HomeMy WebLinkAbout03/05/2018 City Council - Regular Meeting Agenda Packet
March 12, 2018 2:33 PM City Council Regular Meeting Agenda Page1 MAYOR
Mayor Roland Velasco
COUNCIL MEMBERS
Marie Blankley
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, MARCH 5, 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 lands on the first day of the month not a holiday, Friday, Saturday or
Sunday.
City Council Regular Meeting Agenda
03/5/2018 Page2 KNOW YOUR RIGHTS UNDER THE GILROY OPEN GOVERNMENT ORDINANCE
Government's duty is to serve the public, reaching its decisions in full view of the public.
Commissions, task forces, councils and other agencies of the City exist to conduct the
people's business. This ordinance assures that deliberations are conducted before the
people and that City operations are open to the people's review.
FOR MORE INFORMATION ON YOUR RIGHTS UNDER THE OPEN
GOVERNMENT ORDINANCE, TO RECEIVE A FREE COPY OF THE ORDINANCE
OR TO REPORT A VIOLATION OF THE ORDINANCE, CONTACT THE OPEN
GOVERNMENT COMMISSION STAFF AT (408) 846-0204 or
shawna.freels@cityofgilroy.org
I. OPENING
A. Call to Order
1. Pledge of Allegiance
2. Invocation
3. City Clerk's Report on Posting the Agenda
4. Roll Call
B. Orders of the Day
C. Employee Introductions
II. CEREMONIAL ITEMS
A. Proclamations, Awards, and Presentations
1. Proclamation Naming the Month of March Youth Arts Month
2. Proclamation Naming the Week of March 12, 2018 Science Fair Week
III. 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.)
City Council Regular Meeting Agenda
03/5/2018 Page3 IV. REPORTS OF COUNCIL MEMBERS
Council Member Bracco –Santa Clara Co. Library JPA, SCRWA Board, Street
Naming Committee, SC Valley Joint Water Resources Committee, 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, Recycling and Waste Commission
Council Member Blankley - Gilroy Sister Cities Association, HSR Sub-Committee, SC
Valley Joint Water Resources Committee, SCRWA Board, South County United for
Health, Street Naming Committee
Mayor Pro Tempore Harney – Gilroy Downtown Business Association, Gilroy Gardens
Board, Santa Clara Valley Habitat Agency Governing and Implementation Boards,
Santa Clara Valley Clean Energy Authority, VTA Board (Alternate), VTA Policy Advisory
Committee
Council Member Tovar – Santa Clara Co. Expressway Plan Advisory Board, SCRW A
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.,
Silicon Valley Regional Interoperability Authority (SVRIA), VTA Mobility Partnership
Mayor Velasco – Gilroy Youth Task Force, Economic Development Corporation Board,
General Plan Advisory Committee, Historic Heritage Committee, South County Youth
Task Force Policy Team, South County Joint Planning Advisory Committee , VTA South
County City Group, URM Task Force
V. FUTURE COUNCIL INITIATED AGENDA ITEMS
VI. CONSENT CALENDAR (ROLL CALL VOTE)
All matters listed under the Consent Calendar are considered by the City Council to be routine
and will be enacted by one motion. There will be no separate discussion of these items unless a
request is made by a member of the City Council or a member of the public. Any person desiring
to speak on any item on the consent calendar should ask to have that item removed from the
consent calendar prior to the time the Council votes to approve. If removed, the item will be
discussed in the order in which it appears.
A. Claim of Monica Kirk (The City Administrator recommends a “yes” vote
under the Consent Calendar shall constitute the denial of the claim)
B. Notice of Acceptance of Completion for Property Improvement Agreement
2012-03, Harvest Park Tract 9950
C. A Resolution of the City Council of the City of Gilroy Supporting Tourism in
the Hecker Pass Corridor
VII. BIDS AND PROPOSALS
City Council Regular Meeting Agenda
03/5/2018 Page4 A. Bid Award to Larry S. Kent, Inc. dba Kent Construction in the Amount of
$247,000 for the Construction of Christopher High School Aquatic Shade
Structure, Project No. 18-PW-244; and Approval of $54, 413 for Special
Inspections to Comply with State of California Division of State Architect
1. Staff Report: Girum Awoke, Public Works Director
2. Public Comment
3. Possible Action:
a) Approval of a contract with Larry S. Kent, Inc., doing business as Kent
Construction, in the amount of $247,000 for the construction of the
Christopher High School Aquatic Shade Structure, Project No. 18 -PW -244,
approve a contingency amount $24,700, and authorize the City Administrator
to execute the contract; and
b) Approve costs in the amount of $54,413 associated with mandatory California
Division of the State Architect’s (DSA) material testing and special inspections
requirements.
B. Award of Bid to Owen Equipment in the Amount of $321,000 for the
Purchase of a Street Sweeper
1. Staff Report: Girum Awoke, Public Works Director
2. Public Comment
3. Possible Action:
Award contract to Owen Equipment for the purchase of an Elgin Road Wizard
Street Sweeper using the cooperative purchasing agreement with the National
Joint Powers Alliance in an amount not to exceed $321,000.
C. Award of a Construction Contract to Insituform Technologies, LLC in the
Amount of $220,799.00 for the Sewer Rehabilitation First Street Project No.
17-PW-235
1. Staff Report: Girum Awoke, Public Works Director
2. Public Comment
3. Possible Action:
Award construction contract to Insituform Technologies, LLC in the amount of
$220,799.00 for the Sewer Rehabilitation First Street Project No. 17-PW -235,
approval of a contingency of $22,079.90, and authorize the City Administrator to
execute the contract.
D. Contract Amendment with CSG Consultants in the Amount of $950,000 for
Engineering Plan Review, Construction Inspection, Transportation and
Capital Project Services
City Council Regular Meeting Agenda
03/5/2018 Page5 1. Staff Report: Girum Awoke, Public Works Director
2. Public Comment
3. Possible Action:
Approve an amendment to the agreement with CSG Consultants
in the amount of $950,000 for engineering plan review,
construction inspection, transportation and capital project
implementation support services.
E. Approval of an Amendment to the Agreement with Regional Government
Services Authority (RGS) Consultants in the Amount of $200,000 to Provide
Staff Augmentation for Planning and Housing and Community
Development Projects
1. Staff Report: Kristi Abrams, Community Development Director
2. Public Comment
3. Possible Action:
Approval of an Amendment to the Agreement with RGS in the Amount of
$200,000 to provide staff augmentation for Planning and Housing and
Community Development projects.
VIII. PUBLIC HEARINGS
A. Introduction of an Ordinance of the City Council of the City of Gilroy
Adding Section 30.38.270 to the Gilroy City Code Entitled Protected Tree
Removal
1. Staff Report: Kristi Abrams, Community Development Director
2. Open Public Hearing
3. Close Public Hearing
4. 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
adding Section 30.38.270 to the Gilroy City Code Entitled Protected Tree
Removal
IX. UNFINISHED BUSINESS - NONE
X. INTRODUCTION OF NEW BUSINESS - NONE
XI. CITY ADMINISTRATOR'S REPORTS
XII. CITY ATTORNEY'S REPORTS
XIII. CLOSED SESSION
City Council Regular Meeting Agenda
03/5/2018 Page6 A. CONFERENCE WITH NEGOTIATOR – COLLECTIVE BARGAINING UNIT
Pursuant to Government Code Section 54957.6 and Gilroy City Code
Section 17A.11 (4) Collective Bargaining Unit: Local 2805, IAFF Fire Unit
Representing Gilroy Fire Fighters; City Negotiators: Gabriel Gonzalez, City
Administrator; LeeAnn McPhillips, HR Director; Anticipated Issues(s)
Under Negotiation: Wages, Hours, Benefits, Working Conditions;
Memorandum of Understanding: MOU between the City of Gilroy and the
Gilroy Fire Fighters
B. CONFERENCE WITH NEGOTIATOR - COLLECTIVE BARGAINING UNIT
Pursuant to Government Code Section 54957.6, Gilroy City Code Section
17A.11 (4) Collective Bargaining Unit: Gilroy Police Officers Association,
Inc. Representing Gilroy Police Officers; City Negotiators: Gabriel
Gonzalez, City Administrator; LeeAnn McPhillips, HR Director; Anticipated
Issues(s) Under Negotiation: Wages, Hours, Benefits, Working Conditions;
Memorandums of Understanding: MOU Between City of Gilroy & Gilroy
Police Officers
1. Public Comment on Closed Session
2. Adjourn to Closed Session
ADJOURN TO OPEN SESSION
Report of any action taken in Closed Session and vote or abstention of each
Councilmember if required by Government Code Section 54957.1 and Gilroy Code
Section 17A.13 (a); Public Report of the vote to continue in closed session if required
under Gilroy Code Section 17A.11 (5)
ADJOURNMENT
ADJOURNMENT
MEETING DATES
MEETING DATES
MARCH, 2018
5* Regular Meeting - 6:00 p.m., City Council Chambers
19* Regular Meeting - 6:00 p.m., City Council Chambers
APRIL, 2018
2* Regular Meeting - 6:00 p.m., City Council Chambers
16* Regular Meeting - 6:00 p.m., City Council Chambers
MAY, 2018
7* Regular Meeting - 6:00 p.m., City Council Chambers
21* Regular Meeting - 6:00 p.m., City Council Chambers
Proclamation of the City of Gilroy
WHEREAS, the City of Gilroy is committed to supporting the arts to
help inspire and prepare students for success in the 21st century as they develop
to become productive, contributing members of a strong community; and,
WHEREAS, we share the vision of ensuring that students have access
to high-quality arts education that is culturally-relevant and inclusive, in all
forms, as part of a comprehensive education that sparks curiosity, imagination,
creativity and joy; and,
WHEREAS, Artspiration is a county-wide arts education initiative
focused on professional development, student engagement, and advocacy and
communication; and,
WHEREAS, arts-learning strategies and arts integration help teachers
to recognize and build upon critical thinking skills, curiosity, flexibility,
communication, innovation, collaboration and are the traits required for post-
secondary and workplace success; and,
WHEREAS, each March, Arts Education is celebrated in local
schools, schools districts, community arts organizations and larger communities.
NOW, THEREFORE, I, Roland Velasco, Mayor of the City of
Gilroy, on behalf of the entire City Council, do hereby recognize the month of
March as
Youth Arts Month
to celebrate students’ artistic creativity and joy found through artistic expression.
_____________________
Mayor Roland Velasco
2.A.1
Packet Pg. 7 Communication: Proclamation Naming the Month of March Youth Arts Month (Proclamations, Awards, and Presentations)
Proclamation of the City of Gilroy
WHEREAS, the Santa Clara Valley Science and Engineering Fair
Association, educators, judges and a host of dedicated volunteers will host the Synopsys
Silicon Valley Science and Engineering Championship, an exciting Science and
Engineering Fair, the 14th and 15th of March, 2018, and
WHEREAS, this Science and Engineering Fair will be held for the benefit of
our young people, their parents, teachers and the communities of Santa Clara County to
stimulate interest in the various aspects of sciences and engineering, and
WHEREAS, this event will direct public attention towards the fields of science
and engineering by setting aside a time for creative participation on the part of all
interested students.
NOW, THEREFORE, I, Roland Velasco, Mayor of the City of Gilroy, on
behalf of the entire City Council, do hereby proclaim the week of March 12th, 2018, as
SCIENCE FAIR WEEK
within our City and hereby urge all residents, particularly young people, to take part in
the observation of this inspiring and rewarding event.
_____________________
Mayor Roland Velasco
2.A.2
Packet Pg. 8 Communication: Proclamation Naming the Week of March 12, 2018 Science Fair Week (Proclamations, Awards, and Presentations)
City of Gilroy
STAFF REPORT
Agenda Item Title: Claim of Monica Kirk (The City Administrator recommends a “yes”
vote under the Consent Calendar shall constitute the denial of the
claim)
Meeting Date: March 5, 2018
From: Gabriel Gonzalez, City Administrator
Department: Human Resources Department
Submitted By: LeeAnn McPhillips
Prepared By: LeeAnn McPhillips
Strategic Plan Goals
☐ Financially Sustainable
and High Performing
☐ Livable Community ☐ Grow the Economy
☐ Upgrade Infrastructure ☐ Vibrant Downtown
RECOMMENDATION
Denial of the claim of Monica Kirk.
EXECUTIVE SUMMARY
Based on the recommendation from Municipal Pooling Authority (MPA) and/or legal
counsel, the following claim is submitted to the City Council for rejection at the M arch 5,
2018 meeting:
Claim of Monica Kirk
Attachments:
1. Claim of Monica Kirk
6.A
Packet Pg. 9
6.A.a
Packet Pg. 10 Attachment: Claim of Monica Kirk (2018-16 : Claim of Monica Kirk)
6.A.a
Packet Pg. 11 Attachment: Claim of Monica Kirk (2018-16 : Claim of Monica Kirk)
6.A.a
Packet Pg. 12 Attachment: Claim of Monica Kirk (2018-16 : Claim of Monica Kirk)
6.A.a
Packet Pg. 13 Attachment: Claim of Monica Kirk (2018-16 : Claim of Monica Kirk)
6.A.a
Packet Pg. 14 Attachment: Claim of Monica Kirk (2018-16 : Claim of Monica Kirk)
6.A.a
Packet Pg. 15 Attachment: Claim of Monica Kirk (2018-16 : Claim of Monica Kirk)
6.A.a
Packet Pg. 16 Attachment: Claim of Monica Kirk (2018-16 : Claim of Monica Kirk)
6.A.a
Packet Pg. 17 Attachment: Claim of Monica Kirk (2018-16 : Claim of Monica Kirk)
6.A.a
Packet Pg. 18 Attachment: Claim of Monica Kirk (2018-16 : Claim of Monica Kirk)
6.A.a
Packet Pg. 19 Attachment: Claim of Monica Kirk (2018-16 : Claim of Monica Kirk)
City of Gilroy
STAFF REPORT
Agenda Item Title: Notice of Acceptance of Completion for Property Improvement
Agreement 2012-03, Harvest Park Tract 9950
Meeting Date: March 5, 2018
From: Gabriel Gonzalez, City Administrator
Department: Public Works Department
Submitted By: Girum Awoke
Prepared By: Jorge Duran
Jorge Duran
Strategic Plan Goals
☐ Financially Sustainable
and High Performing
Livable Community ☐ Grow the Economy
☐ Upgrade Infrastructure ☐ Vibrant Downtown
RECOMMENDATION
Approve the Notice of Acceptance of Completion for Property Improvement Agreement
2012-03, Harvest Park Tract No. 9950.
BACKGROUND
The applicant received Tentative Map and Architectural and Site approval for a
Neighborhood District Planned Unit Development to develop the proposed project site
on October 1, 2012. The Harvest Park, Tract 9950 project is a 36 acre, 92 lot (91 single
family lots and 1 multifamily lot) development. [Reference: Resolution No. 2012-42, TM
12-01 & Resolution No. 2012-43 A/S-PUD 12-04]
In 2013 the applicant, Civic Ranch Meadows, LLC, entered into a partial assignment of
Property Improvement Agreement 2012-03, to D.R. Horton Bay Inc., for the 91 single
family residential lots portion of the project, Parcel Nos: 790 -06-016, 032, and 033.
6.B
Packet Pg. 20
The developer, D.R. Horton Bay Inc., has paid plan check and inspection fees,
submitted bonding and insurance for the above referenced Property Improvement
Agreement and Tract Map.
