HomeMy WebLinkAbout03/19/2018 City Council - Regular Meeting Agenda Packet
March 16, 2018 11:46 AM 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 19, 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
03/19/2018 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. Proclamations Recognizing Eagle Scouts Samuel Blawski, Caleb
Southard and Mason Adams
2. Proclamation Naming the Month of March Red Cross Month
3. Proclamation Recognizing the Gilroy High School Mustangs Wrestling
Team as 2nd Place Winners of the 2018 California Interscholastic
Federation State Wrestling Championship
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 ma terial may be provided electronically.)
City Council Regular Meeting Agenda
03/19/2018 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, SCRWA
Board, Street Naming Committee, VTA Committee for Transit Accessibility
Council Member Leroe-Muñoz - ABAG, Economic Development Corporation Board,
Cities Association of Santa Clara Co. Board, HSR Station Area Planning Advisory
Committee & HSR Sub-Committee, Santa Clara Valley Water Dist. Water Comm.,
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 Cou ncil 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 s hould ask to have that item removed from the
consent calendar prior to the time the Council votes to approve. If removed, the item will be
discussed in the order in which it appears.
A. Minutes of the February 26, 2018 Regular Meeting
B. Minutes of the March 5, 2018 Regular Meeting
C. Appointment of One Member to the Open Government Commission to a
Vacant Seat With a Term Ending 12/31/2018
D. Adoption of an Ordinance of the City Council of the City of Gilroy
Removing Article 30.38 "Landscaping" in its Entirety and Replacing it With
a New Article 30.38 Entitled "Landscaping, Water Efficiency and
Stormwater Retention and Treatment" Relating to the Installation and
Maintenance of Landscaping in Existing and New Development (introduced
2/26/18 with a 7-0 vote)
City Council Regular Meeting Agenda
03/19/2018 Page4 E. Notice of Acceptance of Completion for City Wide Pavement Improvement
Project No. 17-PW-237
F. Reduction of the Faithful Performance and Payment Security Bonds for In-
Tract Improvements, Property Improvement Agreement No. 2014-01,
Hecker Pass East Cluster Tract 10220
G. Notice of Acceptance of Completion of Property Improvement Agreement
2014-07, Silveira Tract 10230
H. Notice of Acceptance of Completion of San Ysidro Park Pathway Phase II,
Project No. 17-PW-240
I. Claim of Joe Rodriguez (The City Administrator recommends a “yes” vote
under the Consent Calendar shall constitute the denial of the claim)
VII. BIDS AND PROPOSALS
A. Contract Bid Awards to CSG, WC3, 4 Leaf Inc., Bureau Veritas, and TRB
Associates for On-Call Standard and Expedited Building, Fire Plan Check
and Inspection Services
1. Staff Report: Kristi Abrams, Community Development Director
2. Public Comment
3. Possible Action:
Award contracts to CSG, WC3, 4 Leaf Inc., Bureau Veritas, and TRB Associates
as pre-approved consultants on an as needed basis for building and fire
prevention plan review and inspection services for a 3-year period, with up to two
one-year extensions, and authorize the City Administrator to execute the
agreements.
VIII. PUBLIC HEARINGS-NONE
IX. UNFINISHED BUSINESS
A. Consideration of Proposed Parks and Amenities Design Guidelines
1. Staff Report: Girum Awoke, Public Works Director
2. Public Comment
3. Possible Action:
Adoption of Parks and Amenities Design Guidelines
X. INTRODUCTION OF NEW BUSINESS
A. Presentation of 2017 General Plan Annual Report
1. Staff Report: Kristi Abrams, Community Development Director
2. Public Comment
3. Possible Action:
Acceptance of the 2017 General Plan Annual Report and direction to staff to
transmit the report to the State.
XI. CITY ADMINISTRATOR'S REPORTS
XII. CITY ATTORNEY'S REPORTS
XIII. CLOSED SESSION
City Council Regular Meeting Agenda
03/19/2018 Page5 A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to
Government Code Section 54957 and Gilroy City Code Section 17A.8 (a) (4)
Name/Title: Shawna Freels, City Clerk
1. Public Comment on Closed Session
2. Adjourn to Closed Session
ADJOURN TO OPEN SESSION
Report of any action taken in Closed Session and vote or abstention of each
Councilmember if required by Government Code Section 54957.1 and Gilroy Code
Section 17A.13 (a); Public Report of the vote to continue in closed session if required
under Gilroy Code Section 17A.11 (5)
ADJOURNMENT
MEETING DATES
MARCH, 2018
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
JUNE, 2018
4* Regular Meeting - 6:00 p.m., City Council Chambers
18* Regular Meeting - 6:00 p.m., City Council Chambers
JULY, 2018
2* Regular Meeting - 6:00 p.m., City Council Chambers
Proclamation of the City of Gilroy
Whereas, Samuel Blawski began his Scouting journey in 2006 as a
Cub Scout with Pack 54 in Bloomfield NY where he earned his Arrow of
Light prior to bridging to Boy Scouts in 2011; and
Whereas, after a cross country move to Gilroy, California in 2012,
Samuel jointed Troop 792 in Gilroy where he gained immeasurable leadership
experience through his many positions within the Troop; and
Whereas, he has earned 25 merit badges, with sailing, wilderness
survival and rifle shooting standing out as his favorites; and
Whereas, Samuel completed his Eagle Scout project for the Gilroy
Compassion Center in September 2017 with the help of his fellow Scouts. The
project was a much needed facelift to the main office and restroom of the center.
NOW, THEREFORE, I, Roland Velasco, Mayor of the City of
Gilroy, on behalf of the entire City Council, do hereby wish to recognize
Samuel Blawski
for achieving the award of distinction of
Eagle Scout
by
Boy Scouts of America
_____________________
Mayor Roland Velasco
2.A.1
Packet Pg. 6 Communication: Proclamations Recognizing Eagle Scouts Samuel Blawski, Caleb Southard and Mason Adams (Proclamations, Awards, and
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Packet Pg. 7 Communication: Proclamations Recognizing Eagle Scouts Samuel Blawski, Caleb Southard and Mason Adams (Proclamations, Awards, and
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Packet Pg. 8 Communication: Proclamations Recognizing Eagle Scouts Samuel Blawski, Caleb Southard and Mason Adams (Proclamations, Awards, and
Proclamation of the City of Gilroy
Whereas, the City of Gilroy has a long history of helping our neighbors in need.
American Red Cross Month is a special time to recognize and thank our heroes – those
Red Cross volunteers and donors who give of their time and resources to help community
members; and
Whereas, these heroes help families find shelter after a home fire. They give blood
to help trauma victims and cancer patients. They deliver comfort items to military members
in the hospital. They use their lifesaving skills to save someone from a heart attack,
drowning or choking. They enable children around the globe to be vaccinated against measles
and rubella; and
Whereas, The American Red Cross depends on local heroes to deliver help and
hope during a disaster. We applaud our heroes here in Gilroy who give of themselves to
assist their neighbors when they need a helping hand; and
Whereas, across the country and around the world, the American Red Cross
responds to disasters big and small. In fact, every eight minutes the organization responds to
a community disaster, providing shelter, food, emotional support and other necessities to
those affected. It collects nearly 40 percent of the nation’s blood supply; provides 24-hour
support to military members, veterans and their families; teaches millions lifesaving skills,
such as lifeguarding and CPR; and through its Restoring Family Links program, connects
family members separated by crisis, conflict or migration ; and
Whereas, we dedicate the month of March to all those who support the
American Red Cross mission to prevent and alleviate human suffering in the face of
emergencies. Our community depends on the American Red Cross, which relies on donations
of time, money and blood to fulfill its humanitarian mission.
NOW, THEREFORE, I, Roland Velasco, Mayor of the City of Gilroy, on
behalf of the entire City Council, do hereby proclaim March 2018 as
American Red Cross Month
and encourage all Citizens of Gilroy to support this outstanding organization and its noble
humanitarian mission.
_____________________
Mayor Roland Velasco
2.A.2
Packet Pg. 9 Communication: Proclamation Naming the Month of March Red Cross Month (Proclamations, Awards, and Presentations)
Proclamation of the City of Gilroy
WHEREAS, the Gilroy High School Mustangs Wrestling Team took
the Central Coast Section wrestling championship with 1st place individual
wins in ten of the fourteen weight classes, finishing with an overall team score of
373. 5, to capture the Central Coast title; and
WHEREAS, the overall team score was a record breaking 239 points
ahead of the 2nd place team, and the Gilroy High Mustangs Wrestling
Program has now won an unprecedented 16th straight Central Coast Section
Wrestling Championship; and
WHEREAS, the 2017-2018 Gilroy High Mustangs Wrestling
Team is the first to have achieved this level of win in program history; and
WHEREAS, after their record breaking CCS win, the 2017-2018
Wrestling Team made it to the State Championships and took 2nd place
overall in the 2018 California Interscholastic Federation State Wrestling
Championship with a school record 180 points, 7 medals and two state
champions Nic Aguilar and Tony Andrade.
NOW, THEREFORE, I, Roland Velasco, Mayor of the City of
Gilroy, on behalf of the entire City Council, do hereby wish to congratulate
and recognize:
The Gilroy High School Mustangs Wrestling Team
Central Coast Champions and 2nd Place Winners of the 2018
California Interscholastic Federation State Wrestling
Competition
and commend the players, coaches, parents, and the staff whose hard work led
to these amazing wins.
_____________________
Mayor Roland Velasco
2.A.3
Packet Pg. 10 Communication: Proclamation Recognizing the Gilroy High School Mustangs Wrestling Team as 2nd Place Winners of the 2018 California
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City Council Meeting Minutes
02/26/2018
City of Gilroy
City Council Meeting Minutes
February 26, 2018
I. OPENING
A. Call to Order
The meeting was called to order at 6:00 PM by Mayor Mayor Roland Velasco
1. Pledge of Allegiance
The pledge of allegiance was led by Council Member Tovar.
2. Invocation
There was no invocation provided.
3. City Clerk's Report on Posting the Agenda
City Clerk Shawna Freels announced that the agenda had been posted on
February 28, 2017 at 5:30 p.m.
Attendee Name Title Status Arrived
Mayor Roland Velasco Mayor Present 6:00 PM
Marie Blankley Council Member Present 6:00 PM
Dion Bracco Council Member Present 6:00 PM
Daniel Harney Mayor Pro Tempore Present 6:00 PM
Peter Leroe-Muñoz Council Member Present 6:00 PM
Fred Tovar Council Member Present 6:00 PM
Cat Tucker Council Member Present 6:00 PM
B. Orders of the Day
There were no agenda changes.
C. Employee Introductions
There were none.
II. CEREMONIAL ITEMS
A. Proclamations, Awards, and Presentations
1. Proclamation Honoring the Contributions of Linda Callon
Mayor Velasco presented the proclamation to Jack Callon.
2. Proclamation Recognizing the 25th Anniversary of Pastor Malcolm
MacPhail and Kathy MacPhail at New Hope Community Church
Mayor Velasco presented the proclamation.
III. PRESENTATIONS TO THE COUNCIL
Amos Brown spoke on prior problems he had experienced with the city stating
that he felt for the city was discouraged as a citizen.
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IV. REPORTS OF COUNCIL MEMBERS
Council Member Tucker reported on CalTrain Citizen Advisory Committee
meeting and issues with seating and bicycle capacity, and further reported on the
Gilroy Welcome Center strategic planning session held the prior week.
Mayor Pro Tempore Harney reported on the VTA policy group discussions and
spoke on the litigation related to measure B, and further spoke on the efforts of
the Mobility Partnership. He concluded by reporting on the Gilroy Gardens
strategic planning session.
Mayor Velasco announced his planned State of the City address dates of March
1st and March 3rd.
V. FUTURE COUNCIL INITIATED AGENDA ITEMS
Council Member Tucker spoke on addressing absences of Board and
Commission Members, asking that attendance be addressed at a future meeting.
Mayor Pro Tempore Harney asked that a future study session be set with VTA
staff to address the Mobility Partnership project options.
VI. CONSENT CALENDAR (ROLL CALL VOTE)
RESULT: APPROVE [UNANIMOUS]
MOVER: Dion Bracco, Mayor Pro Tempore
SECONDER: Cat Tucker, Council Member
AYES: Velasco, Blankley, Bracco, Harney, Leroe-Muñoz, Tovar, Tucker
A. City Council Regular Meeting Minutes of Feb 5, 2018
B. A Resolution of the City Council of the City of Gilroy Establishing Required
Bonding for Designated City Officials
C. Appointment of Members to the Public Art Committee
D. Resolution to Support the "Reducing Crime and Keeping California Safe
Act of 2018"
E. California Assembly Bill 1600 Annual Impact Fee Report for FY 2016-17
F. Approval of an Amended Lease Agreement Between Gilroy Gardens
Family Theme Park and the City of Gilroy to Extend the Lease by One (1)
Year
G. Property Improvement Agreement No. 2017-08 for Un-reinforced Masonry
Wall (URM) Rehabilitation at 7310 Monterey Street, APN: 841-08-004
H. Approval of Final Map and Property Improvement Agreement No. 2018 -03
for Montonico - Tract 10345, APN: 808-18-018 (portion)
I. Approval of Final Map and Property Improvement Agreement No. 2018 -02
for Home Ranch, Tract 10302, APN 808-43-005
J. Approval of Property Improvement Agreement No. 2018 -01 and Easement
Dedication, APN 835-04-078
VII. BIDS AND PROPOSALS
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A. Bid Award to Owen Equipment for the Purchase of a Vactor HXX Paradigm
Vacuum Excavator in an Amount not to Exceed $349,000.00
The item was presented by Public Works Director Awoke.
There were no public comments.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Fred Tovar, Council Member
SECONDER: Cat Tucker, Council Member
AYES: Velasco, Blankley, Bracco, Harney, Leroe-Muñoz, Tovar,
Tucker
VIII. PUBLIC HEARINGS
A. Introduction of an Ordinance of the City Council of the City of Gilroy
Removing Article 30.38 "Landscaping" in its Entirety and Replacing it With
a New Article 30.38 Entitled "Landscaping, Water Efficiency and
Stormwater Retention and Treatment" Relating to the Installation and
Maintenance of Landscaping in Existing and New Development (continued
from the 2/5/18 meeting)
The item was introduced by City Administrator Gonzalez and the staff report was
further presented by Senior Planner Ketchum.
The public hearing was opened; there being none it was then closed.
Possible Action:
to read the ordinance by title only and waive further reading.
City Clerk Freels read the ordinance title.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Daniel Harney, Council Member
SECONDER: Cat Tucker, Council Member
AYES: Velasco, Blankley, Bracco, Harney, Leroe-Muñoz, Tovar,
Tucker
Possible Action:
Introduction of an Ordinance of the City Council of the City of Gilroy
Removing Article 30.38 "Landscaping" in its Entirety and Replacing it With
a New Article 30.38 Entitled "Landscaping, Water Efficiency and
Stormwater Retention and Treatment" Relating to the Installation and
Maintenance of Landscaping in Existing and New Development (continued
from the 2/5/18 meeting)
RESULT: ADOPTED [UNANIMOUS]
MOVER: Daniel Harney, Council Member
SECONDER: Cat Tucker, Council Member
AYES: Velasco, Blankley, Bracco, Harney, Leroe-Muñoz, Tovar,
Tucker
IX. UNFINISHED BUSINESS
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There was none.
X. INTRODUCTION OF NEW BUSINESS
A. Approval of an Agreement with LimeBike to Operate a 6-Month Pilot
Bicycle Sharing Program and Authorization to the City Administrator to
Execute the Agreement
The staff report was presented by Transportation Engineer Heap.
Public comment was opened.
Bicycle Pedestrian Commission Chair Hilton shared the work of the commission
to bring the proposal to the city.
Public comment was then closed.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Daniel Harney, Council Member
SECONDER: Fred Tovar, Council Member
AYES: Velasco, Blankley, Bracco, Harney, Leroe-Muñoz, Tovar,
Tucker
B. Fiscal Year 2017 (FY 17) Audit and Comprehensive Annual Financial Report
The staff report was presented by Finance Director Forbis.
There were no public comments.
Possible Action:
Receive Fiscal Year 2017 Audit and Comprehensive Annual Financial
Report.
RESULT: APPROVE [UNANIMOUS]
MOVER: Cat Tucker, Council Member
SECONDER: Peter Leroe-Muñoz, Council Member
AYES: Velasco, Blankley, Bracco, Harney, Leroe-Muñoz, Tovar,
Tucker
C. Fiscal Year 2017 (FY 17) Year-End and Fiscal Year 2018 (FY 18) Mid-Year
Financial Report
The staff report was presented by Finance Director Forbis.
There were no public comments.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Cat Tucker, Council Member
SECONDER: Dion Bracco, Mayor Pro Tempore
AYES: Velasco, Blankley, Bracco, Harney, Leroe-Muñoz, Tovar,
Tucker
D. Proposed Fiscal Year 2018 (FY18) Mid-Year Budget Amendment Request
The staff report was presented by City Administrator Gonzalez.
There were no public comments.
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Possible Action:
Approval of a Fiscal Year 2018 (FY18) budget amendment in the amount of
$137,000 for the implementation of an enforcement plan to address quality
of life crimes in the community.
RESULT: APPROVE [UNANIMOUS]
MOVER: Daniel Harney, Council Member
SECONDER: Fred Tovar, Council Member
AYES: Velasco, Blankley, Bracco, Harney, Leroe-Muñoz, Tovar,
Tucker
E. Update on Projects Approved During the Fiscal Year 2018 and 2019 Budget
Process
The staff report was introduced by City Administrator Gonzalez and further
presented by Senior Management Analyst Atkins.
There were no public comments.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Cat Tucker, Council Member
SECONDER: Dion Bracco, Mayor Pro Tempore
AYES: Velasco, Blankley, Bracco, Harney, Leroe-Muñoz, Tovar,
Tucker
F. Council Appointment of Members to Serve in Regional Representative
Seats and Suggested Appointees to Serve on the Gilroy Economic
Development Corporation Board, Gilroy Downtown Business Association
Board and Gilroy Welcome Center Board
Mayor Velasco presented the item.
There were no public comments.
Possible Action:
Appointment of Council Members to serve in regional representative seats
and suggested appointees to serve on the Gilroy Economic Development
Corporation Board, Gilroy Downtown Business Association Board and
Gilroy Welcome Center Board
RESULT: APPROVE [UNANIMOUS]
MOVER: Peter Leroe-Muñoz, Council Member
SECONDER: Cat Tucker, Council Member
AYES: Velasco, Blankley, Bracco, Harney, Leroe-Muñoz, Tovar,
Tucker
XI. CITY ADMINISTRATOR'S REPORTS
City Administrator Gonzalez spoke enhancements made to the staffing
compliment at the front counter of Community Development to offer a more
balanced level of seasoned staff for a heightened level of customer service, and
the inclusion of more seasoned staff within the development review meetings.
A. Update on Projects Approved During the Fiscal Year 2018 and 2019 Budget
Process
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Possible Action:
Receive update on projects.
XII. CITY ATTORNEY'S REPORTS
There was none.
XIII. CLOSED SESSION
A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to GC
Sec. 54956.8 and GCC Sec.17A.8 (a) (2) Property: 3050 Hecker Pass
Highway, APN’s 783-05-011; -012; -013;810-17-014;-015; -021; -024; -025; -
026; -029; 810-18-002; -010; -011;801-19-005; -007; -010; -011; -014 (Gilroy
Gardens) Negotiators: Gabriel Gonzalez, City Administrator; Other Party to
Negotiations: Gilroy Gardens; Negotiating Price and Terms
B. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to
Government Code Section 54957 and Gilroy City Code Section 17A.8 (a) (4)
Name/Title: Shawna Freels, City Clerk
There were no public comments.
ADJOURNMENT
The Council adjourned to closed session at 8:16 p.m.
/s/ Shawna Freels,MMC
City Clerk
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City Council Meeting Minutes
03/5/2018
City of Gilroy
City Council Meeting Minutes
March 5, 2018
I. OPENING
A. Call to Order
The meeting was called to order at 6:00 PM by Mayor Mayor Roland Velasco
1. Pledge of Allegiance
The pledge of allegiance was led by Council Member Tovar.
2. Invocation
There was none.
3. City Clerk's Report on Posting the Agenda
City Clerk Shawna Freels announced that the agenda had been posted on
February 28, 2018 at 5:30 p.m.
Attendee Name Title Status Arrived
Mayor Roland Velasco Mayor Present 6:16 PM
Marie Blankley Council Member Present 5:59 PM
Dion Bracco Council Member Present 5:45 PM
Daniel Harney Mayor Pro Tempore Present 6:01 PM
Peter Leroe-Muñoz Council Member Present 6:02 PM
Fred Tovar Council Member Present 6:02 PM
Cat Tucker Council Member Present 5:57 PM
B. Orders of the Day
There were no agenda changes.
C. Employee Introductions
There were none.
II. CEREMONIAL ITEMS
A. Proclamations, Awards, and Presentations
1. Proclamation Naming the Month of March Youth Arts Month
Mayor Pro Tempore Harney presented the proclamation.
2. Proclamation Naming the Week of March 12, 2018 Science Fair Week
Mayor Pro Tempore Harney presented the proclamation.
III. PRESENTATIONS TO THE COUNCIL
There were no public comments on items not on the agenda.
IV. REPORTS OF COUNCIL MEMBERS
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City Council Meeting Minutes
03/5/2018
Council Member Tucker thanked the 5th grade class at Luigi Aprea School for
inviting her to read to the students and answer their questions.
Mayor Pro Tempore Harney spoke on his experience reading to the 4th grade
students at Luigi Aprea school.
Council Member Tovar acknowledged the Gilroy High wrestling team for their
wins at the state level.
V. FUTURE COUNCIL INITIATED AGENDA ITEMS
Council Member Harney requested that annual work plans from the various
commission be presented to the Council.
The full Council agreed to calendar the item on a future agenda.
VI. CONSENT CALENDAR (ROLL CALL VOTE)
RESULT: APPROVE [UNANIMOUS]
MOVER: Cat Tucker, Council Member
SECONDER: Dion Bracco, Council Member
AYES: Velasco, Blankley, Bracco, Harney, Leroe-Muñoz, Tovar, Tucker
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
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
The item was introduced by City Administrator Gonzalez and the staf f report was
further presented by Public Works Director Awoke.
Public comment was opened.
Jerrod Coddington spoke on issues with extended construction time lines and
increases in construction labor and supplies costs throughout the bay area.
Public comment was then closed.
Mayor Velasco announced that he had spoken to the contractor regarding the
bid.
6.B
Packet Pg. 18 Communication: Minutes of the March 5, 2018 Regular Meeting (CONSENT CALENDAR (ROLL CALL VOTE))
3
City Council Meeting Minutes
03/5/2018
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.
RESULT: APPROVE [5 TO 2]
MOVER: Fred Tovar, Council Member
SECONDER: Marie Blankley, Council Member
AYES: Velasco, Blankley, Leroe-Muñoz, Tovar, Tucker
NAYS: Dion Bracco, Daniel Harney
B. Award of Bid to Owen Equipment in the Amount of $321,000 for the
Purchase of a Street Sweeper
The item was introduced by City Administrator Gonzalez and the staff report was
presented by Fleet Manager Salazar.
There were no public comments.
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.
RESULT: APPROVE [UNANIMOUS]
MOVER: Cat Tucker, Council Member
SECONDER: Peter Leroe-Muñoz, Council Member
AYES: Velasco, Blankley, Bracco, Harney, Leroe-Muñoz, Tovar,
Tucker
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
The item was presented by Public Works Director Awoke.
There were no public comments.
6.B
Packet Pg. 19 Communication: Minutes of the March 5, 2018 Regular Meeting (CONSENT CALENDAR (ROLL CALL VOTE))
4
City Council Meeting Minutes
03/5/2018
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.
RESULT: APPROVE [UNANIMOUS]
MOVER: Cat Tucker, Council Member
SECONDER: Peter Leroe-Muñoz, Council Member
AYES: Velasco, Blankley, Bracco, Harney, Leroe-Muñoz, Tovar,
Tucker
D. Contract Amendment with CSG Consultants in the Amount of $950,000 for
Engineering Plan Review, Construction Inspection, Transportation and
Capital Project Services
The item was introduced by City Administrator Gonzalez and the staff report was
further presented by Public Works Director Awoke.
There were no public comments.
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.
RESULT: APPROVE [UNANIMOUS]
MOVER: Cat Tucker, Council Member
SECONDER: Peter Leroe-Muñoz, Council Member
AYES: Velasco, Blankley, Bracco, Harney, Leroe-Muñoz, Tovar,
Tucker
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
The staff report was presented by Community Development Director Abrams.
There were no public comments.
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.
RESULT: APPROVE [UNANIMOUS]
MOVER: Peter Leroe-Muñoz, Council Member
SECONDER: Fred Tovar, Council Member
AYES: Velasco, Blankley, Bracco, Harney, Leroe-Muñoz, Tovar,
Tucker
VIII. PUBLIC HEARINGS
6.B
Packet Pg. 20 Communication: Minutes of the March 5, 2018 Regular Meeting (CONSENT CALENDAR (ROLL CALL VOTE))
5
City Council Meeting Minutes
03/5/2018
x 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
The staff report was presented by Senior Planner Ketchum.
The public hearing was opened.
Connie Rogers spoke on the community's love for trees explaining that the
majority of tree related issues were with developers cutting down trees. She
suggested that civil penalties be incorporated into the ordinance instead of
criminal penalties, and listed all of the benefits of trees to a community.
Gary Walton spoke on the benefits of trees to a community, including increased
property value and he explained that 80-85% of a city's trees were on private
property. He spoke on the importance of trees in protecting public safety by
holding down earth during a flood.
Ron Kirkish spoke on a pine tree he had been required by his insurance
company to remove, asking that the Council consider a provision in the
ordinance for such a circumstance.
The public hearing was then closed.
Possible Action:
Referral of the item back to staff for further incorporation of the Council
comments provided.
RESULT: TABLE [UNANIMOUS]
MOVER: Daniel Harney, Mayor Pro Tempore
SECONDER: Fred Tovar, Council Member
AYES: Velasco, Blankley, Bracco, Harney, Leroe-Muñoz, Tovar,
Tucker
IX. UNFINISHED BUSINESS
There was none.
X. INTRODUCTION OF NEW BUSINESS
There was none.
XI. CITY ADMINISTRATOR'S REPORTS
City Administrator Gonzalez announced that CalTrans had approved the
encroachment permit for the 1st Street waterline project so bids would be
opening, and the bid results would be presented to Council in the April to May
time period.
XII. CITY ATTORNEY'S REPORTS
There were none.
XIII. CLOSED SESSION
6.B
Packet Pg. 21 Communication: Minutes of the March 5, 2018 Regular Meeting (CONSENT CALENDAR (ROLL CALL VOTE))
6
City Council Meeting Minutes
03/5/2018
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; Lee Ann McPhillips, HR Director; Anticipated
Issues(s) Under Negotiation: Wages, Hours, Benefits, Working Conditions;
Memorandums of Understanding: MOU Between City of Gilroy & Gilroy
Police Officers
There were no public comments.
ADJOURNMENT
The Council adjourned to closed session at 8:36 p.m.
/s/ Shawna Freels,MMC
City Clerk
6.B
Packet Pg. 22 Communication: Minutes of the March 5, 2018 Regular Meeting (CONSENT CALENDAR (ROLL CALL VOTE))
City of Gilroy
STAFF REPORT
Agenda Item Title: Appointment of One Member to the Open Government Commission
to a Vacant Seat With a Term Ending 12/31/2018
Meeting Date: March 19, 2018
From: Gabriel Gonzalez, City Administrator
Department: City Clerk
Submitted By: Shawna Freels
Prepared By: Shawna Freels
Strategic Plan Goals
☐ Financially Sustainable
and High Performing
☐ Livable Community ☐ Grow the Economy
☐ Upgrade Infrastructure ☐ Vibrant Downtown
RECOMMENDATION
Appointment of one new member to the Open Government Commission to an unexpired
term ending 12/31/2018.
6.C
Packet Pg. 23
BACKGROUND
The City received a resignation from James Fay who was recently appointed to the
Open Government Commission on February 5, 2018. As we have one additional
application on file from a candidate who previously interviewed with Council, staff
recommends the Council consider her appointment to fill this vacant seat with a term
ending 12/31/2018.
Though this applicant is currently serving on the Arts and Culture Commission, she
would also like to be considered for the Open Government Commission. There is no
incompatibility of office issue with her serving concurrently on both of these
commissions.
CONCLUSION
The following applicant is before you for appointment consideration this evening:
Amanda Rudeen
Attachments:
1. Rudeen, Amanda
6.C
Packet Pg. 24
City of Gilroy Application
r... ' for Board, Commission and Committee Appointment
Board /Commission /Committee of Interest: ao".1 OCAI ,( ? ° . Gryy tSS CIVA.
Name:`''1,
Phone numbers(s) /email address *:
Are you a registered voter within the City limits? Yes )(' No
Physical Address *:
List your qualifications for this appointment:'.LV
j C' rt.4i L r '•UC` C LLt
List any service to the community including any prior appointments:
J,AJ.ice [:"+ tti lu" .
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What are your goals while serving on this Board /Commission /Committee ?:
i A J /-,k 124" -4-7) 610 (J
Why are you the most qualified to serve on this Board /Commission /Committee ?: d(IJ
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Mail I you
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d, Commission and Committee applications are a public record
lication to: Shawna Freels, City Clerk
City of Gilroy
7351 Rosanna Street, Gilroy, CA 95020
a 1 shawna.freels a(7,ci.gilroy.ca.us
C; pt Ippi3f': t 1 oi is At -,11PV jitIl _iitid 'v1ii i 1 kkxe IE:?rn t.`ir1 #i!t'
6.C.a
Packet Pg. 25 Attachment: Rudeen, Amanda (1616 : Open Govt. Commission Vacancy & Appointment)
City of Gilroy
STAFF REPORT
Agenda Item Title: Adoption of an Ordinance of the City Council of the City of Gilroy
Removing Article 30.38 "Landscaping" in its Entirety and Replacing
it With a New Article 30.38 Entitled "Landscaping, Water Efficiency
and Stormwater Retention and Treatment" Relating to the
Installation and Maintenance of Landscaping in Existing and New
Development (introduced 2/26/18 with a 7-0 vote)
Meeting Date: March 19, 2018
From: Gabriel Gonzalez, City Administrator
Department: Community Development Department
Submitted By: Kristi Abrams
Prepared By: Shawna Freels
Stan Ketchum
Strategic Plan Goals
☐ Financially Sustainable
and High Performing
Livable Community ☐ Grow the Economy
☐ Upgrade Infrastructure ☐ Vibrant Downtown
RECOMMENDATION
Motion to adopt an Ordinance of the City Council of the City of Gilroy Removing
Article 30.38 “Landscaping” in its Entirety and Replacing it With a New Article 30.38
Entitled "Landscaping, Water Efficiency, and Stormwater Retention and Treatment"
Relating to the Installation and Maintenance of Landscaping in Existing and New
Development
6.D
Packet Pg. 26
BACKGROUND:
At a meeting on February 26, 2018, the City Council voted 7 -0 to introduce an
ordinance removing Article 30.38 “Landscaping” in its entirety and replacing it with a
new Article 30.38 entitled “Landscaping, Water Efficiency, and Stormwater Retention
and Treatment” relating to the installation and maintenance of landscaping in existing
and new development. This article establishes minim um landscape standards to
enhance the appearance of developments, control soil erosion, conserve water and
enhance onsite stormwater management.
Attachments:
1. Landscape ordinance 30.38
2. 2-26-18 CC Mtg Staff Report
6.D
Packet Pg. 27
1
ORDINANCE NO. 2018-XX
ORDINANCE NO. 2018-XX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AMENDING THE GILROY CITY CODE BY REMOVING
ARTICLE 30.38 "LANDSCAPING" IN ITS ENTIRETY AND
REPLACING IT WITH A NEW ARTICLE 30.38 ENTITLED
"LANDSCAPING, WATER EFFICIENCY AND
STORMWATER RETENTION AND TREATMENT"
RELATING TO THE INSTALLATION AND MAINTENANCE
OF LANDSCAPING IN EXISTING AND NEW
DEVELOPMENT
WHEREAS, Gilroy City Code, Chapter 30, Section 30.38 pertains to requirements for
installation and maintenance of landscaping in existing and new development; and
WHEREAS, the City promotes the value and benefits of landscaping while recognizing
the need to use limited water resources as efficiently as possible; and.
WHEREAS, the Landscaping, Water Efficiency, and Stormwater Retention and
Treatment Ordinance establishes minimum landscape standards which will result in a variety of
environmental benefits, including controlling soil erosion, enhancing onsite stormwater
management, conserving water, establishing a buffer and/or screen between residential and non-
residential land uses, reducing heat and glare, and ensuring the ongoing maintenance of
landscaped areas; and
WHEREAS, the Planning Commission of the City of Gilroy held a public hearing on
January 4, 2018 to consider the request and reviewed written materials and oral comments
related to the proposed code amendments and recommended that the City Council approve Z17-
08; and
WHEREAS, the Planning Commission of the City of Gilroy has considered the zoning
code amendment request (Z 17-08), in accordance with the Gilroy Zoning Ordinance, and other
applicable standards and regulations; 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;
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:
6.D.a
Packet Pg. 28 Attachment: Landscape ordinance 30.38 (1607 : Landscape Ordinance Revisions)
2
ORDINANCE NO. 2018-XX
SECTION I
The Gilroy City Code, Chapter 30, Article 38 Landscaping, is deleted in its entirety and replaced
with a new article 30.38 entitled "Landscaping, Water Efficiency and Stormwater Retention and
Treatment" relating to the installation and maintenance of landscaping in existing and new
development
Article 30.38 Landscaping, Water Efficiency, and Stormwater Retention and Treatment
Sections
30.38.010 – Purpose
30.38.020 – Applicability
30.38.030 – Definitions
30.38.040 – General Landscape Standards
30.38.050 – Residential Zone Landscape Standards
30.38.060 – Commercial and Mixed-Use Zone Landscape Standards
30.38.070 – Industrial Zone Landscape Standards
30.38.080 – Landscape Documentation Review Process
30.38.090 – Elements of Landscape Documentation Package
30.38.100 – Water Efficient Landscape Worksheet
30.38.110 – Soil Management Report
30.38.120 – Landscape Design Plan
30.38.130 – Irrigation Design Plan
30.38.140 – Grading Design Plan
30.38.150 – Certificate of Completion
30.38.160 – Irrigation Scheduling
30.38.170 – Landscape and Irrigation Maintenance Schedule
30.38.180 – Irrigation Audit, Irrigation Survey, and Irrigation Water Use Analysis
30.38.190 – Irrigation Efficiency
30.38.200 – Recycled Water
30.38.210 – Graywater Systems
30.38.220 – Stormwater Management and Rainwater Retention
30.38.230 – Public Education
30.38.240 – Provisions for Existing Landscapes
30.38.250 – Water Waste Prevention
30.38.260 – Penalties
Purpose
The City promotes the value and benefits of landscapes while recognizing the need to use limited
water resources as efficiently as possible. In compliance with applicable State standards and
guidelines, and to promote the City’s goals and standards regarding sustainable development this
Chapter establishes minimum landscape standards for all uses for enhancing the appearance of
developments, reducing heat and glare, controlling soil erosion, enhancing onsite stormwater
management, conserving water, establishing a buffer and/or screen between residential and non-
residential land uses, and ensuring the ongoing maintenance of landscaped areas. Water
conservation measures shall be addressed through landscape and irrigation design.
6.D.a
Packet Pg. 29 Attachment: Landscape ordinance 30.38 (1607 : Landscape Ordinance Revisions)
3
ORDINANCE NO. 2018-XX
30.38.010 Applicability
A.The provisions of this Chapter shall apply to all of the following landscape projects
installed after December 1, 2015:
1.Projects requiring a Building Permit or Architectural and Site Permit that include
the addition of an aggregate landscape area of 500 square feet or more;
2.Projects requiring a Building Permit or Architectural and Site Permit that include
the rehabilitation of an aggregate landscape area of 2,500 square feet or more;
3.Existing landscaped areas shall comply with the provisions specified in Section
30.38.250 (Existing Landscaping Provisions);
4.Cemeteries.
a.New and rehabilitated cemeteries shall comply with the provisions
specified in Section 30.38.170 (Landscape and Irrigation Maintenance
Schedule) and Section 30.38.180 (Irrigation Audit, Irrigation Survey, and
Irrigation Water Use Analysis).
b.Existing cemeteries shall comply with the provisions specified in Section
30.38.240 (Provisions for Existing Landscapes).
B.Projects using treated or untreated graywater (See Section 30.38.210) or rainwater
captured on site, any parcel within the project that has less than 2,500 sq. ft. of landscape
area and meets the parcel's landscape water requirement (Estimated Total Water Use)
entirely with treated or untreated graywater or through stored rainwater captured on site
is subject only to Appendix D (Prescriptive Compliance Option) section (5) of State law.
C.This Chapter does not apply to:
1.Registered local, State or Federal historical sites;
2.Ecological restoration projects that do not require a permanent irrigation system;
3.Mined-land reclamation projects that do not require a permanent irrigation
system; or
4.Existing plant collections, as part of botanical gardens and arboretums open to the
public.
30.38.020 Definitions
Applied Water. Portion of water supplied by the irrigation system to the landscape.
Arborist Report. A report prepared by an arborist certified by the International Society of
Arboriculture (ISA) or equivalent organization acceptable to the Community Development
Director containing specific information on the location, condition, structure, potential impacts
of development, and recommended actions and mitigation measures regarding one or more trees
on an individual lot or project site.
6.D.a
Packet Pg. 30 Attachment: Landscape ordinance 30.38 (1607 : Landscape Ordinance Revisions)
4
ORDINANCE NO. 2018-XX
Automatic Irrigation Controller. Timing device used to remotely control valves that operate
an irrigation system. Automatic irrigation controllers are able to self-adjust and schedule
irrigation events using either evapotranspiration (weather-based) or soil moisture data.
Backflow Prevention Device. Safety device used to prevent pollution or contamination of the
water supply due to the reverse flow of water from the irrigation system.
Certificate of Completion. The document required under Section 30.38.150 (Certificate of
Completion).
Certified Irrigation Designer. Person certified to design irrigation systems by an accredited
academic institution, a professional trade organization or other program such as the US
Environmental Protection Agency's WaterSense irrigation designer certification program and
Irrigation Association's Certified Irrigation Designer program.
