder Closure on Urban (Low Speed) Locations to Accommodate Bicvclists
T Number
TA-101(CA)
Lane Closure on Freeway, Expressway, Rural and Urban (High Speed) Locations
to Accommodate Bicyclists
TA-102(CA)
Detour for Bike Lane on Roads with Closure of One Travel Direction TA-103(CA)
Lane and Bike Lane Closure on Far Side of lntersection
Lane Shift on Road with Low Traffic Volumes
TA-104(CA)
-
TA-105(CA)
Table 6H-2. Meaning of Symbols onTypical Application Diagramsr
-
ooo
I
Þt*
r>
F
ïI
a>-r{
\\\\\
Chapter 6H - Typical Applications
Part 6 - Temporary Traffic Control
Arrow board
Arrow board support or trailer
(shown facing down)
Çhangeable messâge sign or support trailer
Channelizing device
Crash cushion
Dlrecllon of lemporary trafflc ctetour
Direction of traffic
Flagger
High-level warning device
(Flag tree)
Longitudinal channelizing device
Luminaire
Pavement markinqs that should be
removed lor a long4erm project
I,
@
Shadow vehicle
Sign (shown lacing left)
Surveyor
Temporary barrier
Temporary barrier with warning light
Traffic or pedeslrian signal
Truck-mounted attenuator
Type 3 banicade
Warning light
Work space
Work vehicle
EE
Vn
ft\\Tt
&m
óÌ3-/EÒtfL
November 7 ,2014
8.A.b
Packet Pg. 103 Attachment: Exhibit B Proposed CO 2 (1474 : Wayfinding Signs Contract Amendment)
California MUTCD 2014 Edition
(FHWA's MUTCD 2009 Edition, including Revisions 1 &. 2, as amended for use in Califomia)
Table 6H-3. Recommended Advance Warning Sign #irrinrr¡¡¡Spacing
Road Type
D¡stance Between Signs*
A B c
Urban 26 or lessit'100 Þ€t 100 feet '100 Þet
Urban - more than 25 mph to 40 mph'.'250 feet 250 feet 250 feel
Urban,(åiglr*¡oCþ more than 40 mph'*350 fêet 350 Þet 350 feet
Rural 500 feet 50û feet 500 feet
Expresst¡¡ay / Freeway.1,000 bet 1,500 feet 2,640 Eet
.
" lhe column heâdings A, B, änd C are the dimênsions shown in Figures ÊH-j through 6H-46. The A
dimension is the díslance from the trans¡tion or point of restriction to lhe first sign. The B dimension
is the distânce beheeen the first and second signs. The C dimension ¡s the d¡starce þetween the
second and third signs. (lhe "first sign" is the sign in a three-sign sefies that ¡s closest to the TTC
zonê. The "third sign" is the sign that ¡s furthest upskeam from the TTC zone.)
"" Posted speed limit, off-peak 85th-percenlilè speed prior to work slarting, or olher añticipatecl operat¡ng speed
in mph.
Page I 136
Table 6H-4. Formulas for Determining Taper Length
Speed (S)Taper Length (L) in feel
40 mph or less
ws"'t--
60
45 mph or more L= WS
Where: L * taper length in feel
W = width of offset in feet
S = po$ted speed lirìlit, r:r off-peak 85th-percentlle
speed prior to work starting, or the anticipated
opêraling speed ¡n mph
t31lð35U
Chapter 6H - Typical Applications
Part 6 - Temporary Traffic Control
November 7,2014
8.A.b
Packet Pg. 104 Attachment: Exhibit B Proposed CO 2 (1474 : Wayfinding Signs Contract Amendment)
Speed*
s
(mph)
Minimum Taper Length**
forWidth of Offset 12 feet {W)
Merging
L
(feet)
Shifting
Ll2
{feet)
Shoulder
L/3
{feet}
Down
Stream
{feetl***
20 80 40 27 50
25 125 63 42 50
30 180 90 60 50
35 245 123 82 50
40 320 160 107 50
45 540 270 180 50
50 600 300 200 50
55 660 330 220 50
60 720 360 240 50
65 780 390 260 50
70 840 420 280 50
75 900 450 300 50
California MUTCD 2014 Edition
(FHWA's MUTCD 2009 Edition, including Revisions I & 2, as amended for use in Califomia)
Table 6H-4(CA). Taper Length Criteria for Temporary Traffic Control Zones
(for 12 feet Offset W¡dth)
* - Posted speed limit, off-peak 8Sfr-percentile speed prior to work starting, or the anticipated operating
speed in mph.
** - For other offsets use the following merging taper length formula for L:
For speeds of 40 mph or less, L=WS2/60
For speeds of 45 mph or more, L=WS
Where: L = taper length in feet
W = width of offset in feet
5 : posted speed limit, off-peak 8$ttt-percentile speed prior to work
starting, or the anticipated operating speed in mph
*** - Maximum downstream taper length is 100 feet. See Section 6C.08.
Chapter 6H - Typical Applications
Part 6 - Temporary Traffic Control
Page 1137
03*tEoî5L
November 7,2014
8.A.b
Packet Pg. 105 Attachment: Exhibit B Proposed CO 2 (1474 : Wayfinding Signs Contract Amendment)
California MUTCD 2014 Edition
(FHWA's MUTCD 2009 Edition, including Revisions I & 2, as amended for use in California)
Figure 6H-3. Work on the Shoulders (TA-3)
G20-1
(optional)
Shoulder taper
(see Note 7)
w21-5
1/3 Lw21-5 T
Shoulder taper
Shoulder taper
(see Note 7)
Note 7)
Åt
Page ll43
t
I
a _L
1/3 LT
AI
l_03irutnTë1/3 LG20-2
(optional)
Note: See Tables 6H-2 and 6H-3
for the meaníng of the
symbols and/or letter
codes used in this figure.
ì ?T
A
B
Chapter 6H - Typical Applications
Part 6 - Temporary Traffic Control
TypicalApplication 3
Novembel 7,2014
8.A.b
Packet Pg. 106 Attachment: Exhibit B Proposed CO 2 (1474 : Wayfinding Signs Contract Amendment)
Califomia MUTCD 2014 Edition
(FHWA's MUTCD 2009 Edition, including Revisions I &2, as amended for use in Califomia)
FÍgure 6H-30. Interior Lane Closure on MultìJane Street (TA-30)
w11-1 &W16-1P
(SeeNotes6&7)
Page 1205
ryr
See Section 6F.61 ôJ fru jfla
Buffer Space
(optional)
Truck-Mounted Attenuator
(optional)Buffer Space
(optional)See Section 6F.61
Note: See Tables 6H-2 and 6H-3
for the meaning of the
symbols and/or letter
codes used in this figure.
Chapter 6H - Typical Applications
Part 6 - Temporary Traffic Control
11-1 & W16-1P
Notes 6 & 7)
TypicalApplication 30
November 7,2014
8.A.b
Packet Pg. 107 Attachment: Exhibit B Proposed CO 2 (1474 : Wayfinding Signs Contract Amendment)
California MUTCD 2014 Edition
(FIIWA's MUTCD 2009 Edition, including Revisions 7 &.2, as arnended for use in California)
(optional)
500 ft
100 ft (optional)
Page l2l2
Figure 6H-33. Stationary Lane Closure on a Divided Highway (TA-33)
0t-/egíb
GzA-2
(optional)
A. LONG.TERM AND
INTERMEDIATE
Chapter 6H - Typical Applications
Part 6 - Temporary Traffic Control
sc19 (cA)
(optional)
B. SHORT.TERM
Work vehicle
Truck-mounted
attenuator
(optional)
space (optional)
Shoulder taper
(see Note 3)
w4-2
w20-5
w20-1
Note: See Tables 6H-2 and
6H-3 for the meaning
of the symbols and/or
letter codes used in
this figure.