DISCUSSION
The developer, D.R Horton Bay, Inc., requests a reduction of Tract 9950 Faithful
Performance and Payment Bonds to a Maintenance Security which is 10% of the bond
value for the 91 single family residential lots improvement bond. This would reduce the
security from $4,540,585.50 to $454,059. The original security provided for 100% of the
estimated construction cost to cover materials, equipment, and payroll.
The public improvements are fully complete and the Notice of Completion document is
ready for acceptance and recordation with Santa Clara County. Attachment 2 is the
Notice of Completion. Recordation of the Notice of Completion shortens the deadline
for a mechanics lien to 60 days for a prime contractor and 30 days for subcontractors.
Once the deadlines for mechanics liens established by the recording of the Notice of
Completion has passed, the City can reduce the bonding requirements to 0% for
payment bonds, and reduce the performance bond to 10% of construction costs during
the maintenance/warranty period. Acceptance of the tract improvements will start the
maintenance/warranty period.
All public improvements and the single family residential portion of the project has been
completed to the satisfaction of the City of Gilroy. All punch list items have been
completed and City inspectors have reviewed and approved the construction for the
above referenced Property Improvement Agreement and Tract Map. The project’s
actual improvement costs have been reviewed to ensure that the Maintenance Security
amount covers any anticipated issues with the completed improvements.
FINANCIAL IMPACT
There are no financial impacts with this action.
Attachments:
1. Exh 1 Vicinity Map
2. Exh 2 Notice of Completion
3. Exh 3 PIA
4. Exh 4 Assign PIA
6.B
Packet Pg. 21
6.B.a
Packet Pg. 22 Attachment: Exh 1 Vicinity Map (2018-17 : Harvest Park Acceptance)
6.B.b
Packet Pg. 23 Attachment: Exh 2 Notice of Completion (2018-17 : Harvest Park Acceptance)
6.B.b
Packet Pg. 24 Attachment: Exh 2 Notice of Completion (2018-17 : Harvest Park Acceptance)
6.B.c
Packet Pg. 25 Attachment: Exh 3 PIA (2018-17 : Harvest Park Acceptance)
6.B.c
Packet Pg. 26 Attachment: Exh 3 PIA (2018-17 : Harvest Park Acceptance)
6.B.c
Packet Pg. 27 Attachment: Exh 3 PIA (2018-17 : Harvest Park Acceptance)
6.B.c
Packet Pg. 28 Attachment: Exh 3 PIA (2018-17 : Harvest Park Acceptance)
6.B.c
Packet Pg. 29 Attachment: Exh 3 PIA (2018-17 : Harvest Park Acceptance)
6.B.c
Packet Pg. 30 Attachment: Exh 3 PIA (2018-17 : Harvest Park Acceptance)
6.B.c
Packet Pg. 31 Attachment: Exh 3 PIA (2018-17 : Harvest Park Acceptance)
6.B.c
Packet Pg. 32 Attachment: Exh 3 PIA (2018-17 : Harvest Park Acceptance)
6.B.c
Packet Pg. 33 Attachment: Exh 3 PIA (2018-17 : Harvest Park Acceptance)
6.B.c
Packet Pg. 34 Attachment: Exh 3 PIA (2018-17 : Harvest Park Acceptance)
6.B.c
Packet Pg. 35 Attachment: Exh 3 PIA (2018-17 : Harvest Park Acceptance)
6.B.c
Packet Pg. 36 Attachment: Exh 3 PIA (2018-17 : Harvest Park Acceptance)
6.B.c
Packet Pg. 37 Attachment: Exh 3 PIA (2018-17 : Harvest Park Acceptance)
6.B.c
Packet Pg. 38 Attachment: Exh 3 PIA (2018-17 : Harvest Park Acceptance)
6.B.c
Packet Pg. 39 Attachment: Exh 3 PIA (2018-17 : Harvest Park Acceptance)
6.B.c
Packet Pg. 40 Attachment: Exh 3 PIA (2018-17 : Harvest Park Acceptance)
6.B.c
Packet Pg. 41 Attachment: Exh 3 PIA (2018-17 : Harvest Park Acceptance)
6.B.c
Packet Pg. 42 Attachment: Exh 3 PIA (2018-17 : Harvest Park Acceptance)
6.B.c
Packet Pg. 43 Attachment: Exh 3 PIA (2018-17 : Harvest Park Acceptance)
6.B.c
Packet Pg. 44 Attachment: Exh 3 PIA (2018-17 : Harvest Park Acceptance)
6.B.c
Packet Pg. 45 Attachment: Exh 3 PIA (2018-17 : Harvest Park Acceptance)
6.B.c
Packet Pg. 46 Attachment: Exh 3 PIA (2018-17 : Harvest Park Acceptance)
6.B.d
Packet Pg. 47 Attachment: Exh 4 Assign PIA (2018-17 : Harvest Park Acceptance)
6.B.d
Packet Pg. 48 Attachment: Exh 4 Assign PIA (2018-17 : Harvest Park Acceptance)
6.B.d
Packet Pg. 49 Attachment: Exh 4 Assign PIA (2018-17 : Harvest Park Acceptance)
6.B.d
Packet Pg. 50 Attachment: Exh 4 Assign PIA (2018-17 : Harvest Park Acceptance)
6.B.d
Packet Pg. 51 Attachment: Exh 4 Assign PIA (2018-17 : Harvest Park Acceptance)
6.B.d
Packet Pg. 52 Attachment: Exh 4 Assign PIA (2018-17 : Harvest Park Acceptance)
6.B.d
Packet Pg. 53 Attachment: Exh 4 Assign PIA (2018-17 : Harvest Park Acceptance)
City of Gilroy
STAFF REPORT
Agenda Item Title: A Resolution of the City Council of the City of Gilroy Supporting
Tourism in the Hecker Pass Corridor
Meeting Date: March 5, 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
Adoption of a resolution of the City Council of the City of Gilroy supporting tourism in the
Hecker Pass Corridor.
BACKGROUND
At its January 8, 2018 Council meeting, staff requested that an item on the consent
calendar be pulled for additional analysis. While understanding the intent of the original
resolution, staff had concerns with the language in the resolution, which pertained to
streamlining City approvals and permitting for the Hecker Pass area. Staff was
concerned the language intended to emphasize all development within the Hecker Pass
corridor as priority projects, which could result in reduced customer service and
processing development applications throughout the remaining areas of the City.
Since the January meeting, staff worked closely with Jane Howard, President of the
Gilroy Welcome Center, to develop language that expressed the desire to highlight the
importance of the Hecker Pass corridor area, similar to the downtown, without resulting
in direction that could have negative consequences elsewhere.
6.C
Packet Pg. 54
DISCUSSION
The City has consistently envisioned Gilroy’s economy to include a prosperous and
diversified business community, by providing both jobs and financial resources to
support a high quality of life for residents. Tourism is an important part of that economic
vision and the Gilroy Welcome Center strives to attract visitors by marketing amenities
and services to make their stay uniquely enjoyable to the area.
With the successful marketing by the Gilroy Welcome Center, Gilroy is expanding from
a regional day visitor approach to a destination location with a geographic reach
requiring overnight visitors.
The proposed resolution would memorialize Council’s support to increase 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.
The resolution also encourages marketing of the Hecker Pass Corridor as a visitor
destination requiring tourism strategies to position and name the location. Finally, the
resolution demonstrates Council desire to implement efficient City approval and
timeliness processes within the City Limits of the Hecker Pass Corridor. Staff
recommends approval of the resolution.
Attachments:
1. Resolution Supporting Tourism on Hecker Pass
6.C
Packet Pg. 55
RESOLUTION NO. 2018-XX
RESOLUTION NO. 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 Council of the City of Gilroy
hereby:
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.: “Historic Solis
Valley located along Hecker Pass Highway.”
3. Implements efficient city approval and timeliness processes within the City Limits
of the Hecker Pass Corridor while recognizing the unique vision and design
themes of the Hecker Pass Specific Plan.
6.C.a
Packet Pg. 56 Attachment: Resolution Supporting Tourism on Hecker Pass (2018-18 : Hecker Pass Visitor Reso)
RESOLUTION NO. 2018-XX
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 on this 5th day of March, 2018 by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
APPROVED:
________________________
Roland Velasco, Mayor
ATTEST:
__________________________
Shawna Freels, City Clerk
6.C.a
Packet Pg. 57 Attachment: Resolution Supporting Tourism on Hecker Pass (2018-18 : Hecker Pass Visitor Reso)
City of Gilroy
STAFF REPORT
Agenda Item Title: Bid Award to Larry S. Kent, Inc. dba Kent Construction in the
Amount of $247,000 for the Construction of Christopher High
School Aquatic Shade Structure, Project No. 18-PW -244; and
Approval of $54, 413 for Special Inspections to Comply with State
of California Division of State Architect
Meeting Date: March 5, 2018
From: Gabriel Gonzalez, City Administrator
Department: Public Works Department
Submitted By: Girum Awoke
Prepared By: Girum Awoke
Julie Behzad
Strategic Plan Goals
☐ Financially Sustainable
and High Performing
Livable Community ☐ Grow the Economy
☐ Upgrade Infrastructure ☐ Vibrant Downtown
RECOMMENDATION
a) Approval of a contract with Larry S. Kent, Inc., doing business as Kent
Construction, in the amount of $247,000 for the construction of the Christopher
High School Aquatic Shade Structure, Project No. 18-PW -244, approve a
contingency amount $24,700, and authorize the City Administrator to execute the
contract; and
b) Approve costs in the amount of $54,413 associated with mandatory California
Division of the State Architect’s (DSA) material testing and special inspections
requirements.
BACKGROUND
This project was initially approved in the Fiscal Year (FY) 2014 Capital Improve ment
Program and additional funding was included for the second phase of the project in the
7.A
Packet Pg. 58
FY 17/18 Capital Improvement Program (CIP). The construction of shade structures at
the City of Gilroy’s Aquatic Center (located in Christopher High School) will drastically
reduce Ultra Violet (UV) sun exposure to children, families, and City staff while creating
a safer and enjoyable environment.
The Christopher High School Aquatic Shade Structure Project was originally part of the
Senior Center and Aquatics Center Improvements Project, which was advertised for bid
on June 12, 2015. While the Senior Center shade structure was completed in 2016, the
Aquatic Center shade structure was not constructed due to design changes that
originated from the California Division of the State Architect’s (DSA) review of the
project.
All design changes have now been completed and the necessary permits obtained to
move forward with the installation of the shade structure at the Aquatics Center. The
scope of this project includes installing two-barrel vault shelters, three cantilever
octagon structures for the Aquatics Center, and civil engineering necessary for the
project. The shade structures have been purchased separately by the City per Council
approval of the California Multiple Award Schedules (CMAS) Shade Structure Purchase
Contract with NSP3 on July 1, 2015. The equipment is currently being stored at the City
of Gilroy Corporation Yard.
ANALYSIS
Staff has been working collaboratively with Gilroy Unified School District (GUSD) and
the City of Gilroy Recreation Department to complete the project this fiscal year while
pools are closed for winter. The project was advertised for bid on January 18, 2018. The
project was advertised in local newspapers as well as forwarded to ARC/ plan rooms. A
mandatory pre-bid conference was held on January 9, 2018 at Christopher High School
Aquatic Center. Representatives from four contractors attended the meeting.
Bid Results
The project bid was opened on January 9, 2018, and only one bid was received,
submitted by Kent Construction in the amount of $247,000.
Even though this bid is higher than the engineer’s estimate of $190,000 and only one
bid was received, staff recommends awarding the construction contract to Kent
Construction for the following reasons:
1) Due to the current bidding climate, and due to the level of construction activity in
the region, the industry is seeing considerably higher construction bids than the
engineer’s estimate. The bid price is indicative of the current construct ion market
which has seen an increase in bid prices of 20 -30%. This bid is 30% higher than
the engineer’s estimate.
2) Based on review of past performance, Kent Construction has completed a
number of comparable projects, for various school district sites, successfully on
time and within budget.
7.A
Packet Pg. 59
3) Drawings and specifications for the project were approved and stamped by the
DSA on July 19, 2016; this approval was valid for one year. The City of Gilroy
and Gilroy Unified School District requested a one-year extension of plans and
specifications for constructing shade structures which was granted. If the
construction contract is not awarded at this time, there is no guarantee that the
DSA approval will be extended another year causing uncertainty in the project.
4) Recreational pools are closed during winter and spring season which makes it
ideal to install the shade structure during this period. Otherwise, the pools will
have to be closed for weeks during construction.
5) In order to obtain DSA approval, specialized inspection and certification needs to
be performed.
This project is estimated to begin mid-March 2018 and be completed by the end of May
2018.
ALTERNATIVES
One alternative is rejecting the current bid and re-advertising the project. However, the
following need to be considered:
1) The additional cost and time to apply for a new approval from DSA or requesting
another extension of the DSA project approval (if granted)
2) Continuing the maintenance of equipment being stored at Gilroy Corporation Yard,
which is prone to wear and tear
3) There will be a gap in service and loss of revenue associated with the closing of the
pools during construction if the project is not completed by the end of May 2018
For the above reasons, staff recommends that this bid be approved an d the contract
awarded to Kent Construction.
FISCAL IMPACT/FUNDING SOURCE
The total project cost of $326,113 includes the base bid amount ($247,000), plus 1) 10
percent construction contingency ($24,700) to account for unforeseen conditions or
necessary field changes in the scope of work, 2) approximately $30,413 for material
testing required by DSA, 3) $9,000 for special inspections required by DSA, and 4)
$15,000 for construction support, including the agreements with BCA, the Architecture
of Record and structural engineer oversight required by DSA.
The current FY 18 budgeted amount for the construction of this project is $238,545.
Working with Finance, staff was able to identify additional funding sources for this
project including:
$22,536.52 in the Public Facilities account previously dedicated for
improvements in the Christopher High School aquatic center
7.A
Packet Pg. 60
$9,000 + $3,382 carryover (for a total of $13,916) from a “BANS Refinance
Surplus” account which can only be used for improvements in Christopher Hi gh
School and the aquatic center
$50,755 carryover from a previous phase of the shade structure project that was
completed in 2016; this funding is also rom a “BANS Refinance Surplus” account
which can only be used for improvements in Christopher High Scho ol and the
aquatic center.
PUBLIC OUTREACH
Public Works staff has been working with Gilroy Unified School District and the City’s
Recreation Department and will continue to assist in future public outreach efforts
including notifications via newsletter and email blast. This project will also be posted on
the City’s website and updates will be provided via the department’s social media page.
Attachments:
1. Kent construction contract
7.A
Packet Pg. 61
7.A.a
Packet Pg. 62 Attachment: Kent construction contract (1555 : Christopher High School Aquatic Shade Structure Construction Bid Award)
7.A.a
Packet Pg. 63 Attachment: Kent construction contract (1555 : Christopher High School Aquatic Shade Structure Construction Bid Award)
7.A.a
Packet Pg. 64 Attachment: Kent construction contract (1555 : Christopher High School Aquatic Shade Structure Construction Bid Award)
7.A.a
Packet Pg. 65 Attachment: Kent construction contract (1555 : Christopher High School Aquatic Shade Structure Construction Bid Award)
City of Gilroy
STAFF REPORT
Agenda Item Title: Award of Bid to Owen Equipment in the Amount of $321,000 for the
Purchase of a Street Sweeper
Meeting Date: March 5, 2018
From: Gabriel Gonzalez, City Administrator
Department: Public Works Department
Submitted By: Girum Awoke
Prepared By: Girum Awoke
Jerry Salazar
Strategic Plan Goals
☐ Financially Sustainable
and High Performing
☐ Livable Community ☐ Grow the Economy
Upgrade Infrastructure ☐ Vibrant Downtown
RECOMMENDATION
Award contract to Owen Equipment for the purchase of an Elgin Road Wizard Street
Sweeper using the cooperative purchasing agreement with the National Joint Powers
Alliance in an amount not to exceed $321,000.