Certified Landscape Irrigation Auditor. Person certified to perform landscape irrigation audits
by an accredited academic institution, a professional trade organization or other program such as
the US Environmental Protection Agency's WaterSense irrigation auditor certification program
and Irrigation Association's Certified Landscape Irrigation Auditor program.
Check Valve or Anti-Drain Valve. Valve located under a sprinkler head, or other location in
the irrigation system, to hold water in the system to prevent drainage from sprinkler heads when
the sprinkler is off.
Common Interest Developments. Community apartment projects, condominium projects,
planned developments, and stock cooperatives per Civil Code Section 1351.
Community Development Director. City of Gilroy Community Development Director or
designee.
Compost. Safe and stable product of controlled biologic decomposition of organic materials that
is beneficial to plant growth.
Conversion Factor (0.62). The number that converts acre-inches per acre per year to gallons per
square foot per year.
Distribution Uniformity. Measure of the uniformity of irrigation water over a defined area.
Drip Irrigation. Any non-spray low volume irrigation system utilizing emission devices with a
flow rate measured in gallons per hour. Low volume irrigation systems are specifically designed
to apply small volumes of water slowly at or near the root zone of plants.
Dripline. The outermost edge of the tree’s canopy. When depicted on a map or plan, the dripline
is the irregular shaped circle that follows the contour of the tree’s branches as seen from
overhead.
6.D.a
Packet Pg. 31 Attachment: Landscape ordinance 30.38 (1607 : Landscape Ordinance Revisions)
5
ORDINANCE NO. 2018-XX
Ecological Restoration Project. Project where the site is intentionally altered to establish a
defined, indigenous, historic ecosystem.
Effective Precipitation or Useful Rainfall (Eppt). Portion of total precipitation which becomes
available for plant growth.
Emitter. A drip irrigation emission device that delivers water slowly from the system to the soil.
Established Landscape. Point at which plants in the landscape have developed significant root
growth into the soil. Typically, most plants are established after one or two years of growth.
Established Period of the Plants. The first year after installing the plant in the landscape or the
first two years if irrigation will be terminated after establishment. Typically, most plants are
established after one or two years of growth. Native habitat mitigation areas and trees may need
three to five years for establishment.
Estimated Total Water Use (ETWU). Total water used for the landscape as described in
Section 30.38.110 (Water Efficient Landscape Worksheet).
ET adjustment factor (ETAF). A factor of 0.55 for residential areas and 0.45 for non-
residential areas, that, when applied to reference evapotranspiration, adjusts for plant factors and
irrigation efficiency, two major influences upon the amount of water that needs to be applied to
the landscape. The ETAF for new and existing (non-rehabilitated) Special Landscape Areas shall
not exceed 1.0. The ETAF for existing non-rehabilitated landscapes is 0.8.
Evapotranspiration Rate. Quantity of water evaporated from adjacent soil and other surfaces
and transpired by plants during a specified time.
Flow Rate. Rate at which water flows through pipes, valves and emission devices, measured in
gallons per minute, gallons per hour, or cubic feet per second.
Flow Sensor. Inline device installed at the supply point of the irrigation system that produces a
repeatable signal proportional to flow rate. Flow sensors must be connected to an automatic
irrigation controller, or flow monitor capable of receiving flow signals and operating master
valves. This combination flow sensor/controller may also function as a landscape water meter or
submeter.
Friable. Soil condition that is easily crumbled or loosely compacted down to a minimum depth
per planting material requirements, whereby the root structure of newly planted material will be
allowed to spread unimpeded.
Fuel Modification Plan Guideline. Guidelines from a local fire authority to assist residents and
businesses that are developing land or building structures in a fire hazard severity zone.
6.D.a
Packet Pg. 32 Attachment: Landscape ordinance 30.38 (1607 : Landscape Ordinance Revisions)
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ORDINANCE NO. 2018-XX
Graywater. Untreated wastewater that has not been contaminated by any toilet discharge, has
not been affected by infectious, contaminated, or unhealthy bodily wastes, and does not present a
threat from contamination by unhealthful processing, manufacturing, or operating wastes.
“Graywater” includes, but is not limited to, wastewater from bathtubs, showers, bathroom
washbasins, clothes washing machines, and laundry tubs, but does not include wastewater from
kitchen sinks or dishwashers. Health and Safety Code Section 17922.12.
Hardscaped. Any durable material (pervious and non-pervious).
Hydrozone. Portion of the landscaped area having plants with similar water needs and rooting
depth. A hydrozone may be irrigated or non-irrigated.
Infiltration Rate. Rate of water entry into the soil expressed as a depth of water per unit of time
(e.g., inches per hour).
Invasive Plant Species. Species of plants not historically found in California that spread outside
cultivated areas and can damage environmental or economic resources. Invasive species may be
regulated by county agricultural agencies as noxious species. Lists of invasive plants are
maintained at the California Invasive Plant Inventory and USDA invasive and noxious weeds
database.
Irrigation Audit. An in-depth evaluation of the performance of an irrigation system conducted
by a Certified Landscape Irrigation Auditor. An irrigation audit includes, but is not limited to:
inspection, system tune-up, system test with distribution uniformity or emission uniformity,
reporting overspray or runoff that causes overland flow, and preparation of an irrigation
schedule. The audit must be conducted in a manner consistent with the Irrigation Association's
Landscape Irrigation Auditor Certification program or other U.S. Environmental Protection
Agency “Watersense” labeled auditing program.
Irrigation Efficiency (IE). Measurement of the amount of water beneficially used divided by
the amount of water applied. Irrigation efficiency is derived from measurements and estimates of
irrigation system characteristics and management practices. The irrigation efficiency factors for
purposes of this ordinance are 0.75 for overhead spray devices and 0.81 for drip systems.
Irrigation Survey. Evaluation of an irrigation system that is less detailed than an irrigation
audit. An irrigation survey includes, but is not limited to: inspection, system test, and written
recommendations to Irrigation Water Use Analysis. Analysis of water use data based on meter
readings and billing data.
Landscape Architect. Person who holds a license to practice landscape architecture in the state
of California Business and Professions Code, Section 5615.
Landscape Area. All planting areas, turf areas, and water features in a landscape design plan
subject to the Maximum Applied Water Allowance calculation. The landscape area does not
6.D.a
Packet Pg. 33 Attachment: Landscape ordinance 30.38 (1607 : Landscape Ordinance Revisions)
7
ORDINANCE NO. 2018-XX
include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios,
gravel or stone walks, other pervious or non-pervious hardscapes, and other non-irrigated areas
designated for non-development (e.g., open spaces and existing native vegetation).
Landscape Contractor. Person licensed by the state of California to construct, maintain, repair,
install, or subcontract the development of landscape systems.
Landscape Documentation Package. Documents required under Section 30.38.090 (Elements
of the Landscape Documentation Package).
Landscape Project. Total area of landscape in a project as defined in “landscape area” for the
purposes of this ordinance, meeting requirements under Section 30.38.020 (Applicability).
Landscape Water Meter. Incline device installed at the irrigation supply point that measures
the flow of water into the irrigation system and is connected to a totalizer to record water use.
Lateral Line. Water delivery pipeline that supplies water to the emitters or sprinklers from the
valve.
Local Agency. A city or county, including a charter city or charter county, that is responsible
for adopting and implementing the ordinance. The local agency is also responsible for the
enforcement of this ordinance, including but not limited to, approval of a permit and plan check
or design review of a project.
Local LAN Purveyor. Any entity, including a public agency, city, county, or private water
company that provides retail water service.
Low Volume Irrigation. Application of irrigation water at low pressure through a system of
tubing or lateral lines and low-volume emitters such as drip, drip lines, and bubblers. Low
volume irrigation systems are specifically designed to apply small volumes of water slowly at or
near the root zone of plants.
Low Water Plant Use. Plant species whose demonstrated water needs are compatible with local
climate and soil conditions such that regular supplemental irrigation is not required to sustain the
plant after it has become established. Species classified as “very low water use” and “low water
use” by WUCOLS, having a regionally adjusted plant factor of 0.0 through 0.3, shall be
considered low water use plants.
Main Line. Pressurized pipeline that delivers water from the water source to the valve or outlet.
Master Shut Off Valve. Automatic valve installed at the irrigation supply point which controls
water flow into the irrigation system. When this valve is closed, water will not be supplied to the
irrigation system. A master valve will greatly reduce any water loss due to a leaky station valve.
6.D.a
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Maximum Applied Water Allowance (MAWA). Upper limit of annual applied water for the
established landscaped area as specified in Section 30.38.110 (Water Efficient Landscape
Worksheet). It is based upon the area's reference evapotranspiration, the ET Adjustment Factor,
and the size of the landscape area. The
Estimated Total Water Use shall not exceed the Maximum Applied Water Allowance.
Special Landscape Areas, including recreation areas, areas permanently and solely dedicated to
edible plants such as orchards and vegetable gardens, and areas irrigated with recycled water are
subject to the MAWA with an ETAF not to exceed 1.0. MAWA = (ETo) (0.62) [(ETAF x LA) +
((1-ETAF) x SLA)]
Median. Area between opposing lanes of traffic that may be unplanted or planted with trees,
shrubs, perennials, and ornamental grasses.
Microclimate. Climate of a small, specific area that may contrast with the climate of the overall
landscape area due to factors such as wind, sun exposure, plant density, or proximity to reflective
surfaces.
Mined-Land Reclamation Projects. Any surface mining operation with a reclamation plan
approved in accordance with the Surface Mining and Reclamation Act of 1975.
Mulch. Any organic material such as leaves, bark, straw, compost, or inorganic mineral
materials such as rocks, gravel, or decomposed granite left loose and applied to the soil surface
for the beneficial purposes of reducing evaporation, suppressing weeds, moderating soil
temperature, and preventing soil erosion.
New Construction. A new building with a landscape or other new landscape, such as a park,
playground, or greenbelt without an associated building.
Non-Residential Landscape. Landscapes in commercial, institutional, industrial and public
settings that may have areas designated for recreation or public assembly. It also includes
portions of common areas of common interest developments with designated recreational areas.
Operating Pressure. Pressure at which the parts of an irrigation system are designed by the
manufacturer to operate.
Overhead Sprinkler Irrigation Systems or Overhead Spray Irrigation Systems. Systems that
deliver water through the air (e.g., spray heads and rotors).
Overspray. Irrigation water which is delivered beyond the target area.
Parkway. Area between a sidewalk and the curb or traffic lane. It may be planted or unplanted,
and with or without pedestrian egress.
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Permit. Authorizing document issued by local agencies for new construction or rehabilitated
landscapes.
Planting Hole. A hole in the ground that is dug for landscaping materials such as trees or shrubs.
Pervious. Any surface or material that allows the passage of water through the material and into
the underlying soil.
Plant Factor or Plant Water Use Factor. A factor, when multiplied by ETo, estimates the
amount of water needed by plants. For purposes of this ordinance, the plant factor range for very
low water use plants is 0 to 0.1, the plant factor range for low water use plants is 0.1 to 0.3, the
plant factor range for moderate water use plants is 0.4 to 0.6, and the plant factor range for high
water use plants is 0.7 to 1.0. Plant factors cited in this ordinance are derived from the
publication “Water Use Classification of Landscape Species”. Plant factors may also be obtained
from horticultural researchers from academic institutions or professional associations as
approved by the California Department of Water Resources (DWR).
Project Applicant. Individual or entity submitting a Landscape Documentation Package
required under Section 492.3, to request a permit, plan check, or design review from the local
agency. A project applicant may be the property owner or his or her designee.
Public Works Director. City of Gilroy Public Works Director or designee.
Rain Sensor or Rain Sensing Shutoff Device. A component which automatically suspends an
irrigation event when it rains.
Record Drawing or As-Builts. Set of reproducible drawings which show significant changes in
the work made during construction and which are usually based on drawings marked up in the
field and other data furnished by the contractor.
Recreational Area. Areas, excluding private single family residential areas, designated for
active play, recreation or public assembly in parks, sports fields, picnic grounds, amphitheaters
or golf course tees, fairways, roughs, surrounds and greens.
Recycled Water, Reclaimed Water, or Treated Sewage Effluent Water. Treated or recycled
waste water of a quality suitable for non-potable uses such as landscape irrigation and water
features. This water is not intended for human consumption.
Reference Evapotranspiration (ETo). Standard measurement of environmental parameters
which affect the water use of plants. ETo is expressed in inches per day, month, or year as
represented in Appendix A, and is an estimate of the evapotranspiration of a large field of four-
to seven-inch tall, cool-season grass that is well watered. Reference evapotranspiration is used as
the basis of determining the Maximum Applied Water Allowances so that regional differences in
climate can be accommodated.
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Regional Water Efficient Landscape Ordinance. A Local Ordinance adopted by two or more
local agencies, water suppliers and other stakeholders for implementing a consistent set of
landscape provisions throughout a geographical region. Regional ordinances are strongly
encouraged to provide a consistent framework for the landscape industry and applicants to
adhere to.
Rehabilitated Landscapes. Any re-landscaping project that requires a permit, plan check, or
design review, meets the requirements of Section 30.38.020 (Applicability), and the modified
landscape area is equal to or greater than 2,500 square feet.
Residential Landscape. Landscapes surrounding single or multifamily homes.
Root Zone. A specifically defined area commencing at the trunk and moving outward to form
an irregularly shaped circle that follows the contour of the tree canopy and extending beyond the
dripline of the tree by five feet or such greater distance determined by the Arborist Report.
Run-Off. Water which is not absorbed by the surface to which it is applied and flows from the
area to a drain, sewer, or stream. For example, run off may result from water that is applied to
landscaping at too great a rate (application rate exceeds infiltration rate) or when there is a slope.
Soil Moisture Sensing Device or Soil Moisture Sensor. Device that measures the amount of
water in the soil. The device may also suspend or initiate an irrigation event.
Soil Texture. Classification of soil based on its percentage of sand, silt, and clay.
Special Landscape Area (SLA). Area of the landscape dedicated solely to edible plants,
recreational areas, areas irrigated with recycled water, or water features using recycled water.
Sprinkler Head or Spray Head. Device which delivers water through a nozzle.
Static Water Pressure. Pipeline or municipal water supply pressure when water is not flowing.
Station. Area served by one valve or by a set of valves that operate simultaneously.
Swing Joint. Irrigation component that provides a flexible, leak-free connection between the
emission device and lateral pipeline to allow movement in any direction and to prevent
equipment damage.
Submeter. Metering device to measure water applied to the landscape that is installed after the
primary utility water meter.
Turf. Groundcover surface of mowed grass. Annual bluegrass, Kentucky bluegrass, Perennial
ryegrass,
Red fescue and Tall fescue are cool-season grasses. Bermuda grass, Kikuyu grass, Seashore
Paspalum, St. Augustine grass, Zoysia grass, and Buffalo grass are warm-season grasses.
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Valve. Device used to control the flow of water in the irrigation system.
Water Conserving Plant Species. Plant species identified as having a very low or low plant
factor.
Water Feature. Design element where open water performs an aesthetic or recreational
function. Water features include ponds, lakes, waterfalls, fountains, artificial streams, spas, and
swimming pools (where water is artificially supplied). The surface area of water features is
included in the high-water use hydrozone of the landscape area. Constructed wetlands used for
on-site wastewater treatment or stormwater best management practices that are not irrigated and
used solely for water treatment or stormwater retention are not water features and, therefore, are
not subject to the water budget calculation.
Watering Window. Time of day irrigation is allowed.
WUCOLS. Water Use Classification of Landscape Species published by the University of
California Cooperative Extension and the Department of Water Resources 2014.
30.38.030 General Landscape Standards
A.General Landscape Design Standards. Landscaping shall be a positive element of the
project design. The landscaping shall be designed to protect stormwater quality and
enhance the aesthetic quality of the development by using the following design standards:
1.Landscaping shall be used to manage and treat stormwater to the maximum extent
feasible.
2.All plant materials shall be installed in compliance with an approved Landscape
Design Plan (see Section 30.38.120);
3.Only healthy, well-formed, and vigorous plant materials may be used;
4.Landscaping shall be located in all yard areas that are not specifically used for
parking, driveways, patios, or similar purposes, unless otherwise specified in this
chapter. Sidewalks, pedestrian walks and pathways are permitted in landscaped
areas.
5.Landscape areas shall incorporate varieties of plant textures, colors, geometries,
and leaf densities. Year around visual interest shall be introduced through an
appropriate balance of evergreen/deciduous and flowering perennials.
Architectural depth and character shall be incorporated through a variety of plant
sizes, shapes, and heights;
6.Dense landscaping shall be incorporated to provide a visual screen from less
pleasing features of a development (i.e., around trash enclosures, carports, pool
equipment, electric transformers, cable boxes, etc.); however, landscaping shall
not be placed to interfere with the accessibility to and maintenance of the
structures and/or equipment;
7.Landscaping shall screen parking areas from adjacent streets;
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8.Landscaping shall be incorporated to reduce monotony of long expanses of
building, fence or other structures.
9.The density and placement of plants are to be determined by the plant size at
maturity. When initially installed, groundcover shall give enough coverage for a
pleasing appearance on all landscaped areas;
10.A minimum of 50% of the landscape area shall consist of plant materials
consistent with Section 30.38.120 B. Landscape Design Requirements of this
Chapter. Portions of the landscape area not planted shall be covered with
permeable ground coverings, e.g., rock, bark, decomposed granite or similar
materials.
11.Sturdy raised curbs shall protect all landscape areas from driveways and parking
areas. Cutouts in curbs may be incorporated when surrounding vegetative
drainage swales, stormwater retention features and/or other treatment features.
12.Wheel stops need not be provided in parking areas where the front two feet of the
landscape area is planted with low groundcover to accommodate car overhang;
13.Trees of varieties with broad canopies shall be provided to shade walkways and
parking areas to temper heat from paved areas, and to screen long structure
frontages;
14.Existing onsite vegetation shall be preserved, unless determined otherwise by the
Community Development Director, to maintain onsite water quality and sediment
control;
15.New plant materials requiring permanent irrigation shall not be placed under
existing oak trees;
16.All trees shall be a minimum size of 15 gallons when initially installed;
17.Protected trees shall be preserved and enhance by structure site design, in
compliance with Subsection D, below;
18.Deep root irrigation shall be provided to prevent pavement damage where trees
are planted within three feet of City pavement or sidewalks. Deep root irrigation
is strongly encouraged in similar situations in all private development. When
required, deep root irrigation shall be installed in compliance with City standards;
19.Roof-top runoff shall be directed to vegetated areas.
20.Landscaping is allowed within cul-de-sacs in conformance with all other City
Codes.
21.All plant materials within the City right-of-way (e.g., medians, sound walls, etc.)
shall be approved by the Director of Public Works for minimum size and species
type;
23.Green roofs are allowed in conformance to all requirements of City Code.
24.All plant materials shall be maintained in a live and healthy condition, and free of
weeds. Except for owners of properties in the R1 zoning district, property owners
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shall be required to remove weeds and maintain the landscaping in accordance
with the approved landscape plan for the life of the property.
B.New Plant Material. New plant material shall be carefully selected to comply with the
following standards:
1.The overall compatibility of the ultimate form, size, density, and color of trees,
shrubs, and groundcover at maturity;
2.The tolerance of the plant materials to existing physical conditions, and resistance
to insect pests, and disease; and
3.The intended use (i.e., shade screening, windbreak, erosion control, stormwater
treatment and management, etc.) as well as the ease of maintenance.
4.indigenous trees and other plant materials is encouraged.
C.City Street Trees.
1.In all zones, the developer or applicant shall install street trees in the public right-
of-way, in compliance with City Street Tree Standards. A properly licensed
landscape contractor shall install the street tree. A Street Tree Permit shall be
obtained by the applicant and/or developer prior to issuance of the Building
Permit.
2.An inspection of the placement and tree type is required when a new tree is either
planted or replaced.
3.Street trees are not required in the RH (Residential Hillside) zone.
4.Street trees shall be selected and installed in compliance with the following
standards:
a.Street trees shall be planted in the public right-of-way in compliance with
a City Standard Detail Plan;
b.Street trees shall be a minimum of 15 gallons when initially installed.
Where an existing street tree must be removed to accommodate
development, a replacement tree of similar size as that removed shall be
planted;
c.All street trees shall be irrigated with an automatic irrigation system
d.The developer and/or applicant shall use the tree species as designated by
the City’s Master Street Tree Planting Plan (as authorized under City Code
Section 26.51). The developer and/or applicant may request in writing a
substitution of the designated tree species, subject to approval by the
Director of Public Works;
e.Spacing of trees shall be 30 feet on center, unless otherwise approved by
the Director of Public Works.
f.Street trees shall be spaced at least 10 feet from sewer laterals and street
lights, and at least five feet from water laterals, gas laterals, fire hydrants,
driveway aprons, and telephone/cable/electrical junction boxes;
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g.When required, the developer and/or applicant shall install street trees
adjacent to sound walls and in medians.
h.Deep root irrigation shall be provided for street trees in sidewalk cutouts.
When required, deep root irrigation and tree well coverings shall be
installed in compliance with City Standard Detail plans;
i.No person shall construct or place any concrete, brick, asphalt, wood
product, plastic sheeting, or other material impervious to air and water
around the base of any street tree or within three feet. In addition, no
excess soil, mulch, or other organic/inorganic material shall be placed
above a tree’s root crown within three feet; and
j.Street trees planted by the developer and/or applicant shall be guaranteed
to remain healthy and grow for a minimum of one (1) year. All
workmanship on irrigation systems shall be guaranteed for one year after
final acceptance by the City;
D.Protected Trees.
1.The Community Development Director shall determine if existing trees qualify as
Protected Trees, a Community of Protected Trees or Heritage Trees. Refer to
Chapter 30.38.0270 Protected Tree Removal for the definitions of Protected Trees, a
Community of Protected Trees or Heritage Trees.
2.An arborist report shall be required for any application for discretionary
development approval for which the project site includes existing Protected Trees, as
defined in Chapter 30.38.270 (b). The arborist report shall include all information
specified in Chapter 30.38.270 (d). The arborist report shall specify all necessary
measures to ensure that Protected Trees identified to remain are protected throughout
the construction process. The cost for preparation of the arborist report and city
review of it shall be at the sole expense of the applicant. All arborist
recommendations shall be listed on the final landscape plans.
3.The arborist shall sign the final landscape plans certifying that the plan is consistent
with the recommendations made in the arborist report.
4.At least three scheduled inspections shall be made by the City and/or the arborist, at
the direction of the City to ensure compliance with the recommendations of the
arborist report. The inspections shall, at a minimum include the following: (1) Initial
inspection prior to any construction or grading, (2) After completion of rough
grading and/or trenching, and (3) Completion of all work including planting and
irrigation system installation. Other inspections may be conducted as required by
the Community Development Director.
5.Unless otherwise permitted by the City, no structure, excavation, or impervious
surface areas of any kind shall be constructed or installed within the root zone of any
protected tree or Heritage Tree without mitigating special design, such as post and
beam footings that bridge roots. No parking, storing vehicles equipment or other
materials shall be permitted within the dripline of any protected tree without special
design considerations approved by the Community Development Director.
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6.All protected trees, community of protected trees or heritage tree(s), shall be
maintained in good health by the property owner, applicant and/or developer until
approved for removal by an approved Protected Tree Removal Permit or other
discretionary Planning Department application.30.38.050Residential Zone
Landscape Standards
30.38.050 Residential Zone Landscape Standards
A.General Residential Zone Landscape Standards. Residential development located in
the R1, R2, R3, R4 zones, Planned Development zones and downtown specific plan
zones, (and excluding the RH zone), shall incorporate landscaping in all yard areas that
are not specifically used for driveways, walkways, patios, or similar purposes. In the R-2,
R-3, R-4 and Planned Development zones and Specific Plan areas, at least 35 percent of
the required landscaped area shall be designed to be usable as open recreational area.
Landscaping shall be used to manage and treat stormwater to the maximum extent
feasible.
B.RH Residential Hillside Zone. Areas within the Residential Hillside Zoning District are
designated as the “City of Gilroy Wildland-Urban Fire Interface Area” under the City
Code. Residential development in the RH zone shall provide landscaping consistent with
the following standards:
1.Development in forested areas shall be carefully designed to minimize removal or
damage to existing trees and to allow their continued healthy existence;
2.New landscaping placed within 15 feet from any structure shall consist of selected
vegetation with low-growing characteristics; and
3.A landscape design plan for projects in the RH Residential Hillside Zone shall
incorporate all requirements of City Code Article 10. Fire Code, as amended.
30.38.060 Commercial Zone Landscape Standards
Landscaping in Commercial zones shall be designed using the following standards and shall
enhance the aesthetic quality of the development by using the following requirements:
A.All development in commercial and mixed-use zones shall provide a minimum of 21 feet
of landscaping, measured from face of curb, adjacent to public streets (public sidewalks
may be permitted in the landscape area);
B.At least eight percent of the gross total land area of the site, outside of the public right-of-
way, shall be landscaped, except in the Downtown Specific Plan zones where there are
typically no front and side yard setbacks;
C.All portions of a site over 40 square feet in area not specifically used for buildings,
parking, driveways, walkways, or similar uses shall be landscaped;
D.In all landscaped areas, trees shall be planted on average every 20 feet on center or with a
greater spacing as appropriate to maintain proper tree health as determined by a licensed
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landscape architect; Clustering of trees may be permitted with the approval of the
Director of Public Works;
E.Parking lot landscape islands with a minimum of 50 square feet in area, and including a
tree, shall be located in parking lots every twelve stalls, and shall be evenly distributed
throughout the parking area;
F.All landscape areas shall be at least five feet wide, except as approved by the Community
Development Director due to specific site situations where the minimum width is
impractical;
G.Parking lot landscape areas containing trees shall be a minimum of eight feet wide,
except as approved by the Community Development Director due to specific site
situations where the minimum width is impractical;
H.Parking areas shall be screened from view from adjacent residential areas and streets,
except at driveways and street corners where visibility is needed;
I.Landscaping shall be used to manage and treat stormwater to the maximum extent
feasible.
J.Three (3) foot high screening shall be located where necessary in commercial parking
lots and drive-through uses to block headlights from shining into adjacent residential
areas.
30.38.070 Industrial Zone Landscape Standards
Landscaping in Industrial zones shall be designed to using the following standards and shall
enhance the aesthetic quality of the development by using the following requirements:
A.Landscape the front and side yard areas adjacent to streets, as required by this chapter,
which are not specifically used for parking, driveways, walkways, loading areas, or
similar paved access areas;
B.Landscaping areas located adjacent to the street right-of-way shall be a minimum of 21
feet wide (measured from the face of curb);
C.Paved areas shall not exceed 50 percent of the total area of setbacks;
D.All industrial zones shall provide landscape areas that are a minimum of five feet in
width along the entire perimeter of the site;
E.A minimum eight-foot-wide landscaped buffer is required adjacent to commercial or
residential uses;
F.Fences and walls shall complement the structure architecture and landscaping. Long
structure expanse shall be architecturally designed or landscaped to prevent monotony.
G.Outdoor use areas, and loading areas shall be screened by landscaping and/or materials
integral with the structure design;
H.Industrial development visible from US 101 shall be screened from view with dense
landscaping.
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I.Three (3) foot high screening shall be located where necessary in industrial parking lots
and drive-through uses to block headlights from shining into adjacent residential areas.
30.38.080 Landscape Documentation Review Process
A.Landscape Documentation Package Required. The project developer and/or applicant
shall submit a Landscape Documentation Package, in compliance with Section 30.38.90
(Elements of the Landscape Documentation Package), below to the Community
Development Director for approval.
B.Landscape Documentation Package Submittal. The Landscape Documentation
Package shall be submitted in conjunction with the building permit for the project and
shall be approved prior to issuance of the building permit.
C.Following Completion of Installation. Following final approval of the installation of
landscaping by the city, , the project developer and/or applicant shall:
1.Receive documentation of the approval in a form provided by the Community
Development Director and shall record the date of the permit in the Certificate of
Completion;
2.Submit a copy of the approved Landscape Documentation Package along with the
record drawings, and any other information to the property owner or his/her
designee; and
3.Submit a copy of the Water Efficient Landscape Worksheet to the local water
purveyor.
30.38.090 Elements of the Landscape Documentation Package
At a minimum, the Landscape Documentation Package shall be provided in a form required by
the Community Development Director and shall include the following components, as described
in this chapter: water efficient landscape worksheet, soil management report, landscape design
plan, irrigation design plan, and grading design plan.
30.38.100 Water Efficient Landscape Worksheet Completion of Worksheet.
Project applicants and/or developers shall complete the Water Efficient Landscape Worksheet
which contains information on the plant factor, irrigation method, irrigation efficiency, and area
associated with each hydrozone. The Estimated Total Adjustment Factor (ETAF) for a landscape
project is based on the plant factors and irrigation methods selected. In calculating the Maximum
Applied Water Allowance and Estimated Total Water Use, a project developer/applicant shall
use the ETo values for Gilroy.
A.Evapotranspiration (ETo). The Community Development Director shall provide and
annually update the evapotranspiration rate for the City using the rates provided by the
California Irrigation Management Information System (CIMIS).
B.Water Budget Calculations. Water budget calculations shall adhere to all of the
following requirements:
1.The plant factor used shall be from the Water Use Calculation of Landscape
Species (WUCOLS) or from horticultural researchers with academic institutions
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or professional associations as approved by the California Department of Water
Resources (DWR). The plant factor ranges from 0 to 0.1 for very low water using
plants, 0.1 to 0.3 for low water use plants, from 0.4 to 0.6 for moderate water use
plants, and from 0.7 to 1.0 for high water use plants.
2.All water features shall be included in the high-water use hydrozone and
temporarily irrigated areas shall be included in the low water use hydrozone.
3.All Special Landscape Areas shall be identified and their water use calculated as
shown below.
4.ETAF for new and existing (non-rehabilitated) Special Landscape Areas shall not
exceed 1.0.
C.Maximum Applied Water Allowance Calculation
The Maximum Applied Water Allowance is calculated based on the maximum ETAF
allowed (0.55 for residential areas and 0.45 for non-residential areas) and expressed as
annual gallons required, exclusive of Special Landscape Areas.
MAWA (Annual Gallons Allowed) = (ETo) (0.62) [(ETAF x LA) + ((1-ETAF) x SLA))]
Residential Areas:
MAWA (Annual Gallons Allowed) = (ETo) (0.62) [(0.55 x LA) + ((1-0.55) x SLA))]
Non-Residential Areas
MAWA (Annual Gallons Allowed) = (ETo) (0.62) [(0.45 x LA) + ((1-0.45) x SLA))]
Where:
MAWA = Maximum Applied Water Allowance (Annual Gallons Allowed)
ETo =Reference Evapotranspiration (inches per year)
0.62 = Conversion Factor (to gallons)
0.55 = ET Residential Adjustment Factor (ETAF)
0.45 = ET Non-Residential Adjustment Factor (ETAF)
SLA = Special Landscape Area (square feet)
D.Estimated Total Water Use Calculation
The Estimated Total Water Use (ETWU) is calculated based on the plants used and
irrigation method selected for the landscape design. The sum of the ETWU shall not
exceed the MAWA.
Where:
ETWU = Estimated Total Water Use per year (gallons)
ETo =Reference Evapotranspiration (inches per year)
PF = Plant Factor from WUCOLS
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HA = Hydrozone Area [high, medium, and low water use areas] (square feet)
SLA = Special Landscape Area (square feet)
0.62 = Conversion Factor (to gallons)
IE = Irrigation Efficiency 0.75 for spray head, and 0.81 for drip
E.Effective Precipitation (EPPT). The Director may consider Effective Precipitation (25
percent of annual precipitation) in tracking water use and may use the following equation
to calculate MAWA:
Residential Areas:
MAWA (Annual Gallons Allowed) = (ETo-EPPT)) (0.62) [(0.55 x LA) + ((1-0.55) x
SLA))]
Non-Residential Areas:
MAWA (Annual Gallons Allowed) = (ETo-EPPT)) (0.62) [(0.45 x LA) + ((1-0.45) x
SLA))]
30.38.110 Soil Management Report
In order to reduce runoff and encourage healthy plant growth, a soil management report shall be
completed by the project developer/applicant, or his/her designee, as follows:
A.Soil samples shall be submitted to a laboratory for analysis and recommendations.
1.Soil sampling shall be conducted in compliance with laboratory protocol,
including protocols regarding adequate sampling depth for the intended plants.
2.The soil analysis shall include:
a.soil texture;
b.infiltration rate determined by laboratory test or soil texture infiltration
rate table;
c.pH;
d.total soluble salts;
e.sodium;
f.percent organic matter; and
g.recommendations.
3.In projects with multiple landscape installations (i.e. production home
developments) a soil sampling rate of one in seven lots or approximately 15
percent will satisfy this requirement. Large landscape projects shall sample at a
rate equivalent to one in seven parcels.
B.The project applicant and/or developer, or his/her designee, shall comply with one of the
following:
1.If significant mass grading is not planned, the soil analysis report shall be
submitted as part of the Landscape Documentation Package; or
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2.If significant mass grading is planned, the soil analysis report shall be submitted
as part of the Certificate of Completion.
C.The soil analysis report shall be made available, in a timely manner, to the professionals
preparing the water plans and irrigation design plans to make any necessary adjustments
to the design plans.
D.The project developer/applicant, or his/her designee, shall submit documentation
verifying implementation of soil analysis report recommendations with the Certificate of
Completion.
30.38.120 Landscape Design Plan
A.Landscape Design Plan Details Required.
A Landscape Design Plan at a minimum shall be required and shall specify the items
detailed below. Special design attributes may require detail drawing and/or the submittal
of manufacture’s literature.
1.Locate and identify all landscaping planting material, including trees, shrubs,
groundcover, and turf. Planting symbols shall be clearly drawn. Tree staking,
installation, soil preparation details, and any other applicable planting and
installation details shall be provided;
2.Reference planting symbols, specifying botanical name, common name, container
size, spacing, and quantities;
3.Locate all existing mature trees, noting biological name, common name, and
approximate trunk size, measured at four feet above existing grade. Note trees to
be removed, relocated on-site, and/or maintained in place;
4.Delineate and label each hydrozone by number, letter, or other method;
5.Identify each hydrozone as low, moderate, high water, or mixed-use water.
Temporarily irrigated areas of the landscape shall be included in the low water
use hydrozone for the water budget calculation;
6.Identify recreational areas;
7.Identify areas permanently and solely dedicated to edible plants;
8.Identify areas irrigated with recycled water;
9.Identify type of mulch and application depth;
10.Identify soil amendments, type, and quantity;
11.Identify type and surface area of water features;
12.Identify all paving and hardscapes (pervious and non-pervious);
13.Locate and identify the height of all walls, fences, and gates;
14.Locate and identify all outdoor amenity features, including but not limited to
trellises, gazebos, play equipment, picnic tables, and benches;
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15.Locate and identify property lines, streets, street names, driveways, walkways,
and other paved areas;
16.Identify existing and proposed structures, including pad elevations, if applicable;
17.Identify natural features including but not limited to rock outcroppings, existing
trees and shrubs that will remain;
18.Identify location, installation details, and 24-hour retention or infiltration capacity
of any applicable stormwater best management practices (BMP) that encourage
on-site retention and infiltration of stormwater. Applicants shall refer to the City
or Regional Water Quality Control Board for information on any applicable
stormwater technical requirements. Stormwater BMP’s shall be incorporated into
the landscape design plan to the maximum extent practicable. Examples shall
include, but are not limited to:
a.Infiltration beds, swales, and basins that allow water to collect and soak
into the ground;
b.Constructed wetlands and retention ponds that retain water, handle excess
flow, and filter pollutants; or
c.Pervious or porous surfaces (e.g., permeable pavers or blocks, pervious or
porous concrete, etc.) that minimize runoff.
19.Identify any applicable rain harvesting or catchment technologies, and their 24-
hour retention or infiltration capacity;
20.Contain the following statement: “I have complied with the standards of the
Chapter and applied them for the efficient use of water in the landscape design
plan”; and
21.Bear the signature of a licensed landscape architect, licensed landscape contractor,
or any other person authorized to design a landscape.
B.Landscape Design Requirements
For the efficient use of water, a landscape shall be carefully designed and planned for the
intended function of the project. A landscape design plan, at a minimum, shall meet the
following design standards and shall be submitted as part of the Landscape
Documentation Package.
1.Plant Material.
a.Any plant may be selected for the landscape, providing the Estimated
Total Water Use in the landscape area does not exceed the Maximum
Applied Water Allowance. Methods to achieve water efficiency may
include one or more of the following:
(1)Protection and preservation of native species and natural
vegetation;
(2)Selection of water-conserving plant, tree and turf species,
especially local native plants;
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(3)Selection of plants based on local climate suitability, disease, and
pest resistance;
(4)Selection of trees as specified in Section30.38.040 (General
Landscape Standards);
(5)Selection of plants from the approved City plant list; and
b.Each hydrozone shall have plant materials with similar water use, except
for hydro zones with plants of mixed water use.
c.Plants may be selected and planted appropriately based upon their
adaptability to the climatic, geologic, and topographical conditions of the
project site. Methods to achieve water efficiency shall include one or more
of the following:
(1)Plant selection shall be from the Sunset Western Climate Zone
System which considers temperature, humidity, elevation, terrain, latitude,
and varying degrees of continental and marine influence on local climate;
or
(2)Recognize the horticultural attributes of plants (i.e., mature plant
size, invasive surface roots) to minimize damage to property or
infrastructure [e.g., structures, sidewalks, power lines]; allow for adequate
soil volume for healthy root growth; or
(3)Consider the solar orientation for plant placement to maximize
summer shade and winter solar gain.
d.Turf is not allowed on slopes greater than 25 percent where the toe of the
slope is adjacent to an impermeable hardscape and where 25 percent
means one foot of vertical elevation change for every four feet of
horizontal length (rise divided by run x 100 = slope percent).
e.High water use plants, characterized by a plant factor of 0.7 to 1.0, are
prohibited in street medians.
f.The use of invasive plant species (i.e., those listed by the California
Invasive Plant Council), is strongly discouraged.
g.The architectural guidelines of a common interest development, which
include community apartment projects, condominiums, planned
developments, and stock cooperatives, shall not prohibit, or include
conditions that have the effect of prohibiting, the use of low-water use
plants.
2.Water Features.
a.Recirculating water systems shall be used for all water features.
b.Where available, recycled water shall be used as a source for decorative
water features.
c.Surface area of a water feature shall be included in the high-water use
hydrozone area of the water budget calculation.
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d.Pool and spa covers are highly recommended.