Buffer space (optional)
white
edge
Shoulder taper
(see Note 3)
sc20(cA)
(optional)
500 fr
l_
A
L
B
cI
,ll lr
l,',iì r;t.,
;ì r iiÌ,':r t,lri) ir
jir¡ll:
Typical Application 33
November 7,2014
8.A.b
Packet Pg. 108 Attachment: Exhibit B Proposed CO 2 (1474 : Wayfinding Signs Contract Amendment)
8.A.b
Packet Pg. 109 Attachment: Exhibit B Proposed CO 2 (1474 : Wayfinding Signs Contract Amendment)
Exhibit E
Prevailing Labor Rate
8.A.b
Packet Pg. 110 Attachment: Exhibit B Proposed CO 2 (1474 : Wayfinding Signs Contract Amendment)
166' Boom (3 Hours Minimum)1 Man $224.00 per hour
2 Men $368.00 per hour
Lifts:2 HOURS MINIMUM EXCEPT 166'
Services:2 HOURS MINIMUM
100' Boom 1 Man $189.00 per hour
2 Men $333.00 per hour
52' 64' 74' 85' Boom 1 Man $179.00 per hour
2 Men $323.00 per hour
Pick Up 1 Man $169.00 per hour
2 Men $313.00 per hour
Permits Labor Salesperson $100.00 per hour
Administrator $85.00 per hour
Crew Time Per Man $144.00 per hour
Overtime Per Man $60.00 per hour
Fuel Surcharge: Add 5% To All Field Labor Rates
Prevailing Labor Rate
15-Jun-16
8.A.b
Packet Pg. 111 Attachment: Exhibit B Proposed CO 2 (1474 : Wayfinding Signs Contract Amendment)
City of Gilroy
STAFF REPORT
Agenda Item Title: Approval of Five Year City-Wide Parks and Landscape
Maintenance Contract
Meeting Date: January 8, 2018
From: Gabriel Gonzalez, City Administrator
Department: Public Works Department
Submitted By: Girum Awoke
Prepared By: Girum Awoke
Strategic Plan Goals
☐ Financially Sustainable
and High Performing
Livable Community ☐ Grow the Economy
☐ Upgrade Infrastructure ☐ Vibrant Downtown
RECOMMENDATION
Award a contract for City-Wide Parks & Landscape Maintenance Services, Project No.
17-RFP-PW -397, and authorize the City Administrator to execute a five-year contract in
the annual amount of $935,007 with Jensen Landscape.
EXECUTIVE SUMMARY
The City of Gilroy currently contracts with BrightView LLC to provide parks and
landscape maintenance of approximately 23 sound walls, medians, and islands, 8 city
buildings with landscaped areas, 15 parks, 11 downtown landscaped areas, and 16
water facility sites. The current contract will expire on March 31, 2018. The Department
of Public Works has solicited proposals for the continuation of this service for the City’s
existing park and landscaped facilities. The 2017 contract scope of services has been
increased to include 6 new park and landscape maintenance sites as well as increased
landscape maintenance services for 16 Water Division facilities. Qualifications and
Proposals were received from landscaping contractors and the most qualified contractor
has been selected. The annual contract price from the successful contractor, Jensen
Landscape, will be $935,007. Approval of this contract is requested.
8.B
Packet Pg. 112
BACKGROUND
The City of Gilroy has made use of landscape contract maintenance services for more
than fifteen years, adding additional facilities and services to the contract as the city has
grown and constructed additional parks, landscaped roadways, public trails, or other
facilities that have required landscape maintenance services. These routine services
include plant care, tree care, weeds and other pest control, litter pick up, irrigation
maintenance, and general maintenance such as seasonal leaf removal. The five year
City-Wide Park and Landscape maintenance contract has ended and a new contract
needs to be put in place by April 2018.
ANALYSIS AND DISCUSSION
The City of Gilroy is experiencing growth in population and new residential
developments and associated public facilities such as parks and recreational areas. The
City will assume the responsibility of maintaining these new parks and public facilities.
As a result, the current contract scope of services has been increased to include six
new park and landscape maintenance sites. The new landscaped City sites include:
1. Cydney Casper Park next to Las Animas School,
2. Hecker Park Pass on Third Street extension,
3. Village Green mini park at Third and Santa Teresa Blvd,
4. Traffic Circle at Third and Santa Teresa Blvd.,
5. Hecker Pass Linear Park and Class I Bike Trail, and the
6. Hecker Pass Welcome Mini Park at Hecker pass and Santa Teresa Blvd.
In addition, there is increased need to maintain landscaping in water facilities such as
reservoirs, well site, and pump station locations.
A two part RFQ/RFP contractor selection process was used to select the most qualified
and financially responsible contractor. The same process was used in 2012 to solicit
proposals for maintenance services from qualified contractors. In August 2017 a
Request for Qualifications (RFQ) was advertised in the Gilroy Dispatch and San Jose
Mercury News, and on the City’s web site. On September 8, 2017, Request for
Qualification documents was submitted by 8 contractors.
Based on the evaluations of contractor qualification, two separate Requests for
Proposals (RFP) packages were issued to four short listed vendors: one RFP for the
Citywide Landscape maintenance services contract and another for the Community
Facilities District (CFD) maintenance contract. Vendors had the option of submitting
proposals for either the Citywide Landscape maintenance services contract or the
Community Facilities District (CFD) maintenance contract, or both.
Five technical and price proposals were received on November 16, 2017. The proposals
were evaluated by a five person City evaluation committee consisting of a finance
supervisor, a recreation supervisor, and three park staff members. Selection committee
members also evaluated the initial RFQ submittals.
8.B
Packet Pg. 113
A mandatory half-day RFP Preliminary Review Meeting was held at the City Yard with
all RFQ contract finalists on October 26th. The RFP review was followed by site tours of
contractor headquarters and one or more current maintenance reference sites during
November 6-8, 2017. The selection committee held formal contract team interviews on
November 29th at City Hall.
References for each finalist were contacted. The state contract license records of each
finalist were reviewed and company’s workman’s compensation safety record was also
reviewed. The firms were rated using six criteria, including the firms proposed cost of
services, the firm’s ability to provide sufficient resources to meet the needs of the city,
the safety record of each firm, the proximity of each firms resources to the City of
Gilroy’s contract maintenance sites, each firms demonstrated personnel expertise and
experience in providing like services, and comments received from each of the firm’s
references.
Based on the evaluation committee’s review of each proposal, Jensen Landscape is
recommended as the top ranked landscape services contactor. The result of the review
among the top candidates is very close which a sign of competitive service quality and
pricing. The selection committee recognizes that Jensen provided an excellent service
proposal plan, presented the best project contract team, and brought direct contract
work experience history with Gilroy. The proposed annual contract fees under this
proposed agreement is $935,007.
FISCAL IMPACT/FUNDING SOURCE
Prior to 2008, the City-wide Park and landscape contract value was $669,552 per year.
The current amended 2012 contract value for FY 17 is $734,048. The proposed contract
price is $935,007. The following table shows the price breakdown and comparison to
2017 contract prices:
Type of facility/Price
category Number Total Price
2012-2017
2018
Contrac
t 2012-2017 2018 Contract
Sound
walls/Medians/islands 26 36 $ 89,090 $ 213,816
Civic Building/Areas 8 15 $ 50,154 $76,343
Parks 16 20 $ 298,452 $419,314
Downtown (3rd - 8th) 12 16 $ 37,906 $132,614
new sites - ex and new 11 NA $ 69,830 NA
On call services $ 23,440 $38,600
Amendments to original
contract adding several 7 amendments NA $ 165,176
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ongoing services
Downtown flower
baskets; irrigation repair NA $ 54,320
Total contract value $ 734,048 $ 935,007
The contract price reflects the increased scope of services as well as the current market
price for these services. This contract is primarily funded out of the General Fund. The
contract will also provide for landscape maintenance at water supply sites. The price for
the water sites will be $10,260 per year which is an increase of approximately $6,000
per year. Expenditures for Water Division sites are funded by the Water Enterprise Fund
and there are sufficient funds to pay for this additional cost.
BUDGET CONSIDERATION
The FY 18 and FY 19 contractual services budget expenditure is $932,402. While the
city wide landscaping contract is the major expenditure out of this account, this account
will also pay for other contractual services such as park security, rental of additional
park amenities as well as outside maintenance and repair services for park facilities.
Taking into consideration the proposed landscaping contract price, the total estimated
cost for all these costs is approximately $1,065,000. The following table summarizes
funding and cost information:
FY 18 Budget FY 18 Contract Cost Difference
$ 932,402 $ 914,288 $ 18,114
FY 19 Budget FY 19 Contract Cost
$ 932,402 $ 1,065,000 $ (132,598) - Ongoing GF Budget Costs
Given the additional number and type of facilities that need to be serviced through this
contract, and the cost of price escalation, the contractor’s proposed price seems
reasonable. After further review of the adopted budget staff has identified available
funding to absorb the increased amount without necessitating a budget amendment.
CONCLUSION
The City of Gilroy has used contract landscape maintenance services for more than
fifteen years. Currently, the city contracts with BrightView LLC to provide parks and
landscape maintenance. This contract is set to expire on March 31, 2018. Following a
thorough solicitation, review and selection process, the Department of Public Works has
identified Jensen Landscape as the top ranked landscape services contactor. Review of
total estimated costs and available funding indicates that there will be sufficient funds to
pay for these services. Staff is recommending award of the landscape maintenance
contract to Jensen Landscape.