BACKGROUND
The purchase of the street sweeper was approved as part of the City’s FY 2017-2018
budget by the City Council on June 5, 2017. The current street sweeper is 23 years old
and is in need of replacement. On December 12, 2008 the California Air Resources
Board (CARB) approved the truck and bus regulation to significantly reduce the
particulate matter (PM) and oxides of nitrogen emissions from existing diesel vehicles
operating in California. In order to comply with the new regulation, operators had two
options: retrofit or replace the existing vehicle(s). Fleet researched the option to retrofit
the vehicle to meet the new standards only to find that the auxiliary engine that powers
the sweeper is obsolete with no available retrofit. Under the truck and bus regulation for
Low-Use Vehicle Exemption, staff was allowed to use the vehicle, but with an annual
restriction of 80 hours. This limited use affected the amount of time the sweeper could
be utilized.
7.B
Packet Pg. 66
Both the Streets/Waste Water and Water Sections of Public Works use the sweeper.
The purchase of a new sweeper, which complies with all CARB (tier 4) regulations, will
be a replacement vehicle and will maintain the existing fleet compliment.
DISCUSSION
On December 4, 2017, Council unanimously approved the adoption of Resolution
Number 2017-39 authorizing the City Administrator to enter into an agreement with the
National Joint Powers Alliance (NJPA) to take advantage of the nationally leveraged
and competitively solicited purchasing contracts.
The City utilized the purchasing power of NJPA contract # 022014-FSC as allowed by
the City’s purchasing policy. The City has used NJPA in the past for purchasing. NJPA
completes all of the required research, advertising, and competitive processes aligned
with the City of Gilroy purchasing policy. The bid requests were sent by the City of
Gilroy to three vendors for NJPA pricing and Owen Equipment was the lowest bid .
There are no local vendors in Gilroy or Morgan Hill that supply this type of equipment.
The cost for the new Elgin Road Wizard Street Sweeper is $321,000.00. This is a
competitive price available to public agencies through the NJPA process.
Staff researched the option to purchase of an alternative fuel (compressed natural gas)
sweeper which would allow for funding through grants offered by the Bay Area Air
Quality Management District. The price of an alternative fueled sweeper is $398,145.35
and the grant would only allow an assistance of $14,661.82, reducing the cost of the
sweeper to $383,483.53. In addition, mechanically alternative fuel vehicles require
specialized training for routine and major maintenance. Another concern is the City
does not have its own CNG fueling station. The additional expense was deemed cost
prohibitive and staff does not recommend this option.
HUMAN RESOURCES IMPACT
Purchasing the Elgin Road Wizard Street Sweeper will provide Public Works staff the
necessary equipment to more efficiently perform their jobs maintaining the City’s
infrastructure than with the current sweeper’s limited hours of operation . If approved,
Fleet staff will complete the purchasing, outfitting, and deployment of the new
equipment and will also perform the routine maintenance of the vehicles.
FISCAL IMPACT/FUNDING SOURCE
The City’s budget for the Fiscal Year 2017-2018, Fleet Fund includes $64,240 in Street
Dept. and $256,800 from Water Dept. for purchase of the Elgin Road Wizard Street
Sweeper in the amount of $321,000.
NEXT STEPS
With Council’s approval, staff will move forward and purchase the Elgin Road Wizard
7.B
Packet Pg. 67
Street Sweeper for Public Works Operations. Owen’s Equipment requires a six-month
lead-time for delivery to the City and, once delivered, the equipment will be deployable
in about one week.
Attachments:
1. Street Sweeper bid - Owen Equip
2. Street Sweeper bid - Legacy Equip
3. Street Sweeper bid - Haaker Equip
7.B
Packet Pg. 68
Presents a Proposal Summary
Road Wizard
Road Wizard Street Sweeper with Dual Side Brooms
For
Gilroy Roadwizard
NJPA Contact #022014‐FSC www.njpacoop.org
7.B.a
Packet Pg. 69 Attachment: Street Sweeper bid - Owen Equip (2018-19 : Purchase of one new Elgin Road Wizard Street Sweeper)
PRODUCT DESCRIPTION
· Conveyor Squeegee, dual, hydraulically driven side brooms, variable height, right side dumping hopper. Sweeper is powder coated from
powder coatings chart 2003/N with powder coated gray undercarriage.
STANDARD FEATURES
· Aux-engine;
· Two-stage dry type with restriction indicator (at engine) and precleaner
· Broom side, 46 "steel vertical digger 4 or 5 segment
· Broom side, hydraulic floating suspension, hydraulic deploy
· Broom, main, 34" diameter, 60" wide prefab disposable
· Camera, Rear with in-cab monitor
· Conveyor chain, hardened with polyurethane sprockets
· Conveyor, 11 flight squeegee with rubber edging
· Conveyor, lift independent from main broom
· Conveyor, three piece replaceable wear plates
· Conveyor flush out system
· Conveyor rasie in reverse
· Conveyor stall alarm
· Dirt shoes, heavy duty single row carbide steel (rubber isolated)
· Electric backup alarm
· Engine, sweeper, diesel, tier 4 FINAL, 74 HP
· Hopper inspection door
· Hopper, 5.4 cu yd. with window and skylight
· Hopper up visual audible indicator
· Hopper, variable high dump, 10', 5.4 yard
· Hose, hydrant fill, 16'8" (5080 mm) with strainer and coupling
· Hydraulic oil level gauge w/ external thermometer and in-cab level light
· Lights, automatic backup
· Lights, combination tail/stop, separate amber signal
· Lights, flood light, one per broom (3)
· Manuals, operator and parts
· Rear broom cover and anti-carryover wrap
· Rear broom spray bar
· Rear right hand flood light
· Reflectors, set of 2
· Sidebroom speed control, external to cab
· Sweep resume / raise in reverse
· Tactile controls for all sweep functions
· Tool storage
· Variable speed brooms (external)
· Water fill, anti-siphon
· Water level indicator in-cab
· Water Pump, electric diaphragm
· Water tank, molded polyethylene, 360 gallon total nominal capacity
· Sweeper Painted Standard White
· Chassis Painted Standard White
· Red Logo
ADDITIONAL FEATURES
· Right and Left Hand Heated and Remote Controlled Mirrors
· Left Hand Fender Mounted Mirror
· PM-10 Complaint
· Extended Sidebroom Reach Right Hand
· Sidebroom Tilt Option Right Hand
· Sidebroom Tilt Option Left Hand
7.B.a
Packet Pg. 70 Attachment: Street Sweeper bid - Owen Equip (2018-19 : Purchase of one new Elgin Road Wizard Street Sweeper)
· Carbide Double Row Rubber Mounted Dirt Shoes
· Lifeliner Hopper System
· Washdown System
· Hydrant Wrench
· Package 1: Single Rear/Single Hopper Beacon; LED with Guard
· Package A: LED Stop/Tail/Turn Lights
· Package B: Rear Mounted Arrowstick
· (4) LED Work Lights
. 2018 Freightliner M2 Chassis Duel steering
. Inspection trip to Elgin
· Sweeper Service Manual
NJPA Total:
Tax 9%
NJPA With Tax Delivered to Gilroy
$293,910.00
$26,451.90
$320,361.90
THE PROPERTY HEREIN IS GUARANTEED BY MANUFACTURER'S WARRANTY ONLY AND SELLER MAKES NO
WARRANTY EXPRESSED OR IMPLIED, OF MERCHANTABILITY OR OTHERWISE, OR OF FITNESS FOR ANY PARTICULAR PURPOSE, THAT EXTENDS BEYOND THE ABOVE DESCRIPTION OF THE EQUIPMENT.
NOTE: Price is good for 60 Days. Cost increases due to the addition of Government mandated safety or
environmental devices incurred after the date of this proposal, will be charged to you at our cost. Proof of such
costs, if any, will be documented.
TAXES: SALES TAX applicable at time of delivery will be shown on our invoice. FEDERAL EXCISE TAXES,
if applicable, will require payment unless a properly executed Exemption Certificate is submitted.
DELIVERY: 150-180 Days TERMS: Net 10 or Approved Lease
.
If you have any questions please give me a call at (916) 947-0986.
Sincerely,
Michael Kennedy
Michael Kennedy / Sales Representative
7.B.a
Packet Pg. 71 Attachment: Street Sweeper bid - Owen Equip (2018-19 : Purchase of one new Elgin Road Wizard Street Sweeper)
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STANDARD FEATURES:
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7.B.b
Packet Pg. 72 Attachment: Street Sweeper bid - Legacy Equip (2018-19 : Purchase of one new Elgin Road Wizard Street Sweeper)
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ADDITIONAL FEATURES:
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,QFOXGHVGHOLYHU\WR*LOUR\6KRS
7.B.b
Packet Pg. 73 Attachment: Street Sweeper bid - Legacy Equip (2018-19 : Purchase of one new Elgin Road Wizard Street Sweeper)
4XRWHLVYDOLGIRUGD\V
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7.B.b
Packet Pg. 74 Attachment: Street Sweeper bid - Legacy Equip (2018-19 : Purchase of one new Elgin Road Wizard Street Sweeper)
2070 North White Avenue, La Verne, California 91750
(909) 598-2706 ~ FAX (909) 598-1427 ~ haaker.com
PROPOSAL
October 25, 2017
Mr. Jerry Salazar
Mr. Bill Avila
CITY OF GILROY
7351 Rosanna Street
Gilroy CA 95020
Dear Mr. Salazar and Mr. Avila,
Haaker Equipment is pleased to offer the City of Pasadena, the opportunity to purchase an Elgin
Roadwizard Sweeper via the NJPA Cooperative Purchasing Agreement – Contract #022014-FSC.
ONE ELGIN ROADWIZARD SWEEPER
Conveyor Squeegee, dual, hydraulically driven side brooms, variable height, right side dumping
hopper. Sweeper is powder coated from powder coatings chart 2003/N with powder coated gray
undercarriage.
Standard Options Included
Aux-engine;
· Two-stage dry type with restriction indicator (at engine)
and precleaner
· Broom side, 46 "steel vertical digger 4 or 5 segment
· Broom side, hydraulic floating suspension, hydraulic
deploy
· Broom, main, 34" diameter, 60" wide prefab disposable
· Camera, Rear with in-cab monitor
· Conveyor chain, hardened with polyurethane sprockets
· Conveyor, 11 flight squeegee with rubber edging
· Conveyor, lift independent from main broom
· Conveyor, three-piece replaceable wear plates
· Conveyor flush out system
· Conveyor raise in reverse
· Conveyor stall alarm
· Dirt shoes, heavy duty single row carbide steel (rubber
isolated)
· Electric backup alarm
· Engine, sweeper, diesel, tier 4 FINAL, 74 HP
· Hopper inspection door
· Hopper, 5.4 cu yd. with window and skylight
· Hopper up visual audible indicator
· Hopper, variable high dump, 10', 5.4 yard
· Hose, hydrant fill, 16'8" (5080 mm) with strainer and
coupling
· Hydraulic oil level gauge w/ external thermometer and
in-cab level light
· Lights, automatic backup
· Lights, combination tail/stop, separate amber signal
· Lights, flood light, one per broom (3)
· Manuals, operator and parts
· Rear broom cover and anti-carryover wrap
· Rear broom spray bar
· Rear right-hand flood light
· Reflectors, set of 2
· Sidebroom speed control, external to cab
· Sweep resume / raise in reverse
· Tactile controls for all sweep functions
· Tool storage
· Variable speed brooms (external)
7.B.c
Packet Pg. 75 Attachment: Street Sweeper bid - Haaker Equip (2018-19 : Purchase of one new Elgin Road Wizard Street Sweeper)
· Water fill, anti-siphon
· Water level indicator in-cab
· Water Pump, electric diaphragm
· Water tank, molded polyethylene, 360-gallon total
nominal capacity
· Sweeper Painted Standard White
· Chassis Painted Standard White
· Red Logo
Additional Options Included:
· Right and Left Hand Heated and Remote Controlled
Mirrors
· Left Hand Fender Mounted Mirror
· PM-10 Complaint
· Extended Sidebroom Reach Right Hand
· Sidebroom Tilt Option Right Hand
· Sidebroom Tilt Option Left Hand
· Carbide Double Row Rubber Mounted Dirt Shoes
· Life liner Hopper System
· Wash down System
· Hydrant Wrench
· Package 1: Single Rear/Single Hopper Beacon; LED
with Guard
· Package A: LED Stop/Tail/Turn Lights
· Package B: Rear Mounted Arrowstick
· (4) LED Work Lights
. 2018 Freightliner M2 Chassis Duel steering
. Inspection trip to Elgin
· Sweeper Service Manual
NJPA Unit Price: .................................................................................... $ 295,410.00
Sales Tax (9%) .................................................................................... $ 26,586.90
DELIVERED PRICE, FOB GILROY, CA:....................................... $ 321,996.90
THE PROPERTY HEREIN IS GUARANTEED BY MANUFACTURER'S WARRANTY ONLY AND SELLER MAKES
NO WARRANTY EXPRESSED OR IMPLIED, OF MERCHANTABILITY OR OTHERWISE, OR OF FITNESS FOR
ANY PARTICULAR PURPOSE, THAT EXTENDS BEYOND THE ABOVE DESCRIPTION OF THE EQUIPMENT.
NOTE: Price is good for 60 Days. Cost increases due to the addition of Government mandated safety
or environmental devices incurred after the date of this proposal, will be charged to you at our cost.
Proof of such costs, if any, will be documented.
TAXES: SALES TAX applicable at time of delivery will be shown on our invoice. FEDERAL
EXCISE TAXES, if applicable, will require payment unless a properly executed Exemption Certificate
is submitted.
DELIVERY: 150-180 Days TERMS: Net 10 or Approved Lease
Thank you for your consideration. Please do not hesitate to contact me if you have any further
questions. I can be reached at 909 721-7639.
Sincerely,
Matt Muinch
Matt Muinch
Sales Representative
7.B.c
Packet Pg. 76 Attachment: Street Sweeper bid - Haaker Equip (2018-19 : Purchase of one new Elgin Road Wizard Street Sweeper)
City of Gilroy
STAFF REPORT
Agenda Item Title: Award of a Construction Contract to Insituform Technologies, LLC
in the Amount of $220,799.00 for the Sewer Rehabilitation First
Street Project No. 17-PW -235
Meeting Date: March 5, 2018
From: Gabriel Gonzalez, City Administrator
Department: Public Works Department
Submitted By: Girum Awoke
Prepared By: Girum Awoke
Christine Salmo
Strategic Plan Goals
☐ Financially Sustainable
and High Performing
☐ Livable Community ☐ Grow the Economy
☐ Upgrade Infrastructure ☐ Vibrant Downtown
RECOMMENDATION
Award construction contract to Insituform Technologies, LLC in the amount of
$220,799.00 for the Sewer Rehabilitation First Street Project No. 17 -PW -235, approval
of a contingency of $22,079.90, and authorize the City Administrator to execute the
contract.