3.Soil Preparation, Mulch and Amendments.
a.Prior to the planting of any materials, compacted soils shall be
transformed to a friable condition. On engineered slopes, only amended
planting holes need meet this requirement.
b.Soil amendments shall be incorporated according to recommendations of
the soil report and what is appropriate for the plants selected.
c.For landscape installations, compost at a minimum rate of four cubic yards
per 1,000 square feet of permeable area shall be incorporated to a
minimum depth of six inches into the soil. Soils with greater than six
percent organic matter in the top six inches of soil are exempt from adding
compost and tilling.
d.A minimum three-inch layer of mulch shall be applied on all exposed soil
surfaces of planting areas except in turf areas, creeping or rooting
groundcovers, or direct seeding applications where mulch is
contraindicated. To provide habitat for beneficial insects and other
wildlife, up to five percent of the landscape area may be left without
mulch. Designated insect habitat must be included in the landscape design
plan.
e.Stabilizing mulching products shall be used on all slopes that meet current
engineering standards.
f.The mulching portion of the seed/mulch slurry in hydro-seeded
applications shall meet the mulching requirement.
g.Organic mulch materials made from recycled or post-consumer processes
shall take precedence over inorganic materials or virgin forest products
unless the recycled post-consumer organic products are not locally
available. Organic mulches are not required where prohibited by local
Fuel Modification Plan Guidelines or other applicable local ordinances.
30.38.130 Irrigation Design Plan
A.Irrigation Design Plan Details Required.
An Irrigation Design Plan is required and shall include all of the information detailed
below. It shall be separate from but use the same format and scale as the landscape design
plan.
1.Location and size of separate water meters for landscape;
2.Location, type, and size of all components of the irrigation system, including
controllers, main and lateral lines, valves, sprinkler heads, moisture sensing
devices, rain switches, quick couplers, pressure regulators, and backflow
prevention devices;
3.Static water pressure at the point of connection to the public water supply;
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4.Flow rate (gallons per minute), application rate (inches per hour), and design
operating pressure (pressure per square inch) for each station;
5.Recycled water irrigation systems;
6.The following statement: “I have complied with the standards of this Chapter and
applied them accordingly for the efficient use of water in the irrigation design
plan”; and
7.The signature of a licensed landscape architect, certified irrigation designer,
licensed landscape contractor, or any other person authorized to design an
irrigation system.
B.Irrigation Design Requirements
This Section applies to landscaped areas requiring permanent irrigation, not areas that
require temporary irrigation solely for the plant establishment period. For the efficient
use of water, an irrigation system shall meet the requirements listed in this Section and
the manufacturers' recommendations. The irrigation system and its related components
shall be planned and designed to allow for proper installation, management, and
maintenance. An irrigation design plan meeting the following design standards shall be
submitted as part of the Landscape Documentation Package.
1.System.
a.Landscape water meters shall be installed for all non-residential irrigated
landscapes of at least 1,000 sq. ft. but not more than 5,000 sq. ft. (the level
at which Water Code 535 applies) and residential irrigated landscapes of
5,000 sq. ft. or greater. A landscape water meter may be either:
(1)A customer service meter dedicated to landscape use provided by
the local water purveyor; or
(2)A privately-owned meter or submeter.
b.Automatic irrigation controllers using either evapotranspiration or soil
moisture sensor data utilizing non-volatile memory shall be required for
irrigation scheduling in all irrigation systems.
c.If the water pressure is below or exceeds the recommended pressure of the
specified irrigation devices, the installation of a pressure regulating device
is required to ensure that the dynamic pressure at each emission device is
within the manufacturer's recommended pressure range for optimal
performance.
(1)If the static pressure is above or below the required dynamic
pressure of the irrigation system, pressure-regulating devices (i.e., inline
pressure regulators, booster pumps), or other devices shall be installed to
meet the required dynamic pressure of the irrigation system.
(2)Static water pressure, dynamic or operating pressure, and flow
reading of the water supply shall be measured at the point of connection.
These pressure and flow measurements shall be conducted at the design
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stage. If the measurements are not available at the design stage, the
measurements shall be conducted at installation.
d.Sensors (i.e., rain, freeze, wind, etc.), either integral or auxiliary, that
suspend or alter irrigation operation during unfavorable weather
conditions shall be required on all irrigation systems, as appropriate for
local climatic conditions. Irrigation shall be prohibited during windy or
freezing weather or during rain.
e.Manual shut-off valves (i.e., a gate valve, ball valve, or butterfly valve)
shall be required, as close as possible to the point of connection of the
water supply, to minimize water loss in case of an emergency (i.e., a main
line break) or routine repair.
f.Backflow prevention devices shall be required to protect the water supply
from contamination by the irrigation system. Project applicants and/or
developers shall refer to the applicable City code (i.e., public health) for
additional backflow prevention requirements.
g.Flow sensors that detect high flow conditions created by system damage
or malfunction are required for all on non-residential landscapes and
residential landscapes of 5000 sq. ft. or larger.
h.Master shut-off valves are required on all projects except landscapes that
make use of technologies that allow for the individual control of sprinklers
that are individually pressurized in a system equipped with low pressure
shut down features.
i.The irrigation system shall be designed to prevent runoff, low head
drainage, overspray, or other similar conditions where irrigation water
flows onto non-targeted areas (i.e., adjacent property, non-irrigated areas,
hardscapes, roadways, or structures).
j.Relevant information from the soil management plan (i.e., soil type and
infiltration rate), shall be used when designing irrigation systems.
k.The design of the irrigation system shall conform to the hydrozones of the
landscape design plan.
l.The irrigation system shall be designed and installed to meet, at a
minimum, the irrigation efficiency criteria as described in Section
30.38.110 (Water Efficient Landscape Worksheet) regarding the
Maximum Applied Water Allowance.
m.All irrigation emission devices shall meet the requirements specified in the
American National Standards Institute (ANSI) standard, American Society
of Agricultural and Biological Engineers'/International Code Council's
(ASABE/ICC) 802-2014 Landscape Irrigation Sprinkler and Emitter
Standard. All sprinkler heads installed in the landscape shall document a
distribution uniformity low quarter of 0.65 or higher using the protocol
defined in ASABE/ICC 802-2014.
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n.The project applicants and/or developers shall inquire with the local water
purveyor about peak water operating demands (on the water supply
system) or water restrictions that may impact the effectiveness of the
irrigation system.
o.In mulched planting areas, the use of low volume irrigation is required to
maximize water infiltration into the root zone.
p.Sprinkler heads and other emission devices shall have matched
precipitation rates, unless otherwise directed by the manufacturer's
recommendations.
q.Head to head coverage is recommended. However, sprinkler spacing shall
be designed to achieve the highest possible distribution uniformity using
the manufacturer's recommendations.
r.Swing joints or other riser-protection components are required on all risers
subject to damage that are adjacent to hardscapes or in high traffic areas of
turf-grass.
s.Check valves or anti-drain valves are required on all sprinkler heads where
low point drainage could occur.
t.Landscape areas less than 10 feet in width in any direction shall be
irrigated with subsurface irrigation or other means that produces no runoff
or overspray.
u.Overhead irrigation shall not be permitted within 24 inches of any non-
permeable surface. Allowable irrigation within the setback from non-
permeable surfaces may include drip, drip line, or other low flow non-
spray technology. The setback area may be planted or unplanted. The
surfacing of the setback may be mulch, gravel, or other porous material.
These restrictions may be modified by the Director if:
(1)The landscape area is adjacent to permeable surfacing and no
runoff occurs; or
(2)The adjacent non-permeable surfaces are designed and constructed
to drain entirely to landscaping; or
(3)The irrigation designer specifies an alternative design or
technology, as part of the Landscape Documentation Package and clearly
demonstrates strict adherence to irrigation system design. Prevention of
overspray and runoff shall be confirmed during the irrigation audit.
v.Slopes greater than 25 percent shall not be irrigated with an irrigation
system with an application rate exceeding 0.75 inches per hour. This
restriction may be modified by the Director if the landscape designer
specifies an alternative design or technology, as part of the Landscape
Documentation Package, and clearly demonstrates no runoff or erosion
will occur. Prevention of runoff and erosion shall be confirmed during the
irrigation audit.
2.Hydrozone.
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a.Each valve shall irrigate a hydrozone with similar site, slope, sun
exposure, soil conditions, and plant materials with similar water use.
b.Sprinkler heads and other emission devices shall be selected based on
what is appropriate for the plant type within that hydrozone.
c.Trees shall be placed on separate valves from shrubs, groundcovers, and
turf to facilitate the appropriate irrigation of trees. The mature size and
extent of the root zone shall be considered when designing irrigation for
the tree.
d.Individual hydrozones that mix plants of moderate and low water use, or
moderate and high water use, may be allowed if:
(1)Plant factor calculation is based on the proportions of the
respective plant water uses and their plant factor; or
(2)The plant factor of the higher water using plant is used for
calculations.
e.Individual hydrozones that mix high and low water use plants shall not be
permitted.
f.On the landscape design plan and irrigation design plan, hydrozone areas
shall be designated by number, letter, or other designation. On the
irrigation design plan, designate the areas irrigated by each valve, and
assign a number to each valve. Use this valve number in the Hydrozone
Information Table located on the Water Efficient Landscape Worksheet.
This table can also assist with the irrigation audit and programming the
controller.
30.38.140 Grading Design Plan
For the efficient use of water, grading of a project site shall be designed to minimize soil erosion,
runoff, and water waste. A comprehensive grading plan, prepared by a civil engineer, shall be
submitted as part of the Landscape Documentation Package.
A.Grading Design Plan Details Required.
The project applicants and/or developers shall submit a landscape grading plan that
indicates finished configurations and elevations of the landscape area including:
1.Height of graded slopes;
2.Drainage patterns;
3.Pad elevations;
4.Finish grade; and
5.Stormwater retention improvements, if applicable.
6.The grading design plan shall contain the following statement: “I have complied
with the requirements of this Chapter and applied them accordingly for the
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efficient use of water in the grading design plan” and shall bear the signature of a
licensed professional as authorized by law.
B.Erosion and Runoff Best Management Practices. To prevent excessive erosion and
runoff, project developers/applicants shall:
1.Grade so that all irrigation and normal rainfall remains within property lines and
does not drain on to non-permeable hardscapes;
2.Avoid disruption of natural drainage patterns and undisturbed soil; and
3.Avoid soil compaction in landscape areas.
30.38.150 Certificate of Completion
Upon receipt of the permit for the Landscape Documentation Package and completion of the
landscaping and irrigation system, the applicants and/or developers shall submit a Certificate of
Completion to the Director for review and shall ensure that copies of the approved Certificate of
Completion are submitted to the local water purveyor and property owner or his or her designee.
The following details shall apply to the Certificate of Completion:
A.The Certificate of Completion shall be on a standard form approved by the Director.
B.The Certificate of Completion shall be certified by either the signer of the landscape
design plan, the signer of the irrigation design plan, or the licensed landscape contractor
that the landscape project has been installed the approved Landscape Documentation
Package;
1.Where there are, significant changes made in the field during construction, these
“as-built” or record drawings shall be included with the certification; and
2.A diagram of the irrigation plan showing hydrozones shall be kept with the
irrigation controller for subsequent irrigation management purposes.
C.The Certificate of Completion shall include irrigation scheduling parameters used to set
the controller in compliance with Section 30.38.160 (Irrigation Scheduling), below;
D.The Certificate of Completion shall include landscape and irrigation maintenance
schedules in compliance with Section 30.38.170 (Landscape and Irrigation Maintenance
Schedule), below;
E.The Certificate of Completion shall include an irrigation audit report in compliance with
Section 30.38.180 (Irrigation Audit, Irrigation Survey, and Irrigation Water Use
Analysis), below; and
F.The Certificate of Completion shall include a soil analysis report, if not submitted with
the Landscape Documentation Package and documentation verifying implementation of
soil report recommendations in compliance with Section 30.38.110 (Soil Management
Report), below.
30.38.160 Irrigation Scheduling
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For the efficient use of water, all irrigation schedules shall be developed, managed, and
evaluated to use the minimum amount of water required to maintain plant health. Irrigation
schedules shall meet the following standards:
A.Irrigation scheduling shall be regulated by automatic irrigation controllers.
B.Overhead irrigation shall only be scheduled between 8:00 p.m. and 10:00 a.m. unless
weather conditions prevent it. If allowable hours of irrigation differ from the local water
purveyor, the stricter of the two shall apply. Operation of the irrigation system outside the
normal watering window is allowed for auditing and system maintenance only.
C.For implementation of the irrigation schedule, attention shall be paid to irrigation run
times, emission device, flow rate, and current reference evapotranspiration, so that
applied water meets the Estimated Total Water Use. Total annual applied water shall be
less than or equal to Maximum Applied Water Allowance (MAWA). Actual irrigation
schedules shall be regulated by automatic irrigation controllers using current reference
evapotranspiration data (e.g., CIMIS) or soil moisture sensor data.
D.Parameters used to set the automatic controller shall be developed and submitted for each
of the following:
1.The plant establishment period;
2.The established landscape; and
3.Temporarily irrigated areas.
E.Each irrigation schedule shall consider for each station all of the following that apply:
1.Irrigation interval (days between irrigation);
2.Irrigation run times (hours or minutes per irrigation event to avoid runoff);
3.Number of cycle starts required for each irrigation event to avoid runoff;
4.Amount of applied water scheduled to be applied on a monthly basis;
5.Application rate setting;
6.Root depth setting;
7.Plant type setting;
8.Soil type;
9.Slope factor setting;
10.Shade factor setting; and
11.Irrigation uniformity or efficiency setting.
30.38.170 Landscape and Irrigation Maintenance Schedule
A.Landscapes shall be maintained to ensure water use efficiency. A regular maintenance
schedule shall be submitted with the Certificate of Completion.
B.A regular maintenance schedule shall include, but not be limited to, routine inspection;
auditing, adjustment and repair of the irrigation system and its components; aerating and
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dethatching turf areas; topdressing with compost, replenishing mulch; fertilizing;
pruning; weeding in all landscape areas, and removing obstructions to emission devices.
Operation of the irrigation system outside the normal watering window is allowed for
auditing and system maintenance only.
C.Repair of all irrigation equipment shall be done with the originally installed components
or their equivalents or with components with greater efficiency.
D.Project applicants and/or developers are encouraged to implement established landscape
industry sustainable Best Practices for all landscape maintenance activities.
30.38.180 Irrigation Audit, Irrigation Survey, and Irrigation Water Use Analysis
A.All landscape irrigation audits shall be conducted by a certified landscape irrigation
auditor. Landscape audits shall not be conducted by the person who designed the
landscape or installed the landscape.
B.In large projects or projects with multiple landscape installations (i.e. production home
developments) an auditing rate of one in seven parcels or approximately 15 percent will
satisfy this requirement.
C.For new construction and rehabilitated landscape projects installed after December 1,
2015, the following shall apply:
1.The project applicants and/or developers shall submit an irrigation audit report
with the Certificate of Completion, including inspection, system tune-up, system
test with distribution uniformity, reporting overspray or run off that causes
overland flow, and preparation of an irrigation schedule, including configuring
irrigation controllers with application rate, soil types, plant factors, slope,
exposure and any other factors necessary for accurate programming;
2.The City may require an irrigation water use analysis, irrigation audits, and
irrigation surveys to ensure compliance with the Maximum Applied Water
Allowance.
30.38.190 Irrigation Efficiency
For the purpose of determining Estimated Total Water Use, average irrigation efficiency is
assumed to be 0.75 for overhead spray devices and 0.81 for drip system devices.
30.38.200 Recycled Water
A.The installation of water irrigation systems shall allow for the current and future use of
recycled water.
B.All recycled water irrigation systems shall be designed and operated in compliance with
all applicable local and State laws.
C.Landscapes using recycled water are considered Special Landscape Areas. The ETAF for
new and existing (non-rehabilitated) Special Landscape Areas shall not exceed 1.0.
30.38.210 Graywater Systems
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Graywater systems promote the efficient use of water and are encouraged to assist in on-site
landscape irrigation. All graywater systems shall conform to the California Plumbing Code
(Title 24, Part 5, Chapter 16) and any applicable local standards.
30.38.220 Stormwater Management and Rainwater Retention
A.Stormwater management practices minimize runoff and increase infiltration which
recharges groundwater and improves water quality. Implementing stormwater best
management practices in the landscape and grading design plans to minimize runoff and
to increase on-site rainwater retention and infiltration is required.
B.Project applicants and/or developers shall refer to the following references for
information on Low Impact Development (LID) standards, including stormwater
management, operations and maintenance:
1. Chapter 27D (Post Construction Stormwater Pollution and Prevention of the
Municipal Code, and
2. South Santa Clara County Regional Stormwater Management Guidance Manual for
Low Impact Development and Post-Construction Requirements Project applicants and/or
developers shall refer to the City or Regional Water Quality Control Board for
information on any applicable stormwater technical requirements.
C.All planted landscape areas shall have friable soil to maximize water retention and
infiltration in compliance with Section 30.38.120 (Landscape Design Plan), above.
D.Landscape areas shall be designed for capture and infiltration capacity that is sufficient to
prevent runoff from impervious surfaces (i.e. roof and paved areas) from either: (1) 24-
hour rain event or (2) the 85th percentile, 24-hour rain event, and/or additional capacity
as required by any applicable local, regional, State and/or Federal regulations.
E.Stormwater projects shall incorporate any of the following elements to improve on-site
storm water and dry weather runoff capture and use:
1.Grade impervious surfaces (i.e., driveways), during construction to drain to
vegetated areas.
2.Minimize the area of impervious surfaces (i.e., paved areas, roof, and concrete
driveways).
3.Incorporate pervious or porous surfaces (e.g., gravel, permeable pavers or blocks,
pervious or porous concrete) that minimize runoff.
4.Direct runoff from paved surfaces and roof areas into planting beds or landscaped
areas to maximize site water capture and reuse.
5.Incorporate rain gardens, cisterns, and other rain harvesting or catchment systems.
6.Incorporate infiltration beds, swales, basins, and drywells to capture storm water
and dry weather runoff and increase percolation into the soil.
7.Consider constructed wetlands and ponds that retain water, equalize excess flow,
and filter pollutants.
30.38.230 Public Education
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A.Publications. The City shall provide information to owners of permitted renovations and
new, single-family residential homes regarding the design, installation, management, and
maintenance of water efficient landscapes based on a water budget.
B.Model Homes. All model homes that are landscaped shall use signs and written
information to demonstrate the principles of water efficient landscapes described in this
Chapter
1.Signs shall identify the following:
a.The model as an example of a water efficient landscape featuring elements
like hydrozones, irrigation equipment, and others that contribute to the
overall water efficient theme; and
b.Information about the site’s water use as designed in compliance with the
local ordinances; specify who designed and installed the water efficient
landscape; and demonstrate low water use approaches to landscaping like
using native plants, graywater systems, and rainwater catchment systems.
2.Developers/applicants shall provide information about designing, installing,
managing, and maintaining water efficient landscapes to home buyers.
30.38.240 Provisions for Existing Landscapes
A.This Section shall apply to all existing landscape areas that were installed before
December 1, 2015 and are over one acre in size.
1.For all landscape areas that have a water meter, the City shall administer
programs that may include, but not be limited to, irrigation water use analyses,
irrigation surveys, and irrigation audits to evaluate water use and provide
recommendations as necessary to reduce landscape water use to a level that does
not exceed the Maximum Applied Water Allowance for existing landscapes. The
Maximum Applied Water Allowance for existing landscapes shall be calculated
as: MAWA = (0.8) (ETo) (LA) (0.62).
2.For all landscape areas that do not have a water meter, the City shall administer
programs that may include, but not be limited to, irrigation surveys and irrigation
audits to evaluate water use and provide recommendations as necessary in order
to prevent water waste.
B.All landscape irrigation audits shall be conducted by a certified landscape irrigation
auditor.
30.38.250 Water Waste Prevention
A.Project applicants and/or developers shall prevent water waste resulting from inefficient
landscape irrigation by prohibiting runoff from leaving the target landscape areas due to
low head drainage, overspray, or other similar conditions where water flows onto
adjacent property, non-irrigated areas, walks, roadways, parking lots, or structures.
Penalties for violating these prohibitions shall be enforced in compliance with Chapter
30.154 (Enforcement Provisions).
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B.Restrictions regarding overspray and runoff may be modified if:
1.The landscape area is adjacent to permeable surfacing and no runoff occurs; or
2.The adjacent non-permeable surfaces are designed and constructed to drain
entirely to landscaping.
30.38.260 Penalties
Noncompliance with the applicable provision of this Chapter shall be subject to enforcement
action, as provided in Chapter 30.154 (Enforcement Provisions).
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
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
6.D.a
Packet Pg. 60 Attachment: Landscape ordinance 30.38 (1607 : Landscape Ordinance Revisions)
City of Gilroy
STAFF REPORT
Agenda Item Title: Introduction of an Ordinance of the City Council of the City of Gilroy
Removing Article 30.38 "Landscaping" in its Entirety and Replacing
it With a New Article 30.38 Entitled "Landscaping, Water Efficiency
and Stormwater Retention and Treatment" Relating to the
Installation and Maintenance of Landscaping in Existing and New
Development (continued from the 2/5/18 meeting)
Meeting Date: February 26, 2018
From: Gabriel Gonzalez, City Administrator
Department: Community Development Department
Submitted By: Kristi Abrams
Prepared By: Kristi Abrams
Stan Ketchum
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
Removing Article 30.38 “Landscaping” in its Entirety and Replacing it With a New
Article 30.38 Entitled "Landscaping, Water Efficiency, and Stormwater Retention
and Treatment" Relating to the Installation and Maintenance of Landscaping in
Existing and New Development
EXECUTIVE SUMMARY:
The City promotes the value and benefits of landscaping while recognizing the need to
encourage water efficiency. The purpose of the attached proposed ordinance is to bring
the Landscape Ordinance into compliance with State standards and guidelines while
promoting the City’s goals and standards regarding sustainable development. This
6.D.b
Packet Pg. 61 Attachment: 2-26-18 CC Mtg Staff Report (1607 : Landscape Ordinance Revisions)
Chapter establishes minimum landscape standards to enhance the appearance of
developments, control soil erosion, enhance onsite storm water management, conserve
water, and ensure ongoing maintenance of landscaped areas.
On February 5, 2018, the City Council reviewed the proposed ordinance and identified
some concerns requiring additional staff review. The Council continued the item to
February 26, 2018 in order for staff to prepare the requested information , which is
included in the Analysis section of this report.
POLICY DISCUSSION:
The City Council is asked to delete the current Article 30.38 “Landscaping”, and replace
it with a new Article 30.38 “Landscaping, Water Efficiency, and Stormwater Retention
and Treatment”, relating to the installation and maintenance of landscaping in existing
and new development. In addition, the City Council Consolidated Landscaping Policy
(CLP) will be extinguished.
BACKGROUND:
The State Model Water Efficient Landscape Ordinance (MWELO) became effective on
December 1, 2015. In early 2016, the Zoning Ordinance was amended to incorporate
key MWELO provisions. The proposed ordinance incorporates additional detailed
requirements of the MWELO. The proposed ordinance also incorporates many
standards currently contained in the City Council Consolidated Landscape Policy.
In February, 2017, the City received a Notice of Violation from the Central Coast
Regional Water Quality Control Board stating that the City had failed to complete
changes to the City’s landscape code to effectively administer the City of Gilroy
Stormwater Management Program. In response to this notice, staff and Mintier Harnish,
the consultants working on the 2040 General Plan and the Comprehensive Zoning
Ordinance Update, prepared the subject ordinance which will delete the existing Article
30.38 “Landscaping”, and replace it with the new Article 30.38, “Landscaping, Water
Efficiency, and Stormwater Retention and Treatment”. Preparation of the ordinance
was part of the work backlog that the Community Development Department has been
able to accomplish as staffing resources have expanded.
On November 13, 2017, Planning Staff held a Developer’s Roundtable meeting at which
the proposed Landscaping, Water Efficiency, and Stormwater Retention and Treatment
Ordinance was reviewed. There were no comments provided from those in attendance.
ANALYSIS:
Responses to City Council issues identified at the February 5, 2018 Council meeting
Three main issues were raised by the City Council:
1. What is the applicability of the new Landscape ordinance to single family
residential property owners? The ordinance applies to the following:
6.D.b
Packet Pg. 62 Attachment: 2-26-18 CC Mtg Staff Report (1607 : Landscape Ordinance Revisions)
Projects requiring a Building Permit or Architectural and Site Permit that include
the addition of an aggregate landscape area of 500 square feet or more,
Projects requiring a Building Permit or Architectural and Site Permit that include
the rehabilitation of an aggregate landscape area of 2,500 square feet or more.
As such, the ordinance would typically not apply to an existing development, including
single family residential.
Discussion at the February 5, 2018 Council included the questions regarding the
applicability of the following two standards to the Landscape Ordinance. Staff now
recommends they be deleted, for the reasons described below.
Section 30.38.040 C. City Street Trees
4. k. Street trees shall be maintained by the property owner or property owner’s
association. Section 4. addresses the selection and installation of street
trees. This standard, relating to the maintenance of street trees, is more
appropriately included in City Code Chapter 26 Trees,that establishes the
comprehensive plan for the planting, maintenance and removal of street
trees.
4. l. No person shall cut, trim, prune, spray, brace, move, remove or replace any
street tree in the public right-of-way without a written permit from the city.
This standard also addresses the maintenance of street trees and is
contained in Chapter 26 Trees.
One additional standard is proposed for revision, as follows:
30.38.040 General Landscape Standards. A. 10. originally read:
“Use of gravel, redwood bark chips, and similar non -vegetative ground coverings
shall be limited to children’s play areas:”
The proposed revised version is as follows:
“A minimum of 50% of the landscape area shall consist of plant materials
consistent with Section 30.38.120 B. Landscape Design Requirements of this
Chapter. Portions of a landscape area not planted shall be covered with
permeable ground coverings, e.g., rock, bark, decomposed granite or similar
materials.”
2. What standards are changing? The large majority of standards addressing new
residential, commercial and industrial development (Sections 30.38.040 - .070) are
either existing in the current ordinance or are included in the existing City Council
Consolidated Landscape Policy and has been implemented as part of the City’s
development review process for many years. Codification of these standards will
consolidate all standards into one document for improved ease and efficiency of use
6.D.b
Packet Pg. 63 Attachment: 2-26-18 CC Mtg Staff Report (1607 : Landscape Ordinance Revisions)
by both staff and customers. Sections 30.38.080 - .260 incorporate the standards
required to bring the City’s landscape ordinance into compliance with the State
Model Water Efficient Landscape ordinance (MWELO). They include:
Expanded definitions section
Expanded application and documentation requirements
The Soil Management report, required at the discretion of the Planning
Manager in the current ordinance is now mandatory.
Expanded list of items required to be included in Landscape a nd Irrigation
Design Plans
New requirements including a Grading Design Plan, Certificate of Completion,
Irrigation Scheduling, Landscape and Irrigation Maintenance Schedule,
Recycled Water and Gray Water requirements, Stormwater Management and
Rainwater Retention and Public Education.
All of the above standards have been implemented by the city through review of
planning and building permits since the state ordinance was enacted in 2015.
3. How does the Landscape Ordinance relate to the proposed Protected Tree
Removal ordinance? The Protected Tree Removal ordinance is based on
standards included in the Consolidated Landscaping Policy that identify the size of
indigenous trees on private property considered significant (now defined as
“protected trees”). The ordinance establishes a new permit process for removal of a
Protected Tree, a Community of Protected Trees, or a Heritage Tree on private
property in the residential, commercial and industrial zoning districts. The section in
the Landscape ordinance addressing Protected Trees (30.38.040 D.) includes
provisions to ensure such trees are properly protected during construction of new
development projects. The new tree removal process would necessitate preparation
of an arborist report which would define pre- and post-construction protection
measures, inspections at key project milestones, and protection for space within the
root zone of any Protected Tree or Heritage Tree.
The primary objectives of the new landscape ordinance are to:
1) Update and reorganize the ordinance based on the new organization of
Comprehensive Zoning Ordinance update in progress
2) Incorporate relevant provisions of the adopted City Council Consolidated
Landscaping Policy (CLP) into the Zoning Ordinance; and
3) Bring the ordinance into compliance with the State Model Water Efficient
Landscape Ordinance (MWELO);
6.D.b
Packet Pg. 64 Attachment: 2-26-18 CC Mtg Staff Report (1607 : Landscape Ordinance Revisions)
The current ordinance states that “All landscaping shall be installed in accordance with
the adopted consolidated landscaping policy, and a landscaping plan approved by the
Planning Manager.” To provide a comprehensive location for efficient understanding of
the City’s landscaping requirements, sections of the Zoning Ordinance have been
reorganized and updated to include applicable existing landscape standards, and those
sections from the CLP. In addition, elements of the MWELO are also incorporated for
required compliance with State standards.
New Sections Incorporating Standards from the Consolidated Landscaping Policy (CLP)
1) Section 30.38.040 B. New Plant Materials addresses the need to consider the
characteristics of landscaping materials at maturity, the resistance of plant
materials to insect pests and disease, the intended use of selected plant types,
and the encouragement to use indigenous plant materials.
2) Section 30.38.040 C. City Street Trees incorporates the requirements for
installation and maintenance of street trees in new development. The only
change to the standards in the CLP is the increase in the length of time street
trees must be guaranteed to remain healthy and grow, from the current ninety
(90) days, to one (1) year.
3) Section 30.38.040 D. Protected Trees reflects the inclusion of the proposed
Protected Tree Removal Ordinance which incorporates regulations for the
removal of varieties of indigenous trees 19 inches or more in circumference, 4 ½
feet above the ground, and Heritage Trees, defined as any type of tree 90 inches
or more in circumference, 4 ½ feet above the ground. Section 30.38.040 D
incorporates requirements from a CLP section entitled Significant Trees that
requires identification of what is now being called Protected Trees on the sites of
new development. It states that an arborist may be required to make
recommendations for inclusion in the landscape plans regarding the protection of
Protected Trees identified for preservation.
This new section requires preparation of an arborist report to specify all
necessary measures to ensure that Protected Trees identified to remain are
protected throughout construction. The ordinance also requires th ree inspections
throughout the construction process to verify adherence to the arborist
recommendations.
Sections Implementing the State Model Water Efficient Landscape Ordinance
(MWELO).
Beginning with Section 30.38.080 Landscape Documentation Review Process, the
remainder of the proposed ordinance consists of the updated requirements reflecting
the State Model Water Efficient Landscape Ordinance. They include the following:
1) Expanded definitions section
6.D.b
Packet Pg. 65 Attachment: 2-26-18 CC Mtg Staff Report (1607 : Landscape Ordinance Revisions)
2) Expanded application and documentation require ments
3) The Soil Management report, required at the discretion of the Planning Manager
in the current ordinance, is now mandatory
4) Expanded list of items required to be included in Landscape and Irrigation Design
Plans
5) New requirements including a Grading Design Plan, Certificate of Completion,
Irrigation Scheduling, Landscape and Irrigation Maintenance Schedule, Recycled
Water and Gray Water requirements, Stormwater Management and Rainwater
Retention, and Public Education.
PLANNING COMMISSION DISCUSSION AND ACTION
On January 4, 2018, the Planning Commission held a public hearing to consider the
proposed ordinance. There was no public testimony regarding the ordinance. There
were no suggested revisions to the ordinance by the Planning Commission. The
Commission voted 7-0 to recommend the City Council adopt the proposed ordinance.
The Planning Commission resolution is included as Attachment 1 to this staff report.
ALTERNATIVES
The City Council may approve the changes to Section 30.38 as proposed, o r as
modified by the Council. An approval ordinance is attached. This is the recommended
action.
Should the Council choose not to approve the proposed ordinance, the current Section
30.38 will remain in place, resulting in the landscaping ordinance remaining out of full
compliance with the MWELO. The Central Coast Regional Water Quality Control Board
will likely increase its enforcement actions against the City as well. This action is not
recommended.
FISCAL IMPACT/FUNDING SOURCE
No fiscal impacts are associated with adoption of the proposed ordinance.
NEXT STEPS
Should the Council accept the recommended changes, the ordinance will be scheduled
for adoption at the next regular meeting and will be effective 30 days thereafter.
PUBLIC OUTREACH:
The public notice for this item, published in the Gilroy Dispatch on December 22, 2017,
meets the Government Code requirement for public notification of projects of citywide
importance. As noted previously, on November 13, 2017, planning staff held a
Developer’s Roundtable meeting at which the proposed Landscaping, Water Efficiency,
and Stormwater Retention and Treatment Ordinance was reviewed.
6.D.b
Packet Pg. 66 Attachment: 2-26-18 CC Mtg Staff Report (1607 : Landscape Ordinance Revisions)
Attachments:
1. Draft ordinance
6.D.b
Packet Pg. 67 Attachment: 2-26-18 CC Mtg Staff Report (1607 : Landscape Ordinance Revisions)
City of Gilroy
STAFF REPORT
Agenda Item Title: Notice of Acceptance of Completion for City Wide Pavement
Improvement Project No. 17-PW -237
Meeting Date: March 19, 2018
From: Gabriel Gonzalez, City Administrator
Department: Public Works Department
Submitted By: Girum Awoke
Prepared By: Christine Salmo
Strategic Plan Goals
☐ Financially Sustainable
and High Performing
☐ Livable Community ☐ Grow the Economy
☐ Upgrade Infrastructure ☐ Vibrant Downtown
RECOMMENDATION
Approval of notice of acceptance of completion for the City of Gilroy pavement
improvement project No. 17-PW -237.
6.E
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BACKGROUND
In June 2016 the Council approved a budget amendment in the amount of $2.5M dollars
for a city-wide pavement maintenance project. Due to the limited time available to
design and construct the entire project in the calendar year, staff proposed a phased
approach to implement a capital pavement maintenance project. In November 2016
Council approved a bid award for a pavement maintenance contract in the amount of
$1,438,888.
The capital pavement maintenance project included asphalt grind and hot mix overlay,
concrete improvements, asphalt point repairs, cape seal, micro -surfacing and striping of
at the following locations in the City:
• Miller Avenue from Sixth Street to First Street
• Murray Avenue From Lincoln Court to Las Animas Avenue
• Princevalle Street from Eighth Street to Sixth Street
• Sixth Street from Church Street to Eigleberry Street
• Third Street from Laurel Drive to Wren Avenue
• Third Street from Wren Avenue to Santa Teresa Boulevard
• Third Street from Santa Teresa Boulevard to Miller Avenue
• Third Street from Miller Avenue to Princevalle Street
• Welburn Avenue from Church Street to Hanna Street
• Welburn Avenue from Santa Teresa Boulevard to Kern Aven ue
The project was completed by Intermountain Slurry Seal Inc. within 45 calendar days.
The project is fully complete and the attached Notice of Completion document is ready
for acceptance and recording with Santa Clara County.
CAPITAL PAVEMENT MAINTENANCE PROJECT PHASE II
A second phase of the citywide pavement maintenance project is currently in the design
stage. The project will be advertised in early spring and construction is expected to
commence in early summer 2018.
Attachments:
1. NOC for Pavement Project Phase I Council Date 03.19.2017
6.E
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SEPARATE PAGE PURSUANT TO GOVT. CODE 27361.6 RECORDING REQUESTED BY: City of Gilroy WHEN RECORDED MAIL TO: Shawna Freels City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 NOTICE OF ACCEPTANCE OF COMPLETION NOTICE IS HEREBY GIVEN that work agreed to be performed under the property agreement between the City of Gilroy, a municipal corporation, whose address is 7351 Rosanna Street, Gilroy, CA 95020, and the Contractor mentioned below who developed said project, was accepted as completed by the City of Gilroy on the 19th Day of March, 2018.
Project No.: 17 -PW -273
Contractor Name: Intermountain Slurry Seal
Contractor Address: 9062 Union Park Way, Elk Grove CA 95624
Surety on Contract: Federal Insurance Company
Location of Project: City of Gilroy, CA 95020
Description of Work: Asphalt grind and hot mix overlay, asphalt point repairs, cape seal and micro-
surfacing and striping on various streets throughout the City.
Interest of City: Owner in Fee: Vendee under Agreement to Purchase; Lessee;
Owner of Easements; Holder of License; x Owner of Streets;
Owner of Utilities, Water, Sewer, Storm Systems
Owner's Name: City of Gilroy
Work Done: September 25, 2017.
This notice is given in accordance with the provisions of Section 3093 of the Civil Code of the State of California. The undersigned declares: That he is an officer of the City of Gilroy, that he has read the foregoing Notice of Acceptance of Completion and knows the contents thereof; and that the same is true of his own knowledge, except as to those matters that he believes it to be true. I certify under penalty of perjury that the foregoing is true and correct. Executed at the City of Gilroy, County of Santa Clara, State of California on March 19th, 2018. CITY OF GILROY STATE OF CALIFORNIA COUNTY OF SANTA CLARA BY Gary Heap TITLE City Engineer This document is for the benefit of the City of Gilroy. Request for Recordation without fee is made in accordance with Section 27383 of the Government Code of the State of California.
6.E.a
Packet Pg. 70 Attachment: NOC for Pavement Project Phase I Council Date 03.19.2017 (1592 : Notice of Acceptance of Completion for Pavement Improvement
SEPARATE PAGE PURSUANT TO GOVERNMENT CODE SECTION 27361.6
RECORDING REQUESTED BY: )
)
City of Gilroy )
)
)
)
WHEN RECORDED, MAIL TO: )
Shawna Freels, City Clerk )
City of Gilroy )
7351 Rosanna Street )
Gilroy, CA 95020 )
RECORDED WITHOUT FEE PER CALIFORNIA GOVERNMENT CODE SECTION 27383
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
NOTICE OF ACCEPTANCE OF COMPLETION
CITY OF GILROY PAVEMENT IMPROVEMENT PROJECT
Project No. 17-PW-237
Intermountain Slurry Seal
6.E.a
Packet Pg. 71 Attachment: NOC for Pavement Project Phase I Council Date 03.19.2017 (1592 : Notice of Acceptance of Completion for Pavement Improvement
City of Gilroy
STAFF REPORT
Agenda Item Title: Reduction of the Faithful Performance and Payment Security
Bonds for In-Tract Improvements, Property Improvement
Agreement No. 2014-01, Hecker Pass East Cluster Tract 10220
Meeting Date: March 19, 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 reduction of the faithful performance and payment security bonds for the
Hecker Pass East Cluster Tract No. 10220 in-tract improvements, Property
Improvement Agreement No. 2014-01.
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BACKGROUND
The City of Gilroy currently has several land development projects at various stage s of
development. One of the two large Specific Plan areas, the Hecker Pass Specific Plan
area, has recently completed substantial amounts of improvements. In an effort to allow
the opening and utilization of completed public areas and amenities, Gilroy City Code
Chapter 21, Article 3, Section 21.81, allows the City Council to authorize a reduction of
bonds/funds equal to the estimated cost of the complete d portion of the improvements.