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Attachments:
1. City of Gilroy-Signed City-Wide Contract-18
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Packet Pg. 117 Attachment: City of Gilroy-Signed City-Wide Contract-18 (1513 : Approval of Five Year City-Wide Parks and Landscape Maintenance Contract)
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Packet Pg. 118 Attachment: City of Gilroy-Signed City-Wide Contract-18 (1513 : Approval of Five Year City-Wide Parks and Landscape Maintenance Contract)
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Packet Pg. 119 Attachment: City of Gilroy-Signed City-Wide Contract-18 (1513 : Approval of Five Year City-Wide Parks and Landscape Maintenance Contract)
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Packet Pg. 120 Attachment: City of Gilroy-Signed City-Wide Contract-18 (1513 : Approval of Five Year City-Wide Parks and Landscape Maintenance Contract)
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Packet Pg. 121 Attachment: City of Gilroy-Signed City-Wide Contract-18 (1513 : Approval of Five Year City-Wide Parks and Landscape Maintenance Contract)
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Packet Pg. 122 Attachment: City of Gilroy-Signed City-Wide Contract-18 (1513 : Approval of Five Year City-Wide Parks and Landscape Maintenance Contract)
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Packet Pg. 123 Attachment: City of Gilroy-Signed City-Wide Contract-18 (1513 : Approval of Five Year City-Wide Parks and Landscape Maintenance Contract)
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Packet Pg. 124 Attachment: City of Gilroy-Signed City-Wide Contract-18 (1513 : Approval of Five Year City-Wide Parks and Landscape Maintenance Contract)
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Packet Pg. 125 Attachment: City of Gilroy-Signed City-Wide Contract-18 (1513 : Approval of Five Year City-Wide Parks and Landscape Maintenance Contract)
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Packet Pg. 126 Attachment: City of Gilroy-Signed City-Wide Contract-18 (1513 : Approval of Five Year City-Wide Parks and Landscape Maintenance Contract)
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Packet Pg. 127 Attachment: City of Gilroy-Signed City-Wide Contract-18 (1513 : Approval of Five Year City-Wide Parks and Landscape Maintenance Contract)
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Packet Pg. 128 Attachment: City of Gilroy-Signed City-Wide Contract-18 (1513 : Approval of Five Year City-Wide Parks and Landscape Maintenance Contract)
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Packet Pg. 129 Attachment: City of Gilroy-Signed City-Wide Contract-18 (1513 : Approval of Five Year City-Wide Parks and Landscape Maintenance Contract)
City of Gilroy
STAFF REPORT
Agenda Item Title: Approval of Five Year Community Facilities District (CFD) Parks
and Landscape Maintenance Contract
Meeting Date: January 8, 2018
From: Gabriel Gonzalez, City Administrator
Department: Public Works Department
Submitted By: David Stubchaer
Prepared By: Girum Awoke
Strategic Plan Goals
☐ Financially Sustainable
and High Performing
Livable Community ☐ Grow the Economy
☐ Upgrade Infrastructure ☐ Vibrant Downtown
RECOMMENDATION
Award a contract for Community Facilities District Parks & Landscape Maintenance
Services, Project No. 17-RFP-PW -398, and authorize the City Administrator to execute
a five-year contract in the annual amount of $262,477 with Alpine Landscapes of Gilroy.
EXECUTIVE SUMMARY
The City of Gilroy currently contracts with BrightView LLC to provide landscape
maintenance of three Community Facilities District (CFD) sites. The contract with
BrightView will expire on March 31, 2018. The Department of Public Works put out
solicitation for a new CFD contract in August 2017. After a selection process, Alpine
Landscapes was selected as the most qualified contractor for providing the
landscape maintenance services to best meet the City’s level of service. The proposed
annual contract amount for CFD maintenance is $262,477. There are sufficient funds to
pay for these services through the collection of CFD assessments.
BACKGROUND
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New developments are required to include stormwater runoff Best Management
Practices (BPM) which are mostly landscaped infiltration treatment facilities and control
measures. The most common BMPs in Gilroy are bio-swales and bio-detention basins
for managing stormwater runoff generated by developments. Best maintenance
practice regulations require mechanical and no pesticide control of weeds, rodents and
other vegetation. Manual trash and sediment removal is a routine service requirement
including maintenance reports. In order to effectively manage these Stormwater
management (SWM) treatment areas, Community Facilities District (CFD) sites have
been created.
The Community Facilities District is a financing mechanism for developments that do
not have HOA’s that would otherwise manage development required landscape
elements. As such, the CFD contract cost is heavily impacted by the rigorous, manual
maintenance required for these facilities.
The current contract with BrightView provides landscape maintenance for these three
CFD sites in the city. Eight other park and landscape maintenance CFD sites are under
construction or will soon be constructed and accepted for maintenance within the
maintenance period. The CFD landscapes site maintenance expenses will be paid out
of the CFD fund. Residential properties in the CFD areas are assessed the cost to
maintain sites under the district financing procedures.
ANALYSIS
As part of the CFD maintenance contract selection process, a two part RFQ/RFP was
used, similar to what was done in 2012, to solicit proposals for maintenance services
from qualified contractors. In August of 2017, a Request for Qualifications (RFQ) was
advertised in the Gilroy Dispatch and San Jose Mercury News, and on the City’s web
site. Seven vendors submitted Statement of Qualifications in response to the RFQ. In
October 2017, five vendors were issued Request for Proposal (RFP) packages, based
on their qualifications.
Three of the five top candidates submitted proposals on November 16th. The three
proposals were evaluated by a five person City evaluation committee consisting of a
finance supervisor, a recreation supervisor, and three park staff members. Selection
committee members also evaluated the initial RFQ submittals.
A mandatory half-day RFP Preliminary Review Meeting was held at the City Yard with
all RFQ contract finalists on October 26th. The RFP submittal review was followed by
site tours of contractor headquarters and one or more current maintenance reference
sites during November 6-8, 2017. The selection committee held formal contract team
interviews on November 29th at City Hall.
References for each finalist were contacted. The state contract license records of each
finalist were reviewed and company’s workman’s compensation safety record was
reviewed.
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The firms were rated using six criteria, including the firms proposed cost of se rvices, the
firm’s ability to provide sufficient resources to meet the needs of the city, the safety
record of each firm, the proximity of each firms resources to the City of Gilroy’s contract
maintenance sites, each firms demonstrated personnel expertise and experience in
providing like services, and comments received from each of the firm’s references.
Based on the evaluation committee’s review of each proposal, Alpine Landscape is
recommended as the top ranked landscape services contactor. Alpine Lands cape’s
proposal and references were excellent. They have good staff experience and expertise
with a good training program and safety record. The Selection Committee felt Alpine
provided the best service proposal plan with local staff response, presented th e best
project contract team, and brought excellent stormwater landscape management
experience.
The proposed annual contract fees under this proposed agreement is $262,477.
FISCAL IMPACT/FUNDING SOURCE
The annual cost of contract services for the proposed contract will not exceed the
adopted FY 18 Budget. FY 19 budget will need to be evaluated for the cost of added
sites and add expenditure resources when we can determine when new CFD sites will
need City care. Once this evaluation occurs, the amount of the CFD assessment may
be adjusted to ensure that adequate revenues are generated to support CFD services.
Expenditure budgets are under two CFD funds and accounts 263-2600-0000-4215
(Deer Park) and 266-2600-0000-4215 (City Wide) CFD. There are sufficient funds to
pay for this contract given that the FY 19 expenditure budget for both CFDs is
$322,382.
It is not the intent of this contract to displace any permanent city staff positions. Should
conditions change which would warrant a reduction in services, the scope of this
contract could be reduced with appropriate notice to contractor.