BACKGROUND
This project is part of City of Gilroy’s adopted CIP, Project Number CM-2018-11. The
existing 8-inch Vitrified Clay Sewer pipe (VCP) conveys wastewater flows from the inter-
City residential and commercial dwellings along First Street. An inspection performed
by a City maintenance crew indicated deteriorating conditions of this line. The
investigation also indicated that upgrades to the existing sewer line were required to
safely convey flows and accommodate the planned growth in the City.
PROJECT DESCRIPTION
7.C
Packet Pg. 77
The project involves rehabilitation of the existing sewer main along First Street, in the
City of Gilroy. The project implements trenchless technology known as Cure in Place
Pipe Lining (CIPP). The design engineer from Blair Church and Flynn chose CIPP to
minimize the impact to the local residents, businesses and commuters along First
Street. The rehabilitation project extends approximately 3,000 linear feet (LF) along the
existing 8-inch VCP between Monterey Street and Wayland Lane. Work also includes
the rehabilitation of 9 existing manholes and the replacement of 2 others.
Bid Results
The project was advertised in the Gilroy Dispatch and San Jose Mercury News, as well
as on eBidBoard (an electronic plan room). Plans and specifications were sent to 17
plan rooms.
Project bids were opened January 31, 2018, and 2 bids were received. The 2 bids
received were as follows, listed in order from lowest to highest bid amount:
RANK COMPANY NAME BID AMOUNT
1 Insituform Technologies, LLC $220,799.00
2 Michels Corporation $239,075.00
The lowest responsive bidder is Insituform Technologies with a base bid of
$220,799.00. The Engineer’s Estimate for the base bid was $403,000.00. Following
discussions with the lowest bidder and further review of the bid prices versus the
Engineers’ Estimate, the biggest discrepancy is with the unit cost for the type of sewer
line pipe and the curing process for the pipe. The contractors are proposing to use a
steam cure for the liner pipe, which is cheaper and quicker than a water cure that was
assumed in the Engineer Estimate. The other cost item was in the temporary handling
of wastewater flows in which the engineers estimate was much higher than the b id
prices from both contractors.
FISCAL IMPACT/FUNDING SOURCE
The fiscal impact from awarding this project includes the construction bid amount of
$220,799, plus a 10% construction contingency in the amount of $22,079, totaling
$242,878. In the CIP, the Sewer Enterprise Fund has funds budgeted in the amount of
$250,000. The contingency amounts are intended to account for unforeseen conditions
or necessary field changes in the scope of work as submitted to the Council for
consideration.
PUBLIC OUTREACH
In a separate effort previously approved by Council, a consulting firm (TRC, doing
business as Caltrop) has been hired to assist with public outreach efforts with the First
Street water line upgrades, sewer line rehabilitation and road resurfacing project s. To
date several notifications have been provided to the public through the City website and
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social media. Before and during construction, TRC will provide construction notices,
create fact sheets, provide social media content, door hangers, fliers, or p ostcard for
project updates, and banners that remind residents that businesses are “Open during
Construction”. Postcards will be mailed to residential units and businesses within a ¼
mile radius of the project area prior to the start of construction. TRC will also manage a
toll-free construction helpline during construction.
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City of Gilroy
STAFF REPORT
Agenda Item Title: Contract Amendment with CSG Consultants in the Amount of
$950,000 for Engineering Plan Review, Construction Inspection,
Transportation and Capital Project Services
Meeting Date: March 5, 2018
From: Gabriel Gonzalez, City Administrator
Department: Public Works Department
Submitted By: Girum Awoke
Prepared By: Girum Awoke
Gary Heap
Strategic Plan Goals
☐ Financially Sustainable
and High Performing
☐ Livable Community ☐ Grow the Economy
Upgrade Infrastructure ☐ Vibrant Downtown
RECOMMENDATION
Approve an amendment to the agreement with CSG Consultants in
the amount of $950,000 for engineering plan review, construction
inspection, transportation and capital project implementation support
services.
EXECUTIVE SUMMARY
The Land Development, Transportation and Capital Projects groups in the Department
of Public Works have experienced challenges related to vacancies and staff turnover
coupled with increased development activities, increased transportation issues, and
implementation of a number of new capital projects.
To meet the operational needs of the department, CSG Consultants (CSG) has
provided support in engineering, construction and project management activities. Staff
is requesting Council’s approval for paying outstanding invoices in the amount of
$950,000 for services rendered from August 2017 thru the end of February 2018. The
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services will be paid out of Plan Check and inspection fee as well as capital projects
expense accounts.
BACKGROUND
Following a Request for Proposals solicitation in 2015, a shortlist of engineering
consultants was developed to provide on-call engineering and professional services.
CSG Consultants (CSG) was originally contracted to assist the Engineering Divisio n
with the review of public improvement plans and City Surveyor services.
In addition to providing off-site plan review, land surveying and engineering services off -
site, CSG consultants was one of the first shortlisted consultants that was ready and
willing to assist with in-house staff augmentation support. When the City’s Traffic
Engineer left in September 2016, and the Development Engineer left in February 2017,
CSG consultants were able to provide immediate staff support.
Other key positions that became vacant since then include a CIP Senior Civil Engineer
position vacated by retirement, 1 Engineering Technician/Inspector position and one FT
Engineer I position, and 1 Engineering Technician/Inspector position. Without additional
support from outside consultants, the Engineering Division would not be able to provide
core services that include statutorily mandated requirements and commitments.
The original CSG contract, attached to this staff report and signed in July 2015, was for
$450,000. In May 2017, the contract was amended to extend the term through April
2019 and to increase the not-to-exceed amount of the contract to $935,000. The first
amendment documents are also attached to this staff report.
ANALYSIS
The Engineering division in Public Works is tasked with providing core services such as
responding to requests pertaining to the 80/20 Sidewalk Program, Residential Public
Accessible Parking Program, realtor inquires, encroachment permit requests,
transportation permit requests, etc.. Additionally, the Division is responsible for
processing and/or approving (via plan check and inspection) public improvements
associated with development, tentative maps, final maps, parcel maps and lot line
adjustments. The Capital Projects group in Public Works is responsible for
implementing more than 30 Capital Improvement Program (CIP) and decision package
projects and infrastructure. Furthermore, the Division is experiencing an ever increasing
number of unfunded Federal and State mandates such as the Storm Water Pollution
Prevention Program.
The following is a list of projects and activities that required direct engineering staff
support and services:
1. Development engineering plan review: the following development projects were
reviewed in the time period mentioned above:
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Glen Loma Ranch Specific Plan projects: residential development with 19
neighborhoods and more than 1200 units. Between August 2017 and
February 2018, the following tracts were
o Montonico
o Wild Chestnut
o Home Ranch
Hecker Pass Specific Plan projects
o Heartland Gardens Phase 1-3
o Santa Theresa Expressway transportation improvements
Harvest Park
San Ysidro Storage
Other small scale developments
2. Development project management for all projects which includes:
Preparation of Council staff reports
Preparation of Development agreements and Property Improvement
Agreements
Coordination meetings with applicants
Coordination meetings with other City divisions
Impact fee assessment and collection
Reimbursements to developers and sister agencies such as SCVWD
Site visits
3. Development construction project inspection for all projects which include s:
Attending Preconstruction meetings
Regular site visits and documentation
Attending progress meetings
Reviewing plans and specifications
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Coordination with Land development section and other sections in Public
Works
Coordination with City code enforcement and building Division
4. Development project storm water inspection activities
Site visits and visual inspection of Low Impact Development (LID)
measures
Inspection reports
Data collection and reporting
5. Capital project development
Council Staff reports
Coordination with project lead sections of PW
Preparation of solicitations – RFQ, RFP, ITB
Review of proposals and bids
Construction management oversight
Design oversight
Federal and state audits
Project status report and review meetings
Project close out
6. Traffic and Transportation Issues
Traffic calming requests
Traffic signal, street sign, street light service requests
Coordination with regioanl agencies such as VTA, Caltrans
Review of proposed development Traffic Impact Analyses
Pavement marking and striping requests
High Speed Rail coordination
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In times of short term need, contract consultants are a valuable resource. From August
2017 thru the end of February, CSG has been very responsive to the City by providing
staffing to backfill the above mentioned vacancies in the department. Additionally, CSG
provided services in the capacity of the City Surveyor. Because CSG has been working
with the City over the past few years and was able to place some staff at City Hall that is
familiar with Gilroy’s processes, the department was able to provide continuity of
services and functions.
The following is a list of CSG staff and their assigned duties:
Job Category Responsibility/Assignment Hours per week Days of the
week
Associate Engineer Land Development projects 24 M-W
Associate Engineer Land Development projects 24 W-F
Construction
Inspector
Land Development
Construction projects;
Sidewalk Program; Storm
water Inspections
40 M-F
CIP Project
Manager
Capital and Decision
Package projects
24 M-W
CIP Project
Engineer
Capital and Decision
Package projects
24 M,W,F
Transportation
Engineer
Traffic calming, Street lights,
signs, pavement striping,
High Speed Rail
16 T,R
Several recruitments are underway including two Engineer I positions which are
expected to be filled in March 2018, and 2 Engineering Tech/Inspector positions
expected to be filled in April/May 2018. In addition, the Senior Civil Engineer for Capital
Projects position is under recruitment and is expected to be advertised in February
2018.
FISCAL IMPACT/FUNDING SOURCE
The proposed budget amendment takes into consideration the salary savings from the
vacant engineering positions and plan check and inspection fund balances and
revenue. To meet the core needs of the department through the end of February 2018,
staff is requesting council’s approval for the use of additional funds in the amount of
$950,000.
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There are sufficient funds to pay for these services:
1. Due to the various vacancies in the department, there are significant salary
savings amounting to approximately $383,180.
2. In addition, as of January 10, 2018, there is a balance of $2,170,977.54 in the
Plan Check and Inspection fee revenue account which is more than the budgeted
amount of $1,877,684. There are more than 200 residential units and more than
6 large commercial developments that have either begun construction or will
commence construction this fiscal year. It is projected that a total amount of
$3,000,000 will be collected for plan check and inspection revenue of by fiscal
year end. This is consistent with the increase in development activity; the
additional revenue will pay for the additional development related services.
CONCLUSION
The Land Development, Transportation and Capital Projects groups in Public Works
provide services and perform functions related to the construction, permitting and
preservation of City infrastructure and the environment. Due to a number of vacancies
in the Engineering Division and increasing work load, there is continuing need for staff
augmentation and support from the City’s on-call professional service providers. Staff
requests approval of this amendment in order to compensate CSG for services provided
from August 2017 through the end of February 2018.
Attachments:
1. CSG Consultants - On Call Services Agreement
2. CSG Consultants - 2015 Agreement - Amendment No. 1 pages 1-2
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'
AGREEMENT FOR SERVICES
(For contracts over $5,000 • CONSULTANT)
This AGREEMENT made this znd day of July, 2012_, between:
CITY: City of Gilroy, having a principal place of business at
7351 Rosanna Street, Gilroy, California
and CONSULTANT: CSG Consultants. Inc., having a principal place of business at 550 Pilgrim
Drive, Foster City, CA 94404.
ARTICLE 1. TERM OF AGREEMENT
This Agreement will become effective on July 2. 2015 and will continue in effect through June
30. 201 Sunless terminated in accordance with the provisions of Article 7 of this Agreement.
Any lapse in insurance coverage as required by Article 5, Section D of this Agreement shall
tem1inate this Agreement regardless of any other provision stated herein. c..· ll
Initial
ARTICLE 2. INDEPENDENT CONTRACTOR STATUS
It is the express intention of the parties that CONSULTANT is an independent contractor and not
an employee, agent, joint venturer or partner of CITY. Nothing in this Agreement shall be
interpreted or construed as creating or establishing the relationship of employer and employee
between CITY and CONSULTANT or tmy employee or agent of CONSULTANT. Both parties
acknowledge that CONSULTANT is not an employee for state or federal tax purposes.
CONSULT ANT shall not be entitled to any of the rights or benefits afforded to CITY'S
employees, including, without limitation, disability or unemployment insurance, workers'
compensation, medical insurance, sick leave, retirement benefits or any other employment
benefits. CONSULTANT shall retain the right to perform services lor others during the term of
this Agreement.
ARTICLE 3. SERVICES TO BE PERFORMED BY CONSULT ANT
A. Specific Services
CONSULTANT agrees to: Perform the services as outlined in Exhibit "A" ("Specific
Provisions") and Exhibit "B" ("Scope of Services"), within the time periods described in
Exhibit "C" ("Milestone Schedule").
B. Method of Performing Services
CONSULT ANT shall determine the method, details and means of performing the above-
described services. CITY shall have no right to, and shall not, control the manner or determine
the method of accomplishing CONSULTANT'S services.
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C. Employment of Assistant.s
CONSULTANT may, at the CONSULTANT'S own expense, employ such assistants as
CONSULTANT deems necessary to perform the services required of CONSULTANT by this
Agre~ment, subject to the problbit'ion 11ga4tst assignment and subcontracting contained in
Article 5 below. CITY may not contrQ~ direct, or supervise CONSULTANT'S assistants in the
performance of those services. CONSULT ANT assumes full and. sole responsibility for the
payment of all compensation and expenses of these assistants and for all state and federal income
t~.l'. unemployment insurance, Social Security, disabili\y insurance and other applicable
withholding.
D. Place of Work
CONSULT ANT shall perform the services required by this Agreement at any place or location
Md at such times. ;ts CONSULT ANT shall determine is necessary to properly amj timely perforiil
CONSULT ANT'S services.
ARTICLE 4. COMPENSATiON
A. Consideration
In consideration for the services to be performed by CONSULTANT, CITY agrees to pay
CONSULT ANT the amounts set forth in Exhibit "D" ("Payment Schedule"). In· no event
however shall the total compensation paid to CONSULT ANT exceed $450;000.00.
:a. Invoices
CONSULT ANT shall submit invoices for all services rendered.
C. Payment
Payment shall be due accord\ng to the payment schedule set.forth in Exhibit "D". No payment
will be made unless CONSULTANT has first provided CitY with a written receipt gf invoice
describing the work performed and any approved direct expenses (as provided for in
Exhibit "A", Section IV) incurred during the preceding period. If CiTY objects to all or MY
portion of any invoice, CITY shall notify CONSULTANT. of the objection within thirty (30)
days from receipt of the invoice, give reasons for the objection, and pay that portion of the
invoice not in dispute. It shall not constitute a defuult or breach of this Agreement for CitY not
to pay any \nvoiced amounts to which it has objected until the objection has been resolved by
mutual agreement of the parties.
D. Expenses
CONSULTANT shall be responsible for all costs and expenses incident to the petfotinance of
s~rvices for CITY, including but not limited to, all costs of equipment used ot provided by
CONSULT ANT, all fees, lines, Jicem;es, bonds or tl)Xes required. of or imposed against
CONSULT ANT and all other of CONSULTANT'S costs of doing bus\ness. CITY shall not be
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responsible for any expenses incurred by CONSULTANT in performing services for CITY,
except for those expenses constituting "direct expense.s" re_ferenced on E_xhi_bit ".:\."
ARTICLE 5. OBLIGATIONS OF CONSULTANT
A. Tools and Instrumentalities
CONSULTANT shall supply all tools and instrumentalities required to perform the services
under this Agreement at its sole cost and expense. CONSULT ANT is not required to purchase
or rent any tools, equipment or services from CITY.