The applicant for the Hecker Pass East Subdivision received Master Plan, Tentative
Map and Architectural and Site approval of a Planned Unit Development to develop the
proposed project site on November 4, 2013 [Ref: Resolution No. 2013-43, TM 13-02], to
subdivide approximately 112 acres into 186 single-family residential lots; eight-acres for
a linear park, the Uvas Creek class I bike path and a detention basin; three parcels
south of Uvas Creek to be dedicated as permanent open space; and three parcels to
remain in agricultural production with the Hecker Pass Class I bike path along its
northerly border.
Architectural and Site (A/S 13-06) plans were also approved for the planned unit
development review of the 186-lot single-family subdivision. Three Parcel Maps were
recorded with Santa Clara County that split each of the three lots to designate the
Agricultural Preserve, the area for the Heckler Pass East subdivision and the area for
the Uvas Creek Park Preserve south of Uvas Creek.
In 2014, Meritage Homes obtained Council approval for the Tract 10220, Property
Improvement Agreement (PIA) No. 2014-01, which is one of the six tracts associated
with the Hecker Pass Specific Plan area. Tract 10220 included four major areas of
improvements, each with separate bonds, as shown in Table A below.
In 2017, Meritage Homes obtained Council approval for acceptance of improvements of
the completed Santa Teresa/3rd Street roundabout. This acceptance of improvements
represents one of the four areas of the improvements for this project, as shown in Table
A below. The Faithful Performance Bond and the Payment Bond were reduced to a
10% Maintenance Bond. The developer has paid plan check and inspection fees,
submitted bonding and insurance for the above referenced Property Improvement
Agreement.
DISCUSSION
Chapter 21, Article III, Section 21.81 of the City Code allows the City Council to
authorize the reduction in the payment and performance bonds the builder provided
prior to the Property Improvement Agreements being accepted by Council. The amount
of the bond reduction is consistent with the amount of work completed at the time of
request. A maintenance bond in the amount of 10% of the construction cost ensures
6.F
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that defective work or repair needs will be addressed during the one-year maintenance
warranty period.
The developer, Meritage Homes of California, Inc., a California corporation, requests a
reduction of In-tract improvements portion of 10220’s Faithful Performance and
Payment Bonds to a Maintenance Bond which is 10% of the bond value for the In-Tract
improvements bond reduced from original $5,966,562 to $596,656. The original
security provided for 100% of the estimated construction cost and payment for In -Tract
Improvements. The In-Tract Improvements consist of new streets, grading, curb, gutter,
sidewalk, utilities, landscape, and electrical lighting.
The Tract 10220, Property Improvement Agreement (PIA) No. 2014 -01, is one of the six
tracts associated with the Hecker Pass Specific Plan area and included this bond
requirement, along with three other bond requirements, as shown in Table A below.
The project is currently asking for acceptance of improvements and bond reduction for
the In-tract improvements (Item 4 in Table A below).
The following improvements listed in the table below were required under Property
Improvements Agreement No. 2014-01:
Item
No. Table A – Improvements for Tract 10220
Bond
Amount
Complet
e
Y/N*
1.
Hecker Pass/ Autumn Drive roundabout & bike trail along
Hecker Pass (future council approval request):
Roundabout % Complete: 0% complete
Bike Trail % Complete: 0% complete
$1,300,000 N
2. Santa Teresa/3rd Street roundabout (previously council
approved) $1,810,000 Y
3.
Remainder of back-bone infrastructure (future council
approval request)
Street Utilities % Complete: 100%
Street Construction % Complete: 95%
Street and Park Landscaping % Complete: 95%
$8,540,960 N
4.
In-Tract improvements (item for this council approval)*
$5,966,562
Y
The In-Tract improvements and have been completed and inspections were conducted
by the City of Gilroy. All punch list items have been completed and City inspectors have
approved the construction.
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Currently, the applicant is working on completing the remainder of the improvements
required by PIA No. 2014-01 by: 1) Acquiring a Caltrans permit to begin the construction
of the roundabout at Hecker Pass and Autumn and a bike trail along Hecker Pass; and
2) continuing construction on the Hecker Pass West Cluster where they will be
completing the remainder of back-bone infrastructure. The project’s actual
improvement costs to date of the In-Tract Improvements have been reviewed to ensure
that the Maintenance Security amount covers any anticipated issue with the installed
improvements.
ALTERNATIVES
Should Council decides not to approve the bond reduction the Builder will be required to
maintain full bonding in the amount of 100% of the Construction Cost for payment and
100% of the Construction Cost for Performance.
FINANCIAL IMPACT
There are no financial impacts with this action.
Attachments:
1. Exhibits A and B
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6.F.aPacket Pg. 76Attachment: Exhibits A and B (1545 : Acceptance of Hecker Pass East Cluster In-Tract Improvements)
6.F.aPacket Pg. 77Attachment: Exhibits A and B (1545 : Acceptance of Hecker Pass East Cluster In-Tract Improvements)
City of Gilroy
STAFF REPORT
Agenda Item Title: Notice of Acceptance of Completion of Property Improvement
Agreement 2014-07, Silveira Tract 10230
Meeting Date: March 19, 2018
From: Gabriel Gonzalez, City Administrator
Department: Public Works Department
Submitted By: Girum Awoke
Prepared By: 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
2014-07, Silveira Tract No. 10230.
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EXECUTIVE SUMMARY
The Signature Homes development located off Day Road in the northwest part of Gilroy,
and adjacent to Christopher High School, has completed all project improvements laid
out in Property Improvement Agreement (PIA) No. 2014-07. City staff has reviewed the
completed project and recommend release of faithful performance and payment bond
amounts by 90%. The 10% maintenance b ond will stay in effect to address any
maintenance needs during the warranty period.
BACKGROUND
Gilroy 55 Lots, LLC (Signature Homes) is requesting a reduction of Tract 10230’s
faithful performance and payment bonds to a maintenance s ecurity, which is 10% of the
bond value. Per City Code Chapter 21, Article 3, Section 21.81, the City Council may
authorize a reduction of bonds/funds equal to the estimated cost of the completed
portion of the improvements.
On January 27, 2014, the Glen Loma Corporation obtained Council appr oval for a
Tentative Map [Reference: TM 13-04 & Resolution No. 2014-07] to subdivide and
develop approximately 15 acres into 55 single-family residential lots with related utilities
infrastructure, a detention/open space parcel, public streets with access to Day Road, a
secondary emergency vehicle access route to Cougar Court, and public street widening
improvements for both Day Road and Cougar Court.
In 2014, Gilroy 55 Lots, LLC (Signature Homes), purchased the property from the Glen
Loma Corporation, and as the new property owner, Signature Homes received Council
approval for Tract No. 10230, under Property Improvement Agreement (PIA) No. 2014 -
07. The developer has paid plan check and inspection fees, submitted bonding and
insurance for the above referenced PIA and Tract Map.
DISCUSSION
The developer, Gilroy 55 Lots, LLC (Signature Homes), requests a reduction of Tract
10230 Faithful Performance and Payment Bonds to a Maintenance Bond which is 10%
of the bond value for the tract improvements bond from $3,616,420 to $361,642. The
original security provided for 100% of the estimated construction cost to cover
installation costs of hard (materials, equipment, etc.) construction, including payroll.
The project is fully complete and the Notice of Completion document is ready for
acceptance and recordation with Santa Clara County. Attachment 2 is the proposed
Notice of Completion.
Recordation of Notice of Completion shortens the deadline for a mechanics lien or stop
payment notice to be served on the City to 30 days for subcontractors and 60 days for
the prime contractor. Otherwise, the timeframe for liens and stop notices to be filed is up
to 150 days should a Notice of Completion not be recorded. Once the deadlines from
the Notice of Completion has passed, the City may reduce the 100% Faithful
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Performance Bond and the 100% Payment Bond , to a 10% Maintenance Bond.
Acceptance of the tract improvements begins the maintenance period.
The tract improvements have been completed and inspections were conducted by the
City of Gilroy. All punch list items have been completed and City inspectors have
approved the construction. The project’s actual improvement costs have been reviewed
to ensure that the maintenance security amount covers any anticipated issue with the
installed improvements.
FINANCIAL IMPACT
There are no financial impacts with this action.
Attachments:
1. Silveira Vicinity Map
2. Notice of Completion
3. Property Improvement Agreement - Gilroy 55 Lots, LLC - PIA No. 2014-07-
RECORDED
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6.G.a
Packet Pg. 81 Attachment: Silveira Vicinity Map (1586 : Acceptance of Silveira Tract 10230 Improvements)
SEPARATE PAGE PURSUANT TO GOVT. CODE 27361.6 RECORDING REQUESTED BY: City of Gilroy WHEN RECORDED MAIL TO: Shawna Freels City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 NOTICE OF ACCEPTANCE OF COMPLETION NOTICE IS HEREBY GIVEN that work agreed to be performed under the property agreement between the City of Gilroy, a municipal corporation, whose address is 7351 Rosanna Street, Gilroy, CA 95020, and the Contractor mentioned below who developed said project, was accepted as completed by the City of Gilroy on the 5th day of March, 2018.
Project No.: Silveira, Tract 10230
Contractor Name: Gilroy 55 Lots, LLC, a Limited Liability Company, a California Corporation
Contractor Address: 4670 Willow Road, Suite 200, Pleasanton, CA 94588
Surety on Contract: Philadelphia Indemnity Insurance Company, of Pennsylvania
Location of Project: Day Road, West of Santa Teresa Blvd. (original APN: 783-16-026)
Description of Work: Tract Improvements Interest of City: x Owner in Fee: Vendee under Agreement to Purchase; Lessee; x Owner of Easements; Holder of License; x Owner of Streets; x Owner of Utilities, Water, Sewer, Storm Systems Owner's Name: City of Gilroy Work Done: project included the following improvements, subdivision of approximately 15 acres into 55 single-family residential lots with related utilities infrastructure, a detention/open space parcel, public streets with access to Day Road, a secondary emergency vehicle access route to Cougar Court, and public street widening improvements for both Day Road and Cougar Court. This notice is given in accordance with the provisions of Section 3093 of the Civil Code of the State of California. The undersigned declares: That he is an officer of the City of Gilroy, that he has read the foregoing Notice of Acceptance of Completion and knows the contents thereof; and that the same is true of his own knowledge, except as to those matters that he believes it to be true. I certify under penalty of perjury that the foregoing is true and correct. Executed at the City of Gilroy, County of Santa Clara, State of California on March 5, 2018. CITY OF GILROY STATE OF CALIFORNIA COUNTY OF SANTA CLARA BY Gary Heap TITLE City Engineer This document is for the benefit of the City of Gilroy. Request for Recordation without fee is made in accordance with Section 27383 of the Government Code of the State of California.
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Packet Pg. 82 Attachment: Notice of Completion [Revision 1] (1586 : Acceptance of Silveira Tract 10230 Improvements)
SEPARATE PAGE PURSUANT TO GOVERNMENT CODE SECTION 27361.6
RECORDING REQUESTED BY: )
)
City of Gilroy )
)
)
)
WHEN RECORDED, MAIL TO: )
Shawna Freels, City Clerk )
City of Gilroy )
7351 Rosanna Street )
Gilroy, CA 95020 )
RECORDED WITHOUT FEE PER CALIFORNIA GOVERNMENT CODE SECTION 27383
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
NOTICE OF ACCEPTANCE OF COMPLETION
PROPERTY IMPROVEMENT AGREEMENT NO. 2014-07
Silveira, Tract 10230, APN: 783-16-026
Gilroy 55 Lots, LLC, a Limited Liability Company, a California Corporation
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Packet Pg. 83 Attachment: Notice of Completion [Revision 1] (1586 : Acceptance of Silveira Tract 10230 Improvements)
RECORDING REQUESTED BY:
City of Gilroy
WHEN RECORDED, MAIL TO:
Shawna Freels
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
DOCUMENT: 22804787
11
ill ill 111 111il 1111111111 iiiii Ill 111111111111111111111111
REGINA ALCOMENDRAS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
City
Pages: 23
Fees.... 91.00
Taxes...
Copies..
AMT PAID 0
SPACE ABOVE THIS LINE FOR RECORDER'S USE)
Property Improvement Agreement No. 2014 -07
Silveira Tract 10230
APNs: 783 -16 -026
Silveira Tract 10230
RDE # 026
12/18/2014
2 :15 PM
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Packet Pg. 84 Attachment: Property Improvement Agreement - Gilroy 55 Lots, LLC - PIA No. 2014-07-RECORDED (1586 : Acceptance of Silveira Tract 10230
PROPERTY IMPROVEMENT AGREEMENT
Property Improvement Agreement No. 2014 -07
This Property Improvement Agreement ( "Agreement ") is made and entered into this Ir day of
November, 2014, by and among the City of Gilroy, a municipal corporation, herein called the "City,"
and Gilroy 55 Lots, LLC, a Limited Liability Company, a California corporation, herein called the
Developer ".
WHEREAS, a tentative final map of subdivision, record of survey or building permit (Site Clearance)
application has now been submitted to the City for approval and acceptance, covering certain real estate
and property improvements known as and called: Silveira Tract 10230 APNs: 783 -16 -026, a legal
description of which is attached hereto and incorporated herein as Exhibit "A" (the "Property "), and as
described in the project improvement plans entitled Silveira Tract 10230.
WHEREAS, the Owners are the fee owner of the Property and have contracted with Developer to
sell the Property to Developer, and Developer requires certain utilities and public works facilities in
order to service the Property under the minimum standards established by the City and Owners are in
agreement therewith and,
WHEREAS, the City, by and through its City Council, has enacted certain Codes, Ordinances and
Resolutions and certain Rules and Regulations have been promulgated concerning the subject matter of
this Agreement and,
WHEREAS, the City has certain responsibilities for maintenance and operation of such utilities and
public service facilities after acceptance by City, and for providing the necessary connecting system, general
plant and appurtenances, and the City is agreeing to discharge those responsibilities, provided that Developer has
faithfully and fully complied with all of the terms, covenants, conditions to be performed by Developer pursuant
to this Agreement.
NOW THEREFORE, in consideration of the foregoing premises and in order to carry on the intent and
purpose of said Codes, Ordinances, Resolutions and Regulations, it is agreed by and between the parties as
follows:
SECTION 1
That all Codes, Ordinances, Resolutions, Rules and Regulations and established policies of the City and
the laws of the State of California and the United States of America concerning the subject matter of this
Agreement are hereby referred to and incorporated herein to the same effect as if they were set out at length
herein. Said Codes, Ordinances, Resolutions, Rule and Regulations include, but are not limited to, the
following: the Code of the City of Gilroy, the current Zoning Ordinance, and the currently adopted Uniform
Building Code.
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SECTION 2
The Developer or Owners agrees:
a. To perform each and every provision required by the City to be performed by the Developer in each
and every one of said Codes, Ordinances, Resolutions, Rules and other Regulations and to comply
with the foregoing and all applicable laws.
b. To grant to the City without charge, free and clear of encumbrances, any and all easements and
rights of way in and to the Property necessary for the City in order that its water, electricity, and /or
sewer lines in or to said Property may be extended.
To indemnify, defend with counsel of City's choice and hold the City free and harmless from all
suits, fees, claims, demands, causes of action, costs, losses, damages, liabilities and expenses
including without limitation attorneys'fees) incurred by City in connection with (i) any damage
done to any utility, public facility or other material or installation of the City on said Property which
the Developer or any contractor or subcontractor of the Developer, or any employee of the
foregoing, shall do in grading or working upon said Property; or (ii) arising or resulting directly or
indirectly from any act or omission of Developer or Developer's contractors, or subcontractors, or
any employee of the foregoing in connection with the work performed by them in connection with
this Agreement, including without limitation all claims relating to injury or death of any person or
damage to any property.
d. To construct and improve all public works facilities and other improvements described in this
Agreement and the improvement plans submitted to the City of Gilroy in furtherance of this
Agreement on file with the City of Gilroy. All construction and improvements shall be
completed in accordance with all standards established in the Codes, Ordinances,
Resolutions, Rules and Regulations, all applicable laws and this agreement, and in
accordance with the grades, plans, and specifications approved by the City Engineer.
Developer shall furnish two good and sufficient bonds, a Payment Bond on a form provided
by the City and a Faithful Performance Bond, both of which shall be secured from a surety
company admitted to do business in California Each bond shall set forth a time period for
performance by the, contractor of its obligations and the terms and conditions on which the
City may obtain the proceeds of the bond.
The Faithful Performance Bond shall be in an amount not less than one hundred percent
100 %) of the total estimated amount payable for the improvements described in this
Agreement, and shall secure payment to City and the Developer of any loss due to the default
of the contractor or its inability or refusal to perform its contract. The performance bond
shall by its terms remain in full force and effect for a period of not less than one year after
completion of the improvements by Developer and acceptance of the improvements by City,
to guarantee the repair and replacement of defective material and faulty workmanship. Upon
completion of the improvements by Developer and acceptance of the improvements by City,
Developer may substitute for the performance bond securing maintenance described above, a
separate maintenance bond issued by an admitted surety in the amount of ten percent (10 0/0)
of the total contract price of the improvements (provided that the amount of said bond shall
not be less than One Thousand Dollars ($1,000) to cover the one -year maintenance period.
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The Payment Bond shall . be in an amount not less than one hundred percent (100 %) of the
total estimated amount payable for the improvements described in this Agreement. The
Payment Bond shall secure the payment of those persons or entities to whom the Developer
or Owners may become legally indebted for labor, materials, tools, equipment or services of
any kind used or employed by the contractor or subcontractor in performing the work, or
taxes or amounts to be withheld thereon. The Payment Bond shall provide that the surety
will pay the following amounts should the Contractor or a Subcontractor fail to pay the same,
plus reasonable attorneys' fees to be fixed by the court if suit is brought upon the bond:
1) amounts due to any of the persons named in California Civil Code Section 9100;
2) amounts due under the Unemployment Insurance Code with respect to work or labor
performed for the improvements described in this Agreement; and (3) any amounts required
to be deducted, withheld, and paid over to the Employment Development Department from
the wages of employees of the Contractor and Subcontractors pursuant to Section 13020 of
the Unemployment Insurance Code with respect to the work and labor. The Payment Bond
shall, by its terms,. inure to the benefit of any of the persons named in Civil Code
Section 3181 so as to give a right of action to those persons or their assigns in any suit
brought upon the bond.
Simultaneously with the submission of its building permit application (Site Clearance), the
Developer or Owners shall submit the following for both the surety that furnishes the
Payment Bond and the surety that furnishes the Faithful Performance Bond: (1) a current
printout from California Department of Insurance's website (www.insurance.ca.gov)
showing that the surety is admitted to do business in the State; or (2) a certificate from the
Clerk of the County of Santa Clara that the surety's certificate of authority has not been
surrendered, revoked, canceled, annulled, or suspended or in the event that it has, that
renewed authority has been granted.
e. Except as otherwise expressly provided in this Agreement, all plan check and inspection fees which
are payable by Developer or Owners pursuant to the attached comprehensive fee schedule are due
and payable to the City prior to Council approval of the final map of the subdivision. Upon approval
of the record of survey or the building permit covering the real estate to be improved and before any
work is done therein, the Developer or Owners shall pay to the City all other sums payable by
Developer pursuant to the attached comprehensive fee schedule.
f. At all times during the term of this Agreement and until the improvements constructed by Developer
or Owners are accepted by City, Developer or Owners shall, at no cost to City obtain and maintain
a) a policy of general liability and property damage insurance in the minimum amount of One
Million Dollars ($1,000,000), combined single limit for both bodily injury and property damage; (b)
workers' compensation insurance as required by law; and (c) broad form "Builder's Risk" property
damage insurance with limits of not less than 100% of the estimated value of the improvements to be
constructed by Developer or Owners pursuant to this Agreement.
All such policies shall provide that thirty (30) days written notice must be given in advance to City
prior to termination, cancellation or modification. The insurance specified in (a) above shall name
City as an additional insured and the insurance specified in (c) shall name City as a loss ,payee, and
shall provide that City, although an additional insured or loss payee, may recover for any loss
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t
suffered by reason of the acts or omissions of Developer or Owners or Developer's contractors or
subcontractors or their respective employees. Developer and Owners hereby waives, and Developer
or Owners shall cause each of its contractors and subcontractors to waive, all rights to recover
against City for any loss or damage arising from a cause covered by the insurance required to be
carried pursuant to this Agreement or actually carried by Developer or Owners in connection with
the work described in this Agreement, and will cause each insurer to waive all rights of subrogation
against City in connection therewith. All policies shall be written on an occurrence basis and not on
a claims made basis and shall be issued by insurance companies acceptable to City. Prior to
commencing any work pursuant this Agreement, Developer or Owners shall deliver to City the
insurance company's certificate evidencing the required coverage, or if required by City a copy of
the policies obtained.
SECTION 3
That all the provisions of this Agreement and all work to be done pursuant to the terms of this
Agreement are to be completed to City's satisfaction within one year from and after the date and year of
this Agreement first above written. Developer or Owners shall maintain such public works facilities and
other improvements described in this Agreement at Developer's or Owner's sole cost and expense at all
times prior to acceptance by City in a manner which will preclude any hazard to life or health or damage
to property.
SECTION 4
That the faithful and prompt performance by the Developer or Owners of each and every term and
condition contained herein is made an express condition precedent to the duty of the City to perform any
act in connection with this transaction, and the failure, neglect or refusal of the Developer or Owners to
so perform, or to pay any monies due hereunder when due shall release the City from any and all
obligations hereunder and the City, at its election, may enforce the performance of any provision herein,
or any right accruing to the City or may pursue any remedy whatsoever it may have under applicable
laws or the Codes, Ordinances, Resolutions, Rules and Regulations of the City, in the event of any such
default by Developer or Owners.
SECTION 5
That this Agreement, including without limitation the general stipulations outlined in Section 6
below, is an instrument affecting the title or possession of the real property and runs with the land.
Except as expressly provided in the second sentence of Item 3 of the general stipulations set forth in
Section 6 below (relating to the payment of reimbursement to the original Developer named in this
Agreement), all the terms, covenants and conditions herein imposed shall be binding upon and inure to
the benefit of City, Owners, Developer, the successors in interest of Developer, their respective
successors and permitted assigns and all subsequent fees owners of the Property. The obligations of the
Developer under this Agreement shall be the joint and several obligations of each and all of the parties
comprising Developer, if Developer consists of more than one individual and /or entity. Upon the sale or
division of the Property, the terms of this Agreement shall apply separately to each parcel and the fee
owners of each parcel shall succeed to the obligations imposed on Developer by this Agreement.
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Packet Pg. 88 Attachment: Property Improvement Agreement - Gilroy 55 Lots, LLC - PIA No. 2014-07-RECORDED (1586 : Acceptance of Silveira Tract 10230
SECTION 6
The following general stipulations shall be completed subject to the approval of the Public Works
Director /City Engineer:
This agreement guarantees improvements associated with the Silveira development. The latest City
approved plan set shall hold true.
2. No building permit shall be. issued in connection with this project if the owner or
developer of such development ( i) is not in compliance with the City's Residential
Development Ordinance (City Zoning Ordinance Sections 50.60 et seq.) referred to as
the RDO, any conditions of approval issued in connection with such development, or
other City requirements applicable to such development; or (ii) is in default under any
agreement entered into with the City in connection with such development pursuant to
the. RDO. The project must also comply with any condition of exemption granted from
the RDO, including but not limited to time limits in obtaining City approvals and
completion of construction of the dwelling units.
3. All work is to be performed in compliance with the City of Gilroy Specifications Standards and
Design Criteria and is subject to all laws of the City of Gilroy by reference. Public street
improvements and the design of all public storm drainage facilities, sewer, and water lines shall be
in accordance with City Standards and shall follow the most current City Master Plan for streets, as
approved by the City of Gilroy's Public Works Director /City Engineer.
4. The project shall adhere to all the Tentative Map conditions (TM 13 -04) as well as to all the
Mitigation Measures for this project.
5. Additional Planning conditions may follow which may include outstanding fees for additional.City
staff time allocated to the project and shall be paid by issuance of 1St building permit.
6. Provide landscape plans that include vegetation to sufficiently screen masonry walls placed along
Day Road and Cougar Court as viewed from those roadways. Approved landscape plan shall be
implemented prior to building permit issuance.
7. The applicant shall obtain a Habitat Plan permit from the City of Gilroy prior to issuance of a
grading permit.
8. The applicant shall be responsible for the construction of improvements to correct the queue
deficiency for left-turn movements at the intersection of Santa Teresa Boulevard and Day Road
east) as identified in the Silveira Residential Subdivision Traffic Impact Analysis (Hexagon
Transportation Consultants, October 29, 2013). The improvement plans will be subject to approval
by the City of Gilroy traffic engineer prior to approval of the final improvement plans and the
improvements shall be completed prior to any building permit final for the project, excluding
Model Home permits.
Project shall retain an on -call traffic engineer to assist in addressing any field issues that may arise.
IM
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Packet Pg. 89 Attachment: Property Improvement Agreement - Gilroy 55 Lots, LLC - PIA No. 2014-07-RECORDED (1586 : Acceptance of Silveira Tract 10230
10. Frontage road landscaping shall be funded by the city's Citywide Landscape Community
Facilities District No.. 2012 -1 (CFD 2012 -1). The developer shall pay the annexation fee and
complete the annexation application to annex into CFD 2012 -1 prior to lst building occupancy or
as otherwise determined by the Director of Public Works.
11. The applicant and /or developer as a courtesy shall submit improvement plans of County facilities
to the County no later than 30 days after approval, in acknowledgement of their request for
concurance on their Trail access goals..
12. The project shall fully comply with the measures required by the City's Water Supply Shortage
Regulations Ordinance (Gilroy City Code, Chapter 27, Article VI), and subsequent amendments,
which was adopted on August 4, 2014 to meet the requirements imposed by the State of
California's Water Board. This Ordinance established permanent voluntary water saving measures
and temporary water conservation standards.
a. All construction water from fire hydrants shall be metered and billed at the current
hydrant meter rate.
b. Recycled water shall be used for construction water; where available, as determined
by the Public Works Director. Recycled water shall be billed at the municipal
industrial rate based on the current Santa Clara Valley Water District's municipal
industrial rate.
c. Where recycled water is not available, as determined by the Public Works Director,
potable water shall be used. All City potable water will be billed based on the City's
comprehensive fee schedule under the Portable Fire hydrant meter rate.
13. This project is subject to post - construction stormwater quality requirements per Section 27D of
the Gilroy Municipal Code. Post - construction treatment measures must be reviewed and
approved by the Engineering Division prior to Final Map and /or improvement plan approval.
a. Stormwater BMP Operation and Maintenance Agreement
i. Prior to the issuance of any building permit requiring stormwater management
BMPs, the owner(s) of the site shall enter into a formal written Stormwater
BMP Operation and Maintenance Agreement with the City. The City shall
record this agreement, against the property or properties involved, with the
County of Santa Clara and it shall be binding on all subsequent owners of land
served by the storm water management treatment BMPs. The City - standard
Stormwater BMP Operation and Maintenance Agreement will be provided by
Public Works Engineering.
ii. This Agreement shall require that the BMPs not be modified and BMP
maintenance activities not alter the designed function of the facility from its
original design unless approved by the City prior to the commencement of the
proposed modification or maintenance activity.
iii. This Agreement shall also provide that in the event that maintenance or repair
is neglected, or the stormwater management facility becomes a danger to
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Packet Pg. 90 Attachment: Property Improvement Agreement - Gilroy 55 Lots, LLC - PIA No. 2014-07-RECORDED (1586 : Acceptance of Silveira Tract 10230
public health or safety, the city shall have the authority to perform
maintenance and /or repair work and to recover the costs from the owner.
iv. All on -site stormwater management facilities shall be operated and maintained
in good condition.and promptly repaired /replaced by the property owner(s), an
owners' or homeowners` association or other legal entity approved by the City.
v. Any repairs or restoration /replacement and maintenance shall be in
accordance with City- approved plans.
vi. The property owner(s) shall develop a maintenance schedule for the life of
any stormwater management facility and shall describe the maintenance to be
completed, the time period for completion, and who shall perform the
maintenance. This maintenance schedule shall be included with the approved
Stonnwater Runoff Management Plan.
b. Stormwater BMP Inspections will be required for this project and shall adhere to the
following:
i. The property owner(s) shall be responsible for having all stormwater
management facilities inspected for condition and function by a
knowledgeable third party.
ii. Unless otherwise required by the City Engineer or designee, stormwater
facility inspections shall be done at least twice per year, once in Fall, in
preparation for the wet season, and once in Winter. Written records shall be
kept of all inspections and shall include, at minimum, the following
information:
iii. Site address;
iv, Date and time of inspection;
v. Name of the person conducting the inspection;
vi. List of stormwater facilities inspected;
vii. Condition of each stormwater facility inspected;
viii. Description of any needed maintenance or repairs; and
ix. As applicable, the need for site re- inspection.
c. Upon completion of each inspection, an inspection report shall be submitted to Public
Works Engineering no later than October 15t for the Fall report, and no later than
March 15t of the following year for the Winter report.
14. Improvements shall conform to the final City approved plan set. Construction staging, traffic
control plans and encroachment permits will need to be coordinated with each segment of the
project to ensure minimal impact to road users.
15. If there are any reimbursements payable to the Developer, they must be specifically identified in
this Agreement. Any such reimbursements shall be payable to the original Developer named in
this Agreement above, and shall not inure to the benefit of any subsequent owners of all or any
portion of the Property. All reimbursements payable to Developer shall be subject to the City's
reimbursement policies and ordinances in effect from time to time, including without limitation
any expiration dates identified in such policies and ordinances. In addition to any other conditions,
requirements and limitations set forth in the City's reimbursement policies and ordinances from
time to time, (i) in no event shall any reimbursements be payable to Developer if City determines
in its sole and absolute discretion from time to time that there are not sufficient reserves then on
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Packet Pg. 91 Attachment: Property Improvement Agreement - Gilroy 55 Lots, LLC - PIA No. 2014-07-RECORDED (1586 : Acceptance of Silveira Tract 10230
hand in the specific reimbursement fund from which Developer's reimbursement is payable, over
and above any amounts anticipated to be required to be expended from such reimbursement fund,
which reserves, at a minimum, are equal to at least half of the remaining average yearly anticipated
expenditures of such reimbursement fund as determined by City from time to time; (ii) City may,
in its sole and absolute discretion, make partial reimbursement payments to Developer in yearly
increments, as determined by City; and (iii) City may defer payments in any given year if projects
deemed by City to be of high importance are determined by City, in its sole and absolute
discretion, to be warranted or necessary, and the funds in such reimbursement fund are designated
by the City for use on such projects of high importance. Reimbursements payable to Developer,
subject to the terms and conditions of this Agreement and the City's reimbursement policies and
ordinances in effect from time to time. The following facilities are subject to reimbursements:
16. Developer or Owners agrees to:
a. Pay City the initial estimated amount based on an initial cost estimate previously submitted
by Developer for all activities undertaken pursuant to this Agreement; the breakdown of
said activities is further described in.the "City of Gilroy Community Development .
Department Engineering Division Cost Estimate" attached hereto as Exhibit "B ". Such
payment shall be made prior to the issuance of the Grading Permit for any work performed
on Improvement Property. Such payment does not include the permit processing fees that
may be due for the grading permit. Developer or Owners shall pay any additional final
costs due City based on any additional reinspection costs of the Improvements incurred by
City and final costs submitted by Developer or Owners at the completion of work. Such
payment shall be made no later than the date that Developer submits the Development
Documents for City review.
b. Provide a construction schedule to City and hold a pre - construction meeting with City
inspection staff present. Developer shall notify City, no later than two (2) business days
prior to commencement of construction and permit City staff to be present at any time City
considers advisable during Developer's construction of the Improvements in order to
determine whether such improvements meet relevant; current City Regulations.
c. Provide City with a twenty -four (24) hour emergency contact number through which City
may contact Developer in -case City determines that an unsafe condition may exist on the
Improvement Site.
17. Nothing in this Agreement shall be deemed to abrogate the responsibility of Developer or
Owners to pay any fees, obtain any permits, including an encroachment permit for work
within a City right -of -way and a grading permit for work within Developer's private
property, and comply with any City Regulations or Additional Regulations associated with
construction of the Improvements. Fees shall include, but not be limited to, costs of plan
check and City inspection of construction on site.
The term of this Agreement shall commence on the effective date and terminate three hundred sixty-five
365) days thereafter, however the bonds cannot be released if improvements have not been completed
to the satisfaction of the City Engineer. Notwithstanding the foregoing, this Agreement may earlier
terminate upon an improvement agreement in form satisfactory to the City that covers all the
M
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Packet Pg. 92 Attachment: Property Improvement Agreement - Gilroy 55 Lots, LLC - PIA No. 2014-07-RECORDED (1586 : Acceptance of Silveira Tract 10230
Improvements as set forth herein. Notwithstanding the foregoing as to termination, the Developer named
herein shall be solely entitled to all reimbursements as set forth in this Section 6 Paragraph 3, and this
right shall survive the termination of this Agreement. In lieu of the bonds as set forth in Section 2 (d)
above, Developer may furnish one or more irrevocable letters of credit issued by a bank admitted to do
business in the State of California acceptable to City in amounts, form and substance as approved by the
City.
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Packet Pg. 93 Attachment: Property Improvement Agreement - Gilroy 55 Lots, LLC - PIA No. 2014-07-RECORDED (1586 : Acceptance of Silveira Tract 10230
SECTION 7
That the attached Development Cost Schedule enumerates all fees and their extensions.
TOTAL AMOUNT DUE CITY
CITY OF GILROY
ly:
oma s J. Haglund
2, 597, 785.94
DEVELOPER
Gilroy 55 Lots, LLC, a Limited Liability
Company
By:
Title: fit 6s! 66,,MT
Date: I C) / Z 11 y
OWNERS:
Gilroy 55 Lots, LLC, a Limited Liability
Company
By: Z
Gay G,o
Title: (2ES u7cN
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Packet Pg. 94 Attachment: Property Improvement Agreement - Gilroy 55 Lots, LLC - PIA No. 2014-07-RECORDED (1586 : Acceptance of Silveira Tract 10230
APPROVED AS TO FORM:
r
Linda A. Callon, City Attorney
NOTE: If Developer is a corporation, the complete legal name and corporate sea] of the corporation and
the corporate titles of the persons signing for the corporation shall appear above.
ATTACH CURRENT NOTARY FORM(S)]
Attachments:
Exhibit A - Legal Description
Exhibit B — Development Cost Schedule
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Packet Pg. 95 Attachment: Property Improvement Agreement - Gilroy 55 Lots, LLC - PIA No. 2014-07-RECORDED (1586 : Acceptance of Silveira Tract 10230
r
State of California
ss.
County of Alameda
On November 4, 2014 . before me, Susan M. Brady, Notary Public.
Date
personally appeared Gary L. Galindo
Name(s) of Signer(s)
SUSAN M. BRADY
Commission # 2034359
Notary Public - California
Alameda CountyLi - - - - - - - - - - - - - - M Comm. Ex iris Aug 7 2017
Who proved to me on the basis of
satisfactory evidence to be the person
whose name is subscribed to the within
instrument and acknowledged to me that
he executed the same in his authorized
capacity and that by his signature on the
instrument the person, or the entity upon
behalf of which the person acted,
executed the instrument.
I certify under PENALTY OF PERJURY
under the laws of the State of California
that the foregoing paragraph is true and
correct.
WITNESS my hand and official seal.
A-Z
Susan M. Brady-Commission N 'V2034359
Optional
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Other than Named Above:
Signers Name:
Individual
Corporate Officer - Title(s):
Partner- Limited General
Attomey -in -Fact
Trustee
Guardian or Conservator
Other:
Signer is Representing:
Number of Pages:
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Packet Pg. 96 Attachment: Property Improvement Agreement - Gilroy 55 Lots, LLC - PIA No. 2014-07-RECORDED (1586 : Acceptance of Silveira Tract 10230
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
County of 6aY40— L%.L rYi_
CML CODE § 1189
On 'Z ,l before me, dY1 Z(D 1 u
r UI )C—
Date — Here Insert Na a nd Title of the Officer
personally appeared l i'iGl rl
Na ( ) of Signer(s)
s
who proved to me on the basis of satisfactory
evidence to be the person) whose name( s
subscribed to the within instrument and acknowledged
to me that helshimey executed the same in
is erTil authorized capacity(ies), and that by
INGA ALONZO
his signature06 on the instrument therg. r
Commission 19319139 person, or the entity upon behalf of which the
Z . = Notary Public - Cai fornia Z persod" acted, executed the instrument.
Z Santa Clara County ->
My Comm. Expires Apr 15, 2015 1 certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature: 0 4
Place Notary Seal Above Si
OPTIONAL )
nature of Notary Public
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Corporate Officer — Title(s):
Individual
Partner — Limited I General
Attorney in Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing
RIGHT THUMBPRINT
OF SIGNER
Number of Pages:
Signer's Name:
Corporate Officer — Title(s):
Individual
Partner — Limited General Top of thumb here
Attorney in Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
2010 National Notary Association • NationalNotary.org • 1- 800 -US NOTARY (1 -800- 876 -6827) Item #5907
6.G.c
Packet Pg. 97 Attachment: Property Improvement Agreement - Gilroy 55 Lots, LLC - PIA No. 2014-07-RECORDED (1586 : Acceptance of Silveira Tract 10230
ORDER NO.: 0621005296 -JW
EXHIBIT A
The land referred to is situated in the County of Santa Clara, City of Gilroy, State of California,
and is described as follows:
All of Parcel Two, as shown upon that certain Map entitled, "'Parcel Map ", which Map was filed
for record in the Office of the Recorder of the County of Santa Clara, State of California, on
February 12, 2009 in Book 830 of Maps, at page(s) 21.
APN: 783 -16 -026
0
Page 1of1
i
w
Page 1of1
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Packet Pg. 98 Attachment: Property Improvement Agreement - Gilroy 55 Lots, LLC - PIA No. 2014-07-RECORDED (1586 : Acceptance of Silveira Tract 10230
ENCOMPASS NO:
DATE:
NUMBER:
PROJECT LOCATION:
PARCEL NUMBER:
OWNER/DEVELOPER:
MAILING ADDRESS:
TELEPHONE NO:
PREPARED BY:
E1
Account No. Key Code
100 -2601- 0000 -3625 4904
100 - 2601- 0000 -3605 4702
420 - 2600 - 0000 -3660 4501
432 - 2600= 0000 -3660 3301
433 - 2600 - 0000 -3660 4905
435- 2600 - 0000 -3660 4509
436 - 2600 - 0000 -3660 4510
440- 2600 - 0000 -3660 4515
720-0433 -0000 -3620 2202
801- 2601 -PWDO -3899 4703
801- 2601 -PWDO -3899 4703
9122/2014 8:59 AM
CITY OF GILROY
PUBLIC WORKS DEPARTMENT
ENGINEERING DIVISION
COST ESTIMATE
EFFECTIVE 7/1/2014
1'4060022 ° fi Revised: ' ,—`, ''
Revision Number. 1
18vep 14xk- Revision By:
j, 783:18-026;1 <. wti lip. .