Attachments:
1. Alpine Landscapes vendor signed CFD Contract updated 1 -4-2018
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Packet Pg. 133 Attachment: Alpine Landscapes vendor signed CFD Contract updated 1-4-2018 (1514 : Approval of Five Year Community Facilities District
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Packet Pg. 134 Attachment: Alpine Landscapes vendor signed CFD Contract updated 1-4-2018 (1514 : Approval of Five Year Community Facilities District
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Packet Pg. 135 Attachment: Alpine Landscapes vendor signed CFD Contract updated 1-4-2018 (1514 : Approval of Five Year Community Facilities District
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Packet Pg. 136 Attachment: Alpine Landscapes vendor signed CFD Contract updated 1-4-2018 (1514 : Approval of Five Year Community Facilities District
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Packet Pg. 137 Attachment: Alpine Landscapes vendor signed CFD Contract updated 1-4-2018 (1514 : Approval of Five Year Community Facilities District
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Packet Pg. 138 Attachment: Alpine Landscapes vendor signed CFD Contract updated 1-4-2018 (1514 : Approval of Five Year Community Facilities District
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Packet Pg. 139 Attachment: Alpine Landscapes vendor signed CFD Contract updated 1-4-2018 (1514 : Approval of Five Year Community Facilities District
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Packet Pg. 140 Attachment: Alpine Landscapes vendor signed CFD Contract updated 1-4-2018 (1514 : Approval of Five Year Community Facilities District
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Packet Pg. 141 Attachment: Alpine Landscapes vendor signed CFD Contract updated 1-4-2018 (1514 : Approval of Five Year Community Facilities District
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Packet Pg. 142 Attachment: Alpine Landscapes vendor signed CFD Contract updated 1-4-2018 (1514 : Approval of Five Year Community Facilities District
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Packet Pg. 143 Attachment: Alpine Landscapes vendor signed CFD Contract updated 1-4-2018 (1514 : Approval of Five Year Community Facilities District
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Packet Pg. 144 Attachment: Alpine Landscapes vendor signed CFD Contract updated 1-4-2018 (1514 : Approval of Five Year Community Facilities District
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Packet Pg. 145 Attachment: Alpine Landscapes vendor signed CFD Contract updated 1-4-2018 (1514 : Approval of Five Year Community Facilities District
City of Gilroy
STAFF REPORT
Agenda Item Title: Adoption of an Ordinance of the City Council of the City of Gilroy to
Add to the Gilroy City Code Chapter 30, Article 54 Pertaining to the
Ministerial Approval of Accessory Dwelling Units and Amending the
Gilroy City Code, Chapter 30, Sections 30.2.20, 30.4.10, 30.4.20,
30.5.40, 30.11.10, 30.31.21, 30.39.10, and 30.39.30 (introduced
11/20/17 with a 4-3 vote; Council Members Tovar, Leroe-Munoz
and Tucker voting no)
Meeting Date: January 8, 2018
From: Gabriel Gonzalez, City Administrator
Department: Community Development Department
Submitted By: Kristi Abrams
Prepared By: Kristi Abrams
Strategic Plan Goals
☐ Financially Sustainable
and High Performing
Livable Community ☐ Grow the Economy
☐ Upgrade Infrastructure ☐ Vibrant Downtown
RECOMMENDATION
Motion to adopt an Ordinance of the City Council of the City of Gilroy to Add to the
Gilroy City Code Chapter 30, Article 54 Pertaining to the Ministerial Approval of
Accessory Dwelling Units and Amending the Gilroy City Code, Chapter 30, Sections
30.2.20, 30.4.10, 30.4.20, 30.5.40, 30.11.10, 30.31.21, 30.39.10, and 30.39.30 .
BACKGROUND
At a meeting on November 20, 2017, the City Council voted four to three, with
Councilmembers Leroe-Muñoz, Tovar and Tucker voting no, to introduce an ordinance
amending Chapter 30 of the Gilroy City Code pertaining to accessory dwelling units
(ADUs). The amendment establishes a new article identifying development standards
and review processes specific to ADUs and clean-up of other City Code sections for
consistency with state law.
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Attachments:
1. 11/20/2017 City Council Agenda Report Corrected (report only)
2. Recommended Ordinance
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City of Gilroy
STAFF REPORT
Agenda Item Title: Introduction of an Ordinance of the City Council of the City of Gilroy
to Add to the Gilroy City Code Chapter 30, Article 54 Pertaining to
the Ministerial Approval of Accessory Dwelling Units and Amending
the Gilroy City Code, Chapter 30, Sections 30.2.20, 30.4.10,
30.4.20, 30.5.40, 30.11.10, 30.31.21, 30.39.10, and 30.39.30
(Public hearing held 11/6/17 with a 4-3 vote; Council Members
Tovar, Leroe-Munoz and Tucker voting no)
Meeting Date: November 20, 2017
From: Gabriel Gonzalez, City Administrator
Department: Community Development Department
Submitted By: Kristi Abrams
Prepared By: Susan O'Strander
Strategic Plan Goals
☐ Financially Sustainable
and High Performing
Livable Community ☐ Grow the Economy
☐ Upgrade Infrastructure ☐ Vibrant Downtown
RECOMMENDATION
a) Motion to read the ordinance by title only, and waive further reading; and,
b) Motion to introduce an Ordinance of the City Council of the City of Gilroy to Add to
the Gilroy City Code Chapter 30, Article 54 Pertaining to the Ministerial Approval of
Accessory Dwelling Units and Amending the Gilroy City Code, Chapter 30, Sections
30.2.20, 30.4.10, 30.4.20, 30.5.40, 30.11.10, 30.31.21, 30.39.10, and 30.39.30
EXECUTIVE SUMMARY
The City Council is requested to consider an amendment to Chapter 30 of the Gilroy
City Code pertaining to accessory dwelling units (ADUs). The proposed amendment
establishes a new article identifying development standards and review processes
specific to ADUs, and clean-up of other City Code sections for consistency with state
law.
10.A.a
Packet Pg. 148 Attachment: 11/20/2017 City Council Agenda Report Corrected (report only) (1509 : ADU Ordinance Amendment)
Adoption of the recommended amendment will address an immediate need to ensure
the City Code complies with State law. As directed by City Council, a more
comprehensive review of the City’s ADU standards will be conducted as part of the
comprehensive citywide zoning ordinance update in conjunction with the General Plan
Update process.
BACKGROUND
At a meeting on November 6, 2017, the City Council considered proposed text changes
to bring the City’s regulations into compliance with State legislation pertaining to ADUs.
(see Attachment 1). The Council discussed the proposed changes including the size of
units, potential parking and noise impacts, and maintaining quality of life in the
community.
While some Council members agreed that the current maximum size (i.e. 600 square
feet and 1-bedroom) should not be exceeded, other Council members were supportive
of larger ADUs. A known concern associated with increasing the unit size that staf f
raised is the applicability of impact fees. Specifically, impact fees are currently not
applied to units that are 600 square feet or less. However, full impact fees (of $34,000
to $48,000) would be assessed on ADUs larger than 600 square feet.
Another concern associated with increasing the current ADU size and bedroom count is
the potential to add traffic and parking impacts. Noise is a related concern that may
accompany a possible increase in number of persons living at a particular location.
These impacts were unknown at the time of the November 6th Council meeting as the
size increase was not evaluated under the California Environmental Quality Act
(CEQA). Staff recommended that a more thorough analysis of potential impacts to the
surrounding community and quality of life related to larger ADUs be conducted as part
of a comprehensive zoning ordinance update at a later date.
Clarification during Council’s deliberation also included occupancy of the units.
Specifically, the Mayor indicated it was important to require owner occupancy of one of
units (either the primary residence or ADU). Several Council members agreed that
owner occupancy onsite would help to retain community quality of life. As such, the
following language, shown in underline, has been a dded to the recommended
ordinance under section 30.54.30, Development Standards for Accessory Dwelling
Units:
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Packet Pg. 149 Attachment: 11/20/2017 City Council Agenda Report Corrected (report only) (1509 : ADU Ordinance Amendment)
(a) The accessory dwelling unit must not be intended for sale separate
from the primary residence, but may be rented for periods not less than
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 30 days and stating that either the primary residence or the
accessory dwelling unit must be owner-occupied.
The proposed ordinance clarifies a ministerial review process for ADUs is (i.e. building
permit), which must be approved within 120 days after the City receives the application.
Pursuant to State law, architectural specifications are included in the ordinance
including limited discretionary review, which is allowed for ADUs located within a historic
site or neighborhood combining district.
As directed by staff at the November 6th meeting, staff anticipates presenting the City
Council with a subsequent presentation on an ADU amendment in Spring 2018.
At the November 6th meeting, the City Council, in a vote of 4-3, gave staff direction to
return with the recommended ADU ordinance, with the inclusion of an owner occupancy
requirement.
ALTERNATIVES
The City Council may take action on the recommended ordinance amendment, to
immediately implement ADU standards that are consistent with state regulations. This
is the recommended action.
Alternatively, the City Council may choose to not adopt the proposed recommended
ordinance amendment, which would allow all provisions of SB 1069 and AB 2299 to
remain in effect. This action would result in sections of the City Code remaining out of
compliance and would also allow ADUs up to the maximum extent provided under the
State law (e.g. 1200 square feet in size, up to 35 feet high in R1 and R2 zone districts).
This action is not recommended.
NEXT STEPS
The proposed amendment to Chapter 30 of the Gilroy City Code pertaining to ADUs is
presented to the City Council for introduction at this meeting. Should the City Council
accept the recommended ordinance amendment, the ordinance will be scheduled for
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Packet Pg. 150 Attachment: 11/20/2017 City Council Agenda Report Corrected (report only) (1509 : ADU Ordinance Amendment)
adoption at the next regular meeting on December 4th and will be effective 30 days
thereafter.