B. _ Workers' Compensation
CONSl)LTANf agrees to provide workers' compensation insurance for CONSULTANT'S
employees· and agents and agrees to hold harmless, defend with counsel acceptable to CITY and
indemnify CITY, its officers, representatives, agents and employees from and against any and all
claims, suits, damages, costs, fees, demands, causes of action, losses, liabilities and ei<peilses,
incl\ldi!\g wiJIJ.out Iim.i.tation reasonable attorneys' fees, arising out of any injury, disability, or
death ofany of CONSULTANT'S employees.
C. Indemnification of Liability, Duty to Defend
L As · to professional liability, to the fullest extent penpitted by l_aw,
CONSULTANT shall defend, through counsel approved by CITY (which approval shall not be
unreasonably withheld), indemnify and hold harmless CITY, its officers,. representatives, agents
and employees against any and all suits, damages, costs, fees, claims, demands, causes of actiori,
losses, )jabi):ities ®d expenses, including without limitation attorneys' fees, to the extent ~ing
or resulting directly or indirectly from any willful or negligent acts, errors· or onrissions of
CONSULTAN;t or CONSULTANT'S assistants, employees or agents, including all claims
relating to the injury or death of any person or damage to any property.
2. As to other liability, to the fullest extent peflllitted by law, CONSULTANT gr,illl
defend, through co.unsel approved by CITY (which approval.shall not be unreasonably withheld),
indemnify and hold harmless CITY, its officers, representatives, agents and employees against
any and all suits, damages, costs, fees, claims, demgmds, ca11ses of action, losses, li~bi!it,i~ an,d
expenses, including without limitation attorneys' fees, arising or resulting directly or indirectly
from any act or onrission of CONSULTANT or CONSULTANt'S assistants, employees or
agents, including aU claims telating to the injury or deaih -of any person ot damage to any
property.
D. Insurance
In addition to any other ol:>!igations under this Agreement, CONSULTANT shal~ at no cost to
CITY, obtain and maintain throughout the term of this Agre~ll).ent: (a) Colll!llercial Liabi.Jity
Insurance on a per occurrence basis, including coverage for owned and non-owned automobiles,
·with a minimum combined single limit coverage of $1,000,000 per occurrence for all damages
due to bodily injury, sickness or disease, or death to any person,_ and damage to property,
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· including the loss of use thereof; and (b) Professional Liability Insurance (Errors & Omissions)
with il ii)inintum coverage of $1,000,000 per occwte)lce or claim, a.nd $2,000,000 !)ggregE~te;
provided however, Professional Liability Insur(lnce written on a claims made basis must comply
with the requirements set forth below. Professional Liability Insurance written on a claims made
basis (including without limitation the initial policy obtained and all subsequent policies
purchased as renewals or replacements) must show the retroactive date, and the retroactive date
must be. before the earlier of the effective date of the contract or th.e beginning of the contract
work. Claims made Professional Liability Insurance must be maintained, and written evidence
of insurance must be provided, for at least five (5) years after the completion of the contract
work. If claims made coverage is canceled or non-renewed, and not replaced with another
clalln.Hn~de policy forin with a retroactive date prior to the earlier of the effective date of the
contract or ·the beginning of the contract work, CONSULTANT must purchase so called
Hextencied reporting" or •itail" coverage for a minimum of five (5) years after completion of
work, which must also show a retl'Qactive date that is before the earlier of the effective date of
the cO.i:itrl).ct ot the beginning of the contract work. As a condition precedent to CITY'S
obligations under this Agreement, CONSULTANT shall furnish written evidence of such ·
coverage.(naming CITY, its officers and employees as additional insureds on the Comprehensive
Liability inSurance policy referred to in ( <~) immediately above via a specific endorsement) and
reql)irfug thirty (30) days written notice of policy lapse or cancellation, or of a material change in
policy terms.
E. Assignment
Notwithstanding any other provision of this Agreement, neither this Agreement nor anY duties or
obligations of CONSl.iLT ANT under this Agreement may be assigned or subcontracted by
CONSULT ANT without the prior written consent of CITY, which CITY may withhold in Its
sole and !)bsolute d~retion
F. State and Federal Taxes
As CONSULTANT is not CITY'S employee, CONSULTANT .shall be responslbie for paying
all required state and federal taxes. Without lin)i~ing the foregpijlg, CONSULT ANT
acknowledges and agrees that:
• CITY will not withhold FICA (Social Security) from CONSULT ANT'S
payments;
• CITY'will not make state or federal unemployment insurance contributions on
CONSULTANT'S behalf; .
• CITY will not withhold state or federal income tax from payment to
CONSULTANT;
• CITY will not make disability insurance contributions on behalf of
CONSULTANT;
• CITY will not obtain workers' compensation insurance on behalf of
CONSULTANT.
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Packet Pg. 89 Attachment: CSG Consultants - On Call Services Agreement (2018-21 : Contract Amendment for Engineering Services 2018)
ARTICLE 6. OBLIGATIONS OF CITY
A. Coop~ration of City
ClTY agrees to respond to all rejj.son_11ble requests of CONSULT ANT am:! provide access, at
reasonable times following receipt by CITY of reasonable notice, to all documents reasonably
necessary to the perfonnance of CONSULT ANT'S duties under this Agreement.
B. Assignment
CITY may assign this Agreement or any duties or obligations thereunder to a successor
governmental entity without the consent of CONSULTANT. Such assignment shall.not release
CONSULT ANT from any of CONSULT ANT'S duties or obligations under this Agreement.
ARTICLE 7. TERMINATION OF AGREEMENT
A. Sale of Consultant's Business/ Death of Consultant.
CONSULTANT shall notify CITY of the proposed sale of CONSULTANT's business no later
. than thirty (30) days prior to any such sale. CITY shall have the option of terminating this
Agreement within thirty (30) days after receiving such notice of sale. ~y sue!\ CU:Y
termination pursuant to this Article 7.A shall be in writing and sent to the address for noti<;es to
CONS'tJL t ANT set forth io Exhibit A, Subsection V.H.; no later than thirty (30) days after
CITY' receipt ofsilch notice of sale.
If CONSULT ANT is an individual, this Agreement shall be deemed autol)llltjcally termin.ated
upondeathofCONSULTANT.
B. Termination by City for Default of Consultant
Should CONSULT ANT default il;t ~!;te performance oftl;ljs Agree111eQ.t or liJi'\teti!llly bre.llcb .ailY
of its provisions, CITY, at CITY'S option, may terminate this Agreement by giving written
notification to CONSULTANT. For the purposes of this section, materia\ breach of this
Agreement shall ioclude, but not be limited to the following:
I. CONSULTANT'S failure to professionally and/or timely perform any of t]).e
services contemplated by this Agreement.
2. CONSULTANT'S breach of any ofits representations, warranties or covertlitltS
contained io this Agreement.
CONSULT ANT shall be entitled to payment only for work completed io accordance with the
terms ofthis Agreement through the date-ofthe termination notice, as reaSonably detetmined by
CITY, provided that sue)!. p!!yment $l!..il,ll not exceed the. amounts set forth in th'is Agreement for
the tasks described on Exhibit C" which have been fully, COII)j)etently lind tim.ely rendered by
CONSULT ANT. Notwithstandiog the foregoing, if CITY tetminlites this Agreement <ll!e to
CONSULTANT'S default io the perfunnance of this Agreement or material breach by
CONSULT ANT of any of its provisions, then io addition to any other rights and remedies CI'fY
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may have, CONSULTANT shall reimburse CITY, within ten (10) days after demand, for any
and all costs and expenses incun:ed by CITY in order to complete the tasks constiruting the ·scope
of work as described in this Agt~ement, to the extent such costs and expenses exceed the
amounts CITY would have been obligated to pay CONSULTANT for the performance of that
task pursuant to this Agreement.
C. Termination for Failure to Make Agreed-Upon Payments
Should CITY fail to pay CONSULT ANT all or any part of the compensation set forth in Article
4 of this· Agreement on the date due., then if and only if such nonpayment constill:ites a default
under this Agreement, CONSULTANT, at the CONSULtANt;S option, may terminate this
Agreement if such default is not remedied by CITY within thirty (30) days after demand for such
Pa)'lllent .ill given by CONSULTANT to CITY.
D. Transition after Termination
Upon termination, CONSULT ANT shall immediately stop work, unless cessation could
potenti.ally cal.)se any dam!)ge or harin to person or property, in wbicb case CONSULTANT shall
cease such work as soon as it is safe to do so. CONSULT ANT shall incur no further expenses in
connection with this Agreement. CONSULT ANT shall promptly deliver to CITY ail work done
toward completion of the services required hereunder, and shall .act in such a manner as to
facilitiilte any the assumption of CONSULT ANT's duties by any new consultant hired by the
CITY to complete such services.
ARTICLE 8. GENERAL PROVISIONS
A. · Amendment & Modification
No amendments, modifications, .alterations or changes to !he terms of this Agreeme1lt shalll;>e
effective unless and until made in a writing signed by both parties hereto.
B. Americans with Disabilities Act of 1990
Throughout the term of this Agreement, the CONSULT ANT shall comply fully with aU
applicable provisions of the Americans with Disabilities Act of 1990 ("the Act") in its current
form and as it may be amended from time to time. CONSULTANT shall also require .such
compliance of all subcontl'\lctors. perfotming work under this Agreement, subject to the
prohibition against assignment and subcontracting contained in Article 5 above. The
CONSULT ANT shall defend with counsel acceptable to CITY, indemnify and hold barm:less. the
CITY OF GILROY, its officers, employees, agents and representatives from and against all suits,
claims, demands, damages, costs, .cau:res of action, li:>ss~s, l.iabUities, expenses afid fees,
including without limitation reasonable attorneys' fees; that may arise out of any violations of
the Act by the CONSULT ANT, its subcontractors, or the officers, employees, agents or
representatives of either. ·
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C. Attorneys' Fees
If any action at law or in equity, including an action for declaratory relief, is brought to l'nforce
ot interpret the provi_sions of this Agreement, the prevailing party will be entitled to reasonable
attorneys' fees, which may be set by the court in the same action or fu a separate action brought
for ihat purpose, in addition to any other relief to which that party may be entitled.
D. Captions
The captions and headings of the various sections, paragraphs and subparagraphs of the
Agreement are for convenience only and shall not be considered nor referred to for resolving
questions of interpretation.
E. Compliance with Laws
The CONSULTANT shall keep itself informed of all State and National laws and allJ11unicipal
ordmances and regulations of the CITY which in any manner affect those engaged or employed
in the work, or the materials used in the work, or which in any way affect the conduct of the
Wilde, Mlf of a\1 such orders and decrees of bodies qr tribunals having any j\lrisdiction or
!)l;lthority over the same. Without limiting the foregoing, CONSULTANT agrees to observe the
provisions of the Municipal Code of the CITY OF GILROY, obligating every contractor or
-subcontractor under a contract or subcontract to the CITY OF GILROY for public works or for
goods or services to refrain fro in discriminatory employment or subccnttactiilg practices on the
basis ofthe•tace, color, sex, religious creed, national origin, ancestry of any employee, applicant
for employment, or any potential subcontractor. ·
F. Conflict oflnterest
CONSULTANT certifies that to the best of its knowledge, no CITY employee or offi!le ofaoy
public l!gency interested in this Agreement has any pecuniary interest in the l;nisiil~s.s of
CONSULT ANT and that no person associated with CONSULT ANT has any interest that wou.!d
constitute a conflict of interest in any manner or degree as to the execution or performance-of
this Agreement.
G. Entire Agreement
This Agreement supersedes any and all prior agreements, whether oral or written, between the,
parties hereto with respect to the rendering of services by CONSULTANT for GITY apd
contains all the covenants and agreements between the parties with respect to the rendering of
such services in any manner whatsoever. Each party to this Agreement acknowiedges that no
representations, inducements, promises or agreements, or:ally or otherwise, have beep tilJlde by
anY party, or anyone acting on behalf of any party, .w)lich are not embodj~d 4ereill, and thilt J:IO
other agreement,. statement or promise not contained in this Agreement shall be valid or binding.
No other agreements or conversation with any offic.er, agent or employee of CITY prior to
execution ofthis Agreement shall affect or modifY any of the terms or obligations contained in
any documents comprising this Agreement. Such other agreements or conversations shall be
considered as unofficial information and in no way binding upon CITY.
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H. Governing Law and Venue
This Agreement shall he governed by and construed in accordance with the laws of the State of
California without regard to the conflict of laws provisions of any jurisd.iction. The exclusive
jurisdiction and venue with respect to any and all disputes arising hereunder shall be in state and
federal courts located in Santa Clara County, California.
I. Notices
Any notice to be given hereunder by either party to the other may be effected either by personal
delivery in writing or by mail, registered or certified, postage prepaid with return receipt
requested. Mailed notices shall be addressed to the parties at the addresses appearing in
.Exhibit "A", Section V.I-1. but each party may change the address by written notice in
accordance with this paragraph. Notices delivered personally will be deemed delivered as of
actual receipt; mailed notices will be deemed delivered as of three (3) days after mailing.
J. Partial Invalidity
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void
or unenforceable, the remaining provisions will nevertheless continue in full force without being
impaired or invalidated in any way.
K. Time of the .Essence
All dates and times referred to in this Agreement are of the essence.
L. Waiver
CONSULT ANT agrees that waiver by CITY of any one or more of the conditions of
pe1formance under this Agreement shall not be construed as waiver(s) of any other condition of
pe1formance under this Agreement.
.Executed at Gilroy, California, on the date and year first above written.
CONSULTANT:
CSG Consultants, Inc.
Social Security or axpayer
Identification Number 91-2053 749
4835-2267-036M
LACID470€083 -8-
CITY:
CITY OF GILROY
By:~~
Name: ~as l ~a.gffi>td J. Ef.d ware/ Te We~
Title: v City Administrator
Interim
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Packet Pg. 94 Attachment: CSG Consultants - On Call Services Agreement (2018-21 : Contract Amendment for Engineering Services 2018)
EXHffiiT "A"
SPECIFIC PROVISIONS
I. PROJECT MANAGER
CONSULTANT shall provide the services indicated on the attached Exhibit "8", Scope of
, Servic.es ("Services"). (All exhibits referenced are incorporated herein by reference.) To
accomplish. that ·end, CONSULTANT agrees to assign Hatem Ahmed, who will act in the
capacity of Project Manager, and who will personally direct such Services.
Except as may be specified elsewhere in this Agreement, CONSULT ANT shall furnish all
technical and professional services including labor, material, equipment, transportation,
supervision and expertise to perform all operations necessary and required to complete the
Services in accordance with the terms of this Agreement.
ll. NOTICE TO PROCEED/COMPLETION OF SERVICE
A. NOTICE TO PROCEED
CONSULTANT shall commence the Services upon delivery to CONSULTANt of a written
"Nptice to Proceed", which Notice to Proceed shall be in the form of a written colillmiruc.atioil
from desigl).ated City contact person(s). Notice to Proceed may be in the form of e•ina!l, fax at
ietter authorizing commencement of the Services. For pmposes of this Agreement, Maria ·
Angeles shall be the designated City contact person(s). Notice to Proceed shall be deemed to
have beeii delivered upon actual receipt by CONSULT ANT or if otherwise delivered as provided
in the Section V.H. (''Notices") of this Exh.ibit "A".