Signature,tlornes2GleniLoma Corpoi ation• _.._ _. .: • -' ,,w,, 7 -.,, .ra,.,r „',. ,
as s7888WN
5IW411; 7,-.1371 ;'ad f .. ,•x•^tf- 'P 77-7-77--1
IVCervantes
Fee: Credits: Amount Due: Account Description Paid on Invoice #
2,618.50 _ ] 2,618.50 S pedal Public Works Sery
310,079.28 R$1,1`825:44 ,1 g 191,953.84 Eng Plan Check & Insp
8,403.60 — TMv 8,403.60 Storm Development Feed ;
2,255.00 - :. 2,255.00 Str Tree Development *3 ,
564,960.00 F777-7— 564,960.00 Traffic Impact Fee
611,215.00 '' 611,215.00 Sewer Development Fee i A-W4
236,170.00 ?, r 236,170.00 Water Development Feed
963,710.00 ":r 963,710.00 Public Facility Fee
16,500.00
v
16,500.00 Const Water Use Fee j E
0.00 0.00 Reimbursements 4
0.00 Other Reimbursements
Total 2,597,785.94
Payment Bond Amount for all improvements
Performance Bond Amount for all improvements
3,616,420
3;616,420
COST SCHEDULE FeeEohe9MgeviseditWmRatp\2@vWda1ENT PROJECTS\Trait FilelTr 10230- SilveiraTees -Cost Schedule- Invoices7emplate Dev Fees 7- 1- 2014 - Silveira
6.G.c
Packet Pg. 99 Attachment: Property Improvement Agreement - Gilroy 55 Lots, LLC - PIA No. 2014-07-RECORDED (1586 : Acceptance of Silveira Tract 10230
L
902!2014 8:59 AM
CITY OF GILROY
COMMUNITY DEVELOPMENT DEPARTMENT
ENGINEERING DIVISION
COST ESTIMATE
ENCOMPASS NO: E7 14050022
DATE: 18-Sep-2014
NUMBER: Tract 10230SIIveira
PROJECT'LOCATION: South of Day Road, West of Cougar Court
PARCEL NUMBER: 783 -16 -026
OWNERIDEVELOPER: Signature Homes /Glen Loma Corporation
MAILING ADDRESS: 7888 Wren Ave. Suite D143 Gilroy, CA 95020
TELEPHONE NO: 408 - 847 -4224
PREPARED BY: MCervantes
FINAL ENGINEERING
COST SCHEDULE TYPE: COST ESTIMATE ? F73A PLAN CHECK ? ER9 INCENTIVE AGREEMENT ONLY ? NP.
DEFER PUBLIC FACILITY FEE? TO PERMIT ?F—W] TO FINAL ?ER
DEFER SEWER, WATER, TRAFFIC FEES? TO PERMIT ?E& TO FINAL? I .N=
NOTE: This Preliminary Cost Schedule is an estimate and will be adjusted to the rates in effect at the time permits are issued
Site Information:
Residential-Low ?
Residential-High ?
Commercial-Low ?
Commercial -High ?
Industrial- General ?
industrial- Warehouse ?
Assembly Hall?
Common Area?
Commercial/Industrial Allocations:
Gross Acres: Lots: Units:
I o 000
551
F
f0ZOO U
Median SF:
0 OOCjI 0
L 0 0 1 f 0
0:0
0000
o
j 0
0.'000 0
0.000
100 -2601 -0000 -3625
Sewer G•P.D Water GPD:
Reimbursements and credits:
Front Footage /Square Footage Charges and Construction Water
Sq Ft:
r 0
c 0
J
0
Street Tree FF: Water FF: S=ewer FF: Storm FF: Const Water Acres to be Developed:
Pavement SF: Median SF: Sidewalk SF: Curb /Gutter FF: Construction Water FF:
I.- 1 — , 0:01 a)'.Q 0:0 5 QW—, ice'
SPECIAL PUBLIC WORKS SERVICES 100 -2601 -0000 -3625 2,618.50
Maps:
Final Map $1,755.00 + 15.70 / lot ..Y 2,618.50 Fee ID NO- FINALM
Parcel Map $2,035.00 + 630.00 / lot E-6-0 0.00 Fee ID NO- PARCELM
Re- assessment Map (Assessment District Parcels)
1,710.00 + 630.00 / lot L 0.00 Fee ID N- ASSESM
Administration Fees:
Cost Schedules, Agreements, R/W Reviews and Other Misc. Services)
P-1-01 hr Misc Services $185.00 / hr
Special Staff Analysis
hr Special Analysis $143.44 / hr
7-9 $0.00 Fee ID N -MISC
LN } $0.00
EN&kg&gfdia L7 Wl§&CRgB90"vR &HERB'P @VWJOAENT PROJECib)rATil®O SilveiralFees -Cost Schedule -(;FO t4 ev Fees 7- 1- 20011)" 28
ACTUAL COST OF PUBLIC IMPROVEMENTS FINAL ENGINEERING PLAN CHECK $0:00
At time of Improvement Plan/Final Map submittal 40% of fee is due for Plan Check. Remainder 60% due prior to submittal of Final Map for
Council approval
6.G.c
Packet Pg. 100 Attachment: Property Improvement Agreement - Gilroy 55 Lots, LLC - PIA No. 2014-07-RECORDED (1586 : Acceptance of Silveira Tract 10230
Additional. Plan Review After First Three Submittals or Review of Changes, Additions or Revisions to
1
Approved Plans
0 hr Additional Plan Review $143.44 / hr. L - ^W z $0.00 Fee ID NO- GRADINS
2 Hour Minimum)
Re- Inspection Fee
F-0; hr Re-inspection $125.00 / hr. j $0.00 Fee ID NO- GRADINS
Inspections outside of normal business hours
7-17761 hrinspection $475.00 +
Based on total cost of improvements)
Estimated Cost of Improvements
12.6% $0
10.5% '$100,000
8.4% over
Payment Bond Amount for all improvements
Performance Bond Amount for all improvements
IMPACT FEES
Storm Drain Impact Fee
a.Residential -Low
b.Residential-High
c.Commeroial
d.lndustrial
e.Assembly Hall
Street Tree Fee
a.City Planting and Replacement
b.Inspection and Replacement
Traffic Impact Fee
a.Residential -Low
b.Residential-High
o:Commercial -Low Traffic
10.75 trips /1000 sf)
d.Commercial -High Traffic
10.75 trips /1000 sf)
e.lndustrial- General
f. industriakWarehouse
9/2212014 8:59 AM
160.00 / hr. after3hrs 0.00 Fee ID NO- GRADINS
COST ACTUAL
ESTIMATE COST_ DIFFERENCE ($310,079.28)
F-.-- $-3 -i6-16.-4-20' Fee ID NO- PCKINSP
100,000 Y -' $12,600:00 I, Y'1 0.00
200,000 $10,500.00 [Y $0.00
200,000 $286,979.28 0.00
3,616,420
11,365.00
3,616,420
3.06 / f.f. x
420 - 2600 - 0000 -3660
564.00 acre TY $8,403.60
886.00 acre Yid $0.00
1,528.00 acre Y $0.00
1,128.00 acre ET-1 $0:00
564.00 acre ;Y:1 $0.00
unity,
432 - 2600 - 0000 -3660
3.06 / f.f. x j 0.0 = $0.00
0.41 / f.f. x
Fee ID NO -SD-HD
5,500.0 = $2,255.00
Fee ID NO-SD -C
433 - 2600 - 0000 -3660
10,272.00 unit Y] $564,960.00
8,327.00 unity, 0.00
11,365.00 k.s.f.
22,958.00 k.s.f. L, -1 _ $0.00
4,504.00 k.s.f. 1YY7 $0.00
3,264.00 k.s.f. rY;r' $0.00
COST SCHEDULE FeesaLeaLtevisedidueRa 1p1@@vWd2AENT PROJECTS \Trait File \Tr 10230- Silveira\Fees -Cost Schedule- InvoiceslTemplate Dev Fees 7- 1- 2014Silveira
8,403.60
Fee ID NO -SD-LD
Fee ID NO -SD-HD
Fee ID NO-SD -C
Fee ID NO -SD-I
Fee ID NO -SD-AH
2,255.00
Fee IDNO- TREEPLT
Fee ID NO- TREEINS
564,960.00
Fee ID N1- TRAF -LD
Fee ID N2- TRAF -HD
Fee ID N3- TRAF -CL
Fee ID N3- TRAF -CH
Fee ID N4- TRAF -IG
Fee ID N4- TRAF -IW
COST SCHEDULE FeesaLeaLtevisedidueRa 1p1@@vWd2AENT PROJECTS \Trait File \Tr 10230- Silveira\Fees -Cost Schedule- InvoiceslTemplate Dev Fees 7- 1- 2014Silveira
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Packet Pg. 101 Attachment: Property Improvement Agreement - Gilroy 55 Lots, LLC - PIA No. 2014-07-RECORDED (1586 : Acceptance of Silveira Tract 10230
9/22/2014 8:59 AM
Sewer Impact Fee 435 -2600 -0000 -3660 611,215.00
a.Residential-Low 11,113.00 / unit Y 611,215.00 Fee ID N1 -SS-LD
b.Residential -High 6,013.00 / unit Y 0.00 Fee ID N2 -SS-HD
c.CommerciaVlndustrial 3,517.00 / cgpd Y 0.00 Fee ID NS- SS -C /I
Water Impact Fee 436 - 2600 -0000 -3660 236,170.00
a.Residential -Low 4,294.00 / unit Y 236,170.00 Fee ID N1- WATR -LD
b.Residential -High 1,737.00 / unit Y 0.00 Fee ID N2- WATR -HD
c.CommerciaVindustrial 6,731.00 / kg pd Y 0.00 Fee ID N5- WTR -C /I
Public Facilities Impact Fee 440. 2600 - 0000 -3660 963,710.00
a.Residential -Low 17,522.00 / unit Y 963,710.00 Fee ID N1 -PF -LD
b.Residential -High 14,742.00 / unit Y 0.00 Fee ID N2 -PF -HD
c.Commercial 2,640.00 / k.s.f. Y 0.00 Fee ID N3 -PF -C
d.lndustrial 1,168.00 / k.s.f. Y 0.00 Fee ID N4 -PF -I
Water User Fee (Construction) 720 - 0433 -0000 -3620 Y 16,500.00
3.00 / f.f. 16,500.00 Fee ID NO- CONWTFF
plus
182.73 / a.c. 0.00 Fee ID NO- CONWTAC
FRONT FOOT CHARGES Used to charge and reimburse fees for existing infrastructure)
The Half Pipe schedule is used to determine the front footage reimbursement to former developers for infrastructure previously installed along the
front footage of the development.
The Full Pipe schedule is used to determine the oversizing reimbursement to the developer for installing water, sewer, and storm main extensions to
sizes required by each master plan that are greater than the sizes required by the development. The oversized portion is the difference between the
master planned size for the main and the greater of the main size required by the development or the developer's minimum responsibility for each
main.
Water 801- 2601 -PWDO -3899 0.00
Water Mains - including fire hydrants, valves, valve boxes and other pertinences.
Developer responsibility is up to and including 12" mains
Half Pipe Lineal Footage
6 inch Main 39.00 / LF x N 0.0 = 0.00 Fee ID N- WR06 -1/2
8 inch Main 41.00 / LF x N 0.0 = 0.00 Fee ID N- WR08 -1/2
10 inch Main 47.00 / LF x N 0.0 = 0.00 Fee ID N- WR10 -1/2
12 inch Main 52.00 / LF x N 0.0 = 0.00 Fee ID N- WR12 -1/2
14 inch Main 57.00 / LF x N 0.0 = 0.00 Fee ID N- WR14 -1/2
16 inch Main 62.00 / LF x N 0.0 = 0.00 Fee ID N- WR16 -1/2
18 inch Main 68.00 / LF x N 0.0 = 0.00 Fee ID N- WR18 -1/2
20 inch Main 76.00 / LF x N 0.0 = 0.00 Fee ID N- WR18 -1/2
24 inch Main 82.00 / LF x N 0.0 = 0.00 Fee ID N- WR24 -1/2
30 inch Main 91.00 / LF x N 0.0 = 0.00 Fee ID N- WR30 -1/2
36 inch Main 106.00 ! LF x N 0.0 = 0.00 Fee ID N- WR36 -1/2
COST SCHEDULE Feer.L10s1ufdevisedldHHHBIVMV@L 2AENT PROJECTS \Tra$t File \Tr 10230- Silveira \Fees -Cost Schedule- Invoices \Template Dev Fees 7- 1- 2014 - Silveira
6.G.c
Packet Pg. 102 Attachment: Property Improvement Agreement - Gilroy 55 Lots, LLC - PIA No. 2014-07-RECORDED (1586 : Acceptance of Silveira Tract 10230
1 +
Front Foot Charges Continued Used to charge and reimburse fees for existing, infrastructure)
Sewer 801- 2601 -PWDO -3899
Sewer Mains - including manhole and other pertinences.
Developer responsibility is up to and including 12' mains.
Half Pipe Lineal Footage
6 inch Main 73.00 LFx N_' .- _::;;;O:Oj = 0.00 Fee ID N- SS06 -1/2
8 inch Main 75.00 LFx 0 0) _ 0.00 Fee ID N- SS08 -1/2
10 inch Main 81.00 LFx:__(] 0.00 Fee IDN- SS10 -1/2
12 inch Main 83.00 LF x N, ' _ -: :7 __ ,;0.0 = 0.00 Fee ID N- SS12 -1/2
15 inch Main 87.00 LFx tJ '0 :0 = 0.00 Fee ID N- SS15 -1/2
18 inch Main 93.00 LFx N ' -r '-
j0 :0 = 0.00 Fee ID N- SS18 -1/2
21 inch Main 102.00 LF x N-_';_ _ OcO = 0.00 Fee ID N- SS21 -1/2
24 inch Main 106.00 LFx.:_. A:0 = 0.00 Fee ID N- SS24 -1/2
27 inch .Main 122.00 LFxIN 0:01 = 0.00 Fee ID N- SS27 -1/2
30 inch Main 144.00 LFx .IJ gym'; %U:QI = 0.00 Fee ID N -SS30 -112
33 inch. Main 158.00 LF x T 070 = 0.00 Fee ID N- SS33 -1/2
36 inch Main 178.00 LFx T : QO = 0.00 Fee ID N -SS36 1l2
39 inch Main 212.00 LFx 0:0 = 0.00 Fee ID N -SS39 -112
42 inch Main 265.00 LF x N n 00 = 0.00 Fee ID N- SS42 -1/2
Street Improvements 801- 2601 -PWDO -3899
Pavement. Sidewalks & Medians Souare Footage
ACBike path: base 2.55 SF x.:_a 0.0 = 0.00 Fee ID N- STR-ACB
AC/Bike path: pvmt 2.50 SF x" 0.0 = 0.00 Fee ID N- STR -ACP
Sidewalk: new 9.75 SF x r,N 0Oy = 0.00 Fee ID N- STR -S/W
Sidewalk: replace 13.25 SF x I = 0.00 Fee ID N- STR -S/WR
Resurfacing 2.55 SF x
171_
0:0 = 0.00 Fee ID N- STR -RESU
Landscaped Median 20.35 SF x N ^ - ,T!O:D = 0.00 Fee ID N- STR -LANM
Hardscaped Median 11.63 SF x L N ; :]T- °:';0':0 = 0.00 Fee ID N- STR -HARD
Traffic Signals (equipment only) of Lump Sum
Traffic Signal -3 leg 130,200.00 LS x
T `
0' /0 _ 0.00 Fee ID N- STR -TS3L
Traffic Signal-4 leg 158,500.00 LS x''- 0% _ 0.00 Fee 1D N- STR -TS4L
Curb and Gutter Lineal Footage
Curb /Gutter. new 25.85 LFx 7700 = 0.00 Fee ID N- STR -C /G
Curb /Gutter: replace 33.40 LFx f.-N ^x.0:0, _ 0.00 fee ID'N= STR -C /GR
Curb Ramps 1,057.63 LF xN 0;0 = 0.00 Fee ID N- STR -CR
9/2212014 8:59 AM
0.00
0.00
COST SCHEDULE Fee,%lleskftvl6edi4asEtBt$\@yWJaAENT PROJECTS \Tra5t File \Tr 10230- Silveira \Fees -Cost Schedule- Invoices \Template Dev Fees 7- 1- 2014Silveira
6.G.c
Packet Pg. 103 Attachment: Property Improvement Agreement - Gilroy 55 Lots, LLC - PIA No. 2014-07-RECORDED (1586 : Acceptance of Silveira Tract 10230
Front Foot Charges Continued (Used to charge and reimburse fees for existing infrastructure)
Storrs Drain 801- 2601 -PWDO -3899
Storm Mains - including, manholes, catch basins and other pertinences.
Developer responsibility is up to and including 24" mains.
Hag Pipe
18 inch Main $63.00 / LF x
21 inch Main $69.00 / LF x
24 inch Main
27 inch Main
30 inch Main
33 inch Main
36 inch Main
42 inch Main
48 inch Main
54 inch Main
60 inch Main
66 inch Main
72 inch Main
78 inch Main
84 inch Main
90 inch Main
96 inch Main
70.00 / LF x
82.00 / LF x
89.00 / LF x
91.00 / LF x
95.00 / LF x
99.00 / LF x
117.00 / LF x
137.00 / LF x
158.00 / LF x
179.00 / LF x
200.00 / LF x
216.00 / LF x
231.00 / LF x
246.00 / LF x
261.00 / LF x
Lineal Footage
0.00
N ` . --; -- ,:0.01 _ 0.00
r ;;NT " c- :.0;0 = 0.00
0.00.
N 0.00
0.00
0.00
N' O OI = 0.00
T171-710- 0 = 0.00
0.00
N 070 = 0.00
0.00
00 = 0.00
N. "._._°_ ,,•O.Oj = 0.00
0:0 = 0.00
0.00
0.00_
Fee ID N- SD18 -1/2
Fee ID N- SD21 -1/2
Fee iD N- SD24 -1/2
Fee ID N- SD27 -1/2
Fee ID N- SD30 -1/2
Fee ID N= SD33 -1/2
Fee ID N- SD36 -1/2
Fee ID N- SD42 -1/2
Fee ID N- SD48 -1/2
Fee ID N- SD54 -1/2
Fee ID N- SD60 -1/2
Fee ID N- SD66 -1/2
Fee ID N- SD72 -1/2
Fee ID N- SD78 -1/2
Fee ID N- SD84 -1/2
Fee ID N- SD90 -1/2
Fee ID N- SD96 -1/2
NOTE: All deferred and/or estimated fees will be adjusted to the rates in effect at the time fees are paid.
The undersigned agrees to provide actual construction costs for recalculation of fees and pay any underestimated
fees prior to final acceptance. If the recalculated fees are less than the estimate, the City of Gilroy will refund the difference.
Additional plan review required by changes, additions or revisions to approved plans, reinspections and inspections outside
Of normal business hours will be billed as shown in the City of Gilroys most curc comprehensive fee schedule at the hourly rates
in effect at the time of inspection.
Accepted by:
Print Name: C • y /(
Date:
9/22/2014 8:59 AM
0.00
COST SCHEDULE Fees„I109MBevl6SdidsEEta;OMV LJgWENT PROJECTS\Trfat File \Tr 10230- Silveira \Fees -Cost Schedule - Invoices \Template Dev Fees 7- 1- 2014 - Silveira
6.G.c
Packet Pg. 104 Attachment: Property Improvement Agreement - Gilroy 55 Lots, LLC - PIA No. 2014-07-RECORDED (1586 : Acceptance of Silveira Tract 10230
OVERSIZING SCHEDULE (Used to reimburse oversized infrastructure)
Total Oversized Water, Sewer and Storm Drain Main Reimbursement
Total Oversized Water Main Reimbursement Developer is responsibie for up to and including 12" mains)
Oversized Minimum 12' main Oversized
Full Pipe $/foot Full Pipe $ /foot Oversized Footage Reimbursement
14 inch Main 114.00 104.00 x 0.0 = 0.00 N
16 inch Main 124.00 104.00 x 0.0 = 0.00 N
18 inch Main 135.00 104.00 x 0.0 = 0.00 N
20 inch Main 151.00 104.00 x 0.0 = 0.00 N
24 inch Main 164.00 104.00 x 0.0 = 0.00 N
30 inch Main 182.00 104.00 x 0.0 = 0.00 N
36 inch Main 211.00 104.00 x 0.0 = 0.00 N
Total Oversized Sewer Main Reimbursement Developer is responsible for up to and including 12" mains)
Oversized Minimum 12" main Oversized
Full Pipe $/foot Full Pipe $!foot Oversized Footage Reimbursement
15 inch Main 174.00 166.00 x 0.0 = 0.00 N
18 inch Main 186.00 166.00 x 0.0 = 0.00 N
21 inch Main 204.00 166.00 x 0.0 = 0.00 N
24 inch Main 211.00 166.00 x 0.0 = 0.00 N
27 inch Main 244.00 166.00 x 0.0 = 0.00 N
30 inch Main 287.00 166.00 x 0.0 = 0.00 N
33 inch Main 315.00 166.00 x 0.0 = 0.00 N
36 inch Main 356.00 166.00 x 0.0 = 0.00 N
39 inch Main 423.00 166.00 x 0.0 = 0.00 N
42 inch Main 529.00 166.00 x 0.0 = 0.00 N
Total Oversized Storm Drain Main Reimbmnt Developer is responsible for up to and including 24" mains)
Oversized Minimum 24" main Oversized
Full Pipe $/foot Full Pipe $/foot Oversized Footage Reimbursement
27 inch Main 164.00 140.00 x 0.0 = 0.00 N
30 inch Main 177.00 140.00 x 0.0 = 0.00 N
33 inch Main 182.00 140.00 x 0.0 = 0.00 N
36 inch Main 189.00 140.00 x 0.0 = 0.00 N
42 inch Main 197.00 140.00 x 0.0 = 0.00 N
48 inch Main 233.00 140.00 x 0.0 = 0.00 N
54 inch Main 273.00 140.00 x 0.0 = 0.00 N
60 inch Main 315.00 140.00 x 0.0 = 0.00 N
9/22/2014 8:59 AM
0.00
0.00
0.00
COST SCHEDULE FeesGL\eetAeviseditilaeEt&M vMJO1ENT PROJECTS\TraZt File \Tr 10230- Silveira\Fees -Cost Schedule- Invoices \Template Dev Fees 7- 1- 2014 - Silveira
6.G.c
Packet Pg. 105 Attachment: Property Improvement Agreement - Gilroy 55 Lots, LLC - PIA No. 2014-07-RECORDED (1586 : Acceptance of Silveira Tract 10230
9/22/2014 8:59 AM
Oversizing Schedule Continued Used to reimburse oversized infrastructure)
Oversized Storm Drain Main Reimbmnt Continued
Oversized Minimum 24" main Oversized
Full Pipe $/foot Full Pipe $/foot Oversized Footage Reimbursement
66 inch Main 357.00 140.00 x 0.0 = 0.00 N
72 inch Main 399.00 140.00 x 0.0 = 0.00 N
78 inch Main 431.00 140.00 x 0.0 = 0.00 N
84 inch Main 461.00 140.00 x 0.0 = 0.00 N
90 inch Main 492.00 140.00 x 0.0 = 0.00 N
96 inch Main 522.00 140.00 x 0.0 = 0.00 N
COST SCHEDULE Fees;hest&ev16edA;%e98t MYWJ&ENT PROJECTS \Trait File \Tr 10230- Silveira\Fees -Cost Schedule - Invoices \Template Dev Fees 7- 1- 2014Silveira
6.G.c
Packet Pg. 106 Attachment: Property Improvement Agreement - Gilroy 55 Lots, LLC - PIA No. 2014-07-RECORDED (1586 : Acceptance of Silveira Tract 10230
City of Gilroy
STAFF REPORT
Agenda Item Title: Notice of Acceptance of Completion of San Ysidro Park Pathway
Phase II, Project No. 17-PW -240
Meeting Date: March 19, 2018
From: Gabriel Gonzalez, City Administrator
Department: Public Works Department
Submitted By: Girum Awoke
Prepared By: Christine Salmo
Strategic Plan Goals
☐ Financially Sustainable
and High Performing
☐ Livable Community ☐ Grow the Economy
☐ Upgrade Infrastructure ☐ Vibrant Downtown
RECOMMENDATION
Approval of notice of acceptance of completion for the San Ysidro Park Pathway Phase
II, Project No. 17-PW -240.
6.H
Packet Pg. 107
BACKGROUND
In the spring of 2017 the City of Gilroy undertook a project to improve and enhance
park facilities and amenities at San Ysidro Park. This project was the second phase of
a park improvement project intended to improve accessibility and utilization of the park
by all users. A previous phase was completed which involved the construction of an
extension of an existing concrete path along the northerly edge of San Ysidro Park,
and the addition of four new LED pathway lights.
This project included constructing approximately 537 square yards of a concrete trail
along the south edges of San Ysidro Park and under the newly installed gazebo,
adding two new benches and trash receptacles, purchasing and installing a new water
fountain, adjusting the height and location of a storm drain inlet, fixing collapsible
bollards, connecting to existing lights, and providing additional electrical conduits
along the trail for future usage. The project also included sidewalk repair and providing
additional ADA curb ramps at the south edge of the park.
Project cost information is presented below:
Engineers Estimate $138,050.60
Construction Contract
amount
$144,590
Change Orders $19,120
Total Project cost $163,710
The change order was necessary to remove and replace asphalt concrete that
conformed with the newly installed concrete trail slab and also included site clearing,
grading, drainage pipes and base rock installation to accommodate the asphalt
concrete work. This work was not anticipated and therefore was not included in the
original bid plans.
The project was entirely funded by Community Development Block Grant (CDBG)
funds. Guerra Construction Group was the contractor and the Construction Manager
was Nova Partners, Inc. The project has been deemed fully complete and the
attached Notice of Completion document is ready for Acceptance and Recording with
Santa Clara County.
Attachments:
1. NOC San Ysidro Phase II
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SEPARATE PAGE PURSUANT TO GOVT. CODE 27361.6 RECORDING REQUESTED BY: City of Gilroy WHEN RECORDED MAIL TO: Shawna Freels City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 NOTICE OF ACCEPTANCE OF COMPLETION NOTICE IS HEREBY GIVEN that work agreed to be performed under the property agreement between the City of Gilroy, a municipal corporation, whose address is 7351 Rosanna Street, Gilroy, CA 95020, and the Contractor mentioned below who developed said project, was accepted as completed by the City of Gilroy on the 19th Day of March, 2018
Project No.: 17-PW-240
Contractor Name: Guerra Construction Group
Contractor Address: 984 Memorex Drive ,Santa Clara, CA 95050
Surety on Contract: The Gray Insurance Company
Location of Project: San Ysidro Park 7700 Murray Ave Gilroy, CA 95020
Description of Work: ___Construct concrete trail along the south edges of San Ysidro’s Park.
Improving drainage, installing water fountain, signage and striping.
Interest of City: Owner in Fee: Vendee under Agreement to Purchase; Lessee; Owner of Easements; Holder of License; x Owner of Streets; x Owner of Utilities, Water, Sewer, Storm Systems Owner's Name: City of Gilroy Work Done: June 30, 2017 This notice is given in accordance with the provisions of Section 3093 of the Civil Code of the State of California. The undersigned declares: That he is an officer of the City of Gilroy, that he has read the foregoing Notice of Acceptance of Completion and knows the contents thereof; and that the same is true of his own knowledge, except as to those matters that he believes it to be true. I certify under penalty of perjury that the foregoing is true and correct. Executed at the City of Gilroy, County of Santa Clara, State of California on March 19th, 2018 CITY OF GILROY STATE OF CALIFORNIA COUNTY OF SANTA CLARA BY Gary Heap, P.E. TITLE City Engineer This document is for the benefit of the City of Gilroy. Request for Recordation without fee is made in accordance with Section 27383 of the Government Code of the State of California.
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Packet Pg. 109 Attachment: NOC San Ysidro Phase II [Revision 1] (1597 : Notice of Acceptance of Completion for San Ysidro Pathway Phase II, Project No. 17-
SEPARATE PAGE PURSUANT TO GOVERNMENT CODE SECTION 27361.6
RECORDING REQUESTED BY: )
)
City of Gilroy )
)
)
)
WHEN RECORDED, MAIL TO: )
Shawna Freels, City Clerk )
City of Gilroy )
7351 Rosanna Street )
Gilroy, CA 95020 )
RECORDED WITHOUT FEE PER CALIFORNIA GOVERNMENT CODE SECTION 27383
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
NOTICE OF ACCEPTANCE OF COMPLETION
San Ysidro Pathway Phase II
Project No. 17-PW-240
Guerra Construction Group
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City of Gilroy
STAFF REPORT
Agenda Item Title: Claim of Joe Rodriguez (The City Administrator recommends a
“yes” vote under the Consent Calendar shall constitute the denial of
the claim)
Meeting Date: March 19, 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 Joe Rodriguez.
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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 March
19, 2018 meeting:
Claim of Joe Rodriguez
Attachments:
1. Claim of Joe Rodriguez
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City of Gilroy
STAFF REPORT
Agenda Item Title: Contract Bid Awards to CSG, WC3, 4 Leaf Inc., Bureau Veritas,
and TRB Associates for On-Call Standard and Expedited Building,
Fire Plan Check and Inspection Services
Meeting Date: March 19, 2018
From: Gabriel Gonzalez, City Administrator
Department: Community Development Department
Submitted By: Kristi Abrams
Prepared By: Kristi Abrams
Rob Allen
Strategic Plan Goals
Financially Sustainable
and High Performing ☐ Livable Community ☐ Grow the Economy
☐ Upgrade Infrastructure ☐ Vibrant Downtown
RECOMMENDATION
Award contracts to CSG, WC3, 4 Leaf Inc., Bureau Veritas, and TRB Associates as pre -
approved consultants on an as needed basis for building and fire prevention plan review
and inspection services for a 3-year period, with up to two one-year extensions, and
authorize the City Administrator to execute the agreements.
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EXECUTIVE SUMMARY
Approve the designation of 4 Leaf Inc., Bureau Veritas, CSG, WC3, and TRB
Associates as pre-approved on call consultants to provide building/fire plan check and
inspection services. This will allow building plan check to continue to be outsourced to
provide a faster review time as compared to in house staff without any additional cost to
the applicant or the City. Building and fire inspection services are recommended to
continue on an as needed basis.
The contract period is recommended at an initial three years with two additional one
year extensions authorized by the City Administrator. The contract amount for Fiscal
Year (FY) 17/18 is recommended at $105,000, the remainder of the approved budgeted
amount of $396,260. Funding for these services is appropriated in the General Fund
FY 17/18 and FY 18/19 budgets. The remaining third year of the contract and
subsequent two one year extension appropriations will be recommended by staff in the
future budgets proposed to Council. Fees will be collected through plan review and
permit processing by the customer at the time of permit review application and building
permit issuance.
BACKGROUND
The Building Inspection and Fire/Hazmat Divisions have historically relied on
consultants to supplement plan review and inspection services to augment City staffing
levels and assist with peak demands related to construction activity. Unlike planning’s
experience with outside consultants, this augmentation in the Building Division has been
successful in meeting service demand in a timely and efficient manner. With the
departure of the Senior Plan Check Engineer the City explored using outside
consultants to provide plan check services. It was found the plan check turn-around
time for medium and larger, more complex projects were vastly shorter with outside
firms. Thus the City embarked on a procedure shift such that all large and most
medium plan reviews were completed by outside consultants. Over the counter,
residential solar and a few other simple small or medium types of projects are still
completed in house.
Outside firms have the ability to concentrate solely on plan review and also the ability to
break the review to several reviewers including those with specialty qualifications. For
example, a new hillside home will be reviewed by a consultant firm for the first round of
comments in 4 weeks. Whereas, that same project if checked in house would take 6 to
8 weeks for review for the first round of comments. Another example is a large complex
industrial warehouse/distribution project. To perform a plan check review of this project
in house would take five months for the first round of comments. Additionally, some
complex and most specialty items are still required to be sent to outside consultants. By
using outside plan review consultants that five month time line is reduced to 10 weeks.
Small projects, such as water heaters, residential re-roof, furnace/air conditioner
replacement, residential photovoltaic systems, single family home remodels and single
family yard patios will remain in house.
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Currently, the City has agreements with CSG and 4 Leaf to provide plan check and
inspection services. Those agreements have provided needed resources to provide
timely plan check reviews and inspection services and maintain the level of services
expected by the community. The current agreements will expire the end March.
The cost for these services is collected through permit application fees for processing,
plan review, and inspections at the time that the permit is issued. A portion of the plan
check application fee is provided to the consultant, for example 60% of the pla n check
fee is provided to the consultant while the remainder remains with the City to cover the
cost of application processing and permitting. Not only does this procedure provide
quicker plan check review turn around, it also allows large complicated pro jects to be
sent to the various needed experts for review, such as electrical to an electrical expert,
large cooling/freezing building to an expert in such systems, etc.
ANALYSIS
On December 20, 2017, the Community Development Department issued a Request f or
Proposals (RFP) for plan check and inspection services with an expectation to award
the contract in the first quarter of 2018. The RFP was posted on the City website, in the
Gilroy Dispatch and in the San Jose Mercury News. Eight proposals were received by
the January 26th, 2018 deadline from the following consultants:
4 Leaf Inc.
Bureaus Veritas
CSG Consultants
Interwest Consulting Group
Independent Code Consultants
SafeBuilt LLC
TRB Associates
WC3
The submittals were evaluated by the review committee based on the criteria listed in
the RFP. The review committee consisted of the Building Official, Deputy Fire Marshal,
Building Inspector II and Hazardous Inspector I. The criteria contained qualifications,
experience, references, scope of services matching the City’s needs, and proposed fee
structure. As all of the firms met the criteria, all were invited to oral interviews. All of
these firms provided well-presented oral proposals with thoughtful responses to the
RFP. The following consultants were selected as the best qualified consultants in
providing additional plan review and/or supplemental inspection services:
CSG
WC3
4 Leaf Inc.
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Bureau Veritas
TRB Associates
Although all the firms are capable to do the work, during the oral interviews the above
firms rose to the top due to their length and quality of experience, depth of resources
available, positive responses of reference checks and billing structure (suitable cost
schedule).
Also, contracting with five firms allows both flexibility and efficiency for the Building and
Fire Prevention Divisions when these additional services are necessary. Staff expects
that the selected consulting firms will continue to provide the needed coverage and
expertise to assist with both building and fire code plan review and inspection services.
As some of these firms are already working within the City’s permit review process, the
current level of responsiveness is expected to continue, ensuring timely plan check
reviews and inspection services. The Building section has a weekly workload spread
sheet automatically generated for the Building Official’s review that provides information
to allow him to review timeliness of the plan review period.
ALTERNATIVES
The Council could choose not to approve the designation of 4 Leaf Inc., Bureau Veritas,
CSG, WC3, and TRB Associates as pre-approved on-call consultants to provide
building/fire plan check and inspection services. This action would result in much longer
plan review times and reduced customer service. This action is not recommended.
The Council can approve the designation of 4 Leaf Inc., Bureau Veritas, CSG, WC3,
and TRB Associates as pre-approved on-call consultants to provide building/fire plan
check and inspection services. Outside firms have the ability to concentra te solely on
plan review and also the ability to break the review to several reviewers including those
with specialty qualifications thus providing shortened plan review time and enhanced
customer service. This action is recommended
FISCAL IMPACT/FUNDING SOURCE
Funding for these services is appropriated in the General Fund FY 17/18 and FY 18/19
budgets in the total of $396,260 per fiscal year. The remaining third year of the contract
and subsequent two one year extension appropriations will be recommended in future
budgets proposed to Council. Fees will be collected through plan review and permit
processing by the customer at the time of permit review application and building permit
issuance. It should be noted, that this work is on -call, thus if revenues are not generated
through fees, there will not be contract expenditures.
Attachments:
1. RFP for On-Call Standard and Expedited Building and Fire Plan Check and On -Call
Building Fire Inspection Services_Final 12-20-17
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Proposal
City of Gilroy
Community Development Department
ATTN: PATRICIA PRETELL, PURCHASING COORDINATOR
CITY OF GILROY
7351 ROSANNA STREET
GILROY, CA 95020-6197
Qualifications Due by: 4:00 pm, Friday, January 26, 2018
Request for Proposal
On-Call Standard and Expedited
Building and Fire Plan Check and On-
Call Building and Fire Inspection
Services
No. 18-RFP-CDD-406
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Request for Proposal
No. 18-RFP-CDD-406
Notice is hereby given that the Purchasing Coordinator of the City of Gilroy at 7351 Rosanna
Street, Gilroy, CA 95020-6197 will receive SEALED PROPOSAL SUBMITTALS. The City
of Gilroy is soliciting Proposals for On-Call Standard and Expedited Building and Fire Plan
Check and On-Call Building and Fire Inspection Services as described in the attached Request
for Proposal. Submittals will be accepted up until 4:00 PM, PST, Fri day , January 26,
2018. Qualifications received after that time and date will not be considered. The City of
Gilroy accepts no responsibility if delivery is made to another location other than location
specified above and/or delayed deliveries by your chosen carrier. An evaluation team will
review submitted qualifications and select up to three of the best qualified firms based on the
evaluation criteria and selection process outlined in the RFP. The selected consultants will
remain on the pre-qualified on-call list for three years, with up to two, one-year extensions
possible.