Attachments:
1. Zoning Ordinance Amendments in Track Changes
2. Recommended Ordinance
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1
ORDINANCE NO. 2017-XX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GILROY TO ADD TO THE GILROY CITY CODE CHAPTER
30, ARTICLE LIV, PERTAINING TO THE MINISTERIAL
APPROVAL OF ACCESSORY DWELLING UNITS, AND
AMENDING THE GILROY CITY CODE, CHAPTER 30,
SECTIONS 30.2.20, 30.4.10, 30.4.20, 30.5.40, 30.11.10,
30.31.21, 30.39.10, AND 30.39.30, FILED BY THE CITY OF
GILROY, 7351 ROSANNA STREET, GILROY, CA 95020.
WHEREAS, the City of Gilroy has adopted accessory dwelling unit development
standards, currently located at Gilroy City Code, section 30.11.10, subdivision (c),
footnotes 1 and 4; and
WHEREAS, the State adopted Senate Bill (SB) 1069 and Assembly Bill (AB)
2299, effective January 1, 2017, which mandate that cities ministerially approve
accessory dwelling units according to criteria adopted by the city as well as conditions
required by the State; and
WHEREAS, in order to comply with SB 1069 and AB 2299, the proposed
ordinance would add Article LIV to Chapter 30 of the Gilroy City Code, and modify
sections 30.2.20, 30.4.10, 30.4.20, 30.5.40, 30.11.10, 30.31.21, 30.39.10, and 30.39.30
of the Gilroy City Code pertaining to the ministerial approval of accessory dwelling units.
WHEREAS, the Planning Commission of the City of Gilroy has considered the
Zoning Ordinance Amendment request (Z 17-06), in accordance with the Gilroy Zoning
Ordinance, and other applicable standards and regulations; and
WHEREAS, the Planning Commission of the City of Gilroy held a public hearing
on September 7, 2017 to consider the request and reviewed written materials and oral
comments related to the proposed code amendments; and
WHEREAS, the subject Gilroy City Code amendments are covered under
Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines as
an activity that can be seen with certainty to have no possibility for causing a signific ant
effect on the environment; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES
HEREBY ORDAIN AS FOLLOWS:
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SECTION I
Article LIV, “Accessory Dwelling Units” is hereby added to the Gilroy City Code, Chapter
30, and reads as follows:
“ARTICLE LIV. ACCESSORY DWELLING UNITS.
30.54.10 Statement of Intent
The intent of this article is to provide for accessory dwelling units on lots developed or
proposed to be developed with a single-family dwelling. Accessory dwelling units
contribute needed housing to the City of Gilroy’s housing stock and enhance housing
opportunities. An accessory dwelling unit is considered a residential use that is
consistent with the existing general plan and zoning designations for the lot. The
accessory dwelling unit is not included in calculation of residential density for the
purposes of determining general plan conformance.
30.54.20 Reducing Barriers to Constructing Accessory Dwelling Units
The approval of a building permit to construct an accessory dwelling unit shall not be
subject to the following:
(a) No passageway will be required in conjunction with the construction of an accessory
dwelling unit.
(b) An accessory dwelling unit will not be required to provide fire sprinklers unless they
are required for the primary residence.
(c) An accessory dwelling unit will not be subject to any charges and fees other than
building permit fees generally applicable to residential construction in the zone in which
the property is located.
30.54.30 Development Standards for Accessory Dwelling Units
An application for a building permit to construct an accessory dwelling units will be
ministerially approved within 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
residence, but may be rented for periods not less than 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 30 days and stating that either the primary residence or the accessory
dwelling unit must be owner-occupied.
(b) The accessory dwelling unit must be located on a parcel that is designated as an
RR, R1 or RH zoning district, an R2 zoning district if the parcel is currently developed
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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 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
parking spaces that comply with the requirements of Article XXXI, “Off -Street Parking
Requirements.” At least one of these spaces must be covered.
(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
of the City Code. 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 of Chapter 30 of the City Code. 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 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 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 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-bedroom unit with an overall floor
area, garage areas excluded, not to exceed 600 square feet. The floor area of an
attached accessory dwelling unit must not exceed 50 percent of the existing living area
of the single-family unit.
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(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 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 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 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.
(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.
(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 an historic site or
neighborhood combining district will be subject to the design review
procedures set forth in Section 30.27.40 of this Chapter and must be
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5
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 Chap ter 6 of the City
Code, except for those design, zoning, and building standards inconsistent with state
requirements under California Government Code Section 65852.2.
30.54.40 Accessory Dwelling Units Within Existing Single-Family Residences
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
120 days after the City receives the application if the proposed accessory dwelling un it
meets all of the following conditions:
(a) The unit is contained within the existing space of a single -family residence or
accessory structure;
(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 have been approved on the lot.
An accessory dwelling unit meeting the criteria of this section will not be subject to any
additional parking or other development standards.”
SECTION II
Gilroy City Code, Chapter 30, Section 30.2.20, definition of “Accessory dwelling unit” is
hereby amended to read as follows:
“‘Accessory dwelling unit’ means an attached or detached residential dwelling unit that
is located on the same lot as an existing single-family dwelling. The unit must provide
complete independent living facilities for one or more persons, including permanent
provisions for living, sleeping, eating, cooking, and sanitation. An accessory dwelling
unit does not include a truck trailer or recreational vehicle, but does also include the
following:
(a) An efficiency unit, as defined in Section 17958.1 of the California Health and Safety
Code;
(b) A manufactured home, as defined in Section 18007 of the California Health and
Safety Code.”
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SECTION III
Gilroy City Code, Chapter 30, Section 30.2.20, definition of “Accessory building (or
structure)” is hereby amended to read as follows:
“‘Accessory building (or structure)’ means buildings, both permanent and temporary,
excluding accessory dwelling units as defined in this section, which are:
(a) Located on the same lot as the principal building or use;
(b) Subordinate to and serve a principal building or principal use;
(c) Subordinate in area, extent, or purpose to the principal building or principal use; and
(d) Contribute to the comfort, convenience, or necessity of occupants of the principal
building or principal use.”
SECTION IV
Gilroy City Code, Chapter 30, Section 30.4.10, subdivision (d), is hereby amended to
read as follows:
“(d) Density. The maximum density in the A1 agriculture district shall be one (1) dwelling
unit per lot. This density limitation is intended to provide for an average density of less
than one (1) unit per twenty (20) acres.”
SECTION V
Gilroy City Code, Chapter 30, Section 30.4.20, subdivision (d), is hereby amended to
read as follows:
“(d) Density. The maximum density in the RR rural residential district shall be one (1)
dwelling unit per lot. (Accessory dwelling units may be allowed under the regulations
prescribed in Article LIV of this Chapter.) This density limitation is intended to provide
for an average density of one (1) unit per two and one-half (2 1/2) acres.”
SECTION VI
Gilroy City Code, Chapter 30, Section 30.5.40, is hereby amended to read as follows:
“The maximum density in the R1 single-family residential district shall be one (1) single-
family detached unit per lot. (Accessory dwelling units may be allowed under the
regulations prescribed in Article LIV of this Chapter.)”
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SECTION VII
Gilroy City Code, Chapter 30, Section 30.11.10, subdivision (c), is hereby amended to
read as follows:
“(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 C4 C4 C4 C4 C4 C4 *
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Facility
Publicly Owned Building or Facility X X X X X X *
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 Unit X1 X1 X1 X1 *
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 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 Accessory dwelling units 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; a nd
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(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
(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 fam ily 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 perso n 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.
SECTION VIII
Gilroy City Code, Chapter 30, Section 30.31.21 is hereby amended to read as follows:
“Accessory dwelling units
One (1) stall per unit, subject to the restrictions contained in section 30.54.30,
subdivision (e), and section 30.54.40 of this Chapter.
Bed and breakfast establishment
Two (2) stalls, one (1) of which shall be a covered carport or garage, plus one (1)
stall per two (2) guest rooms.
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Multiple-family
One and one-half (1 1/2) stalls per one (1) bedroom or two (2) bedroom dwelling
unit and two (2) stalls for each unit having three (3) or more bedrooms or rooms
which could be used as bedrooms, plus one (1) stall for every four (4) units for
guests. One (1) stall for each unit shall be covered with a garage or carport.
Rooming houses, residence clubs, fraternity and sorority houses
One (1) stall for every two (2) occupants plus four (4) stalls.
Single- and two-family dwellings
Two (2) stalls per dwelling unit, one (1) of which shall be a covered carport or
garage (each space must be at least ten (10) feet by twenty (20) feet).”