R COMPLETION OF SERVICES
When CITY determines that CONSULTANT has completed all of the Services in accordance
With the terms of this Agreement, CITY shall give CONSULTANT written Notice of Final
Acceptance, !!nd CONSULTANT shall not incur any further costs hereunder. CONSULTANT
may request this determination of completion when, in its ·opinion, it has completed all of the
Services as required by the terms of this Agreement and, if s.o requested, CITY sha11 make this
determination within two (2) weeks of~uch request, or if CITY determines that CONSULTANT
has not completed all of such Services as required by this Agreement, CITY shall so 'inform
CONSULT ANT within this two (2) week period.
III. PROGRESS SCHEDULE
The .schedule fur performance and completion of the Services will be as set forth in the attached
Exhibit "C".
IV. PAYMENT OF FEES AND DIRECT EXPENSES
Payments shall be made to CONSULTANT as provided for in Article 4 of this Agreement
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Packet Pg. 95 Attachment: CSG Consultants - On Call Services Agreement (2018-21 : Contract Amendment for Engineering Services 2018)
Direct expenses are charges and fees not included in Exhibit "B''. CITY shall be obligated to
pay only for those direct expenses whi9h have been previously approved in writing by CITY.
CONSULTANT shall obtain written approval from CITY prior to incurring or billing ofdirect
expenses ..
Copies of pertinent financial records, including invoices, will be included with the submission of
billing(s) for all direct expenses.
V. OTHER PROVISIONS
A.. STANDARD OF WORKMANSHIP
CONSULT ANT Tepresents and warrants that it has the qualificationS, skills ~nd lkenses
necess!lry to perfonn the Services, and its dutie.s and obligations, expressed and· ilnplied,
contained 4ereil\, and CITY expressly relies upon CONSULT ANT'S representatio115 a11<1
warranties regarding its skills, qualifications and licenses. CONSULT ANT shall perform such
'Services and duties in conformance to· and consistent with the standards generally recognized as
being employed by professionals in the same discipline in the State of California.
A11Y plo\\ns., designs; specificati01;1s, estin:)ates, calculations, r\)ports and ot)ler.<locljl)l~nts fi!rt)isl\ed
under this Agreement shall be of a quality acceptable· to CITY. The minimum criteria for
acceptance sliail be .a product of neat appearance, well-organized, technically and grammatically
eortebt, checked and· having the maker and checker identified. The minimum standard of
appearanc~, organization and content of the drawings shall be that used by CITY for similar
p1JfPOses.
B. RESPONSIBILITY OF CONSULTANT.
CONSULT ANT shall be responsible for the professional quality, technical accuracy,. and the
coordination of the Services furnished by it under this Agreement. CONSULtANT shall not be
responsible for the accuracy <;>f 81;ly project or technical information provided by the CITY. The·
CITY'S review, acceptance or payment for any of the Services shall not be construed to operate
as a waiver of any rights under this Agreement or of any cause of action arising out of the
performance of this Agreement, and CONSULTANT shall be and remain liable to CITY in
accordance with applicable law for all damages to CITY ci!I!Sed by CONSULT ANT'S negligent
performance of any of the services furnished imderthis Agreement. ·
C. RJGHT OF CITY TO INSPECT RECORDS OF CONSULT ANT
CITY, through its authorized employees, represent~tives or agents, sha.ll hjtve th.e dght, at .anY
and aH reasonable times, to audit the books and records (including, but not limited to, invoices,
vouchers, canceled checks, time cards,.etc.) of CONSULTANT for the purpose ofverlfying any
and all ch;rrges made by CONSULTANT in connection with this Agreement. CONSULT ANt
shall m.ail;ltain for a minin:)qm period of three (3) years (from the date of final payn\ent to
CONSULTANT), or for ~y longer period require<;! l?y law; Sl!ftident books and records in
accordance :with stan<jard California accounting practiges to establish the correctness of ail
charges submitted to CITY by CONSULTANT, all of which shall be tnade ava.ilable to CITY at
the CITY's offices within five (5) business days afterCITY'srequest.
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Packet Pg. 96 Attachment: CSG Consultants - On Call Services Agreement (2018-21 : Contract Amendment for Engineering Services 2018)
· D. CONFIDENTIALITY OF MATERIAL
All ideas, memoranda, specifications, plans, manufacturing procedures, data (iricluding, but not
limited to, computer data and source code), drawings; descriptions, documents, discussions or
other infotlnation developed or received by or for CONSULT ANT and all other written and oral
iriformation developed or received by or for CONSULT ANT and all other written and oral
information submitted to CONSULTANT in connection with the performance of this Agreement
shall be held confidential by CONSULTANT and shall not, without the prior written consent of
CITY, be used for any purposes other than the performance of the Services, nor be disclosed to
an entity not connected with the performance of fhe such Services. l'{othing furnished to
cONSULTANT which is othern>lse known to CONSULTANT or is or becomes generally
known to the related industry (other than that which becoJ;Qes generally known as the result of
CONSULTANT'S disclosure thereof) shall be deemed confidential. CONSULTANT shall not
us.e CitY'S name or insignia, or distnbute publicity pertaining to the .services rendered under
this Agreement in any magazine, trade paper, newspaper or other medium without the express
written consei;lt of CITY.
E. NO PLEDGING OF CITY'S CREDIT.
Under no circumstances shall CONSuLT ANT have the authority or power to pledge the credit
of CITY or incur any obligation in the name of CITY.
E OWNERSHIP OF MATERIAL.
All material inCluding, but not limited to, computer information, data and source code, sketches,
tracings, drawings, pians, diagrams, quantities, estimates, specifications, proposals, tests, maps;
calculations, photographs, reports and other material developed, collected, prepared (or caused to
be prepared) under this Agreement shall be the property of CITY, but CONSULT ANT may
retain and use copies thereof subject to Section V.D of this Exh_ibit "A".
CITY shall not be limited in any way in its use of said material at any .lime for any work,
whether or not associated with the City project 'for which the Services are performed. However,
CONSULTANT shall not be responsible for, and City shall iridemnify CONSULTANt from,
damages resulting from the use of said material for work other than PROJECT, itic!Uc!mi!, but
not limited to,. the release of this material to third parties for work other than on PROJECT.
G. NO THIRD PARTY BENEFICIARY.
This Agreement shall not be construed or deemed to be an agreement for the benefit ofany ihird
party ot parties, and no third party or parties shall have any claim or right of action hereunder for
any cause whatsoever.
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Packet Pg. 97 Attachment: CSG Consultants - On Call Services Agreement (2018-21 : Contract Amendment for Engineering Services 2018)
H. NOTICES.
Notices are to be sent as follows:
L
D
CITY:
CONSULTANT:
Maria Angeles
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
Hatem Ahmed
CSG Consultants . .Inc.
550 Pilp.Dri~e
Foster City. CA 94404
FEDERAL FUNDING REQUIREMENTS.
If the box to the left of this sentence is checked, this Agreement involves federal
funding and the requirements of this Section V.I. apply.
If the box to the left of this sentence is chec:ked, this· Agreement ·does not Involve
federal funding and the requirements of this Section V.i. do not apply.
1. DBE Program
CONSULTANT shall comply with the requirements of Title 49, P@rt 26, Code of J.<e<)eraJ
Regulations ( 49 CPR 26) and the City-adopted Disadvantaged Business Enterprise programs.
2. Cost Principles
Federal Acquisition Regulations in Title 48, CFR 31, shall be used to determine the allowable
cost for individual items.
3. Covenant against Contingent Fees
The CONSULT ANT warrants that he/she has not employed o~ retained any company or person,
other than a llona fide employee working for the CONSULT ANT, to solicit -or secure this
Agreement, and that he/she has not paid or agreed to pay any company or person, other than a
llona fide employee, any fee, commission, percentage, .brokerage fee, · gift or any other
consideration, contingent upon or resulting from the aw~d ot formation of this Agreement. For
breach or violation of this warranty, the Local Agency shall have the right to annul this
Agreement without liability or, at its discretion, to deduct from the agreement price or
consideration, or -otherwise recover, the full amount of such fee, commission, percentage,
brokerage fee, gift or contingent fee.
4835·2267;036\v\
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48.35-226J.036M
lAG\04J06083
EXHffiiT "B"
SCOPE OF SERVICES
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Packet Pg. 99 Attachment: CSG Consultants - On Call Services Agreement (2018-21 : Contract Amendment for Engineering Services 2018)
CSG Scope of Services
The exact scope of work will be determined based on the request of the City and the type of project.
New Development Entitlements
• Review tentative maps, tentative parcel maps, architectural review, and other entitlement
applications. Coordinate review with other City staff and/or outside agencies as needed.
• Attend follow-up meetings with Planning staff, the applicant, or others as needed to resolve issues
regarding the proposal. Review subsequent submittals of the proposal.
• Prepare conditions of approval for project and submit to Planning.
Plan Review and Map Review
• Review final maps, improvement and landscape plans. Review includes evaluation of required
records, studies, grading and improvement plan, and additional materials submitted by the design
professional. Confirm that plans conform to City standard design criteria, conditions of approval, and
infrastructure or other master plans.
• Each plan review will be accompanied with a letter summarizing the red-line comments addressed to
the applicant's engineer or landscape architect, with a copy to City staff and the applicant. A
complete red-lined set of drawings and any reports will be returned to the design professionals for
use in their corrections. At the applicant's discretion, the comment summary letter and red-lined
plan sheets can be scanned and submitted electronically to the design consultant to expedite the
review process.
• The consultant will meet with the applicant/representative and City staff to review comments or to
delineate the standards which are not being met, in order to facilitate timely completion of the
review and meeting the maximum goal of two plan checks. CSG Consultants will accept and review
subsequent submittals electronically, when feasible, in order to expedite the review process.
• , The project manager will adjust and/ or develop the plan check list to meet the criteria as required.
• Soils reports will be evaluated and confirmation of recommendations will be included on the plans.
Boundary conditions will be evaluated to maintain continuity with surrounding properties and
maintain existing drainage patterns.
• Construction erosion control and post-construction water quality control will be evaluated for
compliance with the storm water quality management permit In effect for the City.
• Assist the City with development of conditions of approval, development agreements, and other
requirements associated with development appfications. Assist City in negotiating with developers
regarding terms of agreements or conditions (Addttional tasks associated with the entitlement
process are described above).
• Confirm that the developer has obtained necessary permits or approvals from other public agencies
as needed, and that plans conform to the City's NPDES Municipal Regional Permit requirements for
storm water treatment and retention.
• Review and recommend approval of engineering bond estimates and subdivision guarantees. Assist
the staff in preparing subdivision improvement agreements, other agreements (including
stormwater treatment measure and landscape maintenance agreements), and staff reports.
• Meet with developers, consultants, or other agencies on behalf of staff, as requested.
Onsite Services
• Provide on site land development review services as requested by the City.
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Packet Pg. 100 Attachment: CSG Consultants - On Call Services Agreement (2018-21 : Contract Amendment for Engineering Services 2018)
Street Vacations
• Assist in research and document preparation (e.g., plats, maps, legal descriptions, and findings) by a
licensed surveyor to support summary and regular street vacations and Oty property disposition according
to the City Municipal Code, Subdivision Map Act, and California Streets and Highways Code.
Staffing
• All plan reviews will be conducted by a State of Cali.fornia licensed civil engineer or under the
supervision of a licensed civil engineer.
• Each plan review Is assigned to a design plan reviewer with oversight of the project manager. The
assigned design plan reviewer will be committed to the project and will furnish all subsequent
reviews for the project. It Is the goal of CSG Consultants to provide, where practical, a cradle-to-
grave approach for project review, where a review team is assigned to the project from entitlement
through plan review and construction to closeout and acceptance.
• Provide specialized qualified licensed engineers to assist in any structural, soil and geotechnical
reviews, for any of the assigned projects.
• Map checking will be overseen by professional engineers licensed to practice land surveying In the
State of California or by licensed professional land surveyors.
• Consultants' plan review and Inspection staff will be available for applicant Inquiries or conferences
during n.ormal business hours, Monday through Friday, from 8:00AM through 5:00PM. Web
conferences, fax, and conference calls are optional forms of communications between Consultant
and City staff.
Plan Check Time lines
• Consultant shall achieve quality plan review while maintaining consistently superior turnaround
times. Consultant shall perform plan review within the following time lines, stated In working days,
upon receipt of complete application package: fifteen (15) days for initial plan checks and ten (10)
days for re-checks/back checks. CSG Consultants can provide electronic review of plan revisions
submitted in response to prior comments, In order to expedite the review process.
• It is understood that more complex projects may require additional time. It Is the responsibility of
Consultant to immediately Inform the City that the plan review may vary from the proposed time
lines. ·
Accelerated Plan Review
• If required by the City, Consultant has the ability to perform plan review services within an
accelerated time frame, negotiated on behalf of the applicant, the CltVs appointed contact, and
Consultant. In most cases, Consultant will complete initial plan review in fewer than ten working
days (five working days for re-checks). However, it Is understood that some plans may require
additional time. In those instances, Consultant shall notify and receive approval by the City of the
expected processing time prior to performing the plan review.
Online Plan Check Status
• Consultant shall make available online services to enable City and authorized applicants to determine
the status of plan checks. There is no additional cost for this service.
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I:AC\04706083
EXHJaiT "C"
MILESTONE SCHEDULE
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Packet Pg. 102 Attachment: CSG Consultants - On Call Services Agreement (2018-21 : Contract Amendment for Engineering Services 2018)
CSG's Milestone Schedule
Development of hard-and-fast schedules for completion of development review and plan review work is
difficult as timing and scope of projects is not always known. Examples of time frames for completing certain
tasks are provided below.
Complete Improvement Plan or Map
" Check)
Prepare fee estimate, review bond
pre:pa1repermit
\;·
:Fifteen (15) working days of notice of submittal by City
. ]~repare~~h~~~~~ wee.kb~reqllekbv'Pt~~~~lig;~:>, wtttiin reasonable '-·L ,.<. :C-.,,:;,t:: •. -. •• _ ... -.,. ·.>-.-'·"·· > .,.·; •• ·,,_. __ ·.-_.,_-.-.·1,1 ~-~----;._;.., --c,;;fc,: .. ;·,-·., .;c;! :···~·"'.· -_.,.-. ·.·--·· ·;'' • :,shorter time frame if needed to mee.t heanng date . ., .
• ·_._,,-; .. ,_-,"-•• ,,_,--,','_·-_,_ .. _ 'k·_· _.., _ .. _;_ ,-.. "~"-··:'-.' ··"""'"··:-'~ .<·. ,.-,_ . ,' ~----·-·-· " - '
. Ten (10) working days of notice of submittal by City
:Ten (10) working days of request
Re~·i~\ifiecjue•St .1<)(,ight'<i!',W;iy .va,t;ltion fT ~nl;pl wC>r~ ng da\'s of riOtice ofsub,.;,ittal by City'
':Ten (10) working days of notice of submittal C'lty
scope,
Turnaround times include pickup, OA/QC, and delivery to City.
CSG will attempt to reduce the need for formal resubmittals to the City by reviewing electronic submittals of
revisions provided directly to CSG. Turnaround times would vary based on the scope of the review, but would
typically be returned within one to two working days.