A free electronic copy of the RFP can be obtained by going to the City of Gilroy website
(www.cityofgilroy.org) located under the Community Development Department
Respectfully Requested,
Patricia Pretell
Purchasing Coordinator
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RFP No. 18-RFP-CDD-406
On-Call Standard and Expedited Building and Fire Plan Check and On-Call Building and Fire
Inspection Services
Table of Contents
Request for Proposals ...................................................................................................................... i
RFP/CONSULTANT OVERVIEW ............................................................................................... 1
Introduction ................................................................................................................................. 1
Intent and Selection Process ........................................................................................................ 1
Contract Period ............................................................................................................................ 1
Schedule ...................................................................................................................................... 1
RFP Questions ............................................................................................................................. 2
QUALIFICATION(S) SUBMITTAL REQUIREMENTS CHECKLIST ...................................... 3
SUBMISSION INSTRUCTIONS AND EVALUATION CRITERIA .......................................... 5
Submission Instructions ............................................................................................................. 5
Submittal Deadline ...................................................................................................................... 5
Evaluation Criteria ..................................................................................................................... 5
SCOPE OF SERVICES .................................................................................................................. 7
On-Call Standard and Expedited Building & Fire Plan Review ................................................ 7
On-Call Building and Fire Inspection Services .......................................................................... 7
TERMS AND CONDITIONS ........................................................................................................ 8
City Consultant Agreement for Services ..................................................................................... 8
City-Consultant Relationship ...................................................................................................... 8
Conflicts ...................................................................................................................................... 8
Other Terms and Conditions ...................................................................................................... 8
ATTACHMENT A - CONTRACT REQUIREMENTS ACKNOWLEDGEMENT ............... A-1
ATTACHMENT B - SAMPLE AGREEMENT FOR SERVICES CONTRACT ................. B-1
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RFP/CONSULTANT OVERVIEW
Introduction
The City of Gilroy is located 28 miles south of San Jose, California. It is a developing community
in transition with a population of just over 55,900. The small family farms of the past have given
way to sophisticated seed culture, high tech food processing, recreational shopping, and modern
wine production. Gilroy is situated in the Santa Clara Valley, just 15 miles from the Pacific Ocean,
and strategically located at the junction of two key highways: US 101 and US 152.
The City of Gilroy invites you to submit qualifications information about your firm’s capability to
provide On-Call Standard and Expedited Building and Fire Plan Check and On-Call Building and
Fire Inspections for the City. Your submission should clearly demonstrate how your firm’s
resources and expertise can meet the needs of the city for which you are submitting your
qualifications. This Request for Proposal (RFP) outlines the general scope of the city's On-Call
Standard and Expedited Building and Fire Plan Check and On-Call Building and Fire Inspection
consultant needs.
There is more than one category for which the city needs consultant services. Firms can submit
qualifications for one or more of the categories. The city reserves the right to select a firm for one
category, even if qualifications are submitted for multiple categories.
Intent and Selection Process
The intent of this RFP is to evaluate each interested firm’s qualifications submission based on the
evaluation criteria outlined in this RFP, interview the highest scoring firms (up to five for each
category), select the firms from those interviewed that best meet the needs of the city based on the
City’s sole discretion (up to five for each category), and negotiate a final scope of services for the
Consultant Agreement for Services. All contracts are subject to approval by the Gilroy City
Council, and the city reserves the right to not award any such contract at the discretion of the
Council.
Contract Period
The contract period, once awarded by the City Council, will be for three (3) years. The city,
through the approval of the City Administrator, may request and/or grant up to two, one-year
extension of terms should the project or projects require it, through an amendment to the Agreement
for Services.
Schedule
The draft schedule for this RFP is given below. Please keep in mind that the interview and Council
meeting dates are subject to change.
Selection Process Actions Target Date
RFQ distributed to prospective Consultants December 20, 2017
Qualifications submissions due to City of Gilroy
(Final)
4:00 p.m., PST January 26,
2018
Interviews (Tentative) January 31 and February 2,
2018
City Council Meeting February 26, 2018
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RFP Questions: Direct questions regarding this RFP, via email, no later than eight (8)
business days prior to the due date for the RFP to the following:
ATTN: Rob Allen, Chief Building Official/Interim Fire Marshal
(408) 846-0258 (phone)
(408) 846-0429 (fax) rob.allen@ cityofgilroy.org
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QUALIFICATION(S) SUBMITTAL REQUIREMENTS CHECKLIST
RFP No. 18-RFP-CDD-406
The following documents/information must be filled out and/or included in the submittal in order to
be considered for the On-Call Consultant List:
Separate qualifications submittal for each category (1. On-Call Standard and Expedited
Building and Fire Plan Check; 2. On-Call Building and Fire Inspection Services) If you wish to
be considered for either or both categories – qualification(s) should be in separate sealed
envelope within the whole submittal package and labeled as “Qualifications for _________ [fill
in category title]”, one for each category
A signed statement (Attachment A) indicating that the consultant has read, understands, and
agrees to the requirements and terms of the sample contract (Attachment B), including insurance
& indemnification requirements
COVER LETTER - Summarize the firm’s qualifications to provide consulting services for the
City of Gilroy. Provide name of contact person, phone number, and email address (maximum
one page).
RELEVANT QUALIFICATIONS – Offer short, focused paragraphs in a summary format by
topic (maximum three pages).
RELEVANT EXPERIENCE –Based on Scope of Work- Perform on-call (onsite and offsite)
and expedited plan review of submitted residential, commercial, and industrial (structural and
non-structural) building plan and fire suppression, detection, alarm system plans. Perform
combination building and life safety inspections for residential, commercial, and industrial in
accordance with the approved documents, adopted codes, and standards as amended by the City
Council approved November 21st, 2016. List projects completed by the firm relevant to the City
of Gilroy and scope of services requested, and provide the following information for each
project: a) outline the specific scope of services provided and describe how your firm met or
exceeded expectations; b) identify the role of the firm (e.g., work was performed exclusively by
the firm or a joint venture); c) highlight any key team members directly involved in the project
who would be part of the City of Gilroy on-call team; d) specify if the project was completed
within budget and on schedule (if not completed within budget and schedule provide a very
brief statement explaining why); and e) provide the client’s contact information including name,
title, and phone number as a reference (maximum six pages).
TECHNICAL ANALYSES (for both On-Call Plan Review and Inspection Services
qualification submissions only) – Identify if your firm has in-house staff based on plan review
results and experienced and qualified field inspectors capable of performing Residential,
Commercial, and Industrial inspections to perform the proposed scope of work identified in the
relevant experience section above.
KEY TEAM MEMBER SUMMARY – Identify key team members of the firm who would be
directly involved with the Gilroy on-call services. For each team member, summarize the
typical role and responsibilities of the individual, and list experience relative to the typical
role(s).
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FIRM’S BILLING STRUCTURE – Provide an outline of the hourly rate schedule for the key
team members, and include associated administrative/technical support fee structure (e.g.,
administrative fees, mileage, travel time, reproduction costs).
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SUBMISSION INSTRUCTIONS AND EVALUATION CRITERIA
Submission Instructions
Four copies of each submission are required as follows: two (2) bound copies, one (1) unbound
reproducible copy, and one (1) electronic copy in PDF format saved on a USB flash drive. Double-
sided printing is strongly encouraged.
All submissions must be sealed in a package showing the following information on the outside and
addressed to:
Attn: Patricia Pretell- Purchasing Coordinator
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
Request for Proposal No. 18-RFQ-CDD-406
RFP Title: On-Call Standard and Expedited Building and Fire Plan Check and
On-Call Building and Fire Inspection Services. Consultant’s name and address
The submission package must be mailed or delivered to the above address prior to the submittal
deadline.
Submittal Deadline
All submissions must be received by the Purchasing Division, City of Gilroy, 7351 Rosanna Street,
Gilroy, CA, 95020 by 4:00 P.M. on Friday, January 26, 2018.
All respondents who mail or ship their submissions must allow sufficient delivery time to ensure
receipt of their submissions by the time specified. Late submissions will not be accepted for
consideration.
Evaluation Criteria
The qualifications package submitted in response to this RFP, together with the consultants’
interview, will be used as the basis for establishing the on-call list of pre-qualified consulting firms.
Ideally, up to five qualified firms (On-Call Standard and Expedited Building and Fire Plan Check
and On-Call Building and Fire Inspection Services) will be selected for the On-Call Consultant
List.
It is anticipated that no more than five firms for each category will be invited for an interview.
Firms will be ranked according to the evaluation criteria listed below. The highest scoring firms (up
to five) will be invited for an interview. The City may elect to interview fewer than five firms based
on the number and quality of submissions.
The City’s On-Call Consultant list will be established from the qualifications package and
interviewed firms that best meet the needs of the City. The City may choose to select all or only
some of the interviewed firms for the On-Call List at the City’s sole discretion.
Qualification submissions will be evaluated and ranked to determine which firms will be invited for
an interview based on the following criteria and scoring system:
1. Statement of Qualifications Submittal (up to 25 pts.)
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Points will be awarded based on the firm’s ability to perform the work; demonstrated
knowledge of the applicable policies, rules and regulations pertaining to the category for which
the firm is submitting qualifications including the City’s adopted Building and Fire Code
Standards and policies, City standards and guidelines; and the responsiveness to this RFP.
2. Relevant Experience (up to 20 pts.)
Demonstrated experience with similar Building and Fire projects relevant to the City of Gilroy
will be awarded up to 20 points.
3. Communication/Presentation of Material (up to15 pts.)
Demonstrated ability to communicate and work effectively and efficiently with the public,
applicant/developers, contractors, staff, policy and review bodies will be awarded up to 15
points.
4. References (up to 15 pts.)
References provided for the projects listed under Relevant Experience may be contacted
regarding your work. Additionally, the City may inquire with other jurisdictions the consultant
may be performing similar work as requested in this RFP.
5. Key Team Members (up to 15 pts.)
Up to 15 points will be awarded based on the key team members identified for the City of
Gilroy on-call team for plan review and inspection services. Please note that because your
submittals are being evaluated, in part, on the basis of the key team members as submitted, any
substitution of key team members will be subject to approval in writing by the City.
6. Ability to Meet Project Budget and Schedule (up to 10 pts.)
Demonstrated ability to keep projects on time and within budget for plan reviews and
inspection services will be awarded up to 10 points. Ability to respond to unexpected and
regularly scheduled requests for services with minimal delay will also be considered, as well as
the firm’s ability to identify cost-saving opportunities such as expedited plan review for the
client in the management and fulfillment of their permit submittals.
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Scope of Services
1. Perform on -call standard (onsite and offsite) and expedited plan review of residential,
commercial and industrial (structural and non - structural) building plans and fire
suppression, detection and alarm system plans.
2. Perform combination building and life safety inspections for residential, commercial, and
industrial in accordance with the approved documents, adopted codes and standards
amended by the City.
COMPLIANCE STANDARDS
3. Perform comprehensive plan review service including all trades; other functions include
but are not limited to: writing plan review reports, holding meetings, answering inquiries
and phone calls as needed.
4. Incorporated requirements from other City departments, divisions, regulating agencies
and jurisdictions, i. e., Planning, Engineering, Fire and Chemical Control, Health
Department, as they may apply to plan reviews and inspection services.
5. Process plan revisions and verify that corrections have been satisfactorily made in a
timely manner.
COMMUNICATION STANDARDS
6. Provide a 1 - 800- number for service calls from Building and Fire Divisions and permit
applicants.
7. Be available to confer with applicants and City staff at City Hall by telephone
conversations, e- mail and fax during all normal business hours.
8. Provide in-house plans examining services at City Hall when requested to do so.
9. Provide pick -up and delivery service to and from City Hall when necessary.
STAFF MEETING /PROFESSIONAL DEVELOPMENT
10. Meet with Building and Fire Marshal staff upon request.
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TERMS AND CONDITIONS
City Consultant Agreement for Services
After being selected by staff and approved by Council, the selected Consultants will have to enter
into a contract with the city for said services. A sample contract is included with this RFP as
Attachment B. The contract also spells out insurance and indemnification requirements which the
Consultants will have to meet. By signing and submitting the form in Attachment A, the Consultant
is acknowledging that they have read the agreement, and will be able to meet all the requirements of
the contract without asking for changes in the contract language.
City-Consultant Relationship
Selected firms for the on-call list will enter into a three-year Agreement for Services contract with
the City. As projects are identified, the City may, at its sole discretion, select a Consultant from the
on-call list and assign such work to the chosen consultant to perform the services. If the chosen
firm is unable to deliver services as requested, the City may, at its sole discretion, attempt to assign
the work with another firm on the on-call list. The City’s agreement with any firm shall not be
considered exclusive, and the City may elect to procure alternate services for any designated
project. Commencement of any services outlined in the scope of work shall begin only after the
Consultant receives written Authorization to Proceed from the City.
Conflicts
The selected firms for the on-call list will not be able to provide Building and Fire plan reviews or
inspection services for applicants that are current clients of the firm or with which the firm has
worked within the 12 months preceding the firm’s execution of a contract with the City. Other
potential conflict issues will be addressed on a case-by-case basis.
Other Terms and Conditions
1. Addendum and Supplements to the RFP. If it becomes necessary to revise any part of this RFP,
an addendum or revision will be transmitted to prospective Consultants by email and posted on
the City of Gilroy website (www.cityofgilroy.org).
2. Right to Reject. The City reserves the right to reject any or all submittals, or any part of the
submittal, to waive minor technicalities, or to solicit new submittals on the same
project/services, or on a modified project/services, which may include portions of the
originally proposed project/services as the City may deem necessary in its interest.
Submittals may be rejected for any alterations of form, additions or alternates not
called for, incomplete submittals, erasures or irregularities of any kind.
3. False or Misleading Statements. Any submittals containing, in the opinion of the City, false or
misleading statements will be rejected.
4. Incurring Costs. The City of Gilroy will not pay costs incurred in the submittal and/or
preparation, printing, or the negotiation process for the qualifications submission or future
proposals. All such costs shall be borne by the proposing Consultant.
5. News Release. News releases pertaining to this RFP or to the award of a contract shall not be
made without the prior written approval of the City.
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6. Clarification of Submittals. The City reserves the right to obtain clarification information of
any point in any Consultant’s submittal or to obtain additional related information necessary to
properly evaluate the submittal. Failure of a Consultant to respond to a request for more
information may result in the submittal being rejected.
7. Disclosure of Submittal Information. All submittals become a matter of public record once a
contract is awarded. If a prospective Consultant wishes to submit information that is
considered confidential or proprietary, they must so indicate in the submittal which portions of
the material are confidential or proprietary and why it is proprietary. The City will take
reasonable efforts to protect the confidentiality of such material but makes no guarantees that
such material may be protected. Entire qualifications submittals designated as confidential
may be rejected. Prospective Consultants must understand that the City must abide by the
California Public Records Act (Government Code 6250, et seq.).
8. Reliance on Information. Consultants may rely only upon written information and/or
instructions from the city and the city shall not be responsible for any oral information and/or
instructions given with regard to this RFP.
Any City response to a request for clarification by a Consultant will be made in the form of an
addendum to the RFP, which will be sent via email to all parties to whom the RFP has been
issued and posted on the City of Gilroy website (www.cityofgilroy.org) not later than five (5)
business days prior to the due date for receipt of the qualifications and will become a part of the
RFP. Consultants should await responses to inquiries prior to delivering their submittal. All
submitting Consultants shall provide the city with their email address.
9. Notification of Withdrawal of Qualifications Submittal. Consultant may modify or withdraw
their qualifications submittal prior to the date and time specified for qualifications submission
by an authorized representative of that organization or by formal written notice. Qualifications
submitted will become the property of the City of Gilroy after the qualifications submission
deadline.
10. Safety. Safety of city workers, the Consultant’s workers and the general public is of primary
importance to the city. The Consultant and all sub-Consultants (if any) must adhere to all
applicable federal, state, and city rules, regulations, and policies related to the safe execution of
the work to be performed. This includes the use of proper safety gear (e.g., eye protection,
hearing protection, reflective safety vests, etc.), and traffic control measures as per the Manual
of Uniform Traffic Control Devices (latest edition), or other regulations as applicable. The city
reserves the right to halt work in the event safety rules/regulations are not being followed until
corrected to the satisfaction of city.
11. Licenses. In addition to all other requirements set forth in the Contract, the successful
Consultants selected for the On-Call Consultant List must obtain and keep in force throughout
the progress of the service, a valid City of Gilroy Business License issued by the City of Gilroy
prior to or concurrently with delivery of the executed agreement to the successful Consultants.
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ATTACHMENT A - CONTRACT REQUIREMENTS ACKNOWLEDGEMENT
I, , declare as follows:
That I am the of , the party making the
attached qualifications submission; that I have read the sample Agreement for Services,
including the insurance & indemnification requirements contained therein, and hereby state that I
understand and am willing to abide by, and can meet the requirements of the contract, including
insurance and indemnification requirements, without modification thereto, should my firm be
selected for a project or projects based on my qualifications and proposal, assuming a mutually
agreeable scope, fee, and schedule has been established.
Signed this day of , 2018
By
Title:
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ATTACHMENT B - SAMPLE AGREEMENT FOR SERVICES CONTRACT
AGREEMENT FOR SERVICES
(For contracts over $5,000 - CONSULTANT)
This AGREEMENT made this day of , 20 , between:
CITY: City of Gilroy, having a principal place of business at
7351 Rosanna Street, Gilroy, California
and CONSULTANT: , having a principal place of business at .
ARTICLE 1. TERM OF AGREEMENT
This Agreement will become effective on and will continue in effect through unless
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
terminate this Agreement regardless of any other provision stated herein. ______
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 any employee or agent of CONSULTANT. Both parties
acknowledge that CONSULTANT is not an employee for state or federal tax purposes.
CONSULTANT 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 for others during the term of
this Agreement.
ARTICLE 3. SERVICES TO BE PERFORMED BY CONSULTANT
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”).
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B. Method of Performing Services
CONSULTANT 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.
C. Employment of Assistants
CONSULTANT may, at the CONSULTANT’S own expense, employ such assistants as
CONSULTANT deems necessary to perform the services required of CONSULTANT by this
Agreement, subject to the prohibition against assignment and subcontracting contained in
Article 5 below. CITY may not control, direct, or supervise CONSULTANT’S assistants in the
performance of those services. CONSULTANT assumes full and sole responsibility for the
payment of all compensation and expenses of these assistants and for all state and federal income
tax, unemployment insurance, Social Security, disability insurance and other applicable
withholding.
D. Place of Work
CONSULTANT shall perform the services required by this Agreement at any place or location
and at such times as CONSULTANT shall determine is necessary to properly and timely perform
CONSULTANT’S services.
ARTICLE 4. COMPENSATION
A. Consideration
In consideration for the services to be performed by CONSULTANT, CITY agrees to pay
CONSULTANT the amounts set forth in Exhibit “D” (“Payment Schedule”). In no event
however shall the total compensation paid to CONSULTANT exceed .
B. Invoices
CONSULTANT shall submit invoices for all services rendered.
C. Payment
Payment shall be due according to the payment schedule set forth in Exhibit “D”. No payment
will be made unless CONSULTANT has first provided City with a written receipt of 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 any
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 default or breach of this Agreement for CITY not
to pay any invoiced amounts to which it has objected until the objection has been resolved by
mutual agreement of the parties.
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D. Expenses
CONSULTANT shall be responsible for all costs and expenses incident to the performance of
services for CITY, including but not limited to, all costs of equipment used or provided by
CONSULTANT, all fees, fines, licenses, bonds or taxes required of or imposed against
CONSULTANT and all other of CONSULTANT’S costs of doing business. CITY shall not be
responsible for any expenses incurred by CONSULTANT in performing services for CITY,
except for those expenses constituting “direct expenses” referenced on Exhibit “A.”
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. CONSULTANT is not required to purchase
or rent any tools, equipment or services from CITY.
B. Workers’ Compensation
CONSULTANT 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 expenses,
including without limitation reasonable attorneys’ fees, arising out of any injury, disability, or
death of any of CONSULTANT’S employees.
C. Indemnification of Liability, Duty to Defend
1. As to professional liability, to the fullest extent permitted by law,
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 action,
losses, liabilities and expenses, including without limitation attorneys’ fees, to the extent arising
or resulting directly or indirectly from any willful or negligent acts, errors or omissions of
CONSULTANT 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 permitted by law, 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 action, losses, liabilities and
expenses, including without limitation attorneys’ fees, arising or resulting directly or indirectly
from any act or omission of CONSULTANT or CONSULTANT’S assistants, employees or
agents, including all claims relating to the injury or death of any person or damage to any
property.
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D. Insurance
In addition to any other obligations under this Agreement, CONSULTANT shall, at no cost to
CITY, obtain and maintain throughout the term of this Agreement: (a) Commercial Liability
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,
including the loss of use thereof; and (b) Professional Liability Insurance (Errors & Omissions)
with a minimum coverage of $1,000,000 per occurrence or claim, and $2,000,000 aggregate;
provided however, Professional Liability Insurance 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 the 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
claims-made policy form 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
“extended reporting” or “tail” coverage for a minimum of five (5) years after completion of
work, which must also show a retroactive date that is before the earlier of the effective date of
the contract or 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 insured’s on the
Comprehensive Liability insurance policy referred to in (a) immediately above via a specific
endorsement) and requiring 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 CONSULTANT under this Agreement may be assigned or subcontracted by
CONSULTANT without the prior written consent of CITY, which CITY may withhold in its
sole and absolute discretion.
F. State and Federal Taxes
As CONSULTANT is not CITY’S employee, CONSULTANT shall be responsible for paying
all required state and federal taxes. Without limiting the foregoing, CONSULTANT
acknowledges and agrees that:
CITY will not withhold FICA (Social Security) from CONSULTANT’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;
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CITY will not make disability insurance contributions on behalf of
CONSULTANT;
CITY will not obtain workers’ compensation insurance on behalf of
CONSULTANT.
ARTICLE 6. OBLIGATIONS OF CITY
A. Cooperation of City
CITY agrees to respond to all reasonable requests of CONSULTANT and provide access, at
reasonable times following receipt by CITY of reasonable notice, to all documents reasonably
necessary to the performance of CONSULTANT’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
CONSULTANT from any of CONSULTANT’S duties or obligations under this Agreement.
ARTICLE 7. TERMINATION OF AGREEMENT
A. Sale of Consultant’s Business/ Death of Consultant.
1. 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. Any such CITY
termination pursuant to this Article 7.A shall be in writing and sent to the address for notices to
CONSULTANT set forth in Exhibit A, Subsection V.H., no later than thirty (30) days after
CITY’ receipt of such notice of sale.
2. If CONSULTANT is an individual, this Agreement shall be deemed automatically
terminated upon death of CONSULTANT.
B. Termination by City for Default of Consultant
Should CONSULTANT default in the performance of this Agreement or materially b reach any
of its provisions, CITY, at CITY’S option, may terminate this Agreement by giving written
notification to CONSULTANT. For the purposes of this section, material breach of this
Agreement shall include, but not be limited to the following:
1. CONSULTANT’S failure to professionally and/or timely perform any of the
services contemplated by this Agreement.
2. CONSULTANT’S breach of any of its representations, warranties or covenants
contained in this Agreement.
CONSULTANT shall be entitled to payment only for work completed in accordance with the
terms of this Agreement through the date of the termination notice, as reasonably determined by
CITY, provided that such payment shall not exceed the amounts set forth in this Agreement for
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the tasks described on Exhibit C” which have been fully, competently and timely rendered by
CONSULTANT. Notwithstanding the foregoing, if CITY terminates this Agreement due to
CONSULTANT’S default in the performance of this Agreement or material breach by
CONSULTANT of any of its provisions, then in addition to any other rights and remedies CITY
may have, CONSULTANT shall reimburse CITY, within ten (10) days after demand, for any
and all costs and expenses incurred by CITY in order to complete the tasks constituting the scope
of work as described in this Agreement, 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 CONSULTANT 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 constitutes 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
payment is given by CONSULTANT to CITY.
D. Transition after Termination
Upon termination, CONSULTANT shall immediately stop work, unless cessation could
potentially cause any damage or harm to person or property, in which case CONSULTANT shall
cease such work as soon as it is safe to do so. CONSULTANT shall incur no further expenses in
connection with this Agreement. CONSULTANT shall promptly deliver to CITY all work done
toward completion of the services required hereunder, and shall act in such a manner as to
facilitate any the assumption of CONSULTANT’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 the terms of this Agreement shall be
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 CONSULTANT shall comply fully with all
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 subcontractors performing work under this Agreement, subject to the
prohibition against assignment and subcontracting contained in Article 5 above. The
CONSULTANT shall defend with counsel acceptable to CITY, indemnify and hold harmless the
CITY OF GILROY, its officers, employees, agents and representatives from and against all suits,
claims, demands, damages, costs, causes of action, losses, liabilities, expenses and fees,
including without limitation reasonable attorneys’ fees, that may arise out of any violations of
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the Act by the CONSULTANT, its subcontractors, or the officers, employees, agents or
representatives of either.
C. Attorneys’ Fees
If any action at law or in equity, including an action for declaratory relief, is brought to enforce
or interpret the provisions 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 in a separate action brought
for that 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 all municipal
ordinances 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
work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or
authority 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 from discriminatory employment or subcontracting practices on the
basis of the race, color, sex, religious creed, national origin, ancestry of any employee, applicant
for employment, or any potential subcontractor.
F. Conflict of Interest
CONSULTANT certifies that to the best of its knowledge, no CITY employee or office of any
public agency interested in this Agreement has any pecuniary interest in the business of
CONSULTANT and that no person associated with CONSULTANT has any interest that would
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 CITY and
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 acknowledges that no
representations, inducements, promises or agreements, orally or otherwise, have been made by
any party, or anyone acting on behalf of any party, which are not embodied herein, and that no
other agreement, statement or promise not contained in this Agreement shall be valid or binding.
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No other agreements or conversation with any officer, agent or employee of CITY prior to
execution of this 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.
H. Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of
California without regard to the conflict of laws provisions of any jurisdiction. 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.H. 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
CONSULTANT agrees that waiver by CITY of any one or more of the conditions of
performance under this Agreement shall not be construed as waiver(s) of any other condition of
performance under this Agreement.
Executed at Gilroy, California, on the date and year first above written.
CONSULTANT: CITY:
CITY OF GILROY
By: By:
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Name: Name:
Title: Title:
Social Security or Taxpayer
Identification Number
Approved as to Form ATTEST:
City Attorney City Clerk
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EXHIBIT “A”
SPECIFIC PROVISIONS
I. PROJECT MANAGER
CONSULTANT shall provide the services indicated on the attached Exhibit “B”, Scope of
Services (“Services”). (All exhibits referenced are incorporated herein by reference.) To
accomplish that end, CONSULTANT agrees to assign________, 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, CONSULTANT 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.
II. NOTICE TO PROCEED/COMPLETION OF SERVICE
A. NOTICE TO PROCEED
CONSULTANT shall commence the Services upon delivery to CONSULTANT of a written
“Notice to Proceed”, which Notice to Proceed shall be in the form of a written communication
from designated City contact person(s). Notice to Proceed may be in the form of e-mail, fax or
letter authorizing commencement of the Services. For purposes of this Agreement,
______________shall be the designated City contact person(s). Notice to Proceed shall be
deemed to have been delivered upon actual receipt by CONSULTANT or if otherwise delivered
as provided in the Section V.H. (“Notices”) of this Exhibit “A”.
B. 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, and 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 so requested, CITY shall make this
determination within two (2) weeks of such request, or if CITY determines that CONSULTANT
has not completed all of such Services as required by this Agreement, CITY shall so inform
CONSULTANT within this two (2) week period.
III. PAYMENT OF FEES AND DIRECT EXPENSES
Payments shall be made to CONSULTANT as provided for in Article 4 of this Agreement.
Direct expenses are charges and fees not included in Exhibit “B”. CITY shall be obligated to
pay only for those direct expenses which have been previously approved in writing by CITY.
CONSULTANT shall obtain written approval from CITY prior to incurring or billing of direct
expenses.
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Copies of pertinent financial records, including invoices, will be included with the submission of
billing(s) for all direct expenses.
IV. OTHER PROVISIONS
A. STANDARD OF WORKMANSHIP
CONSULTANT represents and warrants that it has the qualifications, skills and licenses
necessary to perform the Services, and its duties and obligations, expressed and implied,
contained herein, and CITY expressly relies upon CONSULTANT’S representations and
warranties regarding its skills, qualifications and licenses. CONSULTANT 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.
Any plans, designs, specifications, estimates, calculations, reports and other documents furnished
under this Agreement shall be of a quality acceptable to CITY. The minimum criteria for
acceptance shall be a product of neat appearance, well-organized, technically and grammatically
correct, checked and having the maker and checker identified. The minimum standard of
appearance, organization and content of the drawings shall be that used by CITY for similar
purposes.
B. RESPONSIBILITY OF CONSULTANT
CONSULTANT 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 of any 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 caused by CONSULTANT’S negligent
performance of any of the services furnished under this Agreement.
C. RIGHT OF CITY TO INSPECT RECORDS OF CONSULTANT
CITY, through its authorized employees, representatives or agents, shall have the right, at any
and all 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 of verifying any
and all charges made by CONSULTANT in connection with this Agreement. CONSULTANT
shall maintain for a minimum period of three (3) years (from the date of final payment to
CONSULTANT), or for any longer period required by law, sufficient books and records in
accordance with standard California accounting practices to establish the correctness of all
charges submitted to CITY by CONSULTANT, all of which shall be made available to CITY at
the CITY’s offices within five (5) business days after CITY’s request.
D. CONFIDENTIALITY OF MATERIAL
All ideas, memoranda, specifications, plans, manufacturing procedures, data (including, but not
limited to, computer data and source code), drawings, descriptions, documents, discussions or
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other information developed or received by or for CONSULTANT and all other written and oral
information developed or received by or for CONSULTANT 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 the such Services. Nothing furnished to
CONSULTANT which is otherwise known to CONSULTANT or is or becomes generally
known to the related industry (other than that which becomes generally known as the result of
CONSULTANT’S disclosure thereof) shall be deemed confidential. CONSULTANT shall not
use CITY’S name or insignia, or distribute publicity pertaining to the services rendered under
this Agreement in any magazine, trade paper, newspaper or other medium without the express
written consent of CITY.
E. NO PLEDGING OF CITY’S CREDIT.
Under no circumstances shall CONSULTANT have the authority or power to pledge the credit
of CITY or incur any obligation in the name of CITY.
F. OWNERSHIP OF MATERIAL.
All material including, but not limited to, computer information, data and source code, sketches,
tracings, drawings, plans, 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 CONSULTANT may
retain and use copies thereof subject to Section V.D of this Exhibit “A”.
CITY shall not be limited in any way in its use of said material at any time 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 indemnify CONSULTANT from,
damages resulting from the use of said material for work other than PROJECT, including, 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 of any third
party or parties, and no third party or parties shall have any claim or right of action hereunder for
any cause whatsoever.
H. NOTICES.
Notices are to be sent as follows:
CITY:
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
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CONSULTANT:
I. 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 checked, 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, Part 26, Code of Federal
Regulations (49 CFR 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 CONSULTANT warrants that he/she has not employed or retained any company or person,
other than a bona fide employee working for the CONSULTANT, to solicit or secure this
Agreement, and that he/she has not paid or agreed to pay any company or person, other than a
bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other
consideration, contingent upon or resulting from the award or 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.
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EXHIBIT “B”
Scope of Services
1. Perform on -call (onsite and offsite) and expedited plan review of submitted residential,
commercial and industrial (structural and non - structural) building plan and fire
suppression, detection and alarm system plans.
2. Perform combination building, fire, and life safety inspections for residential,
commercial, and industrial in accordance with the approved documents, adopted codes
and standards amended by the City.
COMPLIANCE STANDARDS
3. Perform comprehensive plan review service including all trades; other functions include
but are not limited to: writing plan review reports, holding meetings, answering inquiries
and phone calls as needed.
4. Incorporated requirements from other City departments, divisions, regulating agencies
and jurisdictions, i. e., Planning, Engineering, Fire and Chemical Control, Health
Department, etc.
5. Process plan revisions and verify that corrections have been satisfactorily made in a
timely manner.
COMMUNICATION STANDARDS
6. Provide a 1 - 800- number for service calls from Building and Fire Division and permit
applicants.
7. Be available to confer with applicants and City staff at City Hall by telephone
conversations, e- mail and fax during all normal business hours.
8. Provide in-house plans examining services at City Hall when requested to do so.
9. Provide pick -up and delivery service to and from City Hall when necessary.
STAFF MEETING /PROFESSIONAL DEVELOPMENT
10. Meet with building and Fire Marshal staff upon request.
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EXHIBIT “C”
PAYMENT SCHEDULE
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City of Gilroy
STAFF REPORT
Agenda Item Title: Consideration of Proposed Parks and Amenities Design Guidelines
Meeting Date: March 19, 2018
From: Gabriel Gonzalez, City Administrator
Department: Public Works Department
Submitted By: Girum Awoke
Prepared By: Girum Awoke
Adam Henig
Strategic Plan Goals
☐ Financially Sustainable
and High Performing
Livable Community ☐ Grow the Economy
☐ Upgrade Infrastructure ☐ Vibrant Downtown
RECOMMENDATION
Adoption of Parks and Amenities Design Guidelines
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EXECUTIVE SUMMARY
The City of Gilroy is a growing community with a diverse population and with increasing
number and type of public facilities including parks and recreational areas. While Gilroy
has a Park and Recreation System Master Plan th at includes a Parks and Recreation
Facility Classification System, Gilroy currently does not have a document that provides
guidance to park developers and design professionals with respect to preferred
aesthetic and functional characteristics of proposed parks and amenities.
The Gilroy Parks and Recreation Commission, the Department of Public Works and the
Department of Recreation have collaborated in developing the Parks and Amenities
Design Guidelines. These Guidelines were prepared with the intent of st reamlining the
review and approval process for proposed park facilities and amenities. It is anticipated
that, through the use of the guidelines and recommendations included in this document,
park developers will design and construct parks and amenities with the following
benefits:
Reduced maintenance needs
Improved water efficiency and energy conservation
Increased accessibility by all members of the community
BACKGROUND
In April 2017 the Parks and Recreation Commission finalized a parks amenities list for
City Council to consider for park developers in hopes it will be utilized prior to park
design. It was the Commission’s objective that these proposed guidelines would provide
clear direction, yet still allow the developers to use their creative discretion when
designing a public park.
In October 2017 staff presented the report to Council under the title, “Park Guidelines
and Standards”. Though supportive of the concept, the Council directed that the title of
the document be changed to “Guidelines” and that a list of specific references be
provided at the end of the document. Council also directed staff to obtain input and
feedback from the development community. In November 2017 staff presented the
document at the Developer’s Roundtable and received feedback on the revised Parks
and Amenities Design Guidelines report.
The City of Gilroy expects park developers to design City parks and associated
amenities which incorporate the proposed recommendations and features to ensure
consistency with the Parks and Recreation Facility Classification System, which is
identified in the Gilroy Park and Recreation System Master Plan.
ANALYSIS
To maximize park usage, create a high-functioning usable space, and maintain a
uniformed appearance, the Parks and Recreation Commission, together with City staff,
have prepared proposed guidelines for Council to consider enacting for future park
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builders. These features would encourage consistency with the Parks and Recreation
Facility Classification System, identified in the Gilroy Park and Recreation System
Master Plan.
Park developers are expected to design parks within the City of Gilroy which include
park elements and establish an attractive, creative, and cohesive urban park setting.
Park design needs to consider sustainable priorities that include compliance with park
security (highly visible and lighted), safety and ADA standards, longevity and durability
(vandal resistant), ease of maintenance, drought tolerant vegetation, and water saving
methods intended to use the least possible amount of water. However, each public park
type is different and encompasses varied opportunities and constraints that pertain to
the neighborhood and use it is intended for.
The Classification System listed in Chapter 3 of the Parks and Re creation System
Master Plan devises a park classification process to best serve an area’s needs:
1. Mini-Park: a park with limited recreation value and more green/open space
(one acre or smaller - i.e. Butcher Park)
2. Neighborhood Park: a park within walking distance of residential developments
(3-10 acres - i.e. El Roble Park)
3. Neighborhood Park/School: a small park immediately adjacent to schools (2-10
acres - i.e. Del Rey Park)
4. Community Park: a park larger than a neighborhood park (20 acre minimum -
i.e. Christmas Hill Park)
5. Community Park/School: a larger park adjacent to schools. Currently there are
no parks like this in city limits (20 acre minimum)
6. Park Preserve: a park that is not within City boundaries (No minimum or
maximum size; depends on resource to be preserved – i.e. Uvas Creek Park
Preserve)
7. Trails/Linear Parks: a park that features trails separated for pedestrian and
bicycle use (No minimum or maximum size - i.e. Uvas Park Levee)
8. Sports Park: an active park with recreational facilities for organized sports (20
acre minimum - i.e. Gilroy Sports Park)
However, for each of these parks there are universal park features which could be
included in its design, as identified in the Classification System listed as
“Recommended Facilities.” The Parks & Recreation Commission advises the City
Council that it would be beneficial if future park developers were given a list of park
amenities for consideration prior to park design. The list was reviewed and includes
feedback from the Gilroy Police Department, Public Works Department, and the
Community Development Department. The following park design features are examples
of what was recommended by the Parks & Recreation Commission to ensure City parks
are ecologically sustainable, attractive, well -secured, and provide maximized usage
(The complete document is included as an attachment to this staff report):
Drought Tolerant Plant Use (e.g., preference of drought resistant plants and
using familiar and proven irrigation systems)
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Security/Visibility/Vandal Resistant (e.g., increased park and street
lighting, motion triggered lighting, park patrol visibility in all areas)
Pathways/Bike Paths/Service-Emergency Access Park (e.g., concrete
shall be sustainable hardscape, avoid asphalt and decomposed granite withi n
parks)
Signage (consistent with City of Gilroy signage)
Public Access/Boundaries/Fencing(e.g., use of black wrought iron fencing
or other brown simulated wood fencing rather than chain link fencing, as well
as avoiding the placement of park property boundaries with adjacent
residential developments)
Playgrounds (e.g., surfacing material should include engineered wood fiber,
provide shade, feature earth tones or natural theme color).
Picnic Areas (e.g., consistent with current City of Gilroy style, skate proof
park benches, sufficient garbage cans in high traffic areas)
Destination Amenities (e.g., restrooms, off-street parking; does not apply to
a neighborhood park)
Park Themes (e.g., accessible walkways featuring playful and curved
designs, enhanced walkways and cemented areas with art related features
such as etched hop scotch, figures, murals, decorative motifs, and water
fountains with bottle filler and pet water bowl)
FISCAL IMPACT/FUNDING SOURCE
The proposed guidelines document does not create additional needs or financial impact
to the City’s budget because the review and approval of parks and amenities are
already included in the plan check and inspection budget.