SECTION IX
Gilroy City Code, Chapter 30, Section 30.39.10 is hereby amended to read as follows:
“The intent of this article is to provide regulations for building or structures that are not
main building on parcels, excluding accessory dwelling units, in which the principal use
of land does not take place.”
SECTION X
Gilroy City Code, Chapter 30, Section 30.39.30, subdivision (f), is hereby amended to
read as follows:
“(f) Accessory structures shall not be used for dwelling purposes. Applications for a
building permit to construct an accessory dwelling unit is subject to the provisions of
Article LIV of this Chapter.”
PASSED AND ADOPTED this ___th day of October 2017 by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ATTEST:
APPROVED:
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11
Shawna Freels, City Clerk Roland Velasco, Mayor
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City of Gilroy
STAFF REPORT
Agenda Item Title: Appointment of Members to Boards, Commissions and Committees
with Member Terms Expired or Vacant as of 12/31/2017
Meeting Date: January 8, 2018
From: Gabriel Gonzalez, City Administrator
Department: City Clerk
Submitted By: Shawna Freels
Prepared By: Shawna Freels
Strategic Plan Goals
☐ Financially Sustainable
and High Performing
☐ Livable Community ☐ Grow the Economy
☐ Upgrade Infrastructure ☐ Vibrant Downtown
RECOMMENDATION
Appointment of Members to the Bicycle Pedestrian Commission, Building Board of
Appeals, Parks and Recreation Commission, Personnel Commission, Physically
Challenged Board of Appeals and Planning Commission.
BACKGROUND
The City Council held an annual recruitment period for an eight-week period ending
December 5, 2017 to fill seats on 11 Boards, Commissions and Committees with
member terms vacant or expiring as of December 31, 2017. Additionally, one seat on
the Open Government Commission was vacated during this time. At the close of the
application period, the following applications were submitted:
Board/Commission # of seats open # of applications
Arts & Culture Commission 2 seats None
Bicycle Pedestrian Commission 1 seat 1
1) Lionel Gonzalez
Building Board of Appeals 1 seat 1
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1) Patricia Giordano (2nd choice)
Historic Heritage Committee 2 seats None
Housing Advisory Committee 3 seats 2
1) James D. Fay (‘JD”)
2) Lucille Reyes
Library Commission 1 seat None
Parks & Recreation Commission 2 seats 2
1) Carol Marques
2) Julie P. Garcia
Personnel Commission 3 seats 3
1) Nita Edde-Mitchell
2) Catherine Cummins
3) Annie M. Tomasello
Physically Challenged Board of Appeals 2 seats 2
1) Domingo Chavez
2) Martha Johanson
Planning Commission 2 seats 6
1) Patricia Giordano (1st choice)
2) James D Fay (“JD”)
3) Steve Seebart
4) Travis Belanger
5) Sam Kim
6) Tom Fischer
7) Omkar Ranade
Public Art Committee 4 seats 1
1) Judy Bozzo
Open Govt. Commission 1 seat 1
1) James D. Fay (“JD”)
Applicant interviews were held by the City Council on December 11, 2017.The Council
directed staff to extend the recruitment effort for those Boards and Commissions without
sufficient number of applicants, and closed the application period for the policy bodies
with a sufficient number of applicants. The extended recruitment effort will end on
January 16, 2018, and additional applicants will be interviewed by Council on January
22, 2018.
CONCLUSION
Appointments may be made tonight to the following policy bodies:
Bicycle Pedestrian Commission 1 seat 1 applicant
Building Board of Appeals 1 seat 1 applicant
Parks & Recreation Commission 2 seats 2 applicants
Personnel Commission 3 seats 3 applicants
Physically Challenged Board of Appeals 2 seats 2 applicants
Planning Commission 2 seats 7 applicants
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Attachments:
1. Board, Commission, Committee Applications 2018
2. Board-Commission Attendance
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Packet Pg. 185 Attachment: Board, Commission, Committee Applications 2018 (1442 : Board & Commission Appointments)
City of Gilroy Application
for Board, Commission and Committee Appointment
Board/Committee/Commission of Interest: ______________________________________
Name: __________________________________________________________________
Phone number(s) / email address*:___________________________________________
Are you a registered voter within the City limits? Yes_____ No_____
Physical Address*:________________________________________________________
List your qualifications for this appointment: _____________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
List any service to the community including any prior appointments:__________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
What are your goals while serving on this Board/Commission/Committee?: ____________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
Why are you the most qualified to serve on this Board/Commission/Committee?:________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
*All Commission, Board and Committee applications are a public record
Mail or email your application to: Shawna Freels, City Clerk
City of Gilroy
7351 Rosanna Street, Gilroy, CA 95020
shawna.freels@ci.gilroy.ca.us
The City of Gilroy accepts applications at any time and will keep them on file for one year.
Planning Commission
Omkar Ranade
(805) 501-8999/ oranade@gmail.com
X
983 Arapaho Drive
As an individual who both resides and works
within city limits, I want to ensure that our city remains an attractive place to both live and do
business. I am an attorney, licensed with the State Bar of California since 2012 as well as a real
estate broker, licensed with the California Bureau of Real Estate since 2013.
I am currently serving
our country as a Commissioned Officer in the United States Marine Corps Reserve.
I would like to
continue to serve our community to the best of my ability.
I feel that
a combination of my background as an attorney and real estate broker along with the fact
that I am a homeowner and earn a living within Gilroy city limits coupled with my demonstrated
commitment to public service as a Marine Corps Officer make me an ideal candidate.
10.B.a
Packet Pg. 186 Attachment: Board, Commission, Committee Applications 2018 (1442 : Board & Commission Appointments)
MEMBER Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Sally Armendariz P P P P P E E C E P P C P = Present
Barbara Bottini P P P P P P P C p P P C A = Absent (Unexcused)
Bruce Morasca P P E P P E P C p E E C E= Excused
Mattie Scariot E P P P P P P C p P P C
Grace Hernandez P P E P P P P C p E P C C = Meeting was cancelled
Tamura Miguel P P P P P P P C p P E C - = No meeting was scheduled
Suzanne Wood P E P P P P C p P E C
MEMBER Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Chad Reeder P P P P P P P P E P P C
Sean Reedy P P P P P P P P P P P C
Leonardo Gonzalez P P P P P P E P P E P C
Tony Marandos A A P P P P P P P P P C
Zachary Hilton P P P P P P P P P P P C
MEMBER Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
John Almash
Neil Beman
Robert Hyde
Moe McHenry
Metra Valle
MEMBER Jan Feb Mar Apr May June Jul Aug Sep Oct Nov Dec
Sally Armendariz C A P C E C P P C C E -
Marisela Castro C P P C E C P A C C P -
Jesiah Dueñas C P P C P C P P C C P -
Kris Schlenker C P P C P C P P C C P -
Dr. George Vanecek C P P C P C P P C C P -
William "Joey" Weitz C P P C P C E P C C P -
Linda Williams C P P C P C P P C C P
MEMBER Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Steve Ashford (Planning Comm. Rep) -P -----A -A P -
Edith Edde - A -----P -P P -
Paul Kloecker (City Council Rep) - A -----A -P A -
Almendra Perez -P -----P -P P -
Steve Seebart -P -----P -P P -
MEMBER Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Rebeca Armendariz C C A C P P E P P P E P
Elizabeth Bertolone C C E C P P E P P A E P
Jan Bernstein Chargin C C P C P P P P A P P P
Philip Davies C C E C P P P E P E P E
Toby Echelberry C C P C P P P P P E P P
Marlene Gaucin C C P C P P E E A N/A N/A N/A
Reid Lerner C C P C P A P E P P P P
Quency Phillips C C P C E E P A A E N/A N/A
Jaime Rosso C C P C E P P P A A P A
MEMBER Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Rashmi Beman C P P A P P C P E P P C
Michaela Gonzalez C P P A P P C P P P A C
Sumana Reddy C P E P P E C P P P P C
Hugh Smith C P P P P P C P P P P C
Candice Whitney C P P E P E C P P P P C
MEMBER Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Alison Beach P P A A
Janet Espersen A P P N/A
Robert Esposito P P P P
Jon Paul Newland P P P P
James Weaver P P P P
MEMBER Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
John Almash P C P P A P A C P P E C
Terrie Berry P C P P A P P C P P P C
Julie Garcia P C P A P P A C P A P C
Ermelindo Puente P C A P P P P C P P P C
Troy Trede P C P P P A P C P P P C
Patricia Bentson P C P P P P P C P A P C
Vince Monroy N/A P P P P P C A P P C
MEMBER Jan Feb Mar Apr May Jun Jul 24 - Sp*Aug Sep Oct**Nov Dec