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Packet Pg. 103 Attachment: CSG Consultants - On Call Services Agreement (2018-21 : Contract Amendment for Engineering Services 2018)
4ll35-2267-0361v1
LAC\04706083
EXHIDIT "D"
PAYMENT SCHEDULE
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Packet Pg. 104 Attachment: CSG Consultants - On Call Services Agreement (2018-21 : Contract Amendment for Engineering Services 2018)
CSG's Payment Schedule
Services are billed on a time and materials basis according to our Standard Rates, shown below.
pt,m.<>•. Structural Engineer
Associate Engineer
I As:sis1:ant El)gineer
Design Supervisor
CAD Designer
Engineering Technician
!l:eiidemt Engineer
Assistant Resident Engineer j Office Engineer
Inspector
$180
$180
$165
$165
$145
$125
$115
$115
$105
$170
$130
$130
$115
$170
Rates reflect and include admlnisu·atlve costs and routine expenses such as local mileage, copying 1 fax, telephone. maH,
in-house printing} software, and computer usage, etc. Reproduction and sub consultants are billed at cost plus 15%.
Rates will remain effective thmugh June 30th, 2016.
A 3% increase of the hourly rates will be added for each fiscal year ofthe contract, starting July 1, 2016 for the duration of
the contract.
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Packet Pg. 106 Attachment: CSG Consultants - On Call Services Agreement (2018-21 : Contract Amendment for Engineering Services 2018)
FIRST AMENDMENT TO AGREEMENT FOR SERVICES BETWEEN THE CITY OF
GILROY AND CSG CONSULTANTS, INC.
WHEREAS, the City of Gilroy, a municipal corporation ("CITY"), and CSG Consultants, Inc.
("CONSULTANT"), entered into that certain agreement entitled Agreement for Services, effective on
July 2, 2015, hereinafter referred to as "Original Agreement"; and
WHEREAS, the Gilroy City Council approved a budget amendment of $485,000 for CSG for
Engineering Plan Check Services on April 17, 20 17; and
WHEREAS, CITY and CONSULTANT have determined it is in their mutual interest to amend
certain terms ofthe Original Agreement.
NOW, THEREFORE, FOR VALUABLE CONSIDERATION, THE PARTIES AGREE AS
FOLLOWS:
1. The first paragraph of Article 1 (Term of Agreement) of the Original Agreement shall be
amended to read as follows: -,
"This Agreement will become effective on July 2, 2015, and will continue in effect through
May 1. 2019 unless terminated in accordance with the provisions of Article 7 of _this
Agreement."
The second paragraph of Article 1 of the Original Agreement is unaffected and remains
enforceable.
2. Article 4, Section A (Consideration) of the Original Agreement shall be amended to read as
follows:
"In consideration for the services to be performed by CONSULTANT, CITY agrees to pay
CONSULT ANT the amounts set forth in Exhibit "D" ("Payment Schedule"). In no event
however shall the total compensation paid to CONSULTANT exceed $935,000."
3. This Amendment shall be effective on June 1, 2017.
4. Except as expressly modified herein, all of the provisions of the Original Agreement shall
remain in full force and effect. In the case of any inconsistencies between the Original Agreement and
this Amendment, the terms of this Amendment shall controL
5. This Amendment may be executed in counterparts, each of which shall be deemed an original,
but all of which together shall constitute one and the same instrument.
Ill
Ill
Ill
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Packet Pg. 107 Attachment: CSG Consultants - 2015 Agreement - Amendment No. 1 pages 1-2 (2018-21 : Contract Amendment for Engineering Services 2018)
IN WITNESS WHEREOF , the parties have caused this Amendment to be executed as of the
dates set forth besides their signatures below.
By:
Gabri el Gonzalez
C ity Adm inistrator
Date: --¢,.,___=.:?6~4F-7r---
Approved as to Form
fx¥7
City Attorney
4813-2991.0856v1
MBRANSON \04706083
CSG CONSULTANTS , INC.
Presi dent
Date:
-2-
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Packet Pg. 108 Attachment: CSG Consultants - 2015 Agreement - Amendment No. 1 pages 1-2 (2018-21 : Contract Amendment for Engineering Services 2018)
City of Gilroy
STAFF REPORT
Agenda Item Title: Approval of an Amendment to the Agreement with Regional
Government Services Authority (RGS) Consultants in the Amount
of $200,000 to Provide Staff Augmentation for Planning and
Housing and Community Development Projects
Meeting Date: March 5, 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
Approval of an Amendment to the Agreement with RGS in the Amount of $200,000 to
provide staff augmentation for Planning and Housing and Community Development
projects.
EXECUTIVE SUMMARY
The Council is requested to authorize an increase of $200,000 to the RGS Consultants
contract to augment staff due to current vacancies, including the Deputy Community
Development (CD) Director, two Senior Planners, and Housing and Community
Development (HCD) Grants Manager. RGS provided two staff members to augment
staff resources in-house, one is assisting with planning projects and the other is
assisting with HCD projects.
BACKGROUND
The previous Senior Planner, who had been serving as the Interim Planning Manager,
left her position in September 2017. The HCD Grants Manager left his position in early
7.E
Packet Pg. 109
2017. A part time employee assisted with the HCD Grants; however, they did not have
adequate dedicated time to fully assist the City. To address the increasing number of
planning project applications, the City contracted with outside consultants working
offsite. However, this process was found to be inefficient, and resulted in poor customer
service.
Commencing December 2017, staff modified this service delivery method and retained
planning consultants to augment in-house staff. This modified method has reduced
processing time and is providing convenient and quality customer service. It is
anticipated an additional $200,000 to the existing initial $99,999 contract, is needed
through June 30, 2018.
ANALYSIS
HCD Grants section augmentation of the HCD Grants Manager vacant position is
anticipated to continue through June 2018 and into the next fiscal year. Staff has not
recruited to fill this vacancy due to the unknown status of the Federal budget 2019 to
continue funding of Housing and Community Department – Community Development
Block Grant (CDBG). It is not advisable to replace this position until it is d etermined the
Federal budget will continue to contain CDBG funding. Currently, the 2019 Federal
budget does not include CDBG funding. The CDBG funding provides for 20% of the
vacant HCD Grants Manager position and 80% of the filled HCD Technician salary.
The other portion of their salaries comes from the Housing Trust Fund. The funding for
this portion of the increase, $95,000, comes from the CDBG and Housing Trust funds.
With the departure of the Interim Planning Manager/Senior Planner in September 201 7,
the Interim Development Services Manager has returned to her role as Planning
Manager while still assisting with several Deputy CD Director tasks. She also continues
to provide an ombudsmen role for businesses locating, expanding or improving in
Gilroy.
The Planning Division has been using outside planning firms to assist with the work load
due to vacant positions and work load peaks due to the robust economy. These
planning firms are on the City’s approved on-call consultant list formed from a Request
for Proposal for planning support services. However, these consultants were not able to
provide assistance in-house. Using consultants that are outside the Gilroy office, some
several hours away, has proved challenging. Part of the problem is due to the planning
consulting firms work load being extremely high due to the strong economy, and their
inability to provide needed in-house service. The funding for planning staff
augmentation for special projects, $105,000, will come from vacant planning positio ns’
salary savings.
ALTERNATIVES
The Council could choose not to increase the contract, or increase it at a lesser amount
than proposed. This action is not recommended.
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The Council could approve the City Administrator to enter into a contract amendment
with RGS in the amount of $200,000 for a total contract of $299,999. This action is
recommended.
FISCAL IMPACT/FUNDING SOURCE
Salary savings from two senior planning positions, Deputy CD Director, CDBG and
Housing Trust funds are anticipated to offset the consultant cost increase. As staff
vacancies are filled, contract consultant time will be reduced. As of the date of this staff
report one of the two vacant senior planning positions has been filled.
NEXT STEPS
If approved, staff will prepare a contract amendment for execution by the City
Administrator.
7.E
Packet Pg. 111
City of Gilroy
STAFF REPORT
Agenda Item Title: Introduction of an Ordinance of the City Council of the City of Gilroy
Adding Section 30.38.270 to the Gilroy City Code Entitled Protected
Tree Removal
Meeting Date: March 5, 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
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 adding
Section 30.38.270 to the Gilroy City Code Entitled Protected Tree Removal
EXECUTIVE SUMMARY
Trees and tree communities augment the quality of life and economic base of the City
through encouragement of tourism and enhancement of the living environment. The
removal of significant trees and the diminishing of tree communities reduces property
values and the scenic beauty and attractiveness of the City to residents and visitors.
Currently, there are limited restrictions to protect the City’s tree resources, and there
has been an increase in removal of significant trees. The proposed ordinance
amendment would protect existing and future significant trees and tree communities
throughout the City by establishing a process to regulate their removal.
POLICY DISCUSSION
8.A
Packet Pg. 112
The City Council is asked to consider establishing an ordinance to recognize and
protect significant trees, tree communities and heritage trees on private property by
creating a new tree removal permit process.
BACKGROUND
Since 1988, staff has applied the City Council-adopted Consolidated Landscape Policy
during review of new development projects. The policy states that all significant trees
shall be maintained by the property owner until deemed insignificant by a public hearing
or deemed a threat to the public health, safety and welfare by the Planning Division
Manager. However there are no provisions in either the policy or the current Zoning
Ordinance that regulate the removal of significant trees on private property when that
private property is not part of a development project.
Two past incidents of removal of very significant oak trees illustrate the nature of the
problem the proposed ordinance is intended to address. In the first, a private property
owner planning to develop a hillside lot in the Country Estates neighborhood removed a
healthy oak tree estimate to be over 30 inches in diameter in order to expand the
buildable area of the lot. The tree had been evaluated as part of an environmental
analysis and identified for preservation as part of the approved Country Estates
Planning subdivision approval.
Under the proposed ordinance, a tree removal permit and arborist report would have
analyzed the tree’s health and presented potential options for preservation. The
ordinance also includes possible findings to justify removal, includ ing the creation of a
disproportionate economic hardship to the property owner or limits the buildable area of
the lot by 25% or more. In addition, if removal is approved, the ordinance requires
planting of replacement trees.
In the second, more recent example, a massive oak tree located on the grounds of the
Rebekah Children’s Home had multiple limbs connected with cables to improve the
tree’s structural integrity. A large limb fell and a tree service, not a certified arborist, was
called to evaluate the tree. In the process, other cables were cut, causing more limbs to
fall and the tree became unsafe, in the opinion of that tree service. As a result, the tree
service proceeded to cut down the tree.
The proposed ordinance includes provisions for dealing with emergency situations
caused by the hazardous condition of a protected tree. In such cases, the ordinance
authorizes the property owner to take the minimal necessary actions to reduce or
eliminate the immediate hazard, without first applying for a perm it. The condition of the
tree should be documented prior to any such actions, the City must be notified within
five working days, and a tree removal permit and arborist report is still required. In this
case, evaluation by a certified arborist may have identified methods to save portions of
the tree or may have provided justification for complete removal. Again, under the
ordinance, replacement trees would have been required to be placed on the grounds of
the Children’s Home.
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In order to protect the community’s tree resources, the proposed ordinance establishes
a process to require professional evaluation of significant, indigenous trees located on
private property and proposed for removal. Based on the results of that analysis, the
ordinance provides a set of alternative findings to allow the tree to be removed and
replacement trees planted. If none of the findings are warranted, the tree should be
preserved to continue to provide the variety of benefits to the community described in
this report. The proposed ordinance is consistent with similar ordinances in most other
communities.
ANALYSIS
The draft Protected Tree Removal Ordinance is included as Attachment 1 to this staff
report. It establishes the following definitions:
Indigenous Tree. A Tree which is native to the Gilroy region, including all types
of oaks, California Bay, Big Leaf Maple, Madrone, California Sycamore,
California Buckeye, and Alder.
Protected Tree. Any indigenous tree characterized by having a single trunk
nineteen inches (19”) in circumference or more at a point four and one-half feet
(41/2’) above the ground. Non-indigenous tree species and orchard trees are not
included.
Community of Protected Trees. Any grouping of protected trees which are
ecologically or aesthetically related to each other such that the loss of several of
them would cause a protected ecological, aesthetic or environmental impact in
the immediate area, as determined by a certified arborist.
Heritage Tree. A tree of any species with a single trunk of ninety inches (90”) in
circumference or more at a point four and one-half feet (41/2’) above the ground
or multiple trunks, two of which collectively measure seventy two inches (72”) in
circumference or more at a point four and one-half feet (41/2’) above the ground.
Tree Removal Permit
An approved tree removal permit is required prior to any action to cut down, remove,
poison or otherwise damage, kill, or destroy or cause to be removed any of the following
on private property:
A protected tree
Greater than 25% of the trees within the outermost dripline of a community of
protected trees
A Heritage Tree
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The tree removal permit is a discretionary minor land use permit under the authority of
the Community Development Director. The director’s decision may be appealed to the
Planning Commission.
The tree removal permit application requires information to describe and justify the
removal request and a report from an arborist certified by the International Society of
Arborists (ISA) or other equivalent organization acceptable to the Planning Manager. A
separate California Environmental Quality Act (CEQA) analysis is not required for this
permit
A separate tree removal permit is not required for projects which have been approved
through a discretionary review process by the Planning Manager, Planning Commission
or City Council, and the removal of protected tree(s) or a tree community was reviewed
to ensure compliance with all requirements of the proposed ordinance and authorized
by that approval. Trimming, removal and other activities related to trees in the public
right-of-way are regulated by Section 26 of the Gilroy City Code , administered by the
Public Works Department.
While the permit process has not been established, processing time for a permit would
be expected to be approximately four weeks, from receipt of a complete application and
arborist report. The ordinance requires the on-site public notices to be posted for a
minimum of 10 days from the date they are posted. No action on the permit can be
taken until the applicant has filed an affidavit confirming that the noticing period has
been accomplished. The fee for the permit would be based on the staff review time
required and is expected to be between $150 - $300. The costs for arborist reports for
tree removal can range from $300 - $700, depending on the size and species of the
tree.
Findings for Permit Approval
The ordinance establishes the following five findings, one or more of which must be
made to approve a tree removal permit:
A. The tree is dead, diseased or in danger of falling.
B. The tree could adversely affect the general public health and safety.
C. The tree is determined to be causing damage or reasonably expected to cause
damage to existing buildings or interfere with utility services.
D. The retention of the tree restricts the economic enjoyment of the property or
creates an unusual hardship for the property owner by severely limiting the use
of the property in a manner not typically experienced by owners of similarly
situated properties, and the applicant has demonstrated to the satisfaction of the
Community Development Director that there are no reasonable alternatives to
preserve the tree.
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E. Retention of the tree would result in reduction of the permissible building
envelope by more than twenty-five (25) percent.
The following finding must be made in addition to one or more of those listed above:
F. None of the tree management techniques referenced in Section (d) of the
ordinance are deemed feasible to save the tree. They include risk management
pruning, installation of structural supports, improving conditions on the site
surrounding the tree, and implementing a pest management program.
Other provisions of the ordinance include:
1. The application shall include a report from an arborist certified by the
International Society of Arboriculture (ISA), or other equivalent organization,
documenting the health of the tree and explaining the reason(s) for removal.
2. Public notice of the proposed removal shall be posted on the affected tree (s) and
in at least two conspicuous locations on the site clearly visible to and readable
from public property. The notice must appear for a minimum of 10 days.
3. Replacement tree(s) shall be of the same species as the tree that was removed
and shall be planted on the same site as the removed tree, whenever possible.
Should onsite-replacement be infeasible, planting of replacement tree(s) on
public property or payment of an in lieu fee may be allowed at the discretion of
the Director of Public Works.