Attachments:
1. Park and amenities design guidelines 03-12-18
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2018
Version 1.2
City of Gilroy
3/8/2018
Parks and Amenities Design
Guidelines
Prepared by:
City of Gilroy Parks and Recreation Commission
City of Gilroy Recreation Department
City of Gilroy Public Works Department
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Table of Contents
INTRODUCTION ............................................................................................................................................. 3
BACKGROUND ............................................................................................................................................... 3
PARK DESIGN PROCESS AND ROLES .............................................................................................................. 4
Drought Tolerant /Plant Use ................................................................................................................. 6
Security/Visibility/Vandal Resistant ...................................................................................................... 6
Pathways/Bike Paths /Service-Emergency Access Park ........................................................................ 6
Signage .................................................................................................................................................. 7
Public Access/Boundaries /Fencing ....................................................................................................... 7
Playgrounds ........................................................................................................................................... 7
Picnic Areas ........................................................................................................................................... 8
Destination Amenities ........................................................................................................................... 8
Park Themes .......................................................................................................................................... 8
REFERENCES AND WORK CONSULTED .......................................................................................................... 9
EXHIBIT A ..................................................................................................................................................... 10
EXHIBIT B ..................................................................................................................................................... 11
EXHIBIT C ..................................................................................................................................................... 12
EXHIBIT D ..................................................................................................................................................... 13
EXHIBIT E ..................................................................................................................................................... 14
EXHIBIT F ..................................................................................................................................................... 11
EXHIBIT G ..................................................................................................................................................... 12
EXHIBIT H ..................................................................................................................................................... 13
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INTRODUCTION
The City of Gilroy is a growing community with a diverse population and with increasing number
and type of public facilities including parks and recreational areas. It is expected that the need for
parks, recreation facilities, and programs will increase as the population grows. These Guidelines
were developed in collaboration with the City of Gilroy Park and Recreation Commission, the
Department of Public Works and Recreation with the intent of streamlining the review and
approval of proposed park facilities and amenities. This document will provide a balance between
a creative design process for parks and amenities of high quality, while ensuring consistent
expectations and processes. This document will also help save a great deal of time and effort on
behalf of park developers and city staff since developers will know the city’s desire and
expectations at the onset of the project. It is expected that this document will be updated based on
feedback from users as well as new and emerging best practices in the planning, design and
installation of parks and recreational facilities.
BACKGROUND
The City of Gilroy is home to 14 neighborhood and community parks, a sports park, and more
than 10 miles of trails. The Parks and Recreation System Master Plan, which was approved by
City Council in 2002 and later updated in September 2004, provides information on the current
state of Gilroy’s recreation facilities and programs and provides a vision for the types and size of
parks to be built in the city that meet existing and anticipated recreational needs of the community.
While the Master Plan provides general information, it is either too dated or insufficient to be used
as a guideline document for the design and construction of specific park elements and amenities.
The City of Gilroy currently does not have a formal guideline document for the design of Parks
and Park amenities. The purpose of this document is to provide developers, architects and
engineers with uniform and consistent guidance in the planning, design and construction of Park
facilities and amenities and recreational areas. It is expected that, through the use of the
guidelines and recommendations included in this document, park developers will design and
construct parks and amenities with reduced maintenance requirements, improved water efficiency
and energy conservation, as well as increased accessibility and utilization by all members of the
community.
A previous version of these guidelines (entitled Park Design Guidelines and Standards) was
presented to the Parks and Recreation Commission (PRC) in June 2016. The PRC provided input
and motioned to approve and recommend the document for the City Council adoption in fall 2017.
The document was then presented to the City Council at the October 2, 2017 meeting. Given that
the document provided a list of recommendations and not strict standards, Council directed that
the title of the document be changed to “Guidelines” and that a list of specific references be
provided at the end. Council also directed staff to seek input and feedback from the development
community. Based on council direction and feedback from the development community, a revised
version of the original draft document has been developed and will be referred to as “Parks and
Amenities Design Guidelines” for future use.
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PARK DESIGN PROCESS AND ROLES
Lifecycle of New Park/Facility redevelopment/improvement project (Developer
built)
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PARK AND AMENITIES DESIGN
GUIDELINES
To maximize park usage, create a high-functioning usable space, and maintain a uniformed
appearance, the Parks and Recreation Commission, together with City staff, have prepared
proposed guidelines for Council to consider enacting for future park builders. These features
would encourage consistency with the Parks and Recreation Facility Classification System,
identified in the Gilroy Park and Recreation System Master Plan.
Park developers are expected to design parks within the City of Gilroy which includ e park
elements and establish an attractive, creative, and cohesive urban park setting. Park design
needs to consider sustainable priorities that include compliance with park security (highly
visible and lighted), safety and ADA standards, longevity and du rability (vandal resistant),
ease of maintenance, drought tolerant vegetation, and water saving methods intended to use
the least possible amount of water. Each public park type is different and encompasses
varied opportunities and constraints. The Classification System listed in Chapter 3 of the
Parks and Recreation System Master Plan devises a park classification process to best
serve an area’s needs. The following is a list of the types of Parks found in Gilroy:
1. Mini-Park: a park with limited recreation value and more green/open space (one acre
or smaller
- i.e. Butcher Park)
2. Neighborhood Park: a park within walking distance of residential developments (3-10
acres -
i.e. El Roble Park)
3. Neighborhood Park/School: a small park immediately adjacent to schools (2-10
acres - i.e.
Del Rey Park)
4. Community Park: a park larger than a neighborhood park (20 acre minimum - i.e.
Christmas Hill Park)
5. Community Park/School: a larger park adjacent to schools. Currently there are no
parks like
this in city limits (20 acre minimum)
6. Park Preserve: a park that is not within City boundaries (No minimum or
maximum size; depends on resource to be preserved - i.e. Uvas Creek Park
Preserve)
7. Trails/Linear Parks: a park that features trails separated for pedestrian and bicycle
use (no
minimum or maximum size - i.e. Uvas Park Levee)
8. Sports Park: a park with recreational f acilities for organized sports (20 acre
minimum - i.e.
Gilroy Sports Park)
As part of the project review and approval process, the City of Gilroy Parks and Recreation
Commission often recommends park developers to design parks that include park elements
that not only provide form and function, but also establish an attractive, creative, and
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cohesive urban park setting. Park design will consider sustainable priorities (see appendix)
that include compliance with park security (highly visible and lighted), safety and ADA
standards, longevity and durability (vandal resistant), ease of maintenance, drought tolerant
vegetation, and water saving methods intended to use the least possible amount of water.
Consideration of the park design f eatures listed below are recommended prior to appearing
bef ore the Parks and Recreation Commission for approval. In addition to the
recommendations listed below, there are sources City staff would recommend builders utilize
during the designing process. It is the expectations that the design teams and the designated
state licensed professional(s) will apply referenced information and prevailing industry
standards for park elements.
Drought Tolerant
/Plant Use
Drought resistant plants are recommended for compatible plant palettes and with
plants that have similar water needs to avoid plant failures. See References #2
Expect water eff icient landscape design that meets both state water conservation
standards and the state’s Model Water Efficiency Landscape Ordinance
(MWELO) regarding park irrigation and park design elements for sustainability of
parks. See References #3 & #4
Security/Visibility/Vandal Resistant
Park trail access gates with collapsible bollards to increase public park and trail
patrols by law enforcement and other public service staff.
Increased lighting Light Emitting Diode (LED) with vandal resistant light
f ixtures at park activity areas and access points.
o Outside electrical receptacle should be programmed for best placement
and include a security element.
o Park street frontage lamps shall be double masted street lamps and
poles with extended lamp arm into the park frontage.
o Low-level motion triggered lighting at park trails to increase police visibility
after dark.
Limited use of landscape screening f eatures for activity areas such as raised
mounds, screening vegetation and closed fencing.
Park patrol visibility for all activity areas.
Plant selection and placement shall be made with park security and visibility in mind.
Automatic locking door systems at all new public park restrooms
Pathways/Bike Paths /Service-Emergency Access Park
Suggest concrete be used as sustainable hardscape material for future paths of
travel within parks.
It is recommended that the use of asphalt and decomposed granite (excluding
off-street parking and major Class I trails) is to be avoided within parks, for access
to and from active and passive urban recreation park areas.
Accessible walkways f eaturing playf ul, curved designs instead of standard
perpendicular conf iguration is encouraged.
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Signage
Park signage, including regulation signs, shall be consistent to current City of
Gilroy signage. Park entry sign examples are included in this document. See
Exhibit A
Park signage is required to meet the configurations of the existing park signage.
Existing park sign colors include dark green, blue and ivory colored backgrounds
and narrative. Park signs with decorative features may be considered, as long as
they complement the park’s natural color scheme and natural surroundings.
Public Access/Boundaries /Fencing
Maximum access to public parks is best provided by public street frontages.
The placement of park property boundaries with adjacent residential
developments is discouraged.
Site drainage would f ollow adjacent land use currents.
Use of black wrought iron f encing or other brown concrete simulated wood
f encing should be used f or park frontage fences. Other wood and/or cable
fencing will be considered on a case by case basis.
Chain link fencing at park street frontages is prohibited.
Playgrounds
Playground surfacing material should include engineered wood fiber, which meets
Standard Specification for Impact Attenuation of Surface Systems
Under and Around Playground Equipment, F1292 Impact Attenuation
and F1951 ADA accessibility requirements. See References #5
Earth tones and resilient playground surfacing should be considered for all
playground areas at the park. Vibrant colors may be suggested, but they will be
required to complement the natural color themes to be considered.
W henever possible, shade for playgrounds should be a priority.
Bike racks are required. Bike racks which are decoratively designed are
encouraged.
Example: Gilroy Library bike racks which are shaped like book shelves See Exhibit
B
Pre-cast play tables and games such as checkers, chess or other similar board
games could be considered. See Exhibit C
Installation of storage lockers for recreational programing supplies, which are
congruent with park theme in larger scale parks, is encouraged.
Neighborhood outreach and input should guide focus of selected recreation
amenities/features for all ages such as pickle ball courts, bocce ball, volley ball,
basketball, handball, dodge ball, ping pong, horseshoes, shuffleboard,
skateboarding, rollerblading, etc.
Accessible playground equipment should include climbing structures with
progressively challenging f eatures to engage the participation of both younger and
older children.
W hen possible playground equipment that is inclusive or can integrate for
children with mental and physical disabilities should be provided.
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Picnic Areas
All picnic area tables, benches, trash receptacles and BBQ pits shall be
consistent with other City of Gilroy park amenities such as color, size, quality
condition and manufacturer.
To prevent damage, park benches and low concrete walls shall be skate proof.
Park benches should be designed in such a way which discourages
stretching out and sleeping.
A sufficient number of garbage cans should be placed in high traffic areas such
as trails, walkways, playgrounds and picnic areas. (Mobile garbage cans are
not permitted.) The garbage cans shall be consistent to the current ones used by
City of Gilroy. See Exhibit D.
Suggested to install water f ountains with bottle filler and pet water bowl, rather
than single purpose water fountains will be required. See Exhibit E.
Sufficient dog waste bag dispensers should be located in high traffic areas such
as at major park visitor or pedestrian access points and walking trails.
Destination Amenities
Community Park, Sport Park and Dog Park features that would create a
community-wide destination should not be included in a neighborhood park.
Example of
these features include:
o Restrooms
o Off-street parking
o Overall park night-time lighting
Park Themes
Incorporate an overall theme that is relevant to the individual park setting, while
also recognizing the history, values and commodities inherent to the City of Gilroy.
Trees and trellis structures are encouraged to provide much needed shade and
protection from the sun.
Park amenities can be personalized through design, layout and use of color to
establish a coherent theme. Natural colors such as brown, beige, green, black or
similar color undertones are preferred. See Exhibit F.
W herever possible, avoid the use of red or blue colored park themes (popular gang
affiliated colors).
Vibrant colors may be suggested, but they will be required to complement the
natural color themes to be considered.
Use of colored or textured cement in walkways, rather than basic gray concrete
could be considered. Enhanced walkways and cemented areas, with features
such as etched hop scotch, decorative motifs, inspirational statements or
sketches may be considered. See Exhibit G.
Colored tiles on walkways, f acility walls, or sound walls could be installed. Murals
on f acility walls or sound walls are an option, but will require the necessary City of
Gilroy reviews and approvals. See Exhibit H.
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REFERENCES AND WORK CONSULTED
1. City Of Gilroy Parks & Recreation System Master Plan, September 2004
2. Drought Tolerant Plants:
a. Bornstein, Carol. California Native Plants for the Garden (Cachuma Press, 2005)
b. Rubin, Greg and Lucy W arren. The Drought-Defying California Garden: 230 Native
Plants for a Lush, Low-Water Landscape (Timber Press, 2016)
c. Sunset Western Garden, 9th edition (Oxmoor House, 2012)
3. California State Water Conservation Standards: https://www.waterboards.ca.gov/
4. Model Water Efficiency Landscape Ordinance (MWELO):
http://www.water.ca.gov/wateruseefficiency/docs/MW ELO09-10-09.pdf
5. Standard Specification for Impact Attenuation of Surface Systems Under and
Around Playground Equipment:
a. F1292 Impact Attenuation: https://www.astm.org/Standards/F1292.htm
b. F1951 ADA accessibility requirements: https://www.astm.org/Standards/F1951.htm
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EXHIBIT A
Entry Park Signage
Park Regulation Signage
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EXHIBIT B
A bike rack can be used as public art too (Gilroy Library)
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EXHIBIT C
Pre-cast play tables
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EXHIBIT D
Trash receptacles (example shown)
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EXHIBIT E
W ater Fountains with Bottle Filler and Pet W ater Bowl
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EXHIBIT F
Natural colors used on park amenities (e.g. Gilroy Sports Park)
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EXHIBIT G
Enhanced W alkway
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EXHIBIT H
Spaces for potential community Art (e.g. Children’s Tile Art project at San Ysidro Park);
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City of Gilroy
STAFF REPORT
Agenda Item Title: Presentation of 2017 General Plan Annual Report
Meeting Date: March 19, 2018
From: Gabriel Gonzalez, City Administrator
Department: Community Development Department
Submitted By: Kristi Abrams
Prepared By: Kristi Abrams
Stan Ketchum
Strategic Plan Goals
Financially Sustainable
and High Performing
Livable Community Grow the Economy
☐ Upgrade Infrastructure ☐ Vibrant Downtown
RECOMMENDATION
Acceptance of the 2017 General Plan Annual Report and direction to staff to transmit
the report to the State.
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EXECUTIVE SUMMARY
This report addresses the 2017 General Plan Annual Report, required by California
Government Code Section 65400. The purpose of the report is to describe progress
made towards implementation of General Plan goals, policies and actions, and
identification of any changes needed in the Plan or its implementation programs. The
report also includes an update on the City’s progress towards implementing the
requirements of the Housing Element. This includes progress towards meeting the
regional housing needs assessment (RHNA) and efforts to remove governmental
constraints to the maintenance, improvement and development of housing. The
General Plan annual Report is to be presented to the local legislative body, the
Governor’s Office of Planning and Research (OPR) and the State Department of
Housing and Community Development (HCD) on or before April 1 of each year.
BACKGROUND
Section 65400 of the California Government Code requires all jurisdictions to prepare
an annual report addressing the status of the General Plan (Plan), including progress
made towards implementation of goals, policies and actions contained in the Plan, and
identification of any changes needed in the Plan or its implementation programs. A key
component of the report is the update on the City’s progress towards implementing the
requirements of the Housing Element.
This includes progress towards meeting the regional housing needs assessment
(RHNA) and efforts to remove governmental constraints to the maintenance,
improvement and development of housing. Additionally, it is to be presented to the local
legislative body, the Governor’s Office of Planning and Research (OPR) and the State
Department of Housing and Community Development (HCD) on or before April 1 of
each year.
Pursuant to the Government Code, the 2017 General Plan Annual Report (see
attached) reviews the activities that took place between January 1, and December 31,
2017 to implement the City of Gilroy General Plan. The report consists of three
sections:
Status of 2017 Activities Affecting the Implementation of the General Plan
Development Activity During 2017
Annual Housing Element Progress Report
DISCUSSION
A summary of the key sections in the Annual Report is presented below:
Status of 2017 Activities Affecting the Implementation of the General Plan
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This section describes various actions taken by the City to implement goals and policies
of the adopted 2020 General Plan. Passage of Measure H, the Urban Growth
Boundary (UGB) Initiative, amended the 2020 General Plan to establish a boundary
beyond which urban development is not allowed until at least 2040. As a result, 450
acres of future planned residential land and 327 acres of future employme nt land
located outside the UGB were converted to permanent open space use.
In January 2017, the City Council directed staff to resume the 2040 General Plan
Update process which had been suspended pending the outcome of Measure H. In
June 2017, the General Plan Advisory Committee (GPAC) reconvened and began work
to address the impacts of Measure H and evaluate possible modifications to the Draft
2040 General Plan. The GPAC selected three alternative land use schemes for
evaluation. At their next meeting on March 22, 2018, the GPAC will review the results
of the Alternatives Analysis Report, after which a Community Workshop will be held to
share the results with the community and seek their input. The Preferred Alternative for
the General Plan Land Use Diagram will be presented to the Planning Commission and
City Council in late spring/early summer.
The 2020 General Plan Land Use Diagram and Policy Text include the area designated
the Urban Service Area (USA). The USA represents the area eligible for annexation and
for which the City will provide urban services (e.g., water, sewer, police, fire) for existing
and new development. There are two pending privately-initiated USA amendment
applications in progress and described in this section of the Annual Report.
In 2017, the City completed three zoning ordinance amendments, two City Council
policy revisions and one transportation facility design plan relating to the General Plan.
They are:
Sobrato Transitional Apartments Conversion to Permanent Supportive Hou sing
Accessory Dwelling Unit ordinance
Wireless Telecommunications Facilities ordinance
Residential Development Ordinance Interim Exemption Expiration
Economic Incentive Policy
First Street Complete Streets Design Plan
Each of these play a role in implementing various General Plan goals and policies, and
are described further in the 2017 Annual Report.
This section of the Annual Report also provides an update on the progress of
construction in the three specific plan areas, Hecker Pass, Glen Loma Ranch and
Downtown. Each area has seen significant development in recent years, including
2017. Finally, the report includes an update on the status of the North and South
Neighborhood Districts, the areas in the General Plan identified for planned future
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growth. The key change to these areas in 2017 was the implementation of Measure H,
which reduced the planned development area of the North Neighborhood District from
730 acres to approximately 277 acres, and eliminated future development capacity for
approximately 4,300 dwelling units.
Development Activity In 2017
In 2017, Building Permits were issued for 243 single-family and 202 multi-family
dwellings. The majority of the single-family development was in the Hecker Pass and
Glen Loma Ranch Specific Plan areas. Two multi-family projects now under
construction will provide 202 Below Market Rate (BMR) housing units. These projects
are described further in the following section of this staff report. Non-residential
construction activity included issuance of a building permit for a four-story, 104-room
Hampton Inn and Suites Hotel on Travel Park Circle adjacent to the Monterey Street
U.S. 101 Interchange. The hotel is currently under construction.
Annual Housing Element Progress Report
The Housing Element Progress Report includes two components: 1) a detailed reporting
of the City’s progress in constructing the amounts of new housing specified in the
Regional Housing Needs Assessment (RHNA) allocation included in the General Plan
Housing Element, and 2) a description of the City’s progress implementing programs
intended to remove governmental constraints to the maintenance, improvem ent and
development of housing. The full Housing Element Progress Report is included as
Appendix A to the 2017 General Plan Annual Report.
In 2017, building permits were issued for 202 Below Market Rate (BMR) housing units.
The Cannery, located in Downtown, on Lewis Street, east of Monterey Street, will
provide 104 Low Income units. Harvest Park, located on the west side of Monterey
Street, on both sides of Cohansey Avenue will provide 88 Low Income and 10 Very Low
Income units. The City has exceeded its RHNA allocation for Low Income units. To
fully meet the RHNA allocations for the current eight-year period (2015 – 2023), the City
would need to construct 200 more Very Low Income units and 210 Moderate Income
units.
Activities undertaken to remove governmental constraints included preparation of a
Community Development Department Organization Study and implementation plan,
creation of a new Minor Modification process designed to streamline development
review for certain minor requests, approval of a contract with HouseKeys to serve as
Program Administrator for the City's Below Market Rate (BMR) housing programs, and
hosting of a Developer’s Roundtable meeting intended to provide information on current
topics and promote communication opportunities with area developers.
In 2015, certification of the General Plan Housing Element by the Department of
Housing and Community Development (HCD) required the City to rezone a minimum of
27 acres of land to R-4 High Density in order to provide adequate land available for
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development of multi-family housing at a minimum of 20 dwelling units per acre. This is
the density identified by HCD as necessary for development of affordable housing. At
that time, six sites comprising 32 acres were rezoned to R-4. These sites are located on
Santa Teresa Boulevard, First Street, Church Street, and Monterey Road.
Of those R-4 sites, two have pending development applications on file. A 119-unit
market-rate project is proposed at the northeast corner of First Street and Kern Avenue,
and a 78-unit project including nine low-income units is nearing approval on property at
8995 Monterey Street, north of Liman Avenue. The remaining units will not be restricted
to Low Income but may meet the RHNA category of Moderate Income (80% - 120% of
Area Median Income) depending on the actual rental rates established when the units
are completed.
FISCAL IMPACT/FUNDING SOURCE
No fiscal impact has been identified in conjunction with this project.
NEXT STEPS
After acceptance of the report by the City Council, staff will transmit it to the Governor’s
Office of Planning and Research and the State Housing and Community Developmen t
Department.
Attachments:
1. 2017 General Plan Annual Report with Attachment - final 2-21-18
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City of Gilroy
2017 General Plan Annual Report
March 19, 2018
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1. Introduction
A. Purpose of the General Plan Annual Report
The General Plan Annual Report fulfills the requirements of California Section 65400 of the
California Government Code, which requires all jurisdictions to prepare an annual report
addressing two primary topics:
The status of the General Plan, including progress made towards implementation of
goals, policies and implementation measures contained in the Plan, and identification of
any changes needed in the Plan or its implementation programs.
Progress towards meeting the city’s share of regional housing needs (RHNA) and
efforts to remove governmental constraints to the maintenance, improvement and
development of housing.
This report includes three distinct sections:
Section 2. Status of 2017 Activities Affecting the Implementation of the General Plan
contains updates on the implementation of Measure H, the resumption of the 2040
General Plan process, pending Urban Service Area amendments, changes to
ordinances and City Council policies, the status of Gilroy’s three specific plans, and the
status of the Neighborhood Districts. These topics collectively provide a broad view of
the current issues affecting the implementation of the General Plan during 2017.
Section 3. Development Activity in 2017 describes the amount of new development
permitted through both discretionary land use permits and building permits.
Section 4. Annual Housing Element Progress Report fulfills the second primary topic
described above, a description of progress towards meeting the city’s share of regional
housing needs (RHNA) and efforts to remove governmental constraints to the
maintenance, improvement and development of housing.
The report is to be presented to the legislative body, the Governor’s Office of Planning and
Research (OPR) and the State Department of Housing and Community Development (HCD) on
or before April 1 of each year.
B. Background of the General Plan
Every city and county in California must have a general plan, which is the local government’s
long-term framework or “constitution” for future growth and development. The general plan
represents the community’s view of its future and expresses the community’s development
goals. The general plan consists of the policy text, containing goals, polices and
implementation actions, and the land use diagram, displaying the planned future land uses and
pattern of development. All decisions by the Planning Commission and City Council must be
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consistent with the adopted General Plan. Typically, a general plan is designed to address the
issues facing the city for the next 15-20 years. State Planning Guidelines recommend updating
the General Plan about every 10 years.
Under California law, cities are required to address seven issue areas or “elements” in their
general plans: land use, transportation, housing, safety, open space, conservation, and noise.
The State allows considerable flexibility in how these elements are organized, and encourages
the inclusion of additional “elements” to ensure that plans are truly comprehensive and effective
in addressing local issues. The Gilroy 2020 General Plan incorporates the State-mandated
elements, but organizes them into five major policy areas: Community Design and
Development; Housing; Transportation and Circulation; Public Facilities and Services; and
Community Resources and Potential Hazards. The General Plan also addresses a number
topics sometimes included in General Plans as “optional elements” to address key issue areas.
These include Agriculture, Air Quality, Economic Development, Historic Preservation, Parks
and Recreation, Schools and Water Supply and Quality.
The current Gilroy 2020 General Plan was adopted in June, 2002. There have been multiple
individual amendments to both the policy text and the land use diagram since that time.
In October, 2013, the City embarked on Gilroy 2040, a comprehensive update of the General
Plan. A 25-member General Plan Advisory Committee (GPAC), appointed by the City Council
met 23 times and completed its work on October 28, 2015. The GPAC approved a Draft
General Plan Policy Text and Draft General Plan Land Use Diagram for transmittal to the
Planning Commission and City Council for their review. On January 4, 2016, the City Council
approved the Draft Policy Text and Land Use Diagram for purposes of defining the “Project” to
be evaluated in the General Plan Environmental Impact Report (EIR).
In April, 2016, the General Plan process was suspended pending the outcome of Measure H,
the Urban Growth Boundary ballot initiative. In November 2016, Measure H passed,
establishing an Urban Growth Boundary that restricts new development outside the boundary
through 2040. See Section 2, below for further discussion about Measure H and the
resumption of the 2040 General Plan process.
2. Status of 2017 Activities Affecting the Implementation of the General Plan
This section describes a variety of activities initiated by the city or others during 2017 that affect
the implementation of the current 2020 General Plan and/or the Gilroy 2040 General Plan
Update, in progress.
A. Measure H – Urban Growth Boundary Ballot Measure
Measure H implemented amendments to the 2020 General Plan Policy Text and Land Use
Diagram. The following is an excerpt from Policy 2.13 Urban Growth Boundary, added by
Measure H:
“In 2016, the people of the City of Gilroy approved an Urban Growth Boundary (" UGB")
by initiative to protect the unique character of the City of Gilroy and the agriculture and
open space character, of the surrounding areas. The UGB is a line beyond which
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urban development is not allowed. Except for public parks, public educational facilities
(such as public schools and public colleges), and public wastewater, sewer, storm
drain, and water recycling facilities, only uses consistent with: 1) the General Plan
"Open Space" land use designation as this designation existed on February 26, 2016;
and (2) the uses of "open space land" as set forth in Government Code section 65560,
are allowed outside the UGB.”
Table 1 shows the changes in land use trigged by the implementation of Measure H and
resulting reductions in potential future housing and job capacity of the General Plan. Figure
1A is the 2020 General Plan Land Use Diagram prior to approval of Measure H, and Figure
1B shows the amended Land Use Diagram, including the Urban Growth Boundary and
designation of lands outside it as Open Space. As shown, a significant amount of potential
future development in both residential and employment lands was eliminated by the
approval of Measure H. The 2040 General Plan Update process will be addressing this
issue and evaluating possible changes to the Draft 2040 General Plan.
Table 1
Reductions in Land Use Capacity Due to Measure H
(from Draft 2040 Land Use Diagram)
Residential Employment*
Neighborhood
District North
450 acres
4,344
DU’s
General
Commercial 171 ac.
5,900
jobs
Industrial Park 156 ac.
Total. 327 ac
*The “660” Campus Industrial area was
eliminated in the Draft 2040 Land Use
Diagram
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Figure 1A
Figure 1B
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B. Resumption of the Gilroy 2040 General Plan Update
In January 2017, the City Council approved an amended work program to complete the
2040 General Plan Update, which was initiated on June 29, 2017, with the first meeting of
the reconvened and expanded General Plan Advisory Committee (GPAC).
The GPAC has selected three land use alternatives for thorough comparison and analysis
in an Alternatives Analysis report. On March 22, 2018, the GPAC will review the draft
report and provide comments. Upon completion of the public draft report, a community
workshop will be held to receive public input on the alternatives. The final Alternatives
Report will be presented to the Planning Commission and City Council for their
consideration and for City Council selection of a Preferred Land Use Alternative. Adoption
of the Gilroy 2040 General Plan is scheduled for the end of 2019.
C. Urban Service Area Amendments
The General Plan Land Use Diagram includes the area designated the Urban Service Area.
Policy 2.07 of the 2020 General Plan states the following:
“Urban Service Area. Establish and maintain an Urban Service Area that indicates the
area of land that could potentially be developed in the next 5 years and to which the
City is committed to providing basic infrastructure and services. Urban zoning,
development approvals, and building permits will only be granted to properties within
the Urban Service Area. The City will not accept development proposals on land outside
the Urban Service Area, and will coordinate with the County to discourage premature
subdivision of such land. Applications for inclusion in the Urban Service Area will be
accepted annually and evaluated in light of General Plan policies promoting infill
development and efficiency in the provision of urban services.”
There are currently two privately-initiated Urban Service Area (USA) amendment
applications in progress.
USA 12-01 – Wren Investors – 50 acres
The Wren Investors project site is located immediately north of the Gilroy city limits
southwest of the intersection of Vickery Avenue and Wren Avenue. Existing uses on
the approximately 50.3‐acre site include rural residential uses, the Gilroy High
School Future Farmers of America Club farm laboratory, two vacant Santa Clara
Valley Water District parcels comprising the Lions Creek channel and a paved
community bike path, and vacant land. A conceptual future development plan
incorporates a mix of single‐family and multi-family residential, and neighborhood
commercial uses. Approximately 160 new dwelling units could be accommodated
by this proposal.
USA 14-02 Hewell – 5.4 acres
The Hewell project site is located just outside the northern city limits northeast of the
intersection of Vickery Avenue and Kern Avenue. The approximately 5.4‐acre
project site consists of two parcels. A portion of the site is developed with one
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single‐family residence and the remainder of the site is vacant grassland. The
conceptual development plan for the Hewell project is comprised of 28 single‐family
and multi-family residential dwellings.
Figure 2, on the following page, is a location map showing the two USA amendments.
These two applications will be presented to the Planning Commission and City Council in
mid-2018. If the City Council approves one or both of the applications, they will be
submitted to the Santa Clara County Local Agency Formation Commission (LAFCO), the
state-mandated independent local agency with responsibility to oversee and make
decisions on the boundaries of cities and special districts, including Urban Service Areas.
General Plan policies addressing USA amendments include Policy 2.01, which states that
new growth should be “located to maximize existing infrastructure and service investments -
and avoid premature investment for facility and service extensions. As a second-tier priority,
direct new development to areas that border on existing urban development or are
immediately adjacent to the USA, prohibiting ‘leap-frog’ development and ensuring a
compact development pattern, consistent with the UGB by directing growth to vacant and
under-utilized lands within the Urban Service Area (USA), consistent with the Urban Growth
Boundary”. Policy 2.02 states that the rate of growth should be “controlled such that
resource and system capacity constraints are not exceeded (e.g., water supply and sewage
treatment) and necessary urban services (e.g., sewer, water supply, police, and schools)
are funded, implemented and completed prior to occupation of new buildings”.
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Figure 2
D. Changes to Ordinances and City Council Policies
Three amendments to the Zoning Ordinance and two City Council policy revisions relating
to the General Plan were completed in 2017. In addition, a new complete streets design
plan for First Street was developed.
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Sobrato Transitional Apartments Conversion (Z 16-06, RDO HE 16-01) – approved January
25, 2017.
Eden Housing received city approval to convert 45 apartment units from transitional
housing to permanent supportive housing. The development, commonly known as the
Sobrato Transitional Apartments is located at 9369 Monterey Road. Transitional housing
units are intended to serve low-income and very low-income households transitioning out of
homelessness and are limited to a two-year length of tenancy. Permanent supportive
housing units also serve low-income and very low-income households, including
households transitioning out of homelessness or on the verge of homelessness.
Permanent supportive housing also includes health and other related services and has no
length of tenancy restriction. Both unit types serve the same population. The project was
consistent with the City Council-endorsed ‘Community Plan to End Homelessness in Santa
Clara County 2015-2020’.
General Plan Policies supporting the project include providing a variety of housing options
for Gilroy residents, assisting lower-and moderate-income households to secure affordable
housing, and supporting efforts to provide emergency shelter, transitional housing, and
permanent supportive housing for homeless persons and those at risk of homelessness.
Accessory Dwelling Unit Ordinance (Z 17-06) – Initial approval November 20, 2017, final
approval with refinements January 8, 2018.
On January 1, 2017 new state legislation became effective that reduces local authority to
regulate accessory dwelling units (ADUs) and requiring all jurisdictions to amend existing
regulations to establish a ministerial approval process for ADUs. The Gilroy City Code
(GCC) defines accessory dwelling units as “an additional dwelling unit located on a lot
zoned for single-family residential uses having sleeping, kitchen and sanitation facilities and
being attached to or detached from an existing single-family dwelling located on the same
lot.”
Changes to reflect the new legislation include three areas: parking, types and size of units,
and approval process and timelines. An overview of the proposed amendments is provided
below.
Parking. Per existing code, one parking stall will continue to be required for an ADU
in addition to the two stalls required for the primary dwelling. However, parking
cannot be required for an ADU that meets certain criteria, location within ½ mile of a
public transit station, location within an historic district, or where the ADU is
contained within the existing space of the single-family residence.
Types and Size of Units. The maximum size of an ADU is 600 square feet. The
floor area of an attached ADU may not exceed 50 percent of the existing living area.
No building setback shall be required for an existing garage that is converted to an
ADU. A setback of no more than five feet from the side and rear lot lines may be
required for an ADU that is constructed above a garage. ADUs constructed above a
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garage have a maximum height of 24 feet. New detached ADUs are limited to
single-story with a maximum height of 15 feet.
Approval Process and Timelines. Limited architectural review is allowed to verify the
design of the ADU is compatible with the primary residence, entrances are screened
from street view, and windows/doors/decks are placed to preserve privacy.
Architectural review for consistency with the Secretary of Interior’s Standards would
also be allowed for ADUs located within an historic site or neighborhood combining
district. Applications for a building permit to construct an attached or detached ADU
must be approved through a ministerial process within 120 days from receipt of the
application.
General Plan policies supporting the ADU ordinance include providing a variety of housing
options for Gilroy residents, encouraging construction of infill residential development, and
supporting the development of housing for low income households.
Wireless Telecommunications Facilities, Antennas and Windmills Ordinance (Z 17-05)
Revisions to the Zoning Code provisions addressing wireless telecommunications facilities
were approved by the City Council on December 4, 2017 to bring the Zoning Ordinance into
conformance with federal and state legislation governing how local jurisdictions regulate
installation of wireless telecommunications facilities in public right-of-way and on private
property. The primary modifications of the ordinance included the following:
Wireless telecommunication facilities including Distributed Area Systems and Small
Cell Wireless Networks attached to city-owned facilities ( e.g., street lights) in public
right-of-way (ROW), are exempt from the requirements of Chapter 30.35 Wireless
Telecommunications, Antennas and Windmills.
Such networks require execution of a master lease agreement with the City for use
of the facilities. The lease will incorporate all of the applicable requirements from
the Zoning Ordinance, eliminating the need to process discretionary permits for
such projects and establish other provisions including facility rent, maintenance, etc.
Discretionary permit requirements (Architecture and Site Review or Conditional Use
Permit) are eliminated for the category of modifications to existing wireless facilities
defined in Federal law as co-locations (adding equipment to an existing wireless
facility). A new Zoning Clearance ministerial review is created to be conducted prior
to Building Permit approval, at which time Planning Staff will verify that all Chapter
30.35 requirements are being met in the proposed Building Permit application.
RDO Interim Exemption Extension
Gilroy’s Residential Development Ordinance (RDO) was established in the 1980s as a
means of moderating growth, ensuring that the city could provide adequate and efficient
public services and that the Gilroy Unified School District could provide adequate schools to
accommodate new residences. The RDO was also an important tool to ensure that growth
did not outpace the city’s ability to provide adequate sewage capacity; to maintain the
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quality of the environment; to ensure a jobs and housing balance; to ensure that the city
met its Regional Housing Needs Assessment, including the provision of low and very-low
income housing; and to ensure the construction of high-quality development.
The RDO operated in 10-year cycles. As part of the RDO process, the City Council
established the maximum number of units that may be constructed within the 10-year cycle,
with an annual numeric limit established for each year of that cycle. To allocate units during
the 10-year cycle, the city held periodic competitions, with the City Council allocating units
to projects based on their results of the competition. Land Use Entitlements were then
approved based on the RDO allocations.
After holding a few RDO competitions, it became apparent that certain categories of
projects would never successfully compete against large projects, because they lacked the
size or financial resources to provide the amenities that large projects could provide.
Because of this, very important categories of housing were not being developed. To
address this issue, the city council created the following RDO-exempt categories: Small
Project Exemption ; Affordable Housing Exemption ; Senior Housing Exemption; and
Affordable Senior Exemption. The City Council then diverted a portion of the units from the
10-year numeric limit and allocated specified numbers of units to each of these categories.
Developers who wanted to build units in any of these specified categories could submit an
RDO housing exemption request to obtain units at any time during the RDO cycle, as long
as units were available. Over time, other exemption categories were created for special
circumstances.
The last RDO cycle ran from 2004-2013. Since 2013, no new allocations have been
available through the competition or through any of the RDO exemption categories that
obtain allocations via the 10-year numeric limit. The City Council decided that it did not
want to establish a new RDO cycle until after the city adopted the new general plan and
potentially considered changes to the RDO process. To allow housing to continue to
develop in the interim period, the City Council created the RDO Interim Exemption. Each
year, the Council established a number of units that would be available for new residential
development projects requesting entitlements.
The most-recent RDO Interim Exemption period ended on October 3, 2017; all non-
allocated RDO Interim Exemption units expired at the end of that period, such that no units
remain for allocation. On November 6, 2017, the City Council declined to establish a new
RDO Interim Exemption period and allocate additional RDO Interim Exemption units. The
impact of declining to allocate additional RDO units is that staff cannot accept new
applications for residential projects, with the exception of projects that have existing RDO
allocations and projects that are not subject to RDO numeric limits. Projects not subject to
RDO numeric limits include:
Projects consisting of four or fewer units,
Projects located within the Downtown Specific Plan area; and
Projects that receive a Special Exception from the City Council
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Economic Incentive Policy (Z17-04)
The California economy continues to improve, and businesses are eager to explore new
locations and opportunities to expand or otherwise grow their operations. Effective
economic incentive policies can be quite successful in attracting larger companies, which
provide jobs and revenue to the City. In October, 2017, the City Council approved revisions
to the current Economic Incentive Policy program and related ordinances to include a
payment plan option for development impact fees. The proposed payment plan allows a
qualifying commercial/industrial development, hotel, or downtown mixed-use project to
make payments in three annual installments instead of having to pay all at once prior to
issuance of a Certificate of Occupancy. The first payment would be due upon issuance of
the Certificate of Occupancy (C of O). The second payment would be due no later than one
year after C of O, and the final payment due no later than two years after C of O. Shortly
after approval of the policy revisions, a significant project, the 189,300 square foot
Performance Food Group (PFG) Distribution Center on Monterey Street became the first
project to qualify for the new payment plan.