Thomas Brewer C P P C C P P C P E C C
Rob Hyde C P P C C P P C A E
Annie Tomasello C P P C C P P C E P C C
Joan Torne P P C C P P C P P C
Linda Weick C P P C C P P C E P C C
MEMBER Jan Feb Mar Apr May Jun July Aug Sep Oct. Nov Dec
Martha Johanson C P C C
Stephanie Okada-McCabe C P C C
Sue Rodriguez C E C C
Marco Machado C P C C
Mercy Mallinedo Goold P C C
MEMBER Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Rebeca Armendariz P P ~C P C ~C P C P C
Steve Ashford P P ~C P C ~C P C P C
Casey Estorga ~P ~C P C ~C P C P C
Tom Fischer P P ~C P C ~C P C P C
Kai Lai P P ~C P C ~C P C P C
Susan Rodriguez P P ~C P C ~C P C P C
Rebecca Scheel ~E ~C P C ~C P C P C
MEMBER Jan*Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Bruce Morasca (A&C rep)C P P P P E E -C C E -
Sam Bozzo C P P P E P P -C C P -
Vacancy --
Melanie Reynisson C N/A P P P P P -C C P -
Debbi Sanchez C P P P P P P -C C P -
Judy Bozzo C P P P P P P -C C P -
Armando Franco C A P P E P P -C C P -
OPEN GOVERNMENT COMMISSION (5 members meet quarterly)
BOARD/COMMISSION/COMMITTEE ATTENDANCE
2017
ARTS AND CULTURE COMMISSION (7 members meet 2nd Tues/5:30)
BICYCLE/PEDESTRIAN COMMISSION (5 members meet 4th Tues/6:00)
N/A = Not a member (Resignation, Term expired, Not yet appointed)
BUILDING BOARD OF APPEALS (5 members meet as needed) (NO MEETINGS IN 2017)
HISTORIC HERITAGE COMMITTEE (5 members)
PARKS & RECREATION COMMISSION (7 members meet 3rd Tues/6:00)
COMMUNITY & NEIGHBORHOOD REVITALIZATION COMMITTEE (7 members meet 3rd Wed/6:45)
2017 PUBLIC ART COMMITTEE (7 members meet 4th Wed/5:30)
PERSONNEL COMMISSION (5 members meet 2nd Mon/5:30)
PHYSICALLY CHALLENGED BOARD OF APPEALS (5 members meet 2nd Tues/10:00am-Jan/April/July/Oct)
PLANNING COMMISSION (7 members meet 1st Thurs/6:30)
HOUSING ADVISORY COMMITTEE (9 members meet 2nd Wed/6:00)
LIBRARY COMMISSION (5 members meet 2nd Wed/7:00)
10.B.b
Packet Pg. 187 Attachment: Board-Commission Attendance (1442 : Board & Commission Appointments)
City of Gilroy
STAFF REPORT
Agenda Item Title: Declaration of a Vacancy on the City Council and Consideration of
Filling Said Vacancy Until a Successor is Elected at the Next
General Municipal Election of November 6, 2018
Meeting Date: January 8, 2018
From: Gabriel Gonzalez, City Administrator
Department: City Clerk
Submitted By: Shawna Freels
Prepared By: Shawna Freels
Strategic Plan Goals
☐ Financially Sustainable
and High Performing
☐ Livable Community ☐ Grow the Economy
☐ Upgrade Infrastructure ☐ Vibrant Downtown
RECOMMENDATION
Adoption of a Resolution of the City Council of the City of Gilroy Declaring a Vacancy in
the Office of City Council; and
a) Direct staff to post a notice of intention to fill a vacancy on the Gilroy Cit y Council
and advertise for applications to fill the vacancy for appointment on February 5,
2018; or,
b) Motion to appoint a member to fill the vacancy until a successor is elected at the
next general municipal election of November 6, 2018
BACKGROUND
Following the unfortunate passing of Council Member Paul Kloecker on December 15,
2017, his Council seat with a term ending in November, 2020 has become vacant. In
accordance with Charter Section 406 “Vacancies” the Council shall declare the
existence of a vacancy and shall fill the vacancy by appointment. In the event the
Council fails to fill the vacancy by appointment within thirty (30) days, it shall cause an
election to be held to fill such vacancy.
Charter:
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“A vacancy in an elective office, from whatever cause arising, shall be filled by
appointment by the Council, such appointee to hold office until the first Tuesday
following the next general municipal election and until his successor qualifies. At
the next general municipal election following any vacancy, a successor shall be
elected to serve for the remainder of any unexpired term.
The Council shall declare the existence of any vacancy. In the event the Council
shall fail to fill a vacancy by appointment within thirty (30) days after such an
office shall have become vacant, it shall forthwith cause an election to be held to
fill such vacancy.”
Historically, there have been various options chosen by the City Council in appointing to
fill a vacant seat on Council following an election, such as: selecting the candidate
during the last election with the next highest number of votes, taking applications from
interested persons to fill the open seat, and appointing an individual without application.
Here is a synopsis of past appointments following an election:
December, 1962 - Chester Eckard was appointed to serve in Kenneth Petersen’s
seat on Council when Kenneth was appointed as Mayor to finish a term vacated
when the Mayor was elected to the County Board of Supervisors. Chester had
been on the Planning Commission, but had not run for City Council.
November, 1983 - Jack Pate was appointed to Council when Roberta Hughan
was elected Mayor. Though he was a former City Council Member, Jack had not
run for office in 1983. Charles Larson, Jr. had also shown an interest in the seat,
and was the candidate with the next highest number of votes during the 1983
election.
November, 1997 - Lisabeth Gifford was appointed to Council when Mike Gilroy
was elected Mayor. She had run for Council during the 1997 election and was
the candidate with the next highest number of votes.
January, 2016 – Daniel Harney was appointed to serve in Council Member Perry
Woodward’s seat when Perry was appointed as Mayor to serve in a seat vacated
by Mayor Don Gage. Applications were taken during a 3 week recruitment period
and extensive interviews were conducted.
December, 2016 – Daniel Harney was appointed to the Council when Council
Member Roland Velasco was elected Mayor. He was appointed without an
application or interview process.
FISCAL IMPACT/FUNDING SOURCE
If the Council chooses to forgo an appointment, causing a special election to fill the
seat, costs to hold a stand-alone special election are estimated at over $300,000.
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CONCLUSION
The City Council has the options of appointing a member to Council at this meeting,
opening a recruitment period to take applications for appointment at your February 5,
2018 regular meeting, or taking no action, causing a special election to occur.
PUBLIC OUTREACH
If the Council wishes to open a recruitment period, a draft application has been
prepared to assist in this effort, with a proposed application period of January 9, 2018 to
January 30, 2018. Any recruitment to fill this vacant seat will be publicized on the city
website, channel 17, through all city social media outlets and will be posted within city
offices.
Attachments:
1. City Council Application 2018
2. Resolution Declaring Vacant City Council Seat v1
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COMPLETED AND SIGNED APPLICATION MUST BE FILED WITH THE CITY CLERK BY:
JANUARY 30, 2018 AT 5:00 P.M.
APPLICATION FOR APPOINTMENT TO THE GILROY CITY COUNCIL
This application is to fill a vacancy on the Gilroy City Council until the next successor is elected
following the certification of the November 6, 2018 election . This application and all supporting
material is a public document. It may be reviewed by any member of the public upon request after the
close of the application pe riod. Only Gilroy registered voters who have submitted a complete
application with all requisite material by the deadline will be considered for appointment.
Name
Residence Address
Mailing Address (if different)
E-mail
Home Phone Daytime Phone
Are you currently a registered voter and a resident of the City of Gilroy?
Years of Residence in the City
Please answer the following questions on a separate sheet(s) of paper.
1. Why are you interested in this position and why should you be appointed to the City Council?
2. What has been your previous involvement with the City of Gilroy? Have you ever held public
office, or served as a city commissioner in Gilroy or another city?
3. W hat are the key issues you see facing our community? Why do you think these are the key
issues?
4. Please provide any education and professional background that you be lieve would be relevant
to serving as a Council Member.
5. Do you have any additional specialized training or other qualifications that would be important
for the City Council to consider?
DATE/TIME REC’D: 11.A.a
Packet Pg. 191 Attachment: City Council Application 2018 (1515 : 2018 Council Vacancy)
6. Are you aware of the time commitment and the responsibilities associated with serving as a
Council Member and are you prepared to serve without reservation?
7. Part of the role of a Council Member includes serving as a liaison to various City committees
and other public agencies such as the Gilroy Downtown Business Association, Santa Clara
County Library Joint Powers Authority, Gilroy Economic Development Corporation and VTA .
Do you have a specific interest or area of expertise that wou ld qualify you to represent the City
in this type of role?
8. Is it your intention to serve only for a single year, or are you interested in running for election?
9. Serving on the City Council requires you to annually file a Fair Political Practices Commission
Statement of Economic Interests (FPPC Form 700), a public document in which you disclose
your financial interests. The law and ethics prohibit Council Members from participating in and
voting on matters in which they may have a direct/indirect financial interest. Are there any
potential conflicts which may develop from your occupation or other financial interests in
relation to your responsibilities as a member of the Council?
To be appointed to the Council you must be a registered voter residing within the City limits at
the time of submitting this application, and while serving on the City Council.
To be considered for appointment you must submit these items in original copy:
1. City Council appointment application with any supplemental material attached
2. FPPC Form 700 (Fair Political Practices Commission Statement of Economic Interests)
FILING DEADLINE: JANUARY 30, 2018 AT 5:00 P.M.
Mail to arrive by the deadline, or provide these items in person to:
Gilroy City Clerk’s Office
City Hall, 7351 Rosanna Street
Gilroy, CA. 95020
I _______________________________ swear/affirm that the foregoing information is true and
correct.
Applicant’s Signature Date
11.A.a
Packet Pg. 192 Attachment: City Council Application 2018 (1515 : 2018 Council Vacancy)
RESOLUTION NO. 2018-XX
RESOLUTION 2018-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY DECLARING A VACANCY IN THE OFFICE OF
CITY COUNCIL
WHEREAS, Paul V. Kloecker was elected to the Gilroy City Council for a 4-year term at a
duly called and ordered General Municipal Election held in the City on November 8, 2016; and
WHEREAS, Council Member Kloecker passed away on December 15, 2017; and
WHEREAS, a vacancy of one (1) seat in the office of City Council of the City of Gilroy
exists as a result of the passing of Council Member Kloecker, effective January 8, 2018; and
WHEREAS, the Charter of the City of Gilroy Section 406 governs the process to fill a
vacancy in the office of City Council through the appointment process; and
WHEREAS, in the event the Council fails to fill the vacancy by appointment within thirty
(30) days after the office becomes vacant, it shall cause an election to be held to fill such vacancy.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF GILROY:
1. That the Council hereby declares a vacancy in the office of City Council as of January 8,
2018.
2. That, pursuant to the Charter of the City of Gilroy Section 406, the member of the Council
who fills said vacancy shall serve until the next General Municipal Election to be held on
November 6, 2018 is certified, when a City Council Member shall be elected to serve for
the remaining 2 years of the vacant 4-year term, ending November, 2020.
PASSED AND ADOPTED by the City Council of the City of Gilroy on this 8th day of
January, 2018, by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
11.A.b
Packet Pg. 193 Attachment: Resolution Declaring Vacant City Council Seat v1 (1515 : 2018 Council Vacancy)
RESOLUTION NO. 2018-XX
ABSENT: COUNCILMEMBERS: NONE
APPROVED:
_____________________________________
Roland Velasco, Mayor
ATTEST:
____________________________________
Shawna Freels, City Clerk
11.A.b
Packet Pg. 194 Attachment: Resolution Declaring Vacant City Council Seat v1 (1515 : 2018 Council Vacancy)
City of Gilroy
STAFF REPORT
Agenda Item Title: Consideration of a Recommendation from the Open Government
Commission to Amend Gilroy City Code Section 17A.24.3.b
Related to the Disclosure of Bid Records
Meeting Date: January 8, 2018
From: Gabriel Gonzalez, City Administrator
Department: City Clerk
Submitted By: Shawna Freels
Prepared By: Shawna Freels
Jolie Houston
Strategic Plan Goals
☐ Financially Sustainable
and High Performing
☐ Livable Community ☐ Grow the Economy
☐ Upgrade Infrastructure ☐ Vibrant Downtown
RECOMMENDATION
a) Motion to read the ordinance by title only and waive further reading; and,
b) Motion to introduce an ordinance of the City Council of the City of Gilroy
amending Gilroy City Code Section 17A.24.3.b related to the disclosure of Bid
Records.
BACKGROUND
Gilroy City Code section 17A.24, part of the City’s Open Government Ordinance
(“OGO”), specifies the records and information of the City that must be disclosed and
provided for public inspection. Subsection 17A.24 (3) (b) identifies that contractor
records including bids, requests for proposals (“RFPs”) and scoring records are
disclosable public records, including the names of scorers, graders or evaluators.
At their September 28, 2017 regular meeting the Open Government Commission
evaluated the issue of disclosing the names of scorers, graders or evaluators and
11.B
Packet Pg. 195
recommended amendments to subsection 17A.24 (3) (b) to remove language which
would provide identification of evaluators.
The Commission’s concern is for the protection of evaluators as disclosing names may
stymie an accurate evaluation, or discourage staff and outside evaluators from
participating in the process of bid evaluation.
CONCLUSION
The Open Government Commission is presenting a code amendment to the Council,
and has recommended that the Council consider introducing the ordinance amendment
at this evening’s meeting.
Attachments:
1. Ordinance Chapter 17A 24 Bids - OGO v1
11.B
Packet Pg. 196
ORDINANCE NO. 2017-XX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GILROY AMENDING GILROY CITY CODE CHAPTER 17A,
SECTION 17A.24 (3) (b) PERTAINING TO GAINING ACCESS TO
CONTRACT, BID AND PROPOSAL RECORDS
WHEREAS, Gilroy City Code, Chapter 17A, Section 17A.24, part of the City’s Open
Government Ordinance (“OGO”), specifies the records and information of the City that must be
disclosed and provided for public inspection; and,
WHEREAS, Subsection 17A.24 (3) (b) of the Gilroy City Code identifies that contractor
records including bids, requests for proposals (“RFPs”) and scoring records are disclosable public
records, including the names of scorers, graders or evaluators; and
WHEREAS, ; and
WHEREAS, on September 28, 2017, the Open Government Commission evaluated the issue of
disclosing the names of scorers, graders or evaluators and recommended amendments to subsection
17A.24 (3) (b) to remove language which would provide identification of evaluators, for their
protection; and
WHEREAS, on November 20, 2017, the City Council reviewed the Open Government
Commission’s recommendations and considered adoption of the amendment; and
WHEREAS, the subject ordinance amendment is covered under Section 15061(b)(3) o f the
California Environmental Quality Act (CEQA) Guidelines as an activity that can be seen with certainty
to have no possibility for causing a significant effect on the environment.
Now, therefore, the City Council of the City of Gilroy does hereby ordain as follows:
SECTION I
Gilroy City Code, Chapter 17A, Section 17A.24 subsection (3) (b) is hereby amended to read as
follows:
(3) Contracts, Bids and Proposals.
b. Contracts, contractors’ bids, responses to requests for proposals and all other records of
communications between the department and persons or firms seeking contracts shall be open to
inspection immediately after a contract has been awarded. Nothing in this provision requires the
disclosure of a private person’s or organizations net worth or other proprietary financial data submitted
for qualification for a contract or other benefit. All bidders and contractors shall be advised that
information provided which is covered by this section will be made available to the public upon
11.B.a
Packet Pg. 197 Attachment: Ordinance Chapter 17A 24 Bids - OGO v1 (1473 : Bid PRA Records)
2
ORDINANCE NO. 2017-XX
request. Immediately after any review or evaluation or rating of responses to a RFP has been
completed, evaluation forms and score sheets and any other documents used by persons in the RFP
evaluation or contractor selection process shall be available for public inspection. The names of
scorers, graders or evaluators, along with their individual ratings, comments, and score sheets or
comments on related documents, shall be made immediately available after the review or evaluation of
a RFP has been completed.
SECTION III
If any section, subsection, subdivision, sentence, clause or phrase of this Ordinance is for any reason
held to be unconstitutional or otherwise void or invalid by any court of competent jurisdiction, such
decision shall not affect the validity of the remaining portions of this Ordinance. The City Council
hereby declares that it would have passed this Ordinance and each section, subsection, subdivision,
sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsecti ons,
subdivisions, sentences, clauses or phrases be declared unconstitutional.
SECTION IV
Pursuant to section 608 of the Charter of the City of Gilroy, this ordinance shall be in full force and
effect thirty (30) days from and after the date it is adopted.
PASSED AND ADOPTED this day of January, 2018, by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
APPROVED:
_________________________
Roland Velasco, Mayor
ATTEST:
_______________________________
Shawna Freels, City Clerk
11.B.a
Packet Pg. 198 Attachment: Ordinance Chapter 17A 24 Bids - OGO v1 (1473 : Bid PRA Records)