The number and size of replacement trees shall be based on the number and size of
trees approved for removal, as indicated in Table 1, below. If the tree being replaced is
a tree that was required as a part of an approved Landscaping Plan, the replacement
species must be consistent with the Landscaping Plan. Otherwise, the replacement tree
may be of any species included on the City’s Master Tree Planting Plan.
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Table 1
Replacement Tree Requirements
Trunk Size of Removed Tree
(measured at 41/2 feet above
grade)
Replacement Ratio Required
(per tree removed)
Circumference
(inches) Number of
replacement trees
Minimum Size
19 to 37 3 15 gallon
38 to 75 2 24 inch box
Greater than 75 2 36 inch box
Heritage Trees 2 48 inch box
If a mitigation measure for removal of a protected tree, community of protected
trees or a heritage tree contained in a certified environmental document requires
greater numbers or size of replacement trees than specified in Table 1, above,
that requirement shall supersede the requirements of this section. For examp le if
an EIR requires three 24-inch box replacement trees for removal of a 40-inch
tree, that requirement would apply instead of the two trees required by the
ordinance.
K. Emergency Situations: In emergency situations caused by the hazardous or
dangerous condition of a tree that requires immediate action for the safety of life
or property, such necessary action may be taken to remove the tree or otherwise
reduce or eliminate the hazard without first complying with the other provisions of
this Section, except that the person responsible for actions taken to reduce the
hazard or to remove the tree shall report such action to the Community
Development Department within five working days of that action. In addition,
photographs thoroughly documenting the hazardous or dangerous condition of
the tree shall be taken prior to any action to remove it. Such photographs shall
be provided to the Community Development Department upon request. A tree
removal permit and provision of replacement trees are still required .
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L. The decision of the Community Development Director may be appealed to the
Planning Commission within twenty (20) days after the decision by the
Community Development Director.
M. The violation of any provision contained in this Section is hereby decl ared to be
unlawful and shall constitute a public nuisance and a misdemeanor. As a public
nuisance and a misdemeanor, the violation shall be subject to the penalties or
remedies as described in Sections (h) Replacement and (k) Penalties, of this
ordinance.
PLANNING COMMISSION DISCUSSION AND ACTION
On February 1, 2018, the Planning Commission held a public hearing to consider the
proposed ordinance. There was no public testimony. Commission discussion included
the cost of the permit fee, the relationship of the proposed tree removal permit to the
CEQA environmental analysis for a new development and how replacement tree
species are selected. Staff responses included the following. The permit fee is
expected to be between $150 - $300.
The Protected Tree Removal Permit only addresses trees on private property. Analysis
of proposed tree removal as a part of a new development is incorporated into the
environmental analysis of the project. Replacement trees are to be selected from the
list of indigenous trees included in the ordinance. The Commission voted 5-0-1-0
(Commissioner Armendariz absent, one seat vacant) to recommend the City Council
approve the Protected Tree Removal ordinance.
ALTERNATIVES
Should the City Council wish to approve the changes to Section 30.38.270 as proposed,
an approval ordinance is attached for introduction. This is the recommended action.
Should the Council request changes to the proposed ordinance, it will be brought back
at a later date for approval. This action is based on Council’s discussion at the
meeting.
Should the Council choose not to approve the proposed ordinance, there will continue
to be no Zoning Ordinance provisions to regulate the removal of significant trees on
private property and minimal enforcement options to penalize individuals who remove
significant, valuable trees in the community. This action is not recommended.
FISCAL IMPACT/FUNDING SOURCE
No fiscal impacts are associated with this request for Council adoption of the proposed
ordinance.
NEXT STEPS
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Should the Council introduce the recommended ordinance, the ordinance will be
scheduled for adoption at the next regular meeting and will be effective 30 days
thereafter.
PUBLIC OUTREACH
On November 13, 2017, Planning Staff held a Developer’s Roundtable meeting at which
the proposed Protected Tree Removal Ordinance was reviewed. There was minimal
input from those in attendance. One suggestion made was that tree removal mitigation
measures included in certified environmental documents requiring a higher replacement
ratio and/or size of replacement trees than specified in the ordinance should take
precedence. That change has been incorporated into the ordinance.
The public notice for this item, published in the Gilroy Dispatch on February 16, 20 18
meets the Government Code requirement for projects of citywide importance. In
addition, Planning Commission packets are available through the City’s webpage prior
to the scheduled meeting.
Attachments:
1. Protected Tree Ordinance
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1
ORDINANCE NO. 2018-XX
ORDINANCE NO. 2018-XX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GILROY ADDING A NEW SECTION 30.38.270 TO THE GILROY
CITY CODE ENTITLED PROTECTED TREE REMOVAL
WHEREAS, Gilroy City Code, Article 30, Section 30.38 pertains to the removal of
significant trees on private property; and
WHEREAS, the City recognizes that existing and future trees and tree communities located
in the city are a valuable and distinctive resource and that they augment the economic base of the
city through encouragement of tourism and enhancement of the living environment; and
WHEREAS, the removal of significant trees and diminishing of tree communities reduces
property values and the scenic beauty and attractiveness of the city to residents and visitors; and
WHEREAS, the Planning Commission of the City of Gilroy held a public hearing on
February 1, 2018 to consider the request and reviewed written materials and oral comments related
to the proposed code amendments, and recommended approval of the ordinance; and
WHEREAS, the subject ordinance amendment is covered under Section 15308 of the
California Environmental Quality Act (CEQA) Guidelines as an action by a regulatory agency for
protection of the environment; and
WHEREAS, the Planning Commission hereby recommends the City Council find that there
are no unusual circumstances that would justify an exception to the use of Section 15308 of the
California Environmental Quality Act (CEQA) Guidelines. Such finding is based on substantial
evidence that the ordinance is similar in character and extent to other regulatory ordinances adopted
for the protection of the environment that will have the effect of limiting damage to environmental
resources.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION I
The Gilroy City Code, Chapter 30, Article 38 is hereby amended to add Section 30.38.270
“Protected Tree Removal” relating to the removal of significant trees on private property.
30.38.270 Protected Tree Removal
(a) Purpose: The City recognizes that existing and future trees and tree communities located in the
city are a valuable and distinctive resource. These trees and tree communities augment the
economic base of the city through encouragement of tourism and enhancement of the livi ng
environment. The removal of protected trees and diminishing of tree communities would reduce
property values and the scenic beauty and attractiveness of the city to residents and visitors.
In order to protect this resource, it is the intent of this section to regulate the removal or destruction
of protected trees and tree communities on private property within the city.
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(b) Definitions:
i. Community of Protected Trees. Any grouping of protected trees which are ecologically or
aesthetically related to each other such that the loss of several of them would cause a
protected ecological, aesthetic or environmental impact in the immediate area, as determined
by a certified arborist. In sections (d), (e), (g), and (h) of this ordinance, the term “tree” shall
refer to each and every tree in the community of protected trees that is proposed for removal.
ii. Heritage Tree. A tree of any species with a single trunk of 90 inches in circumference or
more at a point four and one half feet (4 1/2’) above the ground or with multiple trunks, two
of which collectively measure 72 inches in circumference or more at a point four and one
half feet (4 1/2’) above the ground.
iii. Indigenous Tree. A tree which is native to the Gilroy region, including oaks (all types),
California Bay (Umbellularia californica), Big Leaf Maple (Acer macrophyllum), Madrone
(Arbutus menziesii), California Sycamore (Platanus racemosa), California Buckeye
(Aesculus californica) and Alder (Alnus glutinosa).
iv. Protected Tree. Any indigenous tree characterized by having a single trunk of nineteen
inches (19”) in circumference or more at a point four and one half feet (41/2’) above the
ground. Nonindigenous tree species and orchards (including individual fruit and nut trees)
are exempt from this definition for the purpose of this section.
v. Tree. A woody perennial plant characterized by having a main stem or trunk, or a multi -
stemmed trunk system with a more or less definitely formed crown, and is usually over ten
feet high at maturity. This definition shall not include trees planted, grown and held for sale
by licensed nurseries or the first removal or transplanting of such trees pursuant to and as a
part of operation of a licensed nursery business.
(c) Permit Required: It is unlawful for any person to cut down, remove, poison or otherwise
damage, kill or destroy or cause to be removed any of the following on any private property without
first securing a permit as provided in this section:
i. A protected tree
ii. Greater than 25% of the trees within the outermost dripline of a community of protected
trees
iii. A heritage tree
A separate tree removal permit shall not be required for projects which have been approved through
a discretionary process by the Planning Division, Planning Commission or City Council and the
removal of protected trees or community of trees were reviewed to ensure compliance with all
requirements of this section and authorized by that approval. Trimming, removal and other
activities related to trees in the public right of way are regulated by Section 26 of the Gilroy City
Code.
(d) Application: Any person desiring to cut down, remove, destroy or cause to be removed any
protected tree, community of protected trees, or heritage tree shall apply to the Planning Division
for a tree removal permit on forms provided by the Division. The application shall inclu de
information to describe and justify the removal request and a report from an arborist certified by the
International Society of Arboriculture (ISA) or other equivalent organization acceptable to the
Planning Manager. The arborist report shall include all of the following, unless otherwise approved
by the Planning Manager:
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• Site plan showing location of the tree (include buildings, driveways, etc.)
• Clear pictures of the tree indicating location, details signs of failure or disease
• Description of species of the tree
• Estimated height of the tree
• Circumference or diameter at breast height of the tree
• Discussion of the general health of the tree
• Value of the tree according to the ISA tree valuation formula
• Discussion of the tree’s risk
• Discussion of why the tree cannot be saved, including consideration of the following
techniques:
Discussion of risk management pruning
Discussion of installation of structural support system
Discussion of improving site conditions/cultural conditions
Discussion of implementing integrated pest management programs
• Description of the method to be used for removal of the tree
• Reason for removal of the tree
• Proposed replacement tree, including species, size, location.
(e) Public Notice: The applicant shall cause a notice of the proposed removal to be posted on the
affected tree and in at least two conspicuous locations on the site clearly visible to and readable
from public property on a form provided by the Planning Division. The notices shall be a minimum
of 8.5 x 11 inches in size. In addition, the notice shall be mailed to the owners of record of all
properties which are immediately adjacent to and directly across the street from the property on
which the tree is located. The notice shall include the application number, a description of the
proposal, including the location of the tree to be removed, contact information for the Planning
Division from which additional information may be obtained and the final date for receipt of
comments. A minimum of 10 days from the date of posting shall be given for comments to be
received. No action shall be taken on any application until the applicant has filed an affidavit that
such posting has been accomplished and the review period has expired. Emergency situations, as
described below, are not subject to this provision.
(f) Application Review and Approval: The Planning Division shall review the application for
removal of protected tree, community of protected trees or heritage tree and shall determine on the
basis of the information provided and the findings listed in Section (g), below whether to approve,
approve with conditions or deny the request.
(g) In order to approve an application for tree removal, the following findings must be made:
i. At least one of the following findings must be made:
A. The tree is dead, diseased or in danger of falling
B. The tree is determined to be an immediate threat to life or property
C. The tree is determined to be causing damage or reasonably expected to cause damage to
existing buildings or interfere with utility services
D. The retention of the tree restricts the economic enjoyment of the property or creates an
unusual hardship for the property owner by severely limiting the use of the property in a
manner not typically experienced by owners of similarly situated properties, and the
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applicant has demonstrated to the satisfaction of the Community Development Director
that there are no reasonable alternatives to preserve the tree.
E. Retention of the tree would result in reduction of the permissible building envelope by
more than twenty-five (25) percent, and
ii. None of the tree management techniques referenced in Section (d), above are deemed
feasible to save the tree.
In granting any permit pursuant to this section, the Community Development Director may attach
reasonable conditions to ensure compliance with the intent and purpose of the section including, but
not limited to planting of replacement trees, mitigation of visual impacts and control of erosion.
(h) Replacement: Any tree approved for removal under this section shall be replaced. Replacement
trees shall be of the same species as the tree that was removed unless otherwise approved by the
Community Development Director. Replacement tree shall be planted on the same site as the
removed tree; however, if the site is inadequate in size to accommodate the replacement tree , the
replacement tree may be planted on public property with the approval of the Director of Public
Works. Alternatively, the Director of Public Works, at his/her discretion, may accept an in lieu
payment for the value of the removed tree to be used for tree planting in City parks. The tree value
shall be established by an arborist certified by the ISA or other equivalent organization acceptable
to the Director of Public Works using the ISA Tree Valuation Formula. The in lieu payment shall
include funds sufficient for the care of the replacement tree during their establishment period as
determined by the Director of Public Works. The number and size of replacement trees shall be
based on the number and size of trees approved for removal, as indicated in Table 1, below. If the
tree being replaced is a tree that was required as a part of an approved Landscaping Plan, the
replacement species must be consistent with the Landscaping Plan. Otherwise, the replacement tree
may be of any species included on the City’s Master Tree Planting Plan.
Table 1
REPLACEMENT TREE REQUIREMENTS
Trunk Size of Removed Tree
(measured at 4 1/2 feet above
grade)
Replacement Ratio Required
(per tree removed)
Circumference
(inches)
Number of
replacement trees Minimum Size
19 to 37 3 15 gal.
38 to 75 2 24 inch box
Greater than 75 2 36 inch box
Heritage Trees 2 48 inch box
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If a mitigation measure for removal of a protected tree, community of protected trees or a heritage
tree contained in a certified environmental document requires greater numbers or size of
replacement trees than specified in Table 1, above, that requirement shall supercede the
requirements of this Section.
(i) Emergency Situations: In emergency situations caused by the hazardous or dangerous condition
of a tree that poses an immediate threat to the safety of life or property, the minimum necessary
actions may be taken to reduce or eliminate the hazard without complying with the other provisions
of this Section, except that the person responsible for actions taken to reduce the hazard or to
remove the tree shall report such action to the Community Development Department within five
working days of that action. Photographs thoroughly documenting the hazardous or dangerous
condition of the tree shall be taken prior to any action to reduce the immediate threat. A Tree
Removal Permit, as specified in this ordinance, shall be submitted prior to removal of the tree. The
required arborist report shall document the conditions that warrant removal of the tree, including the
photographs referenced above.
(j) Appeal. Anyone so desiring may appeal the decision of the Community Development Director
by written request to the Planning Commission and payment of the appeal fee within twenty (20)
days after the date of the decision of the Community Development Director.
(k) Penalties.
(i) The violation of any provision contained in this Section is hereby declared to be unlawful
and shall constitute a public nuisance and a misdemeanor. As a public nuisance and a
misdemeanor, the violation shall be punishable by a fine of not more than one thousand
dollars ($1,000.00) or by imprisonment not to exceed six (6) months, or both such fine and
imprisonment. Each tree removed in violation of this division shall constitute a separate
offense.
(ii) Violators may also be required to replace the tree pursuant to the provisions of Section (h)
Replacement.
(iii) In addition to the penalties imposed by subsections, (i) and (ii) above, any person who
destroys, removes or damages a protected tree, community of protected trees or a heritage
tree without a permit in circumstances in which a permit application has been denied, or
would have been denied, shall be liable to the city for a civil penalty in an amount equal to
the tree's value to be established by an arborist certified by the ISA or other equivalent
organization acceptable to the Director of Public Works using the ISA Tree Valuation
Formula.
SECTION II
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
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any one or more sections, subsections, subdivisions, sentences, clauses, or phrases be declared
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 _______, 2018, by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
APPROVED:
_________________________
Roland Velasco, Mayor
ATTEST:
_______________________________
Shawna Freels, City Clerk
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