The Economic Incentive Policy is consistent with General Plan policies that seek to attract
employers that provide a diversity of well-paying job opportunities for local residents and to
broaden the City’s revenue base.
First Street Complete Streets Design Plan
The city received a grant from the Santa Clara County Public Health Department’s
Partnerships to Improve Community Health Program, funded by the Centers for Disease
Control and Prevention. The grant was awarded for the preparation of a Complete Streets
Plan for the First Street Corridor from Santa Teresa Boulevard to Monterey Street. A
complete street is a transportation facility that is planned, designed, operated, and
maintained to provide safe mobility for all users, including bicyclists, pedestrians, transit
vehicles, truckers, and motorists. The focus of the study was to identify opportunities
expand and improve bicycle and pedestrian access and safety. The plan was completed in
September, 2017 and accepted by the Gilroy Bicycle and Pedestrian Commission. The
timing of the grant and the opportunity to prepare this plan is particularly important, based
on the plans by the city and Cal Trans for a complete resurfacing of First Street in the near
future. The approved plan will provide detailed design guidance for the inclusion of bicycle
and pedestrian facilities in the refurbished First Street Corridor.
The First Street Complete Streets Plan implements General Plan policies that encourage
the design of future roads to accommodate bicycle and pedestrian travel and to follow the
planning and design criteria outlined in the California Department of Transportation
guidelines for the planning and design of bikeways in California. The plan is also consistent
with the city’s Complete Streets Policy adopted in 2012.
E. Status of Specific Plans
Gilroy has three adopted Specific Plans, Glen Loma Ranch, Hecker Pass and Downtown.
See Figure 3. Glen Loma and Hecker Pass Specific Plans were adopted in 2005.
Construction began on Glen Loma in 2015 and Hecker Pass in 2014. In addition, the
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Downtown Specific Plan/Downtown Station Area Plan project has been in progress since
2015.
Hecker Pass Specific Plan comprises 423 acres, located on both sides of Hecker
Pass Highway, westerly of Santa Teresa Boulevard, and includes 521 single-family
dwelling units, 145 acres of permanent open space and parkland, 59 acres of
permanent agriculture and 55 acres of agri-tourism commercial. Construction began
in 2014, and 383 units have been permitted through 2017.
Glen Loma Ranch Specific Plan comprises 360 acres, bounded by Santa Teresa
Boulevard on the southwest, Uvas Creek Park Preserve and Christmas Hill Park on
the northeast and existing neighborhoods to the south. The Glen Loma Ranch
Specific Plan allows up to 1,693 predominantly single-family dwelling units in 19
neighborhoods. In addition, a 125-unit townhome project and an affordable housing
development consisting of 77 low income family apartments and 81 low-income
senior units are also included. Construction began in 2015, and 324 dwelling units
have been permitted through 2017.
Two significant public facilities planned as part of the Glen Loma Ranch Specific
Plan have been in the planning stages during 2017. A new Fire Station will be
located in the future Town Center area at the southeast corner of Santa Teresa
Boulevard and the re-aligned Luchessa Avenue. A new Gilroy Unified School
District Elementary School is planned for a 12.7-acre parcel located at the northeast
corner of Santa Teresa Boulevard and Club Drive. The timing on construction of
these facilities is not known at this time.
The Downtown Specific Plan, approved in 2005, incorporates the properties
generally within two to three blocks on both sides of Monterey Street, extending
from Leavesley Avenue on the north, to U.S. 101 on the south. It extends further to
the west between Sixth and Seventh Streets to incorporate the Civic Center area.
The Specific Plan envisions a combination of commercial retail, office, restaurant,
and entertainment uses and up to 1,576 dwelling units. To-date, 667 dwelling units
have been permitted. In 2016, the Alexander Station apartment project began
construction and will provide 262 low income apartments. Occupancy is expected
to begin in mid-2018. In 2017, Building Permits were issued for the 104-unit
Cannery development, also 100% low income. Finally, the 75-unit Monterey
Gateway Senior affordable apartment project approved in 2016 is expected to begin
construction in 2018.
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Figure 3
The Downtown Specific Plan Update/Downtown Station Area Plan is both an update
to the existing Downtown Specific Plan and preparation of a plan to identify the best
possible location for a High Speed Train (HST) Station in Downtown Gilroy. The
Station Area Plan will act as a tool to guide private development and public
improvements in Downtown over the next 25 years with a focus on the area near the
future HST station and existing Train Station. The study began in April 2015.
Following a review of existing conditions, three alternative land use and circulation
plans for Downtown Gilroy were developed and reviewed in an Alternatives Analysis
Report. Community input received at public meetings, and guidance from the
Citizens Advisory Committee (CAC) helped create a Draft Preferred Alternative. The
Draft Preferred Alternative was presented to the City Council in January, 2017
where additional comments were received. In June, 2017, the City Council
reviewed an assessment of the three alignment alternatives being considered by the
California High-Speed Rail Authority (CHSRA) for the Gilroy area. Subsequently, it
was determined that the City would place the Station Area Plan project on hold until
the CHSRA identifies a preferred alignment alternative as a part of its environmental
review process for the San Jose to Merced segment of its system. Based on recent
Hecker Pass
Specific Plan
Glen Loma Ranch
Specific Plan
Downtown
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updates received in January 2018, the CHSRA expects to identify a Preferred
Alignment in May 2018. The environmental impact report would be released for
public review and comment in November 2018, with adoption of the final
environmental impact report and the CHSRA Record of Decision in November 2019.
F. Status of Neighborhood Districts
The Gilroy General Plan specifies four planned residential growth areas identified as
Neighborhood Districts. These areas are intended to encourage compact, complete
neighborhood-style development, including predominantly single-family uses, together with
commercial and medium- to high-density uses clustered to form neighborhood centers. The
Hecker Pass and Glen Loma Ranch Specific Plans, described above, comprise two of
these areas. The other two are located at the northern and southern reaches of the city.
The northern neighborhood district was reduced significantly by the passage of Measure H,
and now comprises 277 acres south of Day Road, between Santa Teresa Boulevard and
Wren Avenue/Monterey Road. Under the 2020 General Plan, this area will allow
approximately 2,450 future dwelling units. The southerly neighborhood district comprises
193 acres bounded by Uvas Creek on the north and east, Thomas Road and Santa Teresa
Boulevard on the west, and Mesa Road on the south. In the 2020 General Plan, this area
will support approximately 1,280 dwelling units. Neighborhood Districts also include
provisions for future neighborhood-serving commercial, parks and other supportive uses
intended to establish complete neighborhoods.
3. Development Activity in 2017
Table 2, below, provides a summary of the development activity that occurred in Gilroy in 2017,
including discretionary permits received and approved and building permits issued.
Table 2
Development Activity - 2017
No. of
Applications
Single Family
Dwellings
(0 – 8 DU/AC)
Multi- family
Dwellings
(9 DU/Ac & above)
Commercial/
Industrial
(sq. ft.)
Discretionary
applications
received
21 38 403 223,900
Discretionary
applications
approved/
Denied
11 / 0 98 0 77,140
Building
Permits issued 231 243 192 77,140
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Approved discretionary permits were issued for a total of eleven projects, comprising 98 dwelling
units. The 73-unit Heartland Gardens phase of the Hecker Pass Specific Plan and a 16-unit
project in Eagle Ridge contained the bulk of the units. Applications of note received during 2017
included three multi-family projects, shown below:
Glen Loma Ranch – 125 market rate apartments
Glen Loma Ranch - 77 low income apartments and 81 senior affordable apartments
First Street & Kern Avenue – 120 market-rate apartments
First Street and Kelton Avenue – 12,000 of retail and restaurant uses
Construction of new multi-family housing, and, in particular, low income units, fulfills General Plan
Housing Element policies to facilitate infill housing, to provide housing for all income levels and to
provide new affordable housing.
4. Annual Housing Element Progress Report
As noted previously, the Housing Element Progress Report includes two components: 1) a detailed
reporting of the city’s progress in constructing the amounts of new housing specified in the
Regional Housing Needs Assessment (RHNA) allocation included in the General Plan Housing
Element, and 2) a description of the city’s progress implementing the programs in the Housing
Element intended to remove governmental constraints to the maintenance, improvement and
development of housing. The full report is included as Appendix A to this report. It will submitted
electronically to HCD following City Council acceptance of this report.
A. RHNA Progress Report
The RHNA program establishes an eight-year cycle (2015 -2023) within which the city must
work to achieve the specified amounts of new housing in each income category. Table 3,
below describes the city’s progress in the first three years of the eight-year RHNA cycle.
Building permits were issued for 192, deed-restricted low income apartments in two projects,
Harvest Park and The Cannery. The Cannery will also provide 10 units allotted to Very Low
Income residents. The city has exceeded the RHNA allocations for Low Income and Above-
Moderate (market rate) housing units. Significant amounts of Very Low Income and Moderate
housing units are still needed.
The Area Median Income for a four-person household in for Santa Clara County, as of June,
2017, is $113,300. Based on this, the following are the income levels for the various affordable
housing categories:
Very Low (0 – 50% AMI*) – up to $59,700
Low (51 – 80% AMI) – 59,701 - $84,900
Moderate (81 – 120%AMI) - $84,901 – $135,950
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Table 3
Regional Housing Needs Assessment Progress (2015 – 2022)
Income Level
RHNA
Allocation
by Income
2015 2016 2017
Units
Permitted
To-date
Units
Remaining
Very Low
(0 – 50% AMI*) 236 26 0 10 36 200
Low
(51 – 80% AMI) 160 249 0 192 441 0
Moderate
(81 – 120%AMI) 217 7 0 0 7 210
Above Moderate
(Above 120% AMI) 475 406 321 243 970 0
Total 1,088 688 321 445 1,454
Remaining Need 410
*AMI – Area Median Income in Santa Clara County
B. Activities to Remove Governmental Constraints
The second component of the Annual Housing Element Progress Report requires the city to
provide information on the progress in implementing Housing Element programs and other
activities intended to remove governmental constraints to the maintenance, improvement
and development of housing. Efforts conducted in 2017 include:
A Community Development Department Organization Study was completed, which
examined the organizational structure, staffing and workload and made 49
recommendations for improvements to the development review process tomake it
more business-friendly and efficient. The 2018-19 operating budget includes funds
for key projects, including a new permitting automation system
A new Minor Modification process has been established to streamline development
review for certain minor requests, most of which can be completed “over the
counter”.
In March, 2017, the city entered into a contract with HouseKeys to serve as
Program Administrator for the city's Below Market Rate (BMR) Ownership and
Rental Property Programs, along with the Administration of the First -Time
Homebuyer Loan Program.
In November, 2017, the Community Development Department hosted a Developer’s
Roundtable meeting, intended to provide information on current topics and promote
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a dialog with area developers. Topics covered included the recent Council decision
not to renew the RDO Interim Exemption, proposed Landscape and Protected Tree
Removal Permit ordinances, the Engineering Division Development Review
Process, Park Guidelines and Amenities, and Land Entitlement Development
Application Checklists
Improvements have also been made to a number of Planning Division document
templates to standardize and streamline the preparation of staff reports and permits.
C. Status of Housing Element R-4 Rezoning Sites
The current General Plan Housing Element was approved in December, 2015. In order to
certify the Housing Element, the Department of Housing and Community Development
required the city to rezone a minimum of 27 acres of land to R-4 High Density, in order to
provide adequate land available for development of multi-family housing at a minimum of 20
dwelling units per acre, the density identified by HCD as necessary for development of
affordable housing. Six parcels, totaling 32 acres were rezoned, on First Street, and on
Monterey Road. Of those, two have pending development applications on file. A 120-unit
market-rate project is proposed at the northeast corner of First Street and Kern Avenue,
and a 78-unit project including nine low-income units is nearing approval on one of the
Monterey Street sites.
Appendix A - 2017 Annual Housing Element Progress Report – to be submitted to HCD
electronically
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0 0 104 104 0
R 0 0 0
R 0 0 0
R 0 0 0
R 0 0 0
R 0 0 0
R 0 0 0
R 0 0 0
R 0 0 0
12
12/31/2017
0 0
8
Annual Building Activity Report Summary - New Construction
Very Low-, Low-, and Mixed-Income Multifamily Projects
(11) Total Extremely Low-Income Units*0
011 Cohansey
21 Cohansey
305 Cohansey
243
* Note: These fields are voluntary
(10) Total by income Table A/A3 ►
►
(9) Total of Moderate and Above Moderate from Table A3 ► ► ► ► ► ►243
0
12
12
0
TCAC 98098
See Instructions
Above
Moderate-
Income
Total Units
per
Project
Deed
Restricted
UnitsEst. # Infill Units*
See Instructions
8
Housing without
Financial Assistance
or Deed Restrictions
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
(CCR Title 25 §6202 )
Jurisdiction City of Gilroy
Table A
Housing with Financial Assistance
and/or
Deed Restrictions
6 7
Assistance
Programs
for Each
Development
Tenur
e
R=Re
nter
O=Ow
ner
Affordability by Household Incomes
Very
Low-
Income
Low-
Income
Moderate-
Income
Reporting Period 1/1/2017
1 2
Housing Development Information
Project Identifier
(may be APN No.,
project name or
address)
Unit
Category
5+
5+R
5+
5+
5 5a34
0
Note below the number of units determined
to be affordable without financial or deed
restrictions and attach an explanation how
the jurisdiction determined the units were
affordable. Refer to instructions.
31 Cohansey
41 Cohansey
51 Cohansey
61 Cohansey
12
12
6
12
12
5+
5+
5+
315 Cohansey
325 Cohansey
5+
5+
111 Lewis St.5+R 104 TCAC 1040
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ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
(CCR Title 25 §6202 )
Jurisdiction City of Gilroy
Reporting Period 1/1/2017
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ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
(CCR Title 25 §6202 )
Jurisdiction City of Gilroy
Reporting Period 1/1/2017
0
Table A2
Annual Building Activity Report Summary - Units Rehabilitated, Preserved and Acquired pursuant
to GC Section 65583.1(c)(1)
00No. of Units Permitted for
Moderate 00 0 0
7.
Number of infill
units*
0
* Note: This field is voluntary
243
Please note: Units may only be credited to the table below when a jurisdiction has included a program it its housing element to rehabilitate, preserve or acquire units to accommodate a
portion of its RHNA which meet the specific criteria as outlined in GC Section 65583.1(c)(1)
Low-
Income TOTAL UNITS
(1) Rehabilitation Activity
6.
Total
242
Affordability by Household Incomes
No. of Units Permitted for
Above Moderate
1.
Single
Family
4. Second Unit
0
3. 5+ Units 5.
Mobile Homes
00
2.
2 - 4 Units
0(5) Total Units by Income 0
(3) Acquisition of Units
(2) Preservation of Units At-Risk
1
Annual building Activity Report Summary for Above Moderate-Income Units
(not including those units reported on Table A)
* Note: This field is voluntary
Extrem
ely Low-
Income
*
Very Low-
Income
0
0 0
Table A3
Activity Type (4) The Description should adequately document how each unit complies with subsection (c )(7) of Government
Code Section 65583.1
0
0
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ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
(CCR Title 25 §6202 )
Jurisdiction City of Gilroy
Reporting Period 1/1/2017
0
0
321
0
Above Moderate
160
0
Year
2
0
0
2016
Year
6
Enter Calendar Year starting with the first
year of the RHNA allocation period. See
Example.
406
0
249
0
Permitted Units Issued by Affordability
Table B
Regional Housing Needs Allocation Progress
217
475
236
1,088
Total Units ► ► ►
688
Total RHNA by COG.
Enter allocation number:
Note: units serving extremely low-income households are included in the very low-income permitted units totals.
445
Remaining Need for RHNA Period ► ► ► ► ►
Non-deed
restricted
321 0
Moderate
3
4
0
0
243
10
Year
8
Year
7
2015
Year
4
Year
1
Year
5
26
Non-deed
restricted
0
Income Level
RHNA
Allocation
by
Income
Year
3
Non-deed
restricted
Low
Deed
Restricted 0
Very Low
Deed
Restricted
192
Total Units
to Date
(all years)
36
441
200
0
Deed
Restricted 210
410
1,454
970
4
3
Total
Remaining RHNA
by Income LevelYear
9
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ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
(CCR Title 25 §6202 )
Jurisdiction City of Gilroy
Reporting Period 1/1/2017
Following adoption
of the New General
Plan (estimated FY
2019/20)
The completion of the General Plan was suspended in April, 2016 to await the
outcome of an Urban Growth Boundary Initiative on the November, 2016 ballot. In
April, 2017, the City Council authorized resumption of the General Plan process
with anticipated completion in Fall, 2019. On June 6, 2016 the RDO Interim
Exemption was extended for 18 months to provide housing allocations pending the
completion of the General Plan. Once the General Plan is completed a review of
the RDO Ordinance and the Neighborhood District Ordinance will be completed.
On November 6, 2017, the City Council declined to extend the INterim Exemption
Ordinance allocations until completion of the 2040 General Plan, tentatively
scheduled for December, 2019.
The City shall make the residential sites
inventory available to developers by
publicizing it on the City website and
providing copies of the sites to developers.
The City shall update the list of sites annually,
or as projects are approved on the sites.
The City shall review and revise, as
appropriate, the Residential Development
Ordinance to ensure that it does not pose a
constraint on the maintenance, improvement
and development of housing; and provides
capacity to meet the City’s RHNA need.
Furthermore, the City will encourage the
development of housing that is affordable to a
variety of income groups through the
Residential Development Ordinance by
comparing its features with the Neighborhood
District Ordinance and making any changes
to ensure the two policies are compatible.
Publicize Residential Sites Inventory
Residential Development Ordinance
Program Description
(By Housing Element Program
Names)
Name of Program Objective Status of Program Implementation
Within 6 months of
adoption; update
annually, or as
needed
The Housing Element, which includes vacant and underutilized residential sites, is
on the City Web Site. The Residential Vacant Land Inventory, completed
November 2015 is available to the public and is also on the City Web Site. An
update to the Vacant Land Inventory is in progress.
Timeframe
in H.E.
Program Implementation Status
Table C
Housing Programs Progress Report - Government Code Section 65583.
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of
housing as identified in the housing element.
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ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
(CCR Title 25 §6202 )
Jurisdiction City of Gilroy
Reporting Period 1/1/2017
The City shall review and revise, as
appropriate, the Neighborhood District Policy
to ensure that it encourages the development
of housing that is affordable to a variety of
income groups by comparing its features with
the Residential Development Ordinance and
making any changes to ensure the two
policies are compatible and designed to
reach the same goals.
A 78-unit multi-family residential infill project is undergoing Site and Atchitectural
review. Two affordable infill projects, one with 66 units and one with 104-units are
undergoing building permit review.
Variety of Housing in Neighborhood
Districts
In conjunction with
the New General
Plan preparation
(estimated FY
2019/20)
The completion of the General Plan was suspended in April, 2016 to await the
outcome of an Urban Growth Boundary Initiative on the November, 2016 ballot. In
April, 2017, the City Council authorized resumption of the General Plan process
with anticipated completion in Fall, 2019. The process will include reviewing land
use alternatives including the mix of housing types and densities in the
Neighborhood Districts. Once the General Plan is completed, the Residential
Development Ordinance (RDO) and the Neighborhood District Ordinance be
reviewed and updated.
Facilitate Infill Development Biennially starting
in 2016
The City shall coordinate efforts with private
and non-profit developers, and other housing
related groups to encourage the construction
of residential development through a menu of
regulatory incentives (e.g., streamlined
review and other methods that will effectively
encourage infill development). The City shall
monitor infill development on a biannual basis
to ensure the effectiveness of programs to
encourage housing development. If, based
on its biannual review, the City finds that
additional programs are needed to facilitate
infill development, the City shall revise
programs as appropriate.
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ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
(CCR Title 25 §6202 )
Jurisdiction City of Gilroy
Reporting Period 1/1/2017
Monitor Permit Requirements,
Processing Procedures and Land Use
Controls
Starting in 2016
and implement
changes as
appropriate
The Community Development Department organization review was completed in
January, 2017. The study examined the organizational structure, staffing and
workload in the Community Development Department and made 49
recommendations for improvements to the development review process to make it
more business-friendly and efficient. An Implementation Action Plan was also
prepared and is being used to prioritize resources accordingly. The 2018-2019
Two-year operating budget includes funding for some key projects, including a
new permitting automation system for the Community Development Department.
A new Minor Modification process has been established to streamline
development review for certain minor requests, most of which can be completed
"over the counter". By providing the expedited process (often instead of the more
formal Architectural and Site Permit), applicants can appreciate significant time
and cost savings.
Zoning to Encourage and Facilitate
Single-Room Occupancy Units
Study Micro-Units
Following adoption
of the New General
Plan (estimated FY
2019/20)
FY 2017/18
On November 20, 2017, the City Council approved the Accessory Dwelling Unit
provisions of the Zoning Ordinance to comply with recent state legislation.
Planning staff have begun review of how micro-units or "tiny homes" may be
addressed in the Zoning Ordinance. The Micro-Unit study will begin 3rd quarter of
FY 2017/18
To ensure permit requirements and
processing procedures do not constrain
residential development, the City shall
evaluate current requirements and
procedures on a biannual basis. The City
shall consult builders and other parties
engaged in housing development activities to
identify concerns. If permitting requirements
are determined to be a constraint to
residential development, the City shall modify
permitting requirements and/or procedures to
address constraints, as feasible.
The City shall revise the Zoning Code to
establish explicit definitions for and regulatory
standards addressing single-room occupancy
units.
The City shall conduct a study of the
appropriateness of “micro-units” in Gilroy and
the existing barriers in the Zoning Ordinance
to the provision of micro-units. Based on the
findings of the study, the City will make a
determination of the appropriateness of micro-
units in Gilroy and, if determined appropriate,
identify methods for eliminating barriers, and
establish appropriate development standards.
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ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
(CCR Title 25 §6202 )
Jurisdiction City of Gilroy
Reporting Period 1/1/2017
Develop Affordable Housing Incentives Review incentives
within 1-year of
Housing Element
adoption; revise, as
appropriate;
Monitor
effectiveness of
incentives and
regulatory
concession
biennially, starting
in 2016; Ongoing
monitoring of
development within
Downtown Specific
Plan.
The City will continue to evaluate incentives. One change that was implemented
was a change to the Residential Development Ordinance Affordable Housing
Exemption Procedure (Procedure). Originally it required the cost of affordable
rental units be equivalent to the California Tax Credit Allocation Committee
(CTCAC) 50% income level rental rates for Santa Clara County. To promote
further use of tax credit financing, the City changed the Procedure to allow those
rents at either 50% and/or 60% income levels. As a result, two affordable multi-
family housing projects providing 366 dwelling units have been approved and are
under construction in the Downtown Specific Plan area.
The City shall review and revise, current
incentives and regulatory concessions
available to developers for the development
of affordable housing throughout the city,
especially within the Downtown Gilroy
Specific Plan area and Neighborhood District.
The City shall also provide technical
assistance, as feasible. The City shall
continue to monitor development within the
City’s Downtown area on a biannual basis to
ensure the implementation of the Specific
Plan’s policy on encouraging the
development of a mix of retail, office and
higher density residential uses. The City shall
encourage the development of uses within
the area to closely follow the recommended
land use assumptions contained in the
Specific Plan. If the City finds that the
proportion of residential uses to non-
residential uses are not being developed as
assumed in the Specific Plan, the City shall
investigate additional incentives, concessions
or assistance and revise programs as
appropriate.
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ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
(CCR Title 25 §6202 )
Jurisdiction City of Gilroy
Reporting Period 1/1/2017
Pursue Funding for Affordable Housing
Community Development Block Grant
Program
At least biennially,
or as funding
opportunities
become available
Annually
The City will evaluate funding opportunities as they arise and apply as appropriate.
It will also facilitate public hearings on behalf of private developers who wish to
seek tax credit financing for an affordable housing project.
The city continues to administer the CDBG program and funds eligible activities as
funding allows. One such activity is a housing rehabilitation program that helps low
income individuals with accessibility improvements. The city has provided a grant
to Rebuilding Together Silicon Valley to operate and expand the Home Repair,
Rehabilitation and Modification program in Gilroy. This program will provide a wide
range of home repair, accessibility, mobility and rehabilitation improvements for
low income residents.
The City shall pursue funding from State,
Federal, and regional sources and support
applications for funding to help increase the
supply of affordable housing. Funding
programs may include but are not limited to:
• One Bay Area Grants awarded by the
Association of Bay Area Governments;
• HCD Local Housing Trust Fund Program;
• HUD Section 811 funding for supportive
housing for extremely low-income residents;
• The state Infill Infrastructure Grant program,
sponsored by the Department of Housing and
Community Development (HCD); and
• The State Multifamily Housing Program
(MHP), sponsored by HCD.
The City shall continue to administer the
Community Development Block Grant
(CDBG) Program for all eligible activities,
including acquisition, rehabilitation, home
buyer assistance, economic development,
homeless assistance, public services, and
public improvements. The City shall continue
to inform non-profit organizations of funding
availability through the City’s website and
informational packets at City Hall.
10.A.a
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ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
(CCR Title 25 §6202 )
Jurisdiction City of Gilroy
Reporting Period 1/1/2017
Housing Trust Fund
Funding Sources to Assist
Homeownership
Section 8 Referrals
Annually
Ongoing review of
additional funding
sources for
homeownership
assistance.
Post on website by
January 2016;
provide referral on
an ongoing basis
The city continues to administer the HTF program and funds housing related
activities as funding allows. These activities include fair housing services, tenant
landlord counseling services and homeless prevention services.
The City has published the availability of Mortgage Credit Certificates on its
website. It will do the same when other funding opportunities are available. The
city also posted on its website a like to House Keys, and organization that helps
first-time homebuyers secure Below Market Rate(BMR) downpayment assistance
and a list of realtors who experience with BMR programs.
The city has posted on its website a link to the Housing Authority of Santa Clara
County website. Here individuals can learn more about Housing Choice voucher
eligibility and determine if the current waiting list is accepting any additional
households.
The City shall continue to administer the
City’s Housing Trust Fund (HTF) for all
eligible activities, including new construction,
acquisition, rehabilitation, home buyer
assistance, homeless assistance, public
services related to housing, and preservation
of affordable housing. The City shall continue
to inform non-profit organizations of funding
availability through the City’s website and
informational packets at City Hall.
The City shall pursue potential sources of
additional funding for homeownership
assistance, including the availability of State
HCD, CalHFA funds, HOME, and County
funds. The City shall improve public outreach
activities through the compilation of
resources for down payment assistance,
silent second mortgages, and other means of
acquiring a home.
The City shall continue to provide Section 8
referral services and information to City
residents. The City shall make information on
the Section 8 voucher program available on
the City website.
10.A.a
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ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
(CCR Title 25 §6202 )
Jurisdiction City of Gilroy
Reporting Period 1/1/2017
Development of Housing for Extremely
Low-Income Households
Water and Sewer Service Priority
Housing Rehabilitation OngoingTo enhance the quality of existing
neighborhoods, the City shall continue to
implement the City’s Housing Rehabilitation
Program. The City will continue using
Community Development Block Grant
(CDBG) funds to assist in the improvement of
substandard housing.
Review and amend
Zoning Code
(estimated FY
2019/20), as
appropriate,
following adoption
of the New General
Plan
Review every 5
years, starting
December 2015
A comprehensive update of the Zoning Ordinance is underway and will be
completed shortly after completion of the General Plan.
Not due this year
The city currently funds a housing rehabilitation program that provides accessibility
improvements to very low income households. The city has provided a grant to
Rebuilding Together Silicon Valley to operate and expand the Home Repair,
Rehabilitation and Modification program in Gilroy. This program will provide a wide
range of home repair, accessibility, mobility and limited rehabilitation
improvements for low income residents.
The City shall review and incorporate
appropriate regulatory incentives, financial
incentives, and other policies that encourage
the development of housing units for
extremely low-income households. The City
shall encourage and support the development
of housing for extremely low-income
households within future affordable housing
projects through various strategies and
programs that may include: assistance with
entitlement processing; and modifying
development standards and granting
concessions and incentives for projects that
provide housing for lower income families.
The City shall review and update every five
years, as necessary, the Water and Sewer
Service Priority Policy to ensure future
affordable projects will receive service
priority.
10.A.a
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ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
(CCR Title 25 §6202 )
Jurisdiction City of Gilroy
Reporting Period 1/1/2017
Code Enforcement Program OngoingTo ensure continued maintenance of housing
quality, condition, and use, the City shall
continue to enforce building codes to address
existing exterior and interior code violations.
Within current staffing limits, the City shall
contact owners of units identified as
substandard, offering inspection services and
providing information on the City’s
Rehabilitation Loan Program and
landlord/tenant information and mediation
services.
Ongoing
Ongoing
The city continues to utilize CDBG funding to fund housing code enforcement
services within the HUD approved Neighborhood Revitalization Strategy Area.
To date, no multi-family affordable housing units have converted to market rate or
are at-risk of conversion. Many of the complexes have undergone significant
rehabilitation to update and prolong the longevity of the units. The city has
contracted with HouseKeys to serve as Program Administrator of the city's BMR
home ownership and rental property program. HouseKeys will continue to
evaluate the city's current multi-family affordable housing stock to determine if any
development are at-risk of conversion.
The city has contracted with HouseKeys to serve as Program Administrator of the
city's BMR home ownership and rental property program.
The City shall provide for regular monitoring
of deed-restricted units that have the
potential of converting to market rate. In order
to proactively address units at-risk of
conversion, the City shall develop a program
to partner with non-profit housing providers
and develop a preservation strategy. This
strategy will at least include biennial contact
with property owners of affordable units,
identification of funds to purchase and
preserve affordable units, noticing of tenants
and technical assistance with applications for
funds.
The City shall continue to implement resale
controls on owner-occupied Below Market
Rate (BMR) units to ensure that affordable
units provided through public assistance or
public action are retained for 30 years or
more as affordable housing stock.
Monitoring of Units At-Risk of
Converting to Market Rate
Resale Control on Owner-Occupied
Below Market Rate Units
10.A.a
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ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
(CCR Title 25 §6202 )
Jurisdiction City of Gilroy
Reporting Period 1/1/2017
Ongoing
Review and amend
Zoning Code
(estimated FY
2019/20), as
appropriate,
following adoption
of the New General
Plan
Rent and resale restrictions are implemented through the City’s Affordable
Housing Policy.
A comprehensive update of the Zoning Ordinance is underway and will be
completed shortly after completion of the General Plan. The Alexander Station
affordable housing project, under construction, includes 103 three-bedroom and
32 four-bedroom units that will support large families.
The City shall continue to implement rent and
income restrictions on rental Below Market
Rate (BMR) units to ensure that affordable
units provided through public assistance or
public action are retained for 30 years or
more as affordable housing stock.
The City shall review and revise the Zoning
Code, as appropriate, to incorporate
appropriate regulatory incentives, and other
policies that encourage the development of
rental housing units with three or more
bedrooms to accommodate the needs of
large families. The City shall encourage and
support the development of rental housing for
large families within future affordable housing
projects through various strategies and
programs that may include: assistance with
site identification and entitlement processing;
and modifying development standards and
granting concessions and incentives.
Rent and Income Restrictions on
Rental Below-Market Rate Units
Housing for Large Families
10.A.a
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ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
(CCR Title 25 §6202 )
Jurisdiction City of Gilroy
Reporting Period 1/1/2017
The City shall conduct a study to determine if
reduced parking standards for senior housing
is appropriate in Gilroy. Based on the findings
of the study, the City may revise the Zoning
Code, as necessary, to reduce parking
standards for senior housing.
The City shall continue to partner with the
Housing Authority of Santa Clara County and
various non-profit organizations to explore
and implement ways of providing affordable
farmworker housing. The City shall assist with
requests by developers for State and Federal
funding for development of multi-family
housing within city limits.
The City shall consider areas for new senior
housing development, including residential
care facilities, that are convenient to public
transit and within walking distance to
shopping and restaurants, and incorporate
appropriate regulatory incentives, financial
incentives, and other policies that encourage
the development of housing for seniors. The
City shall continue to accept Senior only and
Affordable Senior Housing projects through
the RDO Exemption program to encourage
the development of these projects.
Outreach to Santa
Clara Housing
Authority and non-
profit organizations
biennially starting in
2016, and identify
and pursue
development, as
appropriate
No action was taken on this item during this calendar yearDevelopment and Conservation of
Housing for Farmworkers
Reduced Parking Standards for Senior
Housing
A comprehensive update of the Zoning Ordinance is underway and will be
completed shortly after completion of the General Plan.
Review and amend
Zoning Code
(estimated FY
2019/20), as
appropriate,
following adoption
of the New General
Plan
Development of Housing for Seniors A comprehensive update of the Zoning Ordinance is underway and will be
completed shortly after completion of the General Plan. In December, 2015, the
72-unit Monterey Gateway affordable senior housing project was approved by the
City Council.
Conduct study and
review Zoning Code
(estimated FY
2019/20) (as
appropriate)
following adoption
of the New General
Plan
10.A.a
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ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
(CCR Title 25 §6202 )
Jurisdiction City of Gilroy
Reporting Period 1/1/2017
The City shall update the Zoning Code to be
consistent with the Employee Housing Act
(Health and Safety Code 17021), which
generally requires employee housing to be
permitted by-right, without a CUP, in single-
family zones for less than six persons, and in
all zones that allow agricultural uses with no
more than 12 units or 36 beds.
The City continues to utilize CDBG funding to support the Home Access Program.
The city evaluate the program to allow for additional improvements.
Initiate coordinate
by 2016
A comprehensive update of the Zoning Ordinance is underway and will be
completed shortly after completion of the General Plan.
The City provides funding to homeless service providers through both its CDBG
and HTF programs. Services include case management, homeless prevention and
provision of basic need items.
A link to the San Andreas Regional Center website has been added to the city
website.
The Zoning Ordinance allows residential care homes for six or fewer residents by
right in all resdiential zones. Residential care homes for seven or more residents
are allowed with approval of a Conditional Use Permit. A comprehensive update
of the Zoning Ordinance is underway and will be completed shortly after
completion of the General Plan.
Amend Zoning
Code (estimated
FY 2019/20)
following adoption
of the New General
Plan
The City shall continue to support the efforts
of agencies providing emergency shelter for
homeless residents, including providing
funding when feasible and appropriate.
The City shall update the Zoning Code to be
fully compliant with State law and allow
transitional and supportive housing in all
zones that allow residential uses, subject to
the same restrictions that apply to other
residential uses of the same type in the same
zone.
The City shall work with the San Andreas
Regional Center to implement an outreach
program informing residents of the housing
and services available for persons with
developmental disabilities. The City shall
make information available on the City
website.
Home Access Grants
Coordinate with the San Andreas
Regional Center
The City shall continue to administer Home
Access Program to provide very low-income
disabled residents with help in safely entering
and exiting their homes and accessing
essential areas within their homes.
Zoning Code Amendments for
Transitional and Supportive Housing
Ongoing
OngoingSupport Homeless Service Providers
Review and amend
Zoning Code
(estimated FY
2019/20) following
adoption of the New
General Plan
Consistency with the Employee
Housing Act
10.A.a
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12/31/2017
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
(CCR Title 25 §6202 )
Jurisdiction City of Gilroy
Reporting Period 1/1/2017
The City shall continue to provide funds to
and contract with a non-profit agency to
provide fair housing assistance including
landlord/tenant counseling, homebuyer
assistance, and improvement or removal of
identified impediments. The City shall
disseminate information about fair housing
assistance through pamphlets in City-owned
buildings and other public locations (e.g., City
Hall, Library, post office, other community
facilities) and by posting information on the
City website.
Ongoing The City funds fair housing counseling services through its HTF program. It also
publishes the availability of both tenant/landlord counseling and fair housing
services via its website.
Ongoing
Fair Housing Counseling
Interagency Collaboration for Lower
Cost Housing
The City shall continue participation in
Countywide housing assistance programs,
and collaborate with other public agencies
and non-profit housing sponsors in the use of
available programs to provide lower-cost
housing in Gilroy.
The City partners with the County who provides direct subsidies for two individuals
at an affordable housing apartment complex currently owned by the City. It will
continue to seek similar opportunities with the County especially in light of the
county's work on addressing the growing homeless problem. The city will also
facilitate TEFRA hearings to allow for the development and rehabilitation of
affordable housing units throughout the city. In Decemner, 2017, the city
conducted a TEFRA for an approved 75 unit senior rental housing with supportive
services.
Collaboration with Development
Community
The City provides periodic Developer Roundtables to discuss current topics of
interest.
The City shall continue to establish
relationships with and provide technical
assistance to both for-profit and non-profit
development companies working in the area
of affordable housing, facilitating innovative
partnerships and collaborative approaches to
affordable housing development. The City
will especially utilize the Housing Advisory
Committee to address housing issues and
provide outreach to the development
community.
Ongoing
10.A.a
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12/31/2017
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
(CCR Title 25 §6202 )
Jurisdiction City of Gilroy
Reporting Period 1/1/2017
Community Access to Housing
Information
Delayed due to the departure of the city's Housing Specialist. Other staff turn-over,
including the HCD Coordinator left for another position in May 2017, further
delayed this effort.
While that City has been timely in the past in completion of the Annual Review of
the Housing Element, the departure of both the City’s Housing Specialist and
manager of Housing and Community Development delayed the preparation of this
report. Due to HUD's delayed notice of CDBG funding the city's entitlement
allocation in August 2017 and delays in finding temporary staff to assist with the
housing programs, various implementation activities have been delayed, as well.
Annual Review of Housing Element
To ensure the Gilroy community is provided
the highest level of access to information, the
City shall evaluate the effectiveness of
existing outreach and community education
efforts and develop a comprehensive
outreach strategy for the delivery of housing
information. The outreach strategy will
consider various methods of delivery,
including print media, mailers, web-based
information, and other methods that consider
economic and cultural considerations unique
to the City of Gilroy.
Pursuant to HCD Requirements, the City
shall conduct an annual implementation
review of the Housing Element. The review
will include the following information: a log of
new residential development permits and
completion reports; inventory of units built in
the Extremely Low-, Very Low- and Low-
Income categories, an update or inventory of
approved projects; an annual estimate of
population from the State Department of
Finance; and available vacant land and
zoning survey.
Develop housing
information strategy
by June 2016
Annually to HCD
10.A.a
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12/31/2017
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
(CCR Title 25 §6202 )
Jurisdiction City of Gilroy
Reporting Period 1/1/2017
General Comments:
10.A.a